HomeMy WebLinkAbout05-01 RESOLUTIONRESOLUTION NO. 5-01
A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE
CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND
ROSIE DORSEY, ROWIE HOWARD, WILLIAM BARKER AND
ALICE McCLELLAND FOR THE PURCHASE OF 18.88 ACRES
OF LAND OFF HUNTSVILLE ROAD IN THE AMOUNT OF
$151,000 PLUS ASSOCIATED CLOSING COSTS WHERE
APPLICABLE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby approves an Offer and Acceptance Contract
between the City of Fayetteville and Rosie Dorsey, Rowte Howard, William Barker and Alice
McClelland for the purchase of 18.88 acres of land off Huntsville Road in the amount of $151,000
plus associated closing costs where applicable. A copy of the contract is attached hereto marked
Exhibit "N' and made a part hereof.
PASSED AND APPROVED this 16th day of January , 2001.
APPROOnVED:
By: l,
a!(/0e) n�
ATTEST:
By:
a
Heather Woodruff, City
Charles D. Coody, Mayor
NAME OF FILE:
CROSS REFERENCE:
Date
Contents of File Initials
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RESOLUTION NO. 5-01
Oa
6E
.1t51
A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE
CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND
ROSIE DORSEY, ROWIF HOWARD, WILLIAM BARKER AND
ALICE McCLELLAND FOR THE PURCHASE OF 18.88 ACRES
OF LAND OFF HUNTSVILLE ROAD IN THE AMOUNT OF
$151,000 PLUS ASSOCIATED CLOSING COSTS WHERE
APPLICABLE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby approves an Offer and Acceptance Contract
between the City of Fayetteville and Rosie Dorsey, Rowie Howard, William Barker and Alice
McClelland for the purchase of 18.88 acres of land off Huntsville Road in the amount of $151,000
plus associated closing costs where applicable. A copy of the contract is attached hereto marked
Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 16th day of January , 2001.
ATTEST:
ByG/.l.%�
Heather Woodruff, City Cl
APPROVED:
,_ !)
By: LA arta-,
Charles D. Coody, Mayor
•
~ EXHIBIT A
OFFER AND ACCEPTANCE CONTRACT
1. The City of Fayetteville, Arkansas, a municipal corporationt, 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 DESCRIPTION
2. Purchase Price: Subject to the following conditions, the Buyer shall pay for the
property at closing, the total and cash payment of $151,000.
3. Contingent Earnest Money Deposit: The Buyer herewith tenders a check for
$7,550 to Gary Boyle of Lindsey & Associates, Inc., agent for Rosie Dorsey,
Rowie Howard, William E Barker, and Alice McClelland, as tenants in common,
each with an undivided 25% interest, hereinafter referred to as the Seller, as
earnest money, which shall apply on the purchase price. This offer to 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.
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 fumish a policy of title insurance in the amount of the purchase
price from a title insurance company as selected by the Buyer. Buyer and Seller
shall equally share in the cost of said title insurance policy.
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 rn
the satisfaction of the Buyer X
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 w
rental payments shall be prorated as of closing. �.
•
OFFER AND ACCEPTANCE CONTRACT
Page 2of5
8. The closing date is designated to be 30 days after approval of this offer to
purchase by the City Council of the City of Fayetteville, Arkansas. If such date
of closing falls on a weekend or holiday, it will be held the following working day.
9. Possession of the property shall be delivered to the Buyer on the date of closing.
10. 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.
11. All fixtures, improvements and attached equipment are included in the purchase
price.
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. eller shall d lose to Buy any and a environmenta - ards
h actual o -dge. Up - - cepta all condi • - d t-
an. • cce - ance, -uyer - e eq
eo
hall sh
onmental h
or dete •
,a
testm• •r the exi
envir• -ntal haz
Sel is e sense.
s h envir
ssociated
•
or
1
nd S
ce of en
be kn
the
er
ternati
and Sell
ns
Ily the
ds. Sho
d, S
dis
:uye
shall in
•
•
is of
the exist
cure
yer
hich Sell
this O er
an all
ce of
at
re
elle' sha
• etion,
mfy Buyer
a
•
•1
uc
may
all cos
ntal haz-
said cure. SEE ATTACHED GENERAL ADDENDUM #4TBOY-1LSISV-OOW01
E
•
14. This agreement shall be governed by the laws of the State of Arkansas.
15. This agreement, when executed by both the Buyer and the Seller shall contain icy %9'
the entire understanding and agreement of the parties with respect to the
matters referred to herein and shall supersede all price or contemporaneous Jeji
agreements, representations and understanding with respect to such matters,4f[
and no oral representations or statements shall be considered a part hereof. 'I
16. This contract expires, if not accepted on or before the 15th day of January, 2001.
17. 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 $7,550 EARNEST
MONEY DEPOSIT.
