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HomeMy WebLinkAbout69-99 RESOLUTION4 • • • • RESOLUTION NO. 6 9 - 9 9 A RESOLUTION APPROVING THE OFFER AND ACCEPTANCE AGREEMENT ENTERED INTO WITH EASTSIDE MISSIONARY BAPTIST CHURCH TO ALLOW THE CHURCH TO PURCHASE THE REMAINING 1.15 ACRES LOCATED AT 295 CROSSOVER ROAD FOR THE AMOUNT OF $17,400. • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 That the City Council hereby approves the Offer and Acceptance Agreement entered into with Eastside Missionary Baptist Church allowing the church to purchase the remaining 1.15 acres located at 295 Crossover Road for the amount of $17,400. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. ,,...P*SSEAND APPROVED this 186 day of May , 1999. FAYE rty . e• APPROV ,V,: t t• • - By. AT'1'ESTt - r By: ' WAbeed Heather Woodruff, City Clerk Fred Hanna, Mayor INN • • OFFER AND ACCEPTANCE CONTRACT 1. The Eastside Missionary Baptist Church, hereinafter referred to as the Buyer, offers to buy, subject to the terms and conditions set forth herein, the following described property: SEE ATTACHED EXHIBIT "A" 2. Purchase Price: Subject to the following conditions, the Buyer shall pay for the property at closing, the total and cash payment of $17,400.00 3. Contingent Earnest Money Deposit: The Buyer herewith tenders a check for $1.000 00 to the City of Fayetteville, Arkansas, a municipal corporation, hereinafter referred to as the Seller, as earnest money, which shall apply on the purchase price. This offer of ,-seH is contingent upon approval of the City Council of the City of r Fayetteville, Arkansas, and, if they do not so approve, the earnest money deposit will SACE be returned to the Buyer by the Seller. If title requirements are not fulfilled or the Seller fails to fulfill any obligations under this contract, the earnest money shall be promptly refunded to the Buyer. If the Buyer fads to fulfill his obligations under this contract or after all conditions have been met, the Buyer fads to close this transaction, the earnest money may, at the option of the Seller, become liquidated damages to the Seller. Alternatively, the Seller may assert legal or equitable rights which it may have because of breach of this contract. The contingency earnest money deposit shall be held in escrow by the Seller. 4. Conveyance will be made to the Buyer by general Warranty Deed, except it shall be subject to recorded instruments and easements, if any, which do not materially affect the value of the property. Such conveyance shall include mineral rights owned by the Seller. 5. The Seller shall furnish, at the Seller's cost, a policy of title insurance in the amount of the purchase price from a title insurance company selected by the Seller. 6. Seller agrees to allow Buyer, if Buyer so desires, at Buyer's expense, to survey the property. Seller agrees to cure any title problems which may result from any differences between the recorded legal descriptions of the property and the survey description. Said title problems, if any, must be solved prior to closing to the satisfaction of the Buyer. Seller agrees to provide Buyer with a copy of Seller's survey on said property, said survey having been conducted by Alan Reid & Associates dated January 26, 1998 as Job No. 98007, and said survey being subject to lands conveyed to the Arkansas State Highway Commission and filed as Deed Record 99-014845 with the Office of the Circuit Clerk, Washington County, Arkansas 7. Taxes and special assessments due on or before closing shall be paid by the Seller. Insurance, general taxes, ad valorem taxes, special assessments and rental payments shall be prorated as of closing. • OFFER AND ACCEPTANCE CONTRACT Page 2 of 6 _lobar to -141e-- The 1'4tCThe closing date is designated to be du? /j/95tija approval to sell by the Fayetteville City Council. If such date of closing falls on a weekend or holiday, it will be held the following working day. Closing shall be held at the offices of the Seller. 