HomeMy WebLinkAbout147-04 RESOLUTIONRESOLUTION NO. 147-04
A RESOLUTION SUPPORTING THE EFFORTS OF THE
NEIGHBORING PROPERTY OWNERS TO PURCHASE 2.46 ACRES
LOCATED AT 1121 SOUTH DUNCAN AVENUE FROM JAMES
MATHIAS BY CONTRIBUTING THE REMAINING BALANCE
FROM THE TREE AND TRAILS FUND; DISCHARGING THE TREE
AND TRAILS TASK FORCE; AND ACCEPTING THE FINAL
REPORT AND RECOMMENDATIONS OF THE TREE AND TRAILS
TASK FORCE.
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
supports the efforts of the neighboring property owners to purchase 2.46 acres
located at 1121 South Duncan Avenue from James Mathias for a City Park or Green
Space by contributing the remaining balance from the Tree and Trails Fund as
recommended by the Tree and Trails Task Force, provided that in the event the
neighboring property owners are unable to raise the remainder of the purchase price
by May 1, 2005, the remaining balance shall be allocated toward the purchase of
Scull Creek Trail Corridor rights -of way.
Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby
expresses its gratitude to the members of the Tree and Trails Task Force for their
dedicated service to the community, and finding that the Task Force has completed
its duties under the Settlement Agreement in Serafini et al. v. City of Fayetteville,
hereby officially discharges the Tree and Trails Task Force.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby
accepts the Final Report and Recommendations of the Tree and Trails Task Force, a
copy of which, marked Exhibit "A" is attached hereto and made a part hereof.
PASSED and APPROVED this 21st day of September 2004.
ATTEST:
By:
i1*Wcn'v
SONDRA SMITH, City Clerk
APPROVES /
By:
SI
DA COO IP -Y, Mayo
.AG•‘°(
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.7e3. P-
;FAYETfEVILLE:
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Parcel No. 765-14966-000
Parcel No. 765-14967-000
Parcel No. 765-14968-000
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WARRANTY DEED
HUSBAND AND WIFE
(With Relinquishment of Curtesy and Dower)
BE IT KNOWN BY THESE PRESENTS:
THAT WE, James Mathias and Joy Mathias, husband and wife,
hereinafter called GRANTORS, 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, do hereby grant, bargain, sell and convey
unto the City of Fayetteville, Arkansas, a municipal corporation,
hereinafter called GRANTEE, and unto Grantee's successors and assigns,
the following described land situated in the County of Washington, State of
Arkansas, to -wit:
trie rrwh7/ dAkneesi Welk • /�t;ED
1/./.. to/ 65. /4'7-89
I 111111111111 111 11111 1111111111111111 11111 11111 11111 11111111E11111 1111
Doc D 008554000002 Tvoe REL
R corded 06/02/2005 at 09 12 04 Aft
F e Amt: $ 1.00 Paae 1 of 2
Washlnat n County. AR
Bette Stamps Circuit Clerk
F110200500023695
SCANNED
TRACT "A" A part of the West Half (W%) of the Northwest Quarter (NW'/.) of Section Twenty-one (21),
Township Sixteen (16) North, Range Thirty (30) West, being more particularly described as follows:
Commencing at the Northeast corner of the Southwest Quarter (SW%) of the Northwest Quarter (NW'/.) of
said Section Twenty-one (21), said point being an existing iron pipe; thence S00°39'51"E 111.09 feet to an
existing iron on the West Right -of -Way of Duncan Avenue; thence leaving said Right -of -Way S89°28'31"W
222.76 feet to an existing iron for the TRUE POINT OF BEGINNING; thence N00°36153"W 196.06 feet to an
existing iron; thence S89°28'42"W 222.65 feet to a set iron; thence S00°37'15"E 196.07 feet to a set iron;
thence N89°28'31"E 222.63 feet to the POINT OF BEGINNING, containing 1.00 acre, more or less,
Washington County, Arkansas
TRACT "B" A part of the Southwest Quarter (SW%) of the Northwest Quarter (NW%) of Section Twenty-one
(21), Township Sixteen (16) North, Range Thirty (30) West, more particularly described as follows:
Commencing at the Northeast corner of said 40 acre tract, said point being an existing iron; thence
S00°39'51 "E 111.09 feet to an existing iron on the West Right -of -Way of Duncan Avenue for the true POINT
OF BEGINNING, thence S00°39'51"E along the West Right -of -Way of Duncan Avenue 80.00 feet to a set
iron; thence leaving said Right -of -Way S89°28'31"W 445.45 feet to a set iron; thence N00°37'15"W 80.00 feet
to a set iron; thence N89°28'31"E 445.39 feet to the POINT OF BEGINNING, containing 0.82 acre, more or
less, Washington County, Arkansas.
