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15454 1 RESOLUTION NO. 15,454 2 3 A RESOLUTION TO TRANSFER THE TITLE OF THE PROPERTY 4 LOCATED AT 3104 WEST 13TH STREET, FROM THE CITY OF LITTLE 5 ROCK, ARKANSAS, TO CROSS PROPERTY GROUP, LLC, TO BE 6 USED FOR NEIGHBORHOOD REVITALIZATION PROGRAMS; AND 7 FOR OTHER PURPOSES. 8 9 WHEREAS, the Board of Directors has stated as one of its goals a desire to provide for 10 neighborhood revitalization, and has taken special efforts to accomplish this goal through its use of 11 various City and Federal Funds, and in affirmative actions such as the creation of a Land Bank 12 Commission; and, 13 WHEREAS, in order to accomplish this goal is it required that properties be obtained and sold by the 14 City in areas that are appropriate for revitalization; and, 15 WHEREAS, Cross Property Group, LLC, has indicated a desire to purchase from the City of Little 16 Rock,Arkansas, for the property located at 3104 West 14th Street; and, 17 WHEREAS, City Staff acquired the property through a donation and there are no significant title 18 issues; and, 19 WHEREAS, the City has performed an Environmental Assessment of the property pursuant to 24 20 C.F.R. § 58,et seq.(2003),which revealed no environmental problems; and, 21 WHEREAS, in consideration for donation of the property for the public purpose of neighborhood 22 revitalization; and, 23 WHEREAS, the City of Little Rock will provide Cross Property Group, LLC, with a Quit-Claim 24 Deed to the property, attached as Quit-Claim Deed and to include stipulations set forth in the attached 25 agreement, labeled Exhibit A and Offer and Acceptance, labeled Exhibit B;and, 26 WHEREAS,Arkansas State Law requires that the City transfer the property by resolution adopted by 27 the Board of Directors. 28 NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 29 OF LITTLE ROCK,ARKANSAS: 30 Section 1. The Board of Directors hereby will donate the property by Quit-Claim Deed described as 31 3104 West 14`h Street,to Cross Property Group, LLC. 32 Section 2.The property will be used for a private purpose to serve the public, specifically to improve 33 City Revitalization Programs. [Page 1 of 12] 1 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 2 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 3 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 4 effect a if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 5 ordinance. 6 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with 7 the provisions of this resolution are hereby repealed to the extent of such inconsistency. 8 ADOPTED: Ma0y 18,2021 9 A. i APPROVED: 10 1141 � 12 an . eyty Clerk F ank Scott,Jr.,M r 13 APPRO I • 0 LEGAL FORM: 14 15 ( 7. t. e . 16 Thomas M. Carpenter, City Atto ey 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // [Page 2 of 121 1 Exhibit A 2 3 Prepared By: 4 Shawn A.Overton, Deputy City Attorney 5 City of Little Rock 6 500 West Markham Street 7 Little Rock,AR 72201 8 Representative: 9 Ruby E. Dean,Redevelopment Administrator—Land Bank 10 11 QUIT-CLAIM DEED 12 (Donation by Government Agency) 13 14 The City of Little Rock, Arkansas, a municipal corporation, GRANTOR, (defined as the "Grantor"'), 15 for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration 16 paid by Cross Property Group, LLC, Grantee, whose tax mailing address is located at 2909 Holt Street, 17 Little Rock, Arkansas, 72204, does grant a Quit-Claim Deed to Grantee(s) and their applicable heirs, 18 beneficiaries, administrators, executor, successors, and assigns the following parcels of real property 19 (defined as the "Property"), so long as Grantee(s) abide by all provisions described in this Quit-Claim 20 Deed,but subject to: 21 (i) All previously recorded right(s), restriction(s), condition(s), covenant(s), reservation(s), 22 easement(s), servitude(s),and other applicable matter(s) in the Property's chain-of-title; and, 23 (ii) Grantor's reservation of easement rights for the benefit and necessity of any public 24 utilities located in, on, over, under, or through the Property as of the execution date of this Quit- 25 Claim Deed; and, 26 (iii)Grantor's reversionary rights; and, 27 (iv)all applicable zoning and building laws and ordinances; and, 28 (v)all taxes and assessments not yet due and payable;and, 