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HomeMy WebLinkAbout06-03 RESOLUTIONRESOLUTION NO, 06-03 A RESOLUTION APPROVING THE CITY OF FAYETTEVILLE'S OFFER TO PURCHASE THREE (3) PARCELS OF LAND TOTALING 21.35 ACRES MORE OR LESS, LOCATED IN THE AREA OF INTERSTATE HIGHWAY 540 AND RAZORBACK ROAD IN THE AMOUNT OF TWO HUNDRED NINETY-FOUR THOUSAND FIVE HUNDRED DOLLARS ($294,500.00) AS PARTIAL SATISFACTION OF THE TERMS OF THE SETTLEMENT AGREEMENT REACHED IN SERAFINI ET AL v. CITY OF FAYETTEVILLE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the City of Fayetteville's offer to purchase three (3) parcels of land totaling 21.35 acres more or less, located in the area of Interstate Highway 540 and Razorback Road for the amount of Two Hundred Ninety -Four Thousand Five Hundred Dollars ($294,500.00) as partial satisfaction of the terms of the Settlement Agreement reached in Serafini et al v. City of Fayetteville. Copies of the Offer and Acceptance contracts are attached hereto marked Exhibit "A" and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor and the City Clerk to execute all documents necessary to complete these purchases. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby declares that said lands shall be preserved in their natural state in perpetuity for the benefit of the citizens of the City of Fayetteville. PASSED AND APPROVED this 7th day of January, 2003. APPROV By ATTEST. By: ATHER WOODRUFF, C2ity Clerk DAN COODY, May 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 DESCRIPTION 2. Purchase Price: Subject to the following conditions, the Buyer shall pay for the property at closing, the total and cash payment of $64.500. 3. Adjacent Parcel Contingency: Buyer asserts and Seller hereby acknowledges that this offer is expressly contingent upon the acceptance of the separate offers made this date for the purchase of two (2) adjacent parcels given Washington County Tax Parcel ID Number 765-15415-000 and Number 765-15422-000, and that the rejection of either of the above -referenced offers shall render this offer null and void. 4. Contingent Eamest Money Deposit: The Buyer will tender a check for $1.290.00 to J. O. Richardson Trustee of the James A Richardson Trust, 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 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. A Vendor Form is attached hereto on which the Seller must provide to the Buyer a Tax Identification Number (Corporation) or Social Security Number so that the earnest money check can be written and mailed to the Seller within two weeks of the Seller's acceptance of this contract. 5. 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 6. The Seller shall furnish a policy of title insurance in the amount of the purchase price from a title insurance company as selected by the Buyer. The cost of such title insurance policy shall be equally shared by Seller and Buyer. 7. 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. 8. 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 5 9. The closing date is to be within thirty (30 ) days after approval of this contract by __the Fayetteville City Council. If the last date of such closing falls on a weekend or holiday, it will be held the following working day. The closing agent will be a mutually agreed upon closing firm in Washington County. 10. Possession of the property shall be delivered to the Buyer on the date of closing. 11. 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. 12. All fixtures, improvements and attached equipment are included in the purchase price. 13. 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. 14. Seller shall disclose to Buyer any and all environmental hazards of which Seller has actual knowledge. Upon acceptance of all conditions and terms of this Offer and Acceptance, Buyer and Seller shall share equally the costs of any and all testing for the existence of environmental hazards. Should the existence of environmental hazards be known or determined, Seller shall cure such, at Seller's expense, or in the alternative, at Buyer's discretion, Buyer may cure such environmental hazard, and Seller shall indemnify Buyer for all costs associated with said cure. 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 by the Seller on or before the 27th day of November 2002. 18. 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 $1,290.00 EARNEST MONEY DEPOSIT. • • • OFFER AND ACCEPTANCE CONTRACT -- Page 3 of 5 SELLER: ?-0'%U Date: 1 l 141 rdson, Trustee of the James A. Richardson, Trust u/t/d May 1, 1998 AGENT OR WITNESS: BUYER: City of Fayetteville, Arkansas, a municipal corporation Dan oody, Mayor • City Clerk •�V.