TRACT "C" A part of the Southwest Quarter (SW%) of the Northwest Quarter (NW%) of Section Twenty —
one (21), Township Sixteen (16) North, Range Thirty (30) West, being more particularly described as follows:
Commencing at the Northeast corner of said 40 acre tract, said point being an existing iron; thence
S00°39'51 "E 191.09 feet to a set iron on the West Right -of -Way of Duncan Avenue for the true POINT OF
BEGINNING; thence S00°37'51"E along the West Right -of -Way of Duncan Avenue 63.00 feet to a set iron;
.thence leaving said Right -of -Way S89°28'31"W 445.50 feet to a set iron; thence N00°37'15"W63.00 feet to a
set iron; thence N89°28'31 "E 445.50 feet to the POINT OF BEGINNING, containing 0.64 acre, more or less
Washington County, Arkansas
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and
Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands
and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands
against all legal claims whatever.
And we, the respective Grantors, hereby release and relinquish unto the said Grantee our respective rights of
dower/curtesy and homestead in and to said lands. 3
WITNESS the execution hereof on this S1-- day of May, 2005.
games Mathias
(,154' M ias �5'��_�
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Mathias Deed -Duncan Avenue
Page 2 of 2
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STATE OF ARKANSAS
COUNTY OF t,UQohr
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 James Mathias and Joy Mathias, 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 31St day of May, 2005.
t9v
MY COMMISSION EXPIRES: /0-1 1 /13
OFFICIAL SEAL
BRANDY L. STIDMAN
NOTARY PUBLIC ARKANSAS
WASHINGTON COUNTY
COMMISSION EXP. 12/01/2013
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Washington County, AR
I certify this instrument was filed on
08/02/2005 09:12:04 AM
and recorded in Real Estate
Fit Number 2005-00023895
Be Stamps - Circuit Clerk
az
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OWNER'S POLICY OF TITLE INSURANCE imik,10/
iy
Issued by Lawyers Title Insurance Corporation ouni/A Pdey
POLICY NUMBER Ttlt
LandAmerica Lawyers Title Insurance Corporation is a memberofthe A 15 - 2 4 2 9114.
Lawyers Title LandAmerica family of title insurance underwrders.
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS,
insures as of Date of
LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company,
Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A,
the insured by reason of:
sustained or incurred by
1. Title to Ole estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured but only to the extent provided in
the Conditions and Stipulations.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by
its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
LAWYERS TITLE INSURANCE CORPORATION
.....*,‘
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Attest:
Q •; iC By.
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SEAL --1.64L
r'yr��'•.
Secretary
tszs iij President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or
area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these
laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of
Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at
Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would ba binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy, or
(e) resulting in loss or damage which would not have been sustained 0 the insured claimant had paid value for the estate or interest
insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
NM PA 10
ALTA Owner's Policy (10/17/92)
Form 1190-74B
ORIGINAL
Valid only if Schedules A and B ar ached
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'SW2131 AO NOIlINI330 'L
SNOIIVlldIS aNv SNOLLIONOO
File Number:
Policy Number
2523560FY
A75-2429714
ALTA Owner's Policy
OWNER'S POLICY
SCHEDULE A
Amount of Policy: $125, 000.00
Effective Date: June 2, 2005
at 9:12 A.M.
