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15565 1 RESOLUTION NO. 15,565 3 A RESOLUTION TO TRANSFER THE TITLE OF THE PROPERTIES 4 LOCATED AT 3023 WEST 11TH STREET AND 1614 SOUTH WOODROW 5 STEET, FROM THE CITY OF LITTLE ROCK, ARKANSAS, TO YSD 6 DESIGN & DEVELOPMENT (BRITTANY HOBBS), TO BE USED FOR 7 NEIGHBORHOOD REVITALIZATION PROGRAMS; AND FOR OTHER 8 PURPOSES. 9 10 WHEREAS, the Board of Directors has stated as one of its goals a desire to provide for 11 neighborhood revitalization, and has taken special efforts to accomplish this goal through its use of 12 various City and Federal Funds, and in affirmative actions such as the creation of a Land Bank 13 Commission;and, 14 WHEREAS,in order to accomplish this goal is it required that properties be obtained and sold by the 15 City in areas that are appropriate for revitalization; and, 16 WHEREAS, YSD Design & Development (Brittany Hobbs) has indicated a desire to purchase from 17 the City of Little Rock, Arkansas, the properties located at 3023 West 11th Street and 1614 South 18 Woodrow Street;and, 19 WHEREAS, City Staff acquired 3023 West 11th Street in 2012 for $3,000.00, and 1614 South 20 Woodrow in 2017 for$3,000.00;and, 21 WHEREAS, the City has performed an Environmental Assessment of the properties pursuant to 24 22 C.F.R. § 58,et seq.(2003),which revealed no environmental problems;and, 23 WHEREAS, in consideration for donation of the property for the public purpose of neighborhood 24 revitalization,and, 25 WHEREAS,the City of Little Rock will provide YSD Design&Development(Brittany Hobbs)with 26 a Quit-Claim Deed to the properties, attached as Quit-Claim Deed and to include stipulations set forth in 27 the attached agreement, labeled Exhibit A and Offer and Acceptance,labeled Exhibit B;and, 28 WHEREAS, Arkansas State Law requires that the City transfer the properties by resolution adopted 29 by the Board of Directors. 30 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 31 OF LITTLE ROCK,ARKANSAS: 32 Section 1. The Board of Directors hereby will transfer the properties by Quit-Claim Deed described 33 as 3023 West 11th Street and 1614 South Woodrow Street, to YSD Design & Development (Brittany 34 Hobbs). [Page 1 of 121 1 Section 2. The property will be used for a private purpose to serve the public, specifically to improve 2 City Revitalization Programs. 3 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 4 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 5 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 6 effect a if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 7 ordinance. 8 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with 9 the provisions of this resolution are hereby repealed to the extent of such inconsistency. 10 ADOPTED: November 16,2021 11 A. APPROVED: 12 .1� 13 ',rots. 14 usan 'le /bay Clerk ank Scott,Jr., 15 APPRS.D • TO LEGAL FORM: 16 176:7,A. . 18 Thomas M. Carpenter, City Att ey 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--II 14 The City of Little Rock, Arkansas, a municipal corporation, GRANTOR, (defined as the "Grantor"), 1 for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration 1 paid by YSD Design & Development, Grantee, whose tax mailing address is located at 2019 South 1 Gaines Street, Little Rock, Arkansas, 72206, does grant a Quit-Claim Deed to Grantee(s) and their 1 applicable heirs, beneficiaries, administrators, executor, successors, and assigns the following parcels of 1 1 real property (defined as the "Property"), so long as Grantee(s) abide by all provisions described in this 2 Quit-Claim Deed, but subject to: 2 (i) All previously recorded right(s), restriction(s), condition(s), covenant(s), reservation(s), 2 easement(s), servitude(s),and other applicable matter(s)in the Property's chain-of-title; and, 2 (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, 3Q (vii) any license(s), permit(s), authorization(s), or similar item(s)related to any activity on the 311 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 Properties is situated in the State of Arkansas,County of Pulaski,City of Little Rock,and further 10 being described hereof. 11 Lot 6; Block 6 Jones & Worthen, commonly known as 3023 West 11' Street, Little 12 Rock,Arkansas(Parcel No. 34L0920007200). 13 Lot 13; Block 10 Johnson C&P, commonly known as 1614 South Woodrow Street, 14 Little Rock,Arkansas(Parcel No. 34L1480012200). 