` j f�: Date: Date: /(f4-./ 0L Date: /0 -3O- (SEAL) • • • OFFER AND ACCEPTANCE CONTRACT Page 4 of 5 EXHIBIT "A" PROPERTY DESCRIPTION A part of the Northeast Quarter (NE%) of the Northwest Quarter (NW%) of Section 29 in Township 16 North of Range 30 West, described as follows, to - wit: Beginning at a point 1155.00 feet South of the NE corner of said 40 acre tract, thence South 165.0 feet, thence West 396 0 feet, thence North 330.0 feet, thence N 74 degrees 28'30" East 155.68 feet, thence South 206.67 feet, thence East 246 00 feet to the point of beginning, containing 2.1399 acres, more or less, except 15 feet off the South side thereof for road purposes and. subject to Cato Springs Road on the East. ALSO LESS & EXCEPT* Part of the Northeast Quarter (NW%) of the Northwest Quarter (NW%) of Section 29, in Township 16 North of Range 30 West in Washington County, Arkansas, more particularly described as follows: Starting at the Northeast corner of the Northeast Quarter (NE%) of the Northwest Quarter (NW%) of Section 29, thence South 02 degrees 31'05" West along the East line thereof a distance of 1142.30 feet to a point on the Northwesterly proposed right of line of State Highway 265 for the point of beginning; thence continue South 02 degrees 31'05" West along the East line of the Northeast Quarter (NE%) of the Northwest Quarter (NW%) of Section 29 a distance of 29.88 feet to a point on the Northwesterly existing right of way line of State Highway 265; thence in a Southwesterly direction along said existing right of way line on a curve to the left having a radius of 527.62 feet a distance of 77.41 feet to a point of the Westerly proposed right of way line of State Highway 265; thence North 18 degrees 18'14" East along said proposed right of way line a distance of 80.57 feet to a point, thence North 23 degrees 32'05" East along said proposed right of way line a distance of 24.93 feet to the point of beginning and containing 0.01 acre, more or less. SIGNED FOR IDENTIFICATION: SELLER: J/ •. Ric don, Trustee�Fte James A. Richardson Trust u/Ud May 1, 1998 BUY'`: Dan oody, ayor • • • OFFER AND ACCEPTANCE CONTRACT Page 5 of 5 ACKNOWLEDGMENT STATE OF ARKANSAS ) gtn+o.. ) ss. COUNTY OF WA€HINGTON ) 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 J. O. Richardson, Trustee of the James A. Richardson Trust. ulUd May 1. 1998 to me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that he had so signed, executed and delivered said instrument forthe consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this LW& day of HOLLY F. JONES NOTARY PUBLIC, STATE OF ARKANSAS MY CONAAISStdN i,.= ARES O5-01-2008 BENTON COUNTY MY COMMISSION EXPIRES: 61 I lagE ►Jirnmh(✓ 2002. Notary toublic STATE OF ARKANSAS BENTCvJ COUNTY OF WASHINGTON ACKNOWLEDGMENT ) ) ) SS. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and a;tin Nota Public Psublic within and for said County and State, personally appeared Dan Coody and r61i� ruff, to me well known as the persons who exec ted the foregoing document, and who stated and acknowledged that they are the Mayor andi yelerk 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 WU% day of CO -Car 2002. MY COMMISSION EXPIRES: -5)110R HOLLY F. JONES NOTARY PUBLIC, STATE OF ARKANSAS MY COMMISSION EXPIRES 05-01-2008 BENTON COUNTY ,VD0 D Jou 1b otary P blic • • 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 DESCRIPTION 2. Purchase Price: Subject to the following conditions, the Buyer shall pay for the property at closing, the total and cash payment of $200,000. 3. Adjacent Parcel Contingency: Buyer asserts and Seller hereby acknowledges that this offer is expressly contingent upon the acceptance of the separate offers made this date for the purchase of two (2) adjacent parcels give Washington County Tax Parcel ID Number 765-15417-000 and Number 765-15422-000 and that the rejection of either of the above -referenced offers shall render this offer null and void. 4. Contingent Earnest Money Deposit: The Buyer will tender a check for $4.000.00 to Mary I. Heflin, Surviving Spouse of Walter L. Heflin 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. A Vendor Form is attached hereto on which the Seller must provide to the Buyer a Tax Identification Number (Corporation) or Social Security Number so that the earnest money check can be written and mailed to the Seller within two weeks of the Seller's acceptance of this contract. 5. 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 nghts owned by the Seller 6. The Seller shall furnish a policy of title insurance in the amount of the purchase price from a title insurance company as selected by the Buyer The cost of such title insurance policy shall be equally shared by the Seller and the Buyer. 7. 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. 8. 