I. Nameoflnsured: City of Fayetteville, Arkansas, a municipal corporation
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
City of Fayetteville, Arkansas, a municipal corporation
4. The land referred to in this policy is located in the County of Washington , State of Arkansas
and described as follows:
Countersigned:
By
SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION
SIMPjf
Terry L �(dgens A82-61 LAWYERS TITLE
INSURANCE CORPORATION
This policy is invalid unless the cover sheet and Schedule B are attached.
CONTINUED
LENDERS TITLE COMPANY
1046 Stearns Road
Fayetteville, AR 72703
LAWMTGOP
• •
OWNER'S POLICY
SCHEDULE B
Policy Number: A75-2429714
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
Rights or claims of parties in possession, boundary line disputes, overlaps, encroachments, and any other matters not
shown by the public records which would be disclosed by an accurate survey and inspection of the land described in
Schedule A.
Easements, or claims of easements, not shown by the public records.
Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the public records.
4. General and special taxes for the year 2005 and subsequent years, which are
not yet due and payable.
5. Special taxes and/or assessments payable in installments, to -wit: NONE.
6. Loss arising from oil, gas and/or other minerals, conveyed, retained, leased,
assigned or any other activity concerning the sub -surface rights or ownership,
including but not limited to the right of ingress and egress for said
sub -surface purposes.
7. Rights of the public and others entitled thereto in and to the use of that
portion of subject property comprising any road, street, alley, highway, or
other public right-of-way.
This policy does not insure the acreage amount, any mention of acreage is for
descriptive purposes only.
9. Reservations, restrictions, easements, dedications and setback lines as are
shown on plat of survey, dated July 18, 2002 by G. Alan Reid, RPLS #1006, Alan
Reid & Associates.
10. Subject to any state of facts occuring subsequent to July 18, 2002, date of
survey, prepared by G. Alan Reid, RPLS, #1006, Alan Reid & Associates, that
would be disclosed by a current, accurate survey and inspection of premises.
11. Variation in location of fence and subject property Tract A boundary line on
the Eastern boundary of said Tract A, as shown on plat of survey, dated July
18, 2002 by G. Alan Reid, RPLS #1006, Alan Reid & Associates.
12. Variation in location of fence and subject property Tract B boundary line on
the Northern boundary of said Tract B, as shown on plat of survey, dated July
18, 2002 by G. Alan Reid, RPLS #1006, Alan Reid & Associates (Ownership of
fence in unclear).
13. Variation in location of fence and subject property boundary along entire
Western boundary line, as shown on plat of survey, dated July 18, 2002 by G.
CONTINUED
LAWYERS TITLE
INSURANCE CORPORATION
This policy is invalid unless the cover sheet and Schedule A are attached.
• •
OWNER'S POLICY
SCHEDULE A - Item 4 cont'd
EXHIBIT "A"
TRACT 'A'
A part of the West Half (W1/2) of the Northwest Quarter (NW1/4) of Section
Twenty-one (21), Township Sixteen (16) North, Range Thirty (30) West, being
more particularly described as follows: Commmencing at the Northeast corner
of the Southwest Quarter (SW1/4) of the Northwest Quarter (NW1/4) of said
Section Twenty-one (21), said point being an existing iron pipe; thence S00'
39'51"E 111.09 feet to an existing iron on the West Right -of -Way of Duncan
Avenue; thence leaving said Right -of -Way 589°28'31"W 222.76 feet to an
existing iron for the true POINT OF BEGINNING; thence N00'36'53"W 196.06 feet
to an existing iron; thence S89'28'42"W 222.65 feet to a set iron; thence
S00'37'15"E 196.07 feet to a set iron; thence N89'28'31"E 222.63 feet to the
POINT OF BEGINNING, containing 1.00 acres, more or less, Washington County,
Arkansas.
