HomeMy WebLinkAbout107-05 RESOLUTION• 1
RESOLUTION NO. 107-05
A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE
CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND THE
CLYDENE SCHARLAU TRUST FOR THE PURCHASE OF REAL
PROPERTY AND EASEMENTS REQUIRED FOR THE NEW
HAMESTRING PUMPING STATION IN THE AMOUNT OF
$27,000.00.
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 Clydene Scharlau Trust for the purchase of real property and
easements required for the New Hamestring Pumping Station in the amount of
$27,000.00. A copy of the contract is attached hereto marked Exhibit "A" and
made a part hereof.
PASSED and APPROVED this 7th day of June, 2005.
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:FAYETfEVILLE•
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By:
SONDRA SMITH, City Clerk
•
• •
OFFER AND ACCEPTANCE CONTRACT
1. The City of Fayetteville, Arkansas, a municipal corporation, offers to buy, subject to the terms and conditions
set forth herein, the following described property:
SEE ATTACHED EXHIBIT "A"
FOR PROPERTY DESCRIPTIONS
2. Purchase Price: Subject to the following conditions, the City of Fayetteville shall pay for the property at
closing, the total and cash payment of $27,000.00.
3. Contingent Earnest Money Deposit: The City of Fayetteville will forward a check for $2,700.00 to Charles
E. Scharlau, Trustee of the Clydene Scharlau Trust dated December 22, 1997, as earnest money, upon
acceptance of this offer, which shall also apply on the purchase price. This offer of purchase is contingent
upon approval of the City Council of the City of Fayetteville, Arkansas, and, if they do not so approve the
earnest money deposit will be returned to the City of Fayetteville by Charles E. Scharlau, Trustee of the
Clydene Scharlau Trust dated December 22, 1997. If title requirements are not fulfilled or Charles E.
Scharlau, Trustee of the Clydene Scharlau Trust dated December 22, 1997, fails to fulfill any obligations under
this contract, the earnest money shall be promptly refunded to the City of Fayetteville. If the City of Fayetteville
fails to fulfill their obligations under this contract or, after all conditions have been met, the City of Fayetteville
fails to close this transaction, the earnest money may, at the option of Charles E Scharlau, Trustee of the
Clydene Scharlau Trust dated December 22, 1997, become I quidated damages to Charles E. Scharlau,
Trustee of the Clydene Scharlau Trust dated December 22, 1997.
4. Conveyance will be made to the City of Fayetteville by general Warranty Deed, except it shall be subject to
recorded instruments and easements, if any, which do not materially affect the value of the property. Such
conveyance shall include mineral rights owned by Charles E. Scharlau, Trustee of the Clydene Scharlau Trust
dated December 22, 1997.
5. Charles E. Scharlau, Trustee of the Clydene Schadau Trust dated December 22, 1997, shall furnish a policy of
title insurance in the amount of the purchase price from a title insurance company as selected by the City of
Fayetteville. The City of Fayetteville and Charles E. Scharlau, Trustee of the Clydene Scharlau Trust dated
December 22, 1997, shall share equally in the cost of the title insurance.
6. Charles E Scharlau, Trustee of the Clydene Scharlau Trust dated December 22, 1997, agrees to allow the
City of Fayetteville, if the City of Fayetteville so desires, at City of Fayetteville's expense, to survey the
property. Charles E. Scharlau, Trustee of the Clydene Scharlau Trust dated December 22, 1997, 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 City of Fayetteville.
7. Taxes and special assessments due on or before closing shall be paid by Charles E. Scharlau, Trustee of the
Clydene Scharlau Trust dated December 22, 1997. Insurance, general taxes, ad valorem taxes, special
assessments and rental payments shall be prorated as of closing.
8. The closing date shall be within sixty (60) days after approval of this offer by the City Council. If such date of
closing falls on a weekend or holiday, it will be held the following working day.
9. Possession of the property shall be delivered to the City of Fayetteville on the date of closing.
10. Charles E. Scharlau, Trustee of the Clydene Scharlau Trust dated December 22, 1997, hereby grants
permission for the City of Fayetteville or its employees or designates to enter the above described property
and improvements for the purpose of inspection and/or surveying.
11. All fixtures, improvements and attached equipment are included in the purchase price.
12. Risk of loss or damage to the property by fire or other casualty occurring up to the time of closing is assumed
by Charles E Scharlau, Trustee of the Clydene Scharlau Trust dated December 22, 1997.
13. Water tap to barn will be made off of existing line within thirty (30) days after approval of this Offer and
Acceptance Contract by Fayetteville City Council. When a new waterline is extended to lift station site, water
taps for house site and barn site (both fronting on Sunshine Road) will be made off of new line.
14. An 8" sewer line will be extended off of the 24" line south of Sunshine Road. A sewer tap will be made to the
new house site (immediately north of old house site) off of the 8" line. Also, a sewer tap off of the 8" line will be
made to barn site.
15. Screening around the lift station site will consist of a fence and two rows of evergreens (one row fast growing
pines and one row slower growing evergreens).