M a
OFFER AND ACCEPTANCE CONTRACT
Page 3 of 5
SELLER:
Rosie Dorsey
%'r uni ga-mgt
Rowie Howard
Welham E. Barker
Alice McClelland
AGENT OR WITNESS:
Boyl � a-61-7
Lindsey Associates, Inc.
� Y
BUYER:
City of Fayetteville, Arkansas,
a municipal corporation
Fred Hanna, Mayor
tatedel
eather Woodruff, City Cleric'
Willie Dorsey
Elmer Howard
DATE: /a a m O
Date: / •2 p ••400
Date: niPka
Date: 0/oak.
OFFER AND ACCEPTANCE CONTRACT
Page 4 of 5
EXHIBIT "A"
PROPERTY DESCRIPTION
EXHIBIT A
Beginning at a point thirty (30) feet South of the Northwest corner of the East -
half (E%) of the Northeast Quarter (NE%) of Section Twenty-two (22), Township
Sixteen (16) North of Range Thirty (30) West of the 5th P.M., thence East 165
feet; thence South 04° 00' 00" East 268 feet; thence East 60 feet; thence South
04° 00' 00" East 65 feet; thence South 12° 35' 00" East 255 feet; thence South
85° 20' 00" East 221 feet; thence South 01° 37' 49" West (Deed says South) -
1301 feet to the centerline of the old (and abandoned) P. & G E Railroad right
of way; thence North 85° 58' West along said centerline (Deed says West) -
525.37 feet (Deed says 519 feet), more or less, to the West line of said 80 acre
tract; thence North 01° 08' 20" East (Deed says North) - 1863 feet to the Point
of Beginning and containing 18.88 acres, more or Tess.
SIGNED FOR IDENTIFICATION:
SELLER:
Ar
£foie,gente2eller'
BUYER.
The City of Fayetteville, Arkansas,
a municipal corporation
BY:
tnna, Mayor
R f
OFFER AND ACCEPTANCE CONTRACT
Page 5 of 5
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 Rosie Dorsey and Willie
Dorsey, wife and husband, Rowie Howard and Eimer Howard, wife and husband, William E. Barker and
Judy Barker, husband and wife, and Alice McClelland, a single person, to me well known as the
Grantors of the foregoing instrument, and who stated and acknowledged that they had executed the
same for the consideration and purposes therein mentioned and set
forth.
WITNESS my hand and seal on this day of fefn her 2000.
MY COMMISSION EXPIRES:
*3A 3
OFFICIAL SEAL
NOTARY PUBLIC 1.
Masl�ir;
tbwi
Copyright
Addendum
Lindsey & Associates, Inc.
'Me Bring Great 2000
Neighbors Together' Arkansas
"FM0 RAEALLTORS '
REALTOR®
Page 1
of
2
(Rev. 6100) iation
Form
Regarding
Serial
Number:
4TBOY-1LSISV-0OW01
the Real Estate Contract (Form Serial Number
CITY OF
FAYETTEVILLE
) dated (month) DECEMBER
(day)
12
(year) 2000
between the Buyer,
CITY
OF
FAYETTEVILLE
ARKANSAS
and the Seller,
ROSIE
DORSEY,ROWIE
HOWARD,WM
E BARKER
ALICE
MCCLELLAND
covering
the real property
known
as
1033
HUNTSVILLE,
FAYETTEVILLE
AR.
(the
'Property), the
Undersigned
Buyer
and
Seller
agree
that:
RE.
PARAGRAPH
13:
SELLER
HEREBY
REPRESENTS
TO
BUYER
THAT
TO
THE
BEST
OF
SELLER'S
KNOWLEDGE:
A.
