HomeMy WebLinkAbout113-03 RESOLUTIONRESOLUTION NO. 113-03
A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE
CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND
PAUL MARINONI, JR. AND SUELLEN MARY MARINONI IN
AN AMOUNT NOT TO EXCEED FORTY-THREE THOUSAND
FOUR HUNDRED DOLLARS ($43,400.00) FOR THE PURCHASE
OF APPROXIMATELY SEVENTY (70) FEET OF RIGHT-OF-WAY
FOR THE EXTENSION OF BROYLES ROAD AND TO OBTAIN
PERMANENT AND TEMPORARY EASEMENTS FOR THE
CONSTRUCTION OF SEWER LINES TO THE NEW
WASTEWATER TREATMENT PLANT; AND APPROVING A
BUDGET ADJUSTMENT IN THE AMOUNT OF SEVENTY-EIGHT
THOUSAND FOUR HUNDRED DOLLARS ($78,400.00) FOR
SAME.
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 Paul Marinoni, Jr. and Suellen Mary Marinoni in an amount not
to exceed Forty -Three Thousand Four Hundred Dollars ($43,400.00) for the
purchase of approximately seventy (70) feet of right-of-way for the extension of
Broyles Road and to obtain permanent and temporary casements for the
construction of sewer lines to the new Wastewater Treatment Plant. A copy of
the contract is attached hereto marked Exhibit "A" and made a part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a budget adjustment in the amount of Seventy -Eight Thousand
Four Hundred Dollars ($78,400.00) for same.
PASSED AND APPROVED this 51h day of August, 2003.
SONDRA SMITH, City Clerk
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
2. Purchase Price: Subject to the following conditions, the City of Fayetteville shall pay for the property at
closing, $40.000.00 for Tract 'A' to be used as right of way of Broyles Road, $11,700.110 for Tract 'B'
which is a 15 -foot permanent Water/Sewer Easement, AND $1,700.00 for Tract OC" which is a 30 -foot
Temporary Construction and Grading Easement for a total cash payment of 400.00.
3. Contingent Earnest Money Deposit: The City of Fayetteville will tender a check for $ 800.00 to Paul
Marinoni, Jr. and Suellen Mary Marinoni , as earnest money, which shall apply on the purchase price of
this property within three weeks of the acceptance of this offer by Paul Marinoni Jr. and Suellen Mary
Marinoni. 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 retumed to the City of
Fayetteville by Paul Marinoni. Jr. and Suellen Mary Marinoni . If title requirements are not fulfilled or Pau
Marinoni. Jr. and Suellen Mary Marinoni 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 dose
this transaction, the earnest money may, at the option of Paul Marinoni. Jr. and Suellen Mary Marinoni ,
become liquidated damages to Paul Marinoni. Jr. and Suellen Mary Marinoni.
4. Conveyance will be made to the City of Fayetteville by general Warranty Deed, except it shall be subject to
recorded instruments and easements, it any, which do not materially affect the value of the property. Such
conveyance shall include mineral rights owned by Paul Marinoni. Jr. and Suellen Mary Marinoni.
5. Paul Marinoni. Jr. and Suellen Mary Marinoni shall fumish a policy of title insurance in the amount of the
purchase price from a title insurance company as selected by the City of Fayetteville. The City of
Fayetteville and Paul Marinoni. Jr. and Suellen Mary Marinoni shall share equally in the cost of the title
insurance.
6. Paul Marinoni. Jr. and Suellen Mary Marinoni agree(s) to allow the City of Fayetteville, if the City of
Fayetteville so desires, at City of Fayetteville's expense, to survey the property. Paul Marinoni. Jr. and
Suellen Mary Marinoni agree(s) to cure any title problems which may result from any differences between
the recorded legal descriptions of the property and the survey description. Said tide problems, N any, must
be solved prior to closing to the satisfaction of the City of Fayetteville.
