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Home My WebLink About96-21 RESOLUTIONOF FAYE TTF { i r 9RKANSPS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 96-21 File Number: 2021-0181 REFORMATION OF DEEDS - 115 OKLAHOMA WAY: A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK REFORMATION OF DEEDS FOR PROPERTY LOCATED AT 115 OKLAHOMA WAY WHEREAS, in 1975, the City entered into a contract to sell Phyllis and Allan Gilbert property located at 115 Oklahoma Way and a warranty deed purporting to convey the property was recorded; and WHEREAS, an error in the legal description of the deed to the Gilberts has created a cloud on the title to property located at 115 Oklahoma Way such that the City legally owns the land on which the Gilbert residence is located and Gaylen Gilbert, the successor in interest to Phyllis and Allan Gilbert, owns a parcel of land just south of the house which contains nothing but trees; and WHEREAS, despite months of discussions with the current owner/resident of the property, the City has been unable to resolve this issue and the City Attorney's office recommends filing a. lawsuit to reform the original 1975 deed and subsequent deeds so that the mutual mistake that was made in 1975 can be corrected. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council for the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek reformation of the deeds in the chain of title for property located at 115 Oklahoma Way. PASSED and APPROVED on 3/16/2021 Page 1 Primed on 3117121 Resolution: 96-21 File Number: 2021-0181 Attest: ORK �e�,g11A A A AAApp'�� ITY •G• Kara Paxton, City Clerk Treasurer : FAY E •�' Page 2 Printed on 3117121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0181 Agenda Date: 3/16/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C.7 REFORMATION OF DEEDS - 115 OKLAHOMA WAY: A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK REFORMATION OF DEEDS FOR PROPERTY LOCATED AT 115 OKLAHOMA WAY WHEREAS, in 1975, the City entered into a contract to sell Phyllis and Allan Gilbert propemi located at 115 Oklahoma Way and a warranty deed purporting to convey the property was recorded; and WHEREAS, an error in the legal description of the deed to the Gilberts has created a cloud or the title to property located at 115 Oklahoma Way such that the City legally owns the land on which the Gilbert residence is located and Gaylen Gilbert, the successor in interest to Phyllis and Allan Gilbert, owns a parcel of land just south of the house which contains nothing but trees; and WHEREAS, despite months of discussions with the current owner/resident of the property, the City has been unable to resolve this issue and the City Attorney's office recommends filing a lawsuit to reform the original 1975 deed and subsequent deeds so that the mutual mistake that was made in 1975 can be corrected. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council for the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek reformation of the deeds in the chain of title for property located at 115 Oklahoma Way. City of Fayetteville, Arkansas Page 1 Printed on 311712021 City of Fayetteville Staff Review Form 2021-0181 Legistar File ID 3/16/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Blake Pennington 3/2/2021 CITY ATTORNEY (021) Submitted By Submitted Date Division/ Department Action Recommendation: A IESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK REFORMATION OF DEEDS FOR PROPERTY LOCATED AT 115 OKLAHOMA WAY Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance 1 $ - Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget �— - V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Origiral Contract Number: Comments: OFFICE OF THE CITY ATTORNEY TO: THRU: FROM DEPARTMENTAL CORRESPONDENCE Kit Williams City Attorney Blake Pennington Mayor Jordan Assistant City Attorney City Council Jodi Batker Paralegal Kit Williams, City Attorne4L/� Blake Pennington, Assistant City Attom4:; DATE: March 2, 2021 RE: 115 Oklahoma Way Deed Reformation In 1975, the Fayetteville Board of Directors approved Resolution 65-75 authorizing a contract for the sale of a piece of City property located at 115 Oklahoma Way to Phyllis Gilbert. The