THE
PROPERTY
IS
NOT
THE
SUBJECT
OF
ANY
JUDICIAL
OR
ADMINISTRATIVE
NOTICE
OR
ACTION
RELATING
TO
HAZARDOUS
WASTE
OR
ENVIRONMENTAL
CONTAMINATION.
B.
SELLER
HAS
RECEIVED
NO
NOTICE
OF
ANY
CLAIM
OR
VIOLATION
OF
ANY
LAW
OR
REGULATION
HAVING
TO
DO
WITH
ENVIRONMENTAL
PROTECTION
C.
NO
HAZARDOUS
OR
TOXIC
SUBSTANCES
HAVE
BEEN
STORED,
PROCESSED.
OR
DISPOSED
OF
ON
THE
PROPERTY
DURING
THE
PERIOD
THAT
SELLER
HAS OWNED
THE
PROPERTY
D.
NO
UNDERGROUND
STORAGE
TANKS
ARE
LOCATED
ON
THE
PROPERTY(
OTHER
THAN
A
HOUSEHOLD
SEPTIC
TANK).
(a).
BUYER
TO
PAY
FOR ANY
ENVIRONMENTAL
HAZARDS
TESTING
//er
(b).
S
41111111PHAS
NO
OBLIGATION
TO
CURE
ANY
ENVIRONMENTAL
HAZARDS
TO
BE
i'
DISCOVERED
7q
(Continued on Page 2 at 2)
tbwi
General Addendum
Page 2 of 2 (Rev. 6100)
Lindsey & Associates, Inc.
We Bring Great
Neighbors Together"
REALTOR
Copyright
2000
Arkansas
REALTORS®
Association
This General Addendum, upon its execution by both parties, incorporates by
above -referenced Real Estate Contract not expressly modified herein.
reference
all provisions of the
THIS;IS A LEGALLY BINDING REAL ESTATE CONTRACT WHEN SIGNED BY -THE PARTIES BELOW.s -READ R CAREFULLY. • IF YOU.DO NOT.
UNDERSTAND,THE,EFFECT OF ANY PART, CONSULT YOUR ATTORNEY BEFORE SIGNING REAL ESTATE, AGENTS CANNOT GIVE YOU,
LEGAL ADVICE. THE PARTIES SIGNED BELOW WAIVETHEIR RIGHT TO HAVEAN ATTORNEY DRAFT.THIS FORM. • ;'•.
THIS FORM IS PRODUCED AND COPYRIGHTED BY. THE ARKANSAS REALTORS ASSOCIATION. THE SERIAL' NUMBER BELOW:IS A UNIQUE,
•NUMBER -NOT USED'ON ANY OTHER FORM :THE SERIAL NUMBER"BELOW SHOULD. BEAN ORIGINAL PRINTING, MT( MACHINE COPIED;
OTHERWISE.THE FORM MAY, HAVE BEEN ALTERED. DO NOTSION THIS FORM IF IT IS DEING EXECUTED PAST DECEMBER•31;2000
- FORM SERIAL NUMBER. 4TBOY=ILSISV-00W01
The above addendum is executed on
(month) DECEMBER (day) a if (year) 2000 at c5.700 (am)
LINDSEY AND ASSOCIATES
iffl
The above addendum is executed on
Supervising Broker
(month) DECEMBER (day) (year) 2000
LINDSEY AND ASSOCIATES
at . tOD
Cr( Y4T-v'Ot lwp.n dor es rho
Buyer ym A et m,` 1 0
Buyer I-1 EN TA-) Get✓
(am)(Ia• /'wt'°"`� SA (/
Supervising Broker
ROSIE DORSEY.ROWIE HOWARD,
Print Seller's Name
1444 aeker, Wide ele
N%/4,
(THIS SPACE LEFT INTENTIONALLY BLANK)
,LC cr
auran4
&'L/.,..t$5-`ate-ancz
7 L)
5Caie: I "= 300 ft.
M
Charles T. Combs
15.0 Acres
470.25
S88°49'17:
302.67
5 properties
1
a
zz
F
70
Ccdagwint Subdnision
S8P2r45•r:
Soulheunl Ap:unucnls
- N82°34.24"
254.53
524
588°49'5
15t11 Street
American Leiyon
)0:4411V
797
Shenandoah
Mobile hone Pk.
