HomeMy WebLinkAbout27-03 RESOLUTIONRESOLUTION NO. 27-03
A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE
CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND
OZARKS ELECTRIC COOPERATIVE CORP. FOR THE SALE OF
THREE (3) ACRES OF LAND LOCATED AT THE GULLEY ROAD
WATER TANK SITE FOR THE AMOUNT OF ONE HUNDRED
FIVE THOUSAND DOLLARS ($105,000.00), PLUS PAYMENT FOR
SPECIFIC COSTS ASSOCIATED WITH THE PREPARATION OF
SAID PROPERTY.
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 Ozarks Electric Cooperative Corp. for the sale of Three (3) acres
of land located at the Gulley Road Water Tank Site for the amount of One
Hundred Five Thousand Dollars ($105,000.00), plus payment for specific costs
associated with the preparation of said property. A copy of the contract marked
Exhibit "A" is attached hereto and made a part hereof.
PASSED AND APPROVED this 18th day of February, 2003.
ATTEST:
By: Lt[e(ug' M
SONDRA SMITH, City Clerk
APPROVED:
By:
FAYETTEV1 LLE
THE CITY OE FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
DATE• January 15, 2003
TO: Fayetteville City Council
•
THRU: Dan Coody, Mayor
Hugh Earnest, Chief Administrative Officer
Greg Boettcher, Water and Waste Water Director
Tim Conklin, Planning and Engineering Interim Directo4:L'
FROM: Ed. Connell, City Land Agent IS
RE:
Ozarks Electric Cooperative, Inc.
3 0 Acre Land Purchase
Gulley Road Water Tank Site
On December 21", 2002, the Fayetteville City Council took under consideration the possible
sale of 2.0 acres from the City's 12.0 acres elevated water tank site on Gulley Road. The
attached brief memorandum is included for your reference and background on requirements of
Ozarks Electric.
As a result of discussions with the neighbors in this area, the City and Ozarks Electric agreed
to expand the acreage from two to three acres so as to provide additional buffer for those living
close. Additionally, the City Council requested a tour of some Ozarks electric power
substations to determine the noise levels surrounding the substation sites.
The City has had an independent appraisal of the 12 0 acre property, which determination
indicated a value of $35,000/acre. The same per acre value would apply to 3.0 acres as well
as 2.0 acres, thus a value of $105,000 would apply to the proposed 3.0 acre site. We are
advised that the sale of the back three acres of this property will not affect future plans of the
City.
The City has again advertized this possible sale in the local newspapers and certified mail has
been sent to adjoining neighbors. A poster has been placed, for 30 days, at the entry to the
water tank site. The monies from this sale will be directed to the Trustee of the Water & Sewer
System bond issue.
We do believe that the sale of this land to Ozarks Electric is a prudent move on the part of the
City, as the opportunity may not otherwise present itself for a long time.
Included is a proposed Warranty Deed for this transaction which places a restriction on the use
of the land. Such limits the use to a electrical substation and buffer zone and any continued
non-use of the land for this purpose shall give to the City the right of first refusal at a market
value price as determined by an independent appraiser.
FAYETTEN41 LLE
THE CITY OF FA`EETTEVILLE. ARKANSAS
•
DEPARTMENTAL CORRESPONDENCE
DATE: December 2, 2002
TO: Fayetteville City Council
THRU: Dan Coody, Mayor
Greg Boettcher, Director of Public Works
David Jurgens, Water/Sewer Maintenance superintendent
Jim Beavers, City Engineer
FROM: Ed Connell, City Land Agent,
RE: Ozarks Electric Cooperative, Inc.
2 0 Acre Land Purchase Request
Gulley Road Water Tank Site
By virtue of the attached letter from Mr. James Crownover, Manager of Contract Documents, of
Ozarks Electric Coop, the City of Fayetteville has been requested to consider the sale of 2 0+ acre
tract of land from the City's 12 0 acre elevated water tower site on Gulley Road in Washington
County. After proper assessment, the City staff have determined that an area of 2.0 acres (220 ft
x 396 ft.), at the West end of this 12 0 acre site, would not be used by the City since the elevation
is below that required for any elevated or ground storage tanks of the future Ozarks Electric has
indicated that they wish to locate a power sub -station at that location.
In 1998-99, the City purchased a 12.0 acre site such that an elevated water tower could be
installed. Current and future water storage (3 eventual tanks) will require approximately 6.0 acres,
including driveways, thus the front 4.0 acres and the back 2.0 acres are available for other
purposes. The City paid $240,000 for this property in 1998. Sale of the back 2.0 acres to Ozarks
will require a perpetual right of ingress and egress across city property since that two acre site is
land locked. We have not tried to specify such access in legal terms since the city may, in the
future, want to change location of the current road.
Considering the entities, the sale of this property will be under provision H of Ordinance 4358.
The City has had the 2 0± acre property independently appraised (a copy of the cover sheet is
attached) with the value being placed at $ 35,000 per acre. Ozarks Electric has submitted an Offer
and Acceptance document for the 2 0 acre tract for $70,000. The City Administration has
executed the document conditioned upon Council approval.
Fayetteville City Council •
Ozarks Electric Cooperative
Land Conveyance
•
In compliance with the ordinance requirements, please find attached copies of
1. 30 day notice of sale by:
a) Certified Mail, retum receipt letter to all immediately adjacent property owners.
Same letter to all owners listed hereafter, all of which certified receipt.
b) Copy of the information posted (on November 7, 2002) on an entrance sign
to the 12 0 acre site
tem.ic) Affidavi} of display advertisement ine local newspapers, rash with one
insert.
The detailed appraisal is available if you so desire. The Council is hereby requested to consider
the overall public service needs for the area in approving or disapproving the contract that has
been signed by the City and Ozark Electnc Cooperative.
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Box 848
Fayetteville. Arkansas 72702-0848
(479) 521-2900
June 19, 2002
The Honorable Dan Coody
Mayor of Fayetteville, Arkansas
113 West Mountain
Fayetteville, Arkansas, 72702
Dear Mayor Coody:
CoPft fig:
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1 have been discussing with several of your staff the possibility of Ozarks Electric purchasing a portion of the
property owned by the City at the water tower site on Gulley Road north of Highway 45. As a consequence, 1
have received a copy of City Ordinance No. 4358, establishing a formal process for the sale of municipally
owned real property. Ozarks Electric Cooperative Corporation is interested in purchasing that portion of the
Gulley Road Water Tank property identified as Tract 5, together with an access easement along the existing
driveway. I am enclosing a sketch of the property involved, indicating Tract 5. As a public entity, we would
qualify for the exemption in Section l(H)(2) of Ordinance 4358.
As you are well aware, this area of the City has grown significantly in recent yeah and it is important that
Ozarks Electric maintains its quality of service to our existing members while providing capacity for new
consumers. Therefore, it has become necessary for us to seek property in the area in order to be able to meet
those demands. Tract 5 is adjacent to our 69kV line and would be an ideal location for us. Conversations with
several of your staff have indicated that tbere is a good possibility that the property can be sold without
adversely affecting City plans.