OFFER AND ACCEPTANCE CONeCT
Page 2 of 5
•
16. Site of old lift station on south side of Sunshine Road will be leveled, graded, seeded and strawed, returning
the site to a grassy area
17. This agreement shall be governed by the laws of the State of Arkansas.
18. This agreement, when executed by both the City of Fayetteville and Charles E. Scharlau, Trustee of the
Clydene Scharlau Trust dated December 22, 1997, 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.
19. This contract expires, if not accepted by Charles E. Scharlau, Trustee of the Clydene Scharlau Trust dated
December 22, 1997, on or before the 16th day of 2005.
20. The City of Fayetteville shall submit this fully ex ted Offer and Acceptance Contract to the City Council for
their approval within thirty (301 days of acceptance by Charles E. Scharlau, Trustee of the Clydene Scharlau
Trust dated December 22, 1997.
21. NOTICE: THE CITY OF FAYETTEVILLE ASSERTS AND CHARLES E. SCHARLAU, TRUSTEE OF
THE CLYDENE SCHARLAU TRUST DATED DECEMBER 22 1997 HEREBY
ACKNOWLEDGES THAT THIS OFFER IS EXPRESSLY CONTINGENT UPON THE
APPROVAL OF THIS OFFER OF PURCHASE BY THE CITY COUNCIL OF
FAYETTEVILLE AND THAT THE FAILURE OF THE COUNCIL TO SO APPROVE WILL
MAKE ALL PORTIONS OF THIS OFFER NULL AND VOID, INCLUDING, BUT NOT
LIMITED TO, THE RETURN TO CITY OF FAYETTEVILLE OF THE $2,700.00 EARNEST
MONEY DEPOSIT.
Clydene Scharlau Trust dated December 22, 1997
arles E Scharlau, Trustee
N/a
Agent or Witness
City of Fayettev'lle, Arkansas,
A municipal co.•oration
Sondra - mi h, City Clerk
Date: 0/7a4
Date:
Date: As %-c-----
Date: 67/2421/4S.
OFFER AND ACCEPTANCE CON CT
Page 3 of 5
EXHIBIT "A"
PROPERTY DESCRIPTIONS
Lift Station Site:
A part of the North Half (N%) of the Southeast Quarter (SE%) of Section 2, Township 16 North, Range
31 West, being more particularly described as beginning at a point North 02° 31' 30" East 526.54 feet
of the Southeast corner of the Northwest Quarter (NW%) of the Southeast Quarter (SE%) of said
Section 2, thence North 59° 30' 30" West 105.87 feet to an iron pin at a fence corner; thence along an
existing fence line North 03° 54' 44" East 108.13 feet to an iron pin at a fence corner; thence along an
existing fence line North 82° 38' 48" East 45.90 feet to an iron pin; thence continuing along said fence
line North 82° 37' 18" East 149.83 feet to an iron pin; thence South 06° 42' 15" East 145.72 feet to an
iron pin; thence Southeasterly along a 100 foot radius non -tangent curve to the right a distance of
60.30 feet, said curve having a chord bearing and distance of South 63° 19' 13" East 59.40 feet;
thence South 46° 02' 30" East 92.55 feet to a nail and cap in the centerline of Sunshine Road; thence
along said centerline South 69° 08' 16" West 44.75 feet; thence continuing along said centerline
South 56° 32' 06" West 53.66 feet to a nail and cap in the Hamestring Creek Bridge; thence North 59°
30' 30" West 186.14 feet to the Point of Beginning, containing 1.11 acres, more or less, Washington
County, Arkansas Subject to any easements and/or rights of way of record.
Permanent Easement (north):
A thirty (30) foot permanent easement of equal and uniform width located in a part of the North Half (NY2)
of the Southeast Quarter (SE%) of Section 2, Township 16 North, Range 31 West, Washington County,
Arkansas, being more particularly described as follows: From the Southeast corner of the Northwest
Quarter (NW Y,) of the Southeast Quarter (SEY,) of said Section 2, thence North 02° 31' 30" East 526.54
feet to a point on the South line of the above referenced property, thence along said South property line
North 59° 30' 30" West 105.87 feet to the Southwest corner of the above referenced property, thence
along the West property line North 03° 54' 44" East 108.13 feet, thence leaving said West property line
North 82° 38' 48" East 45.90 feet to the Point of Beginning; thence North 07° 01' 04" West 237.45 feet
back to a point on the West property line; thence along said West property line North 03° 54' 44" East
42.60 feet; thence North 44° 17' 42" East 68.84 feet; thence North 88° 05' 00" East 739.90 feet; thence
North 14° 52' 37" East 40.52 feet to a point on the North line of the above referenced property; thence
along said North property line South 71° 42' 51" East 30.05 feet; thence South 14° 52 3T' West 61.02
feet; thence South 88° 05' 00" West 750.12 feet; thence South 44° 17' 42" West 45.75 feet; thence
South 03° 54' 44" West 28.70 feet; thence South 07° 01' 04" East 234.40 feet; thence South 82° 37' 18"
West 30.00 feet to the Point of Beginning, containing 33,738 square feet (0.77 acre), more or less
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, NAD 83,
the system which the City of Fayetteville presently uses. This bearing system may vary from the bearing
system previously used in describing the subject project.