TRACT 'B'
A part of the Southwest Quarter (SW1/4) of the Northwest Quarter (NW1/4) of
Section Twenty-one (21), Township Sixteen (16) North, Range Thirty (30) West,
more particularly described as follows: Commencing at the Northeast corner of
said 40 acre tract, said point being an existing iron; thence 500'39'51"E
111.09 feet to an existing iron on the West Right -of -Way of Duncan Avenue for
the true POINT OF BEGINNING, thence S00°39'51"E along the West Right -of -Way
of Duncan Avenue 80.00 feet to a set iron; thence leaving said Right -of -Way
S89'28'31"W 445.45 feet to a set iron; thence N00'37'15"W 80.00 feet to a
set iron; thence N89'28'31"E 445.39 feet to the POINT OF BEGINNING, containing
0.82 acres, more or less, Washington County, Arkansas.
TRACT 'C'
A part of the Southwest Quarter (SW1/4) of the Northwest Quarter (NW1/4) of
Section Twenty-one (21), Township Sixteen (16) North, Range Thirty (30) West,
being more particularly described as follows: Commencing at the Northeast
corner of said 40 acre tract, said point being an existing iron; thence S00'
39'51"E 191.09 feet to a set iron on the West Right -of -Way of Duncan Avenue
for the true POINT OF BEGINNING; thence 500'37'51"E along the West Right -of -
Way of Duncan Avenue 63.00 feet to a set iron; thence leaving said Right -of -Way
S89'28'31" W 445.50 feet to a set iron; thence N00'37'15"W 63.00 feet to a
set iron; thence N89'28'31"E 445.50 feet to the Point of Beginning, containing
0.64 acres, more or less, Washington County, Arkansas.
Schedule A Page 1 No.
LAWYERS TITLE
INSURANCE CORPORATION
This policy is invalid unless the Insuring Provisions and Schedules A and B are attached.
•
OWNER'S POLICY
SCHEDULE B
Alan Reid, RPLS #1006, Alan Reid & Associates (Ownership of fence in unclear).
The Mortgagee's policy will insure that said encroachment will not affect the
validity of priority of the mortgage insured.
14. Variation in location of fence and subject property boundary along the South
boundary of Tract C, as shown on plat of survey, dated July 18, 2002 by G. Alan
Reid, RPLS #1006, Alan Reid & Associates (Ownership of fence in unclear). The
Mortgagee's policy will insure that said encroachment will not affect the
validity of priority of the mortgage insured.
15. Subject to any loss which may arise from any portion of subject property being
located within the bounds of apparent wetlands, as shown on plat of survey,
dated July 18, 2002 by G. Alan Reid, RPLS #1006, Alan Reid & Associates. The
Mortgagee's policy will insure that said encroachment will not affect the
validity of priority of the mortgage insured.
16. Encroachment of gravel drive on Tracts B and C of subject property onto right
of way on the Duncan Avenue, as shown on survey dated July 18, 2002 by G. Alan
Reid, RPLS #1006, Alan Reid & Associates. The Mortgagee's policy will insure
that said encroachment will not affect the validity of priority of the mortgage
insured.
17. Rights of property owners in and to the gravel driveway located along the
Southern portion of Tract B and Northern portion of Tract C as shown on survey
dated July 18, 2002 by G. Alan Reid, RPLS #1006, Alan Reid & Associates. The
Mortgagee's policy will insure that said encroachment will not affect the
validity of priority of the mortgage insured.
Schedule B Page 1 No. LAWYERS TITLE
INSURANCE CORPORATION
This policy is invalid unless the Insuring Provisions and Schedules A and B are attached.
CONDITIONS AND STIPULATIONS
(Continued)
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered loss or
damage by reason of matters insured against by this policy and only to the
extent herein described.
