HomeMy WebLinkAbout973ORDINANCE NO. If 73
An Ordinance vacating First or Church Street in the City of
Batesville, Arkansas, between College Street and Boswell Street,
the north half of Center Street between St. Louis Street and the
east line of Lot 8, Block 4 of Highland Addition and the south
half of Center Street between St. Louis Street and the east line
of Lot 4, Black 3 of Highland Addition to the City of Batesville,
Arkansas.
WHEREAS, a petition was duly filed with the City Council for,
the City of Batesville, Arkansas, on the 8th day of September,
1981, asking the City Council to vacate and abandon the sections
of the above referenced streets as designated on the plat of High-
land Addition to the City of Batesville, Arkansas, now appearing
of record in Deed Book N-2, Page 166 of the Independence County
records.
WHEREAS, after due notice as required by lad, the Council
has, at the time and place mentioned in the resolution, heard all
persons desiring to be heard on the question and has ascertained
that the streets described above have heretofore been dedicated to
the public use as a street as herein described; have not been act-
ually used by the public generally for a period of at least five
(5) years subsequent to the filing of the plat; that all the owners;
of the property abutting upon the portions of the streets to be
vacated have filed with the City Council their written consent to
such abandonment; and that the public interest and welfare will
not be adversely affected by the abandonrL��nt of such streets. The !
city shall retain an easement in the 6 inch waterline running north
land south through Church Street from Boswell to College Street,
being 10 feet wide, 5 feet on either side of the waterline.
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City of Batesville, Arkansas: v
Section 1.
The City of Batesville, Arkansas, does hereby
release, vacate and abandon all its rights, together with the right
of the public generally, in and to the streets designated asfollowd:
That portion of First or Church Street between College
Street and Boswell Street, that portion of the north
half of Center Screet between St. Louis Street and the
east line of Lot 8, Block 4 of Highland Addition and
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APPLICATION FOR CLOSING OF STREETS
ITO: CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS:
Safeway Stores, Inc.,
Comes the petitioners, Charles Henry Beel, Bobby J. Beel,
(Doris C. Cain, Arthur N. Montgomery and Linda L. Montgomery, his
(wife, Savoy Montgomery and Pauline Montgomery, his wife, James
Porter Bone and Patricia Bone, his wife, Jo Loraine Smiley, Bobby
Dixon and Amanda Gammil, and make this application for the closing!
i
of First or Church Street in the City of Batesville, Arkansas,
(between College Street and Boswell Street, and for the closing of
the north half of Center Street between St. Louis Street and the
east line of Lot 8, Block 4 of Highland Addition to the City of
Batesville, Arkansas and for the closing of the south half of
Center Street between St. Louis Street and the east line of Lot
4, Block 3 of Highland Addition to the City of Batesville, Arkansasj,
and in support thereof, state:
1. Petitioners are the owners of Lots 3 and 4, Block 1 and
Lots 1 and 2, Block 2 of the original City of Batesville and Lots
1, 2, 3 and 4, Block 3 and Lots 1, 8, 9 and 10 of Block 4 of High-!;
land Addition to the City of Batesville, which lots are adjacent
to the streets which petitioners propose to close.
2. The Petitioner, Safeway Stores, Inc., has acquired
options to purchase all the above described lands.
3. That portion of Center Street described in the intro-
ductory paragraph herein, has never been officially opened or
paved and has not been used by the general public for more than
the last five (5) years.
4. First or Church Street between College and Boswell
Streets has never been officially paved or maintained by the City
and has not been used hN, tht- (TP7'Pra I ni li ,l ; n fnr Z n +-h- 1 i -a-
five (5) years.
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5. This is the first application filed for closing of thesd
streets.
6. Petitioner, Safeway Stores, Inc., will pay the cost of
public notice and for the conduct of the public hearing.
7. The Petitioner, Safeway Stores, Inc., proposer to build
low
that portion of the south half of Center Street
between St. Louis Street and the east line of
Lot 4, Block 3 of Highland Addition to the City
of Batesville, Arkansas.
Section 2.
A copy of the ordinance duly certified by the
(City Clerk shall be filed in the office of the recorder of the
county and recorded in the deed records of the county.
Section 3.
The City retains an easement to the 6 inch wat
line running North and South through Church Street from Boswell to
College Street and the right to repair, replace and maintain the
line; the easement being 10 feet wide and lying 5 feet on either
side of the waterline.
Section 4.
It is hereby declared that an emergency exists
and this ordinance shall be effective from and after its passage.
PASSED this 22nd day of September, 1981.
ATTEST:
CITY CLERK (l J(1j
APPROVED: �
i�iAYO
(a Safeway Store on the above described property, including, Lots
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2 and 3 of Block 4 of Highland Addition to the City of Batesville,
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Arkansas, and this street closing is necessary to complete con-
struction of this project in an orderly fashion.
8. Property owners who would be &ffected by this street
closing have all joined in this petition.
9. The closing of this street will not result in any
hardship to other parties or property owners, will not prejudice
Ithe ultimate planning program of the City Council and the City
Planning Commission and the change would be in the best interest
lof petitioners and the City of Batesville.
WHEREFORE, Petitioners request that notice of public hear-
ing be published as required by law for the closing of the above
streets and that a public hearing on the proposed street closing
be held on September 22, 1981 and that following said hearing the
City Council enact an ordinance closing said streets.
SAFEWAY STORES, INC., CHARLES HENRY
BEEL, BOBBY J. BEEL, DORIS C. CAIN,
ARTHUR N. MONTGOMERY AND LINDA L.
MONTGOMERY, HIS WIFE, SAVOY MONT-
GOMERY AND PAULINE MONTGOMERY, HIS
WIFE, JAMES PORTER BONE AND PATRICIA
BONE , HIS WIFE, JO LORAINE SMILEY,
BOBBY DIXON AND AMANDA GAMMIL,
PETITIONER )
BY
GARY VINSON
i
Attorney at Law
P.O. Box 2732
Batesville, AR 72501
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PARCEL I
AGREEMENT
THIS AGREEMENT is made this 13 Z& day of /�-6vA2y , 1981 between
CHARLES HENRY BEEL, BOBBY J. BEEL and DORIS C. CAIN
hereinafter called seller, and HERMAN NELSON BOYKIN, II, Agent for Undisclosed Buyer
hereinafter called buyer, as follows:
1. In consideration of the payment to seller of -----------------------FIVE HUNDRED and 00100
--------------------------------------------------- DOLLARS (`a500.00 ),
receipt of which is hereby acknowledged, seller hereby grants to buyer the exclusive option, exercisable on or before nine_
(90) days from the date first written above, to purchase fol ----,__
the following described real property and all improvements thereon in the City of Batesville
County of Independence State of Arkansas
j,6
Lots 3 and 4, Block 1, ORIGINAL CITY OF BATESVILLE,
Independence County, Arkansas
hereinafter called said property.
Together with all of seller's right, title and interest in adjoining streets and alleys.
Seller hereby further grants to buyer the right to extend this option for one (1) additional period of ninety (90) days by mailing to seller prior to
the expiration of this option, at the address set forth in Paragraph 2 hereof, written notice of such extension, it being provided that buyer, upon
the exercise of this extension right, shall pay to seller by check or draft an additional deposit of ---------ONE THOUSAND
and 00/100------------------------------------------ DOLLARS ($1,000.00 )
2. The xercis�,o said option shall be by written notice, effective upon mailing or hand delivery, by buyer to seller at
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3. Buyer may, at its expense, during the option and escrow periods, enter upon said property to make surveys and site analyses (including soil
tests).
4. If buyer fails to exercise this option in the manner and within the time herein provided, seller shall retain said deposit (which shall include all
sums paid under the provisions of Paragraph 1), and this agreement shall be of no further force or effect.
5. Upon buyer's exercise of said option, this agreement shall constitute a contract for the purchase of said property on the terms and conditions
hereinafter set forth.
6. The purchase price of
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the said deposit(s), shall be payable on delivery of the deed and completion of the escrow as hereinafter provided. ---6
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7. Within thirty (30) days after buyer's exercise of said option, an escrow covering the purchase and sale of said property shall be opened by �
buyerwith Little Rock Abstract Company
at 214 Louisiana Street,
Little Rock, Arkansas 72201 , hereinafter called escrow agent, and
buyer shall deposit with escrow agent an executed copy of this agreement and seller shall deposit a grant or warranty deed of said property to
buyer and all title papers required by escrow agent or buyer. r
S. Buyer's title to said property shall be evidenced by an owner's policy of title insurance in the amount of the purchase price written by a title
insurer of buyer's choice. Title shall be subject only to current taxes not yet delinquent and shall be free and clear of all other matters not
approved by buyer in writing. Said other matters include, without limitation, all encumbrances, leases, tenancies, rental agreements,
reservations, covenants, conditions, restrictions, easements, rights of way and encroachments onto or from said property. Seller promises to
furnish buyer with copies of all written leases, tenancies and rental agreements and to advise buyer fully as to any not written. Seller further
promises that buyer, at buyer's expense, will be able to obtain a survey confirming that said property extends to the street line of all adjacent
streets and that there are no easements, rights of way or encroachments. Should buyer inform seller of matters not acceptable to buyer, seller
shall -make every effort to correct such matters.
