HomeMy WebLinkAbout206-05 RESOLUTION•
RESOLUTION NO. 206-05
•
A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE
CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND J. B.
HAYS AND CHARLES W. SLOAN FOR THE SALE OF
APPROXIMATELY 33 436 ACRES OF THE WESTSIDE
WASTEWATER TREATMENT PLANT SITE FOR $1,039,007.00;
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE SAID AGREEMENT.
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 J. B. Hays and Charles W. Sloan for the sale of approximately
33.436 acres of the Westside Wastewater "Treatment Plant Site for $1,039,007.00.
A copy of the contract is attached hereto marked Exhibit "A" and made a part
hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes the Mayor and City Clerk to execute said agreement with J. B.
Hays and Charles W. Sloan.
PASSED and APPROVED this 18th day of October, 2005.
ATTEST
BY Atu ti•>
SONDRA SMITH, City Clerk
APPROVED:
By
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City of Fayetteville
Bid 05-64, 33 436 Acres M/L of the Westside Wastewater Treatment Plant Site
Attachment A: Offer and Acceptance Contract
Note: Attachment A must be submitted with bid documents
OFFER AND
ACCEPTANCE CONTRACT
4 tai g I'et ti • Ski, offers to buy, from the City of Fayetteville, Seller, subject to
s and conditions set forth herein, the following described property.
1. Buyer
thet
Adjusted Tract "A" Description (Doc. Ref. 2005-00009354 Lot Line Adjustment):
A trail of land being a part of the North Hall (N'A) of the Northeast Quarter (NEY.) of Section Fourteen (14), Township
Sixteen (16) North, Range Thirty-one (31) West, Washington County. Arkansas, described as follows: Beginning at a
railroad spike which marks the northeast corner of said Section 14, as shown on Tyrone Vinson's plat found at
Washington County Land Tide Record 2000 75843-51 and run thence North 8T 47 1T West a distance of 2,648.05 feet
to a railroad spike which marks the northwest corner of said Northeast Quarter of said Section 14; thence South OT 35'
16' West along the west line of said Northeast Quarter a distance of 601.00 feet to a set steel pin; thence leaving said
west line and running South 87' 42' 12" East a distance of 2647.75 feet to the east line of said Northeast Quarter of
Section 14; thence along said east fine North T 37 00' East a distance of 601.00 feet to the POINT OF BEGINNING,
containing 1 591 366 square feet or 38.53 acres more or less
LESS AND EXCEPT (Persimmon Street Dedication):
The North Thirty-five (35) feel of the Northeast Quarter (NEY.) of Section 14, Township 16 North, Range 31 West of the
Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows: Beginning at the
Northeast Comer of the NE% of said Section 14 and running North 87' 42' 1T West 2648 05 feet Song the North line to
the Northwest corner of the NE'/. of said Section 14; thence along the west line of the NE% of said Section 14, South 2"
35' 16' West 35.00 feet; thence leaving said west line, South 87' 42' 17 East 2648.03 feet to the east line of the NEY. of
said Section 14; thence North 2' 37' 00' East along said east line 35.00 feet to the Point of Beginning, containing 92,680
square feet or 2.127 acres, more or less
LESS AND EXCEPT (54" Avenue Dedication):
A part of the Northwest Quarter (NW%) of the Northeast Quarter (NEY.) of Section 14, Township 16 North, Range 31
West, Washington County, Arkansas, described as follows: Commencing at a railroad spike which marks the Northwest
comer of said NE'/. of said Section 14 thence South 02* 35' 16' West along the West line of said NE% a distance of
35.00 feet, to the Point of Beginning thence continuing along said West line South 02' 35' 16' West a distance of 566.00
feet to a set steel pin; thence leaving said West line and running South 87' 47 12" East a distance of 61.93 feel; thence
North 02' 51' 34' East a distance of 566.02 feet, to a point along the proposed south right-of-way line of Persimmon
Street; thence along said south right-of-way line; North 87" 42' 12' West a distance of 64.61 feet, to the Point of
Beginning, containing 35,810 square feet or 0.822 acres more or less.
