HomeMy WebLinkAbout40-05 RESOLUTION•
RESOLUTION NO.40-05
A RESOLUTION TO ACCEPT AN OFFER FROM
STEPHEN L. DAVIS TO PURCHASE THE REMAINDER
OF THE FORMER SHAKE'S PROPERTY AND
BUILDING FOR $178,555.00
WHEREAS, Mr. Stephen L. Davis properly submitted a sealed bid in excess of
the minimum amount authorized by the City Council for the sale of city property at 2050
West Sixth Street ($178,000.00); and
WHEREAS, this bid of $178,555.00 was the only bid tendered for this property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
accepts the bid of Stephen L. Davis in the amount of $178,555.00 for the land and former
Shake's building located at 2050 West Sixth Street, Fayetteville, Alt
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
sells this property at 2050 West Sixth Street to Stephen L. Davis for $178,555.00 and
authorizes Mayor Coody to execute a deed and any other necessary papers to effect a
transfer of ownership of this property to Stephen L. Davis.
PASSED and APPROVED this ls` day of March, 2005.
ATTEST:
By:
` „nQ�I l,lh ,.
.,,1`�9WTR� 1�.,
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^ �; •G\SY 0,F • Wp
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FAYETTEVILLE; - By
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/0.4.0/4
SONDRA SMITH, City Clerk
APPROVED:
DAN COODY, Mayor
• • ORIGINAL:
OFFER AND ACCEPTANCE CONTRACT
' L• D
a-v'i S offers to buy, subject to the terms and conditions set forth herein,
the following described property:
SEE ATTACHED EXHIBIT "A"
FOR PROPERTY DESCRIPTION
St l� 1 lTa.sZs
2. Purchase Price: Subject to the following conditions , • shall pay for the
property at closing, the total and cash payment of $ 1 1 S , S S'S c• -o .
Wim" L1.>-•-•;.)3. Contingent Earnest Money Deposit: ' • ^ ' herewith tenders a check for
$
I/ o o e to the City of Fayetteville, as earnest money, which shall apply on the
purchase price. This sale 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
by the City of Fayetteville. If title requirements are not fulfilled or the City of
Fayetteville fail(s) to fulfill any obligations under this contract, the earnest money shall be promptly
refunded to the seller. If the buyer fails to fulfill their obligations under this contract or, after all conditions
have been met, the buyer fails to close this transaction, the earnest money may, at the option of City of
Fayetteville, become liquidated damages to the City of Fayetteville.
4. Conveyance will be made to the 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 rights owned by the City of Fayetteville.
City of Fayetteville shall furnish a policy of title insurance in the amount of the purchase price from a title
insurance company as selected by the buyer. The buyer and City of Fayetteville shall share equally in the
cost of the title insurance.
City of Fayetteville agree(s) to allow the Buyer, if the buyer so desires, at the buyers expense, to survey
the property. The City of Fayetteville agree(s) 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 Buyer.
Taxes and special assessments due on or before closing shall be paid by the City of Fayetteville.
Insurance, general taxes, ad valorem taxes, special assessments and rental payments shall be prorated
as of closing. PP,-, CID( %2570c
V
The closing date shall be within I c� (_)) 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 buyer on the date of closing.
10. City of Fayetteville hereby grant(s) permission for the buyer 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 the City of Fayetteville.
13. City of Fayetteville shall disclose to the buyer any and all environmental hazards of which the City of
Fayetteville has/have actual knowledge. Upon acceptance of all conditions and terms of this Offer and
Acceptance, the buyer and the City of Fayetteville shall share equally the costs of any and all testing for
the existence of environmental hazards. Should the existence of environmental hazards be known or
determined, the City of Fayetteville shall cure such, at their expense; or, in the alternative, at the buyers
discretion, the buyer may cure such environmental hazard, and the City of Fayetteville shall indemnify the
buyer for all costs associated with said cure.
