HomeMy WebLinkAbout29-03 RESOLUTION•
RESOLUTION NO.29-03
A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE
CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND THE
UNIVERSITY OF ARKANSAS FOR THE SALE OF THIRTY-TWO
(32) ACRES, MORE OR LESS OF LAND LOCATED AT SOUTH
SCHOOL AVENUE AND 19TH STREET FOR THE AMOUNT OF
THREE HUNDRED SEVENTY THOUSAND DOLLARS
(S370,000.00), LESS ASSOCIATED CLOSING COSTS.
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 the University of Arkansas for the sale of Thirty -Two (32) acres,
more or less of land located at South School Avenue and 19Th Street for the
amount of Three Hundred Seventy Thousand Dollars (5370,000.00), less
associated closing costs 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.
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ATTEST.
By: el) 404D
SONDRA SMITH, City Clerk
APPROVED:
By:
n .
OFFHAND ACCEPTANCE CONT&T
That the Board of Trustees of the Unrversrty of Arkansas , acting on behalf of the University
of Arkansas, Fayetteville, hereinafter referred to as the Buyer, offers to buy, subject to the
terms and conditions set forth herein, the following described property:
SEE ATTACHED EXHIBIT "A"
FOR PROPERTY DESCRIPTION (32± Acres)
from the City of Fayetteville, Arkansas, a municipal corporation, hereinafter referred to as
the Seller.
Purchase Price: Subject to the following conditions, the Buyer shall pay for the property at
closing, the total and cash only payment of $ 370,000 .
Conditions of Sale and Purchase:. As Buyer, the Board of Trustees of the University of
Arkansas 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, this contract is considered to
be null and void. As Seller, the City of Fayetteville is aware that this offer to purchase is
contingent upon the approval of the Board of Trustees of the University of Arkansas and ,
if they do not approve, this contract is considered to be null and void. If title requirements
are not fulfilled or the Seller fails to fulfill any obligations under this contract, the Buyer may,
at its option, declare this contract null and void. If the Buyer fails to close this transaction
or fails to fulfill his obligations under this contract or after all conditions have been met, the
Seller at his option, may declare such contract to be null and void. Alternatively, either party
may assert legal or equitable rights which each may have because of breach of contract.
Conveyance will be made to the Buyer by General 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.
The Seller shall, at sellers expense, fumish a policy of title insurance in the amount of the
purchase price from a title insurance company as selected by the Seller.
Seller agrees to provide Buyer, at Buyer's expense, a survey the property described herein..
Seller agrees to cure any title problems which may result from any differences between the
recorded legal descriptions of the property and the survey description. Said title problems,
if any, must be solved prior to closing to the satisfaction of the Buyer.
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.
The closing date shall be within sixty (60) days after approval of this contract by the
Fayetteville City Council and the Board of Trustees of the University of Arkansas, whichever
occurs later. All conditions precedent to closing shall have been met to the buyer's
satisfaction or waived by the Buyer prior to closing and closing shall be extended until such
conditions are satisfied or waived. If such date of closing falls on a weekend or holiday, it
will be held the following working day.
Closing costs, except for those heretofore mentioned, shall be shared equally between
Buyer and Seller
10. Possession of the property shall be delivered to the Buyer on the date of closing.
•
OFFER AND ACCEPTANCE COTRACT
Page 2 of 5
•
11. Seller hereby grants permission for the Buyer or its employees or designates to enter the
above described property and improvements for the purpose of inspec-tion and/or
surveying.
12. All fixtures, improvements and attached equipment are included in the purchase price.
time of closing is assumed by the Seller.
13. Risk of loss or damage to the property by fire or other casualty occurring up to the time of
closing is assumed by the Seller.
14. Seller shall disclose to Buyer any and all environmental hazards of which Seller has actual
knowledge. Buyer may obtain a preliminary Phase I, or modified Phase I, environmental
assessment within the specified time frame for closing. If the assessment indicates the
existence of asbestos or heavy metals in quantities which are considered as hazardous
materials or environmental hazards and require mediation, then Buyer may extend said
closing until such hazards have been corrected by Seller, or Buyer may terminate this
contract. Altematively, Seller may elect to deduct the cost of such mediation from the
purchase price.
