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1 RESOLUTION NO. 8.421
2
3
A RESOLUTION AUTHORIZING THE CONVEYANCE OF
4 10 ACRES IN THE LITTLE ROCK PORT INDUSTRIAL
5 PARK TO BABCOCK & WILCOX -- ST COMPANY, A
6 DELAWARE CORPORATION AND FOR OTHER PURPOSES.
7
8
WHEREAS, Babcock & Wilcox - ST Company, a Delaware
9 Corporation ( "Babcock & Wilcox ") is purchasing certain
10 industrial property located in the Little Rock Port Industrial
11 Park presently owned by Arkla Industries, Inc., and in
12 connection therewith desires to acquire certain adjacent
13 property owned by the City of Little Rock, Arkansas ( "the
City "), as follows:
14 A tract of land situated in the SW 1/4 of the
15 SE 1/4, Section 16, Township 1 North, Range 11
16 West of the Fifth Principal Meridian, City of
17 Little Rock, Pulaski County, Arkansas, being
18 more particularly described as follows:
Commencing at the Southeast Corner of the SW
19 1/4 of the SE 1/4, Section 16, Township 1
20 North, Range 11 West, thence N 01° 30' 52" E,
21 348.18 feet along the East line of the West
22 1/2 of the SE 1/4 of said Section 16; thence
23 N 880 29' 08" W, 96.50 feet to a point on the
West right -of -way line of Fourche Dam Pike,
24 said point also being the Point of Beginning;
25 thence N 880 47' 31" W, 970.24 feet; thence N
26 080 10' 35" E, 465.05 feet; thence S 88° 46'
27 58" E, 916.07 feet to a point on said West
28 right -of -way line of Fourche Dam Pike; thence
along said right -of -way line, S 01° 30' 52" W,
29 461.44 feet to the Point of Beginning, and
30 containing 9.99 acres, more or less;
31 and
32 WHEREAS, the City is prepared to sell the property for the
33 good and valuable consideration offered, and
WHEREAS, as further consideration the City has been asked
34 to vacate a forty foot rail easement to serve property lying to
35 the south of the above described property, and
36
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1 WBERF.AS, at a special meeting of the Board of Directors of
2 the Little Rock Port Authority held on December 21, 1990, it was
3 unanimously recommended that the City approve the vacation of
the railroad easement since it is no longer required.
4 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
5 THE CITY OF LITTLE ROCK, ARKANSAS,
6 SECTION 1: The Board hereby finds that the proposed sale
7 will secure and develop industry in the Little Rock Port
8 Industrial Park, thereby encouraging the provision and
continuation of substantial employment and payrolls.
9 SECTION 2: The sale of the property described herein to
10 Babcock & Wilcox for the consideration stated is hereby
11 approved, and the Mayor is authorized and directed to execute
12 for and on behalf of the City a Warranty Deed and any
13 appropriate Plat and Bill of Assurance necessary to convey said
property, and the City Clerk is hereby authorized and directed
14 to attest said instruments and to deliver the same to the Office
15 of the City Attorney for delivery of same upon receipt of said
16 consideration.
17 SECTION 3. In addition to other good and valuable
18 consideration, the City agrees to accept the sum of seventy -five
thousand dollars ($75,000) as the purchase price for said
19 described property.
20 SECTION 4. In addition to the conveyance of the property
21 described herein, the City also agrees to vacate a forty foot
22 railway easement previously reserved, and the Mayor is
23 authorized and directed to execute the Release of Easement
attached as Exhibit A to this Resolution, and the City Clerk is
24 hereby authorized and directed to attest said instrument and to
25 deliver the same to the Office of the City Attorney for delivery
26 of same upon receipt of said consideration for the purchase of
27 the property.
28 ADOPTED: December 26, 1990
29
30 A T: APPROVED, -�
31 12 A4 0,
1
32 'Tir-CZECHI -Ujvrx CLERK F.* -T BUY-
33 APPRO D T��
34
35 STODOLA, CITY ATTORNEY
36 00491
484
RELEASE OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Little Rock, Arkansas ( "Grantor "), by
Warranty Deed filed of record November 12, 1981 in the office of
the Circuit Clerk of Pulaski County, Arkansas as Instrument No. 81-
43018 (the "Warranty Deed ") conveyed to Arkla Industries, Inc.
( "Grantee ") certain property in Little Rock, Pulaski County,
Arkansas, more particularly described in such Warranty Deed; and
WHEREAS, in the Warranty Deed the Grantor reserved a forty
foot rail easement to serve property lying to the south of the
tract conveyed in the Warranty Deed; and
WHEREAS, the Grantor desires to release all of its interest in
this easement;
NOW, THEREFORE, Grantor does hereby release and convey to
Grantee any and all interest in the forty foot rail easement
reserved to it in the Warranty Deed.
IN WITNESS WHEREOF, the City of Little Rock, Arkansas, a
municipal corporation, has executed this instrument this 31A.„ day
of cs,- �� , 1990.
CITY OF LITTLE ROCK, ARKANSAS
485
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By: T, 11
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Mayor I
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City Clerk —(;
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\~ ACKNOWLEDGMENT
STATE OF ARKANSAS )
) ss.