This is a formal request that the City consider the sale of this property to Ozarks Electric. 1 understand that
there is some contesting of the property lines on the north and south sides of this tract, and I am confident that
Ozarks Electric can resolve these issues with the respective property owners to their satisfaction without
adverse reflections on the City.
Your earliest consideration of this matter would be greatly appreciated. We would also request that this
matter be kept confidential as much as possible so that Ozarks Electric would not be placed at a disadvantage
in seeking other property if the City decides not to sell this property.
If you have any questions, please feel free to contact me.
Sincerely,
James D. Crownover,
Manager of Contract Documents
OFFICES IN: SPRINGDALE, AR STILWELL, OK WESTVILLE, OK
05/03/2002 08:33 501-5202
261
ENGINEERING C.0• PAGE 03
Fence line
t0 a WestafROW
i
SW Corner
9&3829-17-29
Total Acres: 12.00
30 R Gulley Road
ROW
Title: Carolyn Hicks= Prop: Proposed Gulley Rd City Water Tank
Date: 03-20-1998
Seale: 1 inch — 200 feet
File: GULY-TNKWMF
Traci 1: 12.000 Aril 485612 Sq Maes No deot0eant donne erra.: Perimeter a 3432 feet
Tred 2. 0273 Aad 11880 Sq Fee 1 03.7 Sq Maas No ogmfieart closure aaa.: Perimeter 852 Set
Tat 3. 0.091 Aaec 3960 Sq Poet 367.9 Sq Meted No signihemt deme tam.: Perimeter 812 feet
Tract 4: 5.183 Aad 225750 Sq Feet 20972.8 Sq Matt No sig2lfioaor donne mor.: Yersinia a 2902 feet
Trait 5: 2A09 Aare 104940 Sq Fac 97492 Sq Maas No significant dormer mer.. Perimeter al 1322 fen
Toa 6: 4.408 Aad 192030 Sq Foe- 17640.2 Sq Meters No significant dolma error. : Perimeter' 1802 ted
Tact 7. 0.000 Aad 0 Sq Fee: 0.0 Sq Maas Closure a a00.0000w 396.00 feet Predt=1/ 1: Perimeter a 396 Set
001='N0109/ 396 013•0590.0F 10 02500.110.009/ 396
002+Rg90.0W 1320 014='N0.009/ 396 0266'S90.0E 265
003.'-50.00E 396 013@1 027,41
o04="5900E 1320 o16°01482.00w 50 028=1530.00W 50
00S0@1 017=1490.0W 555 029414900W 555
0064'R'10.00W 396 0181r140.009/ 346 030d/4 00W 346
007="260.0W 30 019-03490.0W 500 031490.0E 555
009.'50.009 396 020-450.00E 396 032=30.00E 346
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011°9N90.09/ 10 023''50.00E 396
0122080.00E 396 026320N90.OW 265
•
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Gulley Road Water Tank Site North
1"=500'
FAYETTEVILLE_..
INE CITY OF FAYUIENUE. ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, Assn an ATTORNEY R E 0i EP, -,r'„ D
DEPARTMENTAL CORRESPONDENa
1 5 2002
CITY OF FAYETT CVILLE
MAYOR'S OFFICE
TO: Dan Coody, Mayor
City Council
Greg Boettcher, Public Works Director
FROM: Kit Williams, City Attorney
DATE: August 15, 2002
RE: Sale of municipally owned real property
•
LEGAL DEPARTMENT
Ozarks Electric Cooperative Corporation, a non-profit consumer
owned corporation, needs to purchase about two acres of city owned
land near our Gulley Road Water Tank north of Highway 45 East in
order to build an electrical substation near its existing transmission
line
Early in 2002,you passed Ordinance 4358 entitled An Ordinance
Amending Chapter 34; Finance and Revenue, of The Code Of
Fayetteville To Establish A Formal Process For The Sale Of
Municipally -Owned Real Property. The exemptions subsection is
quoted below:
" (1-1) Exemptions From The Requirements Of This
Ordinance.
"(2) The sale of real property to other public entities
or to a non-profit corporation for charitable purposes
shall only require a single appraisal, a single display
•
AUG -14-2002 WED 10 01 An •
IUN-07-2222 12 17
ORDINANCE NO. 4358
. u'
P.01
MICR O ILM D
AN ORDINANCE AMENDING CHAPTER 34: FINANCE AND
REVENUE, OF THE CODE OF FAYETTEVILLE, TO ESTABLLSH A
FORMAL PROCESS FOR THE SALE OF MUNICIPALLY -OWNED
REAL PROPERTY.
WHEREAS, front time to time, the City of Fayetteville finds it
necessary and desirable to offer for sale certain parcels of real property in
its possession; and,
WHEREAS, the sale of any such municipally -owned real property
is a matter of great importance and concern to the citizens of the City of
Fayetteville;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PAYETTEVILLE, ARKANSAS:
Section 1. That Chapter 34: Finance and Revenue, Code of Fayetteville is
hereby amended by inserting the following:
13427 Sale of municipally -owned real property.
(A) No municipafy-owned real property shall be offered for sale without the
express authorization, by resolution, of the City Council The City Council shall
determine whether the property should be rezoned prior to offering it for sale.
(B) Such resolutions shall contain a specific finding by the City Council that the
subject real property no longer serves a municipal purpose.
(C) Two (2) simultaneous and independent appraisals of the real property shall be
obtained by the City for the Council's consideration, dated within six (6) months of the
proposed sale.
(D) Public notice shall be given not less than thirty (30) calendar days before the first
City Council meeting at which such a resolution is introduced, by all of the following
means:
(1) A conspicuous display advertisement placed in a newspaper of general
circulation in the City, on at least four (4) septate occasions;
(2) Certified mall, retunt receipt requested, to all adjacent property owners;
(3) Signs, prominently displayed, and at all approaches to the subject real
property, announcing that the City Council will be considering the sale of the real
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Ord. 4358
property, the date on which the sale is to be debated, as well as the telephone number of
the Mayor's Office.
(2) Upon an affirmative vote of the City Council. the City shall solicit sealed bids,
ata elidan= price set by the City Count, from all interested parties. Bids must equal
or exceed the minimum price set by the City Council and the appraised value of the
property'
(P) The City shall sell the subject real property to etre highest qualified bidder. In
the event none of the bids from a qualified bidder equals the minimum price set by the
City Connell, the City shall reject all bids, and may reopen the bidding, upon City
Council approval.
(0) Upon receipt of an acceptable bid, and authorization by a separate resolution of
the City Council, the conveyance of the real property shall be performed by the Mayor
and City Oak
(0) Exemptions from the Requirements of this Ordinance.
(1) The sale of industrial park business park, and tectumology park lnnds are
expressly exempt from the provisions of this ordinance.
(2) The St of reel property to other public entities or to a nonprofit
corporates% for charitable purposes shall only require • single appraisal. a single display
advertisement placed in a newspaper of general circulation in the Qty, the certified mail
and sign requirements set forth in subsections (D) (2) k (3). Following the ratting of a
minimum price by the City Comhdi no lower than S appraised value, tete public entity
or non-profit corporatism nay purchase the property at that price, and the sale shall be
exempt from the provisions of subeeedons (H), (P), 4 (G) of this ordinance.