29 (vi)all matters that would disclosed by an accurate survey of the Property; and, 30 (vii)any license(s), permit(s), authorization(s), or similar item(s) related to any activity on the 31 Property; and, 32 (viii) Grantor's reservation and reassertion of all existing or previously recorded or platted 33 easement(s), reservation(s), condition(s), restriction(s), right-of-way(s), highway(s), or other 34 right(s) in the Property's chain-of-title for Grantor's benefit, unless otherwise specifically 35 released by Grantor in a separate instrument of record in the Property's chain-of-title;and, 36 (ix)all provisions described in this Quit-Claim Deed; and, [Page 3 of 121 1 (x) all provisions described in Grantee(s) Application to Purchase Land Bank Property for 2 Renovation and New Construction or Application for Yard Expansion and Vacant Lot Purchase, 3 or both(defined,collectively,as the"Applications"); and, 4 (xi) all provisions described in the Offer and Acceptance (defined as the "Agreement,"which 5 is described in,Exhibit-A, and fully incorporated for reference as if rewritten). 6 7 LEGAL DESCRIPTION 8 9 Property is situated in the State of Arkansas,County of Pulaski, City of Little Rock,and further being 10 described hereof. 1 1 Jones & Worthen E45' of S93' of 11 & WS' OF S93' OF 12 22,Also known as 3104 12 West 14th Street. 13 14 TERMS&CONDITIONS 15 16 I. COVENANTS RUNNING WITH THE LAND,SUCCESSORS&ASSIGNS: 17 Grantee(s), except to the extent released by Grantor, agrees all provisions described in this Quit- 18 Claim Deed are covenants forever: 19 (i) burdening,benefitting, and running with the land of the Property; and, 20 (ii) inuring and binding to the benefit and detriment of Grantor and Grantee(s) and 21 his/her/their/its respective, applicable heirs, beneficiaries, administrators, executors, successors, 22 and assigns. Accordingly, Grantee(s) and his/her/their/its applicable heirs, beneficiaries, 23 administrators, executors, successors, and assigns agree that either Grantee(s) use of the Property 24 or recordation of this Quit-Claim Deed are each deemed actions of Grantee{s) acceptance of all 25 provisions described in this Quit-Claim Deed. 26 2. REQUIREMENTS & RESTRICTIONS: 27 Grantee(s), in further consideration of Grantor granting the Property to Grantee(s), covenant to 28 perform and abide by the following requirements and restrictions after this Quit-Claim Deed's date of 29 execution: 30 2.1 REAL ESTATE TAXES & ASSESSMENTS. For a period of five (5) years, pay all of the 31 Property's Real Property Taxes and assessments becoming due and payable. 32 2.2 DELINQUENCY. Prohibit the Property from suffering any type of delinquency, tax liens, or 33 incur any other associated penalties. 34 2.3 ADVERTISING. Prohibit the construction of any billboards or advertising material on the 35 Property,except for identification signs permitted by Grantor under the Columbus City Graphics Code. !Page 4 of 121 1 2.4 UNLAWFUL ACTIVITY. Prohibit the occurrence of any unlawful activity on the Property. 2 2.5 PROPERTIES PURCHASED WITH FEDERAL FUNDS. To qualify under Land Bank 3 programs for lot purchased with any Federal Funds, an applicant's total household income cannot exceed 4 80%of the Area Median Income as set forth by the U.S. Department of Housing and Urban Development 5 (HUD) Guidelines. Note: All applicants will be required to submit documentation evidencing total 6 household income to ensure compliance with HUD Income Guideline. 7 3. DEFAULT.REVERSION& IMPROVEMENT(S): 8 3.1 DEFAULT. Grantee(s), in addition to the provisions described in this Quit-Claim Deed, is 9 required to perform and adhere to all of the provisions described: 10 (i) in Grantee(s) completed Applications that Grantee(s) submitted to Grantor, which 11 Grantor relied upon the Applications to execute this Quit-Claim Deed granting the Property to 12 Grantee(s); and, 13 (ii) the Agreement executed between Grantor and Grantee(s), which Grantor also relied upon 14 the Agreement to execute this Quit-Claim Deed granting the Property to Grantee(s). Accordingly. 15 Grantee(s) default if Grantee(s) (a) violate any one or more of the provisions contained in this 16 Quit-Claim Deed, Applications, or Agreement, and (b) fail to cure the default within thirty (30) 17 days after Grantor's written notice of the default to Grantee(s). 