15 16 TERMS&CONDITIONS 17 18 1. COVENANTS RUNNING WITH THE LAND,SUCCESSORS&ASSIGNS: 1 Grantee(s), except to the extent released by Grantor, agrees all provisions described in this Quit- 2 Claim Deed are covenants forever: 2 (i) burdening, benefitting,and running with the land of the Property; and, 2 (ii) inuring and binding to the benefit and detriment of Grantor and Grantee(s) and 2 his/her/their/its respective, applicable heirs, beneficiaries, administrators, executors, successors, 24 and assigns. Accordingly, Grantee(s) and his/her/their/its applicable heirs, beneficiaries, 2 administrators, executors, successors, and assigns agree that either Grantee(s) use of the Property 2 or recordation of this Quit-Claim Deed are each deemed actions of Grantee{s) acceptance of all 2 provisions described in this Quit-Claim Deed. 28 2. REQUIREMENTS& RESTRICTIONS: 29 Grantee(s), in further consideration of Grantor granting the Property to Grantee(s), covenant to 30 perform and abide by the following requirements and restrictions after this Quit-Claim Deed's date of 31 execution: 32 2.1 REAL ESTATE TAXES & ASSESSMENTS. For a period of five (5) years, pay all of the 33 Property's Real Property Taxes and assessments becoming due and payable. 34 2.2 DELINQUENCY. Prohibit the Property from suffering any type of delinquency, tax liens, or 35 incur any other associated penalties. [Page 4 of 12] 1 2.3 ADVERTISING. Prohibit the construction of any billboards or advertising material on the 2 Property,except for identification signs permitted by Grantor under the Columbus City Graphics Code. 3 2.4 UNLAWFUL ACTIVITY. Prohibit the occurrence of any unlawful activity on the Property. 4 3. DEFAULT.REVERSION& IMPROVEMENT(S): 5 3.1 DEFAULT. Grantee(s), in addition to the provisions described in this Quit-Claim Deed, is 6 required to perform and adhere to all of the provisions described: 7 (i) in Grantee(s) completed Applications that Grantee(s) submitted to Grantor, which 8 Grantor relied upon the Applications to execute this Quit-Claim Deed granting the Property to 9 Grantee(s); and, 1 (ii) the Agreement executed between Grantor and Grantee(s), which Grantor also relied upon 11 the Agreement to execute this Quit-Claim Deed granting the Property to Grantee(s). Accordingly. 1 Grantee(s) default if Grantee(s) (a) violate any one or more of the provisions contained in this 1 Quit-Claim Deed, Applications, or Agreement, and (b) fail to cure the default within thirty (30) 14 days after Grantor's written notice of the default to Grantee(s). 15 3.2 REVERSION. Grantor expressly reserves to itself a reversionary interest in the Property in the 16 event or a default by Grantee(s) of any provisions contained in this Quit-Claim Deed, Applications, or 17 Agreement. Upon Grantee(s) default of any provisions described in this Quit-Claim Deed, Applications, 18 or Agreement but at Grantor's sole option and discretion. Grantor reserves the rights to: 1' (i) enter the Property; and, 2 I (ii) take possession of the Property; and, 2 (iii) revest the Property in the name of Grantor by executing and recording an "Affidavit on 2• Facts Relating to Title" of record in the Property's chain-of-title giving public notice of the 2 Property's reversion to Grantor. Grantee(s), upon Grantor's notice to Grantee(s) of Grantee(s) 2, default of any provisions described in this Quit-Claim Deed, Applications, or Agreement is 2' required to execute and deliver a recordable deed instrument of conveyance to Grantor, as 2. approved by the City of Little Rock City Attorney, confirming and perfecting the Property's 27 reversion to Grantor in addition to the affidavit described in this section. 28 FURTHER, the Grantor covenants with the Grantee completed construction for the property 29 that will make the property safe and in code compliant condition in at least two (2) years from 30 closing. Failure to complete construction for the property that will make the property safe and in 31 code compliant condition in at least two (2)years from closing shall cause the property to revert 32 to the Grantor at no cost. 33 3.3 IMPROVEMENT(S). Grantee(s) agree that any improvement(s) on the Property immediately 34 attach and become part of the Property; however. in the event Grantor exercises its reversionary rights, 35 Grantor's revesting of the title in the Property is subject and does not defeat, invalidate, or limit the lien of (Page 5 of 121 1 any mortgage(s) financing the construction of any improvement(s) on the Property during Grantee(s) 2 ownership or the Property. In the event Grantor exercises its reversionary rights to the Property,then: 3 (i) all rights, title, interest, and estate to any improvement(s) on the Property immediately 4 vests with Grantor;and, 5 (ii) Grantee(s) will be prohibited from possessing any rights or claims against Grantor for 6 contribution, compensation, or reimbursement for any of the improvement(s) on the Property 7 during Grantee(s)ownership of the Property. 