Loading...
3668 RESOLUTION NO. 3,668 A RESOLUTION ACKNOWLEDGING RECEIPT OF AN OPTION FOR AN EASEMENT FOR RAILROAD RIGHT-OF-WAY TO SERVE THE INDUSTRIAL PARK AND RELATED TERMINAL FACILITIES; AUTHORIZING THE PAYMENT OF $100.001 AS CONSIDERATION FOR SAID OPTION AND FOR OTHER PURPOSES. WHEREAS, the owners of certain property situated in Sections 17 and 18, Township 1, North Range 11, West Pulaski County, Arkansas have offered the Port Authority and the City of Little Rock an option to purchase easement for Railroad right-of- way upon, over and across said lands for a consideration of $100.00; and, WHEREAS, the Port Authority has by Resolution duly passed, recommended that the City of Little Rock accept the "option to purchase easement" for the stated purposes and pay the sum of $100.00 as consideration for said option. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. The option to purchase easement tendered to the City of Little Rock and the Port Authority for Railroad right- of-way to serve the industrial development and relating Port terminal facilities of the City of Little Rock, which easement is situated in Section 17 and 18, Township 1, North Range 11 West, Pulaski County, Arkansas, is hereby accepted. Said option to purchase easement is in form and substance as follows: OPTION TO PURCHASE EASEMENT KNOW ALL MEN BY THESE PRESENTS : That the undersigned , for and in consideration of the sum of One Hundred and No/100 Dollars ($100. 00) and other good and sufficient consideration , cash in hand paid , the receipt of which is hereby acknowledged , hereby grant to the City of Little Rock (hereinafter called "City") , and to its successors and assigns , an option to purchase for the sum of One Hundred and No/100 Dollars ($100.00) , and other consid- eration herein set out , a permanent easement and right-of-way for the following purposes , namely : The right to enter on the hereinafter described land and do any and all work neces- sary to construct , operate , and maintain a railway , including the right to clear said right-of-way and keep the same clear of all brush, timber, and other obstructions ; the right to grade said right-of-way and make the necessary fills and cuts therefor , and the right to lay the necessary crossties and rails for one or more railway tracks. Said easement and right-of-way will affect the land now owned by the undersigned shown on the attached plat (marked Exhibit A) , located in Sections 17 and 18 , Township 1 North, Range 11 West , Pulaski County , Arkansas . The permanent easement shall consist of a right-of-way of not to exceed seventy (70) feet in width at any point , as required for railway purposes , and shall be located substantially as shown on the attached plat on the lands shown thereon which are now owned by the undersigned. The term, "permanent easement ," as used herein means an easement existing so long as City , its successors and assigns , shall actually maintain, use and operate a railroad along the easement , and the conveyance shall provide that if a railroad is not actually constructed along the easement within five (5) years from the date of the conveyance , or if , thereafter , the railroad is abandoned for a period as long as one year , the easement shall automatically terminate. It is understood that the easement and conveyance thereof by the undersigned will necessarily be subject to any right , interests and easements which may be now outstanding in others (such as Texas Eastern Transmission pipeline and tele- phone right-of-way , for example) , and that any curative work on or acquisition of such rights , interests or easements , if any , shall be done or consummated by the City at its expense. This option shall continue in force for a period of twelve (12) months from the date hereof , and at any time within said period , City shall have the right to exercise said option by giving the undersigned written notice of its determination so to do. The City may enter on the land of the undersigned for the purpose of making additional surveys without being deemed to have exercised this option . If City shall elect to exercise this option , the under- signed agree that at such time as City may name , within the time limit hereof , they will execute and deliver to City a properly executed instrument of conveyance whereby the above described easement and right-of-way are conveyed to City , free -2- of encumbrances ; and the undersigned understand and hereby agree that the purchase price above stated will be paid to them on the delivery of such instrument of conveyance. It is further understood and agreed by the undersigned that the payment of such purchase price is in full compensation to them for the conveyance of such easement and right-of-way , and for all damages incidental to the exercise of any of the rights above described , except day-ages to growing crops , and that any excess in value of the easement over the purchase price shall be an irrevocable , completed gift by the undersigned to the City. Grantors reserve for themselves , their heirs , executors , administrators , and assigns , the right to cross the herein described easement with roadways and with pipelines , wires , conduits and any other structures , either overhead , underground or on the surface , as may be convenient for the purposes of Grantors , provided that such right is not exercised to inter- fere with the operation of the railroad . As a further consideration to them, the undersigned hereby reserve for themselves , their heirs , executors , admin- istrators and assigns the right at their awn separate cost and expense , to connect , (without charge by the City , its successors or assigns) , any spur or sidetracks that may be laid on land now owned by them, (or in which they own interests) , adjacent to the premises hereby conveyed , with any railroad track or tracks that may hereafter he constructed or operated on the premises hereby conveyed subject to the following condi- tions : -3- . 1. No spur or sidetrack will be constructed by the undersigned that will allow anyone outside the boundary of the property now awned by the undersigned to use the said spur or sidetrack without permission of the City . 