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163891 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ® ORDINANCE NO. 16,389 • AN ORDINANCE APPROPRIATING $55,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR PROPERTY ACQUISITION FOR THE NEW LANDFILL; AUTHORIZING THE CITY MANAGER TO NEGOTIATE CONTRACTS TO PURCHASE PROPERTY TO CONSTRUCT THE NEW LANDFILL; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL NECESSARY DOCUMENTS; AUTHORIZING THE CITY ATTORNEY TO PROCEED WITH CONDEMNATION; AND FOR OTHER PURPOSES. M is WHEREAS, the City has proceeded with its plan to close the existing landfill and acquire, construct and equip a new landfill facility (the "Project "), and has filed a permit application for the new landfill with the Arkansas Department of Pollution Control an Ecology; and WHEREAS, the City intends to obtain funds to accomplish the Project from the proceeds of revenue bonds and has declared the City's "official intent" for the issuance of the bonds within the meaning of the applicable income tax regulations promulgated by the United States Treasury Department in Ordinance No. 16,132. WHEREAS, this appropriation will begin the land purchase process which will be completed when Revenue Bonds are sold in the future; and WHEREAS, this real estate is needed to construct the Project to meet the October 1993 deadline. :0,63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ® 153 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. There is hereby appropriated the sum of $55,000 from the unappropriated balance of the General Funds to Account Number 210- 220 -0137, to begin the land purchase process for the Project. SECTION 2. The City Manager is authorized to negotiate contracts to purchase property to construct the new landfill subject to the contract being approved by the City Attorney. SECTION 3. The Mayor and City Clerk are authorized to execute all approved documents necessary for the property acquisition. SECTION 4. That the City hereby expresses its intent to advance its own funds as described above to purchase property for the Project and to reimburse itself from bond proceeds for such expenditures as may be paid by the City prior to the issuance of the bonds. Debt service on the bonds will be paid from revenues from users of the Project, and other contract payments with respect to the Project. The interest on the bonds shall be exempt from federal income taxation. SECTION 5. That a copy of this Ordinance shall be filed in the official records of the City in the office of the City Clerk within ten (10) days from the passage thereof. It shall be continuously available for public inspection during regular business hours on every business day until the date of issuance of the Bonds. SECTION 6. In the event agreement for the purchase of any parcel noted in Exhibit A to this ordinance cannot be reached, the City Attorney is authorized to proceed with condemnation for any parcel which the City is unable to purchase. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 PASSED: April 6, 1993 • 154 ATTEST: i a• APPROVED AS TO FORM: CIT • •• �'. (EXHI* A - 5 Deeds) WARRANTY DEED Know All Men By These Presents: That I, Clara Treadway Stokke Swift, Grantors, for and in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable consideration the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the City of Little Rock, Arkansas, Grantee, and unto its successors, heirs and assigns forever, the following lands lying in the County of Pulaski and State of Arkansas, to -wit: Sixty (60) acres of land, more or less, described as follows: The North one -half (N 1/2) of the Northwest 1/4, (NW 1/4) of the Northeast 1/4 (NE 1/4) and the west one -half (1/2) of the Southwest 1/4 (SW 1/4) of the Northeast 1/4 (NE 1/4) and the West one - half (W 1/2) of the Northwest 1/4 (NW 1/4) of the Southeast 1/4 (SE 1/4), Section 9 Township 1 South, Range 12 West, Pulaski County, Arkansas. To have and to hold the same unto the said Grantee, and unto its successors, heirs and assigns forever, with all the appurtenances thereto belonging. And I herebv rnvcnnn +- .,..;« _ _.�. 1W A7� 1 10 155 M M ® 156 WARRANTY DEED (MARRIED PERSONS) Know All Men By These Presents: That we, DANNY E. GRIFFITH AND CHARLOTTE A. GRIFFITH, HUSBAND AND WIFE, Grantors, for and in consideration of the sum of THIRTY EIGHT THOUSAND FOUR HUNDRED AND TWENTY ($38,420.00) DOLLARS and other valuable consideration in hand paid by the CITY OF LITTLE ROCK, ARKANSAS, GRANTEE, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the said City of Little Rock, Arkansas and unto its successors and assigns forever the following described land situated in the county of Pulaski, State of Arkansas, to -wit: PART OF THE SW 1, SE 1, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 12 WEST, PULASKI COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SW 1, SE 1: THENCE NORTH 89 DEGREES 46 MINUTES, 36 SECONDS WEST 656.3 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 02 DEGREES 17 MINUTES, 35 SECONDS WEST 567.5 FEET; THENCE NORTH 89 DEGREES 46 MINUTES, 36 SECONDS WEST 328.0 FEET TO THE EAST RIGHT -OF -WAY LINE OF IRONTON CUT -OFF ROAD; THENCE NORTHWESTERLY ALONG SAID EAST RIGHT -OF -WAY LINE ALONG AN IRREGULAR CURVE TO THE RIGHT THE FOLLOWING CHORD BEARINGS AND DISTANCES NORTH 34 DEGREES, 56 MINUTES, 10 SECONDS, WEST 352.5 FEET; THENCE NORTH 15 DEGREES 37 MINUTES, 20 SECONDS WEST 289.3 FEET; THENCE SOUTH 89 DEGREES 46 MINUTES 36 SECONDS, EAST 630.81 FEET TO THE POINT OF BEGINNING; SUBJECT TO A THIRTY FOOT EGRESS - INGRESS EASEMENT OVER THE SOUTH 30 FEET THEREOF. fi�f7► A PART OF THE SW 1, SE 1 AND PART OF THE SE 1, SE 1, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 12 WEST, PULASKI COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SW 1, SE 1; THENCE SOUTH 89 DEGREES, 46 MINUTES, 36 SECONDS EAST 50.0 FEET; THENCE SOUTH 46 DEGREES, 16 MINUTES WEST 72.0 FEET; THENCE SOUTH 2 DEGREES 17 MINUTES, 35 SECONDS WEST 517.5 FEET; THENCE NORTH 89 DEGREES, 46 MINUTES, 36 SECONDS WEST 656.3 FEET; THENCE NORTH 2 DEGREES 17 MINUTES, 35 SECONDS EAST 567.5 FEET; THENCE NORTH 89 DEGREES 46 MINUTES 36 SECONDS EAST 656.3 FEET TO THE POINT OF BEGINNING, SUBJECT TO A ROAD EASEMENT OVER THE EAST FIFTY FEET AND THE SOUTH THIRTY FEET THEREOF. