HomeMy WebLinkAbout136-09 RESOLUTIONRESOLUTION NO. 136-09
A RESOLUTION TO APPROVE A LOT SPLIT FROM LOT 7 OF THE JOHN
SMITH ADDITION AND TO APROVE THE CONSTRUCTION THEREON
OF A 500,000 GALLON WATER TOWER TO SERVE THE MT. SEQUOYAH
PRESSURE PLANE
WHEREAS, the City Council has the authority to approve a lot split and the construction
of a vital municipal facility such as a water tower pursuant to § 164.21 of the Unified
Development Code after a public hearing on the requested lot split and development/construction
approval; and
WHEREAS, the City Council has conducted a public hearing and determined that a lot
split should be granted for Lot 7 of the John Smith Addition in order to split off a .66 acre parcel
to be used for a 500,000 gallon water tower that is a vital municipal facility; and
WHEREAS, the City Council has determined that this 500,000 gallon water tower
should be approved for construction upon this .66 acre parcel.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
the lot split described on Exhibit A from Lot 7 of the John Smith Addition and approves the
construction of a 500,000 gallon water tower to serve the Mt. Sequoyah Pressure Plane on this
site as well as all necessary service facilities such as retaining walls, driveway, fencing, etc.
PASSED and APPROVED this 16th day of June, 2009.
APPROVED: ATTEST:
By:
By:sh6maiz-
SONDRA E. SMITH, City ClerW9easurer
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add i 104 -61cP,, RESOLUTION NO.
A RESOLUTION TO APPROVE A LOT SPLIT FROM LOT 7
OF THE JOHN SMITH ADDITION AND TO APROVE THE
CONSTRUCTION THEREON OF A 500,000 GALLON
WATER TOWER TO SERVE THE MT. SEQUOYAH
PRESSURE PLANE
WHEREAS, the City Council has the authority to approve a lot split and the construction
of a vital municipal facility such as a water tower pursuant to § 164.21 of the Unified
Development Code after a public hearing on the requested lot split and development/construction
approval; and
WHEREAS, the City Council has conducted a public hearing and determined that a lot
split should be granted for Lot 7 of the John Smith Addition in order to split off a .66 acre parcel
to be used for a 500,000 gallon water tower that is a vital municipal facility; and
WHEREAS, the City Council has determined that this 500,000 gallon water tower
should be approved for construction upon this .66 acre parcel.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
the lot split described on Exhibit A from Lot 7 of the John Smith Addition and approves the
construction of a 500,000 gallon water tower to serve the Mt. Sequoyah Pressure Plane on this
site as well as all necessary service facilities such as retaining walls, driveway, fencing, etc.
PASSED and APPROVED this 16th day of June, 2009.
APPROVED: ATTEST:
By: .By:
LIONELD JORDAN, Mayor . SONDRA E. SMITH, City Clerk/Treasurer
PERMANENT ACCESS AND UTILITY EASEMENT
A PART OF THE NW 114 OF THE SW 1/4 OF SECTION 12, T -16-N, R -30-W AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF
LOT 23 IN HYLAND PARK SUBDIVISION - PHASE 2 TO THE CITY OF FAYETTEVILLE AS
RECORDED ON PLAT RECORD 6-625, THENCE ALONG THE NORTH LINE OF SAID SUBDIVISION
NORTH 89°39' WEST - 529.99 FEET; THENCE LEAVING SAID NORTH LINE NORTH 0'°09' EAST -
54.01 FEET TO A POINT ON THE SOUTH LINE OF LOT 7 OF JOHN SMITH ADDITION TO THE
CITY OF FAYETTEVILLE AS RECORD ON PLAT RECORD 3-401; THENCE ALONG SAID SOUTH
LINE SOUTH 89°39' EAST - 180.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7, SAID.
POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 40 OF SHERWOOD FOREST ESTATES TO
THE CITY OF FAYETTEVILLE AS RECORDED ON PLAT RECORD 3-452; THENCE ALONG THE
SOUTH LINE OF SAID LOT 40 SOUTH 89°39' EAST - 350..00 FEET TO A POINT ON THE WEST
RIGHT OF WAY LINE OF CANTERBURY ROAD; THENCE ALONG SAID WEST RIGHT OF WAY LINE
SOUTH 0°09'24" WEST - 54.01 FEET TO THE POINT OF BEGINNING, CONTAINING 0.66 ACRES,
MORE OR LESS: ALSO: A 30 FOOT PERMANENT CONSTRUCTION AND UTILITY EASEMENT ALONG
THE WEST SIDE OF THE ABOVE DESCRIBED PERMANENT ACCESS AND UTILITY EASEMENT.
INDEMNITY AGREEMENT
THIS AGREEMENT is made on the 26th day of June, 2009 by and between GARY
COMBS, hereinafter referred to as "Combs" and CITY OF FAYETTEVILLE, hereinafter
referred to as "Fayetteville".
WHEREAS, Combs through one of his entities, Lovers Lane, LLC is selling a .66 acre
tract of land to Fayetteville for the purpose of constructing a water tower thereon ; and
WHEREAS, certain ad valorem taxes in the amount of $12,889.42 are due to
Washington County for Parcel # 765-07157-000 for the year 2008, which are not yet delinquent,
but are due;
WHEREAS, Combs agrees to pay said taxes prior to their due date of October 10, 2009;
and
WHEREAS, in the interest of permitting the sale of the property and to provide for the
full amount of the proceeds of the closing to be transferred to Metropolitan National Bank;
NOW, THEREFORE, for good and valuable consideration and the promises set forth
herein, it is agreed as follows:
1. Combs agrees to indemnify and hold Fayetteville harmless for the cost of the ad
valorem property taxes, plus any interest or penalties which may serve to cloud
the title to the above described property.
2. Combs hereby gives his consent to the Washington County Assessor and
Collector to provide notice to Fayetteville of any delinquency in regard to the
above described parcel.
3. Combs agrees to personally notify Fayetteville of any delinquency notice received
on the above described parcel upon receipt thereof.
4. Combs agrees to provide a copy of the paid receipt for year 2008 to Fayetteville
upon receipt thereof.
5. Entire Agreement: This Agreement and Exhibits hereto represent the entire
understanding and agreement among the parties with respect to the subject matter
hereof and can be amended, supplemented, or changed, and any provision hereof
can be waived, only by written instrument making specific reference to this
Agreement signed by the party against whom enforcement of such amendment,
supplement, modification or waiver is sought.
6. Severability: If at any time subsequent to the date hereof, any provision of this
Agreement shall be held by any court of competent jurisdiction to be illegal, void
or unenforceable, such provision shall be of no force and effect, but shall not
affect the illegality or enforceability of any other provision of this Agreement and
the remainder of the Agreement shall remain in full force and effect.
7. Governing Law: This agreement shall be construed and interpreted in accordance
with the laws of the State of Arkansas.
