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RES NO 07-02-2019 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.01.7 -0a,-2019 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION APPROVING THE PURCHASE OF CERTAIN REAL PROPERTY; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren,Arkansas, owns a water works system and a wastewater collection and treatment system, both being operated, maintained and administered by the City of Van Buren Municipal Utilities Commission(Commission)pursuant to Ordinance 9-1965; and WHEREAS, the Commission has determined that additional real property is needed for the purpose of the construction of a new Wastewater Pumping Station to replace two (2) outdated and deteriorating Wastewater Pumping Stations; and WHEREAS, after negotiating with the seller of the certain real property, as described in the attached Resolution dated July 16, 2019,the Commission wishes to offer in good faith to purchase said property for the amount of$9,408.00; and WHEREAS, the Commission has expressed its desire to purchase said real property as described in the attached Commission Resolution, subject to the approval of the Van Buren City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Van Buren City Council hereby authorizes the Van Buren Municipal Utilities Commission to purchase certain real property for the total sum of$9,408.00 utilizing City of Van Buren Municipal Utilities Capital Improvement Funds. SECTION 2: The Mayor is authorized and directed to execute such documents and instruments as may be necessary to proceed with and finalize the purchase of said property, and the City Clerk is hereby authorized and directed to attest same. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 5 for and 0 against, the foregoing Resolution at its regular meeting held on the 22"d of July 2019. r Jose•h P. H44517111--/ rs - 1(-61-3/— .f ayor ATTESTED: APP'i=4 •.. • i ' ,...p.A.. 6„;2./evemxt.<2) `` Ph lis Thomas Candice A. Settle City Clerk/Treasurer City Attorney RESOLUTION A RESOLUTION RECOMMENDING THAT THE MAYOR AND CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS AUTHORIZE THE CITY OF VAN BUREN MUNICIPAL UTILITIES COMMISSION TO PROCEED WITH THE PURCHASE OF CERTAIN REAL PROPERTY • WHEREAS,the City of Van Buren,Arkansas (City),owns a water works system and a wastewater collection and treatment system,both being operated,maintained,and administered by the City of Van Buren Municipal Utilities Commission(Commission)pursuant to Ordinance 9-1965,and WHEREAS,The Commission has determined that additional real property is needed for the purpose of the construction of a new Wastewater Pumping Station to replace two(2) outdated and deteriorating Wastewater Pumping Stations, and WHEREAS,the purchase of additional real property is absolutely necessary for the public good and benefit in order to maintain the proper operation of the City's Wastewater Collection System,and • WHEREAS,the lack of additional real property could cause adverse health effects and the City I to be in non-compliance with Arkansas Department of Environmental Quality issued Permits,it is necessary to purchase additional real property as soon as possible,and • WHEREAS,upon the Commission's best information,knowledge, and belief the value of said 5 real property is as listed below. The Commission,after negotiating with the seller of the certain real property,wishes to offer in good faith to purchase said real property for the amount listed below. Legal Description Part of the Northwest Quarter(NW/4)of the Northeast Quarter(NE/4)of Section 32,Township 9 North,Range 31 West,Van Buren,Crawford County,Arkansas,more particularly described as follows: Commencing at the Northeast Corner of the NE/4, of said Section 32;thence N89°50'46"W along the north line of said NE/, 1717.63'to the Point of Beginning;thence S00°52'19"W 194.70' along the west line Lot 1,Heather Oaks Addition to the City of Van Buren,to the Southwest Corner of said Lot 1,thence N87°13'02"E 11.99';along the south line of said Lot 1,Heather Oaks Addition;thence Si3°45'40"E 181.02'; along the southwesterly line of Lots 94,95, and 96 of Rickey Addition Phase II to the City of Van Buren;thence S76°14'20"W 290.61'to the east top of bank of Flat Rock Creek;thence N46°29'20"W 169.28' along said creek bank;thence N25°40'40"E 170.25 along said creek bank to the north line of , said NW/4,NE/4,to the Point of Beginning,containing 3.71 acres more or less,and being subject to easements and rights of way. Purchase Price Nine Thousand,Four Hundred,and Eight Dollars ($9,408.00) NOW,THEREFORE,BE IT RESOLVED BY THE CITY OF VAN BUREN MUNICIPAL UTILITIES COMMISSION,THAT: (1) The Commission hereby recommends that the City Council authorize the Commission to purchase the afore described real property for the amount listed above utilizing City of Van Buren Municipal Utilities' Capital Improvement Funds,and (2) The Commission hereby recommends that the City Council does authorize and direct 1 the Mayor to execute such documents and instruments as may be necessary to finalize the purchase of said real property, and authorize and direct the City Clerk to attest same. 1 1 • i a 9 PASSED this RD4? day of ,2019. 