COUNTY OF PULASKI )
On this 311- day of December , 1990, before me,
a Notary Public, duly commissioned, qualified and acting, within
and for 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, a municipal
corporation, and were duly authorized in their respective
capacities to execute the foregoing instrument for and in the name
and behalf of said corporation, and further stated and acknowledged
that they 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 A /.6Q- day of December , 1990.
yLL 9.,.Q ac
NOTARY PUBLIC
My Commission Expires:
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486
WARRANTY DEED
M air M M M
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The City of Little Rock, an Arkansas municipal corporation,
GRANTOR, by its Mayor, duly authorized by proper resolution of its
Board of Directors, for TEN DOLLARS ($10.00) and other valuable
consideration, the receipt of which is hereby acknowledged, does
hereby grant, bargain, sell and convey unto Babcock & Wilcox -ST
Company, a Delaware Corporation, GRANTEE, and unto its successors
and assigns forever, the following described lands in the County
of Pulaski and State of Arkansas, to wit:
A tract of land situated in the Southwest quarter
of the Southeast Quarter of Section 16, Township
1 North, Range 11 West of the Fifth Principal
Meridian, City of Little rock, Pulaski County,
Arkansas, being more particulary described as
follows:
Commencing at the Southeast corner of the
Southwest Quarter of the Southeast Quarter of
Sectoin 16, Township 1 North, Range 11 West;
thence North 01 degrees 30 minutes 52 seconds
East, 348.18 feet along the East line of the West
one half of the southeast Quarter of said Section
16; . thence North 88 degrees 29 minutes 08
seconds West, 96.50 feet to a point on the West
right of way line of Fourche Dam Pike, said point
also being the Point of Beginning; thence North
88 degrees 47 minutes 31 seconds West 970.24
feet; thence North 08 degrees 10 minutes 35
seconds East, 465.05 feet; thence South 88
degrees 46 minutes 58 seconds East 916.07 feet to
a point on said West right of way line of Fourche
Dam Pike; thence along said right of way line,
South 01 degrees 30 minutes 52 seconds West
461.44 feet to the Point of Beginning, and
containing 9.99 acres, more or less.
To have and to hold unto said GRANTEE, and unto its
successors and assigns forever, with all of the appurtenances
thereunto belonging.
GRANTOR hereby covenants with the said GRANTEE that it will
forever warrant and defend title to said land against all claims
whatsoever.
IN WITNESS WHEREOF, the name of the Grantor is hereunto
affixed by its Mayor and its seal is affixed by its City Clerk,
this 4th day of January, 1991.
CITY OF LITTLE ROCK, ARKANSAS
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ATTEST:
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PREPARED BY THE OFFICE OF THE CITY ATTORNEY
ACKNOWLEDGEMENT
STATE OF ARKANSAS)
) ss
COUNTY OF PULASKI)
I, Bonnie Engster notary public in
and for said county in the state aforesaid, do hereby certify that
Sharon Priest, personally known to me to be the Mayor of the City
of Little Rock, Arkansas, and Robbie Hancock, personally known to
me to be the City Clerk of the City of Little Rock, Arkansas,
appeared before me this day in person and severally acknowledged
that as such City Mayor and City Clerk, they signed and sealed the
said instrument and caused the seal of said City of Little Rock to
be affixed thereto pursuant to the authority of the Board of
Directors of the City of Little Rock, Arkansas, as to their free
and voluntary act and deed of said City of Little Rock, Arkansas,
for the uses and purposes therein set forth.
Given under my hand and notarial seal this I day of
1991.
Notary ic/
L/
My Commission Expires:
W
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STATE OF ARKANSAS
N�_1�M • � 1 : ti.�l
A F F I D A V I T
That, to the best knowledge and belief of the undersigned owner(s)
and/or representative(s) accordingly, after being first duly sworn, on
oath state, that as an inducement to Beach Abstract & Guaranty Company
to close in escrow and/or issue title insurance policies on subject
- property, do hereby make the following statements, to -wit:
That I /we are the owner(s) or duly authorized representative(s)
thereof, of the following described lands situated in the County of
Pulaski, State of Arkansas, to -wit:
A tract of land situated in the.sW; SF}; of Section 16, Township 1 North,
Range 11 West, Pulaski County, Arkansas, imre particularly described
in Title Comaitnent %..90- 11206A.
I /we further certify that there is no adverse occupant of said lands;
THAT I /we, have been in peaceable possession of said lands during our
tenure of ownership;
THAT there are no undisclosed options to purchase, sales contracts,
lease agreements or mortgages outstanding affecting said property;
THAT there is no pending litigation in any court whereby I /we are
subject to a money judgment and that no judgment in any court of
record has been entered against me /us at.the time of this closing;
AND that I /we have made no improvements thereon during the past 130
days for which a Mechanics' and Materialmen's lice may be filed.
I /we further certify that no appliances have been installed thereon an
deferred payments which are unpaid and there are no financing
statements that are unpaid.
I /we further certify that there are no delinquent assessments dune to
the Municipal Sanitary Sewer System.
I /we further certify, that said property is not traversed by any road,
ways or easements, not shown of record.
WITNESS my /our hand(s)
Of January 1
and seal (s) on this 4th
19 91 CITY OF =u Ica sAS
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City Clerk
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SUBSCRIBED AND SWCW to before me, a No Public, on this 4th
day of January , 19 9
Notary Public
My Commission Expires:
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