HomeMy WebLinkAbout73-99 RESOLUTION•
RESOLUTION NO 7 3— 9 9
A RESOLUTION APPRQVING THE OFFER AND ACCEPTANCE
AGREEMENT ENTERED INTO WITH DENNIS A. AND BETTY
L. SMITH, AND AUTHORIZES STAFF TO PURCHASE 1,775
ACRES (TRACTS 1, 2 & 3) AND IMPROVEMENTS LOCATED
AT 547 EAST HUNTSVILLE ROAD IN THE AMOUNT OF
$75,000 FOR THE EXTENSION OF SIXTH STREET FROM
WOOD AVENUE TO EAST HUNTSVILLE ROAD; AND
APPROVING THE EXPENDITURE FOR MISCELLANEOUS
CLOSING COSTS.
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 Dennis A. and Betty L. Smith; authorizes staff to purchase 1,775 acres (Tracts 1,
2 & 3) and improvements located at 547 East Huntsville Road in the amount of $75,000, for the
extension of Sixth Street from Wood Avenue to East Huntsville Road; and approves the expenditure
for miscellaneous closing costs associated with the purchase of said land as set forth in Exhibit "A'
attached hereto and made a part hereof.
c PASSED AND APPROVED this day of June , 1999.
APPROV
4t..
ATTEST: /,
Witte
Heather Woodruff, City C e
By
Fred Hanna, Mayor
TRACT 1:
res.73-99•
EXHIBIT "A"
PROPERTY DESCRIPTION
A part of Lot Six (6) and part of Lot Seven (7) of Aumick's Addition to the City of Fayetteville,
Washington County, Arkansas, being more particularly described as follows: Commencing at the
Southwest comer of said Lot 6; thence with the west line of Lot 6, North 02° 27' 17" East 215.01
feet, to the point of beginning; thence continuing with said west line, North 02° 27' 17" East 151.89
feet; thence South 83° 30' 51" East 140.37 feet; thence South 02° 27' 17" West 154.10 feet; thence
North 82° 37' 04" West 140.55 feet, to the Point of Beginning and containing 21,423 square feet
(0.492 acre), more or less.
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, the
system which the City of Fayetteville presently uses This bearing system may vary from the bearings
used in previous descriptions of this property.
TRACT 2:
A part of Lot Seven (7) and part of Lot Eight (8) of Aumick's Addition to the City of Fayetteville,
Washington County, Arkansas, being more particularly described as follows: Commencing at the
Southeast comer of said Lot 8; thence with the east line of Lot 8, North 02° 27' 17" East 191.15 feet,
to the point of beginning; thence North 82° 09' 19" West 125.56 feet; thence North 02° 27' 17" East
311.61 feet, more or less, to the existing south right of way line of Huntsville Road; thence with said
existing south right of way line, South 43° 47' 42" East 173.04 feet to the east line of Lot 8; thence
with said east line South 02° 27' 17" West 203.74 feet, to the Point of Beginning and containing
32,210 square feet (0.739 acre), more or less.
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, the
system which the City of Fayetteville presently uses. This bearing system may vary from the bearings
used in previous descriptions of this property.
TRACT 3:
A part of Lot Nine (9) of Aumick's Addition to the City of Fayetteville, Washington County,
Arkansas, being more particularly described as follows: Commencing at the Southwest corner of Lot
9; thence with the west line of Lot 9, North 02° 27' 17" East 191.15 feet, to the Point of Beginning;
thence continuing with the said west line, North 02° 27' 17" East 203.74 feet; thence South 50° 42'
54" East 174.93 feet, to the east line of Lot 9; thence with said east line, South 02° 25' 48" West
134.56 feet; thence North 73° 15' 19" West 144.54 feet, to the Point of Beginning and containing a
total of 23,686 square feet (0.544 acre), including 1,953 square feet (0.045 acre) in existing right of
way, more or less.
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, the
system which the City of Fayetteville presently uses. This bearing system may vary from the bearings
used in previous descriptions of this property.
•
Page 2
Exhibit A
Resolution No.
TRACT 1:
73-99
•
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION
A temporary construction and grading easement fifteen (15) feet of equal and uniform width, being
more particularly described as follows: Commencing at the Southwest comer of Lot 6 of Aumick's
Addition to the City of Fayetteville, Washington County, Arkansas; thence with the west line of said
Lot 6, North 02° 27' 17" East 215.01 feet, to a point on the proposed south right of way line of Sixth
Street, said point also being the Point of Beginning; thence with said south right of way line South
82° 37' 04" East 140.55 feet; thence South 02° 27' 17" West 15.06 feet; thence North 82° 37' 04" West
140.55 feet to the west line of Lot 6; thence with said west line North 02° 27' 17" East 15.06 feet, to
the Point of Beginning and containing 2,109 square feet (0.048 acre), more or less,
ALSO, a temporary construction and grading easement fifteen (15) feet of equal and uniform width,
being more particularly described as follows: Commencing at the Southwest corner of Lot 6 of
Aumick's Addition to the City of Fayetteville, Washington County, Arkansas; thence with the west
line of said Lot 6, North 02° 27' 17" East 366.90 feet, to a point on the proposed north right of way
line of Sixth Street, said point also being the Point of Beginning; thence with said north right of way
line, South 83° 30' 51" East 140.37 feet; thence North 02° 27' 17" East 15.04 feet; thence North 83°
30' 51" West 140.37 feet, to the west line of Lot 6; thence with said west line, South 02° 27' 17" West
15.04 feet, to the Point of Beginning and containing 2,106 square feet (0.048 acre), more or less,
TRACT 2:
A temporary construction and grading easement fifteen (15) feet of equal and uniform width, being
more particularly described as follows: Commencing at the Southeast comer of Lot 8 of Aumick's
Addition to the City of Fayetteville, Washington County, Arkansas; thence with the east line of Lot
8, North 02° 27' 17" East 191.15 feet, to a point on the proposed new South right of way line of Sixth
Street, said point also being the Point of Beginning; thence with said south right of way line, North
82° 09' 19" West 125.56 feet; thence South 02° 27' 17" West 15.07 feet; thence South 82° 09' 19" East
125.56 feet, to the east line of Lot 8; thence with said east line North 02° 27' 17" East 15.07 feet, to
the Point of Beginning and containing 1,884 square feet (0.043 acre), more or less,
TRACT 3:
A temporary construction and grading easement fifteen (15) feet of equal and uniform width, being
more particularly described as follows: Commencing at the Southwest corner of Lot 9 of Aumick's
Addition to the City of Fayetteville Washington County, Arkansas; thence with the west line of said
Lot 9, North 02° 27' 17" East 191.15 feet, to the proposed new south right of way line of Sixth Street,
said point also bing the Point of Beginning; thence with said south right of way line, South 73° 15'
19" East 144.54 feet, to the east line of Lot 9; thence with said east line, South 02° 25' 48" West 15.48
feet; thence North 73° 15' 19" West 144 55 feet, to the west line of said Lot 9; thence with said west
line, North 02° 27' 17" East 15.48 feet, to the Point of Beginning and containing 2,168 square feet
(0.050 acre), more or less,
Page 3
Exhibit A
Resolution No.
