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HomeMy WebLinkAbout06-05 RESOLUTION• RESOLUTION NO. 06-05 A RESOLUTION TO APPROVE A FORTY YEAR LEASE OF 1.5 ACRES OF CITY PROPERTY TO THE PROJECT FOR VICTIMS OF FAMILY VIOLENCE, INC. WHEREAS, the Project For Victims Of Family Violence, Inc. has long served the City and our citizens with shelter, protection, housing and support for victims of domestic abuse; and WHEREAS, the Project For Victims Of Family Violence, Inc. has outgrown its current facility and secured a grant from the Donald Reynolds Foundation to construct a new, larger facility; and WHEREAS, the Project For Victims Of Family Violence, Inc. has agreed to purchase 1 5 acres of city property at its most recent appraised value, but needs to lease another 1.5 acres as a buffer/protection zone for the Fayetteville clients it serves; and WHEREAS, the City Council determines that providing a domestic violence shelter with its necessary buffer/protection zone of 1 5 acres is a valid public purpose and that the services offered to Fayetteville citizens by the Project For Victims Of Family Violence, Inc. constitute sufficient consideration for the rental value of the 1.5 acres of unimproved city land. NOW, THEREFORE, 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 the Lease Agreement For Buffer Area with the Project For Victims Of Family Violence, Inc. as attached as Exhibit "A" and authorizes Mayor Coody to execute this lease. PASSED and APPROVED this 4th day of January, 2005. ATTEST: By: 3604 SONDRA SMITH, City Clerk By: APPRt VED: AN COODY, Mayor • • ;FAYETTEVIH .' " c' o�4'GTORI -c-‘‘; "4 ff III tttttt°. • • LEASE AGREEMENT FOR BUFFER AREA This Agreement, made and entered Into this 4th day of January, 2005, by and between the City of Fayetteville, Arkansas, Lessor, and The Project For Victims Of Family Violence, Inc.. (hereinafter "The Project For Victims Of Family Violence, Inc."), Lessee, Witnesseth: WHEREAS, The Project For Victims Of Family Violence, Inc. is a non-profit agency established and dedicated to provide a Peace at Home Family Shelter and to provide counseling, support and protection for victims of family violence; and WHEREAS, providing a domestic violence shelter, counseling, support and protection to Fayetteville citizens and residents of neighboring communities are valid public purposes; and, WHEREAS, The Project For Victims Of Family Violence, Inc. will provide such service to Fayetteville citizens and residents of neighboring communities so that these citizens will be housed, counseled, protected and supported. NOW, THEREFORE, the City of Fayetteville and The Project For Victims Of Family Violence, Inc. agree as follows: 1. Leased Premises. For and in consideration of The Project For Victims Of Family Violence, Inc.'s promise to promptly provide shelter, counseling, support and protection for victims of family violence, and the covenants and agreements herein entered into and agreed upon by The Project For Victims Of Family Violence, Inc. as obligations to the City of Fayetteville, the City lets, leases and demises unto The Project For Victims Of Family Violence, Inc., subject to the terms and conditions contained herein, the following described property containing about 1.5 acres situated in Washington County, Arkansas. (Attached as Exhibit A is the legal description and map.) To have and to hold said premises unto the said The Project For Victims Of Family Violence, Inc. for and during the term herein stated, subject to the covenants, terms and conditions herein contained. 2. Term. This lease shall commence on January 4, 2005, and shall extend for a term of Forty (40) years, ending at midnight on January 3, 2045. 3. Consideration. The primary consideration for the City is The Project For Victims Of Family Violence, Inc.'s agreement in paragraph 4 to serve Fayetteville citizens and residents of surrounding communities by promptly constructing its Peace at Home Family Shelter. 