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Home My WebLink About105-03 RESOLUTION• • RESOLUTION NO. 105-03 A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND MARKHAM HILL DEVELOPMENT CO., LLC FOR THE PURCHASE OF APPROXIMATELY TWO (2) ACRES OF LAND LOCATED ON RUPPLE ROAD SOUTH OF WEDINGTON DRIVE IN THE AMOUNT OF ONE HUNDRED FORTY-FIVE THOUSAND TWO HUNDRED SEVENTY-SEVEN DOLLARS (5145,277 00) TO BE THE SITE OF THE NEW WEST SIDE FIRE STATION. 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 an Offer and Acceptance contract between the City of Fayetteville and Markham Hill Development Co., LLC for the purchase of approximately two (2) acres of land located on Rupple Road south of Wedington Drive in the amount of One Hundred Forty -Five Thousand Two Hundred Seventy -Seven Dollars ($145,277.00) to be the site of the new West Side Fire Station. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED and APPROVED this 15th day of July, 2003. co' r71,.. e • ,. r tVTTEST: By: G►.va!,uti SONDRA SMITH, City Clerk APPROV By DAN COODY, May • • OFFER AND ACCEPTANCE CONTRACT The City of Fayetteville, Arkansas, a municipal corporation, 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 City of Fayetteville shall pay for the property at closing, the total and cash payment of $ 145,2"17.00 . Contingent Eamest Money Deposit: The City of Fayetteville will tender a check for $ –0— to Markham Hill Development Co., LLC 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 City of Fayetteville by Markham Hill Development Co., LLC. If title requirements are not fulfilled or Markham Hill Development Co.,fail(s) to fulfill any obligations under this contract, the earnest money shall be promptly refunded to the City of Fayetteville. If the City of Fayetteville fails to fulfill their obligations under this contract or, after all conditions have been met the City of Fayetteville fails to close this transaction, the eamest money may, at the option of Markham Hill Development Co.. LLC become liquidated damages to Markham Hill Development Co., LLC. Please provide to the City of Fayetteville a Taxpayer Identification Number or Social Security Number so that the earnest money check can be written. A Vendor Form has been provided for this purpose. Conveyance will be made to the City of Fayetteville 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 Markham Hill Development Co., LLC . Markham Hill Development Co., LLC shall furnish a policy of title insurance in the amount of the purchase pnce from a title insurance company as selected by the City of Fayetteville. The City of Fayetteville and Markham Hill Development Co.. LLC shall share equally in the cost of the title insurance. Markham Hill Development Co., LLC agrees to allow the City of Fayetteville, iftheCity of Fayetteville so desires, at City of Fayetteville's expense, to survey the property. Markham Hill Development Co., LLC 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 City of Fayetteville. Taxes and special assessments due on or before closing shall be paid by Markham Hill Development Co., LLC . Insurance, general taxes, ad valorem taxes, special assessments and rental payments shall be prorated as of closing. rr • The closing date shall be within y ti -d" 4 00) days after approval of this offer by the City Council. If such date of closing falls on a w&ekenor holiday, it will be held the following working day. 9. Possession of the property shall be delivered to the City of Fayetteville on the date of closing. 