TRACT 2:
73-99
DRAINAGE EASEMENT DESCRIPTION
•
A permanent drainage easement forty (40) feet of equal and uniform width, being more particularly
described as follows: Commencing at the Southeast corner of Lot 8 of Aumick's Addition to the City
of Fayetteville, Washington County, Arkansas; thence with the South line of said Lot 8, North 87°
32' 43" West 85.00 feet, to the Point of Beginning; thence continuing North 87° 32' 43" West 40.0
feet; thence North 02° 27' 17" East 202.94 feet, to a point on the proposed new south right of way of
Sixth Street; thence with said south right of way line, South 82° 09' 19" East 40.18 feet; thence South
02° 27' 17" West 199.17 feet, to the Point of Beginning and containing 8,042 square feet (0.185 acre),
more or Less.
•
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Ed Connell, Engineering
From: Heather Woodruff, City Clerk
Date: June 3, 1999
Attached is a copy of the resolution approving the offer and acceptance agreement with Mr. and
Mrs. Smith for property located at 547 Huntsville Road. The original will be microfilmed and
filed with the city clerk.
cc. File.
•
•
AGENDA REOUEST
CONTRACT REVIEW
GRANT REVIEW
HTAFF REVIEW FORM
For the Fayetteville City Council meeting of June 1. 1999ffeRervliiviED
Re -s• 73-77
FROM:
Ed Connel ��Y Engineering Public Works
ame Division Department
ACTION REQUIRED: Approval of a resolution authorizing the City to purchase 1.115 acres of land and
improvements from Dennis A. and Betty L. Smith for $75,000 plus closing costs in association with the
extension of Sixth Street from Wood Avenue to East Huntsville Road.
COST TO CITY:
75,000
Cost o this Request
4470-9470-5809.00
Account Number
96Q44-30
Protect Number
$826,491.0Q $ixth St. Extension To Huntsville Rd.
Category/Project Budget Category/Project Name
$ -0-
Funds Used To Date
Program Name
$826,421.00 Salo Tax CIP
Remaining Balance Fund
BUDG i' RE , E
B d V'or.inator
X B dge d Item
377/
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
•
cco
ager�
)/
City Attomef
\I Litt
Purchasing Officer
5 5-19
Date
3r 11
Date
Date
G ' - NTING AG C
141/ i/1411
rna u. for
I
ADA Coor
..
tor
ate
Date
STAFF RECOMMENDATION: Staff recommends approval of this acquisition so that this project can be scheduled for
implementation. This property represents 53% of the required acquisition on this project.
MN 't' VI
Date
S
Date
cniatigq
Date
Date
Cross Reference
New Item• Yes X
Prev Ord/Res #:
No
Orig Contract Date:
FAYETTEVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
DATE. May 4, 1999
TO: Fayetteville City Council
THRU: Fred Hanna, Mayor
Charles Venable, Public Works Director
Donald Bunn, Assistant Pubic Works Director
Jim Beavers, City Engineer
FROM: Ed Connell, Land Age
RE:
Sixth Street Extension to East Huntsville Road
Offer and Acceptance Contract - Smith
Please find herewith an executed Offer and Acceptance Contract between the City and
Dennis A. & Betty L. Smith relative to the acquisition of 1.775 acres of land (Tracts 3,4 &5)
and improvements (house at 547 E Huntsville Road) for the extension of Sixth Street from
Wood Ave, to Huntsville Road.
This property is one of four property owners from which right of way is being acquired.
The Smith property acquisition constitutes 53% of the total additional right of way needed
for this street extension Please refer to the attached diagram which illustrates the right
of way acquisition for this project. The house, located at 547 Huntsville, is to be acquired
due to the proximity of the roadway and the required right of way. Although not illustrated
here, Huntsville Road, just West of Blair Ave., will be closed to through traffic and all
Huntsville traffic is to be directed to the North-South extension of Mashburn Ave.
Please find herewith summary page copies of the independent appraisals recently
conducted on the right of way acquisition from Mr. and Mrs Smith The total appraisals
(See next page) of $72,900.00 includes compensation for drainage and temporary
easements, along with compensation for 1.73 acres of land (0.045 acre is in existing right
of way) and the residence mentioned above. Mr. and Mrs Smith countered with a price of
$75,000 or 102.9% This latter amount was acceptable to the staff. Staff recommends to
the Council an acceptance of this contract at this time. With the closing on this property,
the City anticipates an allowance of adequate time for the Smiths to arrange for other
accommodations for the residents of the house at 547 E. Huntsville. A lease agreement
will be drafted if the Smiths need to rent the house for a couple of months (on a month by
month basis) following closing. This is a common practice on all improvements acquired
by the City.
Staff recommends to the Council that the Contract be approved for the acquisition of the
properties outlined herein.
Appraisal Reports: August, 1998
Dennis and Betty Smith:
Drainage
Land Esmt. TCE Improvements Total
Tract #3: Parts of P 765-02493-000 & 765-02495-000
12,900 0 250 0 13,150
Tract #4: Parts of P 765-02496-000 & 765-02497-000
19,325 1,200 125 25,875 46,525
Tract #5: Part of P 765-02498-000
13,100 0 130 0 13,230
Totals($) 45,325 1,200 505 25,875 72,905
Counter Proposal:
Totals(4) 46,300 1,200 500 27,000 75,000
FAI'ETTEVILLE
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
April 14, 1999
TO: Fred Hanna, Mayor ,, r
THRU: Charles Venable, Director of Public WorksOO
Jim Beavers, City Engineer
FROM: Ed Connell, Land Agent a
RE: Sixth Street Extension to Huntsville Road
Dennis & Betty Smith: Tract # 3, Oland 5
Right of Way & Temporary Easement Acquisition
Please find herewith an Offer and Acceptance Contract between the City and Dennis and$etty
Smith for the acquisition of road right of way, permanent drainage easement and temporary
construction easement in association with the subject project. The city offered $72,905.00 for
the properties involved, based upon an independent appraisal Mr. and Mrs. Smith have
countered with a figure of $75,000.00, a 2.9% increase The contracts need to be executed on
behalf of the City if the counteroffer is acceptable. This contract is, of course, subject to the
approval of the City Council.
Included for your information are the appraisal summary sheets for the three tracts involved with
this transaction. It is noted that Tract #5 includes the purchase of a residence, across from
Mashburn Ave. It is this author's opinion that the counteroffer of Mr. Smith is reasonable and
should be accepted by the City. The Smith properties constitute approximately 53% of the total
area acquisition for this project.
Please sign on behalf of the City at the places indicated and return both documents to Ed
Connell.