9. Possession of the property shall be delivered to the Buyer on the date of closing. It is understood by both Buyer and Seller that the property described herewith has been designated as a staging area for the reconstruction of State Highway No. 265, AHTD Project No 04999. 10. Seller hereby grants permission for the Buyer or designates to enter the above described property and improvements for the purpose of inspection and survey. 11. All fixtures, improvements and attached equipment are included in the purchase price. It is understood that the residential improvement associated with the original property (property description prior to the LESS and ACCEPT) has been conveyed to the Arkansas State Highway Commission and is part of the LESS and ACCEPT portion of the property description set forth in Exhibit 'N. Seller retains the right, at Seller's option, to remove, or have removed by others, improvements consisting of three metal roof sheds or barns that are part of this property transaction but contribute no value to the purchase price. The metal roof sheds or barns will be removed on or before completion of the highway reconstruction utilization indicated in Item #9 above. 12. Risk of loss or damage to the property by fire or other casualty occurring up to the time of closing is assumed by the Seller. 13. Seller shall disclose to Buyer any and all environmental hazards of which Seller has actual knowledge. 14. Seller shall be responsible, at Seller's expense, for the removal of any improvements provided for in Item #9 hereinabove. 15. This agreement shall be governed by the laws of the State of Arkansas. 16. This agreement, when executed by both the Buyer and the Seller shall contain the entire understanding and agreement of the parties with respect to the matters referred to herein and shall supersede all price or contemporaneous agreements, representations and understanding with respect to such matters, and no oral representations or statements shall be considered a part hereof. 17. This contract expires, if not accepted on or before the _ day of , 1999. OFFER AND ACCEPTANCE CONTRACT Page 3 of 6 18. NOTICE: SELLER ASSERTS AND BUYER HEREBY ACKNOWLEDGES THAT THIS OFFER IS EXPRESSLY CONTINGENT UPON THE APPROVAL OF THIS OFFER OF SALE BY THE CITY COUNCIL OF FAYETTEVILLE AND THAT THE FAILURE OF THE COUNCIL TO SO APPROVE WILL MAKE ALL PORTIONS OF TI -HS OFFER NULL AND VOID, INCLUDING, BUT NOT LIMITED TO, THE RETURN TO BUYER OF THE $1,000.00 EARNEST MONEY DEPOSIT. SELLER: CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation 441/A,„, Fred Hanna, Mayor eather Woodruff, City Clerw BUYER: EASTSIDE MISSIONARY BAPTIST CHURCH 325 South Crossover Road, Fayetteville, Arkansas Alfred S gely <11-7+-- anny Farra Phillip Smith Ste Gray Gene Date: #/lor Date: V/S-9 Date: 3 Date: 96" ( 7 Date: 3-3/-96/ Date: — 99 • OFFER AND ACCEPTANCE CONTRACT Page 4 of 6 EXHIBIT 'A° PROPERTY DESCRIPTION A part of the part of the Northwest Quarter (NWY) of the Southeast Quarter (SEY) and a part of the Southwest Quarter (SWY) of the Southeast Quarter (SEA), all in Section Fourteen (14) of Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at the Southeast corner of the Northwest Quarter (NWY) of the Southeast Quarter (SEY) of said Section 14, said point being an existing railroad spike in State Highway 265 (Crossover Road); thence South 02° 55' 31" West along the East line of the Southwest Quarter (SWY) of the Southeast Quarter (SEY) of said section, a distance of 30.00 feet to a point from which a reference set iron pin on the West right of way of said highway bears North 86° 37' 03" West 31.30 feet; thence North 86° 37' 03" West 268.00 feet to a set iron pin; thence North 02° 34' 35" East 295.32 feet to a set iron pin; thence South 86° 37' 03" East 268.18 feet to a point on the East line of the Northwest Quarter (NWY) of the Southeast Quarter (SEY) of said section from which a reference iron set on the West right of way of said highway bears North 86° 