8. Binding Effect: This agreement shall be binding on and inure to the benefit of the
parties and their respective heirs, personal representatives, and assigns. This
agreement may not be assigned without the written consent of the other party and
said consent shall not be unreasonably withheld. .
THIS the 26th day of June, 2009.
LOVERS LANE, L
AGER
1
STATE OF ARKANSAS
COUNTY OF WASHINGTON
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ACKNOWLEDGEMENT
Now on this 26th, day of June 2009, came before me, a notary public, Gary Combs, in his
individual capacity and as the Manager of Lovers Lane, LLC, an Arkansas limited liability
corporation, and he stated that he had executed the above instrument for the purposes and
consideration set forth herein.
3- (0- ,2‘)/)
My commission expires
Official Seal
DAVID B. FISHER
Notary Public-Arkanass
WASHINGTON COUNTY
My Commission Expires 3-10.2013
ACCEPTED IN LIEU OF THE IMMEDIATE PAYMENT OF 2008 AD VALOREM TAXES
ON THE ABOVE DESCRIBED PARCEL.
CITY OF FAYETTEVILLE
ATTESTED:
JORDAN coh ' hi ,,'*,�
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SONDRA E. SMITH, CITY CLERK
Hybrid Park Water Tower
WARRANTY DEED
(Corporation)
BE IT KNOWN BY THESE PRESENTS:
THAT Lovers Lane, LLC, an Arkansas Limited Liability Company
hereinafter called GRANTOR, for and in consideration of the sum of
Seventy -Five Thousand Dollars ($75,000.00) in hand paid, plus other good
and valuable consideration, including a donation to the City from Lovers
Lane, LLC, the receipt of which is hereby acknowledged, does 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:
Part of Lot 7, John Smyth Addition to the City of Fayetteville, described as beginning at the
Southeast corner of said Lot 7 North 89°39' West 180 feet; thence leaving said South line
North 0°09 East 160 feet; thence South 89°39' East 180 feet to a point on the East line of
said Lot 7; thence along said East line South 0009' West 160 feet to the Point of Beginning,
containing 0.66 acres, more or Tess.
111111111111111111111111111111111
u'
Doc ID 012941020002 Type REL
Kind WARRANTY DEED
Recorded: 06/29/2009 at 11:08:33 Art
Fee Amt: $20.00 Paae 1 of 2
Washinaton County. AR
Bette Stamps Circuit Clerk
F11e2009-00020455
Also a 30 -foot permanent construction and utility easement along the North, and West sides
of the above described property, described as follows: Beginning at the Southwest comer of
the above described property North 89°39'00" West 30.00 feet, thence North 00°09'00" East
190.00 feet, thence South 89039'00" East 210.00 feet, thence South 00°09'00" West 30.00
feet, thence North 89°39'00" West 180.00 feet, thence South 00°09'00 West 160.00 feet to
the Point of Beginning.
Use and Restrictions: The parcel and easement conveyed are for the purpose of constructing, operating
and maintaining a city water tower with all necessary accessory structures and facilities including, but not
limited to, the driveway, retaining walls, drainage control measures, water piping, electrical and communication
lines, the warning light on top of the tower and communication devices for governmental use. The easement
is also for any utilities that may need to be routed around the water tower site.
No cellular antennas shall be allowed or placed upon any structure within this parcel or the easement
and no cellular tower may be built upon any land or easement conveyed by this deed. This restriction
and prohibition of a cellular tower and cellular antennas is binding on any successors of Grantee and shall run
with the land.
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.
WITNESS the execution hereof on this day of June, 2009.
Lovers Lane, LLC,
an Arkansas Limited Liability Company
ATTEST:
By:
[SEAL)
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 Gary Combs and
/V/4 ' - , to me well known as the persons who executed the foregoing
He_ 5
document, and who stated and acknowledged that -they the Z�.. A. ,%____
and A2-45„7"
respectively, of Lovers Lane, LLC, an Arkansas Limited Liability
Company, and are duly authorized in their respective capacities to execute the foregoing instrument for and
in the name and behalf of said corporation, and further stated and acknowledged that they had so signed,
executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set
forth.
WITNESS my hand and seal on this day of , 2009.
MY COMMISSION EXPIRES:
3.3-.QD/6
J "1 RGETT
NOTARY PUBLIC -STATE OF ARKANSAS
BENTON COUNTY
My Commission Expires 03-03-2016
Commission # 12347121
blic
r1' LANi3 PARK WATER TOWER
PERMANENT ACCESS AND UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Hyland Park, Inc., hereinafter called GRANTOR, 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,
SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called GRANTEE, and unto Grantee's successors and
assigns, a permanent easement for ingress, egress and access, construction,
maintenance, repair and/or replacement, enlargement and operations of roadway,
drainage, and general utilities including water and/or sanitary seweripe line or lines,
manholes, natural gas, electrical power, telephone, fiber optic cable(s) and television
communication line or lines, and appurtenances thereto, on over, across, and under
purposes in, on, over, and across the following described land situated in the County of
Washington, State of Arkansas, to -wit:
1111111111111111111111111111111111111111111111t
11
IIllIOI 11
Doc ID: 012955690002 Type REL
Kind: EASEMENT
Recorded: 07/07/2009 at 09:11:12 AM
Fee Amt: $20.00 Paae 1 of 2
Washinaton County. AR
Bette Stamps Circuit Clerk
Fiie2009-00021604
PROPERTY DESCRIPTION: (Warranty Deed 862-919)
The SW% of Section 12 and a Part of the E% of the SEY4 of Section 11, all in Township 16 North, Range 30
West, Washington County, Arkansas; more particularly described as follows: Beginning at the NE corner of
said Section 12; thence S 88.degrees 38 minutes W 713.2 feet; thence S 88 degrees 30 minutes W 561.7
feet; thence S 88 degrees 31 minutes W 1347.6 feet; thence S 01 degrees 42 minutes E 1082.5 feet; thence
S 88 degrees 13 minutes W 921.4 feet to the easterly right-of-way of Arkansas State Highway 265; thence S
24 degrees 26 minutes W 207.5 feet along said right of way; thence S 24 degrees 06 minutes W 100.0 feet
along said right of way; thence S 22 degrees 01 minute W 100.0 feet along said right of way; thence S 19
degrees 02 minutes W 100.0 feet along said right of way; thence S 13 degrees 17 minutes W 99.9 feet along
said right of way; thence S 10 degrees 43 minutes W 100.0 feet along said right of way; thence S 06 degrees
57 minutes W 100.1 feet along said right of way; thence S 01 degree 05 minutes W 167.4 feet along said right
of way; thence S68 degrees 34 minutes E 434.1 feet; thence N 67 degrees 26 minutes E 299.9 feet; thence S
74 degrees 14 minutes E 223.3 feet; thence N 88 degrees 41 E 310.7 feet; thence S 01 degree 42 minutes E
490.0 feet; thence N 89 degrees 04 minutes E 2613.7 feet; thence N 02.degrees 30 minutes W 1391.47 feet;
thence N 00 degrees 25minutes W 1275.9 feet to the point of beginning, containing 185.7 acres, more or less.