OFFER AND ACCEPTANCE CONTRACT
1. The City of Fayetteville, Arkansas, a municipal corporation, 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"
FOR PROPERTY DESCRIPTIONS
2. Seller agrees to enter into Temporary Construction and Grading Easements with the City of
Fayetteville, the descriptions of said Easements as shown in Exhibit "B" attached hereto. The
Temporary Construction and Grading Easements will terminate upon completion and
acceptance by the City of Fayetteville the project that extends Sixth Street from Wood Avenue
to Huntsville Road.
3. Seller agrees to enter into a Drainage Easement with the City of Fayetteville, the description
of said Easement as shown in Exhibit "C" attached hereto.
4. Purchase Price: Subject to the following conditions, the Buyer shall pay for the property
referred to in Item #1 and the easements referred to in Items #2 and #3, at closing, the total
and cash payment of $f2,90L:00: 4 -75-; 0 00 . o O
5. Contingent Eamest Money Deposit: The Buyer will, within two (2) weeks of receipt of this
contract, fully executed, tender a check for $2,000.00 to Dennis A. Smith and Betty L. Smith,
hereinafter referred to as the Seller, as earnest money, which shall apply on the purchase
price. This offer of purchase is contingent upon approval of the City Council of the City of
Fayetteville, 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 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.
Conveyances will be made to the Buyer by general Warranty Deed, Temporary Construction
and Grading Easement, and Drainage Easement, except they shall be subject to recorded
instruments and easements, if any, which do not materially affect the value of the property
Such Warranty Deed conveyance shall include mineral rights owned by the Seller.
7. The Seller shall furnish a policy of title insurance on Item #1 in the amount of $71.200.00
from a title insurance company as selected by the Buyer Buyer and Seller shall share equally
in the cost of title insurance.
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.
OFFER AND ACCEPTANCE CONTRACT
Page 2 of 6
9. 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. Buyer shall pay to Seller at closing that prorated portion of taxes
and assessments due for the tax year of purchase.
10. Seller shall, prior to closing, obtain a release from any mortgagor of the property described
in Item #1 above and provide Buyer with information from said mortgagor as to the required
distribution of proceeds from the sale hereof.
11. The closing date is designated to be thirty (30) days after approval of this offer by the City
Council of Fayetteville, Arkansas. If such date of closing falls on a weekend or holiday, it will
be held the following working day. Seller and Buyer shall share equally in the closing fees if
an independent closing agent is retained for this purpose.
12. Possession of the property shall be delivered to the Buyer on the date of closing.
13. Seller hereby grants permission for the Buyer or its employees or designates to enter the
above described property and improvements for the purpose of inspection and/or surveying.
14. All fixtures, improvements and attached equipment associated with the property described in
Item #1 are included in the purchase price.
15. 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.
16. Seller shall disclose to Buyer any and all environmental hazards of which Seller has actual
knowledge
17. This agreement shall be governed by the laws of the State of Arkansas.
18. 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.
19. This contract expires, if not accepted on or before the 30th day of April, 1999.
20. NOTICE: BUYER ASSERTS AND SELLER HEREBY ACKNOWLEDGES THAT
THIS OFFER IS EXPRESSLY CONTINGENT UPON THE APPROVAL OF
THIS OFFER OF PURCHASE 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 $2,000 00 EARNEST MONEY DEPOSIT.
•
OFFER AND ACCEPTANCE CONTRACT
Page 3 of 6
/o
Dennis A. Smith 4,4r/
SEL
Betty L. mith
AGENT OR WITNESS:
BUYER:
City of Fayetteville, Arkansas,
a municipal corporation
1
Fred a�Mayor
eather Woodruff, City Clerk
Date: /y arty 7?
Date:
Date:
Date: /rh7
(SEAL)
OFFER AND ACCEPTANCE CONTRACT
Page 4 of 6
EXHIBIT "A"
PROPERTY DESCRIPTION
TRACT 1:
A part of Lot Six (6) and part of Lot Seven (7) of Aumick's Addition to the City of Fayetteville, Washington
County, Arkansas, being more particularly described as follows: Commencing at the Southwest corner of
said Lot 6; thence with the west line of Lot 6, North 02° 27' 17" East 215.01 feet, to the point of beginning;
thence continuing with said west line, North 02° 27' 17" East 151.89 feet; thence South 83° 30' 51" East
140.37 feet; thence South 02° 27 17 West 154.10 feet; thence North 82° 37 04 West 140.55 feet, to
the Point of Beginning and containing 21,423 square feet (0.492 acre), more or less
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, the system
which the City of Fayetteville presently uses. This bearing system may vary from the bearings used in
previous descriptions of this property.
TRACT 2:
A part of Lot Seven (7) and part of Lot Eight (8) of Aumick's Addition to the City of Fayetteville, Washington
County, Arkansas, being more particularly described as follows: Commencing at the Southeast corner of
said Lot 8; thence with the east line of Lot 8, North 02° 27 17 East 191.15 feet, to the point of beginning;
thence North 82° 09' 19" West 125.56 feet; thence North 02° 27' 17" East 311.61 feet, more or less, to
the existing south right of way line of Huntsville Road; thence with said existing south right of way line, South
43° 47' 42" East 173.04 feet to the east line of Lot 8; thence with said east line South 02° 27' 17" West
203.74 feet, to the Point of Beginning and containing 32,210 square feet (0.739 acre), more or less
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone the system
which the City of Fayetteville presently uses. This bearing system may vary from the bearings used in
previous descriptions of this property.
TRACT 3:
A part of Lot Nine (9) of Aumick's Addition to the City of Fayetteville, Washington County, Arkansas, being
more particularly described as follows: Commencing at the Southwest comer of Lot 9; thence with the west
line of Lot 9, North 02° 27' 17" East 191.15 feet, to the Point of Beginning; thence continuing with the said
west line, North 02° 27' 17" East 203.74 feet; thence South 50° 42' 54" East 174.93 feet, to the east line
of Lot 9' thence with said east line, South 02° 25 48" West 134.56 feet; thence North 73° 15' 19" West
144.54 feet, to the Point of Beginning and containing a total of 23,686 square feet (0.544 acre), including
1,953 square feet (0.045 acre) in existing right of way, more or less
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, the system
which the City of Fayetteville presently uses. This bearing system may vary from the bearings used in
previous descriptions of this property.