10. Markham Hill Development Co.. LLC hereby grants permission for the City of Fayetteville 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 Markham Hill Development Co., LLC . 13. Markham Hill Development Co.. LLC shall disclose to the City of Fayetteville any and all environmental hazards of which Markham Hill Development Co., LLC has actual knowledge. Upon acceptance of all • • OFFER AND ACCEPTANCE CONTRACT Page 2 of 4 conditions and terms of this Offer and Acceptance, the City of Fayetteville and Markham Hill Development Co.. LLC 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, Markham Hill Development Co.. LLC shall cure such, at their expense' or in the alternative, at the City of Fayetteville's discretion, the City of Fayetteville may cure such environmental hazard, and Markham Hill Development Co., LLC shall indemnify the City of Fayetteville for all costs associated with said cure. 14. This agreement shall be governed by the laws of the State of Arkansas 15. This agreement, when executed by both the City of Fayetteville and Markham Hilt Development Co.. LLC 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. 16. This contract expires, if not accepted by_.pn or before the 3rd day of .� 2003. 17. The City of Fayetteville shall ubmit this fully executed Offer and Acceptance Contract to the City Council for their approval within (iii)) days of acceptance by Markham Hill Development Co., LLC. 18. NOTICE: THE CITY OF FAYETTEVILLE ASSERTS AND Markham Hill Development Co., LLC. 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 CITY OF FAYETTEVILLE OF THE $ — 0 - EARNEST MONEY DEPOSIT. SELLER: Markham Hill Development Co., LLC. Print Name & Title Here] City of Fayetteville, Arkansas, A muni I corporation Dan Coody, Mayor AY E T re 4010/7 City Clerk Date: 7/2-4:31/2 Date: '7-&-O.3. OFFER AND ACCEPTANCE CONTRACT Page 3 of 4 EXHIBIT "A" PROPERTY DESCRIPTION All that certain tract or parcel of land being a part of the NW 'A of the SE 'A of Section 12, Township 16 North, Range 31 West, Washington County, Arkansas. Said tract being a portion of that same tract as described in Book 1114, Page 526 of the records of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being more particularly described by metes and bounds as follows, to -wit: COMMENCING at the NE Corner of the NW Y. of the SE Y. of Section 12, Township 16 North, Range 31 West Washington County, Arkansas. THENCE —South 02°15'40" West 444.07 feet with the east boundary line of said 40 -acre tract; THENCE — North 88° 36' 31" West 15.00 feet to a'A Iron Pin found on the west right-of-way line of Rupple Road THENCE — South 02° 15'40" West 206.89 feet with said right-of-way line to a 5/8" Iron Pin set for the POINT OF BEGINNING; THENCE - South 02° 15' 40" West 209.44' with said right-of-way line to a 1/2" Iron Pin found' THENCE—North 86° 59' 51" West 421.92 feet to a 1/2" Iron Pin found on the east boundary line of THE MEADOWLANDS PHASE 1 AND 2 subdivision; THENCE — North 02° 12' 43" West 203.50 feet with said east boundary line to a 5/8" Iron Pin set; THENCE — South 87° 48' 12" East 422.06 feet to the POINT OF BEGINNING. The above described property having been surveyed by Bart L. Petray, contains 2.00 acres of land, more or less SIGNED FOR IDENTIFICATION: Mark • am Hill Development Co., LLC. [Plea Dan Pri Name & T' : Here