15. This agreement shall be govemed by the laws of the State of Arkansas.
• 16. This agreement, when executed by both the Buyer and the Seller shall contain the entire
understanding and agreement of the parties with respect to the matters referred to herein
and shall supersede all price or contemporaneous agreements, representations and
understanding with respect to such matters, and no oral representations or statements shall
be considered a part hereof.
17. This contract expires, if not accepted by the Administration of the Seller, on or before the
/r day of, 2003.
18. The property, as described herein, shall be sold on a as -is basis, with no actual or
implied guarantees or conditions, other than those set forth in this document.
19. It is understood and agreed by Buyer and Seller that each entity will submit for approval by
their respective goveming bodies within a period of 60 days after this document is fully
executed.
20.. NOTICE: SELLER ASSERTS AND BUYER HEREBY ACKNOWLEDGES THAT THIS
CONTRACT IS EXPRESSLY CONTINGENT UPON THE APPROVAL OF THE
CITY COUNCIL OF FAYETTEVILLE AND THE BOARD OF TRUSTEES OF THE
UNIVERSITY OF ARKANSAS, AND THAT THE FAILURE OF THE COUNCIL OR
BOARD OF TRUSTEES TO SO APPROVE WILL MAKE ALL PORTIONS OF
THIS CONTRACT NULL AND VOID.
OFFER AND ACCEPTANCE COACT
Page 3 of 5
SELLER:
City of Fayetteville, Arkansas
A municipal Corporation
BY:
Dan Coody
ATTEST::
ayor
BUYER:
Board of T
BY;
1`u
Bather Wood ff� le
tees of the University of Arkansas
•
2,0 et) ,amu /j Ajsco/�%i „D,.ga.
(Name and Title)
ATTEST:
Pr
(Name and T tle)
Date: /-
Date: /-
Date: /124L3
Date: I I.2' b 3
OFFER AND ACCEPTANCE COI ACT
Page 4 of 5
EXHIBIT "A"
PROPERTY DESCRIPTION
PROPERTY DESCRIPTION:
Parcel Number: 765-14990-000:
Part of the Southwest Quarter (SW%) of the Southeast Quarter (SE'/.) of Section Twenty-one (21),
Township Sixteen(16) North, Range Thirty (30) West of the 5'" P. M., Washington County, Arkansas
described as Beginning at a Point 457.52 feet South of the Northeast comer of said forty acre tract,
said point being on the South right of way line of 19" Street, which is 25 feet South of the centerline
of said street; thence South 308.45 feet; thence South 89° 35' 35" West 518.36 feet; thence North 9°
04' 00" East 65.00 feet; thence North 88° 58' 00" West 184.15 feet to the East right of way line of U.S.
Highway 71B; thence along said East right of way line North 7° 25' 39" East 261.54 feet to the South
right of way line of 19th Street; thence along the South right of way line of 19th Street South 88° 43' 09"
East 658.58 feet to the Point of Beginning, containing 4.69 acres, more or less, subject to easements
and rights of way of record,
and, Parcel Number : 765-15023-000
Part of the Southeast Quarter (SE''.) of the Southeast Quarter (SE'/.) of Section 21, Township
16 North, Range 30 West of the 5th P.M., Washington County, Arkansas, lying South of the
South right of way line of an East-West Road (now 19°1 Street) and being more particularly
described as follows, to -wit: Beginning at a Point 25 feet South of the centerline of said road
(now 19th Street), said point being 457.52 feet South of the Northwest comer of the SE'/. of
the SE% of said Section 21; thence along the South right of way line of said roadway South
89° 51' 49" East 496.63 feet; thence North 84° 27' 31" East 813.59 feet to the East line of the
forty acre tract; thence with said East line South 951.84 feet to the SE comer of said forty acre
tract; thence along the South line of said forty acre tract West 1306.42 feet to the SW corner
of said forty acre tract; thence along the West line of said forty acre tract North 874.46 feet to
the Point of Beginning and containing 26.55 acres, more or less, subject to rights of way and
easements of record.