18 3.2 REVERSION. Grantor expressly reserves to itself a reversionary interest in the Property in the 19 event or a default by Grantee(s) of any provisions contained in this Quit-Claim Deed, Applications, or 20 Agreement. Upon Grantee(s) default of any provisions described in this Quit-Claim Deed, Applications, 21 or Agreement but at Grantor's sole option and discretion. Grantor reserves the rights to: 22 (i) enter the Property; and, 23 (ii) take possession of the Property; and, 24 (iii) revest the Property in the name of Grantor by executing and recording an "Affidavit on 25 Facts Relating to Title" of record in the Property's chain-of-title giving public notice of the 26 Property's reversion to Grantor. Grantee(s), upon Grantor's notice to Grantee(s) of Grantee(s) 27 default of any provisions described in this Quit-Claim Deed, Applications, or Agreement is 28 required to execute and deliver a recordable deed instrument of conveyance to Grantor, as 29 approved by the City of Little Rock City Attorney, confirming and perfecting the Property's 30 reversion to Grantor in addition to the affidavit described in this section. 31 FURTHER, the Grantor covenants with the Grantee completed construction for the property 32 that will make the property safe and in code compliant condition in at least two (2) years from 33 closing. Failure to complete construction for the property that will make the property safe and in 34 code compliant condition in at least two (2)years from closing shall cause the property to revert 35 to the Grantor at no cost. [Page 5 of 121 1 3.3 IMPROVEMENT(S). Grantee(s) agree that any improvement(s) on the Property immediately 2 attach and become part of the Property; however. in the event Grantor exercises its reversionary rights, 3 Grantor's revesting of the title in the Property is subject and does not defeat, invalidate,or limit the lien of 4 any mortgage(s) financing the construction of any improvement(s) on the Property during Grantee(s) 5 ownership or the Property. In the event Grantor exercises its reversionary rights to the Property,then: 6 (i) all rights, title, interest, and estate to any improvement(s) on the Property immediately 7 vests with Grantor; and, 8 (ii) Grantee(s) will be prohibited from possessing any rights or claims against Grantor for 9 contribution, compensation, or reimbursement for any of the improvement(s) on the Property 10 during Grantee(s)ownership of the Property. 11 4. RESERVATIONS: 12 Grantor conveys the Property subject to any previously recorded or platted right(s), restriction(s), 13 condition(s), covenant(s), reservation(s), easement(s), highway(s), right-of-way(s), and other applicable 14 matter(s)in the Property's chain-of-title. Additionally, Grantor forever reserves and reasserts to itself: 15 (i)any existing public right-of-way(s)and highway(s)on the Property; and, 16 (ii) all previously recorded or platted easement(s) reservation(s), condition(s), restriction(s), 17 right-of-way(s), highway(s), or other right(s) benefitting Grantor but predating Grantor's present 18 ownership of the Property, unless otherwise specifically released by Grantor in a separate 19 instrument of record in the Property's chain-of-title;and, 20 (iii) easement rights for the benefit and necessity of all existing public utilities located in, on, 21 over, under, or through the Property as of the execution date of this Quit-Claim Deed. 22 5. RELEASE: 23 Pursuant to the ordinance authorizing Grantor to execute this Quit-Claim Deed, and in order to ensure 24 compliance with the Land Bank Program, Grantor's Director of Housing and Neighborhood Programs is 25 authorized to execute and deliver a recordable instrument, as approved by the Little Rock City Attorney, 26 releasing the Property from the operation of certain restrictive provisions described in this Quit-Claim 27 Deed only upon: 28 (i)Grantee(s} written request to Grantor;and, 29 (ii) Grantor's written approval of Grantee(s) satisfaction of all provisions described in this 30 Quit-Claim Deed, Applications,and Agreement. 