PASSED AND APPROVED this 2M day of January, 2002.
APPROVED:
By:
ATTEST:
By1�nit p_ci a
WOODR , Qty clerk
TOTAL P.ii2
•
PROJECT
COUNTY
PARCEL 11
LOCATION
FEE OWNER
ADDRESS
ESTATE APPRAISED
•
APPRAISAL REPORT
FOR
CITY OF FAYETTEVILLE
Complete Summary Appraisal Report
City Land Sale to Oaks Electric Cooperative
Washington
001-15581-000
Fat Gully ltd., Fayetteville, Alt
City of Fayetteville
113 W. Mamtam St, Fayetteville, Alt 72701
Fee Simple
AREA OF SUBJECT PROPERTY 2.017 ass or 88,860 sq.&
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY:
Land
Improvemmts (None)
Taal
571,000
S o
571,000
FAM MARKET VALUE OF SUBJECT PROPERTY
As of the it of October 2002
ALLOCATION OF FAIR MARKET VALUE OF SUBJECT PROPERTY
Fee Simple 2112 ass ®535,00Naae
Trees Indudad in Fee Simple Tad Value
Improvemaro: Nene
Total land Trots, & Improvements
Taal Value
- S70,595 Say 571,000
$ 0
$ 0
571,000
p- red(G<A tb 7.0 4a "1 r1� Oce
e ifS pa,
• Appraised valor assumes the subject site on legally be split from the parent tract
ATTACHMENTS:
X Cati6®te of Appraiser
PhaogtNhs
X Site, H&B the Na wive
c Ls* Desaipeim
Minket Data Approach
X Phil Map'Stn vey
Tax Assessment Card
571,000
Say 571,0006
Mark E. Risk G
oy�y� ej.9 Ak.;i,,,
*
a NO. C.322,' n:
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Northwest Arkansas Times/ Democrat Gazette—
Fayetteville Moming Newa
For Thursday, Nov. 7, 2002
(City of Fayetteville Logo)
PUBLIC NOTICE
The City of Fayetteville is owner of 12.0 acres, located on Fat Gulley Road in
Washington County, and includes a elevated water tank which is positioned about 800
feet West of the road. Ozarks Electnc Cooperative has requested the City to sell the
west 2 0 acres of this tract, located approximately 1,100 feet west of Gulley Rd. The
City does not anticipate the utilization of this portion of the 12 0 acres tract. According
to their stated plan, Ozarks wish to install an electnc substation at this location. .
Value of the 2.0 acre tract has been appraised at $35,000 per acre.
The Fayetteville City Council will have this proposal on the agenda dunng their regular
meeting of December 17, 2002 at 113 W. Mountain Street, beginning at 6:30 pm. The
public will have an opportunity to comment regarding this possible sale at that meeting
and are invited to attend.. If unable to attend, please phone your comments to the
Mayor's Office at 575-8330.
NORTHWEST ARKANSASEDITION
Arkansas Democrat...(r a ette
AFFIDAVIT OF PUBLICATION
�� C I
1, Q ILL ,d l I nd , do solemnly swear that I am
Lega Clerk of the Arkansas Democrat -Gazette newspaper, printed and
published in Lowell, Arkansas, and that frdm my own personal knowledge
and reference to the files of said publication, the advertisement of:
K'Duct was inserted in the regular editions on
ID, (DR . I
•• Publication Charge: $ 1-4( q_
Subscnbed and swom to before me this
day of finU , 2002.
•' Please do not pay from Affidavit
An invoice will be sent.
RECEIVED
NOV 1 3 2002
CITY
CLERICS �
• PUBIjc NOTICE r'
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919 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVIl1F, ARKANSAS 72702 • (501) 442-1700
•
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MONDAY,• NOV.:11; 2062:
F ;THE MORIJING'Nl �?US>3/�r;
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M e City of It.; is owner ofj 12 Wacres io�cated
on,Fat Gulleyi Road in waslungton uounty,,arid includes.
:ii elevated watec.tankiwhich is,posinbnedabout 800�feet'
west of the goad l`Ozarks Elects f Cooperaitve Chas
requested the Cray to �e}1ihe westQ. acres of4thIs tract :
Rocaaed approxunately 1;100 feetfw . t of4GulleylRd. The,
Citysdces not `anLctpatithe utilization of tlus<poruon.of:
?;'q `0 'acreI; :-.• - �'Accordmg ttie: then 'stamed� plan
Ozark s;wishao ... -- <-, ?. tn•. S 1 stauom.at, thus lova.
aon�' j /alue�of the 2 O acre tract lies been appraised a • t •
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!$35;000'�per acre u ' c ' ` `t ' 71:;!:::141 j .11 1
T�.J2,`,Y,dl� t Hiy'I ` 74 �. Y: I'....I .: • n:
TIic;Fayettevill'cCity C6unci1.wiIrhaverttiis.proposal'on
the agendardunng•thea regular nieeung ofiPecember 17;
-.2002:•at 113;WaMounttain Street b• •.::ng;at.'-,16",..1,.1.(6)..-..m.;F.
r Tile;public will-haveia• -. — - ortumryrto _comment regard
ri' t1us, ssibee sale a• t'that meeupg and are mv[ted!,,. .
g;t po r:,: I o .,
attend if unable to+attend, please:phlone yourrcomments
sto¢Iie Mayorws fficerat575 8330:1 i
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FAYETTEeILLE
THE CT' OF FAYETTEVIIE ARKANSAS
•
November 6, 2002
Mr. and Mrs. Earnest Jacks
14 Greenbriar Street
Fayetteville, AR 72703
CERTIFIED MAIL
RE: City Water Tank Property on Gulley Road
Sale of 2.0 acres to Ozarks Electric Cooperative
Dear Mr. and Mrs Jacks;
Ozarks Electric Cooperative, Inc. has made a request to the City of Fayetteville for the
purchase of the west 2 0 acres of the 12 0 acre Gulley Road Water Tower property in
Washington County. Ozark Electric has indicated that this site would be used to construct an
electrical substation since their power line system adjoins this property to the West.. The sale
would involve the west 220 feet of the City tract, with ingress and egress via the existing water
tower drive from Gulley Road. This transaction will be on the agenda of the Fayetteville City
Council meeting, which starts at 6:30 p.m. at the City Administration Building on December 17,
2002.
City Ordinance 4358 requires the direct certified mail (return receipt) notification of all
adjoining property owners to ensure that any concerned citizens are aware of the possible
transaction. Included herewith is the text of the Public Notice sign placed at the gate of the City
property on Gulley Road. A representative of Ozarks Electric is expected to attend this above
noted City Council meeting to answer questions regarding their plans for this property.