contract for sale was signed by Mayor Marion Orton on August 21,1975. That contract says the City is to convey a 10,395 square foot parcel of land with a house on it to Phyllis and Allan Gilbert. The resolution and contract are attached for your reference. A survey was completed prior to the closing and the legal description from that survey was used in the deed to Phyllis and Allan Gilbert that was filed for record on October 6, 1975. It appears that the survey legal description has been used in all deeds of conveyance since that time through the sale to the present owner, Gaylen Gilbert, in 2004. It was discovered in 2010 that the county real estate records show that the house is not on the property that was conveyed by the City. The property that was actually conveyed by the 1975 deed is a portion of the Mount Sequoyah Gardens Park, including part of a driveway that is used to access storage buildings on park property. This means that the City still legally owns the land on which Mr. Gilbert's residence is located. The City's surveyor, Daryl Doyal, reviewed the survey and other records and signed an affidavit, also attached for your reference, confirming that the original legal description contains one wrong number. That wrong number led to the City conveying property about 130 feet south of the land the City meant to sell to the Gilbert family in 1975. If you look at the map attached to this memo, you will see two hash -marked outlines labeled "115 OK. WAY" and "GILBERT." The 1975 deec-1 conveyed the land labeled "GILBERT" but if we fix the legal description error by changing one number you will see that the correct legal description not only covers the house but it also excludes the driveway used by the City to access the storage buildings in Mt. Sequoyah Gardens Park. The City has offered to swap deeds with Mr. Gilbert to correct this issue. Thus far, Mr. Gilbert and his attorney have declined the City's offer and instead claimed that Mr. Gilbert is somehow entitled to both pieces of property. More recently, the City received correspondence from Mr. Gil-:)eres attorney asking if the City would be interested in correcting the title issue and selling the other parcel to Mr. Gilbert. They asked the City to pay for an appraisal that could then be used as a basis for the sale price. Mayor Jordan declined to use City funds to obtain an appraisal but our office informed Mr. Gilbert that if h-- would like to make an offer to the City we would consider it. If Mr. Gilbert continues objecting to a deed swap, it appears the only way to resolve this dispute is to file a lawsuit to reform the 1975 deed and subsequent deeds so the legal description is corrected. Reformation is an appropriate remedy "when the parties have reached a complete agreement but, through mutual mistake, the terms of their agreement are not correctly reflected in the written instrument purporting to evidence the agreement." Longing Family Revocable Trust v. Snowden, 2013 Ark. App. 81 citing Lawrence v. Barnes, 2010 Ark. App. 231; Lambert v. Quinn, :32 Ark.. App. 184 (1990). "A mutual mistake is one that is reciprocal and common to both parties, each alike laboring under the same misconception in respect to the terms of the written instrument." Longing, supra. Our office is confident a court would conclude that a genuine mutual mistake was made in 1975. Based on the above, the City Attorney's office is requesting authorization from the City Council to file a lawsuit for reformation in order to correct &his 45 year old mistake. 2 -A RESOLUTION NO.' %r -IS- A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CONTRACTS FOR THE SALE OF SURPLUS CITY PROPERTY LOCATED AT 115 OKLAHOMA WAY AND 332 FLETCHER AVENUE. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute a contract with Phyllis R. Gilbert for the sale of surplus City property at'115 Oklahoma Way at a purchase price of $9,700.00. A copy of said contract, marked Exhibit "A", is attached hereto and made a part hereof. Section 2. That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute a contract with Gayle Segers for the sale of surplus City property located at 332 Fletcher Avenue at a purchase price of $6,500.00. A copy of said contract, marked Exhibit "B", is attached hereto and made a part hereof. PASSED AND APPROVED THIS 19th DAY OF AUGUST, 1975. APPROVED: "r MAYOR `.ATTEST: ' �rC I TY CLERK C O N T R A C T i THIS AGREEMENT made at -Fayetteville, Arkansas, on the a�4 day of 19 76,_by the City of Fayetteville, Arkansas, a municipal corporation, hereinafter referred tc as "Seller", and Phyllis R. Gilbert hereinafter referred to as "Purchaser". In consideration of the covenants each to the other, as herein set forth, the parties agree as follows: 1. Seller shall sell and convey and Purchaser shall purchase, on the terms and conditions hereinafter set forth, the rea: property, together with improvements thereon, consisting of a dwelling house,' and all appurtenances thereto, situated in the City of Fayetteville, Arkansas, at 115 Oklahoma Way, more particularly described as follows: Part of the Southwest Quarter (SW -a) of the ,Northeast Quarter '(NE-y) of Section Fifteen (15) in Township Sixteen '16) North of Range Thirty (30) West of the 5th P. M. i;n Washington County, -Arkansas, more particularly described as follows; to -wit: Beginning at a point 396.77 feet North of the Southwest Corner of said 40 acre tract, thence South 890 26' East 9S feet; thence South 126 feet;thance West' 70 feet; thence North 110 08' 29" West 129.38 feet to the point of beginning, containing 10,395 square feet, pore or less. 2. The full purchase price for the property is $9,700.00 , which shall be paid in cash or by certified check on the date of , closing. !. 3. On payment of the purchase price as herein provided, or assurance of its payment.satisfactory to Seller, Seller stall execute and deliver a deed describing the property and conveying the same to Purchaser or his nominee. 4. Seller shall furnish for Purchaser's examination a com- plete abstract of title showing condition of the title of the property as'of the date of issuance of the abstract. The abstract shall remain the property of Seller pending completion of this -2- 6. If any title restrictions, defects or burdens appear on the abstract, to which Purchaser objects, such objections shall be stated in writing to Seller prior to the date of closing and Seller shall be allowed a reasonable time, but not to exceed thirty (30) days, in which to correct the same. If Seller is c unable or unwilling to do so, Purchaser at his option may ter- minate this contract and recover his deposit and costs, or pursue any other remedy available to Purchaser in law or equity. 7. Time is expressly declared to be of the essence of this contract. The contract shall be executed and completed, and sale closed, -on or before ten (10) days from the'date set by Seller for the receiving -and opening of competitive bids for the purchase of the property.herein described. Each party shall fully perform all his obligations hereunder at such times as to insure closing within the period herein specified, or any extension thereof. 8. Possession of the property shall be delivered within 5 days after closing. Purchaser has inspected the property, including improvements thereon, and accepts the same in their present condition. Seller shall maintain the improvements, including the plumbing, heating and electrical systems therein, , in good working order, to the time of transfer of possession, but all obligations of Seller with respect to maintenance shall terminate at the date of transfer. 9. Risk of loss or damage to the property by fire, storm, burglary, vandalism, or other casualty, between the date of this agreement, and closing, shall be and is assumed by Seller. If.the improvements or personal property, or both, are damaged or destroyed, in whole or in part, by casualty prior to closing, Purchaser may cancel the contract. -3- 11. No right or interest of Purchaser hereunder shall be assigned without the prior written consent of Seller, which consent shall not be unreasonably withheld. 12. No modification of this contract shall be valid or binding unless such modification is in writing, duly dated and signed by both parties. 