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 2of5 9. The closing date is to be within thirty ( 30 ) days after approval of this contract by Fayetteville City Council. If the last date of such closing falls on a weekend or holiday, it will be held the following working day. The closing agent will be a mutually agreed upon closing firm within Washington County. 10. Possession of the property shall be delivered to the Buyer on the date of closing. 11. 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. 12. All fixtures, improvements and attached equipment are included in the purchase price. 13. 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. 14. Seller shall disclose to Buyer any and all environmental hazards of which Seller has actual knowledge. Upon acceptance of all conditions and terms of this Offer and Acceptance, Buyer and Seller shall share equally the costs of any and all testing for the existence of environmental hazards. Should the existence of environmental hazards be known or determined, Seller shall cure such, at Seller's expense, or in the alternative, at Buyer's discretion, Buyer may cure such environmental hazard, and Seller shall indemnify Buyer for all costs associated with said cure. 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 by the Seller on or before the 27th day of November 2002. 18. 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 $4,000.00 EARNEST MONEY DEPOSIT. toe • • • OFFER AND ACCEPTANCE CONTRACT Page 3 of 5 SELLER: WinHefl(. MaryI. l AGENT OR WITNESS: 4.&„,°7 a• lr.cc cc_ Date: 1/- /- o Date: 1/ - / - 07-1'G2_ B OFFICIAL SEAL DAVID A. SCI-AEFER NOTARY PUBUC-ARKANSAS yER. MADISON COUNTY WY COMMISSION EXPIRES 01.19.2000 Cty of Fayetteville, Arkansas, a municipal corporation -.101 Date: //1,Zy!7d7 Date: /19 ;3D O (SEAL) OFFER AND ACCEPTANCE CONTRACT Page 4 of 5 EXHIBIT "A" . PROPERTY DESCRIPTION A part of the Northeast Quarter of the Northwest Quarter of Section Twenty-nine (29) in Township Sixteen (16) North of Range Thirty (30) West, described as follows: Beginning at the Northeast corner of said forty acre tract, and running thence West forty (40) rods; thence South Eighty (80) rods to the South line of said forty acre tract; thence East Sixteen (16) rods; thence North Twenty (20) rods; thence Northeast to a point on the East line of said forty acre tract, which is Fifty-three and one third (53 1/3) rods South of the beginning point; thence North to the beginning point, containing sixteen and one-half (16'%) acres, more or less SIGNED FOR IDENTIFICATION: SELLER: J Mary I. Heflin BUYER. Dan oody, Mayor OFFICIAL SEAL DAVID A. SCHAEFER NOTARY PUBLIC -ARKANSAS MADISON COUNTY • • ---OFFER AND ACCEPTANCE CONTRACT Page 5 of 5 ACKNOWLEDGMENT STATE OF ARKANSAS ) ss. COUNTY OF ) 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 Mary I. Heflin, Surviving Spouse of Wafter L. Heflin, to me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that she 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: /-/9 • woo, day of )Zazi6-0,, 6sc2 , 2002. /{X Lc( cq( Q. Notary Public ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON ) ss. MY WMMIbbIUN t1.Yli1t ' . 1..9eNJUp BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and a gin Not gclublic within and for said County and State, personally appeared Dan Coody and ssH, to me well known as the persons who eviii,gbittivpthe foregoing document, and who stated and acknowledged that they are the Mayor and City tferk 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 501-k day of Ogebar 2002. s I 9 cb-u.zn MY COMMISSION EXPIRES: r2, 1 RODS HOLLY F. JONES NOTARY PUSUC, STATE OF ARKANSAS MY CO%*A SSION EXPIRES 1:15-01-2008 BENTON COUNTY Notary Public • • • 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 DESCRIPTION 2. Purchase Price: Subject to the following conditions, the Buyer shall pay for the property at closing, the total and cash payment of $30.000. 3. Adjacent Parcel Contingency: Buyer asserts and Seller hereby acknowledges that this offer is expressly contingent upon the acceptance of the separate offers made this date for the purchase of two (2) adjacent parcels given Washington County Tax Parcel ID Number 765-15415-000 and Number 765-15417-000 and that the rejection of either of the above -referenced offers shall render this offer null and void. 4. Contingent Eamest Money Deposit: The Buyer will tender two checks of $300.00 each and totaling $600.00 to Alice G. Brandon and Hiram Brandon Family Trust 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. A Vendor Form is attached hereto on which the Seller must provide to the Buyer a Tax Identification Number (Corporation) or Social Security Number so that the earnest money check can be written and mailed to the Seller within two weeks of the Seller's acceptance of this contract. 