•
• •
OFFER AND ACCEPTANCE CONTRACT
Page 2 of 4
14. This agreement shall be governed by the laws of the State of Arkansas.
15. This agreement, when executed by both the buyer and City of Fayetteville 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.
16.
17. The buyer shall submit this fully executed Offer and Acceptance Contract to the City Council for their
approval within ( ) days of acceptance by the City of Fayetteville:
18. NOTICE: THE BUYER ASSERTS AND CITY OF FAYETTEVILLE HEREBY ACKNOWLEDGES
THAT THIS OFFER IS EXPRESSLY CONTINGENT UPON THE APPROVAL OF THIS
SALE OFFER 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 THE BUYER OF THE $ EARNEST MONEY DEPOSIT.
This contract expires if not accepted by the City of Fayetteville on or before the day of
2004.
eki
AGENT OR WITNESS:
City of Fayetteville, Arkansas,
A municipal c..oration
Dan Coody, Mayor
Sondra mith, City Clerk
Date:
Date:
Date:
Date: 3/01105
• •
OFFER AND ACCEPTANCE CONTRACT
Page 3 of 4
EXHIBIT "A"
PROPERTY DESCRIPTION
REFER TO APPRASIAL PERFORMED FOR THE CITY OF FAYETTEVILLE
SIGNED FOR IDENTIFICATION:
Dan oody, Mayor
Sondra Smith, City Clerk
4
/Yl
Date:
Date:
Date: .3' 2 / b 5
Date: ./3/0J
THE
IREAL ESTATE
- CONSULTANTS
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• REALTORS • APPRAISERS • CONSULTANTS •
July 30, 2004
Ms. Jill Goddard
The City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
RE• Appraisal Services
Dear Ms. Goddard:
Former Shake's Frozen Custard Building
2050 W. 6th St.
Fayetteville, AR 72701
118 N. East Ave.
P.O. Box 726
Fayetteville, AR 72702
Phone (479) 442-0762
In compliance with your request, and for the purpose of estimating the current Market Value of the above
captioned property, I hereby certify that I have personally inspected the property and made a survey of matters
pertinent to the estimation of its value. The intended use of this appraisal is for sale evaluation purposes of the
client.
I further certify that I have no interest, present or contemplated, in the property under appraisement, & that the
fee was not contingent upon the value estimate reported, nor based upon a percentage of the appraised value.
The following narrative appraisal report contains the data gathered in the investigation, and shows the method of
appraisal in detail. The report has been prepared in conformity with the Uniform Standards of Professional
Appraisal Practice as promulgated by the Appraisal Foundation. This is considered a Complete Summary
Appraisal Report.
Based upon the inspection of the subject property and the investigation and analysis carried out in this report, it
is the considered opinion of the appraiser that the Market Value of the property as of July 21, 2004 and subject
to the assumptions and limiting conditions set forth within the body of this report, is as follows:
ONE HUNDRED SEVENTY EIGHT THOUSAND DOLLARS
($178,000)
Respectfully Submitted,
Mark E. Risk, GAA
State Certified General Appraiser
#CG0202
htha-
Leslie Manning
State Certified General Appraiser
#CG2445
•
SUMMARY OF SALIENT FACTS & CONCLUSIONS
Property Type: Commercial Restaurant Building
Location:
Effective Date
of the Appraisal:
2050 W. 6th St.
Fayetteville, AR 72701
The subject site was inspected on July 21, 2004. The effective date of the
appraisal is the date of inspection — July 21, 2004. The opinions set forth in this
report are stated as of July 29, 2004.
Zoning: C-2 (Thoroughfare Commercial)
Site: 136.82' x 128.73' x 6.16' x 54.53' x 30.28' x 17.25' x 57.87' x
17.07' - 12,197 Sq. Ft. or 0.28 Acres
Improvements: 1,113SF Commercial Building
Utilities: All municipal utilities available
Highest and Best Use: Drive-Thru Fast Food Restaurant or Drive-Thru Commercial Facility
Flood Data: FEMA Map #05143C0091 D, The subject is located in Flood Hazard
Area Zone X
Value Indications:
Cost Approach $187,000
Market Data Approach $177,000
Income Approach $167,000
Final Estimate of Market Value:
$178,000
Note: This appraisal report has been prepared for the exclusive benefit of The City of Fayetteville. It may
not be used or relied upon by any other party. Any party who uses or relies upon any information in this
report without the preparer's written permission, does so at their own risk. This report is considered a
complete summary appraisal report.