(a) The liability of the Company under this policy shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest
as insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the
Date of Policy is less than 80 percent of the value of the insured estate or
interest or the full consideration paid for the land, whichever is less, or if
subsequent to the Dale of Policy an improvement is erected on the land which
increases the value of the insured estate or interest by at least 20 percent over
the Amount of Insurance stated in Schedule A, Then this Policy is subject to the
following:
(i) where no subsequent improvement has been made, as to any
partial loss, the Company shall only pay the loss pro rata in the proportion that
the amount of insurance at Date of Policy bears to the total value of the insured
estate or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any
partial loss, the Company shall only pay the loss pro rata in the proportion that
120 percent of the Amount of Insurance slated in Schedule A bears to the sum
of the Amount of Insurance stated in Schedule A and the amount expended for
the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees
and expenses for which the Company is liable under this policy, and shall only
apply to that portion of any loss which exceeds, in the aggregate, 10 percent of
the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the and described in Schedule A consists of two or more parcels which
are not used as a single site. and a loss is established affecting one or more of
the parcels but not all, the loss shall be computed and settled on a pro rata
basis as if the amount of insurance under this policy was divided pro rata as to
the value on Date of Policy of each separate parcel to the whole, exclusive of
any improvements made subsequent to Date of Policy, unless a liability or value
has otherwise been agreed upon as to each parcel by the Company and the
insured at the time of the issuance of this policy and shown by an express
statement or by an endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect,
lien or encumbrance. or cures the lack of a right of access to or from the land, or
cures the claim of unmarketability of title, all as insured, in a reasonably diligent
manner by any method, including litigation and the completion of any appeals
therefrom, it shall have fully performed its obligations with respect to that matter
and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or
with the Company's consent, the Company shall have no liability for loss or
damage until there has been a final determination by a court of competent
jurisdiction. and disposition of all appeals therefrom, adverse to the title as
insured.
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without
the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY.
All payments under this policy, except payments made for costs,
attomeys' fees and expenses. shall reduce the amount of the insurance pro
tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy
insuring a mortgage to which exception is taken in Schedule B or to which the
insured has agreed, assumed, or taken subject, or which is hereafter executed
by an insured and which is a charge or lien on the estate or interest described
or referred to in Schedule A, and the amount so paid shall be deemed a
payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for
endorsement of the payment unless the policy has been lost or destroyed, in
which case proof of loss or destruction shall be furnished to the satisfaction of
the Company.
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by any act
of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If requested by
the Company, the insured claimant shall transfer to the Company all rights and
remedies against any person or properly necessary in order to perfect this right
of subrogation. The insured claimant shall permit the Company to sue,
compromise or settle in the name of the insured claimant and to use the name
of the insured claimant in any transaction or litigation involving these rights or
remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the whole
amount of the loss.
If loss should result from any act of the insured claimant, as stated above,
that act shall not void this policy, but the Company, in that event, shall be
required to pay only that part of any losses insured against by this policy which
shall exceed the amount, if any, lost to the Company by reason of the
impairment by the insured claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of the insured to indemnities,
guaranties, other policies of insurance or bonds, notwithstanding any terms or
conditions contained in those instruments which provide for subrogation rights
by reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law, either the Company or the insured
may demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company and the insured
arising out of or relating to this policy, any service of the Company in connection
with its issuance or the breach of a policy provision or other obligation. All
arbitrable matters when the Amount of insurance is $1,000,000 or less shall be
arbitrated at the option of either the Company or the insured. All arbitrable
matters when the Amount of Insurance is in excess of $1,000,000 shall be
arbitrated only when agreed to by both the Company and the insured.
Arbitration pursuant to this policy and under the Rules in effect on the date the
demand for arbitration is made or, at the option of the insured, the Rules in
effect at Date of Policy shall be binding upon the parties. The award may
include attorneys' fees only if the laws of the state in which the land is located
permit a court to award attorneys' fees to a prevailing party. Judgment upon the
award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by
the Company is the entire policy and contract between the insured and the
Company. In interpreting any provision of this policy, this policy shall be
construed as a whole.
(b) Any claim of loss or damage. whether or not based on negligence,
and which arises out of the status of the title to the estate or interest covered
hereby or by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except
by a writing endorsed hereon or attached hereto signed by either the President,
a Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provision
and all other provisions shall remain in full force and effect.