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS DESCRIBED AS FOLLOWS: PART OF THE NE 1, SE 1, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 12 WEST, PULASKI COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NE 1, SE 1, THENCE NORTH 2 DEGREES 44 MINUTES EAST 559.2 FEET; THENCE EAST 50 FEET; THENCE SOUTH 2 DEGREES, 44 MINUTES WEST 559.2 FEET; THENCE WEST 50 FEET TO THE POINT OF BEGINNING. THIS INSTRUMENT PREPARED IN FORM BY THE CITY ATTORNEY I E Inc rE 5 -'- — WARRANTY DEED (UNMARRIED PERSON) Know All Men By These Presents: That I, JIMMY D. PATTON, an unmarried person, for and in consideration of the sum of ONE HUNDRED AND TWENTY FIVE THOUSAND ($125,000.00) DOLLARS and other valuable consideration in hand paid by the CITY OF LITTLE ROCK, ARKANSAS, GRANTEE, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the said City of Little Rock, Arkansas and unto its successors and assigns forever the following described land situated in the county of Pulaski State of Arkansas, to -wit: PART OF THE NW 1/4 OF THE SE 1/4 AND PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 9, TOWNSHIP 1 SOUTH, RANGE 12 WEST, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SAID NW 1/4, SE 1/4: THENCE N 89° 46" 36' WEST 656.3 FEET; THENCE NORTH 02 °32 "30' EAST 556.3 FEET; THENCE EAST 708.3 FEET; THENCE SOUTH 02° 44' WEST 559.2 FEET; THENCE NORTH 89 °46'36" WEST 50 FEET TO THE POINT OF BEGINNING, CONTAINING 9.05 ACRES MORE OR LESS: WITH THE EAST 50 FEET RESERVED FOR INGRESS AND EGRESS AND A UTILITY EASEMENT. To HAVE AND TO HOLD the same unto the said City of Little Rock, Arkansas and unto its successors and assigns forever, with all appurtenances thereunto belonging. And I hereby covenant that I will forever warrant and defend the title to said lands against all claims whatsoever. WITNESS my hand and seal an this day of , 1993. (L.S.) This instrument approved in form by the City Attorney v � 157 ® 158 WARRANTY DEED (MARRIED PERSONS) Know All Men By These Presents: That we, MICHAEL W. CHERRY AND AMY L. CHERRY, HUSBAND AND WIFE, GRANTORS, for and in consideration of the sum of THIRTEEN THOUSAND FIVE HUNDRED ($13,500.00) DOLLARS and other valuable consideration in hand paid by the CITY OF LITTLE ROCK, ARKANSAS, GRANTEE, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the said City of Little Rock, Arkansas and unto its successors and assigns forever the following described land situated in the county of Pulaski, State of Arkansas, to- wit: ALL THAT PART OF THE SW 1/4 OF THE SE 1/4 OF SECTION 9, TOWNSHIP 1 SOUTH, RANGE 12 WEST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE SAID SW 1/4, SE 1/4 THAT IS 567.5 FEET SOUTH OF THE NE CORNER THEREOF; RUN THENCE SOUTH 89 DEGREES WEST 986.95 FEET TO THE EAST LINE OF A COUNTY ROAD; RUN THENCE SOUTH 31 DEGREES 29 MINUTES EAST ALONG THE EAST LINE OF SAID ROAD 278.3 FEET; THENCE NORTH 89 DEGREES EAST 830.9 FEET TO A POINT ON THE EAST LINE OF THE SAID SW 1 \4, SE 1/4 THAT IS 240.17 FEET SOUTH OF THE POINT OF BEGINNING; RUN THENCE NORTH 02 DEGREES 33 MINUTES EAST 240.17 FEET TO THE POINT OF BEGINNING, CONTAINING 5 ACRES, MORE OR LESS. To HAVE AND TO HOLD the same unto the said City of Little Rock, Arkansas and unto its successors and assigns forever, with all appurtenances thereunto belonging. And we hereby covenant with said Grantee that we will forever warrant and defend the title to said lands against all claims whatsoever. And, we the Grantors, for the consideration aforesaid, do hereby release and relinquish unto the said grantee, and unto its successors and assigns any and all right of dower, curtesy and homestead in and to the said lands. WITNESS OUR hands and seals on this day . 