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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 ivivaL �kk c I Lcc ­UJ¢ -J L 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