If you have comments on this possible sale, you are invited to attend the Council
meeting of December 17th or you may contact the Mayor's office at 575-8330
113 WEST MOUNTAIN 17701 479.621-7700
FAX 4794760257
Sincerely,
Edward D. Connell
City Land Agent
•
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Gulley Road Tank Srte Adjacent Property Owners -as -of October 30, 2002
Parcel No. Name & Address
1. 001-15580-000 Eamest and Leneta Jacks, Co -Trustees
14 Greenbnar Street
Fayetteville, AR 72703
442-8453
2. 001-15583-000 John Darrel Ginger, et al, Trustees
001-15584-000 3241 N. Gulley Road
001-15496-000 Fayetteville, AR 72703
521-8990
3. 001-15579-000 Gaddy Investment Company
340-01527-001 P. O. Box 309
Fayetteville, AR 72701
4. 340-01527-000 Keith and June Ekenseair
4771 Bridgewater Lane
Fayetteville, AR 72703
582-4743
5. 001-15495-000 Brian and Melissa Reindl
3292 N. Gulley Road
Fayetteville, AR 72703
6. 001-15495-001 Malcom and Ellen Hayward
3200 N. Gulley Road
Fayetteville, AR 72703
443-1562
7. 001-15495-002 Rrckre and Nancy Porter
3278 N. Gulley Road
Fayetteville AR 72703
8. 001-15495-003 Tr # 1
Gary and Angela Lehren
• 5140 Wmgfoot
Fayetteville, AR 72703
521-3658
9. 001-15495-003 Tr#3
Edgar and Janet Clausen
5137 Wrngfoot
Fayetteville, AR 72703
443-1688
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THE CITY OF FAYEfTEV ISE,
November 6, 2
Mr. and Mrs. E,
14 Greenbnar;
Fayetteville, Al
RE: City Wal
Sale of
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A MAIL RECEIPT
'Mail Only; No Insurance Coverage Provided)
1 LE, AC 7'03A L
F•u
IT) I 020.
7 1
7:02P{ Y
ZZ7XVX
4.42 11/07/02
r. and Mrs. Eamest Jacks
4 Greenbriar Street
-ayetteville, AR 72703
00
E he City of Fayetteville for the
ter Tower property in
would be used to construct an
electrical substation since their power line syse„m adjoins this property to the West.. The sale
would involve the west 220 feet of the City tract, with ingress and egress via the existing water
tower drive from Gulley Road. This transaction will be on the agenda of the Fayetteville City
Council meeting, which starts at 6:30 p.m. at the City Administration Building on December 17,
2002.
City Ordinance 4358 requires the direct certified mail (return receipt) notification of all
adjoining property owners to ensure that any concemed citizens are aware of the possible
transaction. Included herewith is the text of the Public Notice sign placed at the gate of the City
property on Gulley Road. A representative of Ozarks Electric is expected to attend this above
noted City Council meeting to answer questions regarding their plans for this property.
If you have comments on this possible sale, you are invited to attend the Council
meeting of December 17th or you may contact. the Mayor's office at 575-8330
113 WEST MOUNTAIN 72701 479421-7700
FAX 479-6764257
Sincerely,
le
dward D. Conne
City Land Agent
OFFER AND ACCEPTANCE CONTRACT
1. That Ozarks Electric Cooperative Corp., an Arkansas corporation , hereinafter referred
to as the Buyer, offers to buy, subject to the terms and conditions set forth herein, the
following described property:
A part of the Southeast Quarter (SE%) of the Southeast Quarter
(SE%) of Section Twenty-nine (29) in township Seventeen (17)
North of Range Twenty-nine West, being more particularly described
as follows: Beginning at a Point on the West line of the Southeast
Quarter (SE%) of the Southeast Quarter (SE%) of said Section 29
which is North 02° 34' 16" East 396 feet from the Southwest comer
of said forty acres tract; thence South 87° 30' 11" East 330.0 feet;
thence North 02° 34' 16East 396.0 feet; thence North 87° 30' 11"
West 330.0; thence South 02° 34' 16" West 396.0 feet to the Point
of Beginning, containing 3.00 acres, more or less, and being subject
to rights of way and easements of record,
2. Purchase Price: Subject to the following conditions, the Buyer shall pay for the property
at closing, the total and cash only payment of $105.000 .
3. Contingent Earnest Money Deposit The Buyer herewith tenders a check or money
order for $_100.00. to the City of Fayetteville, Arkansas, a municipal corporation,
hereinafter referred to as the Seller, as earnest money, which shall apply on the purchase
price. Buyer is aware that this offer to sell 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, if any, will be returned to the Buyer by the Seller. . If title requirements are not
fulfilled or the Seller fails to fulfill any obligations under this contract, the earnest money
shall be promptly refunded to the Buyer. If the Buyer fails to fulfill his obligations under
this contract or after all conditions have been met, the Buyer fails to close this transaction,
the earnest money may, at the option of the Seller, become liquidated damages to the
Seller. Alternatively, the Seller may assert legal or equitable rights which it may have
because of breach of this contract.
4. Conveyance will be made to the Buyer by Warranty Deed and such deed shall be subject
to recorded instruments and easements, if any. Such conveyance shall include any and
all rights owned by the Seller.
5. 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 Seller. Buyer and Seller shall share equally
in the cost of said title insurance.
6. Seller agrees to allow Buyer, if Buyer so desires, at Buyer's expense, to survey the
property. The subject property described in this document is within Washington County
and is subject to lot split requirements and large scale development requirements of both
the County and the City. Seller agrees to survey and stake the corners of this proposed
property. Said staking shall be at Buyer's cost when completed and payable when
invoiced. If this property acquisition is completed, Buyer will be credited for such survey
cost at the time of closing. Seller further agrees to cure any title problems which may
result from any differences between the platted or 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.
r • •
OFFER AND ACCEPTANCE CONTRACT
Page 2 of 4
7. Taxes and special assessments due on or before closing shall be paid by the Seller.
Insurance, general taxes, ad valorem taxes, special assessments and rental payments
shall be prorated as of dosing. Buyer shall pay all costs associated with the
requirements of City Ordinance No. 4358 for the sale of public lands, including the cost
of appraisal, advertizing, certified mail to adjoining property owners, and any other costs
associated with the conveyance and transfer of this land not otherwise addressed in this
document.
8. Buyer and their successors or assigns shall have a perpetual right of ingress and egress
on and over the hard surface roadway' of the Seller, currently running from Gulley Road
to the existing water tank site. Buyer shall have the further right to construct a ' hard
surface drive' from the existing roadway to the Buyer's proposed property.
9. Buyer agrees to repair or compensate Seller for any damages to the existing hard surface
roadway that occurs as a result of Buyer's construction activities at the Buyers proposed
property. The existing hard surface roadway, when restored as may be required, and
constructed hard surface drive by the Buyer, shall be called the' Common Roadway".
Buyer and Seller shall share equally in the maintenance of the common roadway.
10. If future improvements by the Seller require the relocation of the common roadway, such
relocation shall all be at Seller's cost.
11. The dosing date shall be within Sixty (60) days after approval of this contract by the
Fayetteville City Council or within Thirty (30) days after approval of a lot split on the
property described herein by the Fayetteville Planning Commission, whichever occurs
latest.
12. Closing costs, except for those heretofore mentioned, shall be shared equally between
Buyer and Seller.
13. Possession of the property shall be delivered to the Buyer on the date of dosing.
14. 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.
15. All fixtures, improvements and attached equipment are included in the purchase price.
16. Risk of loss or damage to the property by fire or other casualty occurring up to the time
of dosing is assumed by the Seller.
