HomeMy WebLinkAbout201-19 RESOLUTIONof FarerrF
4qk AHSPS
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 201-19
File Number: 2019-042
SOUTH SCHOOL PROPERTY LAND SALE AGREEMENT:
A RESOLUTION TO APPROVE THE PURCHASE OF 1.76 ACRES OF PROPERTY LOCATED ON
SOUTH SCHOOL AVENUE FROM ROBERT AND VICKIE PARKER FOR THE AMOUNT OF
$180,000.00 FOR THE CONSTRUCTION OF A FIRE STATION, TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $9,000.00 TO COVER ALL ASSOCIATED CLOSING COSTS,
AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of
1.76 acres of property located on South School Avenue from Robert and Vickie Parker for the amount
of $180,000.00 for the construction of a Fayetteville Fire Station, and further approves a project
contingency in the amount of $9,000.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign the Land Sale Agreement, a copy of which is attached to this Resolution, as well as all other
documents necessary to effectuate the purchase authorized by this Resolution.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 9/3/2019
Page 1 Printed on 914119
File Number: 2019-0542
Resolution 201-19
Attest:
L'1�G�%Lc'ti
Sondra E. Smith, City Clerk Tr Y\
Y\
FAYE7-rEVILLE . %'L'=
Page 2 Printed on 914119
OF FFYEITF of
iText File
File
SI''KANS PS
Number:
Agenda Date: 9/3/2019
In Control: City Council Meeting
Agenda Number: C. 15
Version: 1
0
SOUTH SCHOOL PROPERTY LAND SALE AGREEMENT:
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Status: Passed
File Type: Resolution
A RESOLUTION TO APPROVE THE PURCHASE OF 1.76 ACRES OF PROPERTY LOCATED ON
SOUTH SCHOOL AVENUE FROM ROBERT AND VICKIE PARKER FOR THE AMOUNT OF
$180,000.00 FOR THE CONSTRUCTION OF A FIRE STATION, TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $9,000.00 TO COVER ALL ASSOCIATED CLOSING
COSTS, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of 1.76
acres of property located on South School Avenue from Robert and Vickie Parker for the amount of
$180,000.00 for the construction of a Fayetteville Fire Station, and further approves a project contingency in
the amount of $9,000. .
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign
the Land Sale Agreement, a copy of which is attached to this Resolution, as well as all other documents
necessary to effectuate the purchase authorized by this Resolution.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City o/Fayetteville, Arkansas Page 1 Printed on 9/4/2019
Brad Hardin
Submitted By
Added at Agenda Session 8/27/19
City of Fayetteville Staff Review Form
2019-0542
Legistar File ID
9/3/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/26/2019
Submitted Date
Action Recommendation:
Fire
Division / Department
A Resolution authorizing the purchase of 1.76 acres located on South School Avenue from Robert Parker, in the
amount of $180,000, plus 5% Contingency for the associated closing costs and taxes; and Approval of a Budget
Adjustment
Budget Impact:
4610.860.7109-5805.00 4610 - Fire Projects 2019 Bonds
Account Number
46100.7109.8050
Project Number
Fund
Fire Projects (2019 Bonds), Fire Station #9, Site
Acquisition
Project Title
Budgeted Item? Yes Current Budget
$ 10,588,135.00
Funds Obligated
$ 65,229.00
Current Balance
$ 10,522,906.00
Does item have a cost? Yes Item Cost
$ 180,000.00
Budget Adjustment Attached? Yes Budget Adjustment
$ -
Remaining Budget $ 10,342,906.00
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V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 3, 2019
TO: Mayor and City Council
FROM: Brad Hardin, Fire Chief
DATE: August 26, 2019
CITY COUNCIL MEMO
SUBJECT: A Resolution authorizing the purchase of 1.76 acres located on South
School Avenue from Robert Parker, in the amount of $180,000, plus 5% Contingency for
the associated closing costs and taxes; and Approval of a Budget Adjustment
RECOMMENDATION:
A Resolution authorizing the purchase of 1.76 acres located on South School Avenue from
Robert Parker, in the amount of $180,000, plus 5% Contingency for the associated closing costs
and taxes; and Approval of a Budget Adjustment
BACKGROUND:
The Fayetteville Fire Department has researched various locations for new fire station
placements. This property is in the area identified by us to help improve response times and
quality response efforts in South Fayetteville near the new Highway 71 Corridor Developments.
DISCUSSION:
Network Analyst Geographic Information System (GIS) mapping of current fire station locations
along with call volume/response times were analyzed. This analysis led to the Fire Department
selecting this property site as a pivotal location to best address future response times and
anticipated call volume.