8 4. RESERVATIONS: 9, Grantor conveys the Property subject to any previously recorded or platted right(s), restriction(s), 11 condition(s), covenant(s), reservation(s), easement(s), highway(s), right-of-way(s), and other applicable 11 matter(s)in the Property's chain-of-title.Additionally,Grantor forever reserves and reasserts to itself: 1 (i)any existing public right-of-way(s)and highway(s)on the Property; and, 13 (ii) all previously recorded or platted easement(s) reservation(s), condition(s), restriction(s), 1 right-of-way(s), highway(s), or other right(s) benefitting Grantor but predating Grantor's present 1' ownership of the Property, unless otherwise specifically released by Grantor in a separate 1; instrument of record in the Property's chain-of-title;and, 1 (iii) easement rights for the benefit and necessity of all existing public utilities located in, on, 18 over, under, or through the Property as of the execution date of this Quit-Claim Deed. 19 5. RELEASE: 20 Pursuant to the ordinance authorizing Grantor to execute this Quit-Claim Deed, and in order to ensure 21 compliance with the Land Bank Program, Grantor's Director of Housing and Neighborhood Programs is 2 authorized to execute and deliver a recordable instrument, as approved by the Little Rock City Attorney, 2 releasing the Property from the operation of certain restrictive provisions described in this Quit-Claim 24 Deed only upon: 2 (i)Grantee(s} written request to Grantor; and, 2 c (ii) Grantor's written approval of Grantee(s) satisfaction of all provisions described in this 2 Quit-Claim Deed, Applications, and Agreement. 2: 6. RIGHTS&REMEDIES: 2' Grantor is entitled to the injunctive relief described in this section in addition to any other relief 31 Grantor is entitled, included but not limited to specific performance of any provision of this Quit-Claim 31 Deed, without the necessity of proving either actual damages or the inadequacy of otherwise available 32 legal remedies. Grantor, where injunctive relief or specific performance does not appropriately remedy 33 Grantor, is entitled to recover damages from Grantee(s) for the violation of any provision of this Quit- 34 Claim Deed. Grantor, in its sole discretion but without limiting Grantee(s) respective liabilities or rights 35 under this Quit-Claim deed, is permitted to apply any damages recovered to the costs of undertaking any [Page 6 of 12] 1 corrective action under this Quit-Claim Deed. Furthermore,Grantee(s) is responsible for all costs incurred 2 by Grantor in enforcing the provisions of this Quit-Claim Deed against Grantee(s), including but not 3 limited to costs and expenses of suit and attorney's fees. Grantor's remedies described in this section are 4 cumulative and are in addition to any present or future remedies existing at law or in equity. 5 7. NON-WAIVER: 6 Grantor or Grantee(s)failure or refusal to exercise any rights described in this Quit-Claim Deed is not 7 a waiver of any rights Grantor or Grantee(s) possess to enforce the other party's obligations through any 8 rights and remedies Grantor or Grantee(s) has at law or in equity for the enforcement of the other party's 9 obligations.Accordingly,no waiver of any kind is valid against Grantor or Grantee(s)unless: 10 (i) reduced to writing; and, 111 (ii) and executed and approved by Grantor or Grantee(s) authorized representatives and 1 authority; and, 1 (iii)recorded in the Property's chain-of-title. 1 8. SEVERABILITY: 15 The remaining provisions of this Quit-Claim Deed will be unaffected and remain valid and 1 f enforceable to the full extent permitted by law in the event and for any reason any provision of this Quit- 1 Claim Deed is held invalid or unenforceable under applicable law. 1: 1' GRANTOR'S EXECUTION 21 2 Grantor, City of Little Rock, Pulaski County, Arkansas, a municipal corporation, by its authorized 2. representative, Frank Scott,Jr., Mayor of the City of Little Rock, Arkansas, pursuant to authority granted 2 by City of Little Rock, Board of Directors, does voluntarily acknowledge this Quit-Claim Deed on behalf 24 of Grantor on the effective date below. 