y, Mayor ity Clerk Date:S IULH 2 4103 Date: Date: 7 103 • • OFFER AND ACCEPTANCE CONTRACT Page 4 of 4 STATE OF ARKANSAS &xin.. COUNTY OF WAS1-11N6T0N 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 .....161k/‘ Aloes_ to me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that he/she/theys/are /YLcM.bti of/YlMk5kantWtHZtie1Oprn4UGMad is/are duly authorized. to xecute$the foregoing instrument for and in the name and behalf of said /7)OA�Xhat. authorized. L5Y tw# L. LLC and further stated and acknowledged that he/she/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 24 day of JILL/ 2003. L) 4-tikka Notary Public MY COMMISSION EXPIRES: 5'jl)2a8 HOLLY F. JONES NOTARY PUBLIC, STATE OF ARKANSAS MY COMMISSION EXPIRES 05-01-2008 BENTON COUNTY STATE OF ARKANSAS COUNTY OF W ACKNOWLEDGMENT BE IT REMEMBERED, that on this date, before the undersigned, a duly com jcti g Notary Public within and for said County and State, personally appeared Dan Coody and `' to me well known as timpiawns who executed the foregoing document, and who stated and acknowledged that they are the Mayor and rrk 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 cid day of 2003. MY COMMISSION EXPIRES: �b !woe dM Notary Pu HOLLY F. JONES NOTARY PUBLIC, STATE OF ARKANSAS MY cOMMISSION MIRES 05-01-2008 • • see'36'31'E b.t 0166 1. w,r..y to 04 OSA now P••• I..tt..ar, w ma tw,-09 • ki i :Pill 1 1.J — M, 1061 Inembsoa W — tore Dore Ilttwee. M t1A —n PARENT DESCRIPTION AB that mita via or prod of aid beat a pie ofthe NW St of the SE %d Sabers 12, Tawndip 16 North. Rap 31 Wat, Salinas= Coonty, Rasa Sid ma berg Mt taw tna a daaihed a Book 1114, Pae 726 of do rode tithe Omit Clan and 1B-Offseio Raoada of Vietnam Comm. Rasa ad May more pwtia daty atomised by am ad bounds a follow; to -Mt COMMENCING st the NE Cana tithe NW %e the SE %ofSase 12, Toamhip 16 Nath, Rap 31 Week Wahmgm Carp, Adana 11W4�- Soah 02' 15' 40' West 444.07 fart with the east boaday Ione of mid '40'; THENCE -Nan 8C 39 31' West 15.00 feet to a %' hon Pia fa=d for the POINT OF BEGINNING. Said poiw base m the eat right -of -wry line 0Rappls Rotel THENCE - Swath O2' 15' 40' West 41633 fm with sed tight -of -way IS b • Sr Iona Pia farad; THENCE -Nath 86' 57 51' Wei 42192 fen to a %' Ira Pie foal on the ret brachy Me of THE MEADOWLANDS PHASE 1 AND 2 abdivmm; THENCE- Note O2.1743 pat 404 46 Tet with said ath baeday lar b a %' hon Pie fwed; THENCE- South or 36' 31' Eat 422.28 !mambo rho POINT OF BEGINNING. The above dam'bed property Daum bee surveyed by Bat L Piney. oaths 3.98 sae of bath mar a laa. 421.42. 1 TO TRACT A DESCRIPTION AB the mum troth or pawl cif lard kin a pat ofthe NW %d the SE %• Semon 12, Township 16 North. Rare 31 Week Wahine= Corea); Ada Sid tna beide s patios enlist ems Ma a Wad is Book 1114, Pap the made of the (5nyit Clerk ad Et -Officio Rada of lithium Cos Adams, wad bang aim patiadap dwat.ad by twat d toads fol to -wit COMMENCING st de NE Cada tide NW %tithe SE % of Sae Towabip 16 Nat, Rap 31 Week Wabaga Comp, Adana THEM Saab 02' 15'40' Wad 444.01 fmwt to ast toeeday Imo dale '40'; THENCE -North SP 36'31" Wm 15.00 fat to a%' km Pie !a=che the rightof-wq lime of Ropple Rod TFC -Som 02' 19 44' Wath 206.8 with uid rightof-way linen s 54' km Pm net fa the POINT OF BEGIN) THENCE - Sod or It 40' Wm 209.49 with said sight -of -way IS. to a I Pa feed; THINK -Nath 66' 59 51' Wen 421.92 Man • VY Iron Pie 0o the sac Made? Em of TIM MEADOWLANDS