BUDGET/STAFF IMPACT:
The cost includes $180,000 plus $9,000 for Contingency. This is a total amount of $189,000.
The funding for this property purchase is available in the 2019 Fire Bond Program Budget.
Attachments:
Land Sale Agreement, Budget Adjustment
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ftw
C TY OF
FAYETTEVILLE
ARKANSAS
May 31, 2019
Robert E & Vickie R Parker
Attn: Robert Parker
2966 S Country Club Dr
Fayetteville, AR 72701
Greetings,
The following document is the City of Fayetteville's formal offer for the property at 2260 South
School Avenue. This offer is contingent on City Council approval. If this is an acceptable offer,
please sign and remit the offer to: Fayetteville Fire Department, 303 W Center, Fayetteville, AR
72701. The offer will then be submitted to City Council for approval, and ultimately the Mayor's
signature. The offer will be official when both parties have signed.
Thanks for your consideration,
Brad Hardin
Assistant Chief
(479) 841-5671
Fayetteville Fire Department
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
LAND SALE AGREEMENT
This Land Sale Agreement is made and entered into by and between the City of Fayetteville,
Arkansas, a municipal corporation of the State of Arkansas (hereinafter "City" or "Fayetteville") and
Robert E. & Vickie R. Parker (hereinafter "the Parkers").
The City of Fayetteville agrees to purchase a parcel of about 1.76 acres located at 2260 South
School Avenue, Fayetteville, Washington County, Arkansas, from the Parkers for ONE HUNDRED
AND EIGHTY THOUSAND DOLLARS ($180,000.00).
The Parkers agrees to sell this approximately 1.76 acre parcel to the City of Fayetteville for
ONE HUNDRED AND EIGHTY THOUSAND DOLLARS (S180,000.00).
TERMS AND CONDITIONS
PURCHASE
Subject to the terms and conditions, mutual promises and covenants of this Agreement, the City
of Fayetteville agrees to purchase a parcel of about 1.76 acres (hereinafter "Development Site") located
at 2260 S South School Avenue by general warranty deed from the Parkers for the amount of ONE
HUNDRED AND EIGHTY THOUSAND DOLLARS ($180,000.00). This Development Site of
about 1.76 acres is legally described in Exhibit A and is shown in the map attached as Exhibit B.
2. SALE
Subject to the terms and conditions, mutual promises and covenants of this Agreement, the
Parkers to sell the Development Site for ONE HUNDRED AND EIGHTY THOUSAND DOLLARS
($180,000.00) to be paid to the Parkers by the City on or before the Closing Date.
USE OF THE 1.76 ACRE DEVELOPMENT SITE
The City of Fayetteville shall use this parcel to construct a Fayetteville Fire Station which will
substantially improve prompt fire suppression response to South Fayetteville. The City of Fayetteville
shall be responsible for all surveying work necessary for this Development Site including obtaining lot
splits and any development approval required for this project.
4. CLOSING DATE AND PLACE
Closing shall occur within 90 days following the date this Agreement has been executed by both
parties. The Closing shall occur at 113 West Mountain Street, Fayetteville, Arkansas in a room supplied
by the City of Fayetteville. The Closing Date may be extended upon the mutual agreement of both
parties.
5. DATE OF POSSESSION
Possession of the Development Site shall be delivered to the City of Fayetteville on the Closing
Date free of any tenancies or other third party possessory rights.
6. TITLE INSURANCE
The Parkers shall order a title commitment on the Development Site, as soon as practicable
following the full execution of this Agreement, through a title insurance company selected by the
Parkers and acceptable to the City. If the report on title, binder or commitment discloses any defects in
title (other than liens or encumbrances of a definite or ascertainable amount which may be paid at
closing), The Parkers shall have thirty (30) days from the date of the City notice of such defects to make
a good faith effort to cure such defects and to furnish a report showing the defects cured or removed. If
such defects are not cured within thirty (30) days, the City may terminate this agreement or may, at its
election, take title subject to any such defects. The cost of the title commitment and the cost of the
owner's title policy shall be borne by the Parkers.
7. DEED AND OTHER DOCUMENTS
On the Closing date, the Parkers shall convey marketable and insurable title to the premises by
general warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in
this Agreement, subject only to current real estate taxes, if any (to be apportioned between the parties)
and existing easements. The City and the Parkers shall equally share the cost of a reasonable closing
fee imposed by the closing agent employed by parties provided however that the City shall be
responsible for any revenue stamps resulting from this transaction and all recordings fees for the deed
and other documents that need to be filed.
8. RISK OF LOSS
Risk of loss as to the Development Site shall remain with the Parkers until the Closing date.