SIGNED FOR IDENTIFICATION:
SELLER:
4
ice/
Dennis A. S
Betty L. S�rith
OFFER AND ACCEPTANCE CONTRACT
Page 5 of 6
EXHIBIT "B"
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION
TRACT 1:
A temporary construction and grading easement fifteen (15) feet of equal and uniform width, being more
particularly described as follows: Commencing at the Southwest corner of Lot 6 of Aumick's Addition to
the City of Fayetteville, Washington County, Arkansas; thence with the west line of said Lot 6, North 02° 27'
17" East 215.01 feet, to a point on the proposed south right of way line of Sixth Street, said point also being
the Point of Beginning; thence with said south right of way line South 82° 37 04 East 140.55 feet; thence
South 02° 27' 17" West 15.06 feet; thence North 82° 37' 04" West 140.55 feet to the west line of Lot 6;
thence with said west line North 02° 2717" East 15.06 feet, to the Point of Beginning and containing 2,109
square feet (0.048 acre), more or less,
ALSO, a temporary construction and grading easement fifteen (15) feet of equal and uniform width, being
more particularly described as follows: Commencing at the Southwest corner of Lot 6 of Aumick's Addition
to the City of Fayetteville, Washington County, Arkansas; thence with the west line of said Lot 6 North 02°
27' 17" East 366.90 feet, to a point on the proposed north right of way line of Sixth Street, said point also
being the Point of Beginning; thence with said north right of way line, South 83° 30' 51" East 140.37 feet;
thence North 02° 27'17" East 15.04 feet thence North 83° 30' 51" West 140.37 feet, to the west line of Lot
6; thence with said west line, South 02° 27' 17" West 15.04 feet, to the Point of Beginning and containing
2,106 square feet (0.048 acre), more or less
TRACT 2:
A temporary construction and grading easement fifteen (15) feet of equal and uniform width, being more
particularly described as follows: Commencing at the Southeast corner of Lot 8 of Aumick's Addition to the
City of Fayetteville, Washington County, Arkansas; thence with the east line of Lot 8, North 02° 27' 17" East
191.15 feet, to a point on the proposed new South right of way line of Sixth Street, said point also being the
Point of Beginning; thence with said south right of way line, North 82° 09' 19" West 125.56 feet; thence
South 02° 27' 17" West 15 07 feet; thence South 82° 09 19 East 125.56 feet, to the east line of Lot 8;
thence with said east line North 02° 27' 17" East 15.07 feet, to the Point of Beginning and containing 1,884
square feet (0.043 acre), more or less,
TRACT 3:
A temporary construction and grading easement fifteen (15) feet of equal and uniform width, being more
particularly described as follows: Commencing at the Southwest comer of Lot 9 of Aumick's Addition to the
City of Fayetteville, Washington County, Arkansas; thence with the west line of said Lot 9, North 02° 27 17
East 191.15 feet, to the proposed new south right of way line of Sixth Street, said point also bing the Point
of Beginning; thence with said south right of way line, South 73015' 19" East 144.54 feet, to the east line
of Lot 9; thence with said east line, South 02° 25 48" West 15.48 feet; thence North 73° 15' 19" West
144.55 feet, to the west line of said Lot 9; thence with said west line, North 02° 27' 17" East 15.48 feet, to
the Point of Beginning and containing 2,168 square feet (0.050 acre), more or less,
SIGNED FOR IDENTIFICATION:
SELLER:
Dennis A. S
OFFER AND ACCEPTANCE CONTRACT
Page 6 of 6
EXHIBIT "C"
DRAINAGE EASEMENT DESCRIPTION
TRACT 2:
A permanent drainage easement forty (40) feet of equal and uniform width, being more particularly
described as follows: Commencing at the Southeast corner of Lot 8 of Aumick's Addition to the City of
Fayetteville, Washington County, Arkansas; thence with the South line of said Lot 8, North 87° 32' 43" West
85.00 feet, to the Point of Beginning; thence continuing North 87° 32' 43" West 40.0 feet; thence North 02°
27' 17" East 202.94 feet, to a point on the proposed new south right of way of Sixth Street; thence with said
south right of way line, South 82° 09' 19" East 40.18 feet; thence South 02° 27' 17" West 199.17 feet, to
the Point of Beginning and containing 8,042 square feet (0.185 acre), more or less.
SIGNED FOR IDENTIFICATION:
SELLER:
"273.4aga-ad
Dennis A. Smith
,6r 1Aw—
Betty
L. ithv
PROJECT
COUNTY
PARCEL #
LOCATION
FEE OWNER
ADDRESS
ESTATE APPRAISED
AREA OF WHOLE
APPRAISAL FPORT
FOR
CITY OF FAYETTEVILLF
Limited Summary Appraisal Report
Sixth Street Extension (Project No. 96044)
Washington
765-02493-000 & 765-02495-000
Pt. of Lots #6 & #7, Aumicks Addition
Dennis A. & Betty L. Smith
531 E. Huntsville Rd., Fayetteville, AR 72701
Fee Simple
1.869 acres AREA OF RESIDUAI.
AREA OF PERMANENT ACQUISITION
(Description attached)
Temporary Construction Easement
21,423 SF or .49 Ac.
4,215 SF or .096 Ac.
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY:
Before
Land
Improvements
Total
After
Land
Improvements
$ 48,861
$ Not Considered
$ 36,007
$ Not Considered
Total
FAIR MARKET VALUE OF PERMANENT R -O -W ACQUISITION
As of 27th day of August, 1998
ALLOCATION OF F.M.V. OF TOTAL ACQUISITION
R -O -W 21,423 SF ® $.60/SF
T.C.E.* 4,215 SF ® $.60/SF x .10 x 1
Trees None
Improvements None
Total R -O -W, T.C.E., Trees, & Improvements
Damages or Benefits
Total Compensation
ATTACHMENTS:
X Certificate of Appraiser
X Photographs
X Site, H&B Use & Narrative
X Legal Descriptions
X Market Data Approach
Survey
X Tax Assessment Card
= $ 12,854
= $ 253
$ 48,861
$ 36 007
$ 12,854
Say $ 12,900
Say $ 250
$ 0
$ 0
$ 13,150
$ 0
$ 13,150
1.378 acres
////+
(-4‹.....011C°4 •‘11%.Tanpnlq/
•
llio
Mark E Riskd A, NCG020i/A;
..,.I,. .,q- re
t't ail
Temporary Construction Easement (T.C.E.) value is based upon the fee simple land value mdtiplied times
the Current Yield on 1 Year CDs for a 1 year period plus a premium for inconvenience.
•
PROJECT
COUNTY
LOCATION
FEE OWNER
ADDRESS
ESTATE APPRAISED
AREA OF WHOLE
APPRAISAL REPORT
FOR
CITY OF FAYETTEVILLE
Limited Summary Appraisal Report
Sixth Street Extension (Project No. 96044)
Washington
765-02496-000 & 765-02497-000
Pt. of Lots #7 & k8 Aumicks Addition
Dennis A. & Betty L. Smith
531 E. Huntsville Rd., Fayetteville, AR 72701
Fee Simple
1.305 acres AREA OF RESIDUAL
AREA OF PERMANENT ACQUISITION
(Descriptions attached)
Drainage Easement
Temporary Construction Easement
32,210 SF or .74 Ac.
