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133711 2 3 4 5 6 7 8 9 10 11 12 13 14 E!: 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 RESOLUTION NO. 13,371 A RESOLUTION TO AUTHORIZE THE MAYOR, THE CITY MANAGER, AND THE CITY CLERK TO EXECUTE ANY AND ALL DOCUMENTS FOR THE SALE OF THE CITY OF LITTLE ROCK'S INTEREST IN RAY WINDER FIELD TO THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS; AND FOR OTHER PURPOSES. WHEREAS, the City of Little Rock ( "City") issued a Request for Proposals for the purchase of the City's interest in Ray Winder Field; and WHEREAS, the two (2) respondents were the University of Arkansas for Medical Sciences ( "UAMS ") and the Arkansas Zoological Foundation ( "Foundation ") on behalf of the Little Rock Zoo ( "Zoo "), both of which presented compelling visions for acquisition and use of the property; and WHEREAS, the Chairman of the War Memorial Stadium Commission ( "Commission "), which currently has perpetual parking easements and a lease on the land immediately adjacent to the Zoo, expressed his willingness to request the Commission to make available to the City certain land for the future growth of the Zoo, provided that UAMS, in conjunction with the City, make available to the Commission comparable replacement parking area; and WHEREAS, the Board of Directors adopted Little Rock, Ark., Resolution No. 13,008 (August 3, 2009) to designate certain acreage for the future expansion of the Little Rock Zoo and, with the fulfillment of certain conditions, to also authorize the Mayor and City Manager to enter into negotiations for the sale of Ray Winder Field property to UAMS; and WHEREAS, the Commission voted to release its parking easements on the property immediately adjacent to the Zoo, shown on Exhibit B attached hereto as Parcels 3 and 4, and to enter into the Amended and Substituted Lease Agreement authorized by the Board of Directors pursuant to Little Rock Ark. Resolution No. 13,009 (August 3, 2009), which agreement terminates the parking lease by the City to the Commission as to certain property immediately adjacent to the Zoo, which property is also denoted as Parcels 3 and 4 on attached Exhibit B; and WHEREAS, UAMS has agreed to provide comparable replacement parking area to the Commission for this and future years; and WHEREAS, the Foundation is willing to withdraw its proposal for the acquisition and purchase of Ray Winder Field; and WHEREAS, the parties negotiated a sale price for the City's Ray Winder Field property of One Million, Three Hundred Twenty-One Thousand, One Hundred Thirty-Three Dollars ($1,321,133.00) and [PAGE 1 OF 51 1 other terms and conditions; and, 2 WHEREAS, State Statute requires that the Mayor and City Clerk are authorized to sign documents 3 to convey municipal property to the purchaser. 4 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 5 OF LITTLE ROCK. ARKANSAS: 6 Section 1. Pursuant to Ark. Code Ann. § 14 -54 -302 (West 2004), the Mayor, the City Manager, and 7 the City Clerk are authorized to execute any and all documents required to convey by Special Warranty 8 Deed the City's interest in Ray Winder Field, as described on the attached Exhibit A, to the Board of 9 Trustees of the University of Arkansas for the negotiated sales price of One Million, Three Hundred 10 Twenty -One Thousand, One Hundred Thirty-Three Dollars ($1,321,133.00) to be paid to the City at 11 closing. Such authority is contingent upon: 12 (1) The removal of the parking easements on Parcels 3 and 4 in the Easement Deed dated 13 October 17, 1947, and recorded as instrument number 111311 in Deed Record Book No. 363 at Page 14 No. 573 in the records of the Circuit Clerk and Ex- Officio Recorder of Pulaski County, Arkansas, and 15 which parcels are designated as Parcels 3 and 4 on attached Exhibit B; 16 (2) The execution of the Amended and Substituted Lease Agreement authorized by Little Rock 17 Ark. Res. No. 13,009 (August 3, 2009); and 18 (3) The affirmative and voluntary withdrawal by the Foundation of its proposal for the 19 acquisition and purchase of Ray Winder Field. 