17. NOTICES WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy
and shall be addressed to: Consumer Affairs Department, P.O. Box 27567,
Richmond, Virginia 23261-7567.
•
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RESOLUTION NO. 147-04 MICROFILMED
A RESOLUTION SUPPORTING THE EFFORTS OF THE
NEIGHBORING PROPERTY OWNERS TO PURCHASE 2.46 ACRES
LOCATED AT 1121 SOUTH DUNCAN AVENUE FROM JAMES
MATHIAS BY CONTRIBUTING THE REMAINING BALANCE
FROM THE TREE AND TRAILS FUND; DISCHARGING THE TREE
AND TRAILS TASK FORCE; AND ACCEPTING THE FINAL
REPORT AND RECOMMENDATIONS OF THE TREE AND TRAILS
TASK FORCE.
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
supports the efforts of the neighboring property owners to purchase 2.46 acres
located at 1121 South Duncan Avenue from James Mathias for a City Park or Green
Space by contributing the remaining balance from the Tree and Trails Fund as
recommended by the Tree and Trails Task Force, provided that in the event the
neighboring property owners are unable to raise the remainder of the purchase price
by May 1, 2005, the remaining balance shall be allocated toward the purchase of
Scull Creek Trail Corridor rights -of way.
Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby
expresses its gratitude to the members of the Tree and Trails Task Force for their
dedicated service to the community, and finding that the Task Force has completed
its duties under the Settlement Agreement in Serafini et al. v. City of Fayetteville,
hereby officially discharges the Tree and Trails Task Force.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby
accepts the Final Report and Recommendations of the Tree and Trails Task Force, a
copy of which, marked Exhibit "A" is attached hereto and made a part hereof.
PASSED and APPROVED this 2P day of September 2004.
ATTEST.
By: 74
Atelr
SONDRA SMITH, City Clerk
APPROVE
By:
DA COO 1 Y, Mayo
``....gnnmp
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y' J+,
Clarice Pearman - Duncan Avenue Closinn
From: Holly Jones
To: Pearman, Clarice
Date: 7/11/05 2:11 PM
Subject: Duncan Avenue Closing
I am forwarding the Original WD and Owner's Policy for the Duncan Avenue property purchased per
Resolution NO 147-04 on September 21, 2004. This will be sent inner -office mail this p.m. I sent it out,
before I needed reminding this time.
Thanks, Holly
Res.147-04
• •
FINAL REPORT
AND
RECOMMENDATIONS
OF
THE FAYETTEVILLE TREE & TRAILS
TASK FORCE
SUBMITTED TO THE FAYETTEVILLE CITY COUNCIL
SEPTEMBER 21, 2004
MARY ALICE SERAFINI, CHAIR
TIM CONKLIN
KYLE COOK
BOB DAVIS
BILL DOLLAR
MELISSA TERRY
BRENDA THIEL
Res. 147-04
• EXHIBIT "A"
I. INTRODUCTION
•
a. A Brief History of the Tree and Trails Task Force.
On January 2, 2001 the Fayetteville City Council, by a vote of 5-2 (with 1
abstention) approved the proposed Settlement Agreement (see attached) in the
case of Serafini et al. v. City of Fayetteville. The suit had been filed alleging that
the City of Fayetteville had approved the cutting and clearing of trees in excess
of the number allowed by ordinance at the CMN (Steele Crossing) site. The city
Council's approval of the Settlement Agreement marked the end of months of
bitter controversy.
In the Settlement, the City of Fayetteville agreed to, among other things,
appropriate $450,000.00 over a two-year period to create a Tree and Trails Trust
Fund, "for the preservation of trees, environmentally sensitive lands, or lands
with significant environmental amenities, or for additions to the City's existing
system of multi -use and walking trails " The City also agreed to establish a Tree
and Trails Task Force to advise the City Council on suitable land purchases.