Temporary Construction Easement (north):
A twenty (20) foot temporary construction and grading easement of equal and uniform width is located
along the East and South sides of the above described Permanent Water/Sewer Easement. This
temporary construction easement is shown in detail on Exhibit "A" and contains 20,831 square feet (0.48
acre), more or less.
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, NAD 83,
the system which the City of Fayetteville presently uses. This bearing system may vary from the bearing
system previously used in describing the subject project.
Permanent Easement (south):
A permanent easement of variable width located in a part of the Northeast Quarter (NE%) of the
Southeast Quarter (SE%) of Section 2, Township 16 North, Range 31 West, Washington County,
Arkansas, being more particularly described as follows: From the Southwest corner of the Northeast
Quarter (NE%) of the Southeast Quarter (SE%) of said Section 2, thence North 02° 31' 30" East 526.54
feet to a point on the South line of the above referenced property, thence along said South property line
South 59° 30' 30" East 186.14 feet to the centerline of County Road No 877 (Sunshine Road), thence
along said centerline North 56° 32 06" East 53.66 feet to the Point of Beginning; thence continuing along
the centerline of County Road No. 877 (Sunshine Road) North 69° 08' 16" East 44.75 feet; thence South
32° 41' 13" East 21.33 feet; thence North 78° 01' 06" East 117.66 feet to a point on the West line of the
Hamstring Sewage Lift Station property (Deed Book 925 at Page 782); thence along said West property
line South 11° 08' 00" East 45.20 feet to a point on the North line of an existing 15 foot utility easement;
thence along said North line North 87° 00' 34" West 147.80 feet; thence continuing along said North line
South 51° 33' 15" West 17.28 feet; thence North 32° 41' 13" West 29.67 feet to the Point of Beginning,
containing 4,725 square feet (0.11 acre), more or less.
•
OFFER AND ACCEPTANCE CONI CT
Page 4 of 5
•
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, NAD 83,
the system which the City of Fayetteville presently uses. This bearing system may vary from the bearing
system previously used in describing the subject project.
Temporary Construction Easement (south):
An eleven (11) foot temporary construction and grading easement of equal and uniform width is located
along the North side of the above described Permanent Water/Sewer Easement. This temporary
construction easement is shown in detail on Exhibit "A" and contains 1,318 square feet (0.03 acre), more
or less
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, NAD 83,
the system which the City of Fayetteville presently uses. This bearing system may vary from the bearing
system previously used in describing the subject project.
Permanent Easement Description (for 8" extension):
A twenty (20) foot permanent easement of equal and uniform width located in part of the Northeast
Quarter (NEY,) of the Southeast Quarter (SE%) of Section 2, Township 16 North, Range 31 West,
Washington County, Arkansas, being more particularly described as follows: From the Southwest corner
of the Northeast Quarter (NE%) of the Southeast Quarter (SE%) of said Section 2, thence South 87° 22'
00" East 594.27 feet, thence North 02° 38' 00" East 572.98 feet to the Point of Beginning, said point
being on the North line of an existing 50 foot utility easement; thence along said North line North 77° 47'
36" East 20.00 feet; thence North 12° 12' 24" West 60.00 feet; thence South 77° 47' 36" West 20.00
feet; thence South 12° 12' 24" East 60.00 feet to the Point of Beginning, containing 1,200 square feet
(0.03 acres), more or less.
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, NAD 83
the system which the City of Fayetteville presently uses. This bearing system may vary from the bearing
system previously used in describing the subject project.
Temporary Construction and Grading Easement Description (for 8" extension):
A ten (10) foot temporary construction and grading easement of equal and uniform width is located along
the North, East, and West sides of the above described permanent Water/Sewer Easement. This
temporary construction easement is shown in detail on Exhibit "A" and contains 1,600 square feet (0.04
acres), more or less
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, NAD 83
the system which the City of Fayetteville presently uses. This bearing system may vary from the bearing
system previously used in describing the subject project.
SIGNED FOR IDENTIFICATION:
Clydene_Z1iarlau Trust dated December 22, 1997
Charles E Scharlau, Trustee
N�a
Agent or Witness
City of Fayetteville, Arkansas,
A munici •al corporati • n
Sondra mi h, City Clerk
Date: f 731A
Date:
Date:
Date: e//9".s—
l
OFFER AND ACCEPTANCE CON.CT
Page 5 of 5
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
1
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 Charles E Scharlau, Trustee of the Clydene Scharlau Trust
dated December 22, 1997, to me well known as the person who executed the foregoing document, and who stated
and acknowledged that he 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 3(J1 -
coo D D.140 tyys
`y;f'tx►.,S
vMlb 6l IV Ex: st5�� o
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aN/NC10'
RES:
day of MJ4 2005.
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 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 /!J day of _ �e(AI P—. 2005.
MY COMMISSION EXPIRES:
s
OTARY •••.•,n`-`'..