7. Taxes and special assessments due on or before closing shall be paid by Paul Marinoni. Jr. and Suellen
Mary Marinoni. Insurance, general taxes, ad valorem taxes, special assessments and rental payments
shall be prorated as of dosing.
8. The closing date shall be within the U days after approval of this offer by the City Council. If such
date of closing falls on a weekend or holiday, it will be held the following working day. In the even that this
item is tabled by the City Council, then both parties agree that there shall be a limit of 4 calendar months
to complete the approval process. After that date, if it appears that dosing will not happen within the
allotted 4 months, Paul Marinoni. Jr. and Suellen Mary Marinoni and representatives of the City of
Fayetteville will meet to decide if this purchase will move forward. A new contract will not be required, at
the time, but a letter from Paul Marinoni. Jr. and Suellen Mary Marinoni will be required expressing their
desire to sell the subject property and associated easements to the City of Fayetteville, based on this Offer
and Acceptance Contract, accepted and agreed to by all parties.
9. Possession of the property shall be delivered to the City of Fayetteville on the date of closing.
10. Paul Marinoni. Jr. and Suellen Mary Marinoni hereby grant(s) 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.
OFFER AND ACCEPTANCE CONTRACT
Page 2 of 4
if. 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
Paul
Marinoni.
Jr.
and Suellen
Mary
Marinoni.
13. This agreement shall be governed by the laws of the State of Arkansas.
14. This agreement, when executed by both the City of Fayetteville and Paul Marinoni. Jr. and Suellen Mary
adno i 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.
15. This contract expires, if not accepted by Paul Marinoni. Jr. and Suellen Mary Marinoni on or before the
20 _ day of June , 2003.
16. The City of Fayetteville shall submit this fully executed Offer and Acceptance Contractto the City Council
for their approval within follyt U days of acceptance by Paul Marinoni. Jr. and Suellen Mary Marinoni .
17. NOTICE: THE CITY OF FAYETTEVILLE ASSERTS AND Paul Marinoni. Jr. and Suellen Mary
Marinoni 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 $ 800.00 EARNEST MONEY DEPOSIT.
S R:
Paul Marinoni Jr.
AGENT OR WITNESS:
City of Fayetteville, Arkansas,
A municioel corooration
Date: — ro — (�
Date: /j.3
Date:
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• Mate:
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OFFER AND ACCEPTANCE CONTRACT
Page 3 of 4
EXHIBIT"A"
PROPERTY DESCRIPTION
Tract'A,
0
A part of the Northeast Quarter (NE'/4) of the Southeast Quarter (SEI.) of Section 11, Township 16 North, Range
31 West, Washington County, Arkansas, being a part of tract described in Book 658, at page 317 of the records of
the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, and being more particularly described
as follows, to -wit Beginning at a 1minch pipe found for the Southeast (SE) comer of the NEI4 of the SE'/4 of said
Section 11, Township 16 North, Range 31 West thence North 87'31'55" West 70.00feetwilhlhesouth boundary
line of said NE'/4 of the SE A to a 5/8 inch set iron pin; thence North 02 23'15" East 1251.63 feet parallel with the
east fine of said NEI4 of the SEI/4 to a 5/8 inch set iron pin; thence along a curve to the left having an arc length of
47.08 feet a radius of 30 feet, and a delta angle of 89055'03" to a 5/8 inch set iron pin on the south right of way line
of Wedington Drive, thence South 87031'48" East 99.96 feet with said right of way to an Iron Bar found on the
above mentioned east line of the NEI4 of the SEI4; thence South 02°23'15" West 1281.59 feet to the POINT OF
BEGINNING. The above described property, having been surveyed by Bart L. Petray, contains 2.07 acres, more or
less.