PERMANENT ACCESS AND UTILITY EASEMENT DESCRIPTION:
A part of the NW% of the SWY4 of Section 12, Township 16 North, Range 30 West and being more particularly
described as follows: Beginning at the NE corner of Lot 23 in Hyland Park Subdivision - Phase 2 to the City of
Fayetteville as recorded on Plat Record 6-625, thence along the North line of said Subdivision North 89°39'
West 529.99 feet; thence leaving said North line North 0°09' East 54.01 feet to a point on the South line of Lot
7 of John Smyth Addition to the City of Fayetteville as recorded on Plat Record 3-401; thence along said South
line South 89°39' East 180.00 feet to the Southeast corner of said Lot 7, said point also being the Southwest
corner of Lot 40 of Sherwood Forest Estates to the City of Fayetteville as Recorded on Plat Record 3-452;
thence along the South line of said Lot 40 South 89°39' East 350.00 feet to a point on the West right of way
line of Canterbury Road; thence along said West right of way line South 0°09'24" West 54.01 feet to the point
of beginning, containing 0.66 acres, more or less. Also a 30 foot permanent construction easement along the
West side of the above described permanent access and utility easement.
Grantees shall take such steps to ensure that neighboring properties are properly buffered. Grantees shall
take the necessary steps so that existing trees and shrubs are preserved to the maximum extent possible.
Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the
rights herein granted.
TO HAVE AND TO HOLD unto said Grantees, their heirs, successors and assigns, for the uses and purposes
hereinabove set forth.
The Grantor agrees not to erect any permanent buildings or structures in said access easement area.
The consideration first above recited as being paid to Grantors by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to
'make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of 'Ulv b • , 2009.
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 James E. Lindsey and Nita V. Lindsey, to me well known as the
President and Secretary of Hyland Park, Inc. and are the person(s) 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 26 fit" day of ,u n e
MY COMMISSION EXPIRES:
12 11 1 2013
, 2009.
OFFICIAL SEAL
LACEY C.YARBROUG1
NOTARY PUBLIC- ARKANSAS
WASHINGTON COUNTY
M1 COMM. EXPIRES 12 I r 21:ia
I, Bette Stamps, Circuit Clerk and Ex -officio ii°corder
for Washington County, Arkansas, do hereby certify
that this instrument was filed for record in my office as
Indicated hereon and the same is now duly recorded
with the acknowledgement and certificate thereon
in Record Book and Page as indicated thereon.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the seat of said Court on the date indi-
cated hereon.
Bette Stamps
Circuit Clerk and Ex -officio Recorder
by
•
This release prepared by:
Metropolitan National Bank
P.O. Box 8010
Little Rock, AR 72203
#115107003
Date: June 26, 2009
11111111111111111111111111111111111111 11111111 IIflhIIO IIll
a
Doc ID: 012941030003 Type. REL
Kind PARTIAL RELEASE
Recorded: 06/29/2009 at 11:10:54 ACI
Fee Amt: $85.00 Paae 1 of 3
Washtnaton County. AR
Bette Stamps Circuit Clerk
F1102009-00020456
PARTIAL SATISFACTION OF MORTGAGE
ASSIGNMENT OF RENTS
THAT CERTAIN MORTGAGE owned by the undersigned, a Corporation under the laws of Arkansas,
originally executed by Bob L. Gaddy, in the original principal amount of $2,500,000.00, recorded October
30, 2003 at document No. 2003-56909 of the records of the Washington County Circuit Clerk and
Recorder. This Mortgage was modified to increase the amount to $3,060,000.00 in an instrument filed
April 18, 2006, at Document No. 2006-15414 of said records. This Mortgage was assumed by Lovers
Lane, LLC, and modified to increase the amount to $3,200,000.00 in instruments fled June 26, 2007 at
document Nos. 2007-24418 and 2007-24419 of said records. And, THAT CERTAIN ASSIGNMENT OF
RENTS owned by the undersigned, a Corporation under the laws of Arkansas, dated June 21, 2007
executed by Lovers Lane, LLC as Mortgagor, to Metropolitan National Bank as Mortgagee, and filed for
record June 26, 2007 as Instrument Number 2007-00024420 in the Office of the Recorder (Registrar) of
Washington County, Arkansas, all being in favor of Metropolitan National Bank, in consideration of
indebtedness secured by the Mortgage and Mortgage Modifications having been paid in part, acknowledges
partial satisfaction of the Mortgage and Modifications and releases from the stated Mortgages and
Modifications of said Mortgages that part of the Property described, is paid in part and satisfied.
SEE ATTACHED EXHIBIT "A"
Metropolitan Natio
By
Mark Marks,
By
Chip Bla'chard, Vice President
om. Loan • ffi ' r
(page 2 of 3)
ACKNOWLEDGEMENT
State of Arkansas
County of Pulaski
On this 26" day of June 2009 before me, a notary public, the undersigned officer, personally appeared
Mark Marks and Chip B1anchard3 who acknowledged themselves to be the Officers of Metropolitan
National Bagk, a Corporation, and that they, as such Officers, being authorized to do so, executed the
foregoing instrument for the purposes therein contained, by signing the name of the corporation by
themselves as Officers_
In witness thereof 1 hereunto set my hand and official seal.
THIS INSTRUMENT PREPARED gik,';y,t+u"riij"", t'Cliata4
METROPOLITAN NATIONA ���` '4°0.944\
,`it. E -Ira p ry
N Public
_ NOTARY
r,�y puBL.IC ' a
File Number: 200900020456 Page 2 of 3
Book Paae . rile Number 2009-00020456
(Page 3 of '3)
EXHIBIT "A"
Part of Lot 7 in John Smyth Addition to the City of Fayetteville, Arkansas, being
more particularly described as follows: Beginning at the Southeast corner of said Lot
7, thence along the South line of said Lot 7 North 89°39'00" West 180.00 feta;
thence leaving said South line North 00°09'00" East 160.00 feet; thence South
89°39100" East 180.00 fees to n point on the East line of said Lot 7; them along said
East line South 00°09'00" West 160.00 feet to the Point of Beginning, containing
0.66 ares, more or less.
Also a 30 Coot permanent construction and utility easement along the North and West
sides of the above described property, dcscr:ibeti as follows: Ae)nniing at the
Southwest corner of the above described property North 89°39'00" West 30.00 feet,
thence North 00°04'00" East 190.00 feet, thence South 89°39'00" Eut 210.00 feet,
thence South 00°09'00" West 30.00 feet, thcx1ce North 89°39'00" West 180.00 Feet,
thence South 00°09'00" West 160.00 feet to the Point of Beginning.