17. Seller shall disclose to Buyer any and all environmental hazards of which Seller has
actual knowledge.
18. Seller shall secure a lot split from Fayetteville and Washington County Planning
Commissions. Such lot splits will be secured prior to the date of closing on the described
property. This lot split is totally independent of the requirement of large scale
development and does not imply that an application has been made by the Seller.
19. This agreement shall be governed by the laws of the State of Arkansas.
OFFER AND ACCEPTANCE CONTRACT
Page 3 of 4
20. 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.
21. This contract expires, if not accepted by the Administration of the Seller, on or before the
18'" day of February , 2003.
22. The property, as described herein, shall be sold on a as -is basis, with no actual
or implied guarantees other than those set forth in this document.
23 NOTICE: SELLER ASSERTS AND BUYER HEREBY ACKNOWLEDGES THAT THIS
CONTRACT IS EXPRESSLY CONTINGENT UPON THE APPROVAL OF
THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS, 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 $ 100.00 EARNEST
MONEY DEPOSIT.
BUYER:
OZARKS ELECTRIC COOPERATIVE CORP.
BY:
Date:
IC
ATTEST:
Date:
Title
SELLER:
City of Fayetteville, Arkansas
A municipal Corporation
BY:
Date:
Dan Coody, Mayor
ATTEST::
Date:
Sondra Smith, City Clerk
OFFER AND ACCEPTANCE •
CONTRACT
Page 4 of 4
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
and , to me well known as the persons who executed
the foregoing document, and who stated and acknowledged that they are the
and . duly authorized to execute the
foregoing instrument for and in the name and behalf of Ozarks Electric Cooperative Corp., 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 day of , 2003.
MY COMMISSION EXPIRES:
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
Notary Public
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 person 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 day of , 2003.
MY COMMISSION EXPIRES:
Notary Public
Pn01k No. 0f11-155!1.000
MRRANTY DEED
MUNICIPAL CORPORATION
BE IT KNOWN BY THESE PRESENTS:
THAT the CITY OF FAYETFEVILLE, ARKANSAS, a municipal cor-
poration, hereinafter called GRANTOR, for and in consideration of the sum
of One Dollar ($1.00) and other good and valuable consideration, the receipt
of which is hereby acknowledged, does hereby grant, bargain, sell and
convey unto Ozarks Electric Cooperative Corporation, hereinafter called
GRANTEE, and unto Grantee's successors and assigns, the following
described land situated in the County of Washington. State of Arkansas. for
the purpose of an electrical substation and buffer zone, to -wit.
A part of the Southeast Quarter (SE'!.) of the Southeast Quarter (SE'/.) of Section Twenty-
nine (29) in township Seventeen (17) North of Range Twenty-nine West, being more
particularly described as follows: Beginning at a Point on the West line of the Southeast
Quarter (SE'/.) of the Southeast Quarter (SE%.) of said Section 29 which is North 02 34'
16" East 396 feet from the Southwest comer of said forty acres tract; thence South 87" 30'
11" East 330.0 feet; thence North 02" 34' 16" East 396.0 feet; thence North 87' 30' 11"
West 330.0; thence South 02' 34' 16" West 396.0 feet to the Point of Beginning, containing
3.00 acres, more or less, and being subject to rights of way and easements of record,
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee
and Grantee's successors and assigns, forever, so long as said lands are used for the purposes herein stated. If
said land is not continually used for the purposes stated, said Grantor shall have the right of first refusal at a cost
to be determined by an independent appraisal of said land. The said Grantor, hereby covenants that it is lawfully
seized of said lands and premises; that the same is unencumbered, and that the Grantor will forever warrant and
defend the title to the said lands against all legal claims whatever.
WITNESS the execution hereof on this day of . 2003.
CITY OF FAYETTEVILLE, ARKANSAS,
a municipal corporation
BY:
Coody, Mayor
ATTEST:
Gina Roberts. Deputy City Clerk
(Seal)
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before the undersigned, a duty commissioned and acting Notary
Public within and for said County and State. personally appeared Dan Coody and Gina Roberts. to me well known
as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor
and Deputy City Clerk of the City of Fayettevllls, 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 day of
MY COMMISSION• EXPIRES:
2003.
Notary Public
a
NAME OF FILE: Resolution No. 27-03
CROSS REFERENCE:
Item # Date Document
1
02/18/03
Res. 27-03 w/Offer & Acceptance Contract
2
02/06/03
Staff Review Form w/attachment
1/15/03 memo to City Council
copy of 12/2/02 memo to City Council w/attachments
copy of 8/15/02 memo to mayor, City Council & Greg
Boettcher w/attachments
copy of Appraisal Report
copy of Public Notice
copy of Affidavit of Publication
copy of published notice
copy of notice
copy of 11/6/02 letter to Mr. & Mrs. Earnest Jacks
copy of Gulley Road Tank Site property owners
copy of mail receipts for certified mail
copy of O&A contract
copy of proposed Warranty Deed
3
02/25/03
memo to Ed Connell
NOTES:
FAYETTEtI LLE •
THE Cl" OF cAn[TTtvILL[, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Ed Connell
Land Agent
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: February 25, 2003
Re: Res. No. 27-03
Attached you will find an executed copy of the above resolution approving an Offer and
Acceptance Contract between the city and Ozarks Electric Cooperative Corp; and a copy of the
contract.
The original O&A
contract will be microfilmed
and filed with the city clerk's office.
If anything else
is needed please
let the clerk's office know.
/cbp
cc: Nancy Smith, Internal Auditor
STAFF REVIEW FORM • 50
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of February 18, 2003
FROM:
Ed Connell Engineering Planning & Engineering Services
Name Division Department
ACTION REQUIRED: Approval or disapproval of a resolution for the sale of 3.0 acres of the City's Gulley Rd. Water Tank
site (12.0 ac) as requested by Ozarks Electric Cooperative for the appraised price of $105,000, including access to and from
Gulley Road, plus payment for specific City costs associated with the preparation of said property to be sold.
COST TO CITY:
$ -105,000 +
Cost o is Request
5400-0940-6881.00
Account Number
NA
Project Number
$ -0-
Categoryirroject uuaget
$ 30.00
Remaining Balance
a egoryrotec ame
rogram Name
Water/ Sewer
Fund
BUDGE REVIE : _ Budgeted Item Budget Adjustment Attached
/ u g minis ra rve ServicesDirector
r ina or
GRANTING AGENCY:
ne a u for ae
STAFF RECOMMENDATION: Staff does not anticipate utilization of this land as it is located at the rear (West end) of this
12 acre tract. Ozarks has indicated a need to provide additional service to this area with the installation of a substation at
this location, as it adjoins their power line system. It is an opportunity for the City to sell property that would have little chance
of being used in the foreseeable future and less chance of being sold. Changed from 2.0 ac to 3.0 ac for community buffer.
������Dl• 2Z O
tTiainn mead Date Cross Reference
L_-7, o3 New Item: Yes _ No
Date
/'' 2'7, 3 Prev Ord/Res #:
Date
Orig Contract Date:
W r Page 2
STAFF REVIEW FORM
Description Sale of 3.0 acres of Gulley Rd. Water Tank Property to Ozarks Electric
Comments:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Reference Comments:
Meeting Date: February 18. 2003
it- i.C*A)<{S
o & tLosn£L LAS41 4tL u4
Odds to U-& dsd •' °
NORTHWtST ARKANSAS ItITION
S.