9. Seller agrees that buyer's obligation to purchase said property is subject to satisfaction of the following conditions upon completion of
escrow, and seller further agrees buyer may waive any of the following conditions prior to the close of escrow:
A. Said property will be zoned for retail business use and any zoning shall not impose conditions unsatisfactory to buyer concerning the
construction and operation of any buildings, parking or related improvements. If said property is not so zoned on the date hereof, seller
agrees to file an application to have the property so zoned, or, at buyer's request, to obtain a variance forsuch use within thirty (30) days
atter buyer's notice to do so or buyer's exercise of its option, whichever is earlier. Seller agrees to take all necessary steps to process said
application promptly and properly; provided, however, if buyer desires to file and process said application either in buyer's name or in
the name and on behalf of seller, buyer may do so instead of seller, and seller agrees to cooperate with buyer in obtaining such rezoning
or variance. All expenses incurred in filing and processing said application shall be paid by."4;e&
Form No. R-201 (Rev. 7-79)32 j 111-195 Print
( ) ed in U.S.A.
,'ROOKS & CURRY, INC '4W
CIVIL ENGINEERING & SURVEYING
P. O. BOX 897 PHONE 758-3001
NORTH LITTLE ROCK, ARKANSAS 72115
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Date of Survey: 9-8-81
Scale: 11,=%001
Property Address:
For Use & Benefit of:
ST BEET
SHOPPING CENTER
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This is to certify that the above described land has been surveyed. The corners are marked as shown
and are in accordance with existing monuments in the vicinity.
This certification is for and limited to the parties shown hereon.
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I have examined the attached agreement and
that it is in proper form and com have determined
laws. Patible with all applicable
McSpall = _
• ity Attorneyt
pavid M. Clark,
Deputy
Prosecuting Attorney
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B. Buyer shall have been able to obtain any plats or replats and/or any and all permits, licenses, certificates, or other en-
titlements for use required for the construction arid operation of any buildings, parking or related improvements and access
thereto without the imposition of conditions unsatisfactory to buyer. If buyer %%ithin thirty (3 0) days
of exercising its option does not waive the requirements of this part B, it shall immediately make and promptly and properly
process application for (i) any plat or replat, (ii) the first permit, license, certificate or other entitlement for use in a depen-
dent series of the same, and (iii) all independent permits, licenses, certificates or other entitlements for use, and seller agrees
to cooperate with buyer in obtaining these items including executing necessary applications and documents.
C. The obtaining of the rezoning, variance, plat or replat or any permit, license, certificate, or entitlement for use referred to
in parts A and 13 shall not be considered complete until any review or appeal is finally determined by the highest nonjudicial
body authorized to determine same or until the time for such appeal or review has expired, whichever is later. if suit is
brought to invalidate the rezoning, variance, plat or replat or any permit, license, certificate or entitlement for use, such
rezoning, variance, plat or replat or obtaining of said permit, license, certificate or entitlement for use shall not be considered
complete until final judgment or decree has been entered and the time for appeal therefrom has expired, or, if appeal is
taken, until the appeal has finally been determined.
D. Adjacent to said property, there will be water, electricity, gas, telephone and communication, storm and sanitary sewer
services available, from public utilities, and adequate for any retail business use of said property as referred to in part A
E. If any portion of said property is transected by or separated from another portion of said property and/oris separated
from any portion of the property referred to in part F hereof, or if the property referred to in part F is transected by or
separated from another property described in part F by one or more streets or alleys, said streets and alleys shall be uncondi-
tionally vacated, free and clear of all easements on terms satisfactory to buyer, and title thereto shall be transferred to buyer
concurrently with the transfer of said property and the property described in part F to buyer. Seller agrees to cooperate fully
\vith buyer in obtaining such vacation.
F. The purchase (which term shall include the vesting of title in buyer) of the property described as follows on terms satisfac-
tory to buver:
PARCEL II — Lots 1 and 2, Block -2, Original City of Batesville and
Lots 1 and 2, Block 3, Original City of Batesville.
PARCEL III- Lots 1 and 2, Block 4, Original City of Batesville.
PARCEL IV - Lots 9 and 10, Block 4, Original City of Batesville.
Buyer shall have all the time necessary to satisfy itself as to the conditions set forth in this paragraph, provided buyer proceeds with
reasonable dilieence.
10. Within twenty (20) days after (A) seller has complied with its agreements and promises made herein, (B) all conditions specified
herein have been satisfied or waived, and (C) escrow agent has advised buyer that it is prepared to complete the escrow under the
terns hereof, buyer shall forward to escrow agent the balance of the purchase price and buyer's closing instructions. The escrow
shall close within thirty (30) days of the escrow agent's receipt of buyer's funds avid closing instructions.
11. Seller promises to and shall deliver possession of the property described in paragraph 1 on the date title is transferred.
12. Rents, water charges and real property taxes shall be prorated as. of the date of transfer of title, and each party shall pay half of
the escrow fee. Seller shall pay assessments in full for improvements completed or partia.11y completed prior to�the date hereof,
notary fees, any expense incurred in exam*nation of title, expenses of placing title in proper condition and the title premium and/or
abstracting charges to insure that condition, arid all governmental impositions incurred as a result of the transfer of title to buyer, C,except that buyer shall pay the cost of recording the deed. L
13. Upon buyer's acquisition of title to said property, seller shall pay real estate brokerage commission of — ---_
DOLLARS(S
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Id. If, as a prerequisite to the granting and/or approving of zoning, a variance, platting or replatting or any permit, license, cer-
tificate or other entitlement for use, the granting and/or approving jurisdiction or hody requires the dedication of land to some
jurisdiction, or if any portion of the property is taken by eminent domain or condemnation, or if any improvements on said proper-
ty are destroyed or materially damaged prior to the transfer of title, buyer may (A) terminate this agreement and receive back the
deposit(s), or (B) connplete the purchase of said property with the price reduced by a sum equal to the pro rata per square foot value
of the property required to be dedicated or taken and/or the value of the loss or damage to said improvements.
15. This agreement may be terminated by buyer by written notice to seller if it reasonably appears to buyer that all conditions
specified in this agreement cannot be satisfied within a reasonable time. If buyer so terminates this agreement, seller may retain said
deposit(s). Further, if seller cannot provide buyer with title as required by paragraph 8 hereof or if the agreements and promises
made by seller in this agreement are not performed, buyer may terminate this agreement by giving ten (10) days' written notice to
escrow agent and seller; in the event of such termination, seller shall return said deposit(s) to buyer. Should buyer fail to deposit its
funds or escrow instructions as provided in paragraph 10 hereof, seller may give ter. (10) days' written notice to escrow agent and
buyer; if buyer's default is not cured within such ten (10) days, this agreement shall terminate and seller shall, as its sole remedy, re -
twin the said deposit(s) paid to seller.
16. All rights and obligations of the parties hereto shall bind and inure to the benefit of their respective heirs, personal represen-
taattives, succeors and assigns. T e singular mill) rherein i clude�p�ral�d any gender includes all others.
� .�tO.r�it.v'i^"v"•'�, C�a,
IN WITNESS WI IEREOF, each of saifl parties has executed this Agreement.
11ERI`1AN NELSON BOYKIN, II —L_Y� �.C, e•�
(Agent for Undisclosed Buyer)i��.�,
Char,,,Le�s enry' _B e
\ I3v=— Bnbbb.ee_
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Merman Nelson Boykin; II y
(Buyer) Doris C. Cain (Seller)
Fcrm No. R-201 (Rev. 7-79)321 2 111-1(95) Printed in U.S.A.
ASSIGNMENT OF OPTION
For value received, Herman Nelson Boykin, II, hereinafter
referred to as Assignor, hereby assigns to Safeway Stores,
Incorporated, a Maryland corporation, hereinafter referred to
as Assignee, all of Assignor's right, title and interest in and
under that certain Agreement dated L".bu��tr, /3 /��/ between
Assignor and Gf�c�izL�s ,6�rv2v 9,--L 8,5.4, J,(3�'kL ANd t�ae�s C Cr��,u
whereby Assignor obtained from
said Gy re L�rr i�E?JR' � '� , y d. QMH A4_L_J Doe -Is C cxo/ nJ
'the exclusive right and option to purchase the
following described real estate situate in Independence County,
Arkansas.