File Number: 200900020456 Page 3 of 3
Book . Paae . File Number 2009-00020456
11
ilii
RICHARD L. MILLER
Policy Issuing Agent for:
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
2013 N. Green Acres Rd., Suite 13
P.O. Box 3354
Fayetteville, AR 72702
Hill
Telephone (479) 521-6288 Fax (479) 521-3863
June ZC , 2009
ARKANSAS TITLE INSURANCE COMPANY
NOTICE OF AVAILABILITY OF CLOSING PROTECTION COVERAGE
Lovers Lane, LLC, to the City of Fayetteville, AR Transaction
Regarding transaction of the real property located at:
zi Yatz-
Please be advised that, pursuant to Arkansas Code Annotated § 23-103-405 and Rule 87 of the
Arkansas Insurance Department, provided that you are an insured under a title insurance policy
issued by an Arkansas Title Insurance Company with respect to the transaction contemplated herein,
you are entitled to closing protection coverage for the contemplated transaction at a cost of $25.00.
Closing Protection Coverage allows, subject to the conditions and exclusions contained in the
closing protection letter, for indemnification against the following:
1. Failure of the closing/title agent named below to comply with your written closing
instructions to the extent that they relate to (a) the status of the title to that interest in land or the
validity, enforceability and priority of the lien of the mortgage on that interest in land, including the
obtaining of documents and the disbursement of funds necessary to establish the status of title or
lien, or (b) the obtaining of any other document, specifically required by you, but only to the extent
the failure to obtain the other document affects the status of the title to that interest in the land or the
validity, enforceability and priority of the lien of the mortgage on that interest in land, and not to the
extent that your instructions require a determination of the validity, enforceability, or the
effectiveness of the other document, or
2. Fraud, dishonesty or negligence of the closing/title agent named below in handling your
funds or documents in connection with the closing to the extent that fraud, dishonesty or negligence
relates to the status of the title to that interest in land or to the validity, enforceability, and priority of
the lien of the mortgage on that interest in land.
A copy of the closing protection letter may be obtained upon request from the closing/title agent
providing this notice.
Miller Law Offices
Being notified of the availability and cost of Closing Protection Coverage:
1/We do request such coverage.
I/We do not request such coverage.
14,
Signed this ZG day of June, 2009
Lovers Lane, LLC
By
Gary
, anager
Being notified of the availability and cost of Closing Protection Coverage:
I/We do request such coverage.
.>< I/We do not request such coverage.
Signed this o� 6 day of June, 2009
City of Fayet eville, AR
B
Li.neld Jori. 7 ayor
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
Issued by
First American Title Insurance Company
First American Title Insurance Company, a California corporation ("Company"), for a valuable consideration, commits
to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in
Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon
payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of
Schedules A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or
policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or
when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the
policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF, First American Title Insurance Company has caused its corporate name and seal to be
affixed by its duly authorized officers on the date shown in Schedule A.
First Am
BY:
Attest:
IC
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Title Insi.rance Company
dif .`�
,
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PRESI
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COUNTERSIGNED BY:
41003000006 (2/07)
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325.09
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.- SLPUEMBER 24.
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Page 1 of 2
11
II
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Commitment Date: June 17, 2009, at 7:00 A.M.
III
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4. -
Commitment
*+
Commitment No. R0750
2. Policy (or Policies) to be issued: Policy Amount:
(a) ALTA Owner's Policy X $200,000.00
Proposed Insured:
City of Fayetteville, AR.
(b) ALTA Loan Policy
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein
is a fee simple estate.
4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in:
Lovers Lane, LLC, an Arkansas limited liability company.
5. The land referred to in this commitment is described in Schedule C.
Please read the exceptions and the terms shown or referred to herein carefully. The
exceptions are meant to provide you with notice of matters that are not covered under the
terms of the title insurance policy and should be carefully considered.
This report is a written representation as to the condition of title for purposes of
providing title insurance and lists all liens, defects, and encumbrances affecting title to the land
that are filed of record. No title insurance agent or any other person other than a licensed
Arkansas attorney may provide legal advice concerning the status of title to the property
described in the title commitment.
Page 1 of 4
SCHEDULE B — SECTION I
REQUIREMENTS
The following are the requirements to be complied with:
(a) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
(b) Pay us the premiums, fees and charges for the policy.
(c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured
must be signed, delivered, and recorded:
1. Obtain and record a Warranty Deed, without intervening rights, from Lovers Lane, LLC,
to the City of Fayetteville, AR, with the legal description being the same as described in Schedule C.
2. Obtain and record a release of the Mortgage in favor of Metropolitan National Bank,
originally executed by Bob L. Gaddy, in the original principal amount of $2,500,000.00, recorded
October 30, 2003, at Document No. 2003-56909 of the records of the Washington County Circuit
Clerk and Recorder. This Mortgage was modified to increase the amount to $3,060,000.00 in an
instrument filed April 18, 2006, at Document No. 2006-15414 of said records. This Mortgage was
assumed by Lovers Lane, LLC, and modified to increase the amount to $3,200,000.00 in instruments
filed June 26, 2007, at Document Nos. 2007-24418 and 2007-24419 of said records.
3. Obtain and record a release of the Assignment of Rents and Leases in favor of
Metropolitan National Bank, recorded June 26, 2007, at Document No. 2007-24420 of the records of
the Washington County Circuit Clerk and Recorder.
4. The 2008 real estate taxes on Parcel #765-07157-000 must be paid in the amount of
$12,889.42.
5. Provide an instrument demonstrating good standing of Lovers Lane, LLC, to do business
in Arkansas and an instrument executed by its members, setting forth the authority of those to act on
its behalf in order to complete the proposed transaction and execute all closing documents and
documents to be insured.
6. Obtain a Seller's Affidavit and a Closing Certification at closing.
(d) You must tell us in writing the name of anyone not referred to in this commitment who will get
an interest in the land or who will make a loan on the land. We may make additional requirements or
exceptions relating to the interest or the loan.
Page 2 of 4
SCHEDULE B — SECTION lI
EXCEPTIONS
Any policy we issue will have the following exceptions unless they are taken care of to our
satisfaction.
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in
the public records or attaching subsequent to the effective date hereof but prior to the date the
Proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by
this Commitment.
2. Any discrepancies or conflicts in boundary lines, any shortages in area, or any encroachment or
overlapping of improvements.
3. Any facts, rights, interests or claims which are not shown by the public record but which could be
ascertained by an accurate survey of the land or by making inquiry of persons in possession thereof.
4. Easements, liens or encumbrances or claims thereof, which are not shown by the public record.
S. Any lien or right to lien for services, labor or material imposed by law and not shown by the
public record.
6. All assessments and taxes due in 2009, and thereafter.
7. Taxes or assessments which are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the public record. Proceedings by a public
agency which may result in taxes or assessments, or notice of such proceedings, whether or not
shown by the records of such agency or the public record.
8. Loss arising from security interest evidenced by financing statements filed of record as of the
effective date hereof, under the Arkansas Uniform Commercial Code and Judgment liens and other
liens of record in any United States District Court or Bankruptcy Court in the State of Arkansas, as of
the effective date herein.