PHASE 1 AND 2 a cMillan; THENCE -The 0r 1743'Pat 203.50 Eta with said artbat IS to • W ho Pie .m THENCE - Soto sr 4V 12' Et 42206 fat t POD4T OP BEGINNING. The stove dembd meaty having tees nmwl Bat L Pea, atoume 200 acro of Ind, doe a Ion 60 0 50 IMAM • sdW BBT MON POI U rotor Merl PBI t PRAM POLE Brat REM it.a CABLE 712S001014 RIMA ea l ACNE Meet ✓ w PIETER 4— EXT. BANTAM* AOC —10-- OOBTU4O PIAa PM0tOt1T OMENS BORA MM Els • BETsT Ala PE B A 44511 1tIVtSTOI CAPRI PAM/ VILLA. AR Thos w 'u PAC. Ila. 160161-001 CORDING T l PIOOD 000RNIa MTI 1W IPPaTWE JULY 21, AMM. MAP NAME* 0E40co0110. SAID roar M IIOf P4 THE KO -TNA ROOD AREA GIBECIEICAIRA TMS IS TO CENTRIC OM the pia 6m11,1 Y • b'w .gstattn M Oa ebw daaat.4 areaway a aaawdad M army ad H.a 1r Bat L Pdny. P.L.S. S1?6S. hew earner* ad area/ad e Um Amid t1a baatdala ant ones as alma. ad Ma Mea 4n ano. avaaach ado R Paetrtaba amok a a/m.n a add PAa- OODE NO. 600-UrN-9114-0-12-210-12-1280 BEARINGS BASED ON CITY OF PAYETTEVILLE GPS rlosATENTATIQI TRACT B DESCRIPTION All that °slamtampanel ba pan of the NW % of the SE%of cri of Sm 12, Townshipp R. 16 IC, Ram 31 Wa,ibcd S B Coot Mara Said tract bangs potion a of see ras a Bt described 1114, Poe 226 of the scorch of the Omit flak sal EzOBeo Recorder of Wet/Oman County, 12, ASsm, sad bey mon paticalstydartbed by mace wad bonds as Man to -wit C MMD4CLNG at the NE Carrier ofthe NW %of the SE % of Sea 12, Township 16 Nat, Rage 71 Ws, Wabiesm Comity, Ian THENCE - t Soodi or 15' 40• Wat 444.07 feat with the est!muggy IS of lad Y0•; a THENCE -North Sr T6T1.Woo 15.00 flea m•%' Iron Pin fond for the POMP '{OP BECANNING Said point being m Se eat riSMd �-wq IS of Ample Red. Ma T HEPICE - Sash or IY 40• West 20619 fail with add rishtcfw ay Its a • MC ad • hn Pio rahTHENCE- No* ST 4*' 1r Wnat 422.06 fat m a OA- Ma Pa ata Sat e eboar Aim sbd odT)D MEADOWLANDS PHASE 1 AND 2 i.iaim; a7 THENCE -Nadi Or IT4Y East 20o.96 feat with said eat boaeday tinema%- lion Pie Mat, THENCE -Sons 11.26' 31' Ma 422.21 fed d the POMP OF ry BECONNENG The above deaotbed Ammo hevq beta Nomad by Bat L Petri, armies 191 cera of bund, masa La RAT BOOM PAGE 4894 i 1 1 1 g 1 1 1 z r §S 0 r ■ vas AIL w is ALT 61 z 0 Vf E > �'<p c• e z_ R'I CC a W O Z 1E 0 Is Z W9-11. E a F U i SHEET 740. 4 + 1 mania: • NAME OF FILE: Resolution No. 105-03 wlAgreement CROSS REFERENCE: Item # Date Document • 1 06/19/03 Staff Review Form w/attachments draft resolution memo to city council copy of Tract A map copy of Tract B map copy of large map of Tract A & B 2 07/18/03 memo to Holly Jones NOTES: IISTAFFREVIEW FORM - FINANCIAL OBLIGAT X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council Meeting of: July 151 2003 7 /i5/43 /as /A$K,4#f 'Mil laitkpitesit FROM: Holly Jones Name Engineering Community Planning & Engineering Services Division Department ACTION REQUIRED: Approval of the Offer and Acceptance for the purchase of 2 acres of land from Markham Hill Development Co., LLC. This parcel of land will be the location of the proposed West side Fire Station on Rupple Road south of Wedington Drive. COST TO CITY: $145,277.00 S �(sca coo - Cost of this request Category/Project Budget 4470.9470.5400.00 S viols Account Number Funds Used to Date 01015 S g L�� o Project Number Remaining Balance Fire Safety Improvements Program Category / Project Name Fire Station #7 - Escrow Funds Program / Project Category Name Sales Tax Capital Improvements Fund Name BUDGET REVIEW: Budget Pi ager tx Budgeted Item �- 0.2 Date Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: �Accounting Manager City Att ney 7/7/07 Date i Date CLU, (257Viitid. Internal Aud or Date U LU 7-7-03 Purchasing Manager Date ST}/ioTI REC ATION: Di inn Heal (/`�^ Depa ment Director Finance c Internal Services Dir. Date 7_3-0? Date ?