37' 03" West 16.64 feet; thence South 02° 34' 35" West 265.32 feet to the Point of Beginning, containing 1.82 acres more or less, and being subject to right of way of State Highway 265 along the entire East boundary and easements of record; LESS AND EXCEPT a portion of the above described property conveyed to the Arkansas State Highway Commission and filed with the Circuit Clerk of Washington County, Arkansas, as Deed Record 99-014845 and being more particularly described, after rotation, as follows: Beginning at the Northeast Corner of the Southwest Quarter (SWY) of the Southeast Quarter (SEY) of said Section 14 and running South 02° 55' 31" West along the East line of said SW% of the SEY, a distance of 30.00 feet; thence North 86° 37' 03" West a distance of 102.13 feet to a point; thence North 03° 55' 55" East a distance of 228.50 feet; thence North 05° 38' 34" East a distance of 66.86 feet; thence South 86° 37' 03" East 93.33 feet; thence South 02° 34' 35" West 265.32 feet to the Point of Beginning, said Less and Except containing 0.668 acre, more or less. Bearings for the hereinabove descriptions are based upon City of Fayetteville Monumentation and State Plane Coordinate System and may vary from descriptions previously used in describing these properties. SIGNED FOR IDENTIFICATION: SELLER: City of Fayetteville, Arkansas; Fred annaMayor BUYER: Eastside Missionary Baptist Church AIfrted�iSagely ,005 DATE 3-3/-9Y DATE DATE • OFFER AND ACCEPTANCE CONTRACT Page 5 of 6 ACKNOWLEDGMENT STATE OF ARKANSAS ) ) COUNTY OF ) ss • BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Alfred Sagely. Phillip A. Smith. Danny Farrar and Gene Gray to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are duly authorized to execute the foregoing Instrument for and in the name and behalf of the Eastside Missionary Baptist Church and further stated and acknowledged that they had so signed, executed and delivered said Instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of a F tX, 1999. 0x E MY COMMISSION EXPIRES: 1 / �- 2-0d .C- "NOTARY SEAL" Carolyn E. Goff, Notary Public Benton County State of Manes My Commission Exp .-:,s Aix,. 18, 2008 ACKNOWLEDGMENT STATE OF ARKANSAS ) ) COUNTY OF WASHINGTON ) SS Notary Public BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Fred Hanna and Heather Woodruff , to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 'nee / 1999. MY COMMISSION EXPIRES: 12,--07-700c> axe, azde • 1 =150' • N86°37'03"W 634673.87392 683735.39244 634643.91302 683733.86141 Tract # 27, City of Fayetteville Total Property = 79,189 sq. ft. (1.818 acres) Existing & New ROW = 29,111 sq. ft. (0.668 acre) Remainder = 50,078 sq. ft. (1.150 acres) Tr # 27 Utility Easement = 8860 sq. ft. @ 15% = 1329 sq. ft. Tr N 26 Utility Easement =9142 sq. ft. @ 15% = 1371 sq. ft. Total = 2700 sq. ft. Basis of Purchase: 50,078 sq. ft. less 2,700 sq. ft. = 47,378 sq. ft. = 1.088 acres and @ $16,000/Ac = $ 17408 , Say $17,400.00 (excludes closing costs) Tract # 26, Eastside Missionary Baptist Church Total Property = 196,557 sq. ft. (4.512 Acres) Existing and New ROW = 27,227 sq ft. (0.625 Acre) TR # 26 Remainder = 169,330 sq. ft. (3.887 Acres) Purchase from City = 50,078 sq. ft. ( 1.150 Acres) Total Property After Purchase= 219,408 sq. ft. ( 5.037 Acres) Basis of Bearings: The bearings of the information presented herein are based upon G.P.S. observation or rotation to G.P.S. System, City of Fayetteville Monumentation, Arkansas State Plane Coordinate System (North Zone). FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Ed Connell, Engineering From: Heather Woodruff, City Clerk Date: May 25, 1999 Attached is a copy of the resolution approving the offer and acceptance agreement with Eastside Missionary Baptist Church for your records. The original will be microfilmed and filed with the city clerk. cc. File X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW STAFF REVIEW FORM For the Fayetteville City Council meeting of May 18. 