4. Use. The Project For Victims Of Family Violence, Inc. agrees to use the lease premises for the purpose of a protective buffer area for its Peace at Home Family Shelter. If at any time the property ceases to be used for this purpose, the lease shall terminate. The Project For Victims Of Family Violence, Inc. agrees to furnish a Peace at Home Family Shelter for Fayetteville citizens and residents of neighboring communities throughout this lease period. The Project For Victims Of Family Violence, Inc. shall deliver quarterly written reports to the Mayor's office concerning the number of Fayetteville citizens/residents housed or otherwise assisted by The Project For Victims Of Family Violence, Inc. • • 5. Improvements. The Project For Victims Of Family Violence, Inc. may make any such improvements as are necessary to carry out the purpose of this lease. Design for any such improvements shall be approved by the City of Fayetteville. Upon termination of this lease, all improvements shall become the property of the City. 6. Taxes. The Project For Victims Of Family Violence, Inc. shall pay any and all ad valorem taxes and special improvement district taxes levied and assessed against said premises and the improvements located thereon during the term of this lease. 7. Notices. All notices, requests, demands and other communications required by or permitted hereunder shall be in writing and shall be directed to the following: City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 The Project For Victims Of Family Violence, Inc. P.O. Box 1923 Fayetteville, AR 72702-1923 8. Assignment. The Project For Victims Of Family Violence, Inc. shall not assign this lease or sublet the lease premises without prior written consent of the City. Any such assignment or subletting shall in no way relieve The Project For Victims Of Family Violence, Inc. from liability for the obligation imposed by this lease. The Project For Victims Of Family Violence, Inc may only be released from liability for the obligation imposed by this lease by a specific written release executed by the City. 9. Insurance. A. The Project For Victims Of Family Violence, Inc. shall be solely responsible for maintaining insurance on its property, including movables, trade fixtures, furniture, furnishings and inventory, as well as improvements to the property. B. The Project For Victims Of Family Violence, Inc. shall, during the term of this lease, maintain public liability insurance. The limits of such public liability insurance shall not be less than $500,000.00 per person and $500,000.00 per accident. The policy shall contain a clause that the insurer will not cancel or change the insurance without giving the City of Fayetteville, ten days prior written notice. A certificate of such insurance shall be delivered to the City. 10. Maintenance. The Project For Victims Of Family Violence, Inc. shall be responsible for all maintenance, routine preventative or corrective, on any and all improvements made to the leased property. 11. Compliance with Laws. The Project For Victims Of Family Violence, Inc. agrees not to violate any law, ordinance, rule or regulation of any governmental authority having jurisdiction of the leased premises. This agreement shall be governed by the laws of the State of Arkansas. 12. Waste/Nuisance. The Project For Victims Of Family Violence, Inc. agrees not to commit waste, nor permit waste to result or to be done to or upon the aforesaid premises. Further, The Project For Victims Of Family Violence, Inc. agrees not to operate, nor permit to be operated, nor to exist thereon or therein, any public or private nuisance. 13. Title and Quiet Enjoyment. The City of Fayetteville covenants and warrants that it is the owner in fee simple absolute of the leased premises and may lease said premises as herein 2 1 • • provided. Upon the observance and performance of all the covenants, terms and conditions upon The Project For Victims Of Family Violence, Inc.' part to be observed and performed, The Project For Victims Of Family Violence, Inc. shall peaceably and quietly hold and enjoy the demised premises for the term hereby demised without hindrance or interruption by the City or any other person or persons lawfully or equitably claiming by, through or under the City, subject to the terms and conditions of this lease. 