1
4,
BID PROPOSAL
Proposed By: Stephen L. Davis (contact person)
756 N. Washington Ave.
Fayetteville, AR 72701
Email: davishealth@aol.com
Fax: 443-9500
Phone: 443-5850
Cell: 283-7530
Property: Former Shake's Building, 2050 W. Sixth Street, Fayetteville, AR
Description of Proposed Use: -Retail store with food service
- Limited inside and patio seating
- One drive-through lane
Offer Price: $178,555.00
Terms: As City Requires
Authorized Signature
Stephen L. Davis
Attachment: Engineer's drawing of property and possible parking arrangement showing
entrance to parking and drive-through at north side from Old Farmingron Road.
LOCATION MAP
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LEGAL DESCRIPTION
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All that certain tract or parcel of land being a part of the SE Y of the SW 1/4, and part of the NE ''4 of the NW I/4of Section
17, Township 16 North, Range 30 West, Washington County, Arkansas. And being more particularly described by metes and
bounds as follows:
Beginning at the SW Corner of the SE %. of the SW '/. of Section 17, Township 16 North, Range 30 West, Washington
County, Arkansas. Said point being the NW Corner of Block 2 of Westwood Addition to the City of Fayetteville, Arkansas.
THENCE - North 02° 56' 11" East 6.16' to the south right-of-way line of Old Farmington Road;
THENCE - with said right-of-way through the following calls:
THENCE -through a curve to the left with a radius of 225.00', a central angle of 25° 27' 53' , arc length of 54.53', a cord
bearing of North 66° 59' 31" East for a distance of 54.40';
THENCE - through a curve to the right with a radius of 20.00', a central angle of 286° 28' 44", arc length of 30.28', a cord
bearing of South 76° 34' 38" East for a distance of 27.47';
THENCE - South 33° 12' 12" East 17.23';
THENCE - through a curve to the right with a radius of 262.00', a central angle of 21° 52' 07", arc length of 57.87', a cord
bearing of South 26° 52' 32" East for a distance of 57.75';
THENCE - through a curve to the right with a radius of 28.96', a central angle of 33° 46' 27", arc length of 17.07', a cord
bearing of South 01° 38' 09" East for a distance of 16.83' to the north right-of-way of State Highway No. 62;
THENCE - South 60° 30' 11" West 135.82' with said right-of-way to a set 5/8" 1.Pin;
THENCE - North 02° 42' 11" West 134.89' to the POINT OF BEGINNING. The above described property having been
surveyed by Bart L.Petray contains 0.28 acres of land more or less.
•
City Council Meeting of 3
Agenda Item Number 'a -DS
CITY COUNCIL AGENDA MEMO _Vet -4
/% Lhv'5
To: Mayor and City Council
From: Tim Conklin, Community Planning and Engineering Services Director
Date: October 26, 2004
Subject: Approval of an offer and acceptance contract in the amount of $178,555
with Stephen L. Davis to purchase the former Shake's Building located at
2050 W. Sixth Street.
RECOMMENDATION
Staff recommends approval of a resolution accepting the offer and acceptance contract in
the amount of $178,555 with Stephen L. Davis to purchase the former Shake's Building
located at 2050 W. Sixth Street.
BACKGROUND
Parcel No. 765-12164-000 (Shake's Frozen Custard) was acquired in its entirety as part
of the realignment and signalization of the Hollywood/Sang/6`h Street Intersection. Last
June, the City Council passed Resolution No. 95-40 authorizing City staff to begin the
process to sell this parcel and building. Last August, the City Council passed Resolution
No. 126-04 setting the minimum bid price at $178,000 based on the higher appraised
value from the two required appraisals.
