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7327RESOLUTION NO.71327 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF LITTLE ROCK AND JOHNSON RANCH PARTNERSHIP; AND FOR OTHER PURPOSES WHEREAS, Johnson Ranch Partnership is the owner of certain real property situated in part of the West Half, Southwest Quarter of Sections 13 and 14, Township 2 North, Range 14 West, Pulaski County, Arkansas lying North of State Highway No. 10, which property was annexed to and accepted by the City pursuant to Ordinance No. 14,801 passed 12/18/84 ; and, WHEREAS, the City of Little rock is desirous of utilizing a portion of said real property for public purposes and Johnson Ranch Partnership is agreeable to donating a portion of such property to the City for such purposes and in order to fully carry out such intent the parties have entered into a mutual agreement. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. The Mayor and City Clerk, acting for and in behalf of the City of Little Rock, are hereby authorized and directed to execute an Agreement with Johnson Ranch Partner- ship whereby Johnson Ranch Partnership will donate to the City a certain parcel of real property for public purposes. Said Agreement shall be substantially in the form and substance as reflected by and set forth in Exhibit "A" attached hereto and made a part hereof. SECTION 2. The Mayor and City Clerk are further authorized and directed to execute any and all other documents deemed necessary to carry out the intent and purposes of said Agreement. SECTION 3. This Resolution shall be in full force and effect from and after its adoption. ADOPTED: February 19, 1985 ATTEST: 'ty Clerk J e Czech APPROVED: J. Mayor Thomas 9 Prince 32 9-/0 C - (o N'16AW 40to 'W. 1W,32fM JOHN /LR:5 DRAFT:011185 84225 33 * * * * * * * * * * * * * * * * * * * ** A G R E E M E N T BY AND BETWEEN Johnson Ranch Partnership, An Arkansas General Partnership, C/o Mr. Edward K. Willis Financial Centre Corporation Suite 425, Two Financial Centre Financial Centre Parkway Little Rock, Arkansas City of Little Rock, Arkansas C/O Susan Fleming, City Manager City Hall Little Rock, Arkansas * * * * * * * * * * * * * * * * * * * * * THIS AGREEMENT is made and entered into on this 15th day of January, 1985 by and between Johnson Ranch Partnership, an Arkansas General Partnership, hereinafter referred to as the "Owner ", and the City of Little Rock, Arkansas, hereinafter referred to as the "City ". WHEREAS, the Owner is the fee simple absolute owner of the following described real property situated in the County c- 7 � � M of Pulaski and State of Arkansas, to -wit: and, JOHN /LR:5 DRAFT:011185 84225 Part of the W 1, SW }, Section 13, and Part of the E } of Section 14, lying North of Arkansas State Highway No. 10, Township 2 North, Range 14 West, Pulaski County, Arkansas, more particularly described as follows: Starting at the Northeast corner of the NW }, SW }, said Section 13; thence S 00° 51' 40" W along the East line of said NW 3, SW a, said East line being, the present City Limits line, 439.70 ft, to the point of beginning; thence continue S 00° 51' 40" W along said East line of the NW S, SW 3, 885.0 ft. to the Northeast corner of the SW 1, SW }, said Section 13; thence S 000 16' 06" W along the East line of said SW 3, SW }, said East line being the present City Limits line, 1242.2 ft. to a point on the North right -of -way line of Arkansas State Highway No. 10; thence Northwesterly along said North right -of -way line being the arc of a 1392.4 ft. radius curve to the right, having a chord bearing and distance of N 670 21' 06" W, con us fr fn n nninte thence N 520 53' W and continuing along said North right -of -way line, 1508.5 ft. to a point; thence Northwesterly and continuing along said North right -of -way line, being the arc of a 1949.86 ft. radius curve to the left, having a chord bearing and distnace of N 630 46' W, 736.31 ft. to a point; thence N 74° 33' W and continuing along said North right -of -way line, 200.0 ft. to a point; thence, N 73° 51' W and continuing along said North right -of -way line, 1326.9 ft, to a point on the West line of the E } of-said Section 14; thence N O1° 31' E along said West line, 1350.0 ft. to a point; thence S 89° 44' 17" E, 1518.26 ft. to a point; thence S 68° 46' 35" E,552.47 ft. to a point; thence S 260 56' 56" E, 1334.96 ft. to a point; thence N 790 12' 29" E, 1337.04 ft. to the point of beginning, containing 147.8807 acres, more or less; WHEREAS, the Owner did petition the County Court of Pulaski County, Arkansas to annex the above described real -2- M M 34 K67 JOHN /LR:5 DRAFT:011185 84225 property to the City of Little Rock, Arkansas, said petition being granted by the Pulaski County Judge as evidenced by his Order of Annexation entered on 11/09/84 ; and, WHEREAS, the City, according to law, did accept said real property as annexed to the City. of Little Rock, Arkansas, as evidenced by Ordinance # 14,801 adopted on 12/8184 ; and, WHEREAS, the City is desirous of