HomeMy WebLinkAbout147-05 RESOLUTION•
• •
RESOLUTION NO. 147-05
A RESOLUTION APPROVING THE PURCHASE OF 62 LOCKERS
AND OTHER FURNISHINGS FOR THE NEW WATER AND
WASTEWATER MAINTENANCE FACILITY FROM MISSCO
CONTRACT SALES, LLC IN THE AMOUNT OF $207,626.67; AND
APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF
$19,843.00.
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 the purchase of 62 lockers and other furnishings for the New
Water and Wastewater Maintenance Facility from MISSCO Contract Sales, LLC
in the amount of $207,626.67.
Section 2. That the City Council of the City of Fayetteville, Arkansas,
hereby approves a Budget Adjustment in the amount of $19,843.00.
PASSED and APPROVED this 19th day of July 2005.
ATTEST
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FAYETTEVILLE •
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APPROVE
By:
SONDRA SMITH City Clerk
DAN COODY, Mayo
• City of Fayetteville, Arkansas •
Budget Adjustment Form
Budget Year
2005
Department: Water & Wastewater
Division: Water & Sewer Maintenance
Program: Capital Water Mains
Date Requested
7/19/2005
Adjustment Number
Project or Item Requested:
$19,843 In the Professional Services account.
Project or Item Deleted:
None. $19,843 from the Use of Fund Balance is
proposed.
Justification of this Increase:
Funds are needed for the purchase of fumiture and 62
lockers for the new Water & Wastewater Maintenance
Facility.
Justification of this Decrease:
Sufficient funding remains to comply with City policy.
Increase Budget (Decrease Revenue)
Account Name Account Number Amount Project Number
Minor equipment 5400 5600 5210 00 19,843 98076 1
Decrease Budget (Increase Revenue)
Account Name Account Number Amount Project Number
Use of fund balance
5400 0940 4999 99 19,843
Approval Signatures
Requested By - Date
Budget Manager Date
Department Dir , Date
tr r
Finance . Internal .4 ices D
Mayor
s _�/o/_
4
Date
ate
Budget Office Use Only
Type: A B C g E
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Initial Date
Initial Date
Initial Date
Initial Date
•
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Steve Davis, Finance & Internal Services Directo
From: Peggy Vice, Purchasing Manger
Date: July 15, 2005
Subj: Furniture for Water/Sewer Operations Building
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Recommendation
Staff recommends approval of purchase of furniture and lockers for
Water/Sewer Operations Building from Missco Corporation per agenda
request submitted by Bob Davis.
Background
Before Greg Beottcher left he had numerous meetings with the water/sewer
employees to pick out a style and color of furniture that would withstand the
conditions of their environment and still be esthetic enough to create a
pleasant work environment and give his employees pride in their work area.
The furniture at the old Water/Sewer Operations building has been there for
several years. I came to work for the City sixteen years ago and their
furniture was in very bad condition then. I don't remember any new
furniture being ordered for them since I've been here.
Poor working conditions lead to poor morale and does not give an employee
the incentive to be proud of their work area. Ownership and pride in your
work area is what drives an employee to take care of it and be more
productive. We have a new building and should project the image that we
are professional and very capable. A clean, organized and well maintained
building will project that image
RECEIVED
JUL 1 8 2005
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
• •
Discussion
We spent a lot of time researching the best approach to bidding the furniture.
There was no easy way. Furniture manufacturers all have different styles of
furniture.
We called the State of Arkansas Procurement Department and they didn't
have a state contract for furniture. They said it was too different and each
department had different requirements.
We called the University of Arkansas and they sent us a copy of their
request for proposal. They pre -qualified all vendors that submitted and
when a department wants to order furniture, they get the catalogs and pick
out the style that best fits their needs. This is what we did with Missco.
We received proposals from eight vendors. They were:
Moser Corporation
Preferred Office
Missco Corp.
Ark. Correctional Industries
Corporate Express
La Harpes
Mity Lite
Innovative Business Furniture
There were two vendors that met the grade of furniture the City desired.
They were Innovative Business Furniture and Missco. We could have
purchased from Innovative Business Furniture without bidding from the
Western States Contract, but after evaluating their prices found them to be a
little more expensive.