8,042 Sq. Ft. or .185 acre
1,884 Sq. Ft. or .043 acre
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY:
Before
Land
Improvements
Total
After
Land
Improvements
$ 34,105
$ 25,875
$ 13,580
$ 0
Total
FAIR MARKET VALUE OF PERMANENT R -O -W ACQUISITION
As of 27th day of August, 1998
ALLOCATION OF F.M.V. OF TOTAL ACQUISITION
R -O -W 32,210 SF ® $.60/SF = $19,326
Drainage Esnu. 8,042 SF @ $.15/SF = $ 1,206
T.C.E.• 1,884 SF 0$.60/SF x .lO x l = $ 113
Trees Included in Land Value
Improvements Dwelling - 1,035 SF ® $25/SF = $25,875
Total R -O -W, D.E., T.C.E., Trees, & Improvements
Damages or Benefits
Total Compensation
ATTACHMENTS:
X Certificate of Appraiser
X Photographs App aiser, Mark E. Risk GAA, #CG0202
X Zoning, H&B Use & Narrative `_-
X Legal Descriptions
X Market Dam Approach
X Survey
X Tax Assessment Card
Say
Say
Say
$ 59,980
565 acres
$ 13,580
$ 46,400
$ 19,325
$ 1,200
$ 125
$ 0
$25 875
$ 46,525
$ 0
$ 46,525
Drainage Easement (D.E.) value is based upon 25% of the fee simple land value per appraiserresearcfi.
Temporary Construction Easement (T.C.E.) value is based upon the fee simple land value multiplied
times the Current Yield on 1 Year CDs for a 1 year period plus a premium thr inconvenience.
PROJECT
COUNTY
PARCEL #
LOCATION
FEE OWNER
ADDRESS
APPRAISAL REPORT
FOR
CITY OF FAYEITEVIIL,E
Limited Summary Appraisal Report
Sixth Street Extension (Project No. 96044)
Washington
765-02498-000
Lot #9 Aumicks Addition
Dennis A. & Betty L. Smith
531 E. Huntsville Rd., Fayetteville, AR 72701
ESTATE APPRAISED Fee Simple
AREA OF WHOLE 1.056 acres
AREA OF PERMANENT ACQUISITION
(Description attached)
Temporary Construction Easement
AREA OF RESIDUAL
21,733 SF or .50 Ac.
2,168 SF or .050 Ac.
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY:
Before
Land
Improvements
Total
After
Land
Improvements
$ 27,608
$ 0
$ 14,569
$ Q
Total
FAIR MARKET VALUE OF PERMANENT R -O -W ACQUISITION
As of 27th day of August. 1998
ALLOCATION OF F.M.V. OF TOTAL ACQUISITION
R -O -W 21,733 SF ® $.60/SF
T.C.E.' 2,168 SF @ $.60/SF x .10 x 1
Trees None
Improvements None
Total R -O -W, T.C.E., Trees, & Improvements
Damages or Benefits
Total Compensation
ATTACHMENTS:
X Certificate of Appraiser
X Photographs
X Site, H&B Use & Narrative
X Legal Descriptions
X Market Data Approach
X Survey
X Tax Assessment Card
.557 acres
$ 27,608
$ 14,569
$ 13,039
= $ 13,039 Say $ 13,100
= $ 130 Say $ 130
$ 0
$ 0
$ 13,230
$ 0
$ 13,230
m::,aaja uupt�n
Mark E. Risk:oAA, #CG02Q2�
_
•J o
Temporary Construction Easement (T.C.E.) value is based upon the fee simple and value multiplied times
the Current Yield on 1 Year CDs for a 1 year period plusa premium for inconvenience.
• a "
?J4- hi 1 7? -9
I have care(ulty reviewed the HU0.1 Settlement Statement and to the best of my knowledge and belief, h is a true and accurate statement of all
receipts and disbursements made on my account or by me In this transaction. I further certify that I have received a •py of the HUD -1 Settle-
ment Statement. _
orrTHE CITY OF FAYEI ItVILLE,
� /a� ARKANSAS
Sellers
To the best of my knowledge, the HUD -1 Settlement Statement which I have prepared Is a tni6 and accurate account of the funds which were
received and have en or be disbursed by the undersigned as part of this transaction,
"7-79 97
etttemem Agent Dale
DENNIS A. SMITH
BETTY L. SMITH
WARNINQ- It Is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can Include a fine and
Imprisonment. For details see: Tltie 18 U. S. Code Section 1001 and Section 1010.
Previous Edition Is Obsolete
F2366.LM (03/91) P(7/91) U(7/8/91)
10608
HUD -1 (0767) RESPA. HB 4305.2
4 A. SETTLEMENT STATEMENT it if I CU
in
-C1( TAMED
B. TYPE OF LOAN
1.
4.
•
OVA
FHA 2. 0 FMHA 3.
5. OCONV.INS.
•
CONV.UNINS.
6. File Number
FATIC 99-10606
7. Loan Number
8. Mortgage Insurance Case Number
C. NOTE: Tis form Is banished to give you statement of actual settlement costs. Amounts paid to end by the settlement agent are shown. Items marked "(p.o.e.)" were paid
outside the closing; they are shown here for Informational purposes and are not Included In the totals.
D. NAME AND ADDRESS OF BORROWER
THE CITY OF FAYETTEVILLE,
ARKANSAS
113 W. MOUNTAIN STREET,
FAYETTEVILLE,AR 72701
DENNIS
BETTY
531 E
FAYETTEVILLE,AR
DA ADDRESS
D ESS O SELLER
L SMITH
HUNTSVILLE RD,
72701
F. NAME AND ADDRESS OF LENDER
G. PROPERTY LOCATION
PT LTS 6,7,8 & 9, AUMICK ADDN.,
FAYETTEVILLE ARKANSAS 72701
H. SETTLEMENT AGENT
BRONSON ABSTRACT CO., INC.
PLACE OF SETTLEMENT
3810 FRONT STREET, SUITE 5
1. 7 EMMEEBNT DATE
FAYETTEVILLE, ARKANSAS 72703
DISBURSEMENT DATE
7-29-99
J. SUMMARY OF BORROWER'S TRANSACTION
K. SUMMARY OF SELLER'S TRANSACTION
100.
GROSS AMOUNT DUE FROM BORROWER
400. GROSS AMOUNT DUE TO SELLER
101. Contract sales price
73,300.00
401. Contract sales price
73,300.00
102. Personal Property
402. Personal Property
103. Settlement charges to borrower (line 1400)
303.50
403.
104.
404.
105.
405.
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE
106. City/Town taxes to
408. City/Town taxes to
107. County taxes to
407. County taxes to
108. Assessments to
408. Assessments to
109.
409.
110. CITY
TAX PRORATION
134.15
410. CITY
TAX PRORATION
134.15
111.
411.
112.
412.
120. GROSS AMOUNT DUE FROM BORROWER
73,737.65
420. GROSS AMOUNT DUE TO SELLER
73,434.15
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER
500. REDUCTIONS IN AMOUNT DUE TO SELLER
201. Deposit or earnest money
2,000.00
501. Excess Deposit (see Instructions)
2,000.00
202. Principal amount of new loan(s)
502. Settlement charges to seller (line 1400)
825.69
203: Existlng loan(s) taken subject to
503. Existing loan(s) taken subject to
204. Application deposit
504. Payoff o1 first mortgage loan
35,285.02
205. Second lien mortgage
505. Payoff of second mortgage loan
8,814.79
206.