The sale of the property was advertised in the commercial real estate and legal sections of
the Northwest Arkansas Times, "For Sale" signs were posted, notice was placed on the
city's web site, and notice was sent out by e-mail approximately 30 days prior to the bid
deadline of October 11, 2004.
The City received one offer and acceptance bid for this property by Stephen L. Davis.
BUDGET IMPACT
Sale of the property will result in an additional $178,555 in revenue to the Street Fund.
RESOLUTION NO.
A RESOLUTION TO ACCEPT AN OFFER FROM
STEPHEN L. DAVIS TO PURCHASE THE REMAINDER
OF THE FORMER SHAKE'S PROPERTY AND
BUILDING FOR $178,555.00
WHEREAS, Mr. Stephen L. Davis properly submitted a sealed bid in excess of
the minimum amount authorized by the City Council for the sale of city property at 2050
West Sixth Street ($178,000.00); and
WHEREAS, this bid of $178,555.00 was the only bid tendered for this property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS*
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
accepts the bid of Stephen L. Davis in the amount of $178,555.00 for the land and former
Shake's building located at 2050 West Sixth Street, Fayetteville, AR.
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
sells this property at 2050 West Sixth Street to Stephen L Davis for $178,555.00 and
authorizes Mayor Coody to execute a deed and any other necessary papers to effect a
transfer of ownership of this property to Stephen L. Davis.
PASSED and APPROVED this 16th day of November, 2004.
APPROVED:
OQ �0
By:
ATTEST:
By:
SONDRA SMITH, City Clerk
DAN COODY, Mayor
Feb 8, 2005
TO: Fayetteville City Council Members
FROM: Stephen L. Davis (cell 283-7530)
RE BID ACCEPTANCE — SHAKE'S PROPERTY
Could you please move the Shake's bid acceptance from 2/15/05 to the next scheduled
council meeting.
Last Friday, 2/4/05, I received approval from Smoothie King's New Orleans headquarters
to relocate to the 6th St location. I had previously provided them with as -built plans,
demographics, photos, aerial views, etc.
Their Design & Construction Dept is now working on plans and projections that should
result in a cost estimate for interior and exterior improvements they will require.
Unless these costs are much higher than I anticipate, we plan to move forward.
My sincere thanks for your patience concerning this process.
• . Page 1 of 1
Subj: Agenda Change
Date: 111302004 3:56:12 PM Central Standard Tithe
From: DavisHealth_
To: cssmittkeeci.fayetteville.ar.us
ATTN: Sonya Smith: City Clerk
Request for Change of Agenda Date from 12-07-04 to 1-04-05. (Bid on.Shakes's Property on 6th Street)
Reason for Request: More time is needed to iron out approvals and obtain construction costs. (Now moving out
of Dickson St location.)
Need approval from Smoot King Franchises to relocate to 6th St location and cost of
improvements required by the corporation. •--_ - - -
-Still working on design work and construction estimates.
-Finanaii9 institution has questions about value that an updated appraisat,vhh projected -
improvements, should answer. -
Thank you for your consideration.
Stephen L. Davis •
283-7530.(S e)
711-769x'
Tuesday, November30,2004 Aineiic t Ontme: DavisHealth
OFFER AND ACCEPTANCE CONTRACT
L. Da -v75 offers to buy, subject to the terms and conditions set forth herein,
the following described property:
SEE ATTACHED EXHIBIT "A"
FOR PROPERTY DESCRIPTION
S►t�. L t�arIs
2. Purchase Price: Subject to the following conditions et—>shall pay for the
property at closing, the total and cash payment of $ 1 1 R r S S S. w .