SELLER:
City of Fayetteville, Arkansas
BY:
SIGNED FOR IDENTIFICATION
Title: Dan
oody, May
BUYER:
UNIVERSITY OF ARKANSAS
BY
Title
Date: _17/4C/223___
Date: //Z/d3
OFFER AND ACCEPTANCE CONTRACT
Page 5 of 5
STATE OF ARKANSAS
COUNTY OF WASHINGTON
)
)
)
ACKNOWLEDGMENT
ss
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting
Notary Public within and for said County and State, personally appeared Tr,rry s Ez n,l 1
and Ft lr n , to me well known as the persons who
executed the foregoing document, and who-) stated and acknowledged that they are duly authorized to
execute the foregoing instrument for and in the name and behalf of the trustees of the University of Arkansas,
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:
-/ o-02azz
lama 2003.
Notary Public
STATE OF ARKANSAS
COUNTY OF WASHINGTON
)
)
)
ACKNOWLEDGMENT
ss
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting
Notary Public within and for said County and State, personally appeared Dan Coody and Heather woodruff,
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 oaf
H <lee
MY COMMISSION EXPIRES:
O,.%eV-1c/Pat
\C•PrODS
, •:
EDWARD D. CONNELL
Washington County
My Commission Exp.ec
Ma 1, 2010
, 2003
Notary Public
PROPERTY DESCRIPTION:
Parcel Number: 765-14990-000:
•
Part of the Southwest Quarter (SWY.) of the Southeast Quarter (SE%) of Section Twenty-one (21),
Township Sixteen(16) North, Range Thirty (30) West of the 5" P. M., Washington County, Arkansas
described as Beginning at a Point 457.52 feet South of the Northeast corner of said forty acre tract,
said point being on the South right of way line of 19°' Street, which is 25 feet South of the centerline
of said street; thence South 308.45 feet; thence South 89° 35' 35" West 518.36 feet; thence North 9°
04' 00" East 65.00 feet; thence North 88° 58' 00" West 184.15 feet to the East right of way line of U.S.
Highway 71B; thence along said East right of way line North 7° 25' 39" East 261.54 feet to the South
right of way line of 19'" Street; thence along the South right of way line of 19th Street South 88° 43' 09"
East 658.58 feet to the Point of Beginning, containing 4.69 acres, more or less, subject to easements
and rights of way of record,
and, Parcel Number : 765-15023-000
Part of the Southeast Quarter (SE%) of the Southeast Quarter (SE%) of Section 21, Township
16 North, Range 30 West of the 5°i P.M., Washington County, Arkansas, lying South of the
South right of way line of an East-West Road (now 19°i Street) and being more particularly
described as follows, to -wit: Beginning at a Point 25 feet South of the centerline of said road
(now 19°' Street), said point being 457.52 feet South of the Northwest comer of the SE1/4 of
the SE% of said Section 21; thence along the South right of way line of said roadway South
89° 51' 49" East 496.63 feet; thence North 84° 27' 31" East 813.59 feet to the East line of the
forty acre tract; thence with said East line South 951.84 feet to the SE comer of said forty acre
tract; thence along the South line of said forty acre tract West 1306.42 feet to the SW corner
of said forty acre tract; thence along the West line of said forty acre tract North 874.46 feet to
the Point of Beginning and containing 26.55 acres, more or less, subject to rights of way and
easements of record
•
•
NAME OF FILE:
CROSS REFERENCE:
Resolution No. --03
Document
•
.V
1
02/18/03
Res. 29-03 w/Offer & Acceptance Contract attached
2
02/04/03
Staff Review Form w/attachment
1/15/03 memo to City Council
copy of map for subject area
copy of map for Tract 1, Tract 2, Tract 3
copy of property description
copy of
form letter for certified
letter
copy of list of adjacent property owners
copy of public notice
copy of public notice to NWA Times
3
02/25/03
memo to Ed Connell
NOTES:
FAYETTEfI LLE
TNI CITY OF TAYETTIVILLL ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Ed Connell
Land Agent
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: February 25, 2003
Re: Res. No. 29-03
Attached is an executed copy of the above resolution approving an Offer and Acceptance
Contract between the city and University of Arkansas and a copy of the contract.
The original O8A 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
Nancy Smith, Internal Auditor
• STAFF REVIEW FORM •
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of February 18, 2003
FROM:
Ed Connell a
Name
Engineenng Planning//Engineering Services
Uwi on Uepartmen
ACTION REQUIRED: The passage of a resolution approving the Offer and Acceptance Contract between
the City of Fayetteville and the University of Arkansas, dated January 6, 2003, for the sale of 32 ±
acres of land in a part of the SW -SE -21-16-30 for a price of $370,000, Tess associated closing costs
where applicable.