The Tree and Trails Task Force is a six -member panel with representatives
from the League of Women Voters, the Ozark Headwaters Group of the
Arkansas Chapter of the Sierra Club, a member of the City's Planning staff, an
alderman from the Sidewalk and Trails Advisory Committee, an alderman from
the Environmental Concerns Committee, and a member from the Tree and
Landscape Advisory Committee.
The Tree and Trails Task Force convened it first meeting on April 26, 2001,
and began discussing the formulation of more specific criteria for assessing
properties for acquisition. The series of meetings to follow were devoted to the
gathering of information, with briefings from City Staff members from various
divisions, and representatives of outside organizations, such as the Nature
Conservancy.
b. Land Selection Criteria
As 2001 progressed, the Tree and Trails Task Force crafted an Evaluation
Criteria Worksheet (see attached) to be used to assess each candidate property.
The Worksheet was broken down into three major categories of criteria:
Environmental Conditions, Location, and Unique Features. Environmental
Conditions included rating for such things as vegetation, slope, rare or landmark
trees, the presence of rare or endangered plant or animal species, wildlife habitat,
and the potential for wetland designation. The Location category considered
such factors as the property's proximity to streams, parks, or schools, as well as
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possible linkage to existing or proposed trails, and public accessibility and
visibility of the candidate property. This category also assessed the likelihood of
development of the property within the next five years. Finally, the Unique
Features category noted the presence of waterfalls, rock outcroppings, and the
overall aesthetic value of the candidate property.
Early in the process, Task Force members made site visits to various
properties suggested by citizens, staff and other Task Force members. These
visits included two properties on Mt. Sequoyah owned by the Methodist
Assembly and Dr. Tony DePalma respectively. The Task Force also toured the
Scull Creek and Center -Prairie Trail Corridors.
In the Spring of 2002, the Task Force evaluated several candidate
properties using the Evaluation Criteria Worksheet, and scored them as follows:
• 1-540 Gateway: Description includes a wooded hillside with a creek.
Score: 55.5 points
• North of Leverette School. Description includes wooded with educational
potential. Score: 47 points
• Razorback Road Gateway: Description includes a hillside, wooded,
highly visible, and a gateway to Fayetteville and Northwest Arkansas.
Public access would not be needed but it is available. A portion of this
property has been proposed for a trail Score: 42 points
• South of Township. Description includes high visibility, hillside, good
stand of trees, represents the character of Fayetteville, and has pressure
for development. Close proximity to Gulley Park. Score: 42 points
• North of Holt School. Description includes wetlands, stream, close to
protected species, near schools, potential parkland, close to a proposed
trail corridor, and stands of timber. Would serve as a wetland preserve
with a trail and educational features. Score* 42 points
• 71 B Gateway: Description includes high visibility, woodland and
hillside. The site includes many trees and some old oaks. Score: 40 points
The Tree and Trails Task Force then began the process of determining the
potential cost of each candidate property, as well as the owners' willingness to
sell, etc. Eventually, appraisals were performed on the Razorback Road Gateway,
and the South of Township properties. The asking price for several of the
properties led to their elimination from serious consideration. It should also be
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Res. 147-04
noted that the property referred to above as the North of Holt School property,
(later to be called the Clabber Creek property) was acquired by the City of
Fayetteville as a generous donation from Mr. Sam Mathias.
c. Properties Recommended for Acquisition.
The Tree and Trails Task Force recommended that the three parcels
making up the Razorback Road Gateway be the first lands acquired with Tree
and Trails funds, and in early 2003, the City Council approved the purchase of
the 21.35 acres for a total price of $294,500.00, preserving forever the forested
mountainside which greets visitors approaching the City from the south.
Responding to requests from Mayor Coody, the Fayetteville Natural
Heritage Association and other citizens, the Tree and Trails Task Force next
recommended that $92,793.00 of Tree and Trails funds be devoted to the
purchase from the Western Methodist Assembly of an approximately 67 acres
tract, which came to be known as Mt. Sequoyah Woods
Finally, on August 18, 2004, the Tree and Trails Task Force voted to
recommend that the City Council evenly divide the remaining $100,246.21
between the purchase of 2.44 acres adjacent to the Center -Prairie Trail, and 2.46
acres of land off of Duncan Avenue, (also known as the Mathias property).