1993. L. S.) L. S.) THIS INSTRUMENT PREPARED IN FORM BY THE CITY ATTORNEY S 4CvLs + — M M M M WARRANTY DEED 159 (MARRIED PERSONS) Know All Men By These Presents: That we, PADGETT L. WESTERFIELD AND FRANCES 0. WESTERFIELD, HUSBAND AND WIFE, GRANTORS, for and in consideration of the sum of ONE HUNDRED THIRTY SEVEN THOUSAND AND FIVE HUNDRED ($137,500.00) Dollars and other valuable consideration in hand paid by the CITY OF LITTLE ROCK, ARKANSAS, GRANTEE, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the said City of Little Rock, Arkansas and unto its successors and assigns forever the following described land situated in the county of Pulaski, State of Arkansas, to -wit: A PART OF THE SE 41 SE q, SECTION 9, AND A PART OF THE SW 4 SW $, SECTION 10, ALL IN TOWNSHIP 1 SOUTH, RANGE 12 WEST, PULASKI COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SE a, SE a, SECTION 9; THENCE SOUTH 89 °46136" EAST 50.0 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 °46'36" EAST ALONG NORTH LINE OF SAID SE 4 SE 1265.3 FEET TO THE NORTHEAST CORNER OF SAID SE 4 SE 4, SECTION 9; THENCE NORTH 89 °40'34" EAST AND ALONG THE NORTH LINE OF SW 4 SW 4 SECTION 10, 898.28 FEET; THENCE SOUTH 02 °11'11" WEST 575.0 FEET; THENCE NORTH 89 °46'36" WEST 2215.48 FEET; THENCE NORTH 02 °17'35" EAST 517.5 FEET; THENCE NORTH 46 °16' EAST 72.0 FEET TO THE POINT OF BEGINNING, TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF THE FOLLOWING TWO TRACTS: A PART OF THE SW 4 SE 4 AND PART OF THE SE 4 SE 4 OF SECTION 9, TOWNSHIP 1 SOUTH, RANGE 12 WEST, PULASKI COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SW 4 SE 4; THENCE SOUTH 89 °46'36" EAST 50.0 FEET; THENCE SOUTH 46 °16' WEST 72.0 FEET; THENCE SOUTH 2 °17'35" WEST 517.5 FEET; THENCE NORTH 89 °46'36" WEST 656.3 FEET; THENCE NORTH 2 °17'35" EAST 567.5 FEET; THENCE SOUTH 89'46'36" EAST 656.3 FEET TO THE POINT OF BEGINNING, AND, A PART OF THE SW 4 SE t, SECTION 9, TOWNSHIP 1, SOUTH, RANGE 12 WEST, PULASKI COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SW 4 SE 4; THENCE NORTH W46'36" WEST 656.3 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 02 °17'35" WEST 567.5 FEET; THENCE NORTH 89 °46'36" WEST 328.0 FEET TO THE EAST RIGHT -OF -WAY OF IRONTON CUTOFF ROAD; THENCE NORTHWESTERLY ALONG SAID EAST RIGHT -OF -WAY LINE ALONG AN IRREGULAR CURVE TO THE RIGHT THE FOLLOWING CHORD BEARINGS AND DISTANCES: NORTH 34 °56'10" WEST 352.3 FEET; NORTH 15 °37'20" WEST 289.3 FEET; THENCE SOUTH 89 °46'36" EAST 630.81 FEET TO THE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. AND SD+cRFs -� — m m A PART OF THE NORTHWEST ONE- QUARTER (NW4) SOUTHEAST ONE - QUARTER (SE -n') SECTION NINE (9), TOWNSHIP ONE (1) SOUTH RANGE TWELVE (12) WEST, PULASKI COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID NORTHWEST ONE - QUARTER (NW'D SOUTHEAST ONE - QUARTER (SEt); THENCE NORTH 89 DEGREES 46 MINUTES 36 SECONDS WEST 656.3 FEET; THENCE NORTH 2 DEGREES 32 MINUTES 30 SECONDS