Go�S ,j ,a,�d QLoc !c 1- o Pts ► AJ aL c,f}, o Q A+c�7✓� LC ��
_' �dc-P�-x�d,y �v c a.' e_e, v,v � � A,e,C.fu►sAs
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for the purchase and on the terms and conditions set forth in said
Agreement. Any real estate commission due shall be paid by Safe-
way Stores, Incorporated in the amount of six percent (60) of the
purchase price, at the close of escrow whereby title is transferred
to Safeway. Such payment is pursuant to Paragraph 7 of the Agency
Agreement. The initial payment provided for in said Agreement was
furnished by said Assignee. Assignee was at all times the real
party in interest in the acquisition of said option, and it is
the purpose of this assignment to confirm Assignee's status as the
actual owner of said option right.
r--bUAct / 9R/
Dated this /3 '` day of 49$8
Herman Nelson Boykin I
EXHIBIT "C"
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_ry peel
bobby J. Beel
Doris C. Cain
Page 2
July 29, 1981
Parcel II - Lots 1 and 2, Block 2 and Lots 1 and 2, Block 3, HIGHLAND
ADDITION to the City of Batesville, Independence County,
Arkansas.
Parcel III - Lots 1 and 2 and the North Half of Lots 9 and 10, Block 4,
HIGHLAND ADDITION to the City of Batesville, Independence
County, Arkansas, and
All that portion of Lot 3 South of College Avenue (not dedi-
cated) and all of Lot 8, Block 4, HIGHLAND ADDITION to the
City of Batesville, Independence County, Arkansas.
Parcel IV - The South Half of Lots 9 and 10, Block 4, HIGHLAND ADDITION
to the City of Batesville, Independence County, Arkansas.
Parvel V - Lots 3 and 4, Block 3, and the South One -Half of Center Street
immediately North of and adjacent to Lot 4, Block 3, HIGHLAND
ADDITION to the City of Batesville, Independence County,
Arkansas.
It is further agreed, for and in consideration of the payment of an additional
deposit of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00), receipt
of which is hereby acknowledged, the exclusive option granted in the agreement
,,. dated February 13, 1981 is hereby extended to and including the 26th day of
September, 1981. The additional deposit shall be applied to the purchase
price if the purchase closes.
Seller hereby further grants the buyer the right to extend this option for one
(1) additional period of sixty (60) days prior to the expiration of this option,
it being provided that buyer, upon the exercise of this extension right, shall
pay to seller by check or draft an additional deposit of Six Thousand and 00/100
Dollars ($6,000.00). The additional deposit shall be applied to the purchase
price if the purchase closes.
Except as herein modified, the R-201 Agreement dated February 13, 1981, Letter
Agreement dated May 20, 1981, shall remain in full force and effect and subject
to all terms and conditions contained therein.
This Letter Agreement has been prepared in triplicate so that you may retain
one fully executed copy for your file.
AGREED TO AND ACCEPTED THIS
S day oft,1981.
Charles HenryBegi
Doris C. Cain
Yours sincerely,)
SAFEWAY STORES /INCORPORATED
7
Bye
p}ieris, Real Estate Representative
PARCEL II
AGREEMENT
THIS AGREEMENT is made this =� �t'7 �% day of 199,
between
� 13 GOME fRY &LINDA L. N�JIVI'GCNIL'RY, his wife, and SAVOY MNTGONERY & PAULINE
here�na ter ca ed�se ersancil e,
HERMAN NELSON BOYKIN, Agent for Undisclosed Buyer
hereinafter called buyer, as follows:
I. In consideration of the payment to seller of -------------------------------------FIVE HUNDRED and
00/100 -----------------------------------------------------DOLLARS ($ 500.00 ),
receipt of which is hereby acknowledged, seller hereby grants to buyer the exclusive option, exercisable onobeninety (90) days from the date first written above , to purchase for----------------- ------------ DOL
the followim, described real property and all improvements thereon in the City of Batesville
County of Independence State of Arkansas bt '
Lots 1 and 2, Block 2, ORIGINAL CITY OF BATESVILLE, Independence County,
Arkansas, and Lots 1 and 2, Block 3, ORIGINAL CITY OF BATESVILLE, Independence
County, Arkansas,
hereinafter called said property.
Together with all of seller's right, title and interest in adjoining streets and alleys.
Sel ler hereby further grants to buyer the right to extend this option for one (1) additional period of ninety (90) days by mailing to seller prior to
the expiration of this option, at the address set forth in Paragraph 2 hereof, written notice of such extensiovided that buyer, upon
on, it being pr
the exercise of this extension right, shall pay to seller by check or draft an additional deposit of ----------ONE THOUSAND
and 00/100---------------------------------------------------- DOLLARS ($ 1,000.00 ).
2. The exercise of said option shall be by written notice, effective upon mailing or hand delivery, by buyer to seller at
3. Buyer may, at its expense, during the option and escrow periods, enter upon said property to make surveys and site analyses (including soil
tests).
d. If buyer fails to exercise this option in the manner and within the time herein provided, seller shall retain said deposit (which shall include all
sums paid under the provisions of Paragraph 1), and this agreement shall be of no further force or effect.
5. Upon buyer's exercise of said option, this agreement shall constitute a contract for the purchase of said property on the terms and conditions
hereinafter set forth.
6. The purchase price of --------- ------- --
-------------------------------------------=-------------DOLLARS ($ less
s"07,
the said deposit(s), shall be payable on delivery of the deed and completion of the escrow as hereinafter pro
7. Within thirty (30) days after buyer's exercise of said option, an escrow covering the purchase and sale of said property shall be opened by
buyer with Little Rock Abstract Company,
at 214 Louisiana Street,
Little Rock, Arkansas 72201 , hereinafter called escrow agent, and
buyer shall deposit with escrow agent an executed copy of this agreement and seller shall deposit a grant or warranty deed of said property to
buyer and all title papers required by escrow agent or buyer.
8. Buyer's title to said property shall be evidenced by an owner's policy of title insurance in the amount of the purchase price written by a title
insurer of buyer's choice. Title shall be subject only to current taxes not yet delinquent and shall be free and clear of all other matters not
approved by buyer in writing. Said other matters include, without limitation, all encumbrances, leases, tenancies, rental agreements,
reservations, covenants, conditions, restrictions, easements, rights of way and encroachments onto or from said property. Seller promises to
furnish buyer with copies of all written leases, tenancies and rental agreements and to advise buyer fully as to any not written. Seller further
promises that buyer, at buyer's expense, will be able to obtain a survey confirming that said property extends to the street line of all adjacent
streets and that there are no easements, rights of way or encroachments. Should buyer inform seller of matters not acceptable to buyer, seller
shall make every effort to correct such matters.
9. Seller agrees that buyer's obligation to purchase said property is subject to satisfaction of the following conditions upon completion of
escrow, and seller further agrees buyer may waive any of the following conditions prior to the close of escrow:
A. Said property will be zoned for retail business use and any zoning shall not impose conditions unsatisfactory to buyer concerning the
construction and operation of any buildings, parking or related improvements. If said property is not so zoned on the date hereof, seller
agrees to file an application to have the property so zoned, or, at buyer's request, to obtain a variance for such use within thirty (30) days
after buyer's notice to do so or buyer's exercise of its option, whichever is earlier. Seller agrees to take all necessary steps to process said
application promptly and properly; provided, however, if buyer desires to file and process said application either in buyer's name or in
the name and on behalf of seller, buyer may do so instead of seller, and seller agrees to cooperate with buyer in obtaining such rezoning
or variance. All expenses incurred in tiling and processing said application shall be paid by seller.
Form No. R-201 (Rev. 7-79)32
111-1(95) Printed in U.S.A.
B. Buyer shall have been able to obtain any plats or replats and/or any and all permits, licenses, certificates, or other en-
titlements for use required for the construction and operation of any buildings, parking or related improvements and access
thereto without the imposition of conditions unsatisfactory to buyer. If buyer within thirty (30 ) days
yr of exercising its option does not waive the requirements of this part B, it shall immediately make and promptly and properly
process application for (i) any plat or replat, (ii) the first permit, license, certificate or other entitlement for use in a depen-
dent series of the same, and (iii) all independent permits, licenses, certificates or other entitlements for use, and seller agrees
to cooperate with buyer in obtaining these items including executing necessary applications and documents.