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ry Public
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2 / 10
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NO3.54.44'E
106.13'
NO2.31'30'E 526.54'
0
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•
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PUE 18.1 - 33,738 SQ. FT. (0.77 ACRES)
TCE 18A - 20,831 SQ. FT. (0.48 ACRES)
UTILITY EASEMENT PLAT
TRACT MAP NO. 18
EXHIBIT "A"
Basis of Bearings:
Based on the City of
Fayetteville GPS
Coordinate System
40 ACR
UNE
NE CORNER
NWI/4, SE1/4
SECTION 2
T -16-N, R -31-W
LOT 2
GILCHRIST MEADOWS
N88'05'00'E
739.90
S88'05'00'14
750.12'
"92•38' AWE
45.90'
Hanestr/ng
Creek
z
0
.'
J-
Np
S44'17'42'V
45.75
S03'54'44'V
28.70'
L 20' TCE
4
0
0�
SE CORNER
NW1/4, 5E1/4
SECTION 2
T -16-N, R -31-W
001-11407-006
001-11428-000
1
"
001-11407-001
001-11407-005
Cree"
CITY OF FAlETIEMLLE
COSTING HAMESTRING SEWER
UFT STATION
CITY PROPERTY
FAIRFIELD SUBDIVISION
PHASE 3
LEGEND
Comers of Permanent
Utility Easement
Tax Parcel Numbers
2001-143281 — Deed Records
UE
TCE
SCALE! 1' = 200'
Permanent Utility Easement
Temporary Construction Easement
Existing Utility Easement Line
Existing Property Line
Utility Easement
Temporary Construction Easement
City of
Fayetteville
Water & Sewer Department
Property Owner : CLYDENE SCHARLAU TRUST
Drawn by : McClelland Consulting Engineers
Date: Aug 2004
Scale : 1' = 200'
Project Name :
Westside Sewer Interceptors
No.
Revisions
Date
Project No. 02133-0305
WL4 - TRACT 18
C:\data\2001\012133 RJN\T
Crepe/1_47o
•
*TY OF FAYETTENUP
FUTURE HAMSTRING
SEWER UFT STATION
PROPERTY
e
•
UTILITY EASEMENT PLAT
WL3 TRACT MAP NO. 21
EXHIBIT "A"
\
\116910
3206G. `
�gbyyy6 POD `
PUE 21.1 — 4,725 SQ. FT. (0.11 AC.)
TCE 21A — 1,318 SQ. FT. (0.03 AC.)
NOTE
419 sq.ft. of the above PUE 21.1 is
within the existing asphalt roadway.
110 H78'Ot'06'E
r 117.66
(Co S S Ro. 877)
scanS�
50 UE
(925_781)
Basis of Bearings:
Based on the City of
Fayetteville GPS
Coordinate System
SCALED 1' = 100'
SW CORNER
NE1/4 SE1/4
SECTION 2
T -16-N. R -31-W
W
0
m
0
(// 5511728'".1
17 28'
aiY
PROPERTY
•
001-11407-001
001-11407-005
001-11407-006
001-11428-000
Corners of Permanent
Utility Easement
2001-143281 —
Tax Parcel Number
Deed Record
4
o -Po
t
5.
LEGEND
e
UE —
TCE —
tying
Lreel4
CITY OF FAYETIENUF
E%ISENG HAMESTRING SEWER
UFT STATION PROPERTY
(925-782)
105
106
FAIRFIELD SUBDIVISION
PHASE 3
Permanent Utility Easement
Temporary Construction Easement
Existing Utility Easement Line
Existing Property Line
Utility Easement
Temporary Construction Easement
City of
Fayetteville
Water & Sewer Deportment
Property Owner : cLYDENE SCHARLAU TRUST
Drawn by : McClelland Consulting Engineers
Date: Sept 2004
Scale : 1' = 100'
Project Name :
Westside Sewer Interceptors
No.
Revisions
Date
Project No. 02133-0305
WL3 — Tract No. 21
•
•
PUE 22.1 — 1,200 S0. FT. (0.03 AC.)
TCE 22A — 1,800 S0. FT. (0.04 AC.)
NOTE
420 sq.ft of the above PUE 22.1 is
within the existing asphalt roadway.
412 sq.ft. of the above TCE 22A is
within the existing asphalt roadway.
L
OTY OF FAYETTEVILLE '`.