506.
207.
507.
208.
508.
209.
509.
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER
210. City/Town taxes to
510. City/Town taxes to
211. County taxes to
511. County taxes to
212. Assessments to
512. Assessments to
213.
513.
214.
514.
215.
515.
218.
516.
217.
517.
218.
518.
219.
519.
220. TOTAL PAID BY/FOR BORROWER
2,000.00
520. TOTAL REDUCTION AMOUNT DUE SELLER
46,925.50
300. CASH AT SETTLEMENT FROM OR TO BORROWER
600. CASH AT SETTLEMENT TO OR FROM SELLER
301. Gross amount due from borrower Olne 120)
73,737.65
601. Gross amount due to seller (One 420)
73,434.15
302. Less amounts paid by/for borrower (line 220)
( 2,000.00
602. Less reductlon amount due seller (line 520)
( 46,925.50 )
303. CASH ® FROM
1
TO BORROWER
71,737.65
603. CASH ® TO
■
FROM SELLER
26,508.65
I have care(ulty reviewed the HU0.1 Settlement Statement and to the best of my knowledge and belief, h is a true and accurate statement of all
receipts and disbursements made on my account or by me In this transaction. I further certify that I have received a •py of the HUD -1 Settle-
ment Statement. _
orrTHE CITY OF FAYEI ItVILLE,
� /a� ARKANSAS
Sellers
To the best of my knowledge, the HUD -1 Settlement Statement which I have prepared Is a tni6 and accurate account of the funds which were
received and have en or be disbursed by the undersigned as part of this transaction,
"7-79 97
etttemem Agent Dale
DENNIS A. SMITH
BETTY L. SMITH
WARNINQ- It Is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can Include a fine and
Imprisonment. For details see: Tltie 18 U. S. Code Section 1001 and Section 1010.
Previous Edition Is Obsolete
F2366.LM (03/91) P(7/91) U(7/8/91)
10608
HUD -1 (0767) RESPA. HB 4305.2
e
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SETTLEMENT STATEMENT
Page 2
L SETTLEMENT CHARGES
700. TOTAL SALES/BROKFR'S COMMISSION(based on Ddcel
Division of commission !line 7001 as follows' S 73.300.00 [d
701. 5
%• 5
SENT
702 S
703. Comm11,1Ion oald at Settlement
704.
800. ITEMS PAYABLE IN CONNECTION WITH LOAN
801 Loan Odalnation Fee
802 Loan Discount
803. Appraisal Fee
804 Credit Report
805 Lender's Inspection Fee
606. VA Fundlna Fee
807. Assumption Fee
808
809.
810.
811
812.
813.
814
A15
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
901 interest from 7-29-99 to
e1S
/day
902. Mortaaae In,urence Premium for
mos.
901 Hazard Insuranre Premium for
904
905
1000. RESERVES DEPOSITED WITH
1001 Hazard Insurance
vr,. to
yr,. to
LENDER FOR
M.09 as 5
mo
1002 Mortaaae Insurance
mos. a
mo
1001 Cllr Property Taxes
mo, fd S
mo
1004. County Property Taxes
1005 Annual Assessments
mos UP S
mos s9 5
mo.
mo
1008.
mos, W E
mo
1007.
mo, @ S
1(x18
1100. TITLE CHARGES
1101 Settlement or ClosI9a Fee
1102 Abstract or The Search
mn, IS 4%
mo.
mn
to BRONSON ABSTRACT CO INC
100.00
100 00
1101 Title Examination
1104 Tttle Insurance Binder
1105 Dorument Preparation
1106 Notary Fees
1107 Attorney's Fres
!Includes above Item, No,:
1108 Tme Insurance
(Includes above Item, No •
to FIRST AMERICAN TITLE INSURANCE
173.50
173 50
1
1109 Lender's Coveraae 5
1110 Owner's Coveraae 5 73.300.00
1111
1112
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201 Roc Fees: Deed S
30 00• Mto S
1202 CRRYCounty. tax/stamo,• Deed 5
• M0rtMae S
Release S 12.00
30 00
12 00
1201 State tax/stamos• Deed S
1204. to
12115 tn
1300. ADDITIONAL SETTLEMENT CHARGES
1301 Survey
• Mortaaae S
1302 Pest Inspection
1303. 1946 TAXES #765-02498-000
to COLLECTOR
1104. 1998 TAXES #765-02493-000
to COLLECTOR
1305. 1998 TAXES #765-02495-000
to COLLECTOR
1306. 19,98 TAXFS #765-02496-000
to COLLECTOR
1107 199A TAXFS #765-02497.1%X1
tn COI I FCTOR
1400. TOTAL SETTLEMENT CHARGES (enter on Ilse 103. Section J and line 502. Section KI
The Undersigned Acknowledges Receipt of This Settlement Statement and Agrees tg-4te Correctness Thereof.
Buyer THE CITY OF FAYETTEVILLE,
Buyer
Buyer
HUD -1B Settlement Statement
F15792.LM0 (4/99)
10606
4 -en
Seller NIS A. SMITH
97 47
87 21
82 08
303.50
seal L SI1iIlin'"` 4
July 29. 1999
35 91
237_52
825 69
Date
•
•
Dennis A. And Betty L. Smith:
1998 Real Estate Taxes Due in 1999
Lot # 6,
Lot # 7,
Lot # 7,
765-02493-000
765-02495-000
765-02496-000
Lot # 8, 765-02497-000
Lot # 9, 765-02498-000
Total 1998 Taxes
City Acquisition:
Lot #6: 765-02493-000 Total Area(Sq. F)t
Pt.Lot # 6; 765-02493-000 35,165
1999 Tax Base $87.21
Pt. Lot #7: 765-02495-000 34,343
1999 Tax Base $82.08
Pt. Lots #7 & 8: 765-02496-000
19,815
1999 Tax Base $35.91
Pt. Lot #8:: 765-02497-000
Land (41.04%)
1999 Tax Base
Improvement (50.96%)
1999 Tax Base
MMMM
MMMI
$ 87.21
82.08
35.91
237.52
97.47
$540.19
37,026
$ 97.47
$140.05
Pt. Lot #9: 765-02498-000 47,967
1999 Tax Base $97.47
TOTAL, 1998 TAXES $540.19
Imp.
140.05
140.05
City Acq.(Sq. Ft.)
11,411
(32.5%)
$28.34
10,012
(29.2%)
$ 23.97
11,773
(59.41%)
$ 21.33
20,437
(55.2%)
$ 53.80
140.05
23,686
(49.38%)
$ 48.13
Land
87.21
82.08
35.91
97.47
97.47
$400.14
Remainder (Sq. Ft.)