AFFIDAVIT OF PUBLICATION
I, Loa fl .,do solemnly swear that I am
Legs. Jerk of the Arkansas Democrat -Gazette newspaper, printed and
published in Lowell, Arkansas, and that from my own personal knowledge
and reference to the files of said publication, the advertisement of:
L?LLiv2L/1—was inserted in the regular editions on
N'lflViD,mo
** Publication Charge: $ J4I . Fq-
Subscribed and sworn to before me this
It day of 2002.
AMY ALLEN
Public -Arkansas
My
** Please do not pay from Affidavit.
An invoice will be sent.
Faf•r•M is own¢, of 12 0 oars. boat L��
Br W Fall
-aclNflla aWil
Efl c CocPalall" F 3 ben M9 t W IM lips.0 acre, of al, irea. bcaIed W enno,, Io ,en IroRECEIVED ° Of"W120Gm �.I ,0 Ire, fe, City on OI ny O 0 cram IraCt. MCIXOil to IMe Milio] -mil
of
ark,' Wi to /Wall al aNCVtao natIR, bcalial. Vaafe o! It* 2.0o d 535.000 Prr am.NOV 1 3 2002 e , aT 113 �a, Ihe agar,CITY OF FAYET' LLE ec o ° a r111•an7k noMoigxmas eerie mein wn aT waof
, Pba,r pR o wf �• �'r m
CI1Y CLERK'S OFFICE "°"° Y°'a °°"^•a, to 7y Male, olma to anaro.. n way
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETfEVILLE, ARKANSAS 72702
(501) 442-1700
Northwest Arkansas Times/ Democrat Gazette
Fayetteville Morning News Display Ad (NEW)
For Thursday, Jan. 9, 2003
(City of Fayetteville Logo)
PUBLIC NOTICE
The City of Fayetteville is owner of 12.0 acres, located on Fat Gulley Road in
Washington County, and includes a elevated water tank which is positioned about 800
feet West of the road. Ozarks Electric Cooperative has requested the City to sell the
west 3.0 acres of this tract, located approximately 1,000 feet west of Gulley Rd. The
City does not anticipate the utilization of this portion of the 12.0 acres tract. According
to their stated plan, Ozarks wish to install an electric substation at this location. .
Value of the 3.0 acre tract has been appraised at $35,000 per acre. The expansion
from 2.0 acres to 3.0 acres is to provide additional wooded buffer for adjoining and
nearby communities.
The Fayetteville City Council will have this proposal on the agenda during their regular
meeting of February 18, 2003 at 113 W. Mountain Street, beginning at 6:30 pm. The
public will have an opportunity to comment regarding this possible sale at that meeting
and are invited to attend.. If unable to attend, you can phone your comments to the
Mayor's Office at 575-8330 prior to said meeting.
OF HOUSING AND URBAN/LOPMENT • nun u.. 1Mq
of VV
A. SETTLEMENT STATEMENT
B. TYPE OF LOAN
1. ❑FHA 2. 0 FMHA 3. ❑ CONV.UNINS.
4. OVA 5. ❑CONV.INS.
6. File Number
FATIC 03-14208
7, Loan Number
8. Mortgage Insurance Case Number
C. NOTE: TN, form is furnished to give you statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid
outside the closing: they are Shown here for Informational purposes and are not included In the totals.
0. NAME AND ADDRESS OF BORROWER
OZARKS ELECTRIC COOPERATIVE
3641 WEDINGTON DRIVE
FAYETTEVILLE,AR 72704
NAME AND A&RE5,s OF SE LER
N S F FAME i u EVILLE,
113 WEST MOUNTAIN
FA ETTEVI I E, AR 72701
F. NAME AND ADDRESS OF LENDER
G. PROPERTY LOCATION
PT SE SE 29-17-29
ARKANSAS
J. SUMMARY OF BORROWER'S TRANSACTION
H. SET LEMENT AGENT
BRONSON ABSTRACT CO., INC.
PLACE OF SETTLEMENT I, SETTLEMENT DATE
3810 FRONT STREET, SUITE 5 5-6-03
FAYETTEVILLE, ARKANSAS 72703 DISBURSEMENT DATE
5-6-03
K. SUMMARY OF SELLER'S TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER
400. GROSS AMOUNT DUE TO SELLER
101. Contract lilies price
102. Personal Property
105,000.00
401. Contract was price
402, Personal Property
105,000.00
103. Settlement charges to borrower (m,. 1400)
335.50
403.
04.
404,
105.
405.
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE
105. Chy/rown taxes to
406. Ctty/Town taxes to
107. County taxes to
407. County taxes to
108. Assessments to
408. Assessments to
109.
409.
110.
410.
111.
411,
112,
412.
120. GROSS AMOUNT DUE FROM BORROWER 105,335.50
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER
420. GROSS AMOUNT DUE TO SELLER 105,000.00
500. REDUCTIONS IN AMOUNT DUE TO SELLER
201, Deposit or earnest money
100.00
501. Excess Deposit (see Instructions)
100.00
202. Principal amount of new loan(s)
502. Settlement charges to seller (Ilne 1400)
327.50
203. Edsting ban(s) taken subject to
503. Edsting loan(s) taken subject to
204. Application deposit
504. Payoff of first mortgage loss,
205. Second Iles, mortgage
505. Payoff of second mortgage loan
206.
506.
207.
507,
208.
508.
209.
509,
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER
210. C8y7Town taxes to
510, city/rown taxes to
211. County taxes to
511. County fazes to
212. Assessments to
512. Assessments to
213.
513.
214,
514.
215.
515,
216.
516,
217.
517.
218.
Ste.
219,
519.
220. TOTAL PAID BY/FOR BORROWER
100.00
520. TOTAL REDUCTION AMOUNT DUE SELLER
427.50
300. CASH AT SETTLEMENT FROM OR TO BORROWER
600. CASH AT SETTLEMEIiT TO OR FROM SELLER
301. Gross amount due from borrower (line 120)
302. Less amounts paid by/for borrower (One 220)
105,335.50
f 100.0Q
601. Gross amount due to seeer (ens 420)
602. Less reduction amount due sever (lino 520)
105,000.00
f 427,50 )
303. CASH ® FROM 0 TO BORROWER
hnvn rnrofi,1k, rauiewuA ,6s, IJI Ifir Cn„I........., b..,..........
105,235.50
_..4 ._ •k_ \. _x
603. CASH ® TO 0 FROM SELLER
— . L_
104,572.50
. ..-.- ._.�..r ..-...-..... ...- •—I---I
VV.YVIOOI•I Vla1V,nm,l Y,IV
IV II IQ Vf, VI illy
lulowieoge and belief, n is
a true and accurate statement
of all
receipts and disbursements made
on my account or by me In
this transaction.
I further certify that I have
received a copy of the HUD -1
Settle.
ment Statement.