31 6. RIGHTS&REMEDIES: 32 Grantor is entitled to the injunctive relief described in this section in addition to any other relief 33 Grantor is entitled, included but not limited to specific performance of any provision of this Quit-Claim 34 Deed, without the necessity of proving either actual damages or the inadequacy of otherwise available 35 legal remedies. Grantor, where injunctive relief or specific performance does not appropriately remedy [Page 6 of 12] 1 Grantor, is entitled to recover damages from Grantee(s) for the violation of any provision of this Quit- 2 Claim Deed. Grantor, in its sole discretion but without limiting Grantee(s) respective liabilities or rights 3 under this Quit-Claim deed, is permitted to apply any damages recovered to the costs of undertaking any 4 corrective action under this Quit-Claim Deed. Furthermore,Grantee(s) is responsible for all costs incurred 5 by Grantor in enforcing the provisions of this Quit-Claim Deed against Grantee(s), including but not 6 limited to costs and expenses of suit and attorney's fees. Grantor's remedies described in this section are 7 cumulative and are in addition to any present or future remedies existing at law or in equity. 8 7. NON-WAIVER: 9 Grantor or Grantee(s)failure or refusal to exercise any rights described in this Quit-Claim Deed is not 10 a waiver of any rights Grantor or Grantee(s) possess to enforce the other party's obligations through any 11 rights and remedies Grantor or Grantee(s) has at law or in equity for the enforcement of the other party's 12 obligations. Accordingly, no waiver of any kind is valid against Grantor or Grantee(s) unless: 13 (i) reduced to writing; and, 14 (ii) and executed and approved by Grantor or Grantee(s) authorized representatives and 15 authority;and, 16 (iii)recorded in the Property's chain-of-title. 17 8. SEVERABILITY: 18 The remaining provisions of this Quit-Claim Deed will be unaffected and remain valid and 19 enforceable to the full extent permitted by law in the event and for any reason any provision of this Quit- 20 Claim Deed is held invalid or unenforceable under applicable law. 21 22 GRANTOR'S EXECUTION 23 24 Grantor, City of Little Rock, Pulaski County, Arkansas, a municipal corporation, by its authorized 25 representative, Frank Scott,Jr., Mayor of the City of Little Rock, Arkansas,pursuant to authority granted 26 by City of Little Rock, Board of Directors, does voluntarily acknowledge this Quit-Claim Deed on behalf 27 of Grantor on the effective date below. 28 29 30 City of Little Rock,GRANTOR 31 500 West Markham Street 32 Little Rock,Arkansas 72201 33 34 35 By: Frank Scott,Jr.,Mayor 36 'Page 7 of 121 1 ACKNOWLEDGEMENT 2 3 STATE OF ARKANSAS) 4 )) SS 5 COUNTY OF PULASKI) 6 7 On this day came before me, the undersigned, a Notary Public within and for the County and State 8 aforesaid,duly commissioned and acting personally appeared, Frank Scott,Jr., Mayor of the City of Little 9 Rock, Arkansas, known to me as the duly appointed agent for the Grantor in the foregoing Deed, and 10 acknowledged that he has executed the same for the consideration and purposes therein mentioned and set 11 forth. 12 WITNESS my hand and seal as such Notary Public this day of ,2021. 13 14 15 16 Notary Public 17 18 My Commission expires: 19 20 21 22 By: Casey Cross 23 Cross Property Group, LLC 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // 36 // 37 // (Page 8 of 121 1 ACKNOWLEDGEMENT 2 3 STATE OF ARKANSAS) 4 )) SS 5 COUNTY OF PULASKI) 6 7 On this day came before me, the undersigned, a Notary Public within and for the County and State 8 aforesaid, duly commissioned and acting personally appeared, Casey Cross, known to me as the Grantee 9 in the foregoing Deed, and acknowledged that they have executed the same for the consideration and 10 purposes therein mentioned and set forth. 11 WITNESS my hand and seal as such Notary Public this day of ,2021. 12 13 14 15 Notary Public 16 17 My Commission expires: 18 // 19 // 20 DOCUMENTARY TAX STATEMENT 21 22 I certify under penalty of false swearing that the legally correct amount of documentary stamps have 23 been placed on this instrument.(If none shown,exempt or no consideration paid.) 24 25 City of Little Rock 26 500 West Markham Street, Suite 120W 27 Little Rock,Arkansas 72201 28 29 30 By: Ruby E.Dean,Redevelopment Administrator 31 32 // 33 // 34 // 35 // 36 // 37 // Page 9 of 121 1 ACKNOWLEDGEMENT 2 STATE OF ARKANSAS) 3 ))SS 4 COUNTY OF PULASKI) 5 6 On this day came before me, the undersigned, a Notary Public within and for the County and State 7 aforesaid, duly commissioned and acting personally appeared, Ruby E. Dean, Redevelopment 8 Administrator,City of Little Rock,Arkansas. 