9. All right, title and interest in and to all of the oil, gas and other minerals, and other components of
the mineral estate, together with all rights, easements and privileges relating thereto. The purpose of
this exception is to limit policy coverage to the surface estate only and to exclude policy coverage for
all right, title and interest of any persons, and/or the public, and/or entities, and/or governments, in
and to all of the oil, gas, minerals and other elements which do not constitute a part of the surface
estate. It is the further purpose of this exception to exclude coverage for all rights, privileges,
whether recorded or unrecorded, relating to the mineral estate including, but not limited to, items
such as: mineral leases, transfers of mineral interests, mineral conveyances or reservations, royalty
conveyances or reservations, pooling agreements, unit designations, royalty interests, royalties,
bonuses, mineral estate rentals, delay rentals and ingress/egress for mineral production or
Page 3 of 4
transportation purposes. It is also the purpose of this exception to exclude from coverage any
recorded or unrecorded easements and/or rights of way which are owned or held by any lessee or
mineral estate interest owner, on, over, across or under the land described on Schedule "A" for the
purpose of producing or transporting any of the minerals and/or mineral interests excepted from
policy coverage hereunder.
10. Loss arising from any utility or right of way easement, active leasehold, mineral conveyance, or
any ingress or egress rights thereof.
11. The policy, when issued, will not insure as to the amount of acreage contained within the
described boundaries of the insured premises. Any mention of acreage amounts is done so for
descriptive purposes only.
12. Loss arising, if any, from restrictions in the Plat and Protective Covenants of John Smyth
Addition in the City of Fayetteville, on file in the office of the Circuit Clerk and Ex -Officio Recorder
of Washington County, Arkansas.
13. Loss arising, if any, from restrictions in the Warranty Deed from Lovers Lane, LLC, to the City
of Fayetteville, Arkansas, to be filed in the office of the Circuit Clerk and Ex -Officio Recorder of
Washington County, Arkansas.
SCHEDULE C
Commitment No. R0750
The land in this policy is situated in the State of Arkansas, County of Washington, and is
described as follows:
Part of Lot 7 in John Smyth Addition to the City of Fayetteville, Arkansas, being
more particularly described as follows: Beginning at the Southeast corner of said Lot
7, thence along the South line of said Lot 7 North 89°39'00" West 180.00 feet;
thence leaving said South line North 00°09'00" East 160.00 feet; thence South
89°39'00" East 180.00 feet to a point on the East line of said Lot 7; thence along said
East line South 00°0900" West 160.00 feet to the Point of Beginning, containing
0.66 acres, more or less.
Also a 30 foot permanent construction and utility easement along the North and West
sides of the above described property, described as follows: Beginning at the
Southwest corner of the above described property North 89°39'00" West 30.00 feet,
thence North 00°09'00" East 190.00 feet, thence South 89°39'00" East 210.00 feet,
thence South 00°09'00" West 30.00 feet, thence North 89°39'00" West 180.00 feet,
thence South 00°09'00" West 160.00 feet to the Point of Beginning.
Page 4 of 4
�45� ^MER,eQ
The' First' American Corporation
First American 2`itle Insurance Company
Privacy Policy
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We
understand that you may be concerned about what we will do with such information -- particularly any personal or financial
information. We agree that you have a right to know how we will utilize the personal information you provide to us.
Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern
the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we
may use information we have obtained from any other source, such as information obtained .from a public record or from
another person or entity. First American has also adopted broader guidelines that govern our use of personal information
regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on
our website at www.firstamcom.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect
include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in
person, by telephone or any other means;
Information about your transactions with us, our affiliated companies, or others; and
Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product
or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely,
including the period after which any customer relationship has ceased. Such information may be used for any internal
purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal
information listed above to one or more of our affiliated companies. Such affiliated companies include financial service
providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies
involved in real estate services, such as appraisal companies, borne warranty companies, and escrow companies.
Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing
services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated
companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access
to nonpublic personal information about you to those individuals and entities who need to know that information to provide
products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your
information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information
Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard
your nonpublic personal information.
Ct 2001 The First American Corporation - All Rights Reserved
CONDITIONS
The term mortgage, when used herein, shall include deed of trust, trust deed, or other security
instrument.
If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse
claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment
other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company
in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of
reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the
proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires
actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at
its option may amend Schedule B of this Commitment accordingly, but such amendment shall not
relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only
for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the
requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the
estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability
exceed the amount stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of
the form of policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as expressly modified herein.
This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title
or a report of the condition of title. Any action or actions or rights of action that the proposed Insured
may have or may bring against the Company arising out of the status of the title to the estate or interest
or the status of the mortgage thereon covered by this Commitment must be based on and are subject to
the provisions of this Commitment.
The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than
the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. if
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
41-003-06-500 (06/06)
Page 2 of 2
765-06751-000
Hyland Park Water Tower
QUITCLAIM DEED
BE IT KNOWN BY THESE PRESENTS:
THAT The City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called GRANTOR, for and in consideration of
the sum of Seventy -Five Thousand Dollars ($75,000.00) and other good
and valuable consideration, the receipt of which is hereby acknowledged,
do hereby grant, convey and quitclaim unto Jim Waselues and Donna
Waselues, husband and wife, hereinafter called GRANTEES, and unto
Grantees' successors and assigns, all of the City of Fayetteville's right,
title and interest, if any, in and to the following described land situated in
the County of Washington, State of Arkansas, to -wit:
Lot Twenty-two (22), Block Five (5) of Hyland Park, Phase II per the plat of said Subdivision on file in the office
of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas.
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantees and
Grantees' successors and assigns, forever.
WITNESS the execution hereof on this day of June, 2009.
• Paz
FAYETTEVILLE:
Z
-.y •.9 5.. Smith, City Clerk
STATE OF ARKANSAS
COUNTY OF WASHINGTON
CITY OF FAYETTEVILLE, ARKANSAS
A MuiEipal Corporation
C
By:
ACKNOWLEDGMENT
$s.
[SEAL]
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 Lioneld Jordan and Sondra Smith, to me well
known as the persons who executed the foregoing document, and who stated and acknowledged that they are the
Mayor and City Clerk, respectively, of the City of Fayetteville, Arkansas, a Municipal Corporation, and are duly
authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said
corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for
the consideration, uses and purposes t I IP 3ioned and set forth.
WITNESS my hand and sed>��y of June, 2009.
MY COMMISSION EXPIRES:
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Miller Law Of'f'ices
2013 N. Green Acres Rd., Suite B
P.O. Box 3354 • Fayetteville, AR 72702
Richard L. Miller
C. Brett Miller
John R. Lineberger, Of Counsel
CLOSING CERTIFICATION
Telephone (479) 521-6288
Fax (479) 521-3863
RE: File No, R0750
Lovers Lane, LLC to City of Fayetteville, AR Transaction
Property located at: P6 �j 7 Qs 1 s-... .� , 4€
We, the undersigned, hereby state that we are the parties with respect to the transaction referenced
above and therefore make the following certifications, where applicable.
