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129892009042562 Received: 0/23/2009 3:30 :12 PM Recorded: 00/2312009 04:05:27 PM Filed & Recorded in Official Records of PAT O'BRiEN, 1 RESOLUTION NO. 14YOSKi COUNTY CiRCUMCOUNTY CLERK ees $50.00 2 3 A RESOLUTION TO AUTHORIZE THE PURCHASE OF CERTAIN 4 REAL PROPERTY LOCATED IN THE VICINITY OF THE LITTLE 5 ROCK PORT INDUSTRIAL PARK; TO AUTHORIZE THE MAYOR AND 6 CITY CLERK TO ACCEPT A WARRANTY DEED FOR THE 7 CONVEYANCE; AND FOR OTHER PURPOSES. 8 9 WHEREAS, the Little Rock Port Authority has exhausted the supply of rail served sites for 10 economic development; and 11 WHEREAS, the Little Rock Port Authority has prepared a plan for the long range expansion 12 of the Industrial Park with sites fully developed with rail access and 13 WHEREAS, Man Industries of India has offered for sale to the Little Rock Port Authority a 14 155.46 acre site within the scope of the Long Range Plan; and 15 WHEREAS, the Board of Directors of the Little Rock Port Authority have approved the 16 acquisition of this property in the amount of $2,254,292.00 with the funds to be paid directly 17 from the Little Rock Port Authority; and 18 WHEREAS, the Little Rock Board of Directors finds that the proposed purchase to benefit 19 both the City of Little Rock and the Little Rock Port Authority by adding to the capacity of the 20 industrial park to secure and develop industry, thereby providing substantial employment and 21 payroll opportunity; 22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 23 THE CITY OF LITTLE ROCK: 24 Section 1. The purchase of the property for the consideration stated above is approved and 25 the Mayor and City Clerk are authorized and directed to execute for and on behalf of the City all 26 27 28 29 30 31 appropriate documents relative to the purchase of the property for the beneficial use of the Little Rock Port Authority and to receive full payment of the purchase price from the Little Rock Port Authority in the amount of $2,254,292.00. Section 2. The property is substantially described as follows, with such changes as shall be ;9a;i`s¢tP.flf���?t approved by the City Attorney and the Mayor; the execution of the Warranty Deed auth� this resolution shall constitute evidence of such approval: 4 cz PAGE 1 OF 8] ORDINANCE To authorize purchase of Port property '9 �'QUNTY, I LEGAL DESCRIPTION 2 The Butterfield Site 3 Tract 1 4 Tract 1: 5 Part of the SW 1/4 of the SW 1/4, part of the NW 1/4 of the SW1 /4 part of the 6 NE1 /4 SW 1/4 and part of the. SE 1/4 of the SW 1/4 of Section 21, Township 1 7 North, Range 11 West of the Fifth Principal Meridian, in Pulaski County, 8 Arkansas, more particularly described as follows: Commencing at a found one 9 and one -half inch diameter iron pipe at the Southwest corner of said Section 21; 10 thence South 88 degrees 45 minutes 55 seconds East (bearings based on Grid 11 Meridian of the Arkansas Coordinate System 1983, North Zone) 35.00 feet along 12 the South line of said Section 20 to a set one -half inch diameter rebar with yellow 13 cap stamped PS 663 and the point of beginning; thence North 01 degree 57 14 minutes 54 seconds East of1941.22 feet parallel to the West line of said Section 15 21 to a set one -half inch diameter rebar with yellow cap stamped PS 663 to the 16 South right of way of Zeuber Road; thence along said South right of way line, 17 South 88 degrees 49 minutes 48 seconds East, 1,222.27 feet to a set one -half inch 18 diameter rebar with yellow cap stamped PS 663 at a curve concave to the 19 Southwest having a radius of 904.93 feet; thence continue along said South right 20 of way line of Zeuber Road, Southeasterly 71.59 feet along said curve through a 21 central angle of 04 degrees 31 minutes 58 seconds and a chord bearing South 86 22 degrees 33 minutes 49 seconds East 71.57 feet to a set one -.half inch diameter 23 rebar with yellow cap stamped PS 663; thence continue along said South right of 24 way of Zeuber Road, South 84 degrees 71 minutes 48 seconds East, 613.01 feet to 25 a set one -half inch diameter rebar with yellow cap stamped PS 663 at the Easterly 26 right of way of an Amendment Right of way Agreement in favor of Natural Gas 27 Pipeline Company of America, recorded in Instrument No. 80 -22861 to a set one - 28 half inch diameter rebar with yellow cap stamped PS 663; thence leaving said 29 South right of way line of Zeuber Road, South 16 degrees 47 minutes 02 West, 30 1,963.81 feet along the Easterly right of way of said Amendment right of way PAGE 2 OF 8] ORDINANCE To authorize purchase of Port property I Agreement in favor of Natural Gas Pipeline Company of America, recorded as 2 Instrument No. 80 -22861 to a set one -half inch diameter rebar with yellow cap 3 stamped PS 663 at the South line of said Section 21; thence North 88 degrees 45 4 minutes 55 seconds West, 1403.25 feet along the South line of said Section 21 to 5 the point of beginning. SUBJECT TO the South 60 feet of the property that shall 6 be reserved for a public roadway, drainage and utility easement. 