FUTURE HAMESTRING \
SEWER LIFT STATION
PROPERTY
(C
•
UTIUTY EASEMENT PLAT
WL3 TRACT MAP NO. 22
EXHIBIT "A'
Raaa NR 877)
cHINB OAD
10' TCE 22A
P0B
22.1
r o_
C
20 P_
5p
UE
(925-781) _s
CITY
PROPERTY
CORNERNE1/4
SECTION 2
T -18-N, R -31-W
4
42
105
Ge
CITY OF FAYETTEVILLE
EXISTING HAMESTRING SEWER
UFT STATION PROPERTY
(925-782)
106
FAIRFIELD SUBDIVISION
PHASE 3
S87'22'00'E
59427'
• Corners of Permanent
Utility Easement
001-11407-001
001-11407-005
001-11407-008
001-11428-000
2001-143281
Tax Parcel Number
Deed Record
40 ACRE LINE
LEGEND
UE
TCE
CITY
PROPERTY
--
SCALD 1' = 100'
Basis of Bearings:
Based on the City of
Fayetteville GPS
Cocrdinate System
SE CORNER
NE1/4, SE1/4
SECTION 2
T -18-N, R -31-W
N87'22'00'v
72947'
Permanent Utility Easement
Temporary Construction Easement
Existing Utility Easement Line
Existing Property Line
Utility Easement
Temporary Construction Easement
City of
Fayetteville
Water & Sewer Deportment
Property Owner : CLYDENE SCHARLAU TRUST
Drown by : McClelland Consulting Engineers
Date: March 2005
Scale : 1' = 100'
Project Name :
Westslde Sewer Interceptors
No.
Revisions
Date
Project No. 02133-0305
WL3 — Tract No. 22
• . 65
--77-27.7.--:‘,71::: &/7/65
City Council Meeting of May 3, 2005 -
CITY COUNCIL AGENDA MEMO /� //07
To: Mayor and City Council (9(k'M ' a uT/
From: Bob Davis, P E , Water & Wastewater Director Y (
\
ust
Date: May 20, 2005
Subject: Approval of a lump sum of $27,000 to purchase easements based on
completed appraisals for Wastewater system Improvements Project WL -6
(Hamestring Lift Station).
RECOMMENDATION : Staff recommends approval of purchase of the easements for
Project WL -6 consisting of construction of the new Hamestring Lift Station.
BACKGROUND: As part of the Wastewater System Improvements Project (WSIP) the
City of Fayetteville has undertaken to build a new Hamestring Lift Station (northwest)
across the road from the existing Hamestring Lift station at West Jess Anderson Road and
Sunshine Road Route 877. The wet well/dry well liftstation. Upon completion of the
new lift station, the old lift station on the south side of Sunshine Road will be leveled,
graded, seeded and strawed, returning the site to a grassy area.
DISCUSSION: WL -6 will be bid out toward the middle of 2006. This is a "county"
property and 3 concessions were made in the offer to the Owner. They include:
1. A water tap to the barn be made off of an existing line.
2. An 8" sewer line will be extended off of the 24" line south of Sunshine Road. A
sewer tap will be made to the new house site off of the 8" line.
3. A sewer line off of the aforementioned 8" line will be made to the barn site.
BUDGET IMPACT: Payment for easements will be from the 3/4 —cent sales tax bond
election held on November 6, 2001 for the Wastewater System Improvements Project.
Funding through the Arkansas Soil and Water Conservation Commission will not be used
to fund this expense. The $27,000.00 requested for these services is 0.0002% of the
$125,000,000.00 budget allocated for the Wastewater System Improvements Project.
• •
RESOLUTION NO.
A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE
CONTRACT BETWEEN THE CITY OF FAYE1 IEVILLE AND THE
CLYDENE SCHARLAU TRUST FOR THE PURCHASE OF REAL
PROPERTY AND EASEMENTS REQUIRED FOR THE NEW
HAMESTRING PUMPING STATION IN THE AMOUNT OF
$27,000.00.
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 Clydene Scharlau Trust for the purchase of real property anile
easements required for the New Hamestring Pumping Station in the Au it of
$27,000.00. A copy of the contract is attached hereto marked b t "As nd
made a part hereof.
ATTE
PASSED and APPROVED this 7th day ill
, June, 2005.
OVED:
PVT CODS', Mayor
• •
OFFER AND ACCEPTANCE CONTRACT
The City otFayettexille,.Arkansas, a municipal camnratinn,_offers to buy, subject to the terms and conditions
set forth herein, the following described property:
SEE ATTACHED EXHIBIT "A"
FOR PROPERTY DESCRIPTIONS
2. Purchase Price: Subject to the following conditions, the City of Fayetteville shall pay for the property at
closing, the total and cash payment of $27,000.00.
3. Contingent Earnest Money Deposit: The City of Fayetteville will forward a check for $2,700.00 to Charles
E. Scharlau, Trustee of the Clydene Scharlau Trust dated December 22, 1997, as earnest money, upon
acceptance of this offer, which shall also apply on the purchase price. This offer of purchase is contingent
upon approval of the City Council of the City of Fayetteville, Arkansas, and, if they do not so approve, the
eamest money deposit will be returned to the City of Fayetteville by Charles E. Scharlau, Trustee of the
Clydene Scharlau Trust dated December 22, 1997. If title requirements are not fulfilled or Charles E.
Scharlau, Trustee of the Clydene Scharlau Trust dated December 22, 1997, fails to fulfill any obligations under
this contract, the earnest money shall be promptly refunded to the City of Fayetteville. If the City of Fayetteville
fails to fulfill their obligations under this contract or, after all conditions have been met, the City of Fayetteville
fails to close this transaction, the earnest money may, at the option of Charles E Scharlau, Trustee of the
Clydene Scharlau Trust dated December 22, 1997, become liquidated damages to Charles E. Scharlau,
Trustee of the Clydene Scharlau Trust dated December 22, 1997.