- 8-03 Date Received in Mayor's Office Cross Reference: Previous Ord/Res#: ?/8/`a 3 Date Orig. Contract Date: Orig. Contract Number: New Item: Yes No Description • Staff Review Form - Page 2 • Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager ADA Coordinator Internal Auditor Grants Coordinator Meeting Date July 15, 2003 Reference Comments: • • RESOLUTION NO. A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND MARKHAM HILL DEVELOPMENT CO., LLC FOR THE PURCHASE OF APPROXIMATELY TWO (2) ACRES OF LAND LOCATED ON RUPPLE ROAD SOUTH OF WEDINGTON DRIVE IN THE AMOUNT OF ONE HUNDRED FORTY-FIVE THOUSAND TWO HUNDRED SEVENTY-SEVEN DOLLARS ($145,277.00) TO BE THE SITE OF THE NEW WEST SIDE FIRE STATION. 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 an Offer and Acceptance contract between the City of Fayetteville and Markham Hill Development Co., LLC for the purchase of approximately two (2) acres of land located on Rupple Road south of Wedington Drive in the amount of One Hundred Forty -Five Thousand Two H ed Seventy -Seven Dollars ($145,277.00) to be the site of the new W t ide. ire Station. A copy of the contract is attached hereto marked Exhib't ' an made a part hereof. �%.� PASSED and APPROVED this 15th day ofJuly, 2003. I t APPRO,V AIII'EST: Byj SOND City Clerk \B\ j 11WCO L. COODY, Mayor FAYETTEVIIiL,LE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Fayetteville City Council • THRU: Dan Coody, Mayor Hugh Earnest, Chief Administrative Officer Tim Conklin, Director of Compjpity Planning & Engineering Services Gary Coover, City Engineer �N� Chris Bosch, Fire Chief FROM: Holly Jones, Land Agent SUBJECT: Acquisition of Property for the Proposed Fire Station #7 DATE* July 3, 2003 Background: Mr. Earnest, representing the Fire Department of the City of Fayetteville, has been in negotiations with Mr. John Nock, of Markham Hill Development Co., LLC, to purchase 2 acres of land from him to construct a Fire Station on the West side of town. The property is located on Rupple Road south of Wedington Drive. This property has been surveyed, re -zoned and a lot split has been approved to split this 2 acre tract from a larger tract of 4 acres acquired by Markham Hill Development Co., LLC. Mr. Nock closed on the 4 acre parcel on Tuesday, July 2, 2003 and immediately met with Mr. Earnest, Mayor Coody, Chief Bosch and myself to discuss the details of the purchase. An Offer and Acceptance was presented to Mr. Nock at that meeting for a total sales price of $145,277.00. Current Status: Markham Hill Development Co., LLC, represented by John Nock, accepted the offer to purchase the southernmost 2 acres of the 4 acre tract he had just purchased. A copy of the survey presented to Planning Commission, which shows the entire 4 acre parcel, also depicting the City's proposed 2 acre purchase is attached. Also attached is a copy of the signed and notarized Offer and Acceptance Contract. Recommendation: Staff respectfully requests that this Offer and Acceptance contract be approved. Upon approval, title work will be ordered and a closing date set. Thank you • 5151r5031.E inti s••t Lad 1...