9. THE CITY OF FAYETTEVILLE'S DUE DILIGENCE
The City may enter upon the Development Site to conduct any surveying, testing or inspection
it deems necessary to ensure the Development Site will be appropriate and safe for the construction and
use for its facilities. If the City discovers any problems that would adversely impact its development
and use of the Development Site for its facilities, the City shall notify the Parkers who shall be granted
sixty (60) days to remediate any problem. The Parkers may also terminate this Agreement without
penalty rather than remediating any problem or issue discovered by the City.
10. LARGE SCALE DEVELOPMENT APPROVAL
The City shall, at its sole cost and expense, prepare a Large Scale Development plat of the
Development Site and obtain any and all approvals necessary for the City's intended use of the
Development Site for its facilities. The Parkers shall reasonably cooperate with the City in its request
for development approval of its facilities. The City will present its development proposal through the
2
normal City process and follow the Unified Development Code requirements.
11. NOTICES
Notices required by this Agreement shall be in writing and shall be delivered to:
City of Fayetteville
ATTN: Mayor's Office
113 W. Mountain Street
Fayetteville, AR 72701
12. AUTHORITY
Robert E & Vickie R Parker
2966 S Country Club Dr
Fayetteville, AR 72701
Each of the undersigned individuals represent and warrant that they are authorized to enter into
this Agreement on behalf of their respective entities and that execution hereof will bind the entities to
this Agreement.
13. COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which shall be deemed
an original, but all of which taken together shall constitute one and the same agreement.
14. FACSIMILE
For purposes of executing this Agreement, a scanned or facsimile signature shall be as effective
an as actual signature.
15. APPLICABLE LAW
This Agreement shall be construed and enforced in accordance with the laws of the State of
Arkansas with venue in Washington County, Arkansas.
16. SURVIVAL
The representations, warranties, and agreements of the parties contained herein shall survive
the closing date.
17. NO WAIVERS
The waiver by either party hereto of any condition or the breach of any term, covenant or
conditions herein contained shall not be- deemed to be a waiver of any other condition or of any
subsequent breach of the same or of any other term, covenant or condition herein contained.
18. TIME OF ESSENCE
Time is of the essence in this Agreement.
19. INVALIDITY
If for any reason any term or provision of this Agreement shall be declared void and
unenforceable by any court of law or equity, it shall only affect such particular term or provision of this
Agreement and the balance of this Agreement shall remain in full force and effect and shall be binding
upon the parties hereto.
20. COMPLETE AGREEMENT
All understandings and agreements heretofore existing between the parties are merged into this
Agreement that alone fully and completely expresses their agreement. This Agreement may be changed
only in writing signed by both of the parties hereto and shall apply to and bind the successors and
assigns of each of the parties hereto and shall not merge with the deed delivered to the City at closing.
IN AGREEMENT WITH ALL OF THE TERMS AND CONDITIONS of this Land Sale
Agreement and after being properly authorized by their governing body or board, the parties'
representatives sign their names below:
CITY OF F
LM
Mayor G1/1/
Date: 3 ZG/E
ATTEST:
ARKANSAS ROBERT E. & VICKIE R. PARKER
..�.�-- By:
ROdYIET-C PARKER
By:
Sondra E. Smith • •"�s �''
City Clerk -Treasurer Z c3% r
• FAYETTEVILLE :'L=
y..Qk4N,P`' �.
'moi �i1 • ... • • � � �`�
4
Date:
By:
VICKIE R PARKER
Date:`3/�//
Legal Description: 2260 S School Ave
Part of the NW'/. of the NE/4 of Section 28, Township 16 North, Range 30 West,
Washington County, Arkansas, being more particularly described as follows: Beginning
at a point which is 528.86 feet West and 467.99 feet North of the SE corner of said 40
acre tract and running thence N 70030' W 193.00 feet; thence N 19040' E 140.00 feet;
thence N 81 011'30" W 287.98 feet; thence N 13°31'39" E 143.74 feet; thence S 70030' E
478.40 feet; thence S 16"30'W 229.87 feet to the point of beginning and containing 1.76
acres, more or less, and subject to that portion, if any, contained in U.S. Highway 71 right
of way along the West boundary.
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 FIRE (300)
2019
Requestor: Granville Wynn
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Land acquisition of $180,000 + Contingency (5.0% / $9,000) for Fire Station #9.