C. The obtaining of the rezoning, variance, plat or replat or any permit, license, certificate, or entitlement for use referred to
in parts A and B shall not be considered complete until any review or appeal is finally determined by the highest nonjudicial
body authorized to determine same or until the time for such appeal or review has expired, whichever is later. If suit is
brought to invalidate the rezoning, variance, plat or replat or any permit, license, certificate or entitlement for use, such
rezoning, variance, plat or replat or obtaining of said permit, license, certificate or entitlement for use shall not be considered
complete until final judgment or decree has been entered and the time for appeal therefrom has expired, or, if appeal is
taken, until the appeal has finally been determined.
D. Adjacent to said property, there will be water, electricity, gas, telephone and communication, storm and sanitary sewer
services available, from public utilities, and adequate for any retail business use of said property as referred (o in part A
above.;.. .. .. �. ,
E. If any portion of said property is transected by or separated from another portion of said property and/or is separated
from any portion of the property referred to in part F hereof, or if the property referred to in part F is transected by or
separated from another property described in part F by one or more streets or alleys, said streets and alleys shall be uncondi-
tionally vacated, free and clear of all easements on terms satisfactory to buyer, and title thereto shall be transferred to buyer
concurrently with the transfer of said property and the property described in part F to buyer. Seller agrees to cooperate fully
with buyer in obtaining such vacation.
F. The purchase (which term shall include the vesting of title in buyer) of the property described as follows on terms satisfac-
tory to buyer:
PARCEL I - Lots 3 and 4, Block 1, Original City of Batesville
PARCEL III - Lots 1 and 2, Block 4, Original City of Batesville
PARCEL IV - Lots 9 and 10, Block 4, Original City of Batesville
Buyer shall have all the time necessary to satisfy itself as to the conditions set forth in this paragraph, provided buyer proceeds with
reasonable diligence.
10. Within twenty (20) days after (A) seller has complied with its agreements and promises made herein, (B) all conditions specified
herein have been satisfied or waived, and (C) escrow agent has advised buyer that it is prepared to complete the escrow under the
terms hereof, buyer shall forward to escrow agent the balance of the purchase price and buyer's closing instructions. The escrow
shall close within thirty (30) days of the escrow agent's receipt of buyer's funds and closing instructions.
11. Seller promises to and shall deliver possession of the property described in paragraph 1 on the date title is transferred.
12. Rents, water charges and real property taxes shall be prorated as of the date of transfer of title, and each party shall pay half of
the escrow fee. Seller shall pay assessments in full for improvements comph3ed or partially completed prior to the date hereof,
notary fees, any expense incurred in examination of title, expenses of placlitg iYe`irt'r"roper condition and the title premium and/or
abstracting charges to insure that condition, and all governmental impositions incurred as a result of the transfer of.titig to buyer,
except that buyer shall pay the cost of recording the deed.
13. Upon buyer's acquisition of title to said property, seller shall pay a real estate brokerage commission of - -
- - DOLLARS (S _ )
to
14. If, as a prerequisite to the granting and/or approving of zoning, a variance, platting or replatting or any permit, license, cer-
tificate or other entitlement for use, the granting and/or approving jurisdiction or body requires the dedication of land to some
jurisdiction, or if any portion of the property is taken by eminent domain or condemnation, or if any improvements on said proper-
ty are destroyed or materially damaged prior to the transfer of title, buyer may (A) terminate this agreement and receive back the
deposit(s), or (B) complete the purchase of said property with the price reduced by a sum equal to the pro rata per square foot value
of the property required to be dedicated or taken and/or the value of the loss or damage to said improvements.
15. This agreement may be terminated by buyer by written notice to seller if it reasonably appears to buyer that all conditions
specified in this agreement cannot be satisfied within a reasonable time. If buyer so terminates this agreement, seller may retain said
deposit(s). Further, if seller cannot provide buyer with title as required by paragraph 8 hereof or if the agreements and promises
made by seller in this agreement are not performed, buyer may terminate this agreement by giving ten (10) days' written notice to
escrow agent and seller; in the event of such termination, seller shall return said deposit(s) to buyer. Should buyer fail to deposit its
funds or escrow instructions as provided in paragraph 10 hereof, seller may give ten (10) days' written notice to escrow agent and
buyer; if buyer's default is not cured within such ten (10) days, this agreement shall terminate and seller shall, as its sole remedy, re-
tain the said deposit(s) paid to seller.
16. All rights and obligations of the parties hereto shall bind and inure to the benefit of their respective heirs, personal represen-
tatives, successors and assigns. The singular number herein includes the plural and any gender includes all others.
e
IN WITNESS WHEREOF, each of said parties has executed this Agreenl gnt. '
HER%IN NELSON BOYK IN , II
(Agent for Undisclosed Buyer) _ . h N. Montgo ry '
nda L. Nbnt ome -- —
ern
Ne son Bo kin ' , L _
y `
_ Savoy Nbntgomer�
(Buyer) auline blontgomery(Seller)
Form No. R-201 (Rev. 7-79)32• 2 111-1(95) Printed in U.S.A.
8109 Interstate 30, 72209, P.O. Box 2101, Little Rock, Arkansas 72203
Phone: (501) 562-3583
July 29, 1981
Charles Henry Beel
Bobby J. Beel and
Doris C. Cain
c/o Doris C. Cain
Post Office Box 371
Port Lavaca, Texas 77979
Re: R-201 Agreement dated February 13, 1981
Your Property Near
SEC St. Louis & College
Batesville, Arkansas
Dear Sellers:
Under Paragraph 1 of that certain Agreement dated February 13, 1981, and
executed by Charles Henry Beel, Bobby J. Beel and Doris C. Cain, as sellers,
and Herman Nelson Boykin, Agent for Undisclosed Buyer, which agreement was
subsequently assigned by Herman Nelson Boykin, Agent for Undisclosed Buyer,
to Safeway Stores, Incorporated, a Maryland corporation, it is agreed that
buyer shall be granted the exclusive option to purchase Lots 3 and 4, Block
1, Original City of Batesville, Independence County, Arkansas. It is hereby
agreed by and between buyer and seller that said Paragraph 1 shall be amended
to read:
Lots 3 and 4, Block 1, and all of that portion of Lot 2 on the South
side of College Street (not dedicated) HIGHLAND ADDITION to the City
of Batesville, Independence County, Arkansas.
Under Paragraph 9(F) of said agreement it is agreed that buyer's obligation
to purchase said property is subject to buyer's purchase of the property
described as follows:
Parcel II - Lots 1 and 2, Block 2, Original City of Batesville and
Lots 1 and 2, Block 3, Original City of Batesville.
Parcel III - Lots 1 and 2, Block 4, Original City of Batesville.
Parcel IV - Lots 9 and 10, Block 4, Original City of Batesville.
Buyer and seller hereby agree that the above described property shall be amended
to read as follows:
EverVthnno, yuu vrz t fmm a, stogy� ) ' � lcmm
Arthur N. Montgomery
Linda L. Montgomery
Savoy Montgomery and
Pauline Montgomery
%W Page 2
July 29, 1981
Parvel IV - The South Half of Lots 9 and 10, Block 4, HIGHLAND
ADDITION to the City of Batesville, Independence
County, Arkansas.
Parvel V - Lots 3 and 4, Block 3, and the South One -Half of Center
Street immediately North of and adjacent to Lot 4, Block
3, HIGHLAND ADDITION to the City of Batesville, Indepen-
dence County, Arkansas.
It is further agreed, for and in consideration of the payment of an additional
deposit of One Hundred and 00/100 Dollars ($100.00), receipt of which is hereby
acknowledged, the exclusive option granted in the agreement dated February 9,
1981, is hereby extended to and including the 7th day of October, 1981. The
additional deposit shall be applied to the purchase price if the purchase
closes.
Seller hereby further grants the buyer the right to extend this option for one
(1) additional period of thirty (30) days prior to the expiration of this
option, it being provided that buyer, upon the exercise of this extension
right, shall pay to seller by check or draft an additional deposit of One
Thousand Five Hundred and 00/100 Dollars ($1,500.00). The additional deposit
shall be applied to the purchase price if the purchase closes.
Except as herein modified, the R-201 Agreement dated February 9, 1981, and
Letter Agreement dated May 20, 1981, shall remain in full force and effect
and subject to all terms and conditions contained therein.
This Letter Agreement has been prepared in triplicate so that you may retain
one fully executed copy for your file.
