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
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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
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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
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of Pulaski and State of Arkansas, to -wit:
and,
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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
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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
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professional engineer.
II
GIFT
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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
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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
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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.
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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
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FINANCIAL CENTRE CORPORATION,
AN ARKANSAS CORPORATION,
CITY:
CITY OF LTTTLE R R, AR NSAS
MAYOR
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