792
S88'_22'li
o
0 al
0
NE comer
22-16-30
SE corner
NH -22-10-3i
co()
FEB- 5-01 MON 10:16 BRO1111,ORTN FAX NO. 57594110 P.O1
BRONSON
THE ONLY NAME YOU NEED TO KNOW IN TEB3 LOAN CLOSING AND
TITLE INSURANCE BUSINESS
DELIVER TO:
BRONSON ABSTRACT CO., INC.
3810 MONT STREET, SUITE 5
FAYETTEVILLE, AP.. 72703
thilneti
DATE: Z-) 5/ZOO/
REFBRBNCE.
FAX NUMBER:
6'y5'6Zo'�
SENT BY: iati tb"r
Phone (501)442-2700
Fax (501)442-8475
Number of pages in this transmission:
REMARKS:
•
The information contained in this facsimile message is client privileged and confidential information intended only
for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or
the employee or agent responsible to deliver to the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly prohibited. If you have received this
communication in error, please notify Bronson Abstract Co., inc., immediately by telephone or return the original
message to us via the U.S. Postal Service. Thank you.
FEB- 5-01 NON 10:16 MON NORTH
HOUSING AND URBAN
FAX NO. 5759612 go P.02
N 25024206
A. SETTLEMENT STATEMENT
B. TYPE OF LOAN
1. QFHA 2. 0 FMHA 3.0 CONV.UNINS.
4. OVA S. QCONV.INS.
5. r4. Nwnet
FATIC 01-11881
7. Lean Number
e. Mendgo Inovnce ase Number
C. NINE This !arm Ie *s,Yfnod to CM you snV:mml N newel e•ONmem welt Amounts pot io and by 61e nrJemcm arum ere Mows runnel marked "4.041" wwe Pe*3
mtdde me dosing: may ore shown nae M noliuntl nal IncludedgIn Ne UNA
D. NAME AND ADDRESS DF eo6PAwER
CITY OF FAYETTEVILLE, ARKANSAS
113 W. MOUNTAIN STREET,
FAYETTEVILLE,AR 72701
W
ALICE
lm.V1.
MCCLELLAND,
pouromeeEt�ltdprere
E BAHAE
R, OSIE DORSEY
ROWIE HOWARD
AND ADO SS OF LENR
LENDER
,F.
G. PROPERTY LOCATION
1033 HUNTSVILLE RD.,
N. SEDIMENT AGENT
BRONSON ABSTRACT CO INC
FAYETTEVILLE ARKANSAS 72701
ova a SETTLEMENT
3810 FRONT STREET. SUITE 5
I. 541 rLEMENT DATE
2-8-01
FAYETTEVILLE, ARKANSAS 72703
nLS6U0.3EMEHT DATE
2-8-01
J. SUMMARY OF BORROWER'S TRANSACTION
K SUMMARY OF SELLERS TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER
400. GROSS AMOUNT DUE TO SELLER
m1. Cones. IBMs price
151,000.00
401. Canna Kim POO
151,000,00
102 Po lel Ph try
402. Person& aaoiny
103. Senaman ct na to bo,.ow+ pin 14011)
131:00-1
403.
104.
. 4J2-tCo
404.
105.
405.
ADJUSTMENTS FOR ITEMS PAID BY SELLER
IN ADVANCE
ADJUSTMENTS FOR ITEMS PAID BY SCLIER IN ADVANCE
104 0y/Tow, tame to
401. CArfIe+n reeve rd
107. Courcy In to
407. Co My Yen to
101. Alttoeln.ms to
405. Anton ma to
1W.
409.
110.
410.
111.
411.
112.
412.
120. GROSS AMOUNT DUE FROM BORROWER
IS/y 411. re
151,131.00
420. CROSS AMOUNT DUE TO SELLER
151,000.00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER
500. REDUCTIONS IN AMOUNT DUE TO SELLER
201. Dwaon or mrnca mu„ey
7,550.00
60I. Encm Doubt (500 kcm,dlnon)
20Y. 111ntIpY imam 01 roe !oat)
502. strut ant Our to Mcr (Y,r 14011
-10,414375-
10.4 1'7.7..2N.