5. 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. 6. The Seller shall furnish a policy of title insurance in the amount of the purchase price from a title insurance company as selected by the Buyer The cost of such title insurance policy shall be equally shared by the Seller and the Buyer. 7. 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 5 8. 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. 9. The closing date is to be within thirty (30) days after approval of this contract by the Fayetteville City Council. If the last date of such closing falls on a weekend or holiday, it will be held the following working day. The closing agent will be a mutually agreed upon closing firm within Washington County. 10. Possession of the property shall be delivered to the Buyer on the date of closing. 11. 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. 12 All fixtures, improvements and attached equipment are included in the purchase price. 13. 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. 14. Seller shall disclose to Buyer any and all environmental hazards of which Seller has actual knowledge. Upon acceptance of all conditions and terms of this Offer and Acceptance, Buyer and Seller shall share equally the costs of any and all testing for the existence of environmental hazards. Should the existence of environmental hazards be known or determined, Seller shall cure such, at Seller's expense, or in the alternative, at Buyer's discretion, Buyer may cure such environmental hazard, and Seller shall indemnify Buyer for all costs associated with said cure. 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 by the Seller on or before the 16th day of December 2002 18. 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 $600.00 EARNEST MONEY DEPOSIT. OFFER AND ACCEPTANCE CONTRACT Page 3 of 5 SELLER: �j I -/ / ✓'€ . !Tett .vc e T fn.,::a ✓us.- Date: /2 -iL o z_ Hiram gdon Family Trust AGENT OR WITNESS: CETI /1.101. 04),÷k BUYER: City of Fayetteville, Arkansas, a municipal corporation Date: 4 -/6 -0 Date: / 2.1f �7Z� Date: (SEAL) OFFER AND ACCEPTANCE CONTRACT Page 4 of 5 EXHIBIT "A" PROPERTY DESCRIPTION The East Half (E%) of the Southwest Quarter (SW%) of the Northeast Quarter (NE%) of the Northwest Quarter (NW%) of Section 29, Township 16 North, Range 30 West, containing 5 acres, more or Tess; LESS AND EXCEPT starting at the Southwest corner of the Northeast Quarter of the Northwest Quarter of Section 29; thence North 89°58' East along the South line thereof a distance of 330.0 feet to the point of beginning; thence North 1°42' West a distance of 654.55 feet to a point on the northeasterly proposed nght of way line of Fayetteville Loop; thence South 25°59' East along said proposed right of way line a distance of 658.3 feet to a point; thence South 33°20' East along said proposed right of way line a distance of 74.6 feet to a point on the South line of the Northeast Quarter of the Northwest Quarter of Section 29; thence South 89°58' West along said South line a distance of 310.0 feet to the point of beginning and containing 2.28 acres in the exception, leaving 2 72 acres; more or less. SIGNED FOR IDENTIFICATION: SELLER: 1/, /a , �9 cram; randon Family Trust BUYE afA Dan CooMayor /L -/6 -oz �.- �at er Woodruff, City Clerk OFFER AND ACCEPTANCE CONTRACT Page 5 of 5 STATE OF ARKANSAS COUNTY OF Nkkse'k ) ACKNOWLEDGMENT ) ) ) ss BE IT REMEMBERED, that on this date, before the undersigned, a dul , o acting Notary Public within and for said County and State, personally appeared to me well known as the Trustee of the Hiram Brandon Fami Tru: ', who executed the foregoing document, and who stated and acknowledged that he/she/they had • signed executed and delivered said instrument for the consideration, uses and purposestherein mentioned and set forth. WITNESS my hand and seal on this 6 day of b.CCh11er , 2002. MY COMMISSION EXPIRES: 1I-l5-94OC, STATE OF ARKANSAS COUNTY OF WASHINGTON QithAi Notarl. Publi 11\ 1 ACKNOWLEDGMENT ) ) ) 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 Dan Coody 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 111111���rri aan.d..behalf of said municipal corporation, and further stated and acknowledged that s ' they had g 1&t 4 and delivered said instrument for the consideration, uses and purposes therein on TTAKsel Q ITNESS my hand and seal on this /' day of / er..6mREt 2002.2 5 • %L•• PUBL\C.