5.1.E f.,... L
3. Contingent Earnest Money Deposit: f Cris" . on herewith tenders a check for
$ 1 v
Or to the City of Fayetteville, as earnest money, which shall apply on the
purchase price. This sale 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
by the City of Fayetteville. If title requirements are not fulfilled or the City of
Fayetteville fail(s) to fulfill any obligations under this contract, the eamest money shall be promptly
refunded to the seller. If the buyer fails to fulfill their obligations under this contract or after all conditions
have been met, the buyer fails to close this transaction, the eamest money may, at the option of City of
Fayetteville, become liquidated damages to the City of Fayetteville.
4. Conveyance will be made to the 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 rights owned by the City of Fayetteville.
5. City of Fayetteville shall furnish a policy of title insurance in the amount of the purchase price from a title
insurance company as selected by the buyer. The buyer and City of Fayetteville shall share equally in the
cost of the title insurance.
6. City of Fayetteville agree(s) to allow the Buyer, if the buyer so desires at the buyers expense, to survey
the property. The City of Fayetteville agree(s) 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 Buyer.
7. Taxes and special assessments due on or before closing shall be paid by the City of Fayetteville.
Insurance, general taxes, ad valorem taxes special and rental payments shall be prorated
as of closing. �j ('k�
•
8. The closing date shall be within ./B 0 ( d. fter 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 buyer on the date of closing.
10. City of Fayetteville hereby grant(s) permission for the buyer 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 the City of Fayetteville.
13. City of Fayetteville shall disclose to the buyer any and all •environmental hazards of which the City of
Fayetteville has/have actual knowledge. Upon acceptance of all conditions and terms of this Offer and
Acceptance, the buyer and the City of Fayetteville shall share equally the costs of any and all testing for
the existence of environmental hazards Should the existence of environmental hazards be known or
determined, the City of Fayetteville shall cure such, at their expense; or, in the alternative, at the buyers
discretion, the buyer may cure such environmental hazard, and the City of Fayetteville shall indemnify the
buyer for all costs associated with said cure.
•
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•
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OFFER AND ACCEPTANCE CONTRACT
Page 2 of 4
14. This agreement shall be governed by the laws of the State of Arkansas.
15. This agreement, when executed by both the buyer and City of Fayetteville 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.
16. This contract expires, if not accepted by the City of Fayetteville on or before the day of
2004.
17. The buyer shall submit this fully executed Offer and Acceptance Contract to the City Council for their
approval within ( ) days of acceptance by the City of Fayetteville.
18. NOTICE: THE BUYER ASSERTS AND CITY OF FAYETTEVILLE HEREBY ACKNOWLEDGES
THAT THIS OFFER IS EXPRESSLY CONTINGENT UPON THE APPROVAL OF THIS
SALE OFFER 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 THE BUYER OF THE $ EARNEST MONEY DEPOSIT.
AGENT OR WITNESS:
City of Fayetteville, Arkansas,
A municipal corporation
Dan Coody, Mayor
Sondra Smith, City Clerk
Date: (c, — l
Date:
Date:
Date:
Date:
•
• •
OFFER AND ACCEPTANCE CONTRACT
Page 3 of 4
EXHIBIT "A"
PROPERTY DESCRIPTION
REFER TO APPRASIAL PERFORMED FOR THE CITY OF FAYETTEVILLE
SIGNED FOR IDENTIFICATION:
Dan Coody, Mayor
Sondra Smith, City Clerk
Date:
Date:
Date:
Date:
OFFER AND ACCEPTANCE CONTRACT
Page4of4
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
to me well known as the person(s) who executed the foregoing document, and who stated and
acknowledged that he/she/they is/are of
and is/are duly authorized to execute the foregoing instrument for and in the name and behalf of
said and further stated and acknowledged
that he/she/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 2003.
,Notary Public
MY COMMISSION EXPIRES:
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 day of
MY COMMISSION EXPIRES:
2003.
Notary Public
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LEGAL DESCRIPTION
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All that certain tract or parcel of land being a part of the SE'/ of the SW 1/4, and part of the NE'/ of the NW 1/4of Section
17, Township 16 North, Range 30 West, Washington County, Arkansas. And being more particularly described by metes and
bounds as follows:
Beginning at the SW Comer of the SE Y of the SW % of Section 17, Township 16 North, Range 30 West, Washington
County, Arkansas. Said point being the NW Corner of Block 2 of Westwood Addition to the City of Fayetteville, Arkansas.