23,754
(67.5%)
$58.87
24,331
(60.8%)
$ 58.11
8,042
(40.59%)
$ 14.58
16,589
(44.8%)
$ 43.67
0.0
24,281
(50.62%)
$ 49.34
•
•
•
1999 TAX PRORATION BASIS:
1999 TAX PRORATION:
01-01-99 THROUGH 07-29-99 = 210 days or 57.5% of the year 1999.(Smith Portion)
42.5% of the year 1999 (City Portion)
Parcel Nos.
765-02493-000
765-02495-000
765-02496-000
765-02497-000
765-02498-000
Total Tax City Portion
$ 87.21
$ 82.08
$ 35.91
$237.52
$ 97.47
Total 1999 Tax Proration $540.19
$ 12.05
$ 10.18
$ 9.07
$ 82.39
$ 20.46
$134.15
Smith Portion
$ 75.16
$ 72.90
$ 26.84
$155.13
$ 77.01
$406.04
Based upon the above calculations and at closing on the properties being acquired by the City, the
1998 taxes due for payment this year are deducted from the proceeds to Dennis and Betty Smith
and paid by the City or closing agent at closing. Since the City is only acquiring a portion of the
parcels listed above, Smith will continue to get the tax bill for each of these properties. After
1999, the assessment on the properties will be adjusted to reflect that portion sold to the City.
However, for 1999, Smith will be responsible for the tax payment of the entirety and the City
portion of such tax liability is indicated above. The City proration is figured in the following
manner: 765-02495-000; 1999 Tax= $82.08
City acquired 29.2% of the land and owned it 42.5% of the time m 1999;
therefore,
(82.08 x 0.292 x 0.425 = $ 10.18 )
Smith is credited and paid for the City 1999 tax liability on these properties as indicated in the
closing statement.
4
SELLER'S/BORROWER'S AFFIDAVIT
State of ARKANSAS
County of WASHINGTON
The undersigned, referred to as Seller/Borrower, whether one or more, being first duly sworn on
oath that the Seller/Borrower is the owner of the following described lands, situtated in
WASHINGTON County, ARKANSAS . To -wit:
DESCRIPTION BEING THE SAME AS SHOWN ON EXHIBIT A ATTACHED HERETO AND MADE A
PART HEREOF.
Seller/Borrower further state the following facts are true:
1. There is no adverse occupant of the property described above.
2. Seller/Borrower and those under whom Seller/Borrower claims title, have been
possession of said lands for more than 7 years past.
3. There are no unrecorded options to purchase, sales contracts or lease
outstanding, which affects the property described above.
4. There have been no
130 days for which a
5. No appliances have
which are unpaid for.
Improvements made on the property described
mechanics' and materialmens' lien may be filed.
been Installed in the property described above
In peaceful
agreements
above during the past
on deferred payments
6. The property described above 1s not traversed by any roadways or easements except those
shown on record.
7. There are no delinquent assessments due on the resident's association on the property
described above, if applicable.
8. That no money whatsoever la owed on subject property to any person, firm, or corporation
other than the following
BANK OF FAYETTEVILLE 1 Int,.&/ 'pi&fCe-
•
9. There are no outstanding Judgments against Seller/Borrower as a result of legal action to
Include, but not limited to, tax liens, divorce, bankruptcy or foreclosure.
10. That the marital status of Seller/Borrower has not changed since they acquired above
described property.
Witness the hand and sq$ of the undersigned of this 29th day of July , 1999 .
Seller: DENNIS XAMITH
Seller. BEr2ITY L,`5 iITH
Borrower: THE CITY OF FAYETTEVILLE,
ARKANSAS
Borrower:
Subscribed and sworn to before me, a Notary Public on this 29th day
y of J Iy , 1999 .
GJi 4ia S i "'>
My Commission Expires:
Not
Public:
Please return this to Bronson Title Services. Inc„ 1419 W. Walnut, Rogers, Arkansas, 72765.
File #_
AFFID.REF
•
EXHIBIT "A"
TRACT 1
A part of Lot Six (6) and part of Lot Seven (7) of Aumick's Addition to the
City of Fayetteville, Washington County, Arkansas, being more particularly
described as follows: Commencing at the Southwest corner of said Lot 6;
thence with the west line of Lot 6, North 02 degrees 27 minutes 17 seconds
East 151.89 feet to the point of beginning; thence continuing with said
west line North 02 degrees 27 minutes 17 seconds East 151.89 feet; thence
South 83 degrees 30 minutes 51 seconds East 140.37 feet; thence South 02
degrees 27 minutes 17 seconds West 154.10 feet; thence North 82 degrees 37
minutes 04 seconds West 140.55 feet to the point of beginning and
containing 21,423 square feet (0.492 acre), more or less.
TRACT 2,
A part of Lot Seven (7) and part of Lot Eight (8) of Aumick's Addition to
the City of Fayetteville, Washington County, Arkansas, being more
particularly described as follows: Commencing at the Southeast corner of
said Lot 8; thence with the east line of Lot 8, North 02 degrees 27
minutes 17 seconds East 191.15 feet to the point of beginning; thence
North 82 degrees 09 minutes 19 seconds West 125.56 feet; thence North 02
degrees 27 minutes 17 seconds East 311.61 feet, more or less, to the
existing south right of way line of Huntsville Road; thence with said
existing south right of way line South 43 degrees 47 minutes 42 seconds
East 173.04 feet to the east line of Lot 8; thence with said east line
South 02 degrees 27 minutes 17 seconds West 203.74 feet to the point of
beginning, and containing 32,210 square feet (0.739 acre), more or less.
TRACT 3
A part of Lot Nine (9) of Aumick's Addition to the City of Fayetteville,
Washington County, Arkansas, being more particularly described as follows:
Commencing at the southwest corner of Lot 9; thence with the west line of
Lot 9, North 02 degrees 27 minutes 17 seconds East 191.15 feet to the point
of beginning, thence continuing with the said west line North 02 degrees 27
minutes 17 seconds East 203.74 feet; thence South 50 degrees 42 minutes 54
seconds East 174.93 feet to the east line of Lot 9; thence with said east
line South 02 degrees 25 minutes 48 seconds West 134.56 feet; thence North
73 degrees 15 minutes 19 seconds West 144.54 feet to the point of beginning
and containing a total of 23,686 square feet (0.544 acre), including 1,953
square feet (0.045 acre) in existing right of way, more or less.
NOTE: The bearings for these descriptions are based on Arkansas State
Plane Coordinates, North Zone, the system which the City of Fayetteville
presently uses. This bearing system may vary from the bearings used in
previous descriptions of this property.