203.Gln IND(3) YMcn su01TU 10
501 GNono IOM(F) taken melon 10
2d. Ap lcttcn dewtl
41L. PAYOO Of bst mengege bN
205. owed Cul mortar
503. PAyoa ell n.w,d Dort .ge Inn
zro.
xa
o7.
507.
46.
.
30'0.
509.
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER
210. CltyRu.m leen to
510. C' /Town tan to
2-8-01
34.87
511. cony Wade 1-1-01 n&2-8-01
34.87
211. Coo ta'm 1.1 -01 to
212. New nmtl to
512. Asseamtde to
213.
513.
214.
514.
215.
513.
211.
515.
217.
517.
240.
511.
ala.
319.
220. TOTAL PUD aV/TLR eta toweJI
7,584.87
S26 TOIAL PEOUC11a1 AMOUNT nue Mtn
9tn.ty
r10i49r8E-
300. CASH Al" SETTLEMENT FROM OR TO BORROWER
600. CASH AT SETTLEMENT TO OR FROM SEL
ER
ml. aro,, @NMnl an from nwrovar (Int 1201
.151743;aa
464,13-1.00
601. GNI amount duo w trier Noe 420)
151,000.00
m. Lies emu= Dad nyMl bn„u.w el n• nOI
( 7,584.87)
602. Lee 14mww .moot a .ear 191• sec)
( 40,149S3- ))
qp (�
7y ;q 73
603. CASH ®TO 0 FROM SELLER
/21.44451414/
303. CASH RI FROM 0 TO BORROWER
Z d t lel Dent 61 ml
I have canlNlly reviewed the HUD -1 Settlement Stmemenl end LO Lha bat p my knowledge Ntl bilin, R m e IMe an ecoula s e
redipts and disbursements made on my account or by me in thla 1Tensacbon. I further cerlty that I have received a copy m the HUD -t SMCI°.
ment SUtement.
CITY OF FAY LLELLE. AR!RSP8
WILLIAM E. BARKER, ROSIIFypORSEY,
AUCj MCCLFI.LAND. ROWIE HOWAS.0
Ben
ro the bat beat of my knowledge. the HUDI bynont Statement which I haveo w
prepared Ise true and acnlo account of the funds which was
received and have bowl or will be disbursed
by Ih9 undersigned as part el thla transaaon.
risetram
WARNIN(4.3 1114 4 WIMP CO wmwndy mote 44. el.ammY to ma Untied Mon on this or any ONw 4LnW barn. Penne: Imm, crew COO C]n IMbde o Non rd
IMOINOnn124. Fr details au: TAM ID U. 5. Code Cotton 1011 and 54td0n 1010.
F2566.LN EraN3/Ot) iv P(7411ii(1Afa1)
11001
9P/74C-
11051
p/745
HUD -1 (0747) RESPA. NS 43052
,SETT
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57»
•
THE
REAL ESTATE
CONSULANTS
•REALTORS • APPRAISERS • CONSULTANTS•
November 20, 2000
Mr. Ed Connell
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
RE• Appraisal Services
Dear Mr. Connell:
Barker Property
1033 E. Huntsville Rd , Fayetteville, AR
Appx. 18.61 Acres
118 N. East Ave.
P.O. Box 726
Fayetteville. AR 72702
Phone (501) 442-0762
In compliance with your request, and for the purpose of estimating the Market Value of the above
captioned property, I hereby certify that I have personally inspected the property and made a survey of
matters pertinent to the estimation of its value. The intended use of this appraisal is for purchase
evaluation purposes of the City of Fayetteville.
I further certify that I have no interest, present or contemplated, in the property under appraisement,
and that the tee was not contingent upon the value estimate reported, nor based upon a percentage of
the appraised value.
The following narrative appraisal report contains the data gathered in the investigation, and shows the
method ot'appraisal in detail. The report has been prepared in conformity with the Uniform Standards
of Professional Appraisal Practice as promulgated by the Appraisal Foundation This is considered a
Complete Summary appraisal report.