We checked references with the University of Arkansas and they gave
Missco a very good reference and said they purchased a lot of furniture from
them. They had not purchased from Moser or Preferred, but had purchased
from Innovative Business Furniture. They had also purchased from La
Harps, but their style of furniture was totally different. They had purchased
from Corporate Express with very poor results.
•
• •
We went to Moser Corporation and looked at their furniture and it wasn't the
same style of furniture. Preferred Office Products didn't have any displays
set up in Fayetteville, but in talking with other vendors, their furniture was a
different style from Innovative Business Furniture and Missco.
We currently have the same furniture we are proposing for the Water/Sewer
Division in Planning. It has PVC edges, high pressure laminate tops, heavy
metal structure and lifetime warranties on the desks, file cabinets, shelves,
etc. and ten year warranty on the chairs.
The chairs are ergonomically correct and well built. They are mid priced.
Chairs that are durable and ergonomically correct cost in the range of $350
to $900. We have purchased several chairs over the last year and have kept
them in the $350 to $500 range. Ergonomically correct chairs help prevent
worker comp claims and allow for a more productive work day.
• •
TiTetreville
City Council Meeting of July 19, 2005
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
From: Bob Davis, P.E., Water & Wastewater Director
Date: July 1, 2005
Subject: REQUEST TO PURCHASE FURNITURE AND 62 LOCKERS FOR
THE NEW WATER AND WASTEWATER MAINTENANCE FACILITY
WITH A TOTAL PURCHASE PRICE OF $207,626.67.
RECOMMENDATION : Staff recommends approval of this contract to purchase office
equipment for the new Water and Wastewater Maintenance Facility. 100% approval of
this request was received from the Water & Sewer Committee on June 28, 2005. With
approval of this purchase, recipt of the furniture and lockers is expected mid-September
2005.
BACKGROUND: The City of Fayetteville has undertaken construction of a new Water
and Wastewater Maintenance Facility to replace the old facility on Cato Springs Road.
This request is for furnishings for the new facility.
DISCUSSION: This purchase will provide all of the office furniture required for the new
Water and Wastewater Maintenance Facility.
• •
RESOLUTION NO.
A RESOLUTION APPROVING THE PURCHASE OF 62 LOCKERS
AND OTHER FURNISHINGS FOR THE NEW WATER AND
WASTEWATER MAINTENANCE FACILITY FROM MISSCO
CONTRACT SALES, LLC IN THE AMOUNT OF $207,626.67; AND
APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF
519,843.00.
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 the purchase of 62 lockers and other furnishings for the New
Water and Wastewater Maintenance Facility from MISSCO Contract Sales, LLC
in the amount of $207,626.67.
1
Section 2. That the City Council of the City of Fayetteipl' , Ack nsas,
hereby approves a Budget Adjustment in the amount of $19j8 S
=i
PASSED and APPROVED this 19th da of July 2005
V
ATT
By
PROVED:
S o ND IJ SMITH, City Clerk
OODY, Mayor
Corner Desk
2 Door File Cabinet
•Return (36 wide)
Return (42 wide)
Lateral File
•
Office Furniture Comparison
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$448.20
$462.00$39455�",�,;
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$518.10
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$465.85
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$484.00
$394.56
$809.46
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TOTALS $2,405.70 $2,861.65 $1,985.04
•
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AS/ STORAGE SOLUTIONS INC. COMPETITOR
5717 Distribution Dr. Memphis, TN 38141 COLLECTION
Tel: 901-312-6195 FAX: 901-312-6197 SINGLE TIER
I
Website: www.asilockers.com
E-mail: info@asflockers.com DATE ISSUED. 1-05
Width
Depth
II
000000000
000000000
0°0000000
000000000
000000000
0°0000000
oo00o0o°0
O0o00
00000°000
Height -
no legs Height -
II
with legs
000000000
0000
0°0°0°0
00000000
000000000
00000
o°o°o°o°o
0000°00000
000000000
000000000
6„
(PY 1 o12)
HEIGHT
WITH LEGS
WIDTH
DEPTH
66
78
12
12
12
15
12
18
15
15
15
18
18
18
18
21
18
24
24
21
24
24
HEIGHT
NO LEGS
WIDTH
DEPTH
60
72
12
12
12
15
12
18
15
15
15
18
18
18
18
21
18
24
24
21
24
24
TN9 Id&SSACTIAER RESEflS TIC RIGHT 70 YM4E CMMIGFS IN D®GN OR DNEN90NS W1HDfT EpMM NONCE
I
AS! STORAGE SOLUTIONS INC.