Property Tax Prorations
We, the undersigned Buyer(s) and Seller(s) of the above referenced property, acknowledge that
Miller Law Offices, as closing agent for the transaction has prorated 2008 real estate taxes between
the Buyer(s) and the Seller(s) based on information obtained from the Assessor's/Collector's office
in the county in which the subject property is located, and said information available at the time of
closing of the transaction was only an ESTIMATE of the taxes for the parcel of real property. The
prorations amount WILL reflect any credits the Seller(s) would have received on the current tax
assessment. Buyer(s) and Seller(s) acknowledge that Miller Law Offices has full discretion to
prorate the real estate taxes for the 2008 tax year and has elected to base the prorations on an
estimated tax amount. Should there be any discrepancy in the amount of estimated taxes prorated
and the actual amount of 2008 taxes that become due, both the Buyer(s) and Seller(s) agree to hold
Miller Law Offices harmless from any claims or demands from themselves or any lending institution
or other entity for the payment of said taxes.
Buyer(s) acknowledge that Buyer(s) are responsible for contacting the county taxing authority for the
purpose of applying for and receiving any credit for which they may be entitled.
Buyer(s) further acknowledge that Buyer(s) are responsible for and should receive a tax bill in March
2009, for the entire 2008 year. If for some reason Buyer(s) do not receive a bill, Buyer(s) will take
the responsibility to obtain the bill from the county taxing authority and to pay the 2008 real estate
taxes when due and payable. The Buyer(s) and Seller(s) further agree to make a pro -rata payment of
said taxes based on the same percentage reflected in their respective closing statements regarding the
transaction when advised by either party that the funds collected at closing for the payment of said
taxes were not sufficient to pay same.
Miller Law Offices WILL NOT be responsible or liable to the undersigned for any discrepancies
and/or adjustments concerning the taxes on the property that are generated by the taxing authorities.
Title Insurance Affidavit
The undersigned, where applicable, hereby affirm they have received a copy of the Title Insurance
Commitment and are aware of the matters contained therein.
Survey Waiver
The undersigned affirm and acknowledge they will not receive, unless previously agreed, a survey of
the property, and further will have no coverages or protection on their title policy with respect to
matters that would have been disclosed on a proper survey of the property. It is the responsibility of
the undersigned to request such coverages, including but not limited to survey matters, directly from
the Title Insurance issuing Agent prior to the closing, and be responsible for any additional charges.
Page 1 of 2
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away: £oue►uaoQ
A. Settlement Statement U.S. Department of Housing
and Urban Development
OMB No. 2502-0265
B. Type of Loan
1. ❑ FHA 2. ❑ FmHA 3. 181 Cony Units 6. File Number 7. Loan Number 8. Mortgage Ins Case Number
4. ❑ VA 5. 0 Conv Ins. 6. ❑ Seller Finance R0750
C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked
o.c. " were paid outside the closing; theyare shown here for informational purposes and are not included in the totals.
D. Name & Address of Buyer E. Name & Address of Seller F. Name & Address of Lender
City of Fayetteville, AR Lovers Lane, LLC None
113 W. Mountain, Suite 302 1695 Electric Ave.
Fayetteville, AR 72701 Springdale, AR 72764
ll)#26-039086
G. Property Location H. Settlement Agent Name
Richard L. Miller, Attorney
Pt. Lot 7, John Smyth Addition, P.O. Box 3354
City of Fayetteville, AR; 0.66 acres Fayetteville, AR 72702
Place of Settlement ' I. Settlement C
Old Republic National Tide Company
2013 N. Green Acres Rd., Suite B June 26, 2009
Fayetteville, AR 72703
J. Summary of Borrower's Transaction K. Summary of Seller's Transaction
100. Gross Amount Due from Borrower 400. Gross Amount Due to Seller
101. Contract Sales Price
$200,000.00
401. Contract Sales Price
$200,000.00
102. Personal Properly
402. Personal Property
103. Settlement Charges to borrower (line 1400)
$495.00
403.
104.
404.
105.
405.
Adjustments for items paid by seller in advance
Adjustments for items paid by seller in advance
106. City property taxes
406. City property taxes
107. County property taxes
407. County property taxes
108. Assessment Taxes
408. Assessment Taxes
109. POA Dues
409. POA Dues
110. Rent Proration
410. Rent Proration
111. Other Taxes
411. Other Taxes
112.
412.
113.
413.
114.
414.
115.
415.
116.
416,
120. Gross Amount Due From Borrower
$200,495.00
420. Gross Amount Due to Seller
$200,000.00
200. Amounts Paid By Or in Behalf Of Borrower
500. Reductions in Amount Due to Seller
201. Deposit or earnest money
$1,000.00
501. Excess Deposit
202. Principal amount of new loan(s)
502. Settlement Charges to Seller (line 1400)
$1,080.00
203. Existing loan(s) taken subject to
503. Existing Loan(s) Taken Subject to
204. Commitment fee
504. Paydown of first mortgage loan — Metropolitan Bank
$72,920.00
205.
505. Payoff of second mortgage loan
206.
506. Earnest money received
$1,000.00
207.
507.
208. Donation From Seller
$125,000.00
508. Donation From Seller
$125,000.00
209.
509.
Adjustments for items unpaid by seller
Adjustments for items unpaid by seller
210. City property taxes
510. City property taxes
211. County property taxes
511. County property taxes
212. Assessment Taxes
512. Assessment Taxes
213. POA Dues
513. POA Dues
214. Rent Proration
514, Rent Proration
2t5. Other Taxes
515. Other Taxes
216.
516.
217.
517.
218.
518.
219.
519.
220. Total Paid By/For Borrower
$126,000.00
520. Total Reduction Amount Due Seller
$200,0OO.00
300. Cash At Settlement From/To Borrower
600. Cash At Settlement To/From. Seller
301. Gross Amount due from borrower (line 120)
$200,495.00
601. Gross Amount due to seller (line 420)
$200,000.00
302. less amounts paid by/for borrower (line 220)
$126,000.00
602. Less reductions in amt. due seller (line 320)
$200,000.00
303. Cash From Borrower
$74,495.00
603. Cash To Seller
$0.00
Section 5 of the Real Estate Settlement Procedures Act (RESPA) requires the
following: • HUD must develop a Special Information Booklet to help persons
borrowing money to finance the purchase of residential real estate to better
understand the nature and costs of real estate settlement services;
• Each lender must provide the booklet to all applicants from whom it receives
or for whom it prepares a written application to borrow money to finance the
purchase of residential real estate; • Lenders must prepare and distribute with
the Booklet a Good Faith Estimate of the settlement costs that the borrower is
likely to incur in connection with the settlement. These disclosures are
mandatory.
Section 4(a) of RESPA mandates that HUD develop and prescribe this standard
form to be used at the time of loan settlement to provide full disclosure of all
charges imposed upon the borrower and seller. These are third party disclosures
that are designed to provide the borrower with pertinent information during the
settlement process in order to be a better shopper.