Based upon the inspection of the subject property and the investigation and analysis carried out in this
report, it is the considered opinion of the appraiser that the Market Value of the property as of
October 17, 2000 and subject to the assumptions and limiting conditions set forth within the body of
this report, is as tbllows:
ONE HUNDRED FIFTY EIGHT THOUSAND DOLLARS
($158,000)
tto S tted,
S
n,.
e Certified General Appraiser #CG0202 3 tf:: r: :.D ':,'$;
a* i GENE::'_ 1 *
a 1 _
% % I\!. r.,..•... ... izi
'J. ' L......
4. 40":•••-........... .,-'. -
tc,
'ry7771111' 11C\ "
jOhitnin7
fire
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
DATE: January 5, 2001
TO: Fayetteville City Council
THRU: Dan Coody, Mayor � l
John McGu , Administrati%e' S�vi es Drecto Th ,
Don Bunn, 's Public Works Director
Jim Beavers, City Engineer Q
FROM: Ed Connell, Land AgentJ,G -
RE: 18.88 Acre Barker Property Purchase
Huntsville Road, Fayetteville
Pt. E1/4 -NW'% -22-16-30
Over the past two -three years, the city has undertaken a major drainage project for controlling storm water
from the SE side of Mt. Sequoyah, between Huntsville Road and 15ih Street. The project included
drainage resolution across portions of properties owned by William H. Barker (his heirs at the current
time) and Charles Combs. The initial project envisioned open ditch over the northern portion of the
project and pipe along the southern portion. Anticipated cost of the initial project was approximately
$180,000 to $200,000.
While Mr. Combs was willing and did provide the city with easements to construct the system along his
property, the heirs of William H. Barker were not satisfied with the plans to pull open ditch along a major
portion of their property. They further claimed that the city's approval of a subdivision development to the
east discharged additional waters on their property which caused irreparable damages in the southern part
of that property. They claim that they were never notified, until after the fact, that a subdivision (Cedar
Point S/D) was being considered adjacent to their property. They further claim that had they known of the
development, they would have made their presence known to ensure adequate and proper handling of
storm drainage. They blame the city for their property damage and have, on occasion, threatened to file
suit. Their solution was to run pipe 36"- 48" all the way north to the outlet pipe of the subdivision. It is
estimated that to do the project as they desired would cost an additional $200,000.
This project made little or no progress over the next year as the city was unwilling to commit to the
additional expenditure and the Barker heirs were unwilling to provide the city with easements. When Mr.
Barker passed in 1999, the heirs decided to sell the property (18.88 acres). An offer and acceptance was
signed with a third party for $151,000 or $8,000/ acre. When this transaction did not materialize to a final
stage, the property came back on the market. As noted from the above discussion, the additional cost of
the drainage project exceeded the cost of the land and it was prudent that the city consider the purchase
thereof.
Jim
Fayetteville City Council
Barker Property Purchase
Agenda Memo
Page 2 of 2
The city can purchase the almost 19 acres for Tess money than would be spent to install the piping along the
east line of this property. By purchasing the property , the city can implement the open ditch system that
the city engineers believe adequate for this drainage system now or in the future and at the same time
eliminate the possibility of a law suit. If the property is sold to a third party, that party is going to expect
the drainage situation to be resolved by the city dust as if the Barker heirs still own same. The city has
offered $151,000 for the property and the owners have accepted this offer (see attached 0 & A contract).
The city has had the property appraised by Mark Risk: $158,000 was his estimated market value. This
represents almost 19 acres of reasonable to good land within the city limits, with water and sewer available,
for a value of less than $10,000 per acre, which is a good deal for almost anything within the city limits.
If the city were to acquire the land;
(1) The city could eliminate the need to spend about $200,000 or %] the cost of the drainage
project.
(2) The drainage project itself could be forestalled to some future date when city departments
could be in a position to do the work itself at a much lower cost to the city.
(3) Once the project is completed, there would be a considerable savings in the cost of the
project and the city would have 19 acres of pnme land for any and all kinds of purposes,
i.e., 1. Future park land for soccer or ball fields.
2. Land for growing trees,
3. Lands for affordable residential development on the north side of said
property (Habitat for Humanity).
4. Lands for future city divisions locations,
or
5. The city could sell the land within a couple of years and recover a portion or
all of the cost of the drainage project.