9 WITNESS my hand and seal as such Notary Public this day of ,2021. 10 11 12 13 Notary Public 14 15 16 My Commission expires: 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // IPage 10 of 121 1 Exhibit B 2 3 OFFER AND ACCEPTANCE 4 5 The undersigned, 6 7 1. Herein called the `Buyer(s)" offer(s) to buy, subject to the terms set forth herein, the following 8 property from The City of Little Rock, 500 West Markham Street, Suite 120W, Little Rock, AR, 9 72201,herein called the"Seller(s)". 10 Jones & Worthen E45' of S93' of 11 & WS' OF S93' OF 12 22, Also known as 3104 11 West 14t Street 12 2. The Buyer(s) will pay Eight Thousand Dollars($8,000.00) for the property, Zero Dollars ($0.00) 13 as a down payment/earnest money and the balance of Eight Thousand Dollars ($8,000.00) by 14 check at closing. 15 3. Special Conditions: 16 • Approval by Land Bank Commission 17 • Approval by Little Rock City Board of Directors 18 1. The Land Bank to pay the City's closing costs 19 2. Buyer to pay buyers closing costs 20 3. Boyer completes the project within the two(2)-year time frame 21 Lots Purchased with Federal Funds 22 To qualify under Land Bank Programs for lot purchased with any Federal Funds, an applicant's total 23 household income cannot exceed 80% of the Area Median Income as set forth by the U.S. Department of 24 Housing and Urban Development (HUD) Guidelines. Note: All applicants will be required to submit 25 documentation evidencing total household income to ensure compliance with HUD Income Guideline. 26 4. Conveyance shall be made to Buyer(s), or as directed by Buyer(s),by Quit-Claim Deed except it shall 27 be subject to recorded restrictions and easements, if any. 28 5. The owner(s) of the above property, hereinafter called Seller(s), shall furnish at Seller's cost an 29 owner's policy reflecting merchantable satisfactory to Buyer(s)and/or the Buyer's attorney, Seller(s) 30 shall have a reasonable time after acceptance within which to furnish Title Insurance. If objections 31 are made to title, Seller(s) shall have a reasonable time to meet the objections or to furnish Title 32 Insurance. 33 6. Buyer herewith tenders Zero Dollars($0.00)as earnest money,to become part of purchase price upon 34 acceptance. This sum shall be held by Buyer(s)/Agent/Title Company and if offer is not accepted or if [Page 11 of 12] 1 title requirements are not fulfilled, it shall be promptly returned to Buyer(s). If after acceptance, 2 Buyer(s) fail to fulfill his/her/their obligation(s), the earnest money may become liquidated damages, 3 which fact shall not preclude Seller(s)or Agent from asserting other legal rights which they may have 4 because of such breach. 5 7. Taxes and special assessments, due on or before the closing date shall be paid by the Seller(s). 6 Current general taxes and special assessments shall be pro-rated as of closing date based upon the last 7 tax statement. Insurance, interest and rental payments shall be pro-rated as of closing date. 8 8. Seller(s) shall vacate the property (if applicable) and deliver possession to Buyer(s) on or before one 9 (1)-day after the closing date. Seller(s)agree to pay rent to Buyer(s)of$N/A per day until possession 10 is given after the closing date if applicable. 11 9. Buyer(s) certifies that he or she has/they have inspected the property and he or she is /they are not 12 relying upon any warranties, representations or statements of the Seller(s)/Agent as to age or physical 13 condition of improvements. The risk of loss or damage to the property by fire or other casualties 14 occurring up to the time of transfer of title on the closing date is assumed by the Seller(s). 15 10. The closing date shall be on or before June 1, 2021. 16 17 18 19 Casey Cross,Cross Property Group, LLC Ruby E. Dean, Redevelopment Administrator 20 (Buyer) City of Little Rock Land Bank 21 (501)681-2243 (Representative of Seller) 22 rdean(ailittlerock.gov 23 (501)371-4848 24 25 26 27 Date Date 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // 36 // 37 // 38 // (Page 12 of 121