COUNCIL DATE: 9/3/2019
LEGISTAR FILE ID#: 2019-0542
KeAvLw spr6rge,-
8/26/2019 6:04 PM
Budget Director
TYPE:
JOURNAL #:
Date
D - (City Council)
RESOLUTION/ORDINANCE
I
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
- _
Increase / (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl AT
v.20190816
Account Name
4610.860.7109-5805.00
180,000 -
46100
7109.8050 EX
Land Acquisition
4610.860.7109-5911.99
4610.860.7999-5899.00
9,000 -
(189,000) -
46100
46100
7109.8050 EX
7999 EX
Contingency -Capital Project
Unallocated - Budget
H:\Budget Adjustments\2019_Budget\City Council\09-03-2019\2019-0542 BA Bonds Fire Station 9 Land Acqusition.xlsm 1 of 1
NOTICE REGARDING CLOSING PROTECTION LETTER
(PURSUANT TO Arkansas Code Section 23-103405(c) (1) and Rule 87)
Issued by: Bronson Abstract Company, Inc., 3810 Front Street, Suite 5, Fayetteville, AR 72703
ON BEHALF OF FIRST AMERICAN TITLE INSURANCE COMPANY
113 W. Mountain Street
Fayetteville72701
Property Location: 2260 S. School Ave. Fayetteville, 72701
Pursuant to the requirements of The Arkansas Title Insurance Act (Arkansas Code Title 23, Chapter 103,
and Section 401 et seq.) and 87 of the Arkansas insurance Department, notice is hereby given that Closing
Protection Letter Protection is available to you as part of the transaction insured by the Agent referenced
above and involving the property referenced above.
Section 23-103-405 (c) (1) describes the protection afforded by the Closing Protection Letter ("Letter") as
follows. The Letter "indemnifies a person solely against loss of closing funds because of the following acts
of a closing agent, title insurer's named employee, or title insurance agent.
(A) Theft of misappropriation of closing funds, or
(B) Failure to comply with written instructions from the proposed insured when agreed to by the
closing agent, employee, or title insurance agent as it relates to the status of the title to the
interest in land or to the validity, enforceability, and priority of the lien of a mortgage or
deed of trust on said interest in land."
Please indicate your choice with regard to this offer of protection by placing a mark on the line to the left of
one of the two choices set out below.
_ NO — CLOSING PROTECTION LETTER IS NOT REQUESTED AND CLOSING PROTECTION
LETTER PROTECTION IS DECLINED.
_ YES — CLOSING PROTECTION LETTER IS REQUESTED. By execution hereof the undersigned
requests that the Letter be provided to it and agrees to pay the charge of $25.00 for the Letter.
of the undersigned below evidences the receipt by the undersigned of the required notice
protection provided under the Closing Protection Letter.
INDEMNITY AGREEMENT
DATE: November 18, 2019 RE: 23992-19
PROPERTY ADDRESS: 2260 S. School Ave. Fayetteville, AR 72701
LEGAL: PARCEL NO.: 765.15334-000
Part of the Northwest quarter (NW '/4) of the Northeast quarter (NE '/4) of Section Twenty -Eight (28), Township
Sixteen (16) North, Range Thirty (30) West, 5th Principal Meridian, Washington County, Arkansas, being more
particularly described as follows: beginning at a point which is North 87°21'45" West 528.86 feet and North
02029'22" East 465.20 feet from a found crimp pipe representing the Southeast corner of said forty (40) acre tract,
the point of beginning being a found iron 5/8 "mbar; thence North 67°15'49" West 193.15 feet to a found 5/8"
rebar; thence North 22'44'18" East 139.30 feet to a found 5/8" rebar; thence North 77°50'33" West 288.49 feet to
the Easterly right-of-way of School Avenue said point being in a curve concave Northwesterly and having a radial
bearing of North 68°33'35" West; thence along the said right -0f --way and curve an are distance of 143.56 feet
through a central angle of 5'35'1 P and having a radius of 1472.39 feet to a point, said point being a chord
bearing and distance of North 18027'18" East 143.50 and a radial bearing of North 74°07'47" West; thence
leaving said right-of-way and curve South 67°28'28" East 472.76 feet to a found 5/8" rebar; thence South
19006'01" West 231.65 feet to the point of beginning and containing 1.761 acres, more or less. This description
being the same as that filed on Survey recorded as File No. 2019-00028213 and filed for record 9/18/2019 of the
records of the Circuit Clerk of Washington County, Arkansas.
WHEREAS, CLOSING AGENT is required to collect the county property taxes for prior years from the Seller, and prorate
funds for the year 2019, in order to satisfy title requirements, and
WHEREAS, CLOSING AGENT'S information regarding said taxes is based on figures obtained from the records of the
Washington COUNTY TAX ASSESSOR'S OFFICE; and said information available at the time of the closing of the
transaction from the said Assessor's office is on some occasions only an estimate of the taxes for the parcel of real property
or said property may currently be or at some time in the future be reassessed.