20 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase or 21 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 22 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 23 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 24 ordinance. 25 E47.1 27 28 29 30 31 32 33 34 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this resolution are hereby repealed to the extent of such inconsistency. ADOPTED: October 3, 2011 E APPROVED: ' 1 r" us La g City Clerk Mark Stodola, Mayor [PAGE 2 OF $] 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 APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, Cit3UAttorney // // // // // // // // // // // // // // // // // // // // // // // // // [PAGE 3 OF 5] 1 EXHIBIT "A" 2 3 A PART OF THE NORTHWEST QUARTER (NW1 /4) OF THE SOUTHEAST 4 QUARTER (SE1 /4) OF SECTION SIX (6), TOWNSHIP ONE (1) NORTH, RANGE 5 TWELVE (12) WEST, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY 6 DESCRIBED AS FOLLOWS: 7 8 COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER 9 OF THE SOUTHEAST QUARTER (SW1 /4, SE1 /4) OF SAID SECTION 6; THENCE 10 NORTH 02 008'05" EAST ALONG THE LINE BETWEEN SAID SOUTHEAST 11 CORNER OF THE SW1 /4, SE1 /4 AND THE NORTHEAST CORNER OF THE 12 NORTHWEST QUARTER OF THE NORTHEAST QUARTER (NW 1 /4, NE 1 /4) OF 13 SAID SECTION 6 A DISTANCE OF 1406.25 FEET TO A POINT ON THE NORTH 14 RIGHT -OF -WAY OF INTERSTATE 630, THENCE NORTH 88 °50'36 "W ALONG SAID 15 NORTH RIGHT -OF- WAY 6.75' TO A 1/2" REBAR WITH CAP ( #1375), SAID POINT 16 BEING THE POINT OF BEGINNING; THENCE NORTH 87 °22'29" WEST ALONG 17 SAID NORTH RIGHT -OF -WAY A DISTANCE OF 54.79 FEET TO AN ARKANSAS 18 HIGHWAY & TRANSPORTATION DEPARTMENT (AHTD) RIGHT -OF -WAY 19 MONUMENT; THENCE NORTH 81 °56'39" WEST ALONG SAID NORTH RIGHT -OF- 20 WAY A DISTANCE OF 89.62 FEET TO A POINT; THENCE SOUTH 88'42'14" WEST 21 ALONG SAID NORTH RIGHT- OF -WAYA DISTANCE OF 30.83 FEET TO AN AHTD 22 RIGHT -OF -WAY MONUMENT; THENCE NORTH 24 °46'32" WEST ALONG SAID 23 NORTH RIGHT -OF -WAY A DISTANCE OF 27.42 FEET TO AN AHTD RIGHT -OF- 24 WAY MONUMENT; THENCE NORTH 84 °59'53" WEST ALONG SAID NORTH 25 RIGHT -OF -WAY A DISTANCE OF 189.60 FEET TO AN AHTD RIGHT -OF -WAY 26 MONUMENT; THENCE NORTH 28 °56'10" WEST ALONG SAID NORTH RIGHT -OF- 27 WAY A DISTANCE OF 96.60 FEET TO AN AHTD RIGHT -OF -WAY MONUMENT; 28 THENCE NORTH 02011'59" EAST ALONG SAID NORTH RIGHT -OF -WAY A 29 DISTANCE OF 126.97 FEET TO A MAG NAIL SET IN ASPHALT; THENCE NORTH 30 RIGHT -OF -WAY NORTH 39 014'17" EAST ALONG SAID NORTH RIGHT -OF -WAY A 31 DISTANCE OF 46.04 FEET TO A MAG NAIL SET IN ASPHALT; THENCE LEAVING 32 SAID NORTH RIGHT -OF -WAY NORTH 63 034'31" EAST A DISTANCE OF 84.70 33 FEET TO A 1/2" REBAR WITH CAP ( 41401); THENCE ALONG A CURVE TO THE 34 LEFT A DISTANCE OF 274.95 FEET TO A MAG NAIL SET IN CONCRETE WITH 35 SAID CURVE HAVING A RADIUS OF 391.10 FEET, A CHORD BEARING NORTH 36 43 026'07" EAST, AND A CHORD DISTANCE OF 269.32 FEET; THENCE SOUTH 37 76012'07" EAST A DISTANCE OF 151.83 FEET TO A 1/2" REBAR; THENCE SOUTH 38 02 024'49" WEST A DISTANCE OF 500.37 FEET TO THE POINT OF BEGINNING, 39 CONTAINING 3.82 ACRES, OR 166,489.26 SQUARE FEET, MORE OR LESS, AND 40 SUBJECT TO EASEMENTS, RIGHTS -OF -WAY, AND RESTRICTIONS OF RECORD, 41 IF ANY. 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