The Public Reporting Burden for this collection of information is estimated to
average one hour per response, including the time for reviewing instructions
searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information.
This agency may not collect this information, and you are not required to
complete this form, unless it displays a currently valid OMB control number.
The information requested does not lend itself to confidentiality.
Previous Editions are Obsolete
Page t
form HUD -1 (3/86)
U/, Q ,ndbook4305.2
L. Settlement (: harges
700. Total Saler'Brrrker Commission based on price
Ohs ision it) ("canal.sion l tine 710FF as Irllcw.:
'0] to
'(If. Commission Paid at Seiikrncnt
Li,
_
P t d Pram
Borrowers
F -ands al
Settlement j
[Lost Drum
Sellers
lends at
Se0leorcnt
"t14. hooker Fcc Io
00)). Items ('arable in Connection with loran
BSI)). I cur Urieirl al l on tee r to
SII_'. I non Discount ° to
SI)f. \ppr;ll4al Fee tit
5)I. (7cd,t Report to
'II),. Lender's Inspccion Fcc to
SO), AIortguee Insurance Application to
.till?. F inure Rcicas,, I hr
5115. F Food l-crtiticatin o ice to
.409. l `.is .Stn ice I cc' to
S 10. F - ndcn. riling Fcc tit
OF I. ['icier', ng Fee to
900. Items Required Ii) Lender To Be Paid in Advance
901. Interest From Io (n ;day
90'_. hhmgage Insurance Premium Ior months to
,)0?. Haoard Insu ,mce Premium for pours to
1000. Rescrses Deposited With Lender
111))1. I laiard insurance months (u
per month
100'_. ALmgugc ,nwrurcc months la
per month
IUIS' Cits prnperts lases months a
per month
1004. C'omus property Cues months (u
per month
I )lh Assessment Tries rionths nr
per month
11106_ '1)0 Uucs months rn
per month
1007. Apercirate Adjustment
11111). 'Title ('hares
1 II)]. Setlement closing Ice Io Miller law Oflces
$150.09
$151(00
1 l 0_. Rua•ssing and h:uullnig Fee to Miller Law Offices
$50.11))
550.00
1103. I itte eyanrinat,on to
1 I1)4_ fiile insurance hurler to
1)0' 1)ucunrenl prnp;tr.Iti nn to %tiller law Offices
$25.00
$25.00
11o" ISs Report n,
1 117 Altorncs• s tees to Miller law Offices
$2511.111)
meludos abase items numhcns
110,1 ((iii Republic National I itle Insur.utce ( onipans
$0550))
ncludcs ;chose heats numbers:
1109. I enders co, c ,g, $
1111). (timer's cm crags $210),1)00.00
[III, (auger Fcc to
12110, (,ncernment Recording and 1 ransler Charges
11. Recording Fees U,,,) S olri _ Mena cc 5 ru W achinglan
(•ounty I it ait ('lurk
S21k110
I' Mils counts tats "!:mops IS I it naiL
'll e. \lilts la\ stamps Iii J j --�
1
1'01. kccnrd Fcrtilica0un ut F rust to
I_'05. 'I)INR Read I state lhscs 4 to
130)1. Additional Settlement Charges
I?Ill Suns" to
I 011 Test Inspection to
01)0 Split Approctl to
I' 4 Ilomc Inspectimr to
i0'. Septic SOd1 Inspection to
140)4. 'I'irtal Settlement ('harper tenter on lines 103, Section J and 502, Section KI
$495.00
$1,)100.09
I hacc e rclallc resiccccd he 11C 1)-I Settlement Statement and to the ticsl of hits
di,hunemtnls made an s account or hV sr in this trmsncuon. I lunhcr cenlfy
Statrntrnl. � .
Buser
Ctts o .issue ills AR_ hs -ioncl Jar n. ]lacor
Li' i i i I'S)! NI AG) NI) )'k111'1( A I I(10
tIre IFl I) -I Setlement Statcnrcnt which I h;tve prepared is stint and; ccuralc
account of this transaelinn- I hose caused the funds to he clishursed in
ac e with Ibis btincmcnt.
Sclticmcit! 'sec ii I); to
Rtrios ledge and hclicl. it is a true and accurate srncment of all recciptc and
that I hacc recd, cd n mph. c v,p) of pages 1.2 and hut this I IL D -I Sciticmcnt
TT:.
_ ;an Lambs. %tanager
Warning: It is a crime to knowingly make F;rlsc statemcnisic, the U oiled Scots on
Ihis or him= usher similar form. I's nahies upon consiction C;u1 Inc ludo a fine and
unpri sonment. 1 ur dct,rits sec -1 i0c I F 1:. 5. Code Section 11111 and Section Ill
I"e, ons Il ]itinns are Uhsulctc foes'_ term IIUD•1 1386)
I iandhook 1,0 bed
r0 6 -C?
HYLAV'C) PARK WATER TOWER
PERMANENT ACCESS AND UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Hyland Park, Inc., hereinafter called GRANTOR, 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,
SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called GRANTEE, and unto Grantee's successors and
assigns, a permanent easement for ingress, egress and access, construction,
maintenance, repair and/or replacement, enlargement and operations of roadway,
drainage, and general utilities including water and/or sanitary sewer pipe line or lines,
manholes, natural gas, electrical power, telephone, fiber optic cable(s) and television
communication line or lines, and appurtenances thereto, on over, across, and under
purposes in, on, over, and across the following described land situated in the County of
Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Warranty Deed 862-919)
IIII ill (IIII VIII VIII lull VIII VIII VIII VIII VIII IIO1II IIIIII
Doc ID: 012955690002 Type: REL
Kind: EASEMENT
Recorded: 07/07/2009 at 09:11:12 AM
Fee Amt: $20.00 Paae I of 2
Washington County. AR
Bette 8tamos Circuit Clerk
File2009-00021604
The SW% of Section 12 and a Part of the EMS of the SE% of Section 11, all in Township 16 North, Range 30
West, Washington County, Arkansas; more particularly described as follows Beginning at the NE corner of
said Section 12; thence S 88 degrees 38 minutes W 713.2 feet; thence S 88 degrees 30 minutes W 561.7
feet; thence S88 degrees 31 minutes W 1347.6 feet; thence S 01 degrees 42 minutes E 1082.5 feet; thence
S 88 degrees 13 minutes W 921.4 feet to the easterly right-of-way of Arkansas State Highway 265; thence S
24 degrees 26 minutes W 207.5 feet along said right of way; thence S 24 degrees 06 minutes W 100.0 feet
along said right of way; thence S 22 degrees 01 minute W 100.0 feet along said right of way; thence S 19
degrees 02 minutes W 100.0 feet along said right of way; thence S 13 degrees 17 minutes W 99.9 feet along
said right of way; thence S 10 degrees 43 minutes W 100.0 feet along said right of way; thence S 06 degrees
57 minutes W 100.1 feet along said right of way; thence S 01 degree 05 minutes W 167.4 feet along said right
of way; thence S68 degrees 34 minutes E 434.1 feet; thence N.67 degrees 26 minutes E 299.9 feet; thence S
74 degrees 14 minutes E 223.3 feet; thence N 88 degrees 41 E 310.7 feet; thence S0I degree 42 minutes E
490.0 feet; thence N 89 degrees 04 minutes E 2613.7 feet; thence N 02 -degrees 30 minutesW 1391.47 feet;
thence N 00 degrees 25minutes W 1275.9 feet to the point of beginning, containing 185.7 acres, more or less.