NOW, THEREFORE, in consideration of CLOSING AGENT closing this transaction for the BORROWER AND/OR
SELLERS based on information available to CLOSING AGENT, the BORROWER and/or SELLERS agree with CLOSING
AGENT as follows:
1) In the event the funds collected to pay taxes for prior years and prorated taxes for the year 2019 as shown on the
SETTLEMENT STATEMENT for the BORROWER and/or SELLERS herein, are not sufficient to pay in full the
actual real property taxes for said calendar years, the BORROWER and/or SELLERS agree to hold the CLOSING
AGENT harmless from any claims and demands from any lending institutions or other entities for payment of said
taxes, and
If CLOSING AGENT is required to advance any of its own funds to pay said taxes, the BORROWER and/or
SELLERS will indemnify CLOSING AGENT for any such funds so advanced and will hold harmless said
CLOSING AGENT from losses, damages, penalties & expenses..
The SELLERS will make an additional prorata payment of said taxes based on the percentage reflected on the
respective SETTLEMENT STATEMENT regarding this transaction when advised by the CLOSING AGENT that
the funds credited to the BUYER at the closing for payment of said taxes were not sufficient to pay same.
4) In the event that the COUNTY TAX ASSESSOR'S OFFICE fails to update the ownership of the tax parcels of the
property subsequent to the date of this document, the SELLERS and/or BORROWER (if applicable), hereby release
and hold CLOSING AGENT harmless from any claims and demands made to correct said failure.
PRIOR YEAR TAXES are based on amount reported by WASHINGTON COUNTY TAX COLLECTOR.
® PRORATED TAXES are based on amount reported by WASHINGTON COUNTY TAX COLLECTOR-
PRORATED
OLLECTOR
PRORATED TAXES credited to the BUYER are based on an estimate, calculated as follows: PURCHASE PRICE
s 20% t MILEAGE RATE = ESTIMATED TAXES.
Q WASHINGTON COUNTY TAX COLLECTOR'S books are currently closed. Prior year's taxes and prorated taxes
may be based on prior year reporting. In the event the property is reassessed or tax figures are adjusted,
BORROWER and /or SELLERS will be responsible for any difference between amount collected and the actual
amount reported on the tax billing for the current year.
THIS AGREVOENT,shaLlbe binding on the heirs, successors and assigns of the parties hereto.
SFLL r
SELLER'S FORWARDING ADDRESS:
2966 S. Country Club Drive
Fayetteville 72701
CLOSING CERTIFICATION
FILE No: 23992-19
Address: 2260 S. School Ave., Fayetteville, AR 72701
We the undersigned hereby state that we are the party(ies) with respect the property referenced above and theretofore make the
following certifications where applicable:
PROPERTY ADDRESS PRORATIONS
Bronson Abstract Company, Inc. (hereinafter referred to as "Closing Agent") has prorated the current years real estate taxes (if a
purchase) from January fust of the current year through the date of the closing and have given the purchaser(s) credit for same on the
settlement statement. The purchaser will therefore be responsible for payment of those taxes when they become due and payable the
next payment cycle.
If an escrow is being established for payment of taxes and/or insurance then the Closing Agent has made the necessary entries on the
settlement statement as instructed by the Lender. The reserves and monthly payments for the escrow have been established by using
the current amounts provided by the County Assessor for the current year without consideration of any existing credits.
It is the responsibility of the undersigned Borrower(s)/Pumhaser(s) to contact the County Assessor's office for the purpose of applying
for any credits for which they may be entitled. It will also be the responsibility of the undersigned to provide the Lender with any
information which would be necessary for the purpose of changes to any of the escrow payment amounts.
The Closing Agent hereby disclosed that the valuations as provided by the County Assessor's office at the time of closing may be
changed at any time for the closing date forward and said Closing Agent shall not be held responsible or liable to the undersigned for
any discrepancies and/or adjustments which may occur subsequent to the date of the closing.
TITLE INSURANCE AFFIDAVIT
The undersigned, where applicable, hereby affirm that they have received a copy of the title insurance commitment and are aware of
any matters contained therein.
SURVEY -WAIVER
The undersigned affirm and acknowledge that they did not receive, unless previously agreed and/or required, a survey of the property,
and further will have no coverage or protection on the title policy with respect to matters that would have been disclosed by an
accurate survey of the property. It is the responsibility of the undersigned to request such coverage, including but not limited to survey
matters, directly from the title insurance issuing agent prior to the closing and be responsible for additional coverage. In the even the
survey coverage is requested and/or required, it is further the responsibility of the undersigned to provide the title insurance issuing
agent a survey which would meet the criteria and requirements as determined by the title insurance company guidelines.