1999 MICROFILMED FROM: Ed Connell41,[N i Engineering Public Works Name Division Department ACTION REQUIRED:Resolution authorizing Mayor and City Clerk to enter into documentation for the sale of the remainder (1.15 acres) of the Caudle property, located at 295 S. Crossover Road, to Eastside Missionary Baptist Church for a purchase price of $17,400.00. The subject property was originally purchased by the City for Hwy 265 right of way purposes. COST TO CITY: $ -17,4000 $ Hwy 265 Widening R.O.W. Cost of this Request Category/Project Budget Category/Project Name 4470-9470-5810.00 $ Account Number Funds Used To Date Program Name 94Q83-30 Prolec Number Remaining Balance Fund BUDGET REVIEW: X Budgeted Item t Coordinator Budget Adjustment Attached .uVI" 4Gl cSel Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: 41 Pn/,t-1 4'-4D -9 Aate cco g anag i01 9 t(y Attornt Date Purchasing O ficer Date tm er RANTING It Y: ADA Coordinator ate Date STAFF RECOMMENDATION:Staff recommends sale of land to the adjacent property owner, Eastside Missionary Baptist Church. Property is approx. 175 ft.± deep by 295 ft.± frontage and not considered suitable for any City purpose. Church owns property to the South and West of the parcel '/I4 9q D to 4-4404 Date mmistra &ve Mayor Cross Reference New Item: Yes __ No Prev Ord/Res #: Orig Contract Date: FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Fayetteville City Council THRU: Fred Hanna, Mayor Charles Venable, Public Works Director Jim Beavers, City Engineer/6 FROM: Ed Connell, Land Agente 2 DATE: April 15, 1999 RE• Sale of "Caudle" Property to Eastside Missionary Baptist Church 295 S. Crossover Road, Fayetteville In March of 1998, the City purchased 1.82 acres of land, including a residence, at the intersection of Wyman Road and Hwy 265. This property was purchased because, at the time, the property was vacant and it was known that a relatively large portion of the land, and the house, would have to be purchased to accommodate the projected expansion of Hwy 265. The City paid $50,000 for the land and improvements. Early in 1999, the City conveyed 2,4 acre to the state, including the residence, leaving a remainder of 1.15 acres, more or less. This remaining 1.15 acres would be a parcel approx. 174 feet deep by approx 295 foot of frontage on Hwy 265. Eastside Missionary Baptist Church owns property (4.5 acres) on the South side and West side of the property described hereinabove (see attached diagram ). After the highway department took approx ,h acre of frontage from the church, trustees inquired to see if the City was interested in selling the remainder of the Caudle property. City staff took a look at the remainder of the Caudle property and decided that there was little application that this property could be used for. The area is zoned for residential purposes; the depth of the parcel is 174± feet with the west 30-40 feet being of minimum use due to a sizeable elevation difference, thus it was decided by the administration to pursue the possible sale of the land to the church. In the acquisition of right of way by the Arkansas State Highway Commission, the church was paid $8,000 for the 1 of land acquired. The City agreed to sell the remainder of the Caudle property (1.15 acres) to the church at the same unit value paid by the highway department, or $16,000/acre. Thus, the 1.15 acres of land would have a purchase price of $18,400.00. The City, on the other hand, needed to acquire utility easements for itself and Arkansas Western Gas Co. across both the church property and the Caudle remainder that would be sold to the church Utilizing our standard of permanent easement value being 15% of land value, the easement portion of both properties were reconciled, resulting in a $1,000.00 credit to the church. When this credit is applied, the resultant purchase price becomes $1 0G. Fayetteville City Council Caudle Property Remainder Sale Page 2 Please find herewith an Offer and Acceptance contract between the Eastside Missionary