HomeMy WebLinkAbout303-20 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 303-20
File Number: 2020-1009
DUSTIN DAVIS AND RYAN YOUNGBLOOD DAVIS:
A RESOLUTION TO APPROVE A LAND SALE AGREEMENT BETWEEN THE CITY OF
FAYETTEVILLE AND DUSTIN AND RYAN YOUNGBLOOD DAVIS TO ACQUIRE ABOUT
0.72 ACRES OF LAND LOCATED NEAR FIRE TOWER ROAD/COUNTY ROAD 4343 FOR
THE CONSTRUCTION OF A NEW BENSON MOUNTAIN WATER SUPPLY TANK IN
EXCHANGE FOR A PAYMENT OF $23,000.00 PLUS CLOSING COSTS, THE
CONVEYANCE OF A CITY -OWNED 0.06 ACRE PARCEL, AND OTHER
CONSIDERATION
WHEREAS, the City of Fayetteville needs to purchase property for a new Benson Mountain water
supply tank; and
WHEREAS, City staff identified a parcel of land near the current water tank site owned by Dustin
and Ryan Youngblood Davis who have agreed to convey the approximately 0.72 acre parcel to the
City in exchange for the City's agreement to pay them $23,000.00, convey the 0.06 acre parcel on
which the current water tank, set three water taps at no cost, and pay for minor utility pole relocations
associated with the project.
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 and authorizes
Mayor Jordan to sign a Land Sale Agreement with Dustin Davis and Ryan Youngblood Davis, a copy
of which is attached to this Resolution, to allow the City to acquire approximately 0.72 acres located
off Fire Tower Road/County Road 4343 for the construction of a new Benson Mountain water supply
tank, in exchange for the City's agreement to pay them $23,000.00 plus closing costs, convey the 0.06
Page 1 Printed on 12=0
Resolution. 303-20
File Number. 2020-1009
acre parcel on which the current water tank, set three water taps at no cost, and pay for minor utility
pole relocations associated with the project.
PASSED and APPROVED on 12/1/2020
Attest:
�ERK'/
Kara Paxton, City Clerk Treas4er ; AYE17EVILLE
"G o N C,411WOON��•`•
Page 2 Printed on 12/2/20
113WestMountainStreet
City of Fayetteville, Arkansas
Fayetteville, AR 72701
(479) 575-8323
Text File
\� File Number: 2020-1009
Agenda Date: 12/1/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A.9
DUSTIN DAVIS AND RYAN YOUNGBLOOD DAVIS:
A RESOLUTION TO APPROVE A LAND SALE AGREEMENT BETWEEN THE CITY OF
FAYETTEVILLE AND DUSTIN AND RYAN YOUNGBLOOD DAVIS TO ACQUIRE ABOUT 0.72
ACRES OF LAND LOCATED NEAR FIRE TOWER ROAD/COUNTY ROAD 4343 FOR THE
CONSTRUCTION OF A NEW BENSON MOUNTAIN WATER SUPPLY TANK IN EXCHANGE
FOR A PAYMENT OF $23,000.00 PLUS CLOSING COSTS, THE CONVEYANCE OF A
CITY -OWNED 0.06 ACRE PARCEL, AND OTHER CONSIDERATION
WHEREAS, the City of Fayetteville needs to purchase property for a new Benson Mountain water supply
tank; and
WHEREAS, City staff identified a parcel of land near the current water tank site owned by Dustin and Ryan
Youngblood Davis who have agreed to convey the approximately 0.72 acre parcel to the City in exchange for
the City's agreement to pay them $23,000.00, convey the 0.06 acre parcel on which the current water tank,
set three water taps at no cost, and pay for minor utility pole relocations associated with the project.
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 and authorizes Mayor
Jordan to sign a Land Sale Agreement with Dustin Davis and Ryan Youngblood Davis, a copy of which is
attached to this Resolution, to allow the City to acquire approximately 0.72 acres located off Fire Tower
Road/County Road 4343 for the construction of a new Benson Mountain water supply tank, in exchange for
the City's agreement to pay them $23,000.00 plus closing costs, convey the 0.06 acre parcel on which the
current water tank, set three water taps at no cost, and pay for minor utility pole relocations associated with the
project.
City of Fayetteville, Arkansas page I Printed on 121212020
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2020-1009
Legistar File ID
12/1/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
11/12/2020 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a contract between the City of Fayetteville and Dustin Davis and Ryan Youngblood
Davis for a land swap/property purchase in the amount of $23,000.00 for the new Benson Mountain water supply
tank.