14. Entire Agreement. This lease agreement contains the entire agreement of both parties hereto, and no other oral or written agreement shall be binding on the parties hereto 15. Approval of Transfer of Federal Restrictions on Development. This lease and the sale of the adjoining 1.5 acres to The Project For Victims Of Family Violence, Inc. is expressly conditional upon the approval of the state and federal authorities to allow the City of Fayetteville to transfer current federal restrictions on this land to an area of Lake Sequoyah Park. Failure of the federal or state authorization to lift the restrictions on development of this land (by placing those restrictions on land offered by the City at Lake Sequoyah) shall nullify this agreement. IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and seals on this the 94-4 day of January, 200f ATTEST: By: :tt€� '/TR >, =U• -PS : FAYETIEVILLE; 1;tt 9By %9syRKANSP�J?�� ''�.;NGTgN" Sondra Smith, City Clerk ATTEST: By: Title By CITY OF FAYETTEVILLE, Lessor D • COODY, Mayor THE PROJECT FOR VICTIMS OF FAMILY VIOLENCE, Lessee 3 CIATTORNEY AGENDA REQGEST FOR: COUNCIL MEETING OF JANUARY 4, 2005 d6 -o5 1/2e-605 of 44/ IY 00/Aw, Inc. FROM: KIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Approve A Forty Year Lease Of 1.5 Acres Of City Property To The Project For Victims Of Family Violence, Inc. APPROVED F I ' AGENDA: ity Attorney Date i2 -L8 -VT Finance & Internal Services Director Date (2 12-3 lot Date • • RESOLUTION NO. A RESOLUTION TO APPROVE A FORTY YEAR LEASE OF 1.5 ACRES OF CITY PROPERTY TO THE PROJECT FOR VICTIMS OF FAMILY VIOLENCE, INC. WHEREAS, the Project For Victims Of Family Violence, Inc. has long served the City and our citizens with shelter, protection, housing and support for victims of domestic abuse; and WHEREAS, the Project For Victims Of Family Violence, Inc. has outgrown its current facility and secured a grant from the Donald Reynolds Foundation to construct a new, larger facility; and WHEREAS, the Project For Victims Of Family Violence, Inc. has agreed to purchase 1.5 acres of city property at its most recent appraised value, but needs to lease another 1.5 acres as a buffer/protection zone for the Fayetteville clients it serves, and WHEREAS, the City Council determines that providing a domestic violence shelter with its necessary buffer/protection zone of 1.5 acres is a valid public purpose and that the services offered to Fayetteville citizens by the Project For Victims Of Family Violence, Inc. constitute sufficient consideration for the rental value of the 1.5 acres of unimproved city land. NOW, THEREFORE, 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 the Lease Agreement For Buffer Area with the Project For Victims Of Family Violence, Inc. as attached as Exhibit "A" and authorizes Mayor Coody to execute this lease. PASSED and APPROVED this 4th day of January, 2005. j_,, APPROV�L'�` O By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk Clarice Pearman - Victims of Family Viol. Inc Page 1 From: Clarice Pearman To: Williams, Kit Date: 1/11/05 3:35PM Subject: Victims of Family Violence Inc Attached is the resolution passed by the City Council on January 4, 2005 regarding the lease agreement for 1.5 acres to Victims of Family Violence. If anything else is needed please let me know. Thanks. (Pege 1 of Z) Part of Parcel No. 765-13206-010 WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the sum of Thirty Thousand Dollars ($30,000.00), the receipt of which Is hereby acknowledged, do hereby grant, bargain, sell and convey unto the Peace at Home Family Shelter, Inc., a • non-profit 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: A part of the Southeast Quarter (SE%) of the Northwest Quarter (NW%) of Section 18, Township 17 North, Range 29 West, Washington County, Arkansas, being more particularly described as follows: Commencing at a found iron pin at the Northwest corner of said forty (40) acre tract; thence South 87° 24' 50" East 72.08 feet to a point; thence South 02° 35' 10" West 40.44 feet to a set iron pin and the Point of Beginning, said point being twenty-five (25) feet southerly of and perpendicular to the centerline of Ivey Road; thence South 03° 39' 50" West 44 26 feet to a set iron pin; thence South 87° 24' 50" East 497.83 feet to a set iron pin; thence South 03° 39' 50" West 124.55 feet to a set iron pin; thence North 87° 24' 50" West 517.83 feet to a set iron pin; thence North 03° 39' 50' East 168.81 feet to a set Iron