ERRORS AND OMISSIONS
The undersigned party(ies) affirm and acknowledge that they will cooperate and agree to re -executed any documents, initial any
changes, or pay any additional amounts and/or fees which my result from clerical errors or other matters, including but not limited to
misspellings, incorrect names, addresses, legal descriptions, costs, terms, conditions, computations, taxes collected or due and
expenses which were all done in good faith by the Closing Agent and further agree to respond to any such request made by Closing
Agent, Lender, or other parties involved, in a manner which is timely and consistent with such request.
We further agree to indemnify and hold Closing Agent, Lender and Realtors harmless from loss or damage or liability resulting from
matters herein. .
Dated th' 18th day of November,2019.
SE
r
Cio ofF ettevill'�
SE E
R rt er. ,—
Vickie R. Parker
SELLERMORROWER'S AFFI DAVFT
STATE OF ARKANSAS, COUNTY OF: WASHINGTON
The undersigned, referred to as Selier/Borrower (whether one or more) being fust duly swom on oath that the Seller/Borrower is the
owner of the following described lands, situated in Washington County, Arkansas, to -wit:
Part of the Northwest quarter (NW '/4) of the Northeast quarter (NE '/4) of Section Twenty -Eight (28), Township Sixteen
(16) North, Range Thirty (30) West, 5th Principal Meridian, Washington County, Arkansas, being more particularly
described as follows: beginning at a point which is North 87021'45" West 528.86 feet and North 02°29'22" East 465.20
feet from a found crimp pipe representing the Southeast corner of said forty (40) acre tract, the point of beginning being a
found iron 5/8 "rebar, thence North 67° 15'49" West 193.15 feet to a found 5/8" rebar; thence North 221"'18" East
139.30 feet to a found 5/8" rebar; thence North 77°50'33" West 288.49 feet to the Easterly right-of-way of School Avenue
said point being in a curve concave Northwesterly and having a radial bearing of North 68°33'35" West; thence along the
said right-of-way and curve an arc distance of 143.56 feet through a central angle of 5°35' 11" and having a radius of
1472.39 feet to a point, said point being a chord bearing and distance of North 18027'18" East 143.50 and a radial bearing
of North 74007'47" West; thence leaving said right-of-way and curve South 67028128" East 472.76 feet to a found 5/8"
rebar; thence South 19106'01" West 231.65 feet to the point of beginning and containing 1.761 acres, more or Iess. This
description being the same as that filed on Survey recorded as File No. 2019-00028213 and filed for record 9/18/2019 of
the records of the Circuit Clerk of Washington County, Arkansas.
Seller/Borrower further states the following facts are true:
1. There is no adverse occupant of the property described above.
2. Seller/Borrower and those, under whom Seller/Borrower claims title, have been in peaceful possession of said lands for more
than 7 years past.
3. There are no unrecorded options to purchase, Sales Contracts or Lease Agreements outstanding, which affects the property
described above.
4. There have been no improvements made on the property described above during the past 130 days for which a Mechanic's
and Materialmens' Lien may be filed.
5. No appliances have been installed in the property described above on deferred payments, which are unpaid for.
6. The property described above is not traversed by any roadways or easements, except those shown on record.
7. There are no delinquent assessments due on the resident's association on the property described above, if applicable.
8. That no money whatsoever is owed on subject property to any person, firm or corporation other than the following:
NONE
9. There are no outstanding judgments against Seller/Borrower as a result of legal action to include, but not limited to, Tax
Liens, Divorce, Bankruptcy or Foreclosure.
10. There are no pending litigations against Seller/Borrower which may result in a judgment.
11. That the marital status of Seller/Borrower has not changed since they acquired above described property.
Witness t hand and''s o ndersigned this, day of A)OJtu,{W . 2019.
City f:Fayeneville 1t bertE. P er r -
' 7
Vickie R. Parker
Subscribed and swom to before me, a Notary Public, on this ;184'- day -g 2019.
My Commission Expires:
Please return this to Bronson Abstract Company, Inc., 3810 Front Street,
File Number: 23992-19
Michele Johnson
Notary Public
Commission q
i
100. Gross Amount Due From Borrower.
V OMB No: 2502-0265
FINAL
B. TYPE OF LOAN
A. SETTLEMENT STATEMENT (HUD -1)
1. ❑ FHA 2. ❑ FNMA 3. ❑ CONV. LININS.
102. Personal property
4. E]VA S. E]CONV.INS.
11A
6. FILE NUMBER: 7. LOAN NUMBER
t� x
23992-19
1: �,.tr.