THENCE - North 02° 56' 11" East 6.16' to the south right-of-way line of Old Farmington Road;
THENCE - with said right-of-way through the following calls:
THENCE -through a curve to the left with a radius of 225.00', a central angle of 25° 27' 53", arc length of 54.53', a cord
bearing of North 66° 59' 31" East for a distance of 54.40';
THENCE - through a curve to the right with a radius of 20.00', a central angle of 286° 28' 44", arc length of 30.28', a cord
bearing of South 76° 34' 38" East for a distance of 27.47';
THENCE - South 33° 12' 12" East 17.23';
THENCE - through a curve to the right with a radius of 262.00', a central angle of 21° 52' 07", arc length of 57.87', a cord
bearing of South 26° 52' 32" East for a distance of 57.75';
THENCE - through a curve to the right with a radius of 28.96', a central angle of 33° 46' 27", arc length of 17.07', a cord
bearing of South 01° 38' 09" East for a distance of 16.83' to the north right-of-way of State Highway No. 62;
THENCE - South 600 30' 11" West 135.82' with said right-of-way to a set 5/8" 1.Pin;
THENCE - North 02° 42' 11" West 134.89' to the POINT OF BEGINNING. The above described property having been
surveyed by Bart L.Petray contains 0.28 acres of land more or less.
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RESOLUTION NO. 126-04
A RESOLUTION TO GRANT APPROVAL TO SOLICIT
SEALED BIDS FROM THE PUBLIC TO PURCHASE
THE PORTION OF CITY PROPERTY (FORMERLY
SHAKE'S FROZEN CUSTARD) NOT USED FOR THE
INTERSECTION IMPROVEMENT ON SIXTH STREET
WHEREAS, the City Council of the City of Fayetteville, Arkansas has already
passed a resolution to offer this property for sale as required by Fayetteville Code §34.27
(A); and
WHEREAS, two simultaneous and independent appraisals of the real property have
been obtained and provided to the City Council pursuant to Fayetteville Code §34.27 (C);
and
WHEREAS, public notification including at least four newspaper publications,
certified mail to all adjacent property owners and signs, prominently displayed at all
approaches to the property, have been accomplished pursuant to Fayetteville Code §34.27
(D); and
WHEREAS, Fayetteville Code §34.27 (E) provides "Upon an affirmative vote of the
City Council, the city shall solicit sealed bids, at a minimum price set by the City Council
from all interested parties. Bids must equal or exceed the minimum price set by the City
Council and the appraised value of the property."
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby directs
the staff to solicit sealed bids at a minimum price of $178,000.00 for the city owned property
at 2050 W. 6t° Street.
PASSED and APPROVED this the 17th day of August, 2004.
ATTEST:
RESOLUTION NO. 95-04
MICROFILMED
A RESOLUTION OF INTENT TO SELL MUNICIPALLY
OWNED PROPERTY AT THE CORNER OF SANG AVENUE
AND SIXTH STREET (A PORTION OF THE FORMER
SHAKE'S FROZEN CUSTARD LOT AND BUILDING)
WHEREAS, Ordinance No. 4358 requires municipally owned real estate to be
offered for sale only after an express authorization, by resolution, of the City Council,
and numerous other requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
determines that the remainder of Parcel No. 765-12164-000 (Shake's Frozen Custard
former lot and building at the comer of Sang Avenue and Sixth Street) no longer serves a
municipal service, should not be rezoned and should be sold pursuant to Ordinance No.
4358.
PASSED and APPROVED this 151 day of June, 2004.