•.a•\ sin W Oen Plow Do. MoreadrAil.. ,. AY I•1•1-60 • J • —.- 11151/1.11(•} Dan as st R 1 x1 4,61 4-1 Igo attialot srl ?S q'812M 421.412' iamb OY OA Mae b1. rosw_a-. Ar AIS O'Ya-O PARENT DESCRIPTION All that oast tract or peal of Ad b®t • pet &the NW %dthe SEX of Sok 12, To to 16 Nab, Rap 31 West, Wsditlemn County, Atkaa Sod tract being the tune tract as dead* is Boo& 1114, Pep 526 dale re cords of dm Cleat Oak ad taOfEiao Remdr d Wading= C000y, Adats, ad bat man pm6ytely dewed* by macs ad bounds as follows, m+s COMME27CBdG as da NE Cues ofthe NW St of the SE Y. d Section 12, Towed* 16 Nod, Rap 31 Wail Wahayw County, Masa. THENCE - South 0213' 10• Wet 444.07 fat with the eat boar/dart lime of mid Y0•; TFBNCE -Nath St" 3C 31• West 15.00 fee b a %• bon Pin toad for the POOH OF BEGINNING. Said point being on Moen sight. -wry are ofRaab Rod THENCE - Stub or 17' 40• Was 416.33 fan with said Litbtd-wry las a t %• hon Pia found THENCE -Nadi t6' 57 51• Wm 42192 fen to • %• Ism Pie fond on the net basin IS ofTHE MEADOWLANDS PHASE 1 AND 2 subdistrict THENCE -Nath 027 it 1r Eos 40616 feet with tad cast bolmdry IS to a %• hoe Pa fond; THENCE - South $$ 3C 31- Em 122n fat to the POINT OP SWANNING. The •bole dmibed piope y haat bete ear oaf by Bet L Petry, aoetens 3.92 acnes oflad, mol ea lea TRACT A DESCRWIION All tat oasis Ina apenal allied being pen ofthe NW%ddie SE `A Section 12, Township 16 North, Rays 31 West, Washing* Counts, Ada Said art beat • partial of that soon tract a 6eallad in Book 1114, Pose the oat of the CUE* Oak sad FA—Officio Raeder dWashington Coo Adana d bunt eons peaadry dombd by mea ad bonds a fat to -wit COMMENCING LING a the NE Comet d=NW %&the SE 44 of Sacs Township 16 Nadi Rap 31 Wel Wahine= Carry, Adana. THEW South or Irmo- Wet 441.77 feet with dean bondry hoe deed •10^; THENCE - North SS'36'31• Wet 15.00 fes bs%•hon Pip fiend on the riyhtcf wry Tae of Ripple Rad THENCE - South Cr IT 10• Was 206.1 wed aid rykt-d-way line to a 51- am Pa set for the POINT OF BEAU THENCE - Scab 0r Ir 40• Wes 209.44 wrth ud riebtd way tae too 1 Pa found; THENCE -Nath /6.57 51• Wet 421.92 fat to a 1/1• hoar Pa m tunas bamdry la of THE MEADOWLANDS PHASE 1 AND 2 sobdkriim; THENCE- Notts or 1r 17• Ert 203.50 fast at aid east be liana a sir hon Pa sot; THENCE - Snead ST 49 LYE* 422.06 fat b • POINT OF BEGINNING. The abate detailed papery Kama been ono Ben L Petry, oral* 200 ons ofhog moa or lea N 3 1 3 I et 114 60 0 60 LYS • evW OCT NON PN 0 BaND NON POI PONOI PONS �• CLSCTRIC tea itso can T}LRNNPI Rea pa MIME mEnt r IILITOt —130— Eft. SANITARY !OQ �1--Ir- taSTwc 130 PROPORr CUi10lB. ORsm! DNR • ICY MN PPAGN 430 NEVINGTON DRIVE FAYETTEVI LE* AR ANIS ZONED. C -I AAGCOCl�d ROOD INSURANCE RATE POP 17PWOT7VE JAY a. 1.. AAP 111211306 01141W01341), SAID PROPERTY m NOT N TB[ BOO -TEAR ROW AREA CRICEIEKST209 TNIS N TO COMITY d.t tb Plat tie Y • fns .'4'rta1 ..I Om dew decree peony a dta.we d by eery ad Mt 1/ East L Pty. P1A S 6. L. weed eel need a ti.. f t1a Syrtis' ad owes as .lea ad IB.ot the ea to aenwda..a.b IT rerere aloe • eae. a W pt. CODE NO. 500 -16N -954-0-t2-240-72-1255 BEARINGS 6ASBD 04 OTY OF FAYETTEVILLE GPS NONUP7ENTATIO4 TRACT B DFSQfff3W7 AO that nett bat or prod ofled Minn pat of eke NW %dth. SE %d Seri® 12, Towetp 16 Nath, Raga 31 Wort Weise Caen Arena Sid net be . pone of dm .aa tree as dmbed m Book 11 I4 Pre 326d the .mead. of dm Cent Oak