Tract *81
PERMANENT EASEMENT DESCRIPTION:
A part of the NEY4 of the SE'% of Section 11, Township 16 North, Range 31 West Washington County,
Arkansas, and being more particularly described as follows, to -wit Beginning at a point which is North
87'31'55' West 70 feet from the SE comer of the NE%4 of the SE% of Section 11, Township 16 North, Range
31 West said point being a 5/8 inch set iron pin on the West fine of the right of way of the proposed extension
of Broyles Road; thence along the West right of way fine of the proposed Broyles Road North 02023'15' East
1251.63 feet to a curve to the left having a radius of 30 and a chord bearing and distance of North 28005'48'
West 29.57 feet; thence parallel to the East line of the forty acre tract, South 02'23'15' West 1277.09 feet to
the south fine of the above described forty acre tract thence South 87'31'55' East 15.00 feet to the point of
beginning, containing 19,044 square feet or 0.44 acre, more or less,
Tract *C'
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION.
A part of the NE'/4 of the SE'/4 of Section 11, Township 16 North, Range 31 West more partic dart' described
asfollor", to -wit Beginning ata point which is North 87'31'55' West 85 feet from the SE comer of the NE'%
of the SE'/4 of Section 11, Township 16 North, Range 31 West thence running parallel to the proposed West
right of way line of Broyles Road along the West line of a permanent 15 -foot Water/Sewer Easement North
02°23'15' East 1277.09 feet to curve to the left having a radius of 30 feet and a chord bearing and distance
of North 70'50'22' West 15.67 feet thence North 87°31'55' West 15.00 feet along the south right of way of
Wedington Drive, thence South 02023'15' West 1281.59 feet to the south fine of the above described forty
acre tract thence South 87031'55' East 30.00 feet to the point of beginning, containing 38,427 square feet
or 0.88 acre, more or less,
SIGNED FOR IDENTIFICATION:
C
om! Date: l /
0 - o - 03
Paul Marmoni, Jr. 6 — ;z O ^ O 3
Date:
Date: 4?//V&,?)
�4\
OFFER AND ACCEPTANCE COTRACT •
Page 3A of 4
EXHIBIT "B"
ADDENDUM TO OFFER & ACCEPTANCE CONTRACT
City of Fayetteville, Arkansas — Paul Marinoni, Jr. & Suellen Mary Marinoni
The City of Fayetteville agrees to the following:
• The five -strand barb -wire fence line acting as the property line running
between your property and Mr. Sherwood's on the East side, will remain
undisturbed.
• The City or its contractor and/or assigns will place a temporary fence of 5 -
strand barbed wire and steel T -posts, at the West line of the temporary
construction easement acquisition area. This fence will be sturdy enough to
hold cattle for an extended period of time.
• At the end of construction of the street right-of-way and the proposed future
sewer line, the City or its assigns will be responsible for placing a permanent
fence on the West line of the 70 -foot right of way of Broyles Road.
These requirements will be given to the contractor when the construction contract for this
project is awarded and will be made a part of the contract.
•
OFFER AND ACCEPTANCE CONTRACT
Page 4 of 4
STATE OF ARKANSAS
%%��
COUNTY OF '"`4TW-
ACKNOWLEDGMENT
SS.
C�
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 Paul Marinoni, Jr. and Suellen Mary Marinoni,
husband and wife, to me well known as the persons who executed the foregoing document, and who stated and
acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and
purposes therein mentioned and set forth.
WITNESS my hand and seal on this ILIA day of , 2003.
MYYC/COMMISSION EXPIRES:
"(_- 3D0y
STATE OF ARKANSAS
COUNTY OF Ben-; t pk<
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 Dan Coody and Sondra Smith, to me well
known as the persons who executed the foregoing document, and who stated and acknowledged that they are the
Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in
their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal
corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument
for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this -161 'AL day of Ju -A-=' , 2003.
MY COMMISSION EXPIRES:
HOLLY F. JONES
NOTARY PUBLIC, STATE OF ARKANSAS
My COMMISSION EXPIRES 0&01-2008
BENTON COUNTY