7 The Baugus Property 8 Tracts 2 -6 9 Tract 2: 10 The SE1 /4 of the SE1 /4; part of the SWIM of the 8E1/4; Part of the NWl /4 of the 11 SEl /4, and part of the NE1 /4 of the SE1 /4 of Section 20, Township 1 North, 12 Range 11 West of the Fifth Principal Meridian, Pulaski County, Arkansas, more 13 particularly described as follows: Commencing at a found one and one -half inch 14 diameter iron pipe at the Southeast corner of said Section 20; thence North 01 15 degree 57 minutes 54 seconds East, (bearings based on Grid Meridian of the 16 Arkansas Coordinate System 1983, North Zone), 38.00 feet along the East line of 17 said Section 20, to a set one -half inch diameter rebar with yellow cap stamped PS 18 663 and the point of beginning; thence North 88 degrees 37 minutes 16 seconds 19 West, 1,749,52 feet parallel with the South line of said Section 20 to a set one -half 20 inch diameter rebar with yellow cap stamped PS 663 at the centerline of an 21 amended pipeline Easement right of way in favor of Texas Eastern Transmission 22 Corporation, recorded in Book 804, Page 162 -172; thence North 01 degree 40 23 minutes 06 seconds West, 1,990.39 feet along the centerline of an amended pipeline 24 Easement right of way in favor of Texas Eastern Transmission Corporation, 25 recorded in Book 804, Page 162 -172 to a set one -half inch diameter rebar with 26 yellow cap stamped PS 663 to the South right of way line of Zeuber Road; thence 27 along said South right of way line the following: South 83 degrees 16 minutes 59 28 seconds East, 415.65 feet to a set one -half inch diameter rebar with yellow cap 29 stamped PS 663 to a curve concave to the Northwest having a radius of 2,914.29 36 feet; thence Southeasterly, 168.71 feet along said curve through a central angle of PAGE 3 OF 8] ORDINANCE To authorize purchase of Port property 1 03 degrees 19 minutes 01 seconds and a chord bearing South 84 degrees 56 minutes 2 30 seconds East 168.69 feet to a set one -half inch diameter rebar with yellow cap 3 stamped PS 663; thence South 86 degrees 35 minutes 58 seconds East, 936,35 feet 4 to a set one -halt inch diameter rebar with yellow cap stamped PS 663 to a curve 5 concave to the Northeast having a radius of 4,921.49 feet; thence Southeasterly 6 190.25 feet along said curve having a central angle of 02 degrees 12 minutes 53 7 seconds and a chord bearing South 87 degrees 42 minutes 25 seconds East 190.24 8 feet to a set one -half inch diameter rebar with yellow cap stamped PS 663; thence 9 South 88 degrees 48 minutes 52 seconds East, 101.62 feet to a set one -half inch 10 diameter rebar with yellow cap stamped PS 663 located 65.00 feet West of and 11 perpendicular to the East line of said Section 20; thence leaving said South right of 12 way line of Zeuber Road, South 01 degree 57 minutes 54 seconds West, 1,175.08 13 feet parallel with the East line of said Section 20 to a set one -half inch diameter 14 rebar with yellow cap stamped PS 663; thence South 88 degrees 47 minutes 08 15 seconds East 65.01 feet to a set one -half inch diameter rebar with yellow cap 16 stamped PS 663 at the East line of said Section 20; thence South 01 degree 57 17 minutes 54 seconds West 727.56 feet along the East line of said Section 20 to the 18 point of beginning. 19 Tract 3: 20 Part of the SW1 /4 of the SW1 /4 and part of the NWl /4 of the SWIM of Section 21 21, Township 1 North, Range 11 West, of the Fifth Principal Meridian, Pulaski 22 County, Arkansas, more particularly described as follows; Beginning at a found 23 one and one -half inch diameter iron pipe at the Southwest corner of said Section 21; 24 thence North 01 degree 57 minutes 54 seconds East (bearings based on Grid 25 Meridian of the Arkansas Coordinate System 1983, North Zone), 1,941.18 feet 26 along the West line of said Section 21 to the South right of way line of Zeuber 27 Road; thence South 88 degrees 49 minutes 48 seconds East, along said South right 28 of way line 35.00 feet to a set one -half inch diameter rebar with Yellow cap 29 stamped PS 663; thence leaving said South right of way line, South 01 degree 57 30 minutes 54 seconds West, 1,941.22 feet parallel with the West line of said Section PAGE 4 OF 8] ORDINANCE To authorize purchase of Port property 1 21 to a set one -half inch diameter rebar with yellow cap stamped PS 663 at the 2 South line of said Section 21; thence North 88 degrees 45 minutes 55 seconds 3 West 35.00 feet along the South line of said Section 21 to the point of beginning. 