Property
Acreage
Funding
Recommendation
Razorback Road
Gateway
21.35 acres
$294,500.00
Mt. Sequoyah
Woods
67 acres
$92,793.00
Fay Jones Greenspace
2.44 acres
$50,123.11
'Duncan Avenue
2.46 acres
$50,123.11
II FINDINGS AND RECOMMENDATIONS
a. The City of Fayetteville should continue to seek out and acquire
natural areas for the preservation of trees, environmentally sensitive lands,
and lands with significant environmental amenities.
The Task Force identified far more properties worthy of protection and
preservation than could be purchased or leveraged with the funds earmarked in
• The Tree & Trails Task Force also recommended that in the event the Duncan Avenue purchase fell
through, the remaining balance of the Fund should be allocated to the purchase of greenspace in the Scull
Creek Trail Corridor.
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Res. 147-04
the Settlement Agreement. The accelerated pace of commercial and residential
development means that these lands will be increasingly threatened. The Task
Force urges the formulation of a formal policy of identifying and acquiring
natural areas for preservation.
b. The City of Fayetteville should establish a formal Urban Forestry
program.
Previous City of Fayetteville Urban Forestry initiatives have proven
unsustainable in that:
i. The lack of clarity as to whether the Urban Forester was
primarily an educator/arborist or whether they were
primarily a Tree and Landscape administrator of the city's tree
ordinance;
ii. Budgetary discretion, program administration and staff time
allocation is problematic;
iii. Supervision of said personnel has been unclear, depending on
whether the individual and staff worked within the Parks,
Planning or an independent department, respectively.
Considering that both services addressed in sub -item (i) are important for
Fayetteville, the Tree and Trails Task Force makes the following
recommendations:
1.1 The re-establishment of a formal Urban Forestry program;
1.2 That clarity of job tasks is at the forefront of hiring personnel for Urban
Forestry related programs;
1.3 The possibility exists that the conflicts between Urban Forestry
responsibilities and roles are a natural consequence of more work than
one person can accomplish.
1.4 In order to avoid inter -departmental conflict, it may be necessary to create
two positions:
(a) a Tree and Landscape Administrator who works in the Planning
Division and supervises development adherence to City Tree
Ordinance requirements; and
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Res. 147-04
(b) an Urban Forester who works in the Parks Department to provide
community education, apply for greenspace grants, oversee
environmental preservation areas, promote conservation easement
education and work with city administrators on overall community
beautification programs.
1.5 Even though the Planning Division and Parks have separate management
structures in the City's organization structure, collaboration between the
Urban Forester and the Tree and Landscape Administrator will be
essential for successful integration of greenspace conservation, riparian
zone preservation and urban forest protection.
c. The City of Fayetteville should adopt a Conservation Zoning
classification.
The Tree and Trails Task Force has considered the apparent anomaly as to
what defines a park and what defines a greenspace. Some dedicated greenspace
parcels do not require the standard kinds of maintenance employed in the Parks
Department's definition of parkland. Some greenspace parcels may not require
any maintenance at all.
Considering this, the Tree and Trails Task Force recommends:
2.1 The City adopt a Conservation Zoning classification (example attached);
2.2 That the tenets of this type of zoning clarify what kinds of maintenance
expectations the site presents;
2.3 That land -holding citizens who may wish to dedicate environmentally
sensitive lands in a conservation easement to the City can do so with the
knowledge of how their land will be used/ protected once it is in the
public's domain;
2.4 Management of Conservation Zoned lands should be clarified from the
start by either:
(a) Setting up an independent land trust, similar to the Nature
Conservancy, with a board of directors being citizens. Initially
appointed by City Council, totally independent after that. They
give the land trust board a conservation easement while the city
holds fee title; or