2. Any sidetrack or spur constructed will meet all governmental requirements and other recognized safety regula- tions. 3. Any applicable reservation , restriction , or condition relating to construction and operation imposed by any rail carrier with whom the City may contract regarding the subject tract , spur or siding. When and if the option is exercised , the undersigned will furnish for the City ' s inspection , an abstract , title insurance policy or commitment or other satisfactory evidence reflecting good and merchantable title , subject only to any now existing rights , interests or easements outstanding in others. The abstract will be returned to the undersigned . Any expense of bringing abstracts up to date will be borne by the City. The undersigned will not permit any additional easements to arise during the period of existence of this option which would interfere with City ' s easement. If the City or any other governmental authority acquires a portion of the 350 acres , approximately , of land in which the undersigned now own interests , adjacent to the proposed easement , and if the undersigned acquire additional lands adjacent to the contemplated railroad , the rights above pro- vided to connect spurs and sidetracks free of charge shall apply to such portion of said other lands as shall be equal in area to the portion of said 350 acres acquired by the N City or other governmental authority. J. D. Walthour, Trustee , J. D. Walthour , individually , and Hattie Walthour , his wife , join herein for the purpose of binding themselves , their successors in interest , and assigns that they will execute and deliver a recordable re- lease of any liens held by them on the property over which an easement shall be conveyed pursuant hereto, (at the time of conveyance of the easement described herein) . IN WITNESS WHEREOF , the undersigned , the owners of the land above described , have hereunto subscribed their names 1., on this the ,5 day of A(ti L4L ,__ , 1966 , as have J. D. Walthour , Trustee , J. D. Walthour , individually , and Hattie Walthour , his wife , for the limited purpose of releasing liens as above provided. ,f P-a r, ti tC P att C. Remmel Luc z 6 o �_ Catherine C. Remmel FIXED ASSETS LEASING CORPORATION By : 1 0 .,,;4 X. L/�-„t.-►i,-x=-I ATTEST: -��, Roland R. Remmel, President,- ,._,,..;_.77 7,1--, Vi is McCartney , Secreta ARKANSAS RIVER CONSTRUCTION COMPANY, INC. -- By : /4 ( •Cc . / Pratt C. Remmel, P esident A ST : i ,' ,(L c,l,7 \_ -,1)1_0,.. Paul M. Zander , SeEretary J. D. Walthour , 3'rustee A. D. Walthour, Individually Ill aw/l .e .... .A Hattie Walthour FIRST NATIONAL BANK, Trustee Under Agreement, W. H . Satterfield , Dated March 23 , 1966 By : /4z, James H. Rice , J . , Vice A TTE N. President and Trust Officer Ass stant Trost Officer STATE OF ARKANSAS) ) ss. ACKNOWLEDGZ€NT COUNTY OF PULASKI) On this the 1.,-1-=4,- day of November , 1966 , before me , a Notary Public , personally appeared Roland R. Remmel and Vir- ginia McCartney , to me known to be the persons described in and who executed the foregoing instrument as president and secretary , respectively , of Fixed Assets Leasing Corporation, a corporation , and severally acknowledged before me that they executed the same as such officers , in the name of and on behalf of the said corporation. IN WITNESS WHEREOF, I hereunto set my hand and official seal . i /. fa A 474,--,6 Notary Public My commission expires : STATE OF ARKANSAS) ) ss . ACKNOWLEDGMENT COUNTY OF PULASKI) �, On this the p?,5 // day of d2..c,c,2,-1- 4.,/ , 1966 , before me a Notary Public , personally appeared Pratt C. Remmel and Paul M. Zander, to me known to be the persons described in and who executed the foregoing instrument as president and secretary , respectively , of Arkansas River Construction Com- pany , Inc. , a corporation , and severally acknowledged before me that they executed the same as such officers , in the name of and on behalf of the said corporation. :N iW_TNESS WHEREOF , I hereunto sst my hand and official sea . • Aid start' Public My commission expires : )-?-7 /Y . STATE OF ARKANSAS) ) SS . ACKNOWLEDGMENT COUNTY OF PULASKI) C On this the ,15 day of ;7) , 1966 , before me , a Notary Public , personally appeared James H. Rice , Jr. and Robert F. Merrit, to me known to be the persons described in and who executed the foregoing instrument as Vice President and Assistant Trust Officer , respectively , of the First National Bank, a corporation , and severally acknowledged before me that they executed the same as such officers , in the name of and on behalf of the said corporation . IN WITNESS WHEREOF I have hereunto set my hand and official seal. Notary Public Y., contnission expires : STATE OF ARKANSAS) ) SS. COUNTY OF PULASKI) ACKNOWLEDGMENT On this the 075:1/-\ '�day of )2,4 u /-Z, 1966 , before me , a Notary Public, personally appeared Pratt C. Remmel and Catherine C. Remmel, husband and wife , known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged that they had executed same for the purposes therein contained. And Catherine C. Remmel, to me personally known as wife of Pratt C. Remmel, further acknowledged that she executed such iostrument without compulsion or undue influence of her husband. • lotary Public My commission expires : (z., 177o • STATE OF ARKANSAS ) ) SS. ACKNOWLEDGMENT COUNTY OF PULASKI ) On this the 025"/ day of 22a6,,,a--?-rile4/12 , 1966, before me , a Notary Public , personally appeared J. D. Walthour, Trustee , and individually and Nettie Walthour , known to me to be the persons whose names are subscribed to the foregoing in- strument and acknowledged that they had executed same for the purposes therein contained. WITNESS my hand and seal. 21: )2/2 Nvtublic My commission expires : -h17 1, /77o -2- SECTION 2. This Resolution shall not be construed as authority to exercise said "option to purchase" said right- of-way but merely the payment of the consideration for said option. SECTION 3. The City Manager and Director of Finance are hereby authorized and directed to pay to the Grantors set forth in said option the sum of $100.00 as consideration, therefore. SECTION 4. This Resolution shall ba in full force and effect from and after its adoption. ADOPTED: December 5, 1966 /4 - ,6;12_ .Pae6,eif ATTEST P APPROVED: City Clerk Assistant Mayor P