By:
ATTEST:
APPROVED:
DAN COODY, Mayor
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By: 5p0e4&4/ 741.&C) -v
;FAYETTEVILLE;
SONDRA SMITH, City Clerk ;
STAFF RE W FORM - NON -FINANCIAL OBLIGATION
x AGENDA REQUEST
For the Fayetteville City Council Meeting of: November 16, 2004
FROM:
Tim Conklin, AICP Comm. Planning & Engineering CP&E
Name Division Department
ACTION REQUIRED: Resolution Approval.
SUMMARY EXPLANATION:
Approval of a resolution accepting an offer and acceptance contract in the amount of $178,555 with Stephen
L. Davis to purchase the former Shake's Building located at 2050 W. Sixth Street.
STAFF RECOMMENDATION: Approval.
Division Head
a
orney
Department Director
Finance & Internal Services Dir.
Received in Mayor's Office
Date Date
/a`7o -e'(
Date
Cross Reference:
Date
Previous Ord/Res#:
Date Orig. Contract Date:
at
/
Date
Orig. Contract Number:
New Item:
Yes No
From: <DavisHealth@aol.com>
To:<city_clerk@ci.fayetteville.ar.us>
Date: Mon, Dec 27, 2004 2:43 PM
Subject: Shake's Property, 6th Street
ATTN: Sonya Smith
On 11/30/04 I wrote requesting that the bid acceptance for this property be
extended until the 1/4/05 City Council meeting.
I still intend to proceed with the purchase but have encountered a serious
obstacle which requires that I ask for another extension. Therefore, I request
that the bid acceptance be moved to Feb 1st or, if possible, Feb 15th.
We closed our Smoothie King store on 11/21/04, moved the contents into
storage, and completed vacating the Dickson Street building on 12/8/04. I had not
been feeling well, had lost some weight, and was sick on several days during
the move. However, I attributed it to overwork and stress. When my symptoms
continued to get worse, I saw Dr. Abernathy on 12/13, and he admitted me to the
hospital the same day. On 12/17 the surgeon, Dr. Eck, operated on my large
intestine. The surgery went well, and my long-term prognosis appears to be very
good. I am now recuperating at home, although it will be 3-5 more weeks
until I'm supposed to resume normal activity.
On 1/20/05 I have an appointment with the oncologist, Dr. Hayward, to review
results of an upcoming PET scan and to discuss any possibly -needed treatment
plan. Unless he finds something unexpected, no chemotherapy will be required.
By that time, I am hopeful that my strength will return and I can get back
to a normal work routine.
I recall that there were statements in both appraisals that a
six -to -twelve-month sales period was normal for a property of this type. We will be well
within this guideline, and my use of the property will be a positive and
appropriate addition to the "neighborhood."
Thank you for your continued help and consideration during this difficult
period. I will address the related issues just as soon as I am able to do so.
Sincerely,
Stephen Lewis Davis
Copy to Kit Williams, Fayetteville City Attorney
CC: <city_attomey@ci.fayetteville.ar.us>
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Feb 8, 2005
TO: Fayetteville City Council Members
FROM: Stephen L. Davis (cell 283-7530)
RE: BID ACCEPTANCE — SHAKE'S PROPERTY
Could you please move the Shake's bid acceptance from 2/15/05 to the next scheduled
council meeting.
Last Friday, 2/4/05, I received approval from Smoothie King's New Orleans headquarters
to relocate to the 6th St location. I had previously provided them with as -built plans,
demographics, photos, aerial views, etc.
Their Design & Construction Dept is now working on plans and projections that should
result in a cost estimate for interior and exterior improvements they will require.
Unless these costs are much higher than I anticipate, we plan to move forward.
My sincere thanks for your patience concerning this process.
S
BID PROPOSAL
Proposed By: Stephen L. Davis (contact person)
756 N. Washington Ave.
Fayetteville, AR 72701
Email: davishealth@aol.com
Fax: 443-9500
Phone: 443-5850
Cell: 283-7530
Property: Former Shake's Building, 2050 W. Sixth Street, Fayetteville, AR
Description of Proposed Use: -Retail store with food service
-Limited inside and patio seating
-One drive -through lane
Offer Price: $178.555.00
Terms: As City Requires
Authorized Signature
Stephen L. Davis
Attachment: Engineer's drawing of property and possible parking arrangement showing
entrance to parking and drive -through at north side from Old Farmingron Road.