1 s 1 o • S 1 Jim Williamson,CHAIRMAN s s : i ATTEST: (.Y1 . ��► i 6,.� ' 1 G7S)Kathy,Geppert, SECRETARY os i i k S s 1 I Z 3 3 Y , s Offer to Purchase Real Estate • THIS OFFER TO PURCHASE REAL ESTATE(the "Offer") • IS MADE BY: City of Van Buren Municipal Utilities of 2806 Bryan Road,Van Buren,AR 72956 (the "Buyer") -TO- Dr.Hassan Masri,M.D. 1616 Rannoch Tree,Fort Smith,AR 72908 (the "Seller") Background The Buyer wishes to submit an offer to purchase a certain property from the Seller under the terms stated below. IN CONSIDERATION OF and as a condition of the Seller selling the Property and the Buyer purchasing the Property(collectively the "Parties") and other valuable consideration the receipt of which is hereby acknowledged,the Parties to this Offer to Purchase Real Estate agree as follows: Real Property • The legal description of the Property is as follows:Part of the Northwest Quarter(NW/4)of the Northeast Quarter(NE/4)of Section 32,Township 9 North,Range 31 West,Van Buren,Crawford County,Arkansas, more particularly described as follows: Commencing at the Northeast Corner of the NE/4,of said Section 32;thence N89°50'46"W along the north line of said NE/, 1717.63'to the Point of Beginning;thence S00°52'19"W 194.70' along the west line Lot 1,Heather Oaks Addition to the City of Van Buren,to the Southwest Corner of said Lot 1,thence N87°13'02"E 11.99'; along the south line of said Lot 1,Heather Oaks Addition;thence S13045'40"E 181.02'; along the southwesterly line of Lots 94, 95,and 96 of Rickey Addition Phase II to the City of Van Buren;thence S76°14'20"W 290.61'to the east top of bank of Flat Rock Creek;thence N46°29'20"W 169.28' along said creek bank;thence N25°40'40"E 170.25 along said creek bank to the north line of said NW/4,NE/4,to the Point of Beginning,containing 3.71 acres more or less,and being subject to easements and rights of way which includes the fixtures and improvements Page 1 of 4 located on the Property that ate listed within this Offer.All property included within this Offer is referred to as the "Property". Sales Price The total purchase price of Nine Thousand,Four Hundred,and Eight Dollars($9,408.00)(the"Purchase Price"),subject to adjustments at closing that is to be paid for the Property by the Buyer will be paid in cash or equivalent at closing. Closing&Possession The Closing Date should'occur within ninety(90)days of the date of agreement at a date and time agreed upon by the Parties,at which point the Buyer will take possession of the Property. • Conditions • The Buyer's obligation to purchase the Property is contingent upon the following enumerated condition(s): a. The Seller must provide the Buyer with proof of marketable title to the Property which is free and clear of all claims against the Property by the Closing Date. Seller shall furnish,at Seller's costs, the cost of a combination owner's and mortgagee's policy of title insurance,either standard or enhanced,in the amount of the purchase price. b. Before the Closing Date,the Property must be appraised at a value that is equivalent to of more than the total purchase price. The cost of the appraisal will be covered by the Buyer.The Buyer can waive this condition on or before the Closing Date. c. The Seller must complete a disclosure form containing at least the disclosures required by the laws of Arkansas. d. Property takes shall be prorated at closing. e. Seller shall pay for any fees or penalties associated with the release of any lien or encumbrance 1141 created or suffered by Seller with respect to the Property and the cost of any transfer taxes and documentary stamp taxes applicable to the sale of the Property. f. The Van Buren City Council must authorize and approve the purchase by Buyer. • • Notices • • Page2of4 All notices pursuant to this Offer must be written and signed by the respective party or its agent and all such correspondence will be effective upon it being mailed with return receipt requested,hand-delivered, electronically submitted via email, or transmitted by facsimile as follows: • • Buyer: Seller: Name: City of Van Buren Municipal Utilities Name: Dr.Hassan Masri,M.D. Address:2806 Bryan Road,Van