Baptist Church and the City for the purchase of this land For your information, the unit value on the sale of this land is greater than the land value ($/Ac) at purchase. This is a result of the recent AHTD purchase of land for ROW purposes. . OeW(-z OFFER AND ACCEPTANCE CONTRACT 1. The Eastside Missionary Baptist Church, hereinafter referred to as the Buyer, offers to buy, subject to the terms and conditions set forth herein, the following described property: SEE ATTACHED EXHIBIT "A" 2. Purchase Price: Subject to the following conditions, the Buyer shall pay for the property at closing, the total and cash payment of $17,400.00 3. Contingent Earnest Money Deposit: The Buyer herewith tenders a check for $1 000.00 to the City of Fayetteville, Arkansas, a municipal corporation, hereinafter referred to as the Seller, as earnest money, which shall apply on the purchase price. This offer of se* is contingent upon approval of the City Council of the City of ayetteville, Arkansas, and, if they do not so approve, the earnest money deposit will be returned to the Buyer by the Seller. If title requirements are not fulfilled or the Seller tait fails to fulfill any obligations under this contract, the earnest money shall be promptly refunded to the Buyer. If the Buyer fails to fulfill his obligations under this contract or after all conditions have been met, the Buyer fails to close this transaction, the earnest money may, at the option of the Seller, become liquidated damages to the Seller. Alternatively, the Seller may assert legal or equitable rights which it may have because of breach of this contract. The contingency earnest money deposit shall be held in escrow by the Seller. 4. Conveyance will be made to the Buyer by general Warranty Deed, except it shall be subject to recorded instruments and easements, if any, which do not materially affect the value of the property. Such conveyance shall include mineral rights owned by the Seller. 5. The Seller shall furnish, at the Seller's cost, a policy of title insurance in the amount of the purchase price from a title insurance company selected by the Seller. 6. Seller agrees to allow Buyer, if Buyer so desires, at Buyer's expense, to survey the property. Seller agrees to cure any title problems which may result from any differences between the recorded legal descriptions of the property and the survey description. Said title problems, if any, must be solved prior to closing to the satisfaction of the Buyer. Seller agrees to provide Buyer with a copy of Seller's survey on said property, said survey having been conducted by Alan Reid & Associates dated January 26, 1998 as Job No. 98007, and said survey being subject to lands conveyed to the Arkansas State Highway Commission and filed as Deed Record 99-014845 with the Office of the Circuit Clerk, Washington County, Arkansas 7. Taxes and special assessments due on or before closing shall be paid by the Seller. Insurance, general taxes, ad valorem taxes, special assessments and rental payments shall be prorated as of closing. • OFFER AND ACCEPTANCE CONTRACT Page 2 of 6 suijccr DO '7G 8. The closing date is designated to be dot /i/5W4a,�yser approval to sell by the Fayetteville City Council. If such date of closing falls on a weekend or holiday, it will be held the following working day. Closing shall be held at the offices of the Seller 9. Possession of the property shall be delivered to the Buyer on the date of closing. It is understood by both Buyer and Seller that the property described herewith has been designated as a staging area for the reconstruction of State Highway No. 265, AHTD Project No. 04999. 10. Seller hereby grants permission for the Buyer or designates to enter the above described property and improvements for the purpose of inspection and survey. 