and Ex -Officio Rsmtde of Wahi4m Co,nty 2. Mata, ad bed4 mea ptmlaly dmtbed by cuts ad beunds a Berk to -.it 0OMMEN@1G at the NB Core dSA NW %ofthe SE % of Seim 12, Township 16 Noe, Reye 31 W. %dere Coney, Alleea. THENCE - South ton IT 40' Won 444.07 Tea with the end beery lino dad '40'; THENCE - Nat IT 36' 3l • Wat 13.00 Era to . %' hon Pie found for the POINT OF BBCAQN@ G. Said point bei4 on to wed zOhtaf-we lion dRuppl. Rood. tun THENCE- South or 13'40' Wet 70619 fee with ..id tyhne4w.y lona a. SM1' d Inn Pe oak THENCE• Nod 1T 41* 1r Won 422.06 fee . 3/ 1• he Pe ae to .an boedsy lino of THE MEADOWLANDS PHASE 1 AND 2 sebdh .'a; ry THENCE- Neth or 128 4r Eat 300.96 fan with add eat bounday tie to .W Inn Pia fed; THENCE -Seth IM 3C 3r Fat 42221 fele the POINT OF y BEGINNING The .bon dosed property hnsy be s evryd by Bat L Nem crate 191 Rea of land, room w ba. RAT SOCK PAGE S 1 5 Q 1 1 a 2 t 2 r i §S tl awe a ... ad ry ton z 0 Vf 3 CITY ENGINEERING SHEET 140. FAYETTEVPLLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Holly Jones Engineering Division From: Clarice Buffalohead-Pearman City Clerk Division Date: July 18, 2003 Re: Res.105-03 Attached please find an executed copy of the above referenced resolution passed by City Council, July 15, 2003 regarding an Offer and Acceptance Contract between the City and Markham Hill Development Company. The original resolution along with the O&A contract will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the city clerk's office know. /cbp cc Nancy Smith, Intemal Auditor lard C -I 6401 Laud Yna•tr,rtte, k. 131.6 OSc. rla+cr Drive Payettavlld, Pr 77703 4251 -OPO r 58836'31'E 422.28' • Ixv. MA natal. N86'59151'1AI 421.92' L.U827.74 1.644,13.31 Iowa R -I.6 OW laud Invvat.n its, It. Lass Oaks r1a,v Cash* Fayatterllb, Ar 77709 4253 -OPO PARENT DESCRIPTION All that certain tractor pared of land being a part of the NW V. of the SE % of Section 12, Township 16 North, Range 31 West, Washington County, Arkansas. Said tract being that same tract a9 described in Book 1114, Page 526 of the records of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, and being more particularly described by metes and bounds as follows, to -wit COMMENCING at the NE Comer of the NW `/. of the SE V. of Section 12, Township 16 North, Range 31 West, Washington County, Arkansas. THENCE - South 02° 15' 40" West 444.07 feet with the east boundary Inc of said "40"; THENCE - North 88° 36' 3I" West 15.00 feet to a'14" Iron Pin found for the POINT OF BEGINNING. Said point being on the west right-of-way line of Rupple Road. THENCE - South 02° 15' 40" West 416.33 feet with said right-of-way line to a i4" Iron Pin found; THENCE - North 86° 59'51" West 421.92 feet to a h" In Pia farad on the cast boundary line of THEMEADOWLANDS PHASE 1 AND 2 subdivision; THENCE - North 02° 12' 4T East 404.46 feet with said east boundary line to a ''/," Iron Pin found; THENCE - South 88° 36'3r East 422.28 feet to the POINT OF BEGINNING. The above described property having been surveyed by Bat L. Petray, contains 3.98 acres of land, more or less. Err. 20' U.E. 8, TRACT A DESCRIPTION All that certain tractor parcel of land being a part of the NW V. of the SE'/. of Section 12, Township 16 North, Range 31 West, Washington County, Adransa Said tract being a portion of that same tract as described in Book 1114, Page 5 the records of the Circuit Clerk and Ex -Officio Recorder of Washington Count