pin, said pin being twenty-five (25) feet southerly of and perpendicular to the centerline of Ivey Road; thence parallel to said centerline of Ivey Road South 87° 24' 50" East 20.00 feet to the Point of Beginning containing 1 50 acres more or less. Together with a utility easement twenty feet in width with a centerline located 35 feet south of and parallel o the centerline of Ivey Road. The above described property having been surveyed; by Daryl V. Doyal, being recorded in Deed Ref. 2006-00007281 on file in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grate 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 titre to the said lands against all legal claims whatever. WITNESS the execution hereof on this •. ,,,gltr pm:,lti .`:i rti5e 4vicaoril iIJ .):@CI react d Caorrae .., :n;a retro bursa (-Won ',et a r;n • :At �� 420 /414-43/0E.,ofeel ATTEST. • &"1/4) Sondra 'Smit h, City Clerk {pt a9/100 wiv Stet eg F13.2006-00014569 filo, Doc ID 009854690002 T • REL Recorded 04/ /2006 et 03 0e 0 PM Fee Amt: 8 .00 Pao* o Waehlnaton County. AR Bette Stam C rcu t Cle k / 4Nt day of l7 h /1 By: CITY OF F • ETTEVILLE, RKANSAS A Munlei :�C,orrporatio 1 Dan • , • , Mayor 12006. C' • 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 end 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, respectively, 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 corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, 4es and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 4" ( 2006. MY COMMISSION EXPIRES: Plait 8, ao/o ,r• vhogbikia TaMr • �= nal . ® • � = vim• 47 Notary Public estail • CITY ENGINEERING DIVISION NERI L 113 W. MOUNTAIN I '� AIN STREET FAYETTEVILLE. ARKANSAS AAA WY MN cow 571-1301 PEACE AT 110111 aaaR: cITr OP RAYRT.NLLY CCWOARY PLAT CITY OF FAYETTEVILLE, ARKANSAS PROPERTY LINE ADJUSTMENT FOR STAFF USE • ONLY Date Application Submitted: Date Accepted as Complete: Case //Weal Number: Public flearink Dale: FEE: $200.00 S -T -R: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be processed until this information is furnished. Application: Indicate one contact person for this request: Applicant Representative Applicant (person making request): Representative (engineer, surveyor, realtor, etc.): Name- G /TY of FAYETrBVlLLE Name- Roll PETRIE E-mail: Address- 113 W• MOUNTAtiI E-mail: Address - 125 1N. MOU11'hAiN FAY ETfEVILLEiAR 72101 FAYETft=VILE,Alt -n-ioi Phone- Phone- ( ) ( ) Fax - Fax - ( ) ( ) Site Address/Location: EAST OF CROSSOVER Roapt SOUTH OF Nei ROAD Current Zoning District: R SF. �I Assessor's Parcel Numbers for subject properties: '765,5•- 13204- 010,0 145--13204-011 Size of parent tracts before the requested adjustment (in acres): Tract A Tract B 1.50 44.40 Size of tracts after the requested adjustment (in acres): TractA 1.50 Tract B 44 , 90 February 2004 Page l FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: APPLICANT/REPRESENTATIVE: 1 certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. Name (printed): Ro4 PETI21 E I CITY E146 INEI+K Signature: Date: PROPERTY OWNERS) /AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that llwe have read this application and consent to its filing. (If signed by the authorized agent, a letter from each property owner must be provided indicating that the agent is authorized to act on his/her behalf) Owners of each parcel being adjusted must sign this application. Owners (attach additional info if necessary): ITy or FAYETTEVILLE A 0 Name (.rinted Si nature: Date: 3 ((3 (o Address: 1)5 W , MouWtAtld FAQEflt11ILLE ttot '72701 Phone: ( Crry OF FAYETTEVILLE Address: Ili W. MOVµTAIN Name (printed): gp/JDRA SMITt}/City CLEiGC Gtti61t-0te e Signature: Date: 3l i3/011 FAYars v L. AR 71701 Phone: ( Staff Use Only Administrative Approval: Zoning & Development Administrator Date Conditions: February 2004 Page 2 • Checklist: Attach the following items to this application: ❑ 1. Payment in full of applicable fees for processing the application ($200.00). O 2. Legal description of property (may be found on deed or current survey of property). A survey may be required if the deed cannot be platted accurately. Legal description shall appear on plat and shall be submitted on floppy, cd or by email to cmonreal(cilci.favetteville.acus in word or word