utilitizing a portion of said real property for public purposes and the Owner agrees to make available to the City a portion of said property to be used for public purposes. NOW THEREFORE, W I T N E S S E T H: That for and in consideration of the premises and mutual covenants herein contained to be well, truly and completely performed by the parties hereto and for and in consideration of the mutual benefits accruing to the parties hereto, the Owner and City do by these presents covenant and agree as hereinafter set forth: I PLAT That attached hereto marked as Exhibit "A" and made a part hereof is a plat of the heretofore described real property, prepared by Edward G. Smith, a registered -3- professional engineer. II GIFT JOHN /LR:5 DRAFT:011185 84225 For a period of Fifteen (15) years from the date hereof, the Owner agrees that it will, within 60 days of written notice to it .from the City, donate as a gift (the value of which shall be determined and set by a MIA appraisal obtained by the Owner and acknowledged in writing by the City) to the City by Warranty Deed, containing the restrictions, provisions and covenants herein set forth, a tract of land to be selected by the City; provided, however, said tract must contain no more than 50,000 square feet in total contiguous area, must front on Katillus Road with no more than 200 feet of frontage thereon, and must be situated along Katillus Road no closer than 200 feet from Highway #10 and no further than 600 feet therefrom. Provided, further, the final site selection shall be made in the sole discretion of the Owner. III LAND USE Provided, further, the City covenants that said Tract of Land will be developed by the City, solely and exclusively, for the construction and operation of a municipal fire station, a municipal library or municipal -4- a we JOHN /LR:5 DRAFT:011185 84225 office building (to provide municipal administrative or clerical services) and said Tract shall be used for no other municipal purpose or other purposes whatsoever. IV ARCHITECTURAL CONTROLS It is the expressed intention of the Parties hereto that the Owner be given the right and privilege to insure the architectual intergity of its other developments within the above described real property. Therefore, no improvement, building, wall or fence shall be erected or placed on the tract of land until complete building plans, specifications (specifically showing exterior design and materials), and plot plans, showing the location thereof with respect to existing topography and finish ground elevations, have been approved in writing by Owner, its successors or assigns. In the event said Owner, its successors or assigns, fails to approve or disapprove any plans and specifications for a proposed improvement within thirty (30) days after submission to it, such approval as to such improvement will not be required and this covenant will be deemed to be fully complied with as to such improvement. V CONSTRUCTION -5- a 37 JOHN /LR:5 DRAFT:011185 84225 The City agrees that it will commence construction of any building or improvement to be located on the Tract within 180 days from the date title thereto is transferred by the Owner to the City and further agrees that construction of said improvements or building will be completed within Eighteen (18) months of the commencement of said construction. VI ASSIGNMENT The rights, privileges and obligations herein granted to the City may not be assigned, transferred or conveyed by the City without the prior written consent of the Owner. VII REVERSION In the event the City should fail or refuse to comply with the terms and provisions hereof within the time and manner herein provided, time being of the essence, then and in that event the title to the Tract of Land shall automatically revert to Owner, its successors or assigns, and the Owner shall be entitled to immediate possession thereof; the terms and provisions hereof thereafter being null and void. The City agrees to execute any and all documents required by the Owner necessary to effectuate said transfer. V -6- � � Ir r r � iii � � � � � U■r � � JOHN /LR:5 DRAFT:011185 84225 VIII RIGHT TO ENFORCE The restrictions, terms, provisions, covenants and agreements herein set forth shall run with the land and shall bind the Parties hereto, their successors and assigns, and all parties claiming by, through or under each of the parties hereto with full right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach or to enforce the observance of the restrictions above set forth, in addition to ordinary legal action for damages. IN WITNESS WHEREOF, the parties hereto do hereby execute this agreement by affixing their respective signatures hereon on the day and year first above mentioned. Owner: JOHNSON RANCH PARTNERSHIP, AN ARKANSAS GENERAL PARTNERSHIP, BY: S. I. ABILENE, INC., an Arka� �or oration/ ATTEST: AND -7- 39 ATTEST: r JOHNAR : 5 DRAFT:011185 84225 FINANCIAL CENTRE CORPORATION, AN ARKANSAS CORPORATION, CITY: CITY OF LTTTLE R R, AR NSAS MAYOR -8- x[17