13. This instrument constitutes the entire agreement between the parties. Neither party shall,be bound by any terms, conditions, statements, or representations, oral or written, not herein contained. Each party hereby acknowledges that in executing this contract, he has not been induced, persuaded; or motivated by any promise or representation made by the other party, unless expressly set forth herein. All previous negotiations, statements, and preliminary instruments by the -parties or their representatives are merged in this instrument.. 14. This instrument shall not be effective as a contract until duly signed by both parties. The execution and effective date of the contract is the date first hereinabove set forth. The date of signature by each party is the date set forth unless otherwise indicated after his signature. IN WITNESS WHEREOF, the parties have executed this instrument on the day and year.first above written. CITY OF FAYETTEVILLE, ARKANSAS, A ATTE-&4�,, - ` , 1 CITY CLERK I Municipal Corporation (SELLER) MAYOR WE 9A. M� . � r AFFIDAVIT TO CONTRACT RECORDED AT DEED REF. 893- 581 AND SURVEY PLAT (UNRECORDED), WASHINGTON COUNTY, ARKANSAS, CONFIRMING SCRIVENER'S ERROR WITHIN LEGAL DESCRIPTION ON RECORDED CONTRACT AND SUBSEQUENT DEEDS. STATE OF ARKANSAS ss COUNTY OF WASHINGTON BEFORE ME the undersigned notary public personally appeared Daryl V. Doyal P.S.#1514 AR, who after being duly sworn deposes and says: I am Professional Surveyor for the City of Fayetteville, Arkansas. 2. The City of Fayetteville, Arkansas, prepared the legal description for the Quit Claim deed which is recorded in Deed Ref. 168-408 (original lot), 893-581 (Deed from City of Fayetteville, AR to Phyllis R. Gilbert) and Survey Plat Ref. Neil Albright, PLS # 273 AR. That the above -described document, 893-581 and Survey Plat contained a scrivener's error with the commencing call (396.77 feet error versus 527 feet correct). The scrivener's error is in bold as follows: A part of the Southwest Quarter (SW A) of the Northeast Quarter (NE %) of Section Fifteen (15), Township Sixteen (16) North, Range Thirty (30) West, of the 50' P.M. in Washington County, Arkansas, being more paticularly described as follows, to -wit: Beginning at a point 396.77 feet North of the Southwest Corner of said 40 acre tract, thence South 89026' East 95 feet; thence South 126 feet; thence West 70 feet; thence North 11 °08'29" West 129.38 feet to the Point of Beginning containing 10,395 square feet, more or less. That the correct wording is in bold type as follows: A part of the Southwest Quarter (SW %) of the Northeast Quarter (NE %) of Section Fifteen (15), Township Sixteen (16) North, Range Thirty, (30) West, of the 51' P.M. in Washington County. Arkansas, being more particularly described as follows, to -wit: Beginning at a point 527 feet North of the Southwest Corner of said 40 acre tract, thence South 89026' East 95 feet; thence South 126 feet; thence West 70 feet; thence North 11 °08'29" West 129.38 feet to the Point of Beginning containing 10,395 square feet, more or less. FURTHER AFFIANT SAYETH NOT. Darrk� Do y I S. #1 14 R Professiona,,�urvey-r City of Fayetteville, Arkan as SWORN TO AND SUBSCRIBED before me this J/-/h day of l rlh9h7Ge% k , 2019, and is personally known to me. My Commission Expires: yvpt? n •'' LX ONES My COMMISSION # 12365157 Notary ubl .t EXPIRES: May 1, 2U2t3 WWh4,9toj County , WARRANTY DEED : (This Document being recorded to comet tancireplet0 Contract and its subsequent WD recorded as Documents 893-581 and 854:=5.46 qranted!'s name,as well as a scriveners error in the legal descriphon,,thereof) BE IT KNOWN BY THESE PRESENTS: 011111_11.01210111961111111:!IIR1151 , arid: WARRANTY DEED. at .... ,..t.,,,, ,,,„, .,Redtirded:.08/1S/2021, cu.:.111:1V All ee Atilt! 'VS;00 Page I 'ef 1 . THAT Gelder! F. Gilbert, an unmarried individual, hereinafter called 'wFashin-4-ton• county AR . _ .' t clerk GRANTOR;for good and. valuable.consideration receiVedi the receipt of whigh is ksdo, Sylvester Circuit .. ., • . hereby acknowledged, do-hereby:grant,bargain, sell and-convey unto the City of Fayettevitlei ..Arkansas, a. municipal corpgration,. hereinafter called ' File _ . - - GRANTEE, and unto Grantee's successors and atsignt,the following described land situated in the County of Washington, State of Arkansas, to wit ' -- 2021--00030944 .