perfect format. O 3. A copy of the plat on record in the county assessor's office. The owner's name and the parcel number for every adjacent property shall be shown on this plat (map). O 4. Eleven (11) copies of a survey of the properly showing the following information: a. Lot configuration including bearings and distances and size for each existing lot. b. Lot configuration including bearings and distances and size for each proposed lot. c. Dimension each right-of-way from centerline. d. All easements - present and proposed. e. Vicinity map indicating several north/south streets and several east/west streets as well as a north arrow indication. f. Required setbacks based on zoning district. 5. If this lot split is less than 1.5 acres, approval from the Arkansas Department of Health is required allowing for an individual sewage disposal system prior to the lot split application. • February 2004 Page 3 FAYETTEVILLE TIIE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 Dear Applicant: The City of Fayetteville is attempting to increase the level of public participation in the planning process through the involvement of neighborhood organizations. Accordingly, the Planning Division as well as the Planning Commission strongly encourages you to contact the president of the neighborhood in which your intended project falls to discuss the project with the neighborhood association. The following document lists the contact persons for Fayetteville's registered neighborhoods. Additionally, there is a map of Fayetteville that denotes the boundaries of the area's neighborhood associations. Please use these tools to contact the neighborhood leader in which your prospective project falls. For an interactive look at the neighborhood association map, please visit our website at www.accessfayetteville.org. Keep in mind that current methods of notification are required by state law and city ordinance regardless of whether a neighborhood association exists. If you have any questions about neighborhood associations or their boundaries, please contact Julie at (479)575-8253. Thank you for helping us to improve communication among interested parties. Sincerely, Julie McQuade Neighborhood Coordinator Tim Conklin Planning and Development Management Director February 2004 Page 4 (Page 1 of 1) Pan of Parcel No. 765132084310 '-CORRECTION- WARRANTY DEED (TNs document corrects end molar Doc. Ref. 200600014569, recanted 04/12(2006, In the Otto of the Grouh Clerk and Eft-0IIIdo Reorder of Washington County, Nkanees.) BE IT KNOWN BY THESE PRESENTS: ,1 I l oeo ID: 01 48475000 rtmet REL Recorded 08/21/2007 et 02*0s 8 PM F o Ault 815 00 Pew 1 0 1 Sett.m°term'OCirculftRClerk F11112007-00032193 • THAT the City of Fayetteville, Arkaneas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the sum of Thirty -' Thousand Dowers ($30,000.00), the receipt of which Is hereby acknowledged do hereby grant, bargain, Bell and convey unto the Peace at Home Family Shelter, Inc., a non-profit corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated In the County of Washington, State of Arkansas, tom A part of the Southeast Quarter (SE%) of the Northwest Quarter (NW%) of Section 18, Townshipp 17 North, Range 29 West, Washington County, Arkansas, being more particularly described as lollaws: Commencing at a found Iron pin at the Northwest comer of said forty (40) acre tract; thence South or 24' 50' East 148.91 feet to a point', thence South 02' 35' 10' West 40.44 feet to the Point of Beginning, said pint being twenty-five (25) feet southerly and, perpendicular to the centerline of Ivey Road; thence South 02' 35' 08' West 102.86 feet to a point thence South 87. 