11. All fixtures, improvements and attached equipment are included in the purchase price. It is understood that the residential improvement associated with the original property (property description prior to the LESS and ACCEPT) has been conveyed to the Arkansas State Highway Commission and is part of the LESS and ACCEPT portion of the property description set forth in Exhibit "A". Seller retains the right, at Seller's option, to remove, or have removed by others, improvements consisting of three metal roof sheds or barns that are part of this property transaction but contribute no value to the purchase price. The metal roof sheds or barns will be removed on or before completion of the highway reconstruction utilization indicated in Item #9 above. 12. Risk of loss or damage to the property by fire or other casualty occurring up to the time of closing is assumed by the Seller. 13. Seller shall disclose to Buyer any and all environmental hazards of which Seller has actual knowledge. 14. Seller shall be responsible, at Seller's expense, for the removal of any improvements provided for in Item #9 hereinabove. 15. This agreement shall be governed by the laws of the State of Arkansas. 16. This agreement, when executed by both the Buyer and the Seller shall contain the entire understanding and agreement of the parties with respect to the matters referred to herein and shall supersede all price or contemporaneous agreements, representations and understanding with respect to such matters, and no oral representations or statements shall be considered a part hereof. 17. This contract expires, if not accepted on or before the _ day of , 1999. OFFER AND ACCEPTANCE CONTRACT Page 3 of 6 18. NOTICE: SELLER ASSERTS AND BUYER HEREBY ACKNOWLEDGES THAT THIS OFFER IS EXPRESSLY CONTINGENT UPON THE APPROVAL OF THIS OFFER OF SALE BY THE CITY COUNCIL OF FAYETTEVILLE AND THAT THE FAILURE OF THE COUNCIL TO SO APPROVE WILL MAKE ALL PORTIONS OF THIS OFFER NULL AND VOID, INCLUDING, BUT NOT LIMITED TO, THE RETURN TO BUYER OF THE $1,000.00 EARNEST MONEY DEPOSIT. SELLER: CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation 441/4m, Fred Hanna, Mayor eather Woodruff, City CI 1 BUYER: EASTSIDE MISSIONARY BAPTIST CHURCH 325 South Crossover Road, Fayetteville, Arkansas Alfred S gely nny Farra (11-194 74 Aerzi Phillip Smith Gene Gray 0 Date: cif* Date: (//CA.9 Date: g - 3/ - F% Date: ¥ 7 — 97 Date: 3 - 31- 99 Date: 171-1-,- 9? OFFER AND ACCEPTANCE CONTRACT Page 4 of 6 EXHIBIT "A" PROPERTY DESCRIPTION A part of the part of the Northwest Quarter (NW%) of the Southeast Quarter (SEA) and a part of the Southwest Quarter (SWY) of the Southeast Quarter (SEA), all in Section Fourteen (14) of Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas being more particularly described as follows, to -wit: Beginning at the Southeast corner of the Northwest Quarter (NW/) of the Southeast Quarter (SEA) of said Section 14, said point being an existing railroad spike in State Highway 265 (Crossover Road); thence South 02° 55' 31" West along the East line of the Southwest Quarter (SWY) of the Southeast Quarter (SEA) of said section, a distance of 30.00 feet to a point from which a reference set iron pin on the West right of way of said highway bears North 8fi 37' 03" West 31.30 feet; thence North 86° 37' 03" West 268.00 feet to a set iron pin; thence North 02° 34' 35" East 295.32 feet to a set iron pin; thence South 86° 37' 03" East 268.18 feet to a point on the East line of the Northwest Quarter (NW%) of the Southeast Quarter (SEA) of said section from which a reference iron set on the West right of way of said highway bears North 86° 37' 03" West 16.64 feet; thence South 02° 34' 35 West 265.32 feet to the Point of Beginning, containing 1.82 acres, more or less, and being subject to right of way of State Highway 265 along the entire East boundary and easements of record; LESS AND EXCEPT a portion of the above described property conveyed to the Arkansas State Highway Commission and filed with the Circuit Clerk of Washington County, Arkansas as Deed Record 99-014845 and being more particularly described, after rotation, as follows: Beginning at the Northeast