Buren,AR Address: 1616 Rannoch Tree,Fort Smith, 72956 AR 72908 Phone: (479)474-5067 Phone: (479)221-7775 • Severability If any terms or provision of this Offer will,to any extent,be determined to be invalid or unenforceable by a court of competent jurisdiction,the remainder of this Offer will not be affected and each unaffected term and provision of this Offer will remain valid and be enforceable to the fullest extent permitted by law. Interpretation Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Offer. Words in the singular mean and include the plural and vice versa. Words in the masculine gender mean and include the feminine gender and vice versa.Words importing persons include firms and corporations and vice versa. 1 Time of Essence Time is of the essence in this Offer. Every calendar day except Saturday,Sunday or US national holiday will be deemed a business day and all relevant time periods in this Offer will be calculated in business days. Performance will be due the next business day,if any deadline falls on a Saturday, Sunday or US national holiday.A business day ends at 5 p.m.local time in the time zone in which the Property is situated. - t Buyer's Offer This is an offer to purchase the Property on the above terms and conditions. • pps' Page 3 of 4 • Buyer: Date: 7/E/ CI? City of Van Buren Moicipal Utilities Steve Dufresne,Director of Utilities Seller's Acceptance/Counter-Offer/Rejection Acceptance of offer to purchase: The Seller accepts the foregoing offer on the terms and conditions specified above,and agrees to convey the Property to the Buyer. • Counteroffer: The Seller presents for the Buyer's Acceptance the terms of the Buyer's offer subject to the exceptions or modifications as specified in the attached addendum. • Rejection: The Seller rejects the foregoing offer. - • Seller: / . 117 7 Date: 7/?'///.4 Dr. Hassan Masri,M.D. • a 3 Page 4 of 4 's..s•.----,...w.aw.v.emaim-...end,see.rn.naw.a...r...+n -..u..-- _. — • • �� �_I Vii• I I `¢ K .l 1 f I C '—'-- ii INDUS/RIAL PARK ROAD_ . _1r,dust BE�Ixvt lcl __ g �.:aa,,�,,�.r.: _. S88'50'46'"364..78'^----— — -- _e -_ �_�_ g so yew—f717.9r .��_��-. ' T5':ry •TRIP.•,5+sj-Jc....;� Rn:�'' -{e^•: =�.. 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'' _ ' L5,4 '" 1pl tar Sr � y51 1 tSANITARYWARN t1NE >xf 2 � s %�s c y'� ,---- f_�ittli .V‘-'•.;h .....7. ,•___ avenlfAp 1EtEPlrutE CD ar $ ',b. rs 1 is 1 -- %/-__ rgERemrsm R7EP roe a L .1. N9 1 1!, CLVIOaR WC Z t c 4 \ � 290.81' 1e'\t 7 r- 1 ° >L b s 3. rig • R1Ulr Of RAr 57614'20 ��' 4 ^' M �,• lt000NArLRNr - a so I It. 1 1 ^ Tao EAR TOaMLAjrJ MOT 1 q \ sir roc YEAR BAY ac0o EL VAlrar i l �r p Property 0•sartPgM $ Part of the Northwest Quarter(N8/1J or the Northeast opener(NC/9,1 of Ration SQ roanehto 9 North,Range 21 Nos,Woo evren,Onerfarrl County, - • Adman.more particoloNy described es follow I cn Sarwyoa Notes; Caamonayg al the Northeast Caner of the NC/4,of soh!*dim S2; l l 4. 1. The property ham-h surveyed ties hrtt+in tdml.Tiad Rood Milord area based on FIRAl, thence Nf1930'I8•W,Wong the north line of saki NV.!MAC Co the Point of 9delina t Mince 507,5279'W 1P470'Wong the esti line of Lot I.Heather Ool r`'„ 17ood Insurance Rote Mop for Yon Wed CrawffM County,Arkansas,Nap Mambo' Addillen to the COy of Vas earn,to e o sold id ease eor sod Lot!;thence trNj OBOJJCa78o,a leap revised December y 7010.Floadadx Roeephrin and Oase Rood eewtkvh N8773'077'11.98:Wog the south!ho of sou iot!,Heaths•Oaks Addlflar, town G bared on digital!food mop,snpehnposed on lids surmp. thence SdM95 10•f 181.02:along the edit,s:Stair lane of ids 99,9$and 98 of ff(�ey Addition Phase II la the Gly of Von ewer:thence 5761420.1e 290.5rto z 2. 8eerM9 system assumes(north line 158911920 U posed on presets survey by Hoffman-Prtsle• Na serf Jap of bank of flet Rock Croat lhmm Nfe772p'Nn f89,Y8'Wm said '� 0111 and Aso-veletas Ina,doted July 8,1988,Ai no.12595 ed fled October 7, 1988,Crawford Week 9 (t 4 ', Catty Ckcuif Gork in So e X hogs A bank'Nance week boo014,8380'along said creek bank;thence N75372l 10430'along sold bola thence N?.S JO'90'E 770.25'Wang wad wed bank 3. Perimeter preyaerfy eornors how talon set or sealed ehero conditions dam STP-indicates sot to Me north file of said NWA N£/!,•Mance SR8•sQ48 E 38<.J8'along told 5/8118•steel rotor with plastic cop clamped 7 S 1781: north lite of the NW/f,N£/f,to the Pohl of end rafts of aeiwhg,F,)I acres \ 6 more or loss,and bring sabllfet to easements and ra is of rays •223 • • 42s'•• s(1 2 s$ . l'• un is-ag ' DRAFT 45_ g11' VI • QA.,„ JAKARr 2nt95Na 1r.94. OF/ mimeo ay: .1 »' IMAM 011 SN NNLL Her2511_9M9 awc.Na.s P9 o-.. Survey Plat Coda 500 MN STN 0 J7 HMee O 17 1791 r 1 nanor 1