4. Conveyance will be made to the City of Fayetteville by general Warranty Deed, except it shall be subject to
recorded instruments and easements, if any, which do not materially affect the value of the property. Such
conveyance shall include mineral rights owned by Charles E. Scharlau, Trustee of the Clydene Scharlau Trust
dated December 22, 1997.
5. Charles E. Scharlau, Trustee of the Clydene Scharlau Trust dated December 22, 1997, shall fumish a policy of
title insurance in the amount of the purchase price from a title insurance company as selected by the City of
Fayetteville. The City of Fayetteville and Charles E. Scharlau, Trustee of the Clydene Scharlau Trust dated
December 22, 1997, shall share equally in the cost of the title insurance.
6. Charles E Scharlau, Trustee of the Clydene Scharlau Trust dated December 22, 1997, agrees to allow the
City of Fayetteville, if the City of Fayetteville so desires, at City of Fayetteville's expense, to survey the
property. Charles E. Scharfau, Trustee of the Clydene Scharlau Trust dated December 22, 1997, 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 City of Fayetteville.
7. Taxes and special assessments due on or before closing shall be paid by Charles E Scharlau, Trustee of the
Clydene Scharlau Trust dated December 22, 1997. Insurance, general taxes, ad valorem taxes, special
assessments and rental payments shall be prorated as of closing.
8. The closing date shall be within sixty (60) days after approval of this offer by the City Council. If such date of
closing falls on a weekend or holiday, it will be held the following working day.
9. Possession of the property shall be delivered to the City of Fayetteville on the date of closing.
10. Charles E. Scharlau, Trustee of the Clydene Scharlau Trust dated December 22, 1997, hereby grants
permission for the City of Fayetteville or its employees or designates to enter the above described property
and improvements for the purpose of inspection and/or surveying.
11. All fixtures, improvements and attached equipment are included in the purchase price.
12. Risk of loss or damage to the property by fire or other casualty occuning up to the time of closing is assumed
by Charles E. Scharlau, Trustee of the Clydene Scharlau Trust dated December 22, 1997.
13. Water tap to barn will be made off of existing line within thirty (30) days after approval of this Offer and
Acceptance Contract by Fayetteville City Council. When a new waterline is extended to lift station site, water
taps for house site and barn site (both fronting on Sunshine Road) will be made off of new line.
14. An 8 sewer line will be extended off of the 24" line south of Sunshine Road. A sewer tap will be made to the
new house site (immediately north of old house site) off of the 8" line. Also, a sewer tap off of the 8" line will be
made to bam site.
15. Screening around the lift station site will consist of a fence and two rows of evergreens (one row fast growing
pines and one row slower growing evergreens).
OFFER AND ACCEPTANCE CONCT
Page 2 of 5
16. Site of old lift station on south side of Sunshine Road will be leveled, graded, seeded and strawed, retuming
the site to a grassy area
17. This agreement shall be govemed by the laws of the State of Arkansas.
18. This agreement, when executed by both the City of Fayetteville and Charles E. Scharlau, Trustee of the
Clydene Scharlau Trust dated December 22, 1997, 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.
19. This contract expires, if not accepted by Charles E Scharlau, Trustee of the Clydene Scharlau Trust dated
December 22, 1997, on or before the 16th day of May 2005.
20. The City of Fayetteville shall submit this fully executed Offer and Acceptance Contract to the City Council for
their approval within thirty (30) days of acceptance by Charles E. Scharlau, Trustee of the Clydene Scharlau
Trust dated December 22, 1997.
21. NOTICE: THE CITY OF FAYETTEVILLE ASSERTS AND CHARLES E. SCHARLAU, TRUSTEE OF
THE CLYDENE SCHARLAU TRUST DATED DECEMBER 22 1997, HEREBY
ACKNOWLEDGES THAT THIS OFFER IS EXPRESSLY CONTINGENT UPON THE
APPROVAL OF THIS OFFER OF PURCHASE BY THE CITY COUNCIL OF
FAYETTEVILLE AND THAT THE FAILURE OF THE COUNCIL TO SO APPROVE WILL
MAKE ALL PORTIONS OF THIS OFFER NULL AND VOID, INCLUDING, BUT NOT
LIMITED TO, THE RETURN TO CITY OF FAYETTEVILLE OF THE $2,700.00 EARNEST
MONEY DEPOSIT.