LESS AND EXCEPT (Broyles Avenue Dedication):
A part of the Northeast Quarter (NE%) of the Northeast Quarter (NE`A) of Section 14, Township 16 North, Range 31 West,
Washington County, Arkansas, more particularly described as follows: Beginning at a steel pin on tithe east rime of the NEY.
of said Section 14, said pin being South OT 37' 00' West 248 93 feet from the Northeast corner of the NE1/4 of the NE% of
said Section 14; thence leaving the east line of the NE1/4 of said Section 14 and running South 12' 34' 47 West 64.91 feet
to a steel pin at the beginning of a curve to the left having a radius of 739 feet and a delta angle of 09' 37' 15", thence
along the arc of said curve a distance of 124.09 feet to a steel pin thence South 02' 57' 26" West 165.0 feel; thence
South 87' 47 12' East 23.34 feet, to the East boundary line of the NE1/4 of said Section 14; thence along said east
boundary line, North 02' 37' 00" East 352.24 feet to the Point of Beginning, containing 6,416 square feet or 0.147 acres,
more or Tess
NET ACREAGE: 33.436 ACRES
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2. Purchase Price: subject to the following conditions the Buyer shall pay for the property at closing the
total and cash payment of$ i j Q3'7 00 %.
cash.
IS/0
� .'
3. Contingent Earnest Money Deposit: The Buye , � r611. herewith lenders a check for
$5,000 to the City of Fayetteville, hereinafter referred to as Seller, as earnest money, which shall apply
on the Purchase Price. This offer of purchase is con ingent upon approval of the Fayetteville City
Council. and, if they do not so approve, the earnest money deposit will be returned to the Buyer by the
Seller. If title requirements are not fulfilled or the Seller fails to fulfill any obligations under this
contract, the earnest money shall be promptly refunded to Buyer. If Buyer fails to fulfill his obligations
under the contract or after all conditions have been met, Buyer fails to close this transaction the earnest
money may at the option of the Seller, become liquidated damages to the Seller. Alternatively, Seller
may assert legal or equitable rights which it may have because of breach of this contract.
4. Conveyance will be made to Buyer 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 rigbts owned by Seller.
5. Seller shall famish, at Buyer's cost a policy of title insurance in the amount of the purchase price from a
title insurance company as selected by Buyer.
6. Seller agrees to allow Buyer, at Buyer's expense, to survey the property. Seller agrees, at Seller's
expense, to cure any title problems which may result from any differences between the recorded
legal description of the property and the survey description. Said title problems, if any, must be
solved prior to closing to the satisfaction of the Buyer.
7. Taxes and special assessments due on or before closing shall be paid by the Seller. Insurance, general
taxes, ad valorem taxes, special assessments and rental payments shall be prorated as of closing.
8. Seller acknowledges that Buyer offers to purchase the property as outlined in buyer's proposal
and Request For Proposal incorporated herein and made a part hereof.
9. The closing date is designated to be ninety ((tl) days after acceptance of this offer by the Seller.
The location and time of closing shall be agreed to by Seller and Buyer.
10. Possession of the property shall be delivered to the Buyer on the date of closing.
11. All fixtures, improvements and attached equipment are included in the Purchase Price.
12. Risk of loss or damage to the property by fire, other casualty, or natural disaster occurring up to the time
of closing is assumed by the Seller.
13. By submitting this bid, you agree that the Fayetteville City Council will award this bid to the bidder that
is foreseen to have the "best interest of the City of Fayetteville" in mind. The "best interest of the City
of Fayetteville" is to be determined by the Fayetteville City Council.
14. The City of Fayetteville reserves the right to reject any bid.
15. This AGREEMENT shall be governed by the laws of the State of Arkansas.
16. This AGREEMENT, when executed by both Buyer and Seller shall contain the entire understanding
and agreement of the parties with respect to the matters referred to herein and shall supersede all price or
contemporaneous agreements, representations and understanding with respect to such matters, and no
oral representations or statements shall be considered a part hereof.