24' 50' East 263.31 feet to a pobht thence South 02' 35' or West 165.83 feet to a point thence North 87' 24' 50' West 387.75 feet to a pole* thence North 02' 35' OW East 165.94 feet to a.po nt thence parallel to the centerline of Ivey Road South 87' 24' 60" East 114.47 feet (hence North 02' 35' O8' East 102.85 feet to a point being twenty-five (25) feet southerly and perpendicular to the centerline of Ivey Road; thence parallel to said centerline of Ivey Road South 87' 24' 50" East 10.00 feet to the Point of Beginning, containing 1.50 acres, more or less. Together cul h a uhity easement twenty feet In width with a cented m located 35 feet south of and parallel to the centerline of Ivey Road. The above described property having•been surveyed by Daryl V. Doyal, being recorded In Doc. Ref. 2007-00030612 on file in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. TO HAVE AND TO HOLD the said lands and appurtenances hereunto 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 tide to the said lands against all legal claims whatever. WRNESS the execution hereof on this « day of G16(G}{tor 2007. ATTEST: letat roc Smith C rk CRY o A AYETTEVILLE, ARKANSAS ( Eon int r (SEAL) STATE OF ARKANSAS COUNTY OF WASHINGTON ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on thls date before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personalty appeared Dan Goody 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, respeclvely, of the City of Fayetteville, Arkansas, a Municipal Corporation, and are duly authorized In their respective capacities to execute the forego] natrument for and In the name and behalf of said corporation, and further stated and ecknaledged that they has1 ecuted and delNered said instrument for the consideration, uses and purposes therein mentioned end se .9aiC' ^. WITNESS my hand and eerficelh(`�a�of 1 U'p'0 6 ,t o '• � ,-..43.71:2•.0.. �1 ^ o 'i 11 Public is -..r, . . / .ty MY COMMISSION EXPIRES: 9-I g�0i Pb z 1 • Part of Parcel No. 765-13206-010 -CORRECTION- WARRANTY DEED (This document corrects and replaces Doc. Ref. 2006-00014569, recorded 04/12/2006, in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas.) BE IT KNOWN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the sum of Thirty Thousand Dollars ($30,000.00), the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the Peace at Home Family Shelter, Inc., a non-profit 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: 1-'41 41( /its, 66 -es M 71/5/17 peat ih thn deaoatl, etetei A part of the Southeast Quarter (SE%) of the Northwest Quarter (NW'/.) of Section 18, Township 17 North, Range 29 West, Washington County, Arkansas, being more particularly described as follows: Commencing at a found iron pin at the Northwest comer of said forty (40) acre tract; thence South 87° 24' 50" East 148.91 feet to a point; thence South 02° 35' 10' West 40.44 feet to the Point of Beginning, said pint being twenty-five (25) feet southerly and perpendicular to the centerline of Ivey Road; thence South 02° 35' 08" West 102.85 feet to a point thence South 87° 24' 50" East 263.31 feet to a point; thence South 02° 35' 08" West 165.93 feet to a point; thence North 87° 24' 50" West 387.78 feet to a point; thence North 02° 35' 08° East 165.94 feet to a point; thence parallel to the centerline of Ivey Road South 87° 24' 50" East 114.47 feet; thence North 02° 35' 08" East 102.85 feet to a point being twenty-five (25) feet southerly and perpendicular to the centerline of Ivey Road; thence parallel to said centerline of Ivey Road South 87° 24' 50" East 10.00 feet to the Point of Beginning, containing 1.50 acres, more or less. Together with a utility easement twenty feet in width with a centerline located 35 feet south of and parallel to the centerline of Ivey Road. The above described property having been surveyed by Daryl V. Doyal, being recorded in Doc. Ref. 2007-00030612 on file in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. TO HAVE AND TO HOLD the said lands and appurtenances hereunto 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. WITNESS the execution hereof on this day of tp 2007. CITY 0 AYETTEVILLE, ARKANSAS A Mu al Corp • ation By: Da ATTEST: ofrnetteu &944.(24;) Sonora Smith City Clerk Coody, ayor [SEAL] 4 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 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, respectively, 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 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 2007. MY COMMISSION EXPIRES: Notary Public coy (8.16.07 Clarice Pearman - Warranty Deed Page 1 From: Clarice Pearman To: Goddard, Jill Date: 8.16.07 12:47 PM Subject: Warranty Deed nu, Please remember to send me a copy of the file marked copy of the Correction Warranty Deed for Peace at Home to put with the resolution. 1 appreciate you. Have a good day. Thanks. Clarice