(4). This property is zoned R-1 residential and has access to/from Huntsville Road. Parks &
Recreation have considered the possible purchase of the American Legion baseball field off
of Curtis Ave. This 5 acre tract, while being used for baseball purposes, could also provide
an access route to the south part of the subject property. This other acquisition can be
incorporated as required and/or finances are available.
It is the recommendation of the staff that it makes sense for the city to take advantage and acquire the
subject property at this time.
•
1111 41111
STAFF REVIEW FORM
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of January 16, 2001
FROM:
Ed Connell�f Engineering Public Works
Flame TStvtclnn I )epartment
ACTION REQUIRED: The passage of a resolution approving the Offer and Acceptance Contract between the City
of Fayetteville and Rosie Dorsey, Rowie Howard, William E. Barker and Alice McClelland, as tenants in common
for the purchase of 18.88 acres of land in the EVA -NE -22-16-30 for a price of $151,000 plus associated closing costs
where applicable.
COST TO CITY:
151 000
cost of this Request
4470 -9470 -580G. -a)
Account Number
970384-1
rNect um her
BUDGET 't.,VIEW:
gt
Lategor}l/tblect Budget
$ : o—
1 unds Used 'Co Date
62,
em� El
XBudgeted Item
ante
Shenandoah Drainage
Category/Project Name
Program Name
Sales Tax CIP
Iunf
Budget Adjustment Attached
inntnr
dm inImitative Servteec r),rertnr
CONTRACT/GRANT/LEASE REVIEW:
�ol
ate
S °/
ate
I
to
GRANTING AGENCY:
1 5 o r
e a uditor ate
ADA Coordinator
Date
STAFF RECOMM ENDATION:Staffrecommends approval ofthe contract and purchase ofthe property for multiple reasons including
economic implementation ofthe drainage project, potential lands for parks & recreation, city facilities or eventual residential development
e: O
ate
ate
thilde
Cross Reference
New Item: Yes X No
Prev Ord/Res #:
Orig Contract Date:
3 M
•
so a
STAFF REVIEW FORM
Page 2
Description Barker Property (18,88 acres) purchase Meeting Date January 16, 2001
Comments:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Reference Comments:
•
IlliTAFF REVIEW FORM
X AGENDA REQUEST
_ CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of January 16, 2001
FROM:
LAND PURCHASE
A. 3 Page 1
Ed Connell Engineering Public Works
Name n 1)epartment
ACTION REQUIRED: The passage of a resolution approving the Offer and Acceptance Contract between the City
of Fayetteville and Rosie Dorsey, Rowie Howard, William E. Barker and Alice McClelland, as tenants in common
for the purchase of 18 88 acres of land in the E'/rNE-22-16-30 for a price of $151,000 plus associated closing costs
where applicable.
COST TO CITY:
151000
Cost of this Request
4470-9470-580 6450
Account Number
970e38 nm er0
fU
BUDGET '.•VIEW:
r /S
$$t
Catego oject Budget
o-
I•unds Used To Date
1
new
tnntnr
g
gore
Shenandoah Drainage
Category/Project Name
Program Name
Sales Tax CIP
a
•
X Budgeted Item _ Budget Adjustment Attached
— fnuntftrnt we Sennwnn 111rslnr
CONTRACT/GRANT/LEASE REVIEW:
1/541/
ate
GRANTING AGENCY:
i of
u nor ate
ADA Coordinator Date
STAFF RECOMMENDATION:Staffrecommends approval ofthe contract and purchase ofthe property for multiple reasons including
economic implementation ofthe drainage project, potential lands for parks & recreation, city facilities or eventual residential development
OI D
ate
Az4i(th
Cross Reference
New Item: Yes i No
Prev Ord/Res #:
Orig Contract Date:
FAYETTEVTILE
THE CITY OF FAYETTEVIIIE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Ed Connell, Engineering
From: Heather Woodruff, City Clerk
Date: January 23, 2001
Attached is a copy of the resolution approving the offer and acceptance contract betwee the city
of Fayetteville and Rosie Dorsey for the purchase of property off Huntsville Road. The original
will be microfilmed and filed with the City Clerk.
cc: Nancy Smith, Internal Audit