Arkansas, and being more particnlmfy described by metes and bounds as folio to -wit COMMENCING at the NE Comer of the NW 'h of the SE V. of Sectio[ Township 16 North, Range 31. West, Washington County, Arkansas. THENCE South 02° 15' 40" West444.07 feet with the east boundary line of said "40"; 'MINCE - North 88° 36'31'1 West 15.00 fent to a W Iron Pin found on the wt right-of-way line of Rupple Road. THENCE - South 02° 15'40" West 206.89 with said right-of-way lino to a 5/8" Iron Pin set for the POINT OF BEGINNr THENCE - South 02° 15'40" West 209.44' with said right-of-way line to a is Pin found; THENCE - North 86° 59' 51" West 421.92 fat to v 12" Iron Pin fc on the east boundary line of THE MEADOWLANDS PHASE 1 AND 2 subdivision; THENCE - North 02° 12' 4T East 203.50 feet with said east bout line to a 5/8" Iron Pin set; THENCE - South 87° 48' 12" East 422.06 feet to thi POINT OF BEGINNING. The above described property having been serveya Bart L. Petray, contains 2.00 acres of land, more oriels. aT • g 7,11O thr NTIkarMI 50 0 50 • 0 POWER POLE tg■ ELECTRIC RISER <jtO CABLE TELEVISION RISER Pa PHONE RISER ry^• GAS METER LEG= 5/8' SET IRON PIN FOUND IRON PIN SS EXT. SANITARY SEINER --*—N— DUSTING FSIGE PROPERTY OWNERS* ORTHER DARL 4 BETTY ANN FEAGIN 4023 WEDINGTON DRIVE FAYETTEVILLE, AR 72703 ZONED. C-1 PARCEL. No. 11251-001 ACCORDING TO 114E FLOOD INSURANCE RATE MAP EFFECTIVE JULY 21, 199% MAP NUMBER 061.4ec0091D, SAID PROPERTY 1S NOT IN THE 100 -YEAR FLOOD AREA. GU flFICAT1ON. 71415 IS TO CERTIFY that the plat hereon Is a true rep. sentatlon of the above described property as determined by survey end that 1 BL. Petray, P.L.S. *1258, haw mated and amated an a the grand the boendries and corners am shown and that there are no _ angor enerts or protrusion except as shown an sold plat. CODE NO. 500 -16N -31N-0-12-240-12-1258 BEARINGS BASED 014 CITY OF FAYETTEVILLE GPS MONUMENTATION TRACT B DESCRIPTION All that certain tract or parcel of land being a part of the NW ''A of the SE 'A of Section 12, Township 16 North, Range 31 West, Washington County, Arkansas. Said tract being a portion of that same tract as described in Book 1114, Page 526 of the records of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, and being mom particularly described by metes and bounds as follows, to -wit: COMMENCING at the NE Corner of the NW ''A of the SE ''A of Section 12, Township 16 North, Range 31 West, Washington County, Arkansas. THENCE - South 02° 15' 40" West 444.07 feet with the east boundary line of said "40"; THENCE - North 88° 36' 31" West 15.00 feet to a 'A" Iron Pin found for the POINT OF BEGINNING. Said point being on the west right-of-way line of Rupple Road. THENCE - South 02° 15' 40" West 206.89 feet with said right-of-way line to a 5/8" Iron Pin set; THENCE - North 87° 48' 12" West 422.06 feet to a 5/8" Iron Pin set on the oast boundary line of THE MEADOWLANDS PHASE 1 AND 2 subdivision; THENCE - North 02° 12' 43" East 200.96 feet with said east boundary line to a 'A" Iron Pin found; THENCE - South 88° 36' 31" East 422.28 feet to the POINT OF BEGINNING. The above described property having been surveyed by Bart L. Petray, contains 1.98 acres of land, mom or less. PLAT BOOK PAGE 499 CHECKED BY: 5 m aS DATE MAY 30. 2003 FIELD CHECKED: BLP r 2 I- §i U JUN. 24. 2003 JULY 2. 2003 Z r O • 1la in < WN g �z 2 N< 0 zw Z a< ix Z La 1A 7 J W i W Z ta 0 3 W s ▪ ti W .� Pa H 2 U € SHEET NO. 1 1 1 PROJECT: