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3747 C RESOLUTION NO. 3, 747 A RESOLUTION CONCURRING WITH THE LITTLE ROCK PORT AUTHORITY AND APPROVING THE OFFER AND ACCEPTANCE DATED MARCH 24, 1967, PROVIDING FOR THE PURCHASE BY THE CITY FROM W. H. GRIFFIN AND WILSIE GRIFFIN, HIS WIFE, OF 151 ACRES OF LAND IN PULASKI COUNTY, ARKANSAS, TO BE USED FOR PURPOSE OF DEVELOPING THE PORT OF LITTLE ROCK; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. The Board of Directors hereby approves the Offer and Acceptance dated March 24, 1967, executed by W. H. Griffin and Wilsie Griffin, his wife, and the Chairman and Secretary of the Port Authority of the City of Little Rock whereby the City of Little Rock is privileged to purchase One Hundred Fifty-One Acres (151) of land from the said W. H. Griffin and Wilsie Griffin, his wife, to be used for purpose of construction, developing, and operating the Port of Little Rock. A copy of said Offer and Acceptance is attached hereto as Exhibit A and made a part hereof the same as though set out herein word for word. SECTION 2. The Port Authority is hereby authorized and encouraged to proceed as expeditiously as possible with the purchase of the property as provided for in said Offer and Acceptance. SECTION 3. This Resolution shall be in full force and effect from and after its passage. ADOPTED: April 3, 1967 ATTEST: Cl� ee. APPROVED: 4� /ity Clerk Mayor OFFER AND ACCEPTANCE Date: 931-4.L� �-/, i 4 G TO: W. H. GRIFFIN AND WILSIE GRIFFIN The City of Little Rock, herein called the buyer offers to buy, subject to the special conditions and terms hereinafter set forth, the following described property: n parcel of land situated in Sections 9, 10, and 15, Township 1 North, Range 11 West, all lying South of the Arkansas River and East of Fourche Bayou, Pulaski County, Arkansas, and more parti- cularly described as follows: Commencing at the Southwest corner of the 5E1, Section 15, Township 1 North, Range 11 West, thence Northerly along the West line of said 3Ei, Section 15, 1,808.12 feet to point of beginning, said point being on the centerline of Fourche Bayou; thence deflect 36°39 ' right, 2, 356 feet to the Ordinary High Water line of the Arkansas River; thence North- westerly along the Ordinary High Water line of the Arkansas River to the intersection of the West line of the SEA, Section 9, Township 1 North, Range 11 West; thence Southerly along said West line, Ste, Section 9 to the intersection of the centerline of Fourche Bayou, said point being approximately 2, 400 feet North of the Southeast corner of said SE', Sec- tion 9; thence Southeasterly along the centerline of Fourche Bayou to the poilt of beginning, and contain- ing 151 acres, more or less. The buyer will pay $151,000.00 for the property. Special conditions: 1. Grantor shall reserve for himself, his heirs and assigns, subject to any regulations of the operating railroad company and any governmental bodies charged with jurisdiction over such railroad facilities, an easement of sufficient width to accomodate one single track railroad line roughly parallel and as close as possible to spur tracks which will be construc- ted by the Little Rock Port Authority on the south or west side of the Port facility, and which will not interfere with the operation or future construction of the Port facility, said easement to commence at a point just southwest of the inter- section of the above mentioned spur tracks with the main rail access to the Little Rock Port, and thence proceed along the shortest practical route from that point to the boundary line OFFER AND ACCEPTANCE Page Two between the described property and the remaining property owned by these sellers lying south of the property described herein. it is specifically understood that the City of Little Rock, its agencies and assigns shall have the right to cross the described easements with railroads, roadways, pipelines, wires, conduits or any other structure either overhead or underground or on the surface as may be convenient for the purposes of the Little Rock Port Authority, its successors and assigns, providing that such right is not exercised to interfere with the operation of any railroad built on this easement. The buyer, its successors and assigns shall have the right to connect with any railroad track built on this easement at its own expense at points designated by the buyer, its successors, and assigns. It is specifically understood and agreed that this easement is reserved only for the purposes of the construction of a railroad track which is to be constructed at the expense of the seller . his heirs, assigns or devisees, and who will also bear the expense of the restoration of any pavement damaged by said track, and nothing in this instrument shall be construed to mean that the City of Little Rock, its agencies or assigns, are required to construct a railroad track along this easement. 2. Sellers will have continuous access to their remain- ing lands at all times over the existing roads until substitute vehicular access is provided by appropriate roads or streets. 3. It is understood that the property described herein is rented on a year to year basis to a farm tenant, and the buyer will purchase this property subject to the rights of the said tenant. If this offer is accepted by Seller, conveyance shall be made by Warranty Deed except it shall be subject to all recorded restrictions and easements, if any. OFFER AND ACCEPTANCE Page Three The City will pear the cost of bringing the abstract of title to date and the Seller will within reasonable time comply with any reasonable requirements made by the City in order to convey to the City a merchantable title satisfactory to the City' s attorney. All taxes and special assessments due and payable on or before the closing date shall be paid by the Seller. Possession of the premises hereinabove described shall be delivered to the Buyer within days from the closing date. The Seller shall have days to accept this offer by indicating such acceptance on a copy of this instru- ment and furnishing same to the Buyer. CITY OF LITTLE ROCK, ARKANSAS B Attest; 9 The above offer to buy is accepted this 2'� day of c , 1967 . ♦ _�/� W. H. Griffin, Sell: i Wilsie Griffin, ller