5717 Distribution Dr. Memphis, TN 38141
Tel: 901-312-6195 FAX: 901-312-6197
Website: www.asilockers.com
E-mail: info@asilockers.com
SPECIFICATION
COMPETITOR
COLLECTION
SINGLE TIER
DATE ISSUED. 1-05
Material - All major steel parts shall be of mild cold rolled commercial quality steel
Finish- All material shall be power washed and phosphate treated for maximum finish color adhesion. All components
shall be finished with a hybrid epoxy/polyester powder, electrostatically applied to ensure uniform thickness
and baked to cure.
Construction - Al! lockers shall be built on a unit principle with common intermediate uprights separating units.
Door Frames - Shall be 16 gauge formed in a channel shape. Vertical members shall have additional flange to
provide a continuous door strike. Cross frame members shall also be 16 gauge channel shaped.
Doors - Shall be 14 gauge, channel shaped on both the lock and hinge side, with angle formations across the top
and bottom. Locker doors shall have a 16 gauge full height reinforcement channel.
Ventilation - Locker sides and door shall be perforated with diamond -shaped openings 3/4" wide X 1-12" high in a
quantity and pattern to ensure maximum ventilation and maintain structural strength
Body - Backs shall be 18 gauge; all other body parts shall be 16 gauge. Bolt spacing shalt not exceed 9" o.c.
Hinges - Shall be full length 16 gauge continuous piano type riveted to both door and frame.
Handles - Shall be one-piece 20 gauge deep drawn stainless steel cup designed to accommodate locks.
Latching - Lockers shall have an 11 gauge frame hook secured to the frame. The frame hook shall have a padlock
hasp protruding through the recessed handle. A rubber silencer shall be firmly secured to the frame at each latch
hook
Interior Equipment - Lockers shall be equipped with a shelf. If under 18" deep, locker shall have three wall hooks
and one ceiling hook. Lockers 18" deep or more shall have a coat rod instead of a ceiling hook. Lockers 15" wide
and wider shall have four wall hooks and one ceiling hook.
Number Plates - Each locker shall have a polished aluminum number plate riveted to door face with black numerals
K" high.
Color - Doors, Frames, and all body parts shall be finished in same color.
Assembly - All locker components shall be assembled with rivets.
Installation - Lockers shall be installed in accordance with ASI's installation instructions and shall be level and
plumb with flush surfaces and rigid attachment to anchoring surfaces.
(pg 2 of 2)
TE MGM TO YMF DWJGFS W 0ESGNa GWF180tC WI1O11 FOIWM. IC 11(1
S City of Fayetteville •
Staff Review Form
City Council Agenda Items
or
Contracts
7/19/2005
City Council Marling Date
Bob Davis Water & Wastewater
Submitted By Division Department
Action Required:
APPROVE TO PURCHASE FURNITURE AND 62 LOCKERS FOR THE NEW WATER AND WASTEWATER
MAINTENANCE FACILITY WITH A TOTAL PURCHASE PRICE OF $207,626.67 0 CONTINGENCY OF
i2/ -D
4201, 624•'1
Cost of this request
5400.5600.5210.00
Account Number
98076.1
Project Number
Budgeted Item
46SIr 832
Category/Project Budget (2005)
$ 1, ft�f>ogsk
Funds Used to Date
Department Director Date
City Attorney
J
Date
Water & Sewer Operations
Center Building
Program Category / Project Name
Program / Project Category Name
Water & Sewer
Fund Name
Previous Ordinance or Resolution S
Original Contract Date:
Original Contract Number:
Received 'n City Clerk's Office EMTEBED
2
Clarice Pearman - -- Res. 147-05 Page 1
From: Clarice Pearman
To: Jurgens, David; Vice, Peggy
Subject: Res, 147-05
David & Peggy,
Attached is a copy of the resolution passed by City Council July 19, 2005 regarding furniture purchase for
the new WTP. Also attached is a copy of the budget adjustment. I will forward the budget adjustment to
Budget & Research.
CC: Deaton, Vicki
Clarice Pearman -Fwd: Res. 147-05 Page 1
From: Clarice Pearman
To: Fell, Barbara
Subject: Fwd: Res. 147-05
>>> Clarice Pearman 08/04/05 11:43AM >>>
David & Peggy,
Attached is a copy of the resolution passed by City Council July 19, 2005 regarding furniture purchase for
the new WTP. Also attached is a copy of the budget adjustment. I will forward the budget adjustment to
Budget & Research.
' • J
Parcel No, 765-14966-000
Parcel No. 765-14967-000
Parcel No. 765-14968-000
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:
I/SEnED
/G u)16.5 W?
I�N Ill IWIN1I0UIIWWYIIWfl IWIllN1
Doc ID: 008554000002 Tvoe: REL
Recorded: 06/02/2005 it 09:12:04 AM
Fee Amt: $11.00 Peae 1 of 2
1leshinaton County. AR
Bette Stamos Circuit Clerk
Fil.2005-00023695
TRACT "A" A part of the West Half (W'A) 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 comer 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°3951 "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°36'53W 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 comer 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°37'15W 63.00 feet to a
set iron; thence N89°2831E 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,
WITNESS the execution hereof on this i- day of May, 2005.
lda'mes Mathias y M ias -, �4 �w�
Mathias Deed -Duncan Avenue
Page 2 of 2
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF QlDhtA )
BE IT REMEMBERED, that on this date, before the undersigned, a duty commissioned and acting Notary Public within
and for said County and State, personally appeared 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 3LS day of May, 2005.
otary Public
MY COMMISSION EXPIRES: /9/1 113 OFFICIAL SEAL
BRANDY L. STIDMAN
NOTARY PUBLIC .ARKANSAS
WASHINGTON COUNTY
COMMISSION EXP. 12/01!2013
OWNER'S POLICY OF TITLE INSURANCE b1'w/
Issued by Lawyers Title Insurance Corporation
POLICY NUMBER
rLandAmerica Lawyers TNelnsuranceCorpaetbnisamemberofthe A 15-2 4 2911 Lf
Lawyers Title LaWrrahca family of tale insurance underwriters
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company,
insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A.
sustained or incurred by the insured by reason of:
I. Title to the 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 corporato 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
- .s
Attest: f.�. iy i % By' / /%
sd;5£k1i ei j;�.e�,IC.,..e •� �a- S /L.
y i\ 1925 :'tof
Secretary President
TF10�0 '
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'
foes or expenses which arise by reason ci:
1. (a) Any law, ordinance or govemmenta 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 governments) 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 pudic 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 be.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 if 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.
0'
NM 1 PA10
ALTA Owner's Policy (10/17/92)
Form 1190-74B
ORIGINAL
Valid only it Schedules A and B
if -
Washington County, AR
I certify this instrument was filed on
08/02/2005 09:12:04 AM
and recorded in Real Estate
Fil Number 2005-00023895
Bet Stamps - Circuit Clerk
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean
(a) insured^ the insured named in Schedule A. and, subject to any rights
or defenses the Company would have had against the named insured. those who
succeed to the interest of the named insured by operation of law as distinguished
from purchase including, but not limited to, heirs, distnbutees, devisees, survivors.
personal representatives, next of kin, or corporate or fiduciary successors.
(b) insured claimant': an insured claiming loss or damage.
(c) knowledgeor "known': actual knowledge, not constructive knowledge
or notice which may be imputed to an insured by reason of the public records as
defined in this policy or any other records which impart constructive notice of
matters affecting the land.
(d) land'. the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property. The term
land' does not include any property beyond the lines of the area described or
referred to in Schedule A. nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing
herein shall modify or limit the extent to which a right of access to and from the
land is insured by this policy.