%�` MY COMMISSION EXPIRES: 7-/-40S/ Notary bl OFFER AND ACCEPTANCE CONTRACT 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 DESCRIPTION Purchase Price: Subject to the following conditions, the Buyer shall pay for the property at closing, the total and cash payment of $30.000. Adjacent Parcel Contingency: Buyer asserts and Seller hereby acknowledges that this offer is expressly contingent upon the acceptance of the separate offers made this date for the purchase of two (2) adjacent parcels given Washington County Tax Parcel ID Number 765-15415-000 and Number 765-15417-000, and that the rejection of either of the above -referenced offers shall render this offer null and void. 4. Contingent Eamest Money Deposit: The Buyer will tender two checks of $300.00 each and totaling $600 00 to Alice G. Brandon and Hiram Brandon Family Trust 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. A Vendor Form is attached hereto on which the Seller must provide to the Buyer a Tax Identification Number (Corporation) or Social Security Number so that the earnest money check can be written and mailed to the Seller within two weeks of the Seller's acceptance of this contract. 5. 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. 6. The Seller shall furnish a policy of title insurance in the amount of the purchase price from a title insurance company as selected by the Buyer The cost of such title insurance policy shall be equally shared by the Seller and the Buyer. 7. 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 5 8. Taxes and special assessments due on or before closing shall be paid by the Seller. Insurance, general taxes, ad valoremtaxes, special assessments and rental payments shall be prorated as of closing. 9. The closing date is to be within thirty (30) days after approval of this contract by the Fayetteville City Council. If the last date of such closing falls on a weekend or holiday, it will be held the following working day. The closing agent will be a mutually agreed upon closing firm within Washington County. 10. Possession of the property shall be delivered to the Buyer on the date of closing. 11. 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. 12. All fixtures, improvements and attached equipment are included in the purchase price. 13. 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. 14. Seller shall disclose to Buyer any and all environmental hazards of which Seller has actual knowledge. Upon acceptance of all conditions and terms of this Offer and Acceptance, Buyer and Seller shall share equally the costs of any and all testing for the existence of environmental hazards. Should the existence of environmental hazards be known or determined, Seller shall cure such, at Seller's expense, or in the alternative, at Buyer's discretion, Buyer may cure such environmental hazard, and Seller shall indemnify Buyer for all costs associated with said cure. 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 by the Seller on or before the 16th day of December , 2002 18. 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 $600.00 EARNEST MONEY DEPOSIT. OFFER AND ACCEPTANCE CONTRACT Page 3 of 5 SELLER: &,9t (1� Alice G. Brandon AGENT OR WITNESS: BUYER: City of Fayetteville, Arkansas, a municipal corporation iat( Dan Coody, Mayor r Date: /2 - f G —02, Date: Date: / 2.1d z Date: /c>, /,e7 (SEAL) OFFER AND ACCEPTANCE CONTRACT Page 4 of 5 EXHIBIT "A" PROPERTY DESCRIPTION The East Half (EA) of the Southwest Quarter (SW%) of the Northeast Quarter (NE%) of the Northwest Quarter (NW%) of Section 29, Township 16 North, Range 30 West, containing 5 acres, more or less; LESS AND EXCEPT starting at the Southwest corner of the Northeast Quarter of the Northwest Quarter of Section 29; thence North 89°58' East along the South line thereof a distance of 330.0 feet to the point of beginning; thence North 1°42' West a distance of 654.55 feet to a point on the northeasterly proposed right of way line of Fayetteville Loop; thence South 25°59' East along said proposed right of way line a distance of 658.3 feet to a point; thence South 33°20' East along said proposed right of way line a distance of 74.6 feet to a point on the South line of the Northeast Quarter of the Northwest Quarter of Section 29; thence South 89°58' West along said South line a distance of 310.0 feet to the point of beginning and containing 2.28 acres in the exception, leaving 2 72 acres, more or less. SIGNED FOR IDENTIFICATION: SELLER: C :cp_, <Jear-- Alice G Brandon BUY 11:74 Coody, ayor f re• • • f 0• • /l • • • • erHeather Wo ruff, City Clerk OFFER AND ACCEPTANCE CONTRACT Page 5 of 5 ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF 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 Alice G. Brandon, to me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that she had so signed, executed and delivered said instrument forthe consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this / 1,td day of o�.� /^ , 2002. •. '• rte. -.a F. (ti MY COMMISSION EXPIRES: ACKNOWLEDGMENT STATE OF ARKANSAS ss. 