COST TO CITY:
$ - 370,000
Cost of this Request
1010-0001-4881.02
Account Number
NA
Project Number
$ -0-
Category/Project Budget
Funds Used to Uate
RemainingObatance
Sale of Fixed Assets
Category/Project Name
Program Name
General fund
1-und
X Budgeted Item Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
Accountrf5g laagrf er JA a e
y
7
03
ate
03
a
rcnasmg urricer
GRANTING AGENCY:
I or
ADA Coordinator
//a7103
Cate
Date
STAFF RECOMMENDATION: This property was purchased in 2002 in conjunction with the University for the development
of light industries in this area Staff recommends approval of the contract and the sale of the property to the University at
this time.
thy ion
•
ae3
a
—03
Date
(Z
e
Cross Reference
New Item: Yes _ No
Prev Ord/Res #:
Orig Contract Date:
• •
Page 2
STAFF REVIEW FORM
Description Sale of 32.± Acres to the University of Arkansas along 19t Street Meeting Date February 18, 2003
Comments:
Budget Coordinator
Accounting Manager
City Attomey
Purchasing Officer
ADA Coordinator
Internal Auditor
Reference Comments:
FAYETTEA LLE
THE CITY OF EAYETIEVIIIE. AERANSAS
DEPARTMENTAL CORRESPONDENCE
DATE• January 15, 2003
TO: Fayetteville City Council
THRU: Dan Goody, Mayor
Hugh Earnest, Chief Administrative Officer
Greg Boettcher, Water and Waste Water Director
Tim Conklin, Planning and Engineering Interim Director1 C'
FROM: Ed Connell, City Land Agent
RE: 32.0± Acre Land Sale to
the University of Arkansas
!9") Street and School Avenue
Early in 2002, the City of Fayetteville purchased 32.0± acres of land from Bryan Walker III,
located across School Ave. from entry into the "Genesis" Center. This property was purchased
with monies derived from the sale of 4.0 acres of land on the West side of School Ave. on both
sides of what in now called Research Center Boulevard. It was understood that, as part of that
sale, the City of Fayetteville would secure the property to the East for future development into
an area that could eventually be used to locate small to intermediate size manufacturing
facilities that needed to be close to the Research facility of the University. The city paid
$360,000 for the 32 acres, the appraisal was $365,000.
The City and the University have come to an agreement, subject to Council approval, to convey
this 32 acre site to the university. Part of that agreement is that the University will pay what the
city has in the actual purchase plus any expense for improvements to the tract. The City spent
about $10,000 for demolition and removal of old hazardous buildings on the parcel, thus the
value of this sale will amount to $370,000. Attached, you will find a copy of the Offer and
Acceptance Agreement signed by both parties.
We have advertized this possible sale in the local newspapers, posted signs and advised the
adjoining property owners by certified mail. A copy of the advertisement and certified letters
are included with this package. The monies from this sale will eventually be directed toward
the acquisition of the Mt. Sequoyah Woods site, if such is approved by the Council.
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PROPERTY DESCRIPTION:
Parcel Number: 765-14990-000:
Part of the Southwest Quarter (SW%) of the Southeast Quarter (SE'/.) of Section Twenty-one (21),
Township Sixteen(16) North, Range Thirty (30) West of the 5th P. M., Washington County, Arkansas
described as Beginning at a Point 457.52 feet South of the Northeast corner of said forty acre tract,
said point being on the South right of way line of 19°' Street, which is 25 feet South of the centerline
of said street; thence South 308.45 feet; thence South 89° 35' 35" West 518.36 feet; thence North 9°
04' 00" East 65.00 feet; thence North 88° 58' 00" West 184.15 feet to the East right of way line of U.S.