(e) mortgage': mortgage, deed of trust, trust deed, or other security
instrument.
(I) public records': records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of mailers relating to real
properly to purchasers for value and without knowledge. With respect to Section
l(a)(iv) of the Exclusions From Coverage. public records' shall also include
environmental protection liens filed in the records of the clerk of the United States
district court for the district in which the land is located.
(g) unmarketability of the title': an alleged or apparent matter affecting the
title to the land, not excluded or excepted from coverage. which would entitle a
purchaser of the estate or interest described in Schedule A to be released from
the obligation to purchase by virtue of a contractual condition requiring the delivery
of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest in the
land. or holds an indebtedness secured by a purchase money mortgage given by
a purchaser from the insured, or only so long as the insured shall have liability by
reason of covenants of warranty made by the insured in any transfer or
conveyance of the estate or interest. This policy shall not continue in force in
favor of any purchaser from the insured of either (i) an estate or interest in the
land, or (ii) an indebtedness secured by a purchase money mortgage given to the
insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 4(a) below. (ii) in case knowledge shall come to an
insured hereunder of any claim of title or interest which is adverse to the title to the
estate or interest, as insured, and which might cause loss or damage for which the
Company may be liable by virtue of this policy, or (iii) if title to the estate or
interest, as insured, is rejected as unmarketable. If prompt notice shall not be
given to the Company, then as to the insured all liability of the Company shall
terminate with regard to the matter or matters for which prompt notice is required.
provded, however, that failure to notify the Company shall in no case prejudice
the rights of any insured under this policy unless the Company shall be prejudiced
by the failure and then only to the extent of the prejudice.
4, DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations, the Company. at its
own cost and without unreasonable delay. shall provide for the defense of an
insured in litigation in which any third party asserts a claim adverse to the title or
interest as insured, but only as to those stated causes of action alleging a defect,
lien or encumbrance or other matter insured against by this policy. The Company
shall have the right to select counsel of its choice (subject to the right of the
insured to object for reasonable cause) to represent the insured as to those stated
causes of action and shall not be liable for and will not pay the fees of any other
counsel. The Company will not pay any fees, costs or expenses incurred by the
insured in the defense of those causes of action which allege matters not insured
by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its opinion may
be necessary or desirable to establish the title to the estate or interest. as insured,
or to prevent or reduce loss or damage to the insured. The Company may take
any appropriate action under the terms of this policy, whether or not it shall be
liable hereunder, and shall not thereby concede liability or waive any provision of
this policy. If the Company shall exercise its rights under this paragraph, it shall
do so diligently.
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company
may pursue any litigation to final determination by a court of competent jurisdiction
and expressly reserves the right. in its sole discretion, to appeal from any adverse
judgment or order ✓' t
(d) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the insured shall
secure to the Company the right to so prosecute or provide defense in the action
or proceeding, and all appeals [herein. and permit the Company to use, at its
option, the name of the insured for this purpose. Whenever requested by the
Company. the insured, at the Company's expense, shall give the Company all
reasonable aid (i) in any action or proceeding, securing evidence, obtaining
witnesses. prosecuting or defending the action or proceeding, or effecting
settlement. and (ii) in any other lawful act which in the opinion of the Company
may be necessary or desirable to establish the title to the estate or interest as
insured. If the Company is prejudiced by the failure of the insured to furnish the
required cooperation, the Company's obligations to the insured under the policy
shall terminate. including any liability or obligation to defend. prosecute. or
continue any litigation. with regard to the matter or matters requiring such
cooperation.
5. PROOF OF LOSS OR DAMAGE,
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof of loss or
damage signed and sworn to by the insured claimant shall be furnished to the
Company within 90 days after the insured claimant shall ascertain the facts giving
rise to the loss or damage. The proof of loss or damage shall describe the defect
in, or lien or encumbrance on the title. or other matter insured against by this
policy which constitutes the basis of loss or damage and shall state. to the extent
possible. the basis of calculating the amount of the loss or damage. If the
Company is prejudiced by the failure of the insured claimant to provide the
required proof of loss or damage. the Company's obligations to the insured under
the policy shall terminate, including any liability or obligation to defend. prosecute.
or continue any litigation, with regard to the matter or mailers requiring such proof
of loss or damage.