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 Dan Coody 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 consideratio,0�,�sps and purposes therein mentioned and set forth. o• n'-' r4 �SSl, n Yba d and seal on this // day of 2D6CtM4et , 2002. Notary Public MY COAIJ„R.. ''EXPIRES: V�/�__ U n NAME OF FILE: Resolution No. 06-03 CROSS REFERENCE: Item # Date Document 1 01/07/03 Resolution No. 06-03 w/Exhibit "A' 2 12/27/02 Staff Review Form w/attachments: 12/17/02 memo to City Council 10/25/02 letter to J.O. Richardson 10/25/02 letter to Mary I. Heflin 12/9/02 letter to Hiram Brandon Family Trust 12/9/02 letter to Alice G. Brandon 3 02/07/03 memo to Holly Jones NOTES: - FAYETTE?I LLE • flit CITY Of FArrrTIVILLL ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Holly Jones Engineering From: Clarice Buffalohead-Pearman Sr. Secretary Date: 2/7/2003 Re: Res. No. 06-03 Attached please find an executed copy of the above resolution passed by the City Council on January 7, 2003, approving the acquisition of three parcels of property in the area of Razorback Road and Dowell Cemetery Road. These items will be microfilmed and filed in the city clerk's office. If anything else is needed please let the city clerk's office know. cc: Nancy Smith, Internal Auditor S STAFF REVIEW FORM • • 1 1 1 . lilrliil^' X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of January 7. 2003 FROM: Holly Jones Engineering Public Works am Division Department ACTION REQUIRED: To approve the acquisition of three parcels of property, totaling 21.35 acres, in the area of Razorback Road and Dowell Cemetery Road for conservation and preservation. This purchase is to satisfy a settlement agreement between several entities and the City of Fayetteville in a 2000 lawsuit in relation to CMN Business Park and Kohl's Department Store that was built conflicting with the City's tree preservation ordinance. COST TO CITY: 1 I rI SFi1�T'___ BUDGET REVIEW: _ Budgeted Item Tree & Trails Trust a�ojec� Name Program Name Sales Tax Fund Budget Adjustment Attached CONTRACTIGRANTILEASE REVIEW: GRANTING AGENCY: Accounting Manager Date n erna u i or Date City Attorney Date ADA Coordinator— Date Purchasing Officer Date STAFF RECOMMENDATION: Staff recommends the approval of the purchase of these tracts of property to be used as a preservation area /O -/I1- O2 Date Cross Reference );.A6 4 2/ New Item: Yes Date Prey Ord/Res #: mm tive s r or ai a e f �O� Ong Contract Date: yor / a No STAFF REVIEW FORM Description Approval of Conservation Area Purchases Meeting Date January 7. 2003 Comments: Reference Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor FAYETTEfILLE S THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDEN TO: Fayetteville City Council THRU: Dan Coody, Mayor Greg Boettcher, Public Works Director Jim Beavers, City Engineer 3. Tim Conklin, City Planne t-' Steve Hatfield, Park Landscape Architect FROM: Holly Jones, Land Agent JUNv DATE: December 17, 2002 SUBJECT: Conservation Area Purchases -Tree & Trails Task Force Attached you will find four offers to purchase three pieces of property in the area of 1-540 and Razorback Road for conservation. The purchase of these properties will satisfy a requirement of a settlement agreement that was the result of a lawsuit over the removal of trees in CMN Business Park (Kohl's Department Store). We presented offers to four property owners. Two of the property owners, Mr. Richardson and Mrs. Heflin, accepted our offers without hesitation. The other property owners, Mrs. Brandon and The Brandon Family Trust (50% interest each), rejected our first offer with a counter-offer. The Task Force then rejected their counter-offer, deciding to ask Mrs. Heflin and Mr. Richardson to waive the Adjacent Parcel Contingency on the original offer. They agreed to do so. The Brandons were notified of the Committee's decision to reject their counter-offer. They were asked to re -consider our original offer since their property would essentially be surrounded by City -owned preservation area. The family members met and decided to accept our original offer. A new Offer and Acceptance Contract was presented to the Brandon Family and Mrs. Brandon and we have received those signed, accepted offers, all of which are included in this packet. Earnest money has been paid to Mr. Richardson and Mrs. Heflin but the accepted offers were received too late today to request the earnest money checks for the Brandons. FAYETTEtILLE • THE CRY OF FAYEITEVILLE. ARKANSAS October 25, 2002 J. O. Richardson, Trustee 2541 Golden Oaks Drive Fayetteville, AR 72703 RE: Pt NE% NW'A 29-16-30 2.130 Acres Tree & Trails Task Force Conservation Area Dear Mr. Richardson: As you are aware, the City of Fayetteville is interested in purchasing your property described above, as