8. MORTGAGE INS. CASE NO.:
C. NOTE: This form is famished to give you a statement of actual settlement casts. Amounts paid to and by the settlement agent arc shown. Items
_ marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and aro not included in the totals
D. NAME & ADDRESS City of Fayetteville
OF BORROWER: 113 W. Mountain Street; Fayetteville, AR 72701
E. NAME & ADDRESS Robert E. Parker and Vickie R. Parker
OF SELLER: 2966 S. Country Club Drive. Fayetteville, AR 72701
F. NAME & ADDRESS Cash
OF LENDER:
G. PROPERTY LOCATION: 2260 S. School Ave., Fayetteville, AR 72701
H. SETTLEMENT AGENT: Bronson Abstract Company, Inc.
Adjustments For Items Paid By Seller In Advance:
PLACE OF SETTLEMENT: 3810 Front Street, Suite S Fayetteville, AR 72703 (479) 442-2700
I. SETTLEMENT DATE: 11/18/2019_
DISBURSEMENT DATE: 11/18/2019
107. County taxes to _
100. Gross Amount Due From Borrower.
400. Gross Amount Due To Seller: V
101. Contract sales price
180000.00 401. Contract sales price
180000.00
102. Personal property
402. Personalproperty
103. Settlement charges to grower. line 1400
525.00 _403.
104•
404.
105.
405.
Adjustments For Items Paid By Seller In Advance:
Adjustments For Items Paid By Seller In Advance:
106. Ci /town taxes to
406. Cityltown taxes to
107. County taxes to _
407. County taxes to
IOg. Assessments to
408. Assessments to
109.
409.
110.
410.
Ill.
411.
-
112.
412. _
113.
----
413. - --
114. -
414.
115.
415.
116.
416.
120. Gross Amount Due From Borrower:
180,525.00 420. Gross Amount Due To Seller:
180,000.00
200, Am hnlf-OfJbrrower,
201. Depositor eamestmoncy
1 500. Reductions In Amount Due To Seller:
501. Excess deposit (m instructions
202. Principal amount of new loan(s)
502. Settlement charges to seller line 1400)
1.100.00
203. Existing loans taken subject to
503. Existing loan(s) taken subject to
204•
504. Payoff lstMLn.
205•
505. Pa off2nd M .Ln.
206.
506.
207.
507.
208.
508. ,
209.
509.
Adjustments For Items Unpaid By Seller:
210. Ci /town taxes to
Adjustments For Items Unpaid By Seller:
510. Ci /town taxes to
211. Coumy taxes 01101/19 to 11/18/19
601.39 511. County taxes 01/01/19 to 11/18/19
601.39
212. Assessments to
512. Assessments to
213.
513. -
_
214.
514.
215. -
515.
216.
516.
217.
_
517.
218: _
518.
219.
519.
220. Total Paid By/For
Borrower:
601.39 520. Total Reductions
In Amount Due Seller:
1,701.39
-M& Cash At Settl ement
301. Gross amount due from bartower pine 120)
600, Cash At Settlement From/To Seller, -
180 525.00 601. Gross amount due to seller (line 420)
180 000.00
302. Less amount paid by/for borrower pine 220)
601.39 602. Less reductions in amount due seller (line 520)
1,701.39
303. Cash (®FROM) ,Dr0) Borrower:
179,923.61 603. Cash (P�I'O) (❑FROM) Seller:
178,298.61
Prevtous Edition Is Obsolete SB4-3538-000-1
Form No. 1581 HUD -1 (3-86)
3/86 Page I of 3 RESPA, HB 4305.2
iG SETTLEMENT "CHARGES Escrow. 23992-19
700. Total Sales/Brokees Commission: Paid From Paid From
Based On Price $ t Rn non no n 0/-= n..____ _._ o_..
Division of CommiHion nine 7001 As EQI)nws,
7M .19
2
Funds Funds
At At
Settlement Settlement
701. Commission paid 31 settlement
704.
SOZ Loan Discount %
803. Appraisal fee too Cash ApRraisal Fee
804. Credit rep2rt to b Credit ort fee
805, Lendees Ins inee
806, e Insurance Uplication fee t
07. Assum;Ltion fee
BOB, IA= Fee To: Cash Loan Fee;
809, Undenyriting Fee To: Cash Underwitinst Fee
810,
812,
813,
814,
815,
816.
917,
819,
2.