Yours sincerely,
SAFEWAY STORES,
By,
INCORPORATED
Billens
Real E' ate Representative
AGEEED TO AND ACCEPTED THIS 3 `� DAY OFf 1981.
v ,
Arth r N� Montgomery Savoy n g mery \
Linda L. Montgomery Pauline Montgomery
\ S j�% Ir L Wd�`2 Y
STORES, INCORPORATE
8109 Interstate 30, 72209, P.O. Box 2101, Little Rock, Arkansas 72203
July 29, 1981 Phone. (501) 562-3583
Arthur N. Montgomery
Linda L. Montgomery
Savoy Montgomery and
Pauline Montgomery
c/o Mr. Herman Nelson Boykin, II
Batesville, Arkansas
Re: R-201 Agreement dated February 9, 1981
Your Property Near
SEC St. Louis and College
Batesville, Arkansas
Dear Sellers:
Under Paragraph 9(F) of that certain Agreement dated February 9, 1981
and executed by Arthur N. Montgomery and Linda L. Montgomery, his wife,
and Savoy Montgomery and Pauline Montgomery, his wife, as sellers and
*"' Herman Nelson Boykin, II, Agent for.Undisclosed Buyer, which Agreement
was subsequently assigned by Herman Nelson Boykin, II, Agent for Undis-
closed Buyer, to Safeway Stores, Incorporated, a Maryland corporation, it
is agreed that buyer's obligation to purchase subject property is subject
to buyer's purchase of the property described as follows: ,
min
Parcel I - Lots 3 and 4, Block 1, Original City of Batesville.
Parcel III - Lots 1 and 2, Block 4, Original City of Batesville.
Parcel IV - Lots 9 and 10, Block 4, Original City of Batesville.
Buyer and seller hereby agree that the above described property shall be
amended to read as follows:
Parcel I - Lots 3 and 4, Block l,.and all of that portion of Lot 2
on the South side of College Street (not dedicated)
HIGHLAND ADDITION to the City of Batesville, Independence
County, Arkansas.
Parcel III - Lots 1 and 2 and the North Half of Lots 9 and 10, Block 4,
HIGHLAND ADDITION to the City of Batesville, Independence
County, Arkansas, and
All that portion of Lot 3 South of College Avenue (not
dedicated) and all of Lot 8, Block 4, HIGHLAND ADDITION
to the City of Batesville, Independence County, Arkansas.
verytWng you wamt from a stogy ( )
PARCEL III
AGKEENTENT
THIS AGREEMENT is made this day of �� ��, 19 Ybetween
JAMES PORTER BONE and PATRICIA BONE, his wife,
hereinafter called seller, and SAFEWAY STORES, INCORPORATED, A Maryland Corporation,
hereinafter called buyer, as follows:
1. In consideration of the payment to seller of ------EIGHT HUNDRED AND 00/100--------------------
------------------------------------------------------------- DOLLARS ($800.00 ),
receipt of which is hereby acknowledged, seller hereby grants to buyer the exclusive option, e ercisable of or before
sixty (60) days from the date first written above , to purchase for ----
THOUSAND AND 00/100------------------------------------------- DOLL )
the following described real property and all improvements thereon in the City of Batesville
County of Independence , State of Arkansas
LOTS 1 AND 2 AND THE NORTH HALF OF LOTS 9 AND 10, BLOCK 4, HIGHLAND ADDITION, TO
THE CITY OF BATESVILLE, INDEPENDENCE COUNTY, ARKANSAS, AND ALL THAT PORTION OF
LOT 3 SOUTH OF COLLEGE AVENUE (NOT DEDICATED) AND ALL OF LOT 8, BLOCK 4, HIGHLAND
ADDITION TO THE CITY OF BATESVILLE, INDEPENDENCE COUNTY, ARKANSAS
hereinafter called said property.
Together with all of seller's right, title and interest in adjoining streets and alleys.
sixty (60)
Seller hereby further grants to buyer the right to extend this option for one (I) additional period of/i+iHet} (90 days by mailing to seller prior to
the expiration of this option, at the address set forth in paragraph 2 hereof, written notice of such extension, it being provided that buyer, upon
the exercise of this extension right, shall pay to seller by check or draft an additional deposit of -----TWO THOUSAND
FIVE HUNDRED AND 00/100-------------------------------------- DOLLARS($ 2,500.00 )
2. The exercise of said option shall be by written notice, effective upon mailing or hand delivery, by buyer to seller at c/o TEXACO
BULK PLANT, HIGHWAY 167 NORTH, BATESVILLE, AR 72501
3. Buyer may, at its expense, during the option and escrow periods, enter upon said property to make surveys and site analyses (including soil
tests).
d. If buyer fails to exercise this option in the manner and within the time herein provided, seller shall retain said deposit (which shall include all
sums paid under the provisions of Paragraph 1), and this agreement shall be of no further force or effect.
5. Upon buyer's exercise of said option, this agreement shall constitute a contract for the purchase of said property on the terms and conditions
hereinafter set forth.
. The purchase price of — — — —
---------------------------
--------------------------------------------------------- DOLLARS( ),less
the said deposit(s), shall be payable on delivery of the deed and completion of the escrow as hereinafter prove e .
7. Within thirty (30) days after buyer's exercise of said option, an escrow covering the purchase and sale of said property shall be opened by
buyer with Beach Abstract and Guaranty Company
at Post Office Box 2580
Little Rock, AR 72203 , hereinafter called escrow agent, and
buyer shall deposit with escrow agent an executed copy of this agreement and seller shall deposit a grant or warranty deed of said property to
buyer and all title papers required by escrow agent or buyer.
S. Buyer's title to said property shall be evidenced by an owner's policy of title insurance in the amount of the purchase price written by a title
insurer of buyer's choice. Title shall be subject only to current taxes not yet delinquent and shall be free and clear of all other matters not
approved by buyer in writing. Said other matters include, without limitation, all encumbrances, leases, tenancies, rental agreements,
reservations, covenants, conditions, restrictions, easements, rights of way and encroachments onto or from said property. Seller promises to
furnish buyer with copies of all written leases, tenancies and rental agreements and to advise buyer fully as to any not written. Seller further
promises that buyer, at buyer's expense, will be able to obtain a survey confirming that said property extends to the street line of all adjacent
streets and that there are no easements, rights of way or encroachments. Should buyer inform seller of matters not acceptable to buyer, seller
shall make every effort to correct such matters.
,%W '"or
B. Buyer shall have been able to obtain any plats or replats and/or any and all permits, licenses, certificates, or other en-
titlements for use required for the construction arid operation of any buildings, parking or related improvements and access
thereto without the imposition of conditions unsatisfactory to buyer. If buyer within thirty (30) days
of exercising its option does not waive the requirements of this part B, it shall immediately make and promptly and properly
process application for (i) any plat or replat, (ii) the first permit, license, certificate or other entitlement for use in a depen-
dent series of the same, arid (iii) all independent permits, licenses, certificates or other entitlements for use, and seller agrees
to cooperate with buyer in obtaining these items including executing necessary applications and documents.
C. The obtaining of the rezoning, variance, plat or replat or any permit, license, certificate, or entitlement for use referred to
in parts A and B shall not be considered complete until any review or appeal is finally determined by the highest nonjudicial
body authorized to determine same or until the time for such appeal or review has expired, whichever is later. If suit is
brought to invalidate the rezoning, variance, plat or replat or any permit, license, certificate or entitlement for use, such
rezoning, variance, plat or replat or obtaining of said permit, license, certificate or entitlement for use shall not be considered
complete until final judgment or decree has been entered and the time for appeal therefrom has expired, or, if appeal is
taken, until the appeal has finally been determined.
D. .-adjacent to said property, there will be water, electricity, gas, telephone and communication, ;m and sa.*'ar)i'sewer
services available, from public utilities, and adequate for any retail business use of said property as r>'red to in Iaf A
above.
E. If any portion of said property is transected by or separated from another portion of said property and/or is separated
from any portion of the property referred to in part F hereof, or if the property referred to in part F is transected by or
separated from another property described in part F by one or more streets or alleys, said streets and alleys shall be uncondi-
tionally vacated, free and clear of all casements on terms satisfactory to buyer, and title thereto shall be transferred to buyer
concurrently with the transfer of said property and the property described in part F to buyer. Seller agrees to cooperate fully
with buyer in obtaining such vacation.
1. The 13th,a�e� =s4�r � shall -i tkErcie�€�t- e k+rag oi-title r�-bEty�r}of th �{�erty d�s�ik�e�l-as-fello-ws+ G s€ati
SEE ADDENDUM ATTACHED HERETO AND MADE A PART HEREOF
Buyer shall have all the time necessary to satisfy itself as to the conditions set forth in this paragraph, provided buyer proceeds with
reasonable diligence.