well as two other properties adjoining yours. We would preserve this property for its natural beauty as a natural gateway into the City from the South. You should have recently received an information packet, with all the details regarding the need for this purchase, from the Tree and Trails Task Force. I have enclosed the 'Offer and Acceptance Contract and Vendor Form requiring information about you to be returned so that an earnest money check may be obtained and mailed to in the amount of $1,290.00. We are offering to purchase your entire parcel of property for a total value of $64,500.00. This offer is contingent upon approval by the City Council, a consensus of the three property owners approached and a good survey of the properties. The offer is based upon a recent appraisal by Mr. Mark Risk of The Real Estate Consultants and I have included a copy of the appraisal summary for your records. Included in this packet is a map of the anticipated purchase area for conservation, as well as a drawing of your specific property. Should you elect to accept this offer, the Offer and Acceptance Contract contained herein should be executed by all parties with current ownership interest in the particular property. The document should be notarized and returned to the City of Fayetteville. The Vendor Form containing a Social Security Number should also be signed and returned with the signed Offer, so that the earnest money check can be obtained and mailed to you, usually within two weeks of our receipt. A City Land Agent will be happy to meet with you and/or your representatives to discuss this offer, or witness/notarize the documents, at your convenience. Please contact Holly Jones at (479) 444-3414 or Jill Goddard at 444-3407 to set up an appointment. You may also contact Tim Conklin, City Planner at 575-8265 or Steve Hatfield, Park Landscape Architect at 718-7688 with any questions you may have regarding this project. Sincerely, Dan Coody Mayor End DC/hj Fall-JR8 FAYETTEtILLE • THE CRY OF FAYETTEVILLE. ARKANSAS October 25, 2002 Mary I. Heflin 3473 Redwood Fayetteville AR 72703 RE: Pt NE% NW% 29-16-30 16.50 Acres Tree & Trails Task Force Conservation Area Dear Mrs. Heflin As you are aware, the City of Fayetteville is interested in purchasing your property described above, as well as two other properties adjoining yours. We would preserve this property for its natural beauty as a natural gateway into the City from the South. You should have recently received an information packet, with all the details regarding the need for this purchase, from the Tree and Trails Task Force. I have enclosed the Offer and Acceptance Contract and a Vendor Form requiring information about you to be returned so that an earnest money check may be obtained and mailed to you in the amount of $4,000.00. We are offering to purchase your entire parcel of property for a total value of $200,000.00. This offer is contingent upon approval by the City Council, a consensus of the three property owners approached and a good survey of the properties. The offer is based upon a recent appraisal by Mr. Mark Risk of The Real Estate Consultants and I have included a copy of the appraisal summary for your records. Included in this packet is a map of the anticipated purchase area for conservation, as well as a drawing of your specific property. Should you elect to accept this offer, the Offer and Acceptance Contract contained herein should be executed by all parties with current ownership interest in the particular property. The document should be notarized and returned to the City of Fayetteville. The Vendor Form containing a Social Security Number should also be signed and returned with the signed Offer so that the earnest money check can be obtained and mailed to you, usually within two weeks of our receipt. A City Land Agent will be happy to meet with you and/or your representatives to discuss this offer, or witness/notarize the documents, at your convenience. Please contact Holly Jones at (479) 444-3414 or Jill Goddard at 444-3407 to set up an appointment. You may also contact Tim Conklin, City Planner at 575-8265 or Steve Hatfield, Park Landscape Architect at 718-7688 with any questions you may have regarding this project. Sincerely, Dan Coody Mayor End DC/hj 113 WEST MOUNTAIN 72701 474621-7700 FAX 4746768257 FAYETTEtILLE • THE QTY OF FAYETTEVtLE. ARKANSAS December 9, 2002 Hiram Brandon Family Trust Go Aubrey Harris 13825 Pleasant Forest Drive Little Rock, Arkansas 72212 RE: Pt E'/2 SW'/. NE'/. NW'/. 