Corner of the Southwest Quarter (SWY) of the Southeast Quarter (SEA) of said Section 14 and running South 02° 55' 31" West along the East line of said SW% of the SEA, a distance of 30.00 feet; thence North 86° 37' 03" West a distance of 102.13 feet to a point; thence North 03° 55' 55" East a distance of 228.50 feet; thence North 05 38' 34° East a distance of 66.86 feet; thence South 86° 37' 03" East 93.33 feet; thence South 02° 34' 35" West 265.32 feet to the Point of Beginning said Less and Except containing 0.668 acre more or less Bearings for the hereinabove descriptions are based upon City of Fayetteville Monumentation and State Plane Coordinate System and may vary from descriptions previously used in describing these properties. SIGNED FOR IDENTIFICATION: SELLER: City of Fayetteville, Arkansas; 7140 Fred anna, Mayor BUYER. Eastside Missionary Baptist Church DATE 3-3/-9Y Alfred/Sagely DATE DATE OFFER AND ACCEPTANCE CONTRACT Page 5 of 6 ACKNOWLEDGMENT STATE OF ARKANSAS ) COUNTY OF ) ss BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Alfred Sagely. Phillip A. Smith, Danny Farrar And Gene Gray to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they aar duly authorized to execute the foregoing Instrument for and in the name and behalf of the Eastside Missionary Baptist Church and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this MY COMMISSION EXPIRES: A /X 2-0d I -- STATE OF ARKANSAS day of fr I — 1999. .L-tu.eirt.. "NOTARY SEAL" Carolyn E. Gott, Notary Public Benton County, State of Arkanaa My Commission Exons nut;. 18, 2006 ACKNOWLEDGMENT ) ) ss COUNTY OF WASHINGTON ) Notary Public BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Fred Hanna and Heather Woodruff , to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this�J�'y` day of /.e/ / 1999. MY COMMISSION EXPIRES: ae./7,42,-ye a. Q N r- ot, a N86°2 "Eastside Missionary Baptist ti AHTD Tr## 26 Tract # 27, City of Fayetteville Total Property = 79,189 sq. ft. (1.818 acres) Existing & New ROW = 29,111 sq. ft. (0.668 acre) Remainder = 50,078 sq. ft. (1.150 acres) Tr # 27 Utility Easement = 8860 sq. ft. @ 15% = 1329 sq. ft. Tr it 26 Utility Easement =9142 sq. ft. @ 15% = 1371 sq. ft. Total = 2700 sq. ft. Basis of Purchase: 50,078 sq. ft. less 2,700 sq. ft. = 47,378 sq. ft. and @ $16,000/Ac = Tract # 26, Eastside Missionary Baptist Church Total Property — 196,557 sq. ft. (4.512 Acres) Existing and New ROW = 27,227 sq ft. (0.625 Acre) TR # 26 Remainder = 169,330 sq. ft. (3.887 Acres) Purchase from City = 50,078 sq. ft. ( 1.150 Acres) Total Property After Purchase= 219,408 sq. ft. ( 5.037 Acres) 683735.39244 634643.91302 683733.86141 = 1.088 acres $ 17 408 , Say $17 400.00 (excludes closing costs) Basis of Bearings: The bearings of the information presented herein are based upon G.P.S. observation or rotation to G.P.S. System, City of Fayetteville Monumentation, Arkansas State Plane Coordinate System (North Zone). FAYETTEVILLE DATE: IA 5\q CITY OF FAYETTEVILLE 113 WEST MOUNTAIN STREET FAYETTEVILLE, AR 72701 RECEIPT NO.: CQinsks-cV) Cacres\ rnorv...y ovn CAy 0wr\ecCF EASTSIDE:_ BARTIST_CHURCHI "325 CROSSOVER RD." -} FAYETTEVILLE: AR 72701' _ ... _..... . _ 1000.0b Co?t(k -THE BANK OF FAYE'1'I•EVILI.E. N ?.� f ,-.r j _y' nr rc SOt7ifi BLOCK sTREEf Thank You! RECEIVED BY ORIGINAL TOTAL AMOUNT 000.00 #3515 FAYETTEVILLE CITY OF FAYETTEVILLE 113 WEST MOUNTAIN STREET FAYETTEVILLE, AR 72701 DATE: 4/19/1999 RECEIPT NO.: 990087181 RECEIPT DESCRIPTION AMOUNT Misc Recpt E Baptist Ch -Ernst $ 295 Cross Eastside Baptist Church Thank You! $ 1,000.00 RECEIVED FROM E Baptist Ch -Ernst $ 295 Cross TOTAL AMOUNT $ 1,000.00 ACCTG RECEIVED BY: ORIGINAL • FAYETTEVILLE CITY OF FAYETTEVILLE 113 WEST MOUNTAIN STREET FAYETTEVILLE, AR 72701 DATE: 4/19/1999 RECEIPT NO.: 990087181 RECEIPT DESCRIPTION AMOUNT Misc Recpt E Baptist Ch -Ernst $ 295 Cross Eastside Baptist Church Thank You! $ 1,000.00 RECEIVED FROM E Baptist Ch -Ernst $ 295 Cross TOTAL AMOUNT $ 1,000.00 ACCTG RECEIVED BY: DUPLICATE