„. A part of the'Sbuthwast Quarter(5W V4)Pf th? NPrtileast Quarter(14F 3/4)of SaotiOn rifteen,(1.5);Township ' Slideeh,(16) Nofth, Range Thirty (30) Westi of the 51h P.M..irt.Wathington:COunty, Arkansas, being more - . particularly.described at follows, to-wit: Beginning at a:point 0677 feet North,of the Southwest Corner of Said 40 acre tract, thence $okith 89°26' East 95J feet thence South 126-feet thence West 70 feet, t000-e. . . Northl'1°0820"West 129.08 feet to the:Point of Begitinitig.:COntaining'I g.,3915%Ward-feet, more or less. . • . . TO HAVE AND TO HOLD the said lands and appurtenances heraiinto belonging unte'the said Grantee.and e , hereby... .,. , „.. . Grantee successors and assigns, forever. And the saidGrantott, Covendritthat they are lawfully seized of said - lands and premises; that the same is unencumbered, and that the Grantore'Wiltforever-,warrehtand defend the title to the said lands against all legal claims whatever. . . . _ • WITNESS the execution hereof on this /A day of . - ' .#41:7".. ,2021_ / . • . , , . . , 0t.: ;Gi10 1.( . ROIENUES-TAMPS AFFIDAVIT The_foregUitigcleed:haS the correct amount Of Revenue Stamps affixed to;it.44.io.eitemot from such stamps City of Fayetteville 1,11 W.Mountain -, Fayetteville,AR 72701 ' . ., ACKNOWLEDGMENT , STATE OF ARKANSAS - . ss. COUNTY OF WASHINGTON , i • . . BE IT REMEMBERED,.thaton.:this„,clate, before,the;undartignecl; a'cluly commissioned and-acting Notary,PUblic - ': Within and for said County and State; •Oeradsnally.,appeared.Garen-F. Gilbert, to me well known as the person(s) Who executed the foregoing document, and who;stated and acknowledged that'Fie/Sfie/theY, had so signed, executed and delivered said iristrurneritfOr the oonaideration,uses and pull:it:ISOtherein trientionedend-aet forth. • WITNESS my hand and seal on this Ic day of - • : • _ :,--2 ?" . V V 1 d',IA, e, „..;,,.. . , _• - „ ,t --- " ,-- . , , 0 4)- .-_ % . . 4- •0 -.... Notary Public (1 ' ' ), . ...,, . MY'CO 1 ON:D.cP4WESt r" '' -':: ..,;, . c) ,,_ - - ,r- Z : ./ :-.. 61,.. 47: e q,-•* ‘' . F --- -OA., NO, A'Z' ' t• ,% . . , _ , . WARRANTY DEED • , (This Document being rumensded to 5 correct and replace a me e's act and its suwellsequent 11111111111111111111011111111111111111111111 III IIII WD recorded as 893-581Dacuments, and 894=546,Grantee's name,as well•as a scrivener's error in the legal description,thereof} Doc ID: 020056440001 Type: REL BE 1T KNOWN BY THESE PRESENTS: Kind: WARRANTY DEED THAT the City of Fayetteville, Arkansas, a municipal, corporation, Fee Amt: .$orded: 15.00 Pape at 09:06:321 AM hereinafter called`GRANTOR;for good and valuable consideration received,the Was h ing o. County, AR receipt of which is; hereby acknowledged, do hereby grant, bargain, 'sell and" Kyle 'Sylvester circuit- Clerk , convey unto Gaylen F. Gilbert, hereinafter called GRANTEE, and unto. File 2O21`-'000`30943 Grantee's. successors and assigns, the-following described land situated in'the: County of Washington, State of Arkansas,.to-wit:. A part of.the Southwest Quarter(SW'/_) of the Northeast Quarter(NE'/).of Section Fifteen (15),Township Sixteen (16) North, Range Thirty (30);West, of the 5th P.M. in Washington County, Arkansas; being more particularly described as follows, to-wit: Beginning:at a point 527 feet North of the,Southwest Comer of said 40.-acre.tract, thence South 89°26' East 95.feet; thence South 126 feet„thence'West70 feet; thence North . 11°08'29"West 129.38 feet to the Point of Beginning containing:1,0,395 square feet,more.or less. TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging•.unto the said Grantee and Grantee's successors and assignst 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. r urn the I5 da ofar-__ ,2021. WITNESS 1 ereof on thisy i [Seal] p% City ;_,aye ,Arkansas, —o•li41:7.FAYETfEVILLE: :4,4T A ic'tpa corp.() tion A ST; , ;N G TO ••, By:`, Li neld Jor aYof ~ u l � - + t REVENUE STAMPS AFFIDAVIT • L'isa ranson, Deputy City Clerk The foregoing deed hasithe correct amount of Revenue ';: - Stamps:affixed to,itor Is:exempt from:such stamps City..of.`Fayetteville. 