10. Within twenty (20) days after (A) seller has complied with its agreements and promises made herein, (B) all conditions specified
herein have been satisfied or waived, and (C) escrow agent has advised buyer that it is prepared to complete the escrow under the
terms hereof, buyer shall forward to escrow agent the balance of the purchase price and buyer's closing instructions. The escrow
shall close within thirty (30) days of the escrow agent's receipt of buyer's funds and closing instructions.
1 I . Seller promises to and shall deliver possession of the property described in paragraph 1 on the date title is transferred.
12. Rents, water charges and real property taxes shall be prorated as of the date of transfer of title, and each party shall pay half of
the escrow fee. Seller shall pay aslessments in full for improvements completed or partially completed prior to the date hereof,
notary fees, any expense incurred in examination of title, expenses of placing title in proper condition an( the title prerpium and/or
abstracting charges to insure that condition, and all governmental impositions incurred as a result of tVransfer of tiille to buyer,
except that buyer shall pay the cost of recording the deed.
b Iyer
k* r -shall pay a real estate brokerage commis*Wr
— — — — — — — — — — — — — — — — — — — — — — DOLLARS )
erman e son Boykin II,
14. If, as a prerequisite to the granting and/or approving of zoning, a variance, platting or replatting or any permit, license, cer-
tificate or other entitlement for use, the granting and/or approving jurisdiction or body requires the dedication of land to some
jurisdiction, or if any portion of the property is taken by eminent domain or condemnation, or if any improvements on said proper-
ty are destroyed or materially damaged prior to the transfer of title, buyer may (A) terminate this agreement and receive back the
N%W deposit(s), or (B) complete the purchase of said property with the price reduced by a sum equal to the pro rata per square foot value
of the property required to be dedicated or taken and/or the value of the loss or damage to said improvements.
15. This agreement may be terminated by buyer by written notice to seller if it reasonably appears to buyer that all conditions
specified in this agreement cannot be satisfied within a reasonable time. If buyer so terminates this agreement, seller may retain said
deposit(s). Further, if seller cannot provide buyer with title as required by paragraph 8 hereof or if the agreements and promises
made by seller in this agreement are not performed, buyer may terminate this agreement by giving ten (10) days' written notice to
escruw agent and seller; in the event of such termination, seller shall return said deposit(s) to buyer. Should buyer fail to deposit its
funds or escrow instructions as provided in paragraph 10 hereof, seller may give ten (10) days' written notice to escrow agent and
buyer; if buyer's default is not cured within such ten (10) clays, this agreement shall terminate and seller shall, as its sole remedy, re-
tain the said deposit(s) paid to seller.
16. SEE ADDENDUM ATTACHED HERETO AND MADE APART HEREOF.
17 All rights and obligations of the parties hereto shall bind and inure to the benefit of their respective heirs, personal represen-
tatives, successors and assigns. The singular number herein includes the plural and any gender includes all others.
IN WITNESS WHEREOF, each of said parties has executed this Agreement.
SAFEWAY STORES, INCORPORATED y
(A MARYLAND CORP RATION)
James Por% Bone
By
Bill Stephe s Patricia Bone
Real Estate Representative f ;wcc.k �
(Buyer)
(Seller)
Form No. R-201 (Rev. 7-79)32• 2 111-1(95) Printed in U.S.A.
THIS AGREEMENT is made this 14th
JO LORAINE SMILEY
hereinafter called seller, and SAFEWAY
hereinafter called buyer, as follows;
FIRM PURCHASE
A G R E E M E N T
day of May
, 19 81 , between
STORES, INCORPORATED, a Maryland corporation,
I. In consideration of the payment to seller of --------FIVE HUNDRED and 00/100--------------
---------------------------------------------------DOLLARS (S 500.00
),
receipt of which is hereby acknowledged, seller hereby grants to buyer the exclusive option --e ore right
the day of , 19 , to purchase for
00/100-----------------------------------------I---
the following described real property and all improvements thereon in the City of Batesville
County of Independence , State of Arkansas
South Half of Lots 9 and 1-0, Block 4, HIGHLAND
ADDITION to the City of Batesville, Independence
County, Arkansas,
hereinafter called said property.
Together with all of seller's right, title and interest in adjoining streets and alleys.
Seller hereby further grants to buyer the right to extend this option for one (1) additional period of ninety(90)days by mailing to seller prior to
the expiration of this option, at the address set forth in Paragraph 2 hereof, written notice of such extension, it being provided that buyer, upon
the exercise of this extension right, shall pay to seller by check or draft an additional deposit of
_ -DOLLARS
2. The exercise of said option shall be by written notice, effective upon mailing or hand delivery, by buyer to seller at - --.--
3. Buyer may, at its expense, during the option and escrow periods, enter upon said property to make surveys and site analyses (including soil
tests).
4. If buyer fails toexercise this option in the manner and within the time herein provided, seller shall retain said deposit (which shall include all
sums paid under the provisions of Paragraph 1), and this agreement shall be of no further force or effect.
5. Upon buyer's exercise of said option, this agreement shall constitute a contract for the purchase of said property on the terms and conditions
hereinafter set forth.
G. The purchase price of ---------------------- --- —"M
------------------------------------------------ DOLLARS ),less
the said deposit(s), shall be payable on delivery of the deed and completion of the escrow as hereinafter prove ed.
7. Within thirty (30) days after buyer's exercise of said option, an escrow covering the purchase and sale of said property shall be opened by
buyer with Little Rock Abstract Comp_ any
at 214 Louisiana Street
Little Rock, Arkansas 72201 'hereinafter called escrow agent, and
buyer shall deposit with escrow agent an executed copy of this agreement and seller shall deposit a grant or warranty deed of said property to
buyer and all title papers required by escrow agent or buyer.
i`4S.r 8. Buyer's title to said property shall be evidenced by an owner's policy of title insurance in the amount of the purchase price written by a title
insurer of buyer's choice. Title shall be subject only to current taxes not yet delinquent and shall be free and clear of all other matters not
approved by buyer in writing. Said other matters include, without limitation, all encumbrances, leases, tenancies, rental agreements,
reservations, covenants, conditions, restrictions, easements, rights of way and encroachments onto or frorn said property. Seller promises to
furnish buyer with copies of all written leases, tenancies and rental agreements and to advise buyer fully as to any not written. Seller further
promises that buyer, at buyer's expense, will be able to obtain a survey confirming that said property extends to the street line of all adjacent
streets and that there are no easements, rights of way or encroachments. Should buyer inform seller of matters not acceptable to buyer, seller
shall make every effort to correct such matters.
9. Seller agrees that buyer's obligation to purchase said property is subject to satisfaction of the following conditions upon completion of
escrow, and seller further agrees buyer may waive any of' the following conditions prior to the close of escrow:
A. Said property will be zoned for retail business use and any zoning shall not impose conditions unsatisfactory to buyer concerning the 01
construction and operation of any buildings, parking or related improvements. Ifsaid property is not so zoned on the date hereof, seller
agrees to file an application to have the property so zoned, or, at buyer's request, to obtain a variance for such use within thirty (30) days
at -ter buyer's notice to do so or buyer's exercise of its option, whichever is earlier. Seller agrees to take all necessary steps to process said
application promptly and properly; provided, however, it' buyer desires to file and process said application either in buyer's name or in
the name and on behalf of seller, buyer may do so instead of' seller, and seller agrees to cooperate with buyer in obtaining such rezoning
or variance. All expenses incurred in filing and processing said application shall be paid by seller.
Form No. R-201 (Rev. 7-79)32
111-1(95) Printed in U.S.A.
rr---
B. Buyer shall have been able to obtain any plats or replats and/or any and all permits, licenses, certificates, or other en-
titlements for use required for the construction and operation of any buildings, parking or related improvements and access
thereto without the imposition of conditions unsatisfactory to buyer. If buyer within thirty (3 0) days
of exercising its option does not waive the requirements of this part B, it shall immediately make and promptly and properly
Process application for (i) any plat or replat, (ii) the first permit, license, certificate or other entitlement for use in a depen-
dent series of the same, and (iii) all independent permits, licenses, certificates or other entitlements for use, and seller agrees.
to cooperate with buyer in obtaining these items including executing necessary applications and documents.
C. The obtaining of the rezoning, variance, plat or replat or any permit, license, certificate, or entitlement for use referred to
in parts A and B shall not be considered complete until any review or appeal is finally determined by the highest nonjudicial
body authorized to determine same or until the time for such appeal or review has expired, whichever is later. If suit is
brought to invalidate the rezoning, variance, plat or replat or any permit, license, certificate or entitlement for use, such
rezoning, variance, plat or replat or obtaining of said permit, license, certificate or entitlement for use shall not be considered
complete until final judgment or decree has been entered and the time for appeal therefrom has expired, or, if appeal is
taken, until the appeal has finally been determined.