OZARKS ELECTRIC COOPERATIVE CORPORATION
- THE CITY OF FAYETTEVILLE
C V
P.
k"M
A
borrowers
To the best of my knowled HUD -1 Settlement
Statement which I have
prepared Is a true and
accurate account of the funds
received and
h��Iyee been orwill e d sbursed by the
undersigned as part of this transaction.
which were
1C]
D! x
LELA R. DAVIS
Settlement pa
t--"JJ
C
to
WARMNG: It
Is Crime to knowingly make false statements to the United States on this
or any other simw form.
Penalties upon conviction can Include a fine and
Imprisonment.
For details see: Title 18 U. S. Code Section
1001 and Section 1010,
Previous Edition Is Obsolete
F2366,LM (03191)
P(7791) U(778791)
HUO-1 (07-67) RESPA. HB 4305,2
SLER'S/BORROWER'S AFFIDAVI�
State of ARKANSAS
County of WASHINGTON
The undersigned, referred to as Seller/Borrower, whether one or more, being first duly sworn on
oath that the Seller/Borrower is the owner of the following described lands, situtated in
WASHINGTON County, ARKANSAS. To -wit:
SEE ATTACHED EXHIBIT A
Seller/Borrower further state the following facts are true:
1. There is no adverse occupant of the property described above.
2. Seller/Borrower and those under whom Seller/Borrower claims title, have been in peaceful
possession of said lands for more than 7 years past.
3. There are no unrecorded options to purchase, sales contracts or lease agreements
outstanding, which affects the property described above.
4. There have been no improvements made on the property described above during the past
130 days for which a mechanics' and materialmens' lien may be filed.
5. No appliances have been Installed in the property described above on deferred payments
which are unpaid for.
6. The property described above is not traversed by any roadways or easements except those
shown on record.
7. There are no delinquent assessments due on the resident's association on the property
described above, if applicable.
8. That no money whatsoever is owed on subject property to any person, firm, or corporation
other than the following
9. There are no outstanding judgments against Seller/Borrower as a result of legal action to
Include, but not limited to, tax liens, divorce, bankruptcy or foreclosure.
10. That the marital status of Seller/Borrower has not changed since they acquired above
described property.
Witness the hand and seal of the undersigned of this tthh day of Mav , 2003 .
V
eller: THE Cl OF FAYETTEVILLE, Borrower: OZARKS ELEC COOPERATIVE
CORPORATION
Seller:
Borrower:
Subscribed and sworn to before me, a Notary Public on this day of J4y, 2003 .
My Commission Expires:
File #_
AFFID. REF
Notary Public: LELA R. DAVIS
Parcel No. 001-15581-001 •
•
WARRANTY DEED
MUNICIPAL CORPORATION
BE IT KNOWN BY THESE PRESENTS:
THAT the CITY OF FAYETTEVILLE, ARKANSAS, a municipal cor-
poration, hereinafter called GRANTOR, for and in consideration of the sum
of One Dollar ($1.00) and other good and valuable consideration, the receipt
of which is hereby acknowledged, does hereby grant, bargain, sell and
convey unto Ozarks Electric Cooperative Corporation, hereinafter called
GRANTEE, and unto Grantee's successors and assigns, the following
described land situated in the County of Washington, State of Arkansas, for
the purpose of an electrical substation and buffer zone, to -wit:
A part of the Southeast Quarter (SE%.) of the Southeast Quarter (SE'/.) of Section Twenty-
nine (29) in Township Seventeen (17) North of Range Twenty-nine West, being more
particularly described as follows: Beginning at a Point on the West line of the Southeast
Quarter (SE'!.) of the Southeast Quarter (SE%) of said Section 29 which is North 02° 34'
16" East 396 feet from the Southwest comer of said forty acres tract; thence South 87° 30'
11" East 330.0 feet; thence North 02° 34' 16' East 396.0 feet; thence North 870 30' 11"
West 330.0; thence South 02° 34 16" West 396.0 feet to the Point of Beginning, containing
3.00 acres, more or less, and being subject to rights of way and easements of record,
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee
and Grantee's successors and assigns, forever, so long as said lands are used for the purposes herein stated. If
said land is not continually used for the purposes stated, said Grantor shall have the right of first refusal at a cost
to be determined by an independent appraisal of said land. Grantor warrants that Grantee shall have a perpetual
right of ingress and egress to the land described herein across Grantor's property as determined by Grantor. The
said Grantor, hereby covenants that it is lawfully seized of said lands and premises; that the same is
unencumbered, and that the Grantor will forever warrant and defend the title to the said lands against all legal claims
whatever.
WITNESS the execution hereof on this day of /`/.O t/ , 2003.
ATTEST:
Y 1)X&I JA4 l/ 1 /AA: Lam✓
Sondra Smith, City Clerk
CITY OF FAYETTEVILLE, ARKANSAS,
a municipal corporation
BY:
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON )
BE IT REMEMBERED, that on this date, before the undersigned, a duty 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 .O?' day of A -/1L2./ , 2003.
II
i )mw ., EDWARD D. CONNELL
WaSiiVonCo&n
MY COMMISSION EXPI ►-GMyco"rtissih Notary xpij
Public
,:' nto
• AR VEST BANK 022759
BRONSON ABSTRACT CO., INC. FAYETTEVILLE. AR 72701
ESCROW ACCOUNT 81-87/829
3810 FRONT ST., SUITE 5 5/82003
FAYETTEVILLE, AR 72703
I%Y TO THE CITY OF FAYETTEVILLE. ARKANSAS I $ '•104,572.50
BOER OF
One Hundred Four Thousand Five Hundred Seventy -Two and 50/100
DOLLARS
14208 PROCEEDS
VOID AFTER 60 AYS
AUTHO IZED SIGNAT E
11'02275911' 1:08 29008 7 21: 000 2 9 7 2 211'0)
9
4
0
9
•
3.0 acre
OFFER AND ACCEPTANCE CONTRACT
1. That Ozarks Electric Cooperative Corp., an Arkansas corporation , hereinafter referred
to as the Buyer, offers to buy, subject to the terms and conditions set forth herein, the
following described property:
A part of the Southeast Quarter (SE'!.) of the Southeast Quarter
(SE','.) of Section Twenty-nine (29) in township Seventeen (17)
North of Range Twenty-nine West, being more particularly described
as follows: Beginning at a Point on the West line of the Southeast
Quarter (SE'/.) of the Southeast Quarter (SE%) of said Section 29
which is North 02° 34' 16" East 396 feet from the Southwest comer
of said forty acres tract; thence South 87° 30' 11" East 330.0 feet;
thence North 02° 34' 16" East 396.0 feet; thence North 87° 30' 11"
West 330.0; thence South 02° 34' 16" West 396.0 feet to the Point
of Beginning, containing 3.00 acres, more or less, and being subject
to rights of way and easements of record,
2. Purchase Price: Subject to the following conditions, the Buyer shall pay for the property
at closing, the total and cash only payment of $_105,000 .