113 W.Mountain Fayetteville,AR 72701 ACKNOWLEDGMENT - STATE OF ARKANSAS ,) ss. COUNTY OF WASHINGTON ) BE IT REMEMBERED, that on this date,.before the undersigned, a duly commissioned and acting:Notary Public within and for said County and State, personally appeared Ltoneld Jordan and Lisa Branson, to me Well known et the persons:who executed the foregoing document, and who stated:and acknowledged that they are the Mayor and Deputy City Clerk of the Ciity of Fayetteville, Arkansas, a municipal corporation .and are duly authorized in their respective capacities to execute the,foregoing instrument for and in,the name and behalf of said.municipal corporation; and further , stated and acknowledged that they had so:signed, executed and delivered.said-instrumerit for consideration, uses and purposes'therein mentioned and.set forth. WITNESS my hand and seal on this 1 day of ,5 , 2021. MY COMMISSION EXPIRES: 4/1Ik - lr:----- - 5/15=f 7? BLA'KE E PENNINGTON _ i Notary Public. yot3ry.Pubiic-Arkansas Washington County - My Commission Expires 05-15-2022 Commission# 12388039 ' SETTLEMENT AGREEMENT The City of Fayetteville, Arkansas,a municipal corporation("City") and Gaylen Gilbert, an unmarried individual ("Gilbert")hereby enter into this settlement agreement for purposes of settling all issues related to the City's claims for reformation of deeds currently pending in Washington County Circuit Court Case No. 72CV-21-1453 (City ofFavetteville v. Gilbert). The City and Gilbert hereby agree as follows: 1. On August 21, 1975,the City and Phyllis R.Gilbert signed a contract for the sale of the real property located at 115 Oklahoma Way.The contract describes the property as _. "consisting of a dwelling house"and"containing 10,395 square feet,more or less"and also included a legal description obtainedirom a survey by Neal Albright dated February 4, 1975. 2. The Albright survey contained an incorrect legal description,which caused the City to convey the wrong parcel of land to Allan and Phyllis Gilbert,Gaylen Gilbert's predecessors in title.Rather than receiving title to property with a house, Allan and Phyllis received a deed for an unimproved lot south of the house.This error Continued through the chain of title and now Gaylen Gilbert also does not have record title to his home. 3. Gilbert agrees to convey to the City,of Fayetteville by Warranty Deed the unimproved property south of 115 Oklahoma.Way that was erroneously conveyed to Allan and Phyllis Gilbert in 1975 because of the surveying error.A copy of the correction deed is attached to this settlement agreement as Exhibit A. 4. The City agrees to convey to Gilbert by Warranty.Deed the property commonly known as"115 Oklahoma Way which contains Gilbert's home.This is the property the City intended to convey to Allan and Phyllis Gilbert in 1975. A copy of the correction deed is attached to this settlement agreement as Exhibit B. 5. The City of Fayetteville agrees to pay all costs associated with filing the' 'correction warranty deeds with the Office of the Circuit Clerk and Ex-Officio Recorder for Washington County,Arkansas. 6. The City of Fayetteville agrees that,once the Warranty Deeds(Exhibits A and B) - have been filed,the City will dismiss with prejudice the pending lawsuit,Washington County Circuit Court Case No. 72CV-21-1453. GAYLEN GILBERT CITY 0 FA EVILLE,,ARKANSAS By: _? _ a en ' ert ayor eld-Jordan • Date: : 1,2 '/f Date: Jlr.. Z . . .WARRANTY DEED .. .., . - ,(This Document being recorded to cprreCt Andreliface.a Centrabt and its subsequent WD _ EX BIT recorded as Documents 893;581 and 894-848,Grantee's name,as well as a,Scrheefier's-error in , I the legal description,-thereof) ) a SE IT KNOVVN BY THESE PRESENTS: ) . , THAT :Gaylen F. Gilbert, an unmarried individual, hereinafter called _ • GRANTOR, for good and valuable consideration received, the reCeipt of which is .4 .2 hereby acknowledged,dotiereby,Orant„: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 Manta*to-wit: - . , . . . . , -_ -_A part of the Southwest Quarter(SW 1,A) of the Northeast'Quarter.