D. Adjacent to said property, there will be water, electricity, gas, telephone and communicapon, storm and sanitary; wer
services available, from public utilities, and adequate for any retail business use of said property as 4-ferred to in part Ai
above. v
E. If any portion of said property is transected by or separated from another portion of said property and/or is separated
from any portion of the property referred to in part F hereof, or if the property referred to in part F is transected by or
separated from another property described in part F by one or more streets or alleys, said streets and alleys shall be uncondi-
tionally vacated, free and clear of all easements on terms satisfactory to buyer, and title thereto shall be transferred to buyer
concurrently with the transfer of said property and the property described in part F to buyer. Seller agrees to cooperate fully
with buyer in obtaining such vacation.
F. The purchase (which term shall include the vesting of title in buyer) of the property described as follows on terms satisfac-
tory to buyer:
PARCEL I - Lots 3 and 4, Block 1, Original City of Batesville.
PARCEL II - Lots 1 and 2, Block 2, Original City of Batesville, and
Lots 1 and 2, Block 3, Original City of Batesville
PARCEL III - Lot 1 and the north half of Lots 9 and 10, Block 4,
Highland Addition to the City of Batesville.
Buyer shall have all the time necessary to satisfy itself as to the conditions set forth in this paragraph, provided buyer proceeds with
reasonable diligence.
10. Within twenty (20) days after (A) seller has complied with its agreements and promises made herein, (B) all conditions specified
herein have been satisfied or waived, and (C) escrow agent has advised buyer that it is prepared to complete the escrow under the
terms hereof, buyer shall forward to escrow agent the balance of the purchase price and buyer's closing instructions. The escrow
shall close within thirty (30) days of the escrow agent's receipt of buyer's funds and closing instructions.
11. Seller promises to and shall deliver possession of the property described in paragraph 1 on the date title is transferred
12. Rents, water charges and real property taxes shall be prorated as of the date of transfer of title, and each party shall pay half of
the escrow fee. Seller shall pay assessments in full for improvements coy pleted or partially completed prior to the date hereof,
notary fees, any expense incurred in examination of title, expenses of placg title in proper condition and the title premium and/or
abstracting charges to insure that condition, and all governmental impositions incurred as a result of the transfer of title to buyer,
except that buyer shall pay the cost of recording the deed.
13. Upon buyer's acquisition of title to said property, seller shall pay a real estate brokerage commission of
DOLLARS ($
to
14. If, as a prerequisite to the granting and/or approving of zoning, a variance, platting or replatting or any permit, license, cer-
tificate or other entitlement for use, the granting and/or approving jurisdiction or body requires the dedication of land to some
jurisdiction, or if any portion of the property is taken by eminent domain or condemnation, or if any improvements on said proper-
ty are destroyed or materially damaged prior to the transfer of title, buyer may (A) terminate this agreement and receive back the
deposit(s), or (B) complete the purchase of said property with the price reduced by a sum equal to the pro rata per square foot value
of the property required to be dedicated or taken and/or the value of the loss or damage to said improvements.
IS. This agreement may be terminated by buyer by written notice to seller if it reasonably appears to buyer that all conditions
specified in this agreement cannot be satisfied within a reasonable time. If buyer so terminates this agreement, seller may retain said
deposit(s). Further, if seller cannot provide buyer with title as required by paragraph 8 hereof or if the agreements and promises
made by seller in this agreement are not performed, buyer may terminate this agreement by giving ten (10) days' written notice to
escrow agent and seller; in the event of such termination, seller shall return said deposit(s) to buyer. Should buyer fail to deposit its
funds or escrow instructions as provided in paragraph 10 hereof, seller may give ten (10) days' written notice to escrow agent and
buyer; if buyer's default is not cured within such ten (10) days, this agreement shall terminate and seller shall, as its sole remedy, re-
tain the said dcposit(s) paid to seller.
16. All rights and obligations of the parties hereto shall bind and inure to the benefit of their respective heirs, personal represen-
tatives, successors and assigns. The singular number herein includes the plural and any gender includes all others.
IN WITNESS WHEREOF, each of said parties has executed this Aereement
SAFEWAY STORES, INCORPORATED
(a Maryland corporation)
By: X vti
Ltafr �
By (Buyer)
its Assistan .....
Form No R-201(Rev 7-7gi37-
JJc)�Loraine Smile
(Seller)
M
1-111S AGREEMENT is made this 31st
BOBBY DIXON and AMANDA GAMMILL
hereinafter called seller, and SAFEWAY STORES,
hereinafter called buyer, as follows:
AGREENI ENT
day of August
PARCEL V
, 1981 , between
INCORPORATED, a Maryland corporation,
1. In consideration of the payment to seller of ---------------------FIVE HUNDRED AND 00/100----------
---------------------------------------------------------- ---DOLLARS ($500 00 ),
receipt of which is hereby acknowledged, seller hereby grants to buyer the exclusive option, exercisable on or
sixty (60) days from the date first written above to purchase for -------
AND 00/100---------------------------------------------------- DOLLARS(
the following described real property and all improvements thereon in the City of
County of State of
Lots 3 and 4, Block 3, and the South One—half of Center Street immediately North of
and adjacent to Lot 4, Block 3, HIGHLAND ADDITION to the City of Batesville,
Independence County, Arkansas.
hereinafter called said property.
Together vNith all of seller's right, title and interest in adjoining streets and alleys.
sixty (60)
Seller hereby further grants to buyer the right to extend this option for one( 1) additional period of/iinety (90) days by mailing to seller prior to
the expiration of this option, at the address set forth in Paragraph 2 hereof, written notice of such extension, it being provided that buyer, upon
the exercise of this extension right, shall pay to seller by check or draft an additional deposit of ------------TWO THOUSAND
AND 00/100--------------------------------------------------- DOLLARS($ 2,000.00 ).
2. The exercise of said option shall be by written notice, effective upon mailing or hand delivery, by buyer to seller at
c/o Dr. Robert P. Bass, Jr., 1909 Chestnut Street, Philadelphia, Pennsylvania 1_9103
3. Buyer may, at its expense, during the option and escrow periods, enter upon said property to make surveys and site analyses (including soil
tests).
4. If buyer fails to exercise this option in the manner and within the time herein provided, seller shall retain said deposit (which shall include all
SLIMS paid under the provisions of Paragraph 1), and this agreement shall be of no further force or effect.
5. Upon buyer's exercise of said option, this agreement shall constitute a contract for the purchase of said property on the terms and conditions
hereinafter set forth.
6. The purchase price of-----��
------------------------------------
------------------------------------------
----- — ----- DOLLARS
),
the said deposit(s), shall be payable on delivery of the deed and completion of- the escrow as hereinafter prov( ided. less
7. Within thirty (30) days after buyer's exercise of said option, an escrow covering the purchase and sale of said property shall be opened by
buyer with Beach Abstract and Guaranty Company
at Post Office Box 2580
Little Rock, Arkansas 72203 , hereinafter called escrow agent, and
buyer shall deposit with escrow agent an executed copy of this agreement and seller shall deposit a grant or warranty deed of said property to
buyer and all title papers required by escrow agent or buyer.
8. Buyer's title to said property shall be evidenced by an owner's policy of title insurance in the amount of the purchase price written by a title
insurer of buyer's choice. Title shall be subject only to current taxes not yet delinquent and shall be free and clear of all other matters not
approved by buyer in writing. Said other matters include, without limitation, all encumbrances, leases, tenancies, rental agreements,
reservations, covenants, conditions, restrictions, easements, rights of way and encroachments onto or from said property. Seller promises to
furnish buyer with copies of all written leases, tenancies and rental agreements and to advise buyer fully as to any not written. Seller further
promises that buyer, at buyer's expense, will be able to obtain a survey confirming that said property extends to the street line of all adjacent
streets and that there are no easements, rights of way or encroachments. Should buyer inform seller of matters not acceptable to buyer, seller
shall make every effort to correct such matters.
9. Seller agrees that buyer's obligation to purchase said property is subject to satisfaction of the following conditions upon completion of
escrow, and seller further agrees buyer may waive any of the following conditions prior to the close of escrow:
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A. Said property will be zoned for retail business use and any zoning shall not
impose conditions unsatisfactory to buyer concerning the construction and
operation of any buildings, parking or related improvements. If said property
is not so zoned on the date hereof, buyer agrees to file an application to have
the property so zoned, or to obtain a variance for such use within thirty (30)
days after buyer's exercise of its option, whichever is earlier. Buyer agrees
to take all necessary steps to process said application promptly and properly.