3. Contingent Earnest Money Deposit The Buyer herewith tenders a check or money
order for $_100.00, to the City of Fayetteville, Arkansas, a municipal corporation,
hereinafter referred to as the Seller, as earnest money, which shall apply on the purchase
price. Buyer is aware that this offer to sell 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, if any, will be returned to the Buyer by the Seller. . If title requirements are not
fulfilled or the Seller fails to fulfill any obligations under this contract, the earnest money
shall be promptly refunded to the Buyer. If the Buyer fails to fulfill his obligations under
this contract or after all conditions have been met, the Buyer fails to close this transaction,
the earnest money may, at the option of the Seller, become liquidated damages to the
Seller. Alternatively, the Seller may assert legal or equitable rights which it may have
because of breach of this contract.
4. Conveyance will be made to the Buyer by Warranty Deed and such deed shall be subject
to recorded instruments and easements, if any. Such conveyance shall include any and
all rights owned by the Seller.
5, 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 Seller. Buyer and Seller shall share equally
in the cost of said title insurance.
6. Seller agrees to allow Buyer, if Buyer so desires, at Buyer's expense, to survey the
property. The subject property described in this document is within Washington County
and is subject to lot split requirements and large scale development requirements of both
the County and the City. Seller agrees to survey and stake the corners of this proposed
property. Said staking shall be at Buyers cost when completed and payable when
invoiced. If this property acquisition is completed, Buyer will be credited for such survey
cost at the time of closing. Seller further agrees to cure any title problems which may
result from any differences between the platted or 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.
0.
S
OFFER AND ACCEPTANCE CONTRACT
Page 2 of 4
7. Taxes and special assessments due on or before closing shall be paid by the Seller.
Insurance, general taxes, ad valorem taxes, special assessments and rental payments
shall be prorated as of closing. Buyer shall pay all costs associated with the
requirements of City Ordinance No. 4358 for the sale of public lands, including the cost
of appraisal, advertizing, certified mail to adjoining property owners, and any other costs
associated with the conveyance and transfer of this land not otherwise addressed in this
document.
8. Buyer and their successors or assigns shall have a perpetual right of ingress and egress
on and over the "hard surface roadway" of the Seller, currently running from Gulley Road
to the existing water tank site. Buyer shall have the further right to construct a " hard
surface drive" from the existing roadway to the Buyer's proposed property.
9. Buyer agrees to repair or compensate Seller for any damages to the existing hard surface
roadway that occurs as a result of Buyers construction activities at the Buyers proposed
property. The existing hard surface roadway, when restored as may be required, and
constructed hard surface drive by the Buyer, shall be called the Common Roadway".
Buyer and Seller shall share equally in the maintenance of the common roadway.
10. If future improvements by the Seller require the relocation of the common roadway, such
relocation shall all be at Sellers cost.
11. The closing date shall be within sixty (60) days after approval of this contract by the
Fayetteville City Council
12. Closing costs, except for those heretofore mentioned, shall be shared equally between
Buyer and Seller.
13. Possession of the property shall be delivered to the Buyer on the date of closing.
14. 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.
15. All fixtures, improvements and attached equipment are included in the purchase price.
16. 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.
17. Seller shall disclose to Buyer any and all environmental hazards of which Seller has
actual knowledge.
18. Seller shall secure a lot split from Fayetteville and Washington County Planning
Commissions. Such lot splits will be secured prior to the date of closing on the described
property. This lot split is totally independent of the requirement of large scale
development and does not imply that an application has been madeby the Seller.
19. This agreement shall be governed by the laws of the State of Arkansas.
S
OFFER AND ACCEPTANCE CONTRACT
Page 3 of 4
20. 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.
21. This contract expires, if not accepted by the Administration of the Seller, on or before the.34t
day of D:c_±:r,2OO2ff
22. The property, as described herein, shall be sold on a as -is basis, with no actual
or implied guarantees other than those set forth in this document.
23 NOTICE: SELLER ASSERTS AND BUYER HEREBY ACKNOWLEDGES THAT THIS
CONTRACT IS EXPRESSLY CONTINGENT UPON THE APPROVAL OF
THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS, 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 $ 100.00 EARNEST
MONEY DEPOSIT.
BUYER:
OZARKS ELECTRIC COOPERATIVE CORP.
BY:
In ... /1 eD .. /2 .41
Date:
Tide
ATTEST:
Title
SELLER:
City of Fayetteville, Arkansas
A municipal Corporation
BY: /) _
Dan
Date: l- a a- O3
Date: d
Date: o2/3/03
OFFER AND ACCEPTANCE CONTRACT
Page 4 of 4
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 Billy Joe
Bartholomew and William R. Allen , to me well known as the persons who executed the
foregoing document, and who stated and acknowledged that they are the President and
Secretary . duly authorized to execute the foregoing instrument for and in the name and behalf
of Ozarks Electric Cooperative Corp., 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'? th. day of .2003.
MY COMMISSION EXPIRES:
5-/- &O/02
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 Sondra Smith, to me well known as the person 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 �3rL d f 2003.
Notary Public
MY COMMISSION EXPIRE
EDWARD D. CONNELL
Washington Cwrty
My C.OfN115 15i"h Expires
May 1, 2010
Parcel No. 001-155x1-001
WARRANTY DEED
MUNICIPAL CORPORATION
BE IT KNOWN BY THESE PRESENTS:
THAT the CITY OF FAYETTEVILLE, ARKANSAS, a municipal cor-
poration, hereinafter called GRANTOR, for and in consideration of the sum
of One Dollar ($1.00) and other good and valuable consideration, the receipt
of which is hereby acknowledged, does hereby grant, bargain, sell and
convey unto Ozarks Electric Cooperative Corporation, hereinafter called
GRANTEE, and unto Grantee's successors and assigns, the following
described land situated in the County of Washington, State of Arkansas, for
the purpose of an electrical substation and buffer zone, to -wit:
A part of the Southeast Quarter (SE%) of the Southeast Quarter (SE%) of Section Twenty-
nine (29) in Township Seventeen (17) North of Range Twenty-nine West, being more
particularly described as follows: Beginning at a Point on the West line of the Southeast
Quarter (SE%) of the Southeast Quarter (SE'%) of said Section 29 which is North 02° 34'
16" East 396 feet from the Southwest comer of said forty acres tract; thence South 87° 30'
11" East 330.0 feet; thence North 02° 34' 16° East 396.0 feet; thence North 87° 30' 11"
West 330.0; thence South 02° 34' 16" West 396.0 feet to the Point of Beginning, containing
3.00 acres, more or less, and being subject to rights of way and easements of record,
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee
and Grantee's successors and assigns, forever, so long as said lands are used for the purposes herein stated. If
said land is not continually used for the purposes stated, said Grantor shall have the right of first refusal at a cost
to be determined by an independent appraisal of said land. Grantor warrants that Grantee shall have a perpetual
right of ingress and egress to the land described herein across Grantor's property as determined by Grantor. The
said Grantor, hereby covenants that it is lawfully seized of said lands and premises; that the same is
unencumbered, and that the Grantor will forever warrant and defend the title to the said lands against all legal claims
whatever.
WITNESS the execution hereof on this day of , 2003.
CITY OF FAYETTEVILLE, ARKANSAS,
a municipal corporation
BY:
ATTEST:
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary
Public within and for said County and State, personally appeared 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 day of , 2003.
MY COMMISSION EXPIRES:
Notary Public