821
-
no May fo days)
902. Mortme insarame premium for ino. to
903- Hazard insirance Rremiurn for )U, to
905,
906:
A S
O.OQ Agr_Month
1602, Mortgage insurance as S
0.00 per montb
na$
0.00 Ver month
19,onths a_$
0.00 pernth CouW Taxes Reserves_
5Annual. assessments 0 months a S
0.00 per month
1008, Aggmggic Adiu=cnt
1009.
1101, Settlement -or c
nc, Tifle-Sottlement Agent0
1102, Abstract or title s=.b iq-&qnson b
e- i ea rc p
-
1103, Tide examination to
1104, Title insurance
Documentn
1106, Not= fees to
1107. Attorney's fees to
(includes above item Numbers:
)
1108. Title insurance to Bronson Abstract Company, Inc. Title-Lcader/Mortgagee Premium
(includes above item Numbers: ) 600.00
1109, Lender's coy e e S 0.00 Premiumm $0.00_
0. er covgne S 180,000.00Premium: $600.00
1112,
3.
4.
1201, Recording &� DW S 2540
S 0 Reles .00 -25 Od
1203. State tax/
e,0.00
1204.
1205.
1302, Pest inglection to
f
1303,
1304
05.
0
1307
(Enter on line J 03.
Section J - eco 2
Form No. 1582 Page 2 of3 SB4-3538-0004
SELLER'S AND/OR BORROWER'S STATEMENT Escrow: 23992.19
I have carefully reviewed the HUD -1 Settlement Statement and to the best of my knowledge and belief; it is a true and accurate statement of all receipts and
disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD -I Settlement Statement.
Sellers
R
Vickie R. Parker
The HUD -1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be
disbursed in accotdapce with this statement.
Settlement Agent: --41jSt Date: �f��/ 4t
Michele Johnso ,Bronson Abstract Company, Inc.
WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a
fine or imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010.
Page 3 of 3
Parcel No. 765.15334000
Fayetteville Fire Station No. 9
WARRANTY DEED
BE IT KNOWN BY THESE PRESENTS:
THAT Robert E. Parker and Vickie R. Parker, husband and wife,
hereinafter called GRANTOR, for and in consideration of the sum of One Dollar
($i.00) and other good and valuable consideration, the receipt of which Is hereby
acknowledged, do hereby grant, bargain, sell and convey unto the City of
Fayetteville; Arkansas, a municipal corporation, hereinafter called
GRANTEE, and unto Grantee's successors and assigns, the following described
land situated In the County of Washington, State of Arkansas, to -wit:
Part of the Northwest quarter (NW %) of the jortheast quarter (NE %) of Section Twenty -Eight (28), Township
Sixteen (16) North, Range Thirty (30) West, 5 Principal Meridian, Washington County, Arkansas, being more
particularly described as follows: Beginning at a point which is North 87"21'45" West 528.86 feet and North
02°29'22" East 465.20 feet from a found crimp pipe representing the Southeast comer of said forty (40) acre
tract, the Point of Beginning being a found iron 5/8 "rebar; thence North 67°15'49" West 193.15 feet to a found
5/8" rebar, thence North 22"44'18° East 139.30 feet to a found 5/8" rebar; thence North 77°50'33" West 288.49
feet to the Easterly Right -of -Way of School Avenue said point being in a curve concave Northwesterly and
having a radial bearing of North 68'33'35" West; thence along the said right-of-way and curve an arc distance of
143.56 feet through a central angle of 5°35'11" and having a radius of 1472.39 feet to a point, said point being a
chord bearing and distance of North 18°27'18" East 143.50 and a radial bearing of North 74°07'47" West;
thence leaving said right-of-way and curve South 67°28'28" 'East 472.76 feet to a found 5/8" rebar, thence South
19°06'01" West 231.65 feet to the Point of Beginning and containing 1.761 acres, more or less.
This description being the same as that filed on Survey recorded as File No. 2019.00028213 and fled for record
9/18/2019 of the records of the Circuit Clerk of Washington County, Arkansas.
TO HAVE AND TO HOLD the said lands and appurtenances hereunto 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_JS`k` _ - -_ day of A)OJ,-&r .2019.
Roil r ¢r
w
REVENUE STAMPS AFFIDAVIT
The foregoing deed has the correct amount of Revenue
Stamps affixed to it or is exempt from such stamps.
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
c e .Parker L
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF WASHINGTON 1 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, Robert E. Parker and Vickie R. Parker, husband and wife,
to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they had
so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set
forth.
WITNESS my hand and seal on this i day of _ j) Nearhe/ 2019.
MY COMMISSION EXPIRES:
MQ Ihr 2028
Wzi 4.. j - -- -
Notary Publi
=NotaryPublic
nson
blicty, Arkansas12704364s Ma 10, 2028