If buyer desires to file and process said application either in buyer's name
or in the name and on behalf of seller, buyer may do so instead of seller, and
seller agrees to cooperate with buyer in obtaining such rezoning or variance.
All expenses incurred in filing and processing said application shall be paid
by buyer.
Form No. R-201 (Rev. 7-79)32 111-1(95) Printed in U.S.A.
Ezi
B. Buyer shall have been able to obtain any plats or replats and/or any and all permits, licenses, certificates, or other en-
titlements for use required for the construction and operation of any buildings, parking or related improvements and access
thereto without the imposition of conditions unsatisfactory to buyer. If buyer within thirty (30) days
of exercising its option does not waive the requirements of this part 13, it shall immediately make and promptly and properly
process application for (i) any plat or replat, 00 the first permit, license, certificate or other entitlement for use in a depen-
dent series of the same, and (iii) all independent permits, licenses, certificates or other entitlements for use, and seller agrees
to cooperate with buyer in obtaining these items including executing necessary applications and documents.
C. The obtaining of the rezoning, variance, plat or replat or any permit, license, certificate, or entitlement for use referred to
in parts A and B shall not be considered complete until any review or appeal is finally determined by the highest nonjudicial
bode authorized to determine same or until the time for such appeal or review has expired, whichever is later. If suit is
brought to invalidate the rezoning, variance, plat or replat or any permit, license, certificate or entitlement for use, such
rezoning, variance, plat or replat or obtaining of said permit, license, certificate or entitlement for use shall not be considered
complete until final judgment or decree has been entered and the time for appeal t',erefrom has expired, o:, if appeal is
taken, until the appeal has finally been determined.
D. Adjacent to said property, there will be water, electricity, gas, telephone and communication, storm 4'nd sanitary sewer
services available, from public utilities, and adequate for any retail business use of said property as referred to in part A
above.
E. If any portion of said property is transected by or separated from another portion of said property and/or is separated
from any portion of the property referred to in part F hereof, or if the property referred to in part F is transected by or
separated from another property described in part F by one or more streets or alleys, said streets and alleys shall be uncondi-
tionally vacated, free and clear of all easements on terms satisfactory to buyer, and title thereto shall be transferred to buyer
concurrently with the transfer of said property aril the property described in part F to buyer. Seller agrees to cooperate fully
with buyer in obtaining such vacation.
F. The purchase (which term shall include the vesting of title in buyer) of the property described as follows on terns satisfac-
tory to buyer:
SEE ADDENDUM ATTACHED HERETO AND MADE A PART HEREOF
Buyer shall have all the time necessary to satisfy itself as to the conditions set forth in this paragraph, provided buyer proceeds with
reasonable diligence.
10. Within twenty (20) days after (A) seller has complied with its agreements and promises made herein, (B) all conditions specified
herein have been satisfied or waived, and (C) escrow agent has advised buyer that it is prepared to complete the escrow under the
terms hereof, buyer shall forward to escrow agent the balance of the purchase price and buyer's closing instructions. The escrow
shall close within thirty (30) days of the escrow agent's receipt of buyer's funds and closing instructions.
11. Seller promises to and shall deliver possession of the property described in paragraph 1 on the date title is transferred.
12. Rents, water charges and real property taxes shall be prorated as of,the4ate of transfer of title, and each party shall pay half of
the escrow fee. Seller shall pay assjssments in, full for improvementscorrileted or partially completed prior to theto hereof,
notary fees, any expense incurred in examination of title, expenses of placing title in proper condition and the title I t m and/or
abstracting charges to insure that condition, and all governmental impositions incurred as a result of the transfer of title to buyer,
except that buyer shall pay the cost of recording the deed.
13. 11non hi ver', Arnidcitinn of title to said property 1 , ver stall pay a real estate brokerage commission of
14. If, as a prerequisite to the granting and/or approving of zoning, a variance, platting or replatting or any permit, license, cer-
tificate or other entitlement for use, the granting and/or approving jurisdiction or body requires the dedication of land to some
jurisdiction, or if any portion of the property is taken by eminent domain or condemnation, or if any improvements on said proper-
ty are destroyed or materially damaged prior to the transfer of title, buyer may (A) terminate this agreement and receive back the
deposit(s), or (B) complete the purchase of said property as speei.f ied in Paragraph 6.
15. This agreement may be terminated by buyer by written notice to seller if it reasonably appears to buyer that all conditions
specified in this agreement cannot be satisfied within a reasonable time. If buyer so terminates this agreement, seller may retain said
deposit(s). Further, if seller cannot provide buyer with title as required by paragraph 8 hereof or if the agreements and promises
made by seller in this agreement are not performed, buyer may terminate this agreement by giving ten (10) days' written notice to
escrow agent and seller; in the event of such termination, seller shall return said deposit(s) to buyer. Should buver fail to deposit its
funds or escrow instructions as provided in paragraph 10 hereof, seller may give ten (10) days' written notice to escrow aeent and
buyer; if buyer's default is not cured within such ten (10) days, this agreement shall terminate and seller shall, as its sole remedy, re-
tain the said deposit(s) paid to seller.
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16. All rights and obligations of the parties hereto shall bind and inure to the benefit of their respective heirs, personal represen-
tatives, successors and assigns. The singular number herein includes the plural and any gender includes all others. ,,,6
IN WITNESS WHEREOF, each of said parties has executed this Agreement.
SAFE[s1AY STORES, INCORPORATED
(a Maryland co poration)
By:
:
B =tel
Bill SteA) hens
Real Estate Representative
(Buyer)
_�� c!,�/'tom/_'?: ;�,✓.�/�,
Bobbv Dixon
_A�da_mil1,
(Selle
Form No. R-201 (Rev. 7-79)32' 2 111-1(95) Printed in U.S.A.
ADDENDUM- TO R-201 AGREEMENT DATED
AMLNNDA GAMMILL, AS SELLERS, AND SAFEWAY STORES,
tion, AS BUYER.
BETWEEN BOBBY DIXON and
INCORPORATED, a Maryland corpora -
F. The purchase (which term shall include the vesting of title in buyer) of the
property described as follows on terms satisfactory to buyer:
Parcel I - Lots 3 and 4, Block 1, and all of tha'-- port- of Lot 2 on
South side of College Street (not dedicated) HIGHLAND ADDIIiON
to the City of Batesville, Independence County, Arkansas.
Parcel II - Lots 1 and 2, Block 2 and Lots 1 and 2, Block 3, HIGHLAND ADDITION
to the City of Batesville, Independence County, Arkansas.
Parcel III - Lots 1 and 2 and the North Half of Lots 9 and 10, Block 4, HIGHLAND
ADDITION to the City of Batesville, Independence County, Arkansas,
and
All that portion of Lot 3 South of College Avenue (not dedicated)
and all of Lot 8, Block 4, HIGHLAND ADDITION to the City of Bates-
ville, Independence County, Arkansas.
Parvel IV - The South Half of Lots 9 and 10, Block 4, HIGHLAND ADDITION to the
City of Batesville, Independence County, Arkansas.
G. Seller will deliver this agreement to buyer fully executed by seller by certified
mail., return receipt requested. Seller will deliver this agreement undated to buyer
and buyer, upon receipt of this agreement, shall enter the date of receipt.
01 /i
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en
ADDENDUM TO R-201 AGREE'IIENT DATED / BETWEEN JATSES
PORTER BONE AND PATRICIA BONE, HIS WIFE AS S LLER AND SAFEWAY STORES,
INCORPORATED, A MARYLAND CORPORATION, AS BUYER.
9. F. The purchase (which term shall include the vesting of title in buyer)
of the property described as follows on terms satisfactory to buyer:
PARCEL I - Lots 3 and 4, Block 1, and all of that portion of Lot 2
on the South side, of College Street (not dedicated)
HIGHLAND ADDITION to the City of Batesville, Independence
County, Arkansas.
PARCEL II - Lots 1 and 2, Block 2 and Lots 1 and 2, Block 3, HIGHLAND
ADDI`T'ION to the City of Batesville, Independence County,
Arkansas.
PARCEL IV - The South Half of Lots 9 and 10, Block 4, HIGHLAND ADDITION
to the City of Batesville, Independence County, Arkansas.
PARCEL V - Lots 3 and 4, Block 3, and the South One -Half of Center Street
immediately North of and adjacent to Lot 4, Block 3, HIGHLAND
ADDITION to the City of Batesville, Independence County,
Arkansas.
16. Buyer agrees that within thirty (30) days after site development begins for
the construction of a Safeway Store, that buyer will erect a fence no more
than 7' high, or the maximum height allowable under existing city code if
under 7', between buyer's development and all adjoining property to the east
of said development.
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