21 2 27 City of Little Rock,GRANTOR 28 500 West Markham Street 29 Little Rock,Arkansas 72201 30 31 32 By: Frank Scott,Jr.,Mayor 33 34 // 35 // 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: Brittany Hobbs,YSD Design & Development 23 // 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, Brittany Hobbs, known to me as the Grantees in the foregoing Deed,and acknowledged that they have executed the same for the consideration 1 and purposes therein mentioned and set forth. 111 WITNESS my hand and seal as such Notary Public this day of ,2021. 1 1 1 1 Notary Public 1 17 My Commission expires: 18 // 19 // 20 // 21 DOCUMENTARY TAX STATEMENT 2- 2 I certify under penalty of false swearing that the legally correct amount of documentary stamps have 2' been placed on this instrument.(If none shown,exempt or no consideration paid.) 2' 2 City of Little Rock 2 500 West Markham Street,Suite 120W 2; Little Rock,Arkansas 72201 2' 30 31 By: Ruby E. Dean, Redevelopment Administrator 32 33 // 34 // 35 // 36 // 37 // [Page 9 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, Ruby E. Dean, Redevelopment 9 Administrator,City of Little Rock,Arkansas. 10 WITNESS my hand and seal as such Notary Public this day of ,2021. 11 12 13 14 Notary Public 15 1 1 My Commission expires: 1 // 1 // 2 // 21 // 2 // 2 // 2 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // Page 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, 72201,herein called the"Seller(s)". 1 I Lot 6; Block 6 Jones & Worthen, Pulaski County, Arkansas, more commonly known as ' 1 3023 West 11t Street, Little Rock,Arkansas(Parcel No. 34L0920007200). 1. Lot 13; Block 10 Johnson C&P, Pulaski County, Arkansas, more commonly known as 1 1614 South Woodrow Street, Little Rock,Arkansas(Parcel No. 34L1480012200). 1, 2. The Buyer(s)will pay Four Thousand Dollars($4,000.00)for the properties,Zero Dollars($0.00) 1' as a down payment/earnest money and the balance of Four Thousand Dollars ($4,000.00) by 1 c check at closing. 1 3. Special Conditions: 1: • Approval by Land Bank Commission 1' • Approval by Little Rock City Board of Directors 2I 1. The Land Bank to pay the City's closing costs 2 2. Buyer to pay buyers closing costs 2. 4. Conveyance shall be made to Buyer(s),or as directed by Buyer(s),by Quit-Claim Deed except it shall 2 be subject to recorded restrictions and easements, if any. 2, 5. The owner(s) of the above property, hereinafter called Seller(s), shall furnish at Seller's cost an 2 owner's policy reflecting merchantable satisfactory to Buyer(s) and/or the Buyer's attorney, Seller(s) 2 shall have a reasonable time after acceptance within which to furnish Title Insurance. If objections 2 are made to title, Seller(s) shall have a reasonable time to meet the objections or to furnish Title 2: Insurance. 2" 6. Buyer herewith tenders Zero Dollars($0.00)as earnest money,to become part of purchase price upon 311 acceptance.This sum shall be held by Buyer(s)/Agent/Title Company and if offer is not accepted or if 3 title requirements are not fulfilled, it shall be promptly returned to Buyer(s). If after acceptance, 3 Buyer(s) fail to fulfill his/her/their obligation(s), the earnest money may become liquidated damages, 33 which fact shall not preclude Seller(s)or Agent from asserting other legal rights which they may have 34 because of such breach. [Page 11 of 12] 1 7. Taxes and special assessments, due on or before the closing date shall be paid by the Seller(s). 2 Current general taxes and special assessments shall be pro-rated as of closing date based upon the last 3 tax statement. Insurance, interest and rental payments shall be pro-rated as of closing date. 4 8. Seller(s) shall vacate the property (if applicable) and deliver possession to Buyer(s) on or before one 5 (1)-day after the closing date. Seller(s) agree to pay rent to Buyer(s) of$N/A per day until possession 6 is given after the closing date if applicable. 7 9. Buyer(s) certifies that he or she has/they have inspected the property and he or she is /they are not 8 relying upon any warranties, representations or statements of the Seller(s)/Agent as to age or physical 9 condition of improvements. The risk of loss or damage to the property by fire or other casualties 10 occurring up to the time of transfer of title on the closing date is assumed by the Seller(s). 11 10. The closing date shall be on or before March 1, 2021. 12 13 14 15 Brittany Hobbs, YSD Design & Development Ruby E. Dean, Redevelopment Administrator 16 (Buyer) City of Little Rock Land Bank 17 (334)-220-8073 (Representative of Seller) 18 rdean@littlerock.gov 19 (501)371-4848 20 21 22 23 Date Date 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // 36 // 37 // 38 // [Page 12 of 121