(NE•%) of Section.Fifteen (15), Township • ' ' ' Sixteen (16) North, Range Thirty (30) West, of the Sth P.M. in WashingtonCounty, Arkansas, being_mire` particularly described as follows, *wit Beginning at a point 396.77:feet North of the Southwest Corner of said,40 acre tract, thence South 8$626! EaSt,"95,feet; thence South 120 feet. thence West 70!'feet:thanoe. ••North 1160'297 West;129,08.feet_tb the Point of Beginning containing-10,395 square feet, more or less: , . _L TO HAVE AND. TO HOLD the said:.lands and appurtenancest heretmto,belonging unto the said Grantee and , . , . . .And . , Grantee's-successors and' assigns,**ever ., the said-Grantors, hereby covenant thatttheyara:,lawfulfy.,Seized.tit said lands and PrerniSes;,lhatithe same is Lineriotithbered, and that the Grantors will forever Warrant and defend the the _1 saidlandsagaihst'all legal clairnSwhatovor. ( WITNESS the execution hereof.on _ _ ,2021.this day of . •. . . • . . : - ______ • -- - . , GaylerIF-.Gilbert- . • " , f ,REVENUE STAMPS AFFIDAVIT , - The fdregoing,deed has the correct amount of Revenue Affixed Or itdr icrexernrkfroM sucti-AfampC.. City of Fayettevilte 113 W.It4000tAin :. , •Fayettellille,AR 72701 , . . . (ACKNOWLEDGMENT " - - STATE OF ARKANSAS ss. COUNT(OF WASHINGTON- ;. :} / ,. BE IT REMEMBERED,..that..00 this• datPi before.the lfIrttiOttighedi:a dilly commissioned and acting Notary Public _ , . , . . Within and for said County and State, personally appeared Gaylen F., 'Gilbert, to me well known as the person(s) who executed the foregoing document, .and who stated and-acknowledged that he/she/they had so signed, executed and • detiveredTealdinetriirnent for the consideration, uses and purposes therein set forth. , — . . . VVITNESS,_my hand and seal on this day of ,2021. • , . . , Notary Public MY COMMISSION EXPIRES: _ . . , ., . , - WARRANTY DEED (This Document being recorded to correct and replace a Contract and its subsequent EXHIBIT WD recorded as Documents 893-581 and 894-546,Grantee's name,as well as'a scrivener's error in the legal description,.thereof) BE IT KNOWN BY THESE PRESENTS: • THAT the. City of Fayetteville; Arkansas, a municipal;corporation, - hereinafter called GRANTOR, for good and valuable consideration received; the receipt of which is, hereby acknowledged,, do hereby grant, bargain, `sell and ;convey unto Gaylen F. Gilbert, 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: - A part of the Southwest,Quarter(SW Y) of the Northeast Quarter.(NE%)4of Section.Fifteen (15), Township Sixteen (15), North, Range Thirty (30),West, of the 5th P.M. in Washington County„Arkansas, being more particularly described as follows, to wit: Beginning at a point 527 feet North of the Southwest Corner of said 40-acre tract, thence South 89°26' East.95 feet; thence South 126 feet; thence West 70 feet, thence North 11°08'29°West 129.38 feet.td thePoi"nt of Beginning containing 10 395 square feet; more.or less. TO HAVE AND TO HOLD;the said lands and: appurtenances hereunto belonging untoi the;said Grantee, and Grantee's successors and assigns, forever. And the said Grantors, hereby covenantthat 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 the day of _ ,,2021. [Seal] City of Fayetteville,"Arkansas, A municipal:corporation By: - _ ATTEST: Lioneld Jordan, Mayor REVENUE STAMPS AFFIDAVIT Kara Paxton, City Clerk Treasurer The foregoing;deed has the correct amount of Revenue Stamps affixed to it or is exemtitfrom such.stamps., . City of Fayetteville 113 W.Mountain Fayetteville,AR 72701 ACKNOWLEDGMENT STATE OF ARKANSAS ) SS. COUNTY OF WASHINGTON - ) BE IT REMEMBERED,that on this date; before the undersigned, a duly\comrnissioned and acting.Notary Public. within and for said County. and State; personally appeared Lioneld Jordan and Kara_ Paxton, to me well known as the persons who:executed the foregoing document, .and who:stated and acknowledged that_they are the Mayor, and City Clerk Treasurer of the_City of Fayetteville, Arkansas, a municipal corporation, and are duly-authorized' in their respective capacities:'to execute the foregoing instrument,for and in the name-and behalf of said municipal corporation, and, further stated and, acknowledged that they had so signed, .executed .and delivered said`"..instrument for the, consideration,uses and purposes therein mentioned and set forth. - WITNESS my hand and seal on this day of - ,2021,. MY COMMISSION EXPIRES: Notary Public