EAST 941.3 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 2 DEGREES 32 MINUTES 30 SECONDS EAST 385.6 FEET TO THE NORTH LINE OF NORTHWEST ONE - QUARTER (NWa) SOUTHEAST ONE- QUARTER (SEJ); THENCE NORTH 89 DEGREES 01 MINUTE 38 SECONDS EAST AND ALONG SAID NORTH LINE OF NORTHWEST ONE - QUARTER (NW -.,') SOUTHEAST ONE - QUARTER (SE 4) 333.2 FEET; THENCE SOUTH 54 DEGREES 01 MINUTE 22 SECONDS EAST 390.7 FEET; THENCE SOUTH 02 DEGREES 17 MINUTES 35 SECONDS WEST 161.5 FEET; THENCE WEST 659.7 FEET TO THE POINT OF BEGINNING. SUBJECT TO A THIRTY (30) FOOT EGRESS AND INGRESS AND UTILITY EASEMENT 15 FEET EACH SIDE OF CENTERLINE OF EXISTING ROAD ACROSS SUBJECT PROPERTY. AND A PART OF THE NORTHWEST ONE - QUARTER (NW a) SOUTHEAST ONE - QUARTER (SE 4) SECTION NINE (9), TOWNSHIP ONE (1) SOUTH RANGE TWELVE (12) WEST, PULASKI COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID NORTHWEST ONE - QUARTER (NW -.,') SOUTHEAST ONE - QUARTER (SE 1); THENCE NORTH 89 DEGREES 46 MINUTES 36 SECONDS WEST 656.3 FEET; THENCE NORTH DEGREES 32 MINUTES 30 SECONDS EAST 556.3 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 2 DEGREES 32 MINUTES 30 SECONDS EAST 385.0 FEET; THENCE EAST 659.7 FEET; THENCE SOUTH 2 DEGREES 44 MINUTES WEST 385.0 FEET; THENCE WEST 658.3 FEET TO THE POINT OF BEGINNING. SUBJECT TO A THIRTY (30) FOOT EGRESS - INGRESS EASEMENT 15 FEET EACH SIDE OF CENTERLINE OF EXISTING ROAD ACROSS THIS PROPERTY. AND A PART OF THE NORTHEAST ONE- QUARTER (NE V SOUTHEAST ONE - QUARTER (SE -1'), SECTION NINE (9), TOWNSHIP ONE (1) SOUTH, RANGE TWELVE (12) WEST, PULASKI COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID NORTHEAST ONE - QUARTER (NE 4) SOUTHEAST ONE - QUARTER (SE 4); THENCE SOUTH 89 DEGREES 46 MINUTES 36 SECONDS EAST 50.0 FEET TO THE POINT OF BEGINNING; THENCE NORTH 2 DEGREES 44 MINUTES EAST 559.2 FEET; THENCE WEST 50.0 FEET; THENCE NORTH 2 DEGREES 44 MINUTES EAST 410.0 FEET; THENCE SOUTH 43 DEGREES 40 MINUTES EAST 1347.0 FEET, TO THE SOUTH LINE OF SAID NORTHEAST ONE - QUARTER (NE a) SOUTHEAST ONE - QUARTER (SE t); THENCE NORTH 89 DEGREES 46 MINUTES 36 SECONDS WEST 926.3 FEET, ALONG THE SAID SOUTH LINE OF NORTHEAST ONE - QUARTER (NE $) SOUTHEAST ONE- QUARTER (SE 'J) TO 160 w■ w r r r w r .w•� w r w r THE POINT OF POINT OF BEGINNING. SUBJECT TO AN EGRESS - INGRESS AND UTILITY EASEMENT BEING 15 FEET EACH SIDE OF CENTERLINE OF EXISTING ROAD ACROSS THIS PROPERTY. To HAVE AND TO HOLD the same unto the said City of Little Rock, Arkansas and unto its successors and assigns forever, with all appurtenances thereunto belonging. And we hereby covenant with said Grantee that we will forever warrant and defend the title to said lands against all claims whatsoever. And, we the Grantors, for the consideration aforesaid, do hereby release and relinquish unto the said grantee, and unto its successors and assigns any and all right of dower, curtesy and homestead in and to the said lands. WITNESS OUR hands and seals on this day 1993. (L.S.) S.) r �w 161 CITY OF Title No. Page of LITTLE ROCK Ph'o•o issue Date Revision Date 4 —/Z- S3 Approved By DEPARTMENT OF PUBLIC WORKS N y Of N�—/� aF N£� w sw¢ NFg o O ,5 R• L z I � S .. G1 d I Y I 1 � Ni 4 \ h � 5 2 J'k V \ a# " CHtRIZh Fri o so �. \ a# " CHtRIZh