4 Tract 4: 5 Part of the 5E1/4 of the SE1 /4 and part of the NE1 /4 of the SE1 /4 of Section 20, 6 Township 1 North, Range 11 West of the Fifth Principal Meridian, Pulaski 7 County, Arkansas, more particularly described as follows: Commencing at a 8 found one and one -half inch diameter iron pipe at the Southeast corner of said 9 Section 20; thence North 01 degree 57 minutes 54 seconds East (bearings based 10 on Grid Meridian of the Arkansas Coordinate System 1983, North Zone), 765.56 11 feet along the East line of said Section 20 to a set one -half inch diameter rebar with 12 yellow cap stamped PS 663 and the point of beginning; thence North 88 degrees 13 47 minutes 08 seconds West, 65.01 feet to a set one -half inch diameter rebar with 14 yellow cap stamped PS 663; thence North 01 degree 57 minutes 54 seconds East, 15 1,175.08 feet parallel with the East line of said Section 20, to a set one -half Inch 16 diameter rebar with yellow cap stamped PS 663, which is also the South right of 17 way line of Zeuber Road; thence along said South right of way line of Zeuber 18 Road South 88 degrees 48 minutes 52 seconds East, 65.00 feet to the East line 19 of said Section 20; thence leaving said South right of way line of Zeuber Road, 20 South 01 degrees 57 minutes 54 seconds West, 1,175,12 feet along the East 21 line of said Section 20 to the point of beginning. 22 Tract 5: 23 Part of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) and part 24 of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 20, 25 Township 1 North, Range 11 West of the Fifth Principal Meridian, Pulaski 26 County, Arkansas more particularly described as follows: Commencing at a 27 found one and one -half inch diameter iron pipe at the Southeast corner of said 28 Section 20; thence North 01 degrees 57 minutes 54 seconds East (bearings PAGE 5 OF 8] ORDINANCE To authorize purchase of Port property I based on Grid Meridian of the Arkansas Coordinate System 1983, North 2 Zone), 38.00 feet along the East line of said Section 20 to a set one -half inch 3 diameter rebar with yellow cap stamped PS 663; thence North 68 degrees 37 4 minutes 16 seconds West, 1,749.52 feet parallel with the South line of said section 5 20 to a set one -half Inch diameter rebar with yellow cap stamped PS 663 at the 6 centerline of an amended pipeline easement right -of -way In favor of Texas 7 Eastern Transmission Corporation recorded in Book 804 at Page 162 -172; thence 8 North 01 degrees 40 minutes 06 seconds West, 1,990.39 feet along the 9 centerline of said amended pipeline easement right -of -way in favor of Texas 10 Eastern Transmission Corporation recorded in Book 804 at Page 162 -172 to a set 11 one -half Inch diameter rebar with yellow cap stamped PS 663 and the point of 12 beginning; thence North 01 degrees 40 minutes 06 seconds West, 24.64 feet 13 along the centerline of said amended pipeline easement right -of -way in favor of 14 Texas Eastern Transmission Corporation recorded in book 804 at Page 162 -172 15 to the centerline of existing Zeuber Road; thence Southeasterly along the centerline 16 of said Zeuber Road the following courses (bearing and distance); South 84 17 degrees 35 minutes 22 seconds East 8,21 feet, South 82 degrees 59 minutes 38 18 seconds East 202.69 feet, South 83 degrees 07 minutes 39 seconds East 201.27 19 feet, South 85 degrees 08 minutes 45 seconds East 100.82 feet, South 86 20 degrees 03 minutes 38 seconds East 98.80 feet, South 88 degrees 38 minutes 21 04 seconds East 300.48 feet, South 87 degrees 36 minutes 16 seconds East 22 400.84 feet, South 87 degrees 53 minutes 51 seconds East 200.91 feet, South 23 88 degrees 20 minutes 29 seconds East 100.46 feet, South 88 degrees 49 24 minutes 08 seconds East 98.04 feel, South 89 degrees 09 minutes 37 seconds 25 East 10120 feet, South 88 degrees 16 minutes 50 seconds East 65.18 feet to 26 a found rebar at the East line of said Section 20; thence South 01 degrees 57 27 minutes 54 seconds West, 50.19 feet along the East line of said Section 20; 28 thence North 88 degrees 48 minutes 52 seconds West, 166.62 