Clydene Scharlau Trust dated December 22, 1997
Charles E. Scharlau, Trustee
Agent or Witness
City of Fayetteville, Arkansas,
A municipal corporation
Dan Coady, Mayor
Sondra Smith, City Clerk
Date:
Date:
Date:
Date:
OFFER AND ACCEPTANCE CON 1 CT
Page 3 of 5
EXtttet� W
PRQPERTYF SCRIRTLQNS
Lift Station Site:
•
A part of the North Half (NY,) of the Southeast Quarter (SE%) of Section 2, Township 16 North, Range
31 West, being more particularly described as beginning at a point North 02° 31' 30" East 526.54 feet
of the Southeast corner of the Northwest Quarter (NW'/.) of the Southeast Quarter (SE'.) of said
Section 2, thence North 59° 30' 30" West 105.87 feet to an iron pin at a fence comer, thence along an
existing fence line North 03° 54' 44" East 108.13 feet to an iron pin at a fence corner thence along an
existing fence line North 82° 38' 48" East 45.90 feet to an iron pin; thence continuing along said fence
line North 82° 37' 18" East 149.83 feet to an iron pin; thence South 06° 42' 15" East 145.72 feet to an
iron pin; thence Southeasterly along a 100 foot radius non -tangent curve to the right a distance of
60.30 feet, said curve having a chord bearing and distance of South 63° 19' 13" East 59.40 feet;
thence South 46° 02' 30" East 92.55 feet to a nail and cap in the centerline of Sunshine Road; thence
along said centerline South 69° 08' 16" West 44.75 feet; thence continuing along said centerline
South 56° 32' 06" West 53.66 feet to a nail and cap in the Hamestring Creek Bridge; thence North 59°
30' 30" West 186.14 feet to the Point of Beginning, containing 1.11 acres, more or less, Washington
County, Arkansas. Subject to any easements and/or rights of way of record.
Permanent Easement (north):
A thirty (30) foot permanent easement of equal and uniform width located in a part of the North Half (NIA)
of the Southeast Quarter (SE%) of Section 2, Township 16 North, Range 31 West Washington County,
Arkansas, being more particularly described as follows: From the Southeast comer of the Northwest
Quarter (NW%) of the Southeast Quarter (SE%) of said Section 2, thence North 02° 31' 30" East 526.54
feet to a point on the South line of the above referenced property, thence along said South property line
North 59° 30' 30" West 105.87 feet to the Southwest comer of the above referenced property, thence
along the West property line North 03° 54' 44" East 108.13 feet, thence leaving said West property line
North 82° 38' 48" East 45.90 feet to the Point of Beginning; thence North 07° 01' 04" West 237.45 feet
back to a point on the West property line; thence along said West property line North 03° 54' 44" East
42.60 feet; thence North 44° 17' 42" East 68.84 feet; thence North 88° 05' 00" East 739.90 feet; thence
North 14° 52' 37" East 40.52 feet to a point on the North line of the above referenced property; thence
along said North property line South 71° 42' 51" East 30.05 feet; thence South 14° 52' 37" West 61.02
feet; thence South 88° 05' 00° West 750.12 feet; thence South 44° 17' 42" West 45.75 feet thence
South 03° 54' 44° West 28.70 feet; thence South 07° 01' 04" East 234.40 feet; thence South 82° 37 18"
West 30.00 feet to the Point of Beginning, containing 33,738 square feet (0.77 acre), more or less.
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, NAD 83,
the system which the City of Fayetteville presently uses. This bearing system may vary from the bearing
system previously used in describing the subject project.
Temporary Construction Easement (north):
A twenty (20) foot temporary construction and grading easement of equal and uniform width is located
along the East and South sides of the above described Permanent Water/Sewer Easement. This
temporary construction easement is shown in detail on Exhibit "A" and contains 20,831 square feet (0.48
acre), more or less.
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, NAD 83,
the system which the City of Fayetteville presently uses. This bearing system may vary from the bearing
system previously used in describing the subject project.
Permanent Easement (south):
A permanent easement of variable width located in a part of the Northeast Quarter (NE'/.) of the
Southeast Quarter (SE%) of Section 2, Township 16 North, Range 31 West, Washington County,
Arkansas, being more particularly described as follows: From the Southwest corner of the Northeast
Quarter (NE%) of the Southeast Quarter (SE%) of said Section 2, thence North 02° 31' 30" East 526.54
feet to a point on the South line of the above referenced property, thence along said South property line
South 59° 30' 30" East 186.14 feet to the centerline of County Road No 877 (Sunshine Road), thence
along said centerline North 56° 32' 06" East 53.66 feet to the Point of Beginning; thence continuing along
the centerline of County Road No. 877 (Sunshine Road) North 69° 08' 16" East 44.75 feet thence South
32° 41' 13° East 21.33 feet; thence North 78° 01' 06" East 117.66 feet to a point on the West line of the
Hamstring Sewage Lift Station property (Deed Book 925 at Page 782); thence along said West properly
line South 11° 08 00" East 45.20 feet to a point on the North line of an existing 15 foot utility easement;
thence along said North line North 87° 00' 34" West 147.80 feet; thence continuing along said North line
South 51° 33' 15" West 17.28 feet; thence North 32° 41' 13" West 29 67 feet to the Point of Beginning,
containing 4,725 square feet (0 11 acre), more or less.
Dan Coody, Mayor
Sondra Smith, City Clerk
Date:
Date:
OFFER AND ACCEPTANCE COACT
Page 5 of 5
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss
COUNTY OF WASHINGTON
•
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within
and for said County and State, personally appeared Charles E. Scharlau, Trustee of the Clydene Scharlau Trust
dated December 22, 1997, to me well known as the person who executed the foregoing document, and who stated
and acknowledged that he 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 2005.