29-16-30 2.72 Acres Alice G. Brandon & Hiram Brandon Family Trust 50% Interest Each Tree & Trails Task Force Conservation Area Dear Mr. Harris: As you are aware, the City of Fayetteville is interested in purchasing your property described above, as well as two other properties adjoining yours. We would preserve this property for its natural beauty as a natural gateway into the City from the South. As per your conversations today with Holly Jones, Land Agent, I have enclosed the Offer and Acceptance Contract and a Vendor Form requiring information to be returned so that two earnest money checks may be obtained and mailed to you in the amount $300.00 each for a total of $600.00. One of these will be written to Alice G. Brandon and one to the Hiram Brandon Family Trust. We are offering to purchase your property for a total value of $30,000.00, which will also be split at closing. This offer is contingent upon approval by the City Council and a good survey of the property. The other two parcels adjoining this one, have accepted our offers to them. The offer is based upon a recent appraisal by Mr. Mark Risk of The Real Estate Consultants and I have included a copy of the appraisal summary for your records. Included in this packet is a map of the anticipated purchase area for conservation, as well as a drawing of your specific property. Should you elect to accept this offer, the Offer and Acceptance Contract contained herein should be executed by all parties with current ownership interest in the particular property. The document should be notarized and returned to the City of Fayetteville. The Vendor form containing a Social Security Number should also be signed and returned with the signed Offer, so that the earnest money check can be obtained and mailed to, usually within two weeks of our receipt. 113 WEST MOUNTAIN 77701 179621-770D FAX 1796766257 I Tree & Trails Conservation Area Purchases Offer Letter —Brandon Page 2 A City Land Agent will be happy to meet with you and/or your representatives to discuss this offer, orwitness/notarize the documents, at your convenience. Please contact Holly Jones at (479) 444-3414 or Jill Goddard at 444-3407 to set up an appointment. You may also contact Tim Conklin, City Planner at 575-8265 or Steve Hatfield, Park Landscape Architect at 718-7688 with any questions you may have regarding this project. Sincerely, S Dan Cood' Mayor Encl DCIhj FAYETTEtILLE • THE CITY OF FAYETTEVILLE. ARKANSAS December 9, 2002 Alice G. Brandon 711 North Oak Searcy, Arkansas 72143 RE: Pt E'/2 SW% NE'/4 NW'/4 29-16-30 2.72 Acres Alice G. Brandon & Hiram Brandon Family Trust 50% Interest Each Tree & Trails Task Force Conservation Area Dear Mrs. Brandon: As you are aware, the City of Fayetteville is interested in purchasing your property described above, as well as two other properties adjoining yours. We would preserve this property for its natural beauty as a natural gateway into the City from the South. As per conversations today between Holly Jones, Land Agent and Mr. Harris, I have enclosed the Offer and Acceptance Contract and a Vendor Form requiring information to be returned so that two earnest money checks may be obtained and mailed to you in the amount $300.00 each for a total of $600.00. One of these will be written to Alice G. Brandon and one to the Hiram Brandon Family Trust. We are offering to purchase your property for a total value of $30,000.00, which will also be split at closing. This offer is contingent upon approval by the City Council and a good survey of the property. The other two parcels adjoining this one, have accepted our offers to them. The offer is based upon a recent appraisal by Mr. Mark Risk of The Real Estate Consultants and I have included a copy of the appraisal summary for your records. Included in this packet is a map of the anticipated purchase area for conservation, as well as a drawing of your specific property. Should you elect to accept this offer, the Ofierand Acceptance Contract contained herein should be executed by all parties with current ownership interest in the particular property. The document should be notarized and returned to the City of Fayetteville. The Vendor form containing a Social Security Number should also be signed and returned with the signed Offer, so that the earnest money check can be obtained and mailed to, usually within two weeks of our receipt. 113 WEST MOUNTAIN 72701 479621-7700 FAX 479-676-8257 Tree & Trails Conservation Area Purchases Offer Letter —Brandon Page 2 A City Land Agent will be happy to meet with you and/or your representatives to discuss this offer, orwitness/notarize the documents, at your convenience. Please contact Holly Jones at (479) 444-3414 or Jill Goddard at 444-3407 to set up an appointment. You may also contact Tim Conklin, City Planner at 575-8265 or Steve Hatfield, Park Landscape Architect at 718-7688 with any questions you may have regarding this project. Sincerely, Dan Cood Mayor Encl DC/hj