ZooJ
17. This contract expires, if not accepted, on or before the day of , 2904.
18. NOTICE: BUYER ASSERTS AND SELLER HEREBY ACKNOWLEDGES THAT
THIS OFFER IS EXPRESSLY CONTINGENT UPON THE FAYETTEVILLE CITY
COUNCIL'S APPROVAL OF THIS OFFER OF PURCHASE AND THAT THE
FAILURE OF THIS ENTITY TO SO APPROVE WILL MAKE ALL PORTIONS OF
THIS OFFER NULL AND VOID, INCLUDING, BUT NOT LIMITED TO, THE
RETURN TO BUYER OF THE $ 5,000 EARNEST MONEY DEPOSIT.
WITNESS OUR HANDS THIS JZaDAY OF 6lL7►Q19a> , 2005.
CITY OF FAYETTEVILLE,
FAYETTEVILLE, ;_' NSAS
BY
AN COOS , Mayor
'ITEST-
4
BY ` RS et'VIIC es lJ. /OM)
PRINTED NAME AND TITLE
ATTEST: COMPANY SECRETARY
aer4
33S TAS.: �«
BUSINESS ADDRESS is L ( e l 1�
nth, City Clerk
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GENERAL ADDENDUM
BID 05-64, 34.436 ACRES M/L Westside Wastewater Treatment Plant Site
Bid Offer & Acceptance Subject to the following:
I. Approval for Large Scale Development for Residential Subdivision, by City of'
Fayetteville and all appropriate governing agencies.
2. Approval for ability to change Master Street Plan to move Persimmon to the South
thru 34.436 Acres M/L.
1
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REMITTER
CHARLES SLOAN
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First/StaterBank
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September 22MA 8 3
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DATE
PAY TOME ******CITY OF FAYETTEVsILLE********$I*$5;000'00
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CASHIER'S CHECK
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DOLLARS
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• City of Fayetteville •
Staff Review Form
City Council Agenda Items
or
Contracts
Tim Conklin
Submitted By
18 -Oct -05
City Council Meeting Date
Long Range Operations
Division Department
Action Required:
Approval of an offer and acceptance contract for 51,039,007 with J.B. Hays and Charles W. Sloan to sell approximately 33.436
acres of the Westside Wastewater Treatment Plant Site.
Cost of this request
Account Number
Project Number
Budgeted Item
Category/Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Program Category / Project Name
Program / Project Category Name
Water and Sewer
Fund Name
Depa ent D ector
City Attorney
Finance nd Internal Service Director
Mayor
•e t
Date
Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City Clerk's Office
Comments:
T.
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THE CITY OF FAYETTEVILLE, ARKANSAS
TO: Mayor Dan Coody
Fayetteville City Council
THROUGH: Gary Dumas, Operations Director
Steve Davis, Finance and Internal Services Directo
FROM: Tim Conklin, Planning and Development Director ('L
DATE: Scptcmbcr 29, 2005
SUBJECT: Approval of an Offer and Acceptance Contract for $1,039,007 with
J.B. flays and Charles W. Sloan to Sell Approximately 33.436 acres of
the Westside Wastewater Treatment Plant Site.
RECOMMENDATION
Staff recommends approval of the contract to sell the property for $1,039,007.
BACKGROUND
The Fayetteville City Council passed Resolution No. 159.04 Notice of Intent to Sell on
October 5, 2004 and passed Resolution No. 10905 setting the minimum bid price at
1,015,000. The deadline to submit sealed kids was on September 22, 2005. There was
one bid which exceeded the minimum bid price.
The hid docs include the condition from the buyer that the property be approved for a
residential subdivision and Persimmon Street be relocated to the south through the 33.436
acres.
The property will be required to be rezoned by the City to RSF-4 prior to the sale. The
buyer will also he responsible for improving all of Persimmon Street and one-half of 5411
Street.