Budget Impact:
5400.720.5600-5805.00
Water and Sewer
Account Number Fund
10006.1 Benson Mountain Pressure Plane Upgrade
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$
806,452.00
$
624,948.30
l $ 181,503.70
$
23,000.00
$
158,503.70
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 1, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: November 12, 2020
CITY COUNCIL MEMO
SUBJECT: Davis Land Swap Agreement for Water Storage Tank
RECOMMENDATION:
The staff is recommending approval of a contract between the City of Fayetteville and Dustin
Davis and Ryan Youngblood Davis for a land swap/property purchase for the new Benson
Mountain water supply tank.
BACKGROUND:
In July 2019, the City Council approved a negotiated land swap agreement between the City of
Fayetteville and Dustin and Ryan Youngblood Davis to allow the new Benson water storage
tank to be constructed, and the old standpipe demolished. This negotiation was based on an
appraisal done in January 2019. A property closing was pending other nearby easements, and
Mr. Davis asked to cancel the agreement and begin new negotiations in 2020 due to the age of
the appraisal. A new appraisal was conducted, and now Mr. Davis has signed a revised
agreement for the terms associated with this property swap.
DISCUSSION:
The City would purchase a larger 0.72 acre tract and relinquish its existing 0.06 acre tract for a
net appraised value of $23,000.00. The City also agrees to set 3 water taps at no cost and pay
for minor utility pole relocations associated with the project.
BUDGET/STAFF IMPACT:
Funds are available in the Benson Mountain Pressure Plane Upgrade account within the Water
& Sewer Fund.
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, an Arkansas municipal corporation (hereinafter "City" or "Fayetteville")
Dustin Davis and Ryan Youngblood Davis (hereinafter "the Sellers").
TERMS AND CONDITIONS
l . PURCHASE AND .SALE
Subject to the terms and conditions, mutual promises and covenants of this Agreement, the
City of Fayetteville agrees to purchase, and the Sellers agree to sell, the following described
property ("Tract A"):
A part of the East Half (E'/z) of the East Half (E'/2) of the Southeast Quarter (SE'/4) of the
Southeast Quarter (SE'/a) of Section 27, Township 17 North, Range 28 West, Washington
County, Arkansas being more particularly described as follows: Commencing at the
Southeast corner of said Southeast Quarter; thence along the south line of said section
N89042'41"W, 69.01' to the Point of Beginning; thence continuing on said south line
N89042'41"W, 262.43% thence N00°12'23"W, 224.90% thence S57°15'29"E 73.79%
thence S47°11'47"E, 274.20' to the Point of Beginning, containing 0.72 acres more or
less.
2. PURCHASE PRICE AND ADDITIONAL CONSIDERATION
Subject to the terms and conditions, mutual promises and covenants of this Agreement, the
City agrees to purchase the Property for TWENTY-THREE THOUSAND DOLLARS
($23,000.00) to be paid to the Sellers by the City on or before the Closing Date.
The City also agrees to convey to Sellers the following described property ("Tract B"),
subject to the conditions set forth in this Agreement:
A part of the Southeast Quarter (SE'/4) of the Southeast Quarter (SE'/4) of the Section 27,
Township 17 North, Range 28 West, Washington County, Arkansas described as
beginning at an existing iron pin which is North 43032'24" West 271.61 feet from the
Southeast corner of said 40 acre tract; thence South 0049'58"E 69.71 feet to an existing
iron pin; thence North 47°28' 19"West 103.12 feet to a set iron pin; thence East 75.00 feet
to the point of beginning, containing 0.06 acres, more or less. (Description taken from a
survey by Douglas G. Hemingway on October 31, 1996, and which was provided to the
parties hereto)
The City shall coordinate with Ozarks Electric and pay for the relocation of three power
poles located on Tract B and provide 3 water taps to Sellers at no cost. The concrete slab located
on Tract B shall remain in place.
3. CONTINGENCY
This contract is contingent upon approval by the Fayetteville City Council.
4. CLOSING DATE AND PLACE
Closing shall occur within 120 days following the date this Agreement has been approved
by the Fayetteville City Council. City staff will add approval of this transaction to the next
available City Council agenda following execution of this agreement by the Mayor. The Closing
shall occur at 113 West Mountain Street, Fayetteville, Arkansas in a room supplied by the City of
Fayetteville or at another location agreed upon by the parties. The Closing Date may be extended
upon the mutual agreement of the parties.