Highway 71B; thence along said East right of way line North 7° 25' 39" East 261.54 feet to the South
right of way line of 19" Street thence along the South right of way line of 19°i Street South 88° 43' 09"
East 658.58 feet to the Point of Beginning, containing 4.69 acres, more or less subject to easements
and rights of way of record,
and Parcel Number : 765-15023-000
Part of the Southeast Quarter (SE%) of the Southeast Quarter (SE%) of Section 21, Township
16 North, Range 30 West of the 5°1 P.M., Washington County, Arkansas, lying South of the
South right of way line of an East-West Road (now 19°' Street) and being more particularly
described as follows, to -wit: Beginning at a Point 25 feet South of the centerline of said road
(now 19th Street), said point being 457.52 feet South of the Northwest corner of the SE% of
the SE% of said Section 21; thence along the South right of way line of said roadway South
89° 51' 49" East 496.63 feet; thence North 84° 27' 31" East 813.59 feet to the East line of the
forty acre tract; thence with said East line South 951.84 feet to the SE corner of said forty acre
tract; thence along the South line of said forty acre tract West 1306.42 feet to the SW corner
of said forty acre tract; thence along the West line of said forty acre tract North 874.46 feet to
the Point of Beginning and containing 26.55 acres, more or less, subject to rights of way and
easements of record.
•
FAYETTEVILLE •
THE CITY OF FAYETTEVILLE, ARKANSAS
January 15, 2003
CERTIFIED MAIL
RE: City Property along 19"' Street
Sale of 32.0 acres to the University of Arkansas
Dear
The City of Fayetteville and the University of Arkansas have entered into an Offer and
Acceptance Agreement , subject to Fayetteville City Council approval, wherein the City will sell
a 32 acre tract of land along and South of 19"' Street and fronting on South School Avenue
(formerly Bryan Walker III property) to the University. This land was purchased by the City in
early 2002 for the purpose of providing an area for light industry and manufacturing for firms
requiring a close proximity to the University Research Center and the "Genesis" program in
particular. At this point, the University is willing to purchase the land and the city is willing to
sell, however, the purpose of the land is not anticipated to change. This proposed transaction
will be on the agenda of the Fayetteville City Council meeting of February 18", 2003, which
begins at 6:00 p.m. at the City Administration Building.
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 signs placed at the property on
School Ave. and on 19th Street. A representative of the University 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 February 18, 2003, or you may voice your opinion by contacting the Mayor's office
at 575-8330.
Attachment
113 WEST MOUNTAIN 72701 479621-7700
FAX 479-6758257
Sincerely,
Edward D. Connell
City Land Agent
• •
Former Walker Property (19th & School) Adiacent Property Owners
1. Mitchell Oil Company, Inc.
P. O. Box 1466
Fayetteville, AR 72702
2. Mr. and Mrs. Clyde Ledbetter
818 Wood Avenue
Fayetteville, AR 72701
765-15007-000
765-15111-000
3. Mr. and Mrs. Don England Sr. 765-14984-000
120 W 19th Street 765-14984-001
Fayetteville, AR 72701 765-15168-000
4 Mr. and Mrs. Darrel Meredith
P. O. Box 1143
Fayetteville, AR 72702
Mr. Earl Ward
22048 Dogwood Cir.
Springdale, AR 72764
765-15024-000
765-15008-001
765-15009-000
6. Mr. and Mrs Harold Harmon or Mr. and Mrs. Harold Harmon
c/o 4020 Sierra College Blvd 765-15010-000 2050 S. School Avenue
Suite 200 765-15026-000 Fayetteville, AR 72701
Rocklin, CA 95677
Mr. and Mrs. Julian Watts
2015 Vale Street
Fayetteville, AR 72701
Amelia Grace Miller
Sharon Jean Strode
P. O. Box 442
Fayetteville, AR 72702
9. University of Arkansas
Mr. James Ezell, Program Dir.
Business Affairs Office
Admin. Bldg., Rm 321
Fayetteville, Ar 72701
10. Mr. and Mrs. Delbert Hester
19 East 19t Street
Fayetteville, AR 72701
765-15013-000
765-15028-000
765-15027-000
765-15175-000
•
• •
Adjacent Property Owners — continued
11. Nona B. Askew, Trustee
Nona B. Askew Trust
2322 Askew Private Dr.
Fayetteville, AR 72701
12. Mr. Dennis Krebs
319 West 22nd Street
Fayetteville, AR 72701
13. Mr. and Mrs. Ibrahim Juma
801 w. 15th Street
Fayetteville, AR 72701
765-15325-000
765-15330-000
765-15029-000
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