In addition. the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and
shall produce for examination, inspection and copying. at such reasonable times
and places as may be designated by any authorized representative of the
Company, all records, books. ledgers. checks. correspondence and memoranda.
whether bearing a date before or after Date of Policy, which reasonably pertain to
the loss or damage Further, it requested by any authorized representative of the
Company, the insured claimant shall grant its permission. in writing. for any
authorized representative of the Company to examine, inspect and copy all
records, books, ledgers, checks, correspondence and memoranda in the custody
or control of a third party, which reasonably pertain to the loss or damage. All
information designated as confidential by the insured claimant provided to the
Company pursuant to this Section shall not be disclosed to others unless. in the
reasonable judgment of the Company. it is necessary in the administration of the
claim. Failure of the insured claimant to submit for examination under oath,
produce other reasonably requested information or grant permission to secure
reasonably necessary information from third parties as required in this paragraph
shall terminate any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance,
To pay or tender payment of the amount of insurance under this policy
together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company. up to the time of payment or
tender of payment and which the Company is obligated to pay
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the payment
required. shall terminate. including any liability or obligation to defend, prosecute,
or continue any litigation, and the policy shall be surrendered to the Company for
cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant
(i) to pay or otherwise settle with other parties for or in the name of
an insured claimant any claim insured against under this policy, together with any
costs. attorneys' fees and expenses incurred by the insured claimant which were
authorized by the Company up to the time of payment and which the Company is
obligated to pay: or
(ii) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the
Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy
for the claimed loss or damage, other than the payments required to be made,
shall terminate. Including any liability or obligation to defend, prosecute or
continue any litigation.
OWNER'S POLICY
SCHEDULE A
File Number: 2523560FY
Policy Number: A75-2429714
ALTA Owner's Policy
Amount of Policy: $125, 000.00 Effective Date: June 2, 2005
at 9:12 A.M.
1. Namcoflnsured: 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:
SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION
CONTINUED
Countersigned:
By: yftj
Terry L dgens A82-61 LAWYERS TITLE
INSURANCE CORPORATION
uwMrooe This policy is invalid unless the cover sheet and Schedule B are attached.
LENDERS TITLE COMPANY
1046 Stearns Road
Fayetteville, AR 72703
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.
2. Easements, or claims of easements, not shown by the public records.
3. 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.
8. 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 S892831"W 222.76 feet to an
existing iron for the true POINT OF BEGINNING; thence N0036'53"W 196.06 feet
to an existing iron; thence 58928'42"W 222.65 feet to a set iron; thence
S0037'15"E 196.07 feet to a set iron; thence N89'28'31E 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 S0039.51"E
111.09 feet to an existing iron on the West Right -of -Way of Duncan Avenue for
the true POINT OF BEGINNING, thence S0039'51"E along the West Right -of -Way
of Duncan Avenue 80.00 feet to a set iron; thence leaving said Right -of -Way
S8928'31W 445.45 feet to a set iron; thence N0037'15"W 80.00 feet to a
set iron; thence N8928'31"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 500'
39'51E 191.09 feet to a set iron on the West Right -of -Way of Duncan Avenue
for the true POINT OF BEGINNING; thence S0037'51'E along the West Right -of -
Way of Duncan Avenue 63.00 feet to a set iron; thence leaving said Right -of -Way
S8928'31" W 445.50 feet to a set iron; thence N0037'15W 63.00 feet to a
set iron; thence N8928'31"E 445.50 feet to the Point of Beginning, containing
0.64 acres, more or less, Washington County, Arkansas.
Schedule A Page I 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 C. 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,
(n) 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 Date 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 or 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 stated 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. attorneysfees
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 land 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 polity.
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,
attorneys' fees and expenses, shall reduce the amount of the insurance pro
tanto.
It. 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 property 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 pan 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 Scrafini 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 215' day of September 2004.
By:
ATTEST: �11.Jnumn„,
tip; G Y Q,c'sS
BY . to•�
U
SONDRA SMITH, City Clerk - •FAYEI IEVILLE•
.
cam.
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