5. DATE OF POSSESSION; LEASE FOR EXISTING WATER TANK
Possession of Tract A shall be delivered to the City of Fayetteville on the Closing Date free
of any tenancies or other third party possessory rights.
The City will execute and deliver a warranty deed for Tract B to the Sellers at the time of
closing free of any third -party possessory rights; however, the City shall retain a leasehold interest
on Tract B for a period of eighteen (18) months after the execution of this agreement for the
purpose of accessing, maintaining, and continued operation of the active water system during
construction of the new water tank on Tract A, as well as verifying successful dismantling and
removal of the water tank and all related equipment on Tract B when the new water tank is
operational. As consideration for the City's 18-month lease of the tank site and right of entry, City
agrees to pay the total amount of $100.00, which shall be paid at the time of closing. City may
extend its leasehold agreement at its option and shall pay the amount of $100.00 per month, or any
part of a month, for the extension period. The holdover payment shall be calculated through the
date City verifies the removal of the water tank and associated equipment and fencing and the
extension payment, if any, shall be remitted to Sellers within thirty (30) days. Sellers shall have
the right of possession at the time the City's water tank, equipment, and fencing have been removed
from Tract B and the City shall no longer have any interest in Tract B.
6. TITLE INSURANCE
The Sellers shall order a title commitment on Tract A, as soon as practicable following the
full execution of this Agreement, through Bronson Abstract. 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 Sellers 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 City.
2
The City shall order a title commitment on Tract B, as soon as practicable following the
full execution of this Agreement, through Bronson Abstract. 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), City shall have thirty (30) days from the date
of the Sellers' notice of such defects to make a good faith effort to cure such defects and to famish
a report showing the defects cured or removed. If such defects are not cured within thirty (30)
days, the Sellers may terminate this agreement or may, at their 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 City.
7. DEED, TAXES, CLOSING COSTS, AND OTHER DOCUMENTS
On the Closing date, the Sellers shall convey marketable and insurable title to Tract A by
general warranty deed, free and clear of all liens, restrictions, and encumbrances except easements
and rights -of -way of record, or as provided in this Agreement.
On the Closing date, the City shall execute a warranty deed conveying marketable and
insurable title to Tract B by general warranty deed, free and clear of all liens, restrictions, and
encumbrances except easements and rights -of -way of record, or as provided in this Agreement.
Taxes and special assessments due for the parcels on or before the date of closing shall be
paid by the party selling the parcel. Ad valorem taxes shall be prorated as of the date of closing.
The City bear the cost of a reasonable closing fee imposed by Bronson Abstract and 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.
RISK OF LOSS
Risk of loss as to Tract A and Tract B shall remain with the party who owns the tract until
the Closing date.
9. THE CITY OF FAYETTEYILLE'S DUE DILIGENCE
The City may enter upon the Tract A to conduct any surveying. testing or inspection it
deems necessary to ensure the Property will be appropriate and safe. If the City discovers any
problems that would adversely impact its development and use of the Property for its facilities, the
City shall notify the Sellers who shall be granted sixty (60) days to remediate any problem. The
Sellers may also terminate this Agreement without penalty rather than remediating any problem
or issue discovered by the City.
3
10. 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
11. AUTHORITY
Dustin and Ryan Davis
22014 Tower Road
Elkins, AR 72727
Each of the undersigned individuals represent and warrant that they are authorized to enter
into this Agreement on behalf of themselves or their respective entities and that execution hereof
will bind all parties to this Agreement.
12. 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.
13. FACSIMILE
For purposes of executing this Agreement, a scanned or facsimile signature shall be as
effective an as actual signature.
14. 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.
15. SURVIVAL
The representations, warranties, and agreements of the parties contained herein shall
survive the closing date.
16. 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.
17. TIME OF ESSENCE
Time is of the essence in this Agreement.
4
1 S. 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.
19. 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 all 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 the Fayetteville City Council, the Mayor and
City -Clerk Treasurer of the City of Fayetteville, Arkansas, Purchaser, sign their names below:
PURCHASER:
CITY OF FAYETTEVILLE,
Mayor
Date: v / 11O N
ATTEST:
G`ER K
IT • F,9��
B G
Kara Paxton, Citq Clerk- sxeFkrjK
IN AGREEMENT WITH ALL OF THE TERMS AND CONDITIONS of this Land Sale
Agreement, Sellers sign their names below:
SELLERS:
—� Date: F
j!Ustin Day
Date:
Ry�n h lood Davis
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