PERMANENT ACCESS AND UTILITY EASEMENT DESCRIPTION:
A part of the NWY4 of the SWY of Section 12, Township 16 North, Range 30 West and being more particularly
described as follows: Beginning at the NE corner of Lot 23 in Hyland Park Subdivision — Phase 2 to the City of
Fayetteville as recorded on Plat Record 6-625, thence along the North line of said Subdivision North 89°39'
West 529.99 feet; thence leaving said North line North 0°09' East 54.01 feet to a point on the South line of Lot
7 of John Smyth Addition to the City of Fayetteville as recorded on Plat Record 3-401; thence along said South
line South 89°39' East 180.00 feet to the Southeast corner of said Lot 7, said point also being the Southwest
corner of Lot 40 of Sherwood Forest Estates to the City of Fayetteville as Recorded on Plat Record 3-452;
thence along, the South line of said Lot 40 South 89°39' East 350.00 feet to a point on the West right of way
line of Canterbury Road; thence along said West right of way line South 0°09'24" West 54.01 feet to the point
of beginning, containing 0.66 acres, more or less. Also a 30 foot permanent construction easement alon he
West side of the above described permanent access and utility easement.
Grantees shall take such steps to ensure that neighboring properties are properly buffered. Grantees shall
take the necessary steps so that existing trees and shrubs are preserved to the maximum extent possible.
Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the
rights herein granted.
TO HAVE AND TO HOLD unto said Grantees, their heirs, successors and assigns, for the uses and purposes
hereinabove set forth.
The Grantor agrees not to erect any permanent buildings or structures in said access easement area.
The consideration first above recited as being paid to Grantors by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this -document in behalf of the Grantee is without authority to
make any covenant or agreement not herein expressed. —
WITNESS the execution hereof on this the day of �Ui� b 2009.
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss.
COUNTY OF WASHINGTON )
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Publicwithin
and for said County and State, personally appeared James E. Lindsey and Nita V. Lindsey, to me well known as the
President and Secretary of Hyland Park, Inc. and are the person(s) 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 26 fi11 day of 1A VI e , 2009.
MY COMMISSION EXPIRES:
12111 2013 Notary Publi
OFFICIAL SEAL
LACEY C. YARBROUGH
NOTARY PUBLIC- ARIAI$P
WASHINGTON COUNT
Y'COMM. EXP RES 12 f 1 2 a'
I, Bette Stamps, Circuit Clerk and Ex -officio Recorder
for Washington County, Arkansas, do hereby certify
that this instrument was filed for record in my office as
indicated hereon and the same is now duly recorded
with the acknowledgement and certificate thereon
In Record Book and Page as indicated thereon.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the seal of said Court on the date indi-
cated hereon.
Bette Stamps
Circuit Clerk and Ex -officio Recorder
by
Hyland Park Water Tower
WARRANTY DEED
(Corporation)
BE IT KNOWN BY THESE PRESENTS:
THAT Lovers Lane, LLC, an Arkansas Limited Liability Company
hereinafter called GRANTOR, for and in consideration of the sum of
Seventy -Five Thousand Dollars ($75,000.00) in hand paid, plus other good
and valuable consideration, including a donation to the City from Lovers
Lane, LLC, the receipt of which is hereby acknowledged, does 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 Illliil llllli Ill VIII hill lllli VIII illll lull illll hill Illll Illll iilli llll Ilil
Doc ID: 012941020002 Type: REL
Kind: WARRANTY DEED
Recorded: 06/29/2009 at 11:08:33 AM
Fee Amt: $20.00 Paae 1 of 2
Washington County. AR
Bette Stamps Circuit Clerk
File2009-00020455
-&.OIko?
Part of Lot 7, John Smyth Addition to the City of Fayetteville, described as beginning at the
Southeast corner of said Lot 7 North 89°39' West 180 feet; thence leaving said South line
North 0°09 East 160 feet; thence South 89°39' East 180 feet to a point on the East line of
said Lot 7; thence along said East line South 0°09' West 160 feet to the Point of Beginning,
containing 0.66 acres, more or less.
Also a 30 -foot permanent construction and utility easement along the North, and West sides
of the above described property, described as follows: Beginning at the Southwest comer of
the above described property North 89°39'00" West 30.00 feet, thence North 00°09'00" East
190.00 feet, thence South 89°39'00" East 210.00 feet, thence South 00°09'00" West 30.00
feet, thence North 89°39'00" West 180.00 feet, thence South 00°09'00 West 160.00 feet to
the Point of Beginning.
Use and Restrictions: The parcel and easement conveyed are for the purpose of constructing, operating
and maintaining a city water tower with all necessary accessory structures and facilities including, but not
limited to, the driveway, retaining walls, drainage control measures, water piping, electrical and communication
lines, the warning light on top of the tower and communication devices for governmental use. The easement
is also for any utilities that may need to be routed around the water tower site.
No cellular antennas shall be allowed or placed upon any structure within this parcel or the easement
and no cellular tower may be built upon any land or easement conveyed by this deed. This restriction
and prohibition of a cellular tower and cellular antennas is binding on any successors of Grantee and shall run
with the land.
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.
WITNESS the execution hereof on this 2 4 day of June, 2009.
Lovers Lane, LLC,
an Arkansas Limited Liability Company
ATTEST: By:
[SEAL]
S: c
ACKNOWLEDGMENT
STATE OF ARKANSAS
.ss
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting
Notary Public within and for said County and State, personally appeared Gary Combs and
to me well known as the persons who executed the foregoing
H� Is
document, and who stated and acknowledged that -they -the c
and _ respectively, of Lovers Lane, LLC, an Arkansas Limited Liability
Company, and are duly authorized in their respective capacities to execute the foregoing instrument for and
in the name and behalf of said corporation, and further stated and acknowledged that they had so signed,
executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set
forth.
WITNESS my hand and seal on this day of , 2009.
MY COMMISSION EXPIRES:
Jam• 3•��l(v Not blic
J RA H RGETT
NOTARY PUBLIC -STATE OF ARKANSAS
BENTON COUNTY
My Commission Expires 03-03-2016
Commission # 12347121
Washington County, AR
I certify this instrument was filed on
06/29/2009 11:08:33 AM
and recorded in Real Est
File Number 2009-00020 5
Bette Stamps - Circuit C
by