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8420475 1 RESOLUTION NO. 8,420 2 3 A RESOLUTION TO AMEND THE LITTLE ROCK 4 PORT INDUSTRIAL PARK BILL OF ASSURANCE AND FOR OTHER PURPOSES. 5 6 WHEREAS, more than three - fourths (3/4) of the property 7 owners in the Little Rock Port Industrial Park have executed and 8 verified an Amendment to the Bill of Assurance, and 9 WHEREAS, the Board of Directors of the Little Rock Port Authority, at a special Board meeting held on December 21, 1990, 10 unanimously recommended that the Board of Directors of the City 11 of Little Rock approve the amendment to the Bill of Assurance, 12 and 13 WHEREAS, the original Bill of Assurance for the property 14 located in the Industrial Park recorded in Book 1175 at Page 543, and the Amended Bill of Assurance recorded as Instrument 15 Number 78- 10288, require three - fourths (3/4) of the area in the 16 Little Rock Port Industrial Park and a majority action of the 17 Board of Directors of the City of Little Rock to approve any 18 amendment to the Bill of Assurance. NOW BE IT THEREFORE RESOLVED BY THE BOARD OF DIRECTORS OF 19 THE CITY OF LITTLE ROCK, ARKANSAS: 20 SECTION 1: The Amendment to the Bill of Assurance 21 specifically amending paragraphs four (4), seven (7), and eleven 22 (11) attached as Exhibit A to this Resolution is hereby 23 approved. SECTION 2: The Mayor and City Clerk are hereby authorized 24 to execute and attest to the amendment to the Bill of Assurance 25 to to have it duly recorded. 26 27 ADOPTED: December 26, 1990 28 ATTEST: APPROVED: 29 30 vLC 4_X 31 J CZECH, CLERK F.CJL IOUDDY- VILLINES, MAYOR — 32 APPROVED AS TO ORM: 33 34 35 ' 3 6 00491 h' -I� =b= IN V m AMENDMENT TO BILL OF ASSURANCE WHEREAS the undersigned, the City of Little Rock, Arkansas, a municipal corporation, AFCO Metals, Inc., Democrat Printing & Litho Co., and Arkla Industries, Inc., are the owners of more than three - fourths (3/4) of the area in the Little Rock Port Industrial Park described in that certain Bill of Assurance dated December 16, 1971 and recorded December 16, 1971 in the records of the Circuit Clerk of Pulaski County, Arkansas in record book 1175 at page 543 and that certain Amendment of Bill of Assurance dated July 13, 1977 and filed of record in the office of the Circuit Clerk of Pulaski County, Arkansas on July 13, 1977 as Instrument No. 77 -01316 and that certain Amendment to Bill of Assurance dated January 24, 1978 and filed of record in the office of the Circuit Clerk of Pulaski County, Arkansas on March 20 , 1.078 as Instrument No. 78 -10288 (collectively the "Bill of Assurance "); and WHEREAS, the Little Rock Port Authority has recommended that certain amendments be made to paragraphs (4), (7) and (10) of the Bill of Assurance as provided herein; and WHEREAS, the undersigned desire to so amend paragraphs (4), (7) and (10) of the Bill of Assurance; and WHEREAS, the undersigned being the owners of more than three - fourths (3/4) of the area of the Little Rock Port Industrial Park as defined in the Bill of Assurance have the authority to make this Amendment as provided for in Section_(14.)__of the Bill of_Assurance. NOW, THEREFORE, the undersigned hereby amend paragraphs (4), (7) and (10) of the Bill of Assurance for all purposes to read as follows: (4) POLLUTION. No industry or other business shall be established, maintained or permitted on this property which produces and discharges objectionable effluent, smoke, dust, noise, odor, glare or vibration. Determination. of whether the above is objectionable will be made by reference to the applicable city, state and federal laws and regulations. (7) OUTSIDE STORAGE. In all areas of the Little Rock Industrial Park, as originally platted or subsequently replatted, no goods, equipment, supplies or other materials shall be stored in b- -kypv„ „-e 1 76� 477 the open except on the rear three - fourths (3/4) of said property. (10) SIZE OF BUILDINGS. No building or other structure under roof shall be built or maintained which covers more than forty percent (40 %) of the total land area of the platted Area or Tract of such building site. Except as amended hereby, the provisions of the Bill of Assurance shall remain valid and in full force and effect. 1990. WITNESS OUR HAND AND SEALS this 3/ day of December CITY OF LITTLE ROCK, ARKANSAS By: Mayor Itt U C' y Clerk AFCO METALS, INC. By: ! 1.� -- Robert S. Brown, President DEMOCRAT PRINTING & LITHO CO. By: M"11 Frank H. Park, Jr., P esident ARKLA INDUSTRIES, INC. By: / I"/LGf Milt Honea, President LITTLE ROCK PORT AUTHORITY By: 'Robert G. Brave b.."Uw. 2 = = = = mb, = ACKNOWLEDGMENT STATE OF ARKANSAS) ) SS COUNTY OF PULASKI) On this _-6► ► day of December , 1990, before me, a Notary Public, duly commissioned and acting within and for the said County and State, appeared in person the within named Floyd G. Villines, III and Jane Czech to me personally well known, who stated that they were the Mayor and City Clerk, respectively, of the City of Little Rock, Arkansas, a municipal corporation, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and on the behalf of said City of Little Rock, Arkansas, and further stated and acknowledged that they had so signed, executed and delivered said' f bregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal on this 3 / h� day of December , 1990. My Commission Expires: . 11 Notary Public 3 478 M I = = = a% = = = = T = =- ACKNOWLEDGMENT STATE OF ARKANSAS ) ss. COUNTY OF PULASKI ) On this e 1 day of ' e.ZA,Y-1 - 0 "" . 1990. before me. a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named Robert S. Brown, to me personally well known, who stated that he was the President of Afco Metals, Inc., a corporation, and was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, Dave hereunto set my hand and official seal this nl5r day of e, +m 1990. NOTARY PUBLIC My Commission Expires: cMrVPar" W 4 479 STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI ) On this .2j�*- day of r -. 1990, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named Frank H. Park, Jr., to me personally well known, who stated that he was the President of Democrat Printing & Litho Co., a corporation, and was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and - delivered -said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this � D -day of 1990. ii NOTARY PUBLIC My Commission Expires: i I-Z— O b.�Ap*Mv and 9 480 48 ACKNOWLEDGMENT STATE OF ARKANSAS ) ss. COUNTY OF PULASKI ) On this a212�z day of Lale z /�L. c , 1990, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named T.F. McLartyto me personally well known, who stated that he was the President of Arkla Industries, Inc., a corporation, and was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein-mentioned -and set forth. IN TEST>'IM��Y WHEREOF,( have h reunto set my hand and official seal this G�v� day of 1990. N AMY PUBLIC My Commission Expires: / - 9u b-.ft\hm-W 6 w w w No* ,= STATE OF ARKANSAS ) ss. COUNTY OF PULASKI ) w �■ w� w w w w 482 A �� On this oL S I �- day of 1'L(.t LaY�C1C 1990, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named Robert G. Brave, to me personally well known, who stated that he was the jffxcco -i✓z D r Ho of the Little Rock Port Authority, and was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of the Little Rock Port Authority, and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration; uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have ereunto set my hand and official seal this ` (5r day of ( R .e �. 1990. NOTARY PUBLIC My Commission Expires: e.,A,b u.w,. 7 w