BUDGET IMPACT
The proceeds from this sale will he used to help fund the wastewater system
improvement project.
• •
RESOLUTION NO.
A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE
CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND J. B.
HAYS AND CHARLES W. SLOAN FOR THE SALE OF
APPROXIMATELY 33.436 ACRES OF THE WESTSIDE•
WASTEWATER TREATMENT PLANT SITE FOR $1,039,007.00;
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE SAID AGREEMENT.
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 J. B. 1 -lays and Charles W. Sloan for the sale of approximately
33.436 acres of the Westside Wastewater Treatment Plant Site for $1,039,007.00.
A copy of the contract is attached hereto marked Exhibit "A" and made a part
hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes the Mayor and City Clerk to execute said agreement wi h B.
1 -lays and Charles W. Sloan.
PASSED and APPROVED this 18th day of October 0 .J.ri
"APPROVED: :I
DAN. GOODY, Mayor
-
B
SMI i, City Clerk
4%
RESOLUTION NO.159-04
MICROFILMEb
A RESOLUTION OF AUTHORIZATION TO SELL 35 ACRES
OF CITY LAND SOUTH OF PERSIMMON STREET AND
WEST OF BROYLES ROAD
WHEREAS, pursuant to §34.27 of the Code of Fayetteville, the City Council
shall issue notice of its authorization to sell city owned real estate by issuance of a
Resolution.
NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF
FHN CI I Y OF FAYEITEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby
gives notice and authorization to offer for sale 35 acres as described in Exhibit A, south
of Persimmon Street and west of Broyles Road and north of thc new, wcstside
wastewater plant.
Section 2: That the City Council of the City of Faycttcville, Arkansas hereby
determines that the property should be rezoned as RSF-4, Residential Single Family, 4
units per acre, prior to its sale.
Section 3: That the City Council of the City of Faycttcville, Arkansas hereby
determines that this 35 acre northernmost portion of the 300 acres purchased for thc
location of the western wastewater facility no longer serves a municipal purpose in that it
is not needed (except for street and utility easement purposes) for the development and
buffering of the new wastewater plant.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby
authorizes the administration to hire two independent appraisers to conduct appraisals of
this 35 acre parcel.
PASSED and APPROVED this 51h day of October, 2004.
ATTEST:
By:
APPROVED:
DAN COODY, ayor
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SOSMITH, Ci y Clerk
• •
RESOLUTION NO. 109-05
A RESOLUTION SETTING THE MINIMUM BID PRICE FOR
THE SALE OF 35 ACRES OF rHE WESTSIDE
WASTEWATER TREATMENT PLANT SITE, WHICH IS
SOUTH OF PERSIMMON STREET AND WEST OF
BROYLES ROAD, AT $29,000.00 PER ACRE FOR A
TOTAL MINIMUM BID PRICE OF $1,015,000.00
WHEREAS, on October 5, 2004, the City Council passed Resolution No. 159-04
authorizing the City to sell this property and rezone this property to RSF-4.
NOW, THEREFORE, BE I f RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby sets the
minimum bid at $1,015,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
authorizes staff to solicit sealed bids, at the minimum price set by the City Council, from all
interested parties.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby
determines that bids must equal or exceed the minimum price set by this Resolution and the
appraised value of the property.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby
requires that as part of the bid, the buyer must agree to build that portion of Pcrsimmon that
abuts this land to local street standards (28 feet wide).
PASSED and APPROVED this 7th day of June, 2005.
....................... �
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ATTEST °'lhppu,u,p.a
SONDRA SMITH, City Clerk
APPROVED:
DAN COODY, Mayor
Clarice Pearmari - Res. 206 o5
• Page 1
From: Clarice Pearman
To: Conklin, Tim
Subject: Res. 206-05
Tim,
Attached is a copy of your division's agenda item passed by City Council, October 18, 2005 regarding the
Offer & Acceptance Contract with J.B. Hays and Charles Sloan.
Thanks.
Have a good day.
Clarice
CC: Bell, Peggy; Deaton, Vicki