feet to a curve 29 concave to the Northeast having a radius of 4921.49 feet; thence Northwesterly, 30 190.25 feet along said curve through a central angle of 02 degrees 12 minutes 31 53 seconds and a chord bearing North 87 degrees 42 minutes 25 seconds West PAGE 6 OF 8] ORDINANCE To authorize purchase of Port property 1 190.24 feet; thence North B6 degrees 35 minutes 58 Seconds West, 936.35 feet 2 to a curve concave to the Northeast having a radius of 2914.29 feet; thence 3 northwesterly, 168.71 feet along said curve through a central angle of 03 4 degrees 19 minutes 01 seconds and a chord bearing North 84 degrees 56 5 minutes 30 seconds West, 168,69 feet; thence North 83 degrees 16 minutes 59 6 seconds West, 415.65 feet to the point of beginning. 7 Tract 6: 8 Part of the Northwest Quarter (NW 114) of the Southwest Quarter (SW 1/4) and 9 part of the Northeast Quarter (NE 114) of the Southwest Quarter (SW 1/4), of 10 Section 21, Township 1 North, Range 11 West of the Fifth Principal Meridian, 11 Pulaski County, Arkansas, more particularly described as follows: Commencing 12 at a found one and one -half inch diameter iron pipe at the Southwest corner of 13 said Section 21; thence South 88 degrees 45 minutes 55 seconds East (bearings 14 based on Grid Meridian of the Arkansas Coordinate System 1983, North Zone), 15 35.00 feet along the South line of said Section 21, to a set one -half inch diameter 16 rebar with yellow cap stamped PS 663; thence North 01 degrees 57 minutes 54 17 seconds East, 1,941.22 feet parallel with the West line of said Section 21 to a set 18 one -half inch diameter rebar with yellow cap stamped PS 663 and the point of 19 beginning; thence North 88 degrees 49 minutes 48 seconds West, 35.00 feet to the 20 West line of said Section 21; thence North 01 degrees 57 minutes 54 seconds 21 East, 49.68 feet along the West line of said Section 21 to a found rebar at the 22 centerline of existing Zeuber Road; thence South 88 degrees 39 minutes 43 seconds 23 East, 889.00 feet to a found rebar at the centerline of said existing Zeuber Road 24 and at the Southwest corner of the land as described in Warranty Deed recorded in 25 Instrument No. 86- 74342; thence South 89 degrees 01 minutes 51 seconds East, 26 448.17 feet along the South line of said land as described in Warranty Deed 27 recorded in Instrument No. 86 -74342 to a found rebar at the centerline of said 28 existing Zeuber Road; thence South 84 degrees 08 minutes 22 seconds East, 29 619.78 feet along the South line of said land as described in Warranty Deed 30 recorded in Instrument No. 86 -74342 to the centerline of said existing Zeuber PAGE 7 OF 8] ORDINANCE To authorize purchase of Port property I Road and the easterly right -of -way of an amendment right -of -way agreement in 2 favor of Natural Gas Pipeline Company of America recorded in Instrument 80- 3 22861; thence South 18 degrees 49 minutes 43 seconds West, 51.67 feet along the 4 Easterly right -of -way of said amendment right -of -way agreement in favor of Natural 5 Gas Pipeline Company of America recorded in Instrument 80- 22861; thence North 6 84 degrees 17 minutes 48 seconds West, 613.01 feet to a curve concave to the 7 Southwest having a radius of 904.93 feet; thence Northwesterly, 71.59 feet along 8 said curve through a central angle of 04 degrees 31 minutes 58 seconds and a chord 9 bearing North 86 degrees 33 minutes 49 seconds West, 71.57 feet; thence North 88 10 degrees 49 minutes 48 seconds West, 1222.27 feet to the point of beginning. 11 Section 3. Severability. In the event any section, subsection, subdivision, paragraph, 12 subparagraph, item, sentence, clause, phrase, or word of this resolution is declared or adjudged to 13 be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining 14 portions of this resolution, which shall remain in full force and effect as if the portion so declared 15 or adjudged invalid or unconstitutional were not originally a part of this resolution. 16 Section 4. Repealer. All laws, ordinances, resolutions, policies, or parts of any such material, 17 in conflict with the provisions of this resolution are hereby repealed to the extent of such 18 inconsistency. 19 Section 5. This Resolution shall be in full force and effect from the date of its adoption. 20 ADOPTED: June 16, 2009 21 ATTEST: APPROVED: 22 23 24 usan La ctin ity Clerk . Mark Stodola, Nfayor 25 APPROVED AS TO LEGAL FORM: 26 27k�vU -ti 28 Thomas M. Carpenter, dty Attorney 29 H 30 H 31 U 32 H PAGE 8 OF 8] ORDINANCE To authorize purchase of Port property