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LEGAL DESCRIPTION
All that certain tract or parcel of land being a part of the SE '/4 of the SW I/4, and part of the NE '/4 of the NW 1/4of Section
17, Township 16 North, Range 30 West, Washington County, Arkansas. And being more particularly described by metes and
bounds as follows:
Beginning at the SW Comer of the SE %. of the SW '/. of Section 17, Township 16 North, Range 30 West, Washington
County, Arkansas. Said point being the NW Corner of Block 2 of Westwood Addition to the City of Fayetteville, Arkansas.
THENCE - North 02° 56' 11" East 6.16' to the south right-of-way line of Old Farmington Road;
THENCE - with said right-of-way through the following calls:
THENCE -through a curve to the left with a radius of 225.00', a central angle of 25° 27' 53", arc length of 54.53', a cord
bearing of North 66° 59' 31" East for a distance of 54.40';
THENCE - through a curve to the right with a radius of 20.00', a central angle of 286° 28' 44", arc length of 30.28', a cord
bearing of South 76° 34' 38" East for a distance of 27.47';
THENCE - South 33° 12' 12" East 17.23';
THENCE - through a curve to the right with a radius of 262.00', a central angle of 2l ° 52' 07", arc length of 57.87', a cord
bearing of South 26° 52' 32" East for a distance of 57.75';
THENCE - through a curve to the right with a radius of 28.96', a central angle of 33° 46' 27", arc length of 17.07', a cord
bearing of South 010 38' 09" East for a distance of 16.83' to the north right-of-way of State Highway No. 62;
THENCE - South 60° 30' 11" West 135.82' with said right-of-way to a set 5/8" 1.Pin;
THENCE - North 02° 42' 11" West 134.89' to the POINT OF BEGINNING. The above described property having been
surveyed by Bart L.Petray contains 0.28 acres of land more or less.
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3 Z ASEMEN
From: Clarice Pearman
To: Conklin, Tim
Date: 3/4/05 9:07AM
Subject: Res. 40-05
Tim,
Attached is a copy of the resolution passed by City Council March 1, 2005 regarding the Shakes property
sale.
Have a good day.
Thanks.
Clarice
OFFER AND ACCEPTANCE CONTRACT
Page 4 of 4
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
, to me well known as the person(s) who executed the foregoing document, and who stated and
acknowledged that he/she/they is/are of
and is/are duly authorized to execute the foregoing instrument for and in the name and behalf of
said , and further stated and acknowledged
that he/she/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 , 20 ,('i.
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 , 20Q!
Notary Public
MY COMMISSION EXPIRES:
MICROFILMED
APPRAISAL REPORT
City of Fayetteville
SHAKES FROZEN CUSTARD
FORMER BUILDING
2050 W 6s' St.
Fayetteville, AR
By
The Real Estate Consultants
118 N. East Ave.
Fayetteville, AR 72701
(c) Copyright 2004 by The Real Estate Consultants
i
DAVIS HEALTH & NUTRITION, INC.
DBA SMOOTHIE KING, STORE #207
P.O. BOX 1961 FAYETTEVILLE, AR 72702-1961
PH. (479) 444-9500 FAX (479) 443-9500
ARVEST BANK
FAYETTEVILLE, AR 72701
81-87/0829
10/11/2004
PAYTOTHE Cityof Fayetteville '`1,000.00
ORDER
$
One Thousand and 00/100ssss++•ssw+rrss•rwrrwsrwssrrrrwsssserssssssss+ssss•ssrswrwrsrrsssassssess+swwsswssrws+s
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
MEMO
THE REVERSE SIDE OF THIS DOCUMENT INCLUDES A SECURITY SCREEN - HOLD AT ANGLE TO VIEW
7308
DOLLARS
1
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