Project No 9W44
Sixth Street Right of Way
Part Parcel No. 76-02498-000
Tract No. 5
WARRANTY DEED
HUSBAND AND WIFE
(With Relinquishment of Curtesy and Dower)
BE IT KNOWN BY THESE PRESENTS:
FILED FOR RECORD
699 JUL 30 RPl 8 07
WASHINGTON CO AR
K. HP NESS
THAT WE, Dennis A. Smith and Betty L. Smith, husband and wife,
hereinafter called GRANTORS, for and in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, do hereby grant, bargain, sell and convey unto the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and
unto Grantee's successors and assigns, the following described land situated in the
County of Washington, State of Arkansas, to -wit:
A part of Lot Nine (9) of Aumick's Addition to the City of Fayetteville, Washington County, Arkansas, being more
particularly described as follows: Commencing at the Southwest corner of Lot 9; thence with the West line of
Lot 9, North 02° 27 17 East 191.15 feet, to the Point of Beginning; thence continuing with the said west line,
North 02° 27' 17" East 203.74 feet; thence South 50° 42' 54" East 174.93 feet, to the east line of Lot 9; thence
with said east line South 02° 25' 48" West 134.56 feet; thence North 73° 15 19" West 144.54 feet, to the Point
of Beginning and containing a total of 23,686 square feet (0.544 acre), including 1,953 square feet (0.045 acre)
in existing right of way, more or less.
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, the system
which the City of Fayetteville presently uses. This bearing system may vary from the bearings used in previous
descriptions of this property.
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and
Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands
and premises; that the same is unencumbered and that the Grantors will forever warrant and defend the title to the said lands
against all legal claims whatever.
And we, the respective Grantors, hereby release and relinquish unto the said Grantee our respective rights of
dower/curtesy and homestead in and to said lands.
WITNESS the execution hereof on this 2Q7-1day of t 1907 .
KV aCtjLig:jellaSe
ennis A. Smith Betty L. Smit
STATE OF ARKANSAS
COUNTY OF WASHINGTON
ACKNOWLEDGMENT
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 Dennis A. Smith and Betty L. Smith, husband and wife, to me well known
as the persons who executed the foregoing document, and who 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 29)* day of
MY COMMISSION EXPIRES:
ZG a
UAt
1997.
Scale: 1" = 80'
Total Area = 47,967 SF
Fee Simple ROW = 23,686 SF
Remainder = 24,281 SF
Dennis A. Smith & Betty L Smith
Deed Ref 93-05466
-41
Existing Right of Way
(1,953 sq. ft.)
Right of Way
(21,733 sq ft.)
281 sq. ft. (0.557 ac)
NOTE: TRACTS HAVE BEEN ROTATED TO ARKANSAS STATE PLANE COORDINATES, NORTH ZoNNETH-998 DES
99068R57
firgecl NJ 96044
Sixth Street Right of Way
Part Parcel No. 765-02497-000
Tract No. 48
WARRANTY DEED
HUSBAND AND WIFE
(With Relinquishment of Curtesy and Dower)
BE IT KNOWN BY THESE PRESENTS:
FILED FOR RECORD
99 JUL 30 RFI 8 08
WASHINGTON CO AR
THAT WE, Dennis A. Smith and Betty L. Smith, husband and wife, K. HAMIESS
hereinafter called GRANTORS, for and in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, do hereby grant, bargain, sell and convey unto the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and
unto Grantee's successors and assigns, the following described land situated in the
County of Washington, State of Arkansas to -wit:
A part of Lot Eight (8) of Aumick's Addition to the City of Fayetteville, Washington County, Arkansas, being more
particularly described as follows: Commencing at the Southeast corner of said Lot 8; thence with the east line
of Lot 8, North 02° 27' 17" East 191.15 feet to the Point of Beginning; thence North 82° 09' 19" West 85.38 feet;
thence North 02° 27' 17" East 277.09 feet, more or less, to the existing South right of way line of State Highway
#16 (Huntsville Road); thence with said existing south right of way line, South 43° 47' 42" East 117.67 feet to
the east line of Lot 8; thence with said east line South 02° 27' 17" West 203.74 feet, to the Point of Beginning
and containing 20,436 square feet (0.469 acre), more or less
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, the system
which the City of Fayetteville presently uses. This bearing system may vary from the bearings used in previous
descriptions of this property.
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and
Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands
and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands
against all legal claims whatever.
And we, the respective Grantors, hereby release and relinquish unto the said Grantee our respective rights of
dower/curtesy and homestead in and to said lands.
WITNESS the execution hereof on this aday of
Dennis A. Smith
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF WASHINGTON
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 Dennis A. Smith and Betty L. Smith, husband and wife, to me well known
as the persons who executed the foregoing document, and who 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 2 day of
SS.
Mr COMMISSION EXPIRES:
..eSIOrae.mei
Notary Ruplic
•
99068658
1"=80'
Dennis A. Smith & Betty L. Smith
Total Area = 37,024 SF
Fee Simple ROW = 20,436 SF
Remainder = 16,588 SF
Deed Ref. 93-05466
imple Road ROW
(20,436 SF, 0.469 Acre)
NOTE: TRACTS HAVE BEEN ROTATED TO ARKANSAS STATE PLANE COORDINATES, NORTH zON�MTH-897 DES
99058859
se • 'Project No 96044
Sixth Street Right of Way
Part Parcel No. 765-02493000
Tract No. 3A
WARRANTY DEED
HUSBAND AND WIFE
(With Relinquishment of Curtesy and Dower)
BE IT KNOWN BY THESE PRESENTS:
THAT WE, Dennis A. Smith and Betty L. Smith, husband and wife,
hereinafter called GRANTORS, for and in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, do hereby grant, bargain, sell and convey unto the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and
unto Grantee's successors and assigns, the following described land situated in the
County of Washington, State of Arkansas, to -wit:
FILED FOR RECORD
9
JUL 30 API 8 08
wAsHrwcrora co AR
Fi;.
'crd�i$
A part of Lot Six (6) of Aumick's Addition to the City of Fayetteville, Washington County, Arkansas, being more
particularly described as follows: Commencing at the Southwest corner of said Lot 6; thence with the west line
of Lot 6, North 02° 27' 17" East 215.01 feet, to the point of beginning; thence continuing with said west line,
North 02° 27 17' East 151 89 feet; thence South 83° 30' 51" 75.19 feet; thence South 02° 27' 17" West 153.07
feet; thence North 82° 37' 04" West 75.28 feet, to the Point of Beginning and containing 11,436 square feet
(0.263 acre), more or less.
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, the system
which the City of Fayetteville presently uses. This bearing system may vary from the bearings used in previous
descriptions of this property.
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and
Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands
and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands
against all legal claims whatever.
And we, the respective Grantors, hereby release and relinquish unto the said Grantee our respective rights of
dower/courtesy and homestead in and to said lands.
WITNESS the execution hereof on this Gra day of
...e
Dennis A. Smith
c/Uy
1977 .
STATE OF ARKANSAS
COUNTY OF WASHINGTON
ACKNOWLEDGMENT
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, personalty appeared Dennis A. Smith and Betty L. Smith, husband and wife, to me well known
as the persons who executed the foregoing document, and who 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 /27: day of Citii/y 19 97 .
MY COMMISSION EXPIRES:
C -D/-2a29
yy,,Not cycPublic
•
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9906,8C60