Notary Public
MY COMMISSION EXPIRES:
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary
Public within and for said County and State, personally appeared Dan Coody and Sondra Smith, to me well known as
the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and
City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective
capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and
further stated and acknowledged that they had so signed, executed and delivered said instrument for the
consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of 2005.
MY COMMISSION EXPIRES:
Notary Public
• •
WATER AND WASTEWATER
VOTE TAB
WATER & SEWER COMMITTEE
MAY 9, 2005
WL -6 EASEMENT ACQUISITION IN THE AMOUNT OF $27,000.00 PLUS
ADDITIONS
CERTIFIED:
Kyle Cook
Lioneld Jordan
Bobby Ferrell
Robert Reynolds
Kyle Cook
Lioneld Jordan
Bobby Ferrell
Robert
Reynolds
FOR
V
,/
t/
..,A, 44
AGAINST
CERTIFIED:
Kyle Cook
Lioneld Jordan
Bobby Ferrell
Robert Reynolds
(7 4 1
Bob Davis
Submitted By
•
City of Fayetteville
Staff Rev►jy Fort
City Council Agenda Items
or
Contracts
7 -Jun -05
City Council Meeting Date
Water & Wastewater
Division
Action Required:
• 1
pidg'
Director
Department
Approval of a lump sum to purchase easements based on completed appraisals for Wastewater System
Improvements Project WL -6 (New Hamestring Pumping Station).
$27,000.00
Cost of this request
4480.9480.5810.00
Account Number
2133.0305
Project Number
Budgeted Item
x
1,130,116,587.00
Category/Project Budget
17381440.29
Funds Used to Date
95,630,146.71
Remaining Balance
Budget Adjustment Attached
Wastewater System Improvements
Project/Right of Way Acquisition
Program Category / Project Name
Wastewater System Improvements
Program / Project Category Name
Wastewater System Improvements
Project Project Fund
Fund Name
Previous Ordinance or Resolution # N/A
S'20 -OS
Department Date Original Contract Date: N/A
City Attomey
Finarfce and Internal Service Director Date
Mayor
Date
Original Contract Number:
N/A
Received in City Clerk's Office
Comments:
Clarice Pearman - Res. 105-05, 106-05 & -05 Page 1,
From: Clarice Pearman
To: Davis, Bob
Date: 6/13/05 1:43PM
Subject: Res. 105-05, 106-05 & 107-05
Bob,
Attached are the above resolutions regarding various easements passed by the City Council, June 7,
2005.
Thanks.
Clarice
CC: Deaton, Vicki
OFFER AND ACCEPTANCE CONACT
Page 4 of 5
•
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, NAD 83,
the system which the City of Fayetteville presently uses. This bearing system may vary from the bearing
system previously used in describing the subject project.
Temporary Construction Easement (south):
An eleven (11) foot temporary construction and grading easement of equal and uniform width is located
along the North side of the above described Permanent Water/Sewer Easement. This temporary
construction easement is shown in detail on Exhibit "A" and contains 1 318 square feet (0.03 acre), more
or less.
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, NAD 83,
the system which the City of Fayetteville presently uses. This bearing system may vary from the bearing
system previously used in describing the subject project.
Permanent Easement Description (for 8" extension):
A twenty (20) foot permanent easement of equal and uniform width located in part of the Northeast
Quarter (NE%) of the Southeast Quarter (SE%) of Section 2, Township 16 North, Range 31 West,
Washington County, Arkansas, being more particularly described as follows: From the Southwest comer
of the Northeast Quarter (NE%) of the Southeast Quarter (SE%) of said Section 2, thence South 87° 22'
00" East 594.27 feet, thence North 02° 38' 00" East 572.98 feet to the Point of Beginning, said point
being on the North line of an existing 50 foot utility easement; thence along said North line North 77° 47'
36" East 20.00 feet; thence North 12° 12' 24° West 60.00 feet; thence South 77° 47' 36" West 20.00
feet; thence South 12° 12 24 East 60.00 feet to the Point of Beginning, containing 1,200 square feet
(0.03 acres), more or less
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, NAD 83,
the system which the City of Fayetteville presently uses. This bearing system may vary from the bearing
system previously used in describing the subject project.
Temporary Construction and Grading Easement Description (for 8" extension):
A ten (10) foot temporary construction and grading easement of equal and uniform width is located along
the North, East and West sides of the above described permanent Water/Sewer Easement. This
temporary construction easement is shown in detail on Exhibit "A" and contains 1,600 square feet (0.04
acres), more or less.
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, NAD 83,
the system which the City of Fayetteville presently uses. This bearing system may vary from the bearing
system previously used in describing the subject project.
SIGNED FOR IDENTIFICATION:
Clydene Scharlau Trust dated December 22, 1997
Charles E. Scharlau, Trustee
Agent or Witness
City of Fayetteville, Arkansas,
A municipal corporation
Dan Goody, Mayor
Sondra Smith, City Clerk
Date:
Date:
Date:
Date: