4433 RESOLUTION NO. 4,433
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE ON BEHALF OF THE CITY OF LITTLE ROCK,
A DEED CONVEYING CERTAIN LANDS IN THE LITTLE ROCK
PORT INDUSTRIAL PARK TO R. R. JOHNSTON, JR. , W. C.
MARTIN, JR. , THOMAS E. 'IWITTY, JR. , AND GEORGE A.
HAAS, JR. , AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS .
SECTION 1. The Mayor and City Clerk of the City of Little
Rock, Arkansas, are hereby authorized to execute on behalf of the City
of Little Rock, Arkansas, a Warranty Deed to R. R. Johnston, Jr. , W. C.
Martin, Jr. , Thomas E. Twitty, Jr. , and George A. Haas, Jr. , conveying
six (6) acres of land situated in the Little Rock Port Industrial Park,
Pulaski County, Arkansas, more particularly described as follows:
Commencing at the northwest corner of the Northwest
Quarter (NW4) , Section 15 , Township 1 North, Range
11 West; thence East 1858.35 feet to a point; thence
South 592 .72 feet to a point on the boundary of the
property leased by the Little Rock Port Authority to
the operator of the Little Rock Port; thence along the
boundary of said leased property South 31°44 '56" West ,
676.60 feet to a point; thence South 66°15 '45" East
758.68 feet to a point; thence North 23°44 '15" East
250 feet to a point; thence South 66°15 '45 " East 150
feet to a point on the south right-of-way line of Lind-
sey Road, thence South 23°44 '15" West 80.00 feet a-
long said right-of-way line to the point of beginning;
thence from the point of beginning South 66°15 '45" East
835 .02 feet to a point; thence South 23°44' 15" West
313 .00 feet to a point; thence North 66°15 '45" West
835 .02 feet to a point on the South right-of-way line
of Lindsey Road; thence along the said right-of-way
line North 23°44' 15" East 313 .00 feet to the point of
beginning. Said parcel containing 6.0 acres, more or
less.
Parcel is subject to an easement 30 ' wide adjacent to and running parallel
with the south right-of-way line of Lindsey Road. Said easement contain-
ing .22 acres, more or less.
SECTION 2 . The Warranty Deed referred to in Section 1 hereof
shall be in form and substance as follows:
W A R R A N T Y D E E D
KNOW ALL MEN BY THESE PRESENTS :
That the City of Little Rock, Arkansas, a City of the First
Class, organized and existing under and by virtue of the laws of the State
of Arkansas, by its Mayor and City Clerk, duly authorized by proper reso-
lution of its Board of Directors, for and in consideration of the sum
of Thirty Thousand and NO/100 Dollars ($30, 000.00) , payable by R. R.
Johnston, Jr. , W. C. Martin, Jr. , Thomas E. Twitty, Jr. , and George A.
Haas, .Jr. , Grantees, as follows: Seven Thousand Five Hundred and NO/100
Dollars ($7, 500.00) to be paid upon delivery of the Deed conveying the
property hereinafter described, and the balance of Twenty-two Thousand
Five Hundred and NO/100 Dollars ($22, 500.00) to be paid in sixty (60)
equal monthly installments with interest thereon at eight (8%) percent
per annum commencing the first day of the month following the date of
conveyance of title, as evidence by a Promissory Note executed by the
said Grantees in favor of the City of Little Rock of even date of this
Deed, acting on behalf of the City of Little Rock, Arkansas, do hereby
grant, bargain, sell and convey unto the said R. R. Johnston, Jr. , W. C.
Martin, Jr. , Thomas E. Twitty, Jr. , and George A. Haas, Jr. , Grantees,
and to their successors and assigns forever, subject to protective
covenants and easements hereinafter set forth, the following described
lands situated in the County of Pulaski, State of Arkansas, to-wit:
A parcel of land situated in Section 15, Township 1
North, Range 11 West, Pulaski County, Arkansas, and
more particularly described as follows :
Commencing at the northwest corner of the Northwest
Quarter (NW4) , Section 15, Township 1 North, Range
11 West; thence East 1858 . 35 feet to a point; thence
South 592 . 72 feet to a point on the boundary of the
property leased by the Little Rock Port Authority to
the operator of the Little Rock Port; thence along the
boundary of said leased property South 31°44' 56" West,
676.60 feet to a point; thence South 66°15 ' 45" East
758.68 feet to a point; thence North 23 °44' 15" East
250 feet to a point; thence South 66°15 '45" East 150
feet to a point on the south right-of-way line of
Lindsey Road, thence South 23 °44 ' 15" West 80.00 feet
along said right-of-way line to the point of beginning;
thence from the point of beginning South 66°15 '45" East
835.02 feet to a point; thence South 23°44 ' 15" West
313.00 feet to a point; thence North 66°15 '45" West
835.02 feet to a point on the south right-of-way line of
Lindsey Road; thence along the said right-of-way line
North 23°44' 15" East 313.00 feet to the point of beginning.
Said parcel containing 6.0 acres, more or less .
This conveyance is made subject to an easement over and across
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the described property, said easement being a strip thirty (30) feet
wide adjacent to and running parallel with the South right-of-way line
of Lindsey Road. Said easement containing .22 acres, more or less .
To have and to hold the same unto the said Grantess, R. R.
Johnston, Jr. , W. C. Martin, Jr . , Thomas E. Twitty, Jr. , and George A.
Haas, Jr. , and unto their heirs, administrators, and assigns together
with all and singular the tenements, appurtenances and hereditaments
thereunto belonging or in any wise appertaining.
And Grantor hereby covenants with the said R. R. Johnston,
Jr. , W. C. Martin, Jr. , Thomas E. Twitty, Jr. , and George A. Haas, Jr. ,
that it will forever warrant and defend the title to said lands and
property against the lawful claims of any and all persons whomsoever.
And the said Grantees, for themselves, their heirs, ad-
ministrators, and assigns hereby covenant, promise and agree with the
Grantor, its successors and assigns that the protective covenants herein-
after stated shall attach to and run with the land hereby conveyed, and
the same may be enforced as provided for in said covenants.
1. No industry or other business shall be established,
maintained, or permitted on this property which produces objectionable
smoke, dust, noise, odor or vibration. Determination of whether an
industry or business is objectionable for any of the above reasons shall
be at the sole discretion of the Board of Directors of the City of Little
Rock. The Grantee shall not use any of the land or premises for the
manufacture, storage, distribution or sale of any materials or products
which shall increase the insurance rates of the adjoining property or
for any purposes which constitute a menace in the generally accepted
definition of that term, and the Grantee agrees that it will use said
property in compliance with all ordinances of the City of Little Rock
applicable to the use of property including, but not limited to, building
code, health code, subdivision, fire zoning, etc. , and in compliance
with all laws of the State of Arkansas, and of the United States of
America.
2 . Grantee shall submit detailed plans and specifications
including plot plan for the initial construction and for any exterior
alteration, modification or additional construction to the Grantor
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or to its designated agent prior to the commencement of construction,
and Grantor ' s written approval shall be proof of compliance with this
restriction.
3. Structures erected upon the conveyed property shall
have building lines which shall be a minimum of 70 feet from the right-
of-way of Lindsey Road, and the building line shall be a minimum of 30
feet from all other property lines. Irrespective of compliance with
these building line requirements, however, truck docks or loading sta-
tions must be so situated that trucks, tractors, trailers or any com-
bination thereof may not, while being either loaded, unloaded or maneuvered,
project beyond the right-of-way of any street, alley or open space bor-
dering the conveyed property.
4. Billboard posters and other advertising signs are pro-
hibited except, however, signs which advertise the property owner ' s
business or products may be erected with prior approval of the Grantor.
Prior to the erection of such a sign as herein permitted, Grantor is
specifically authorized to erect a sign on the conveyed property iden-
tifying the purchased property as belonging to the Grantee.
5. It shall be the responsibility of the property owner
to provide parking space for employees, customers and visitors, and the
public streets shall not be used for parking. It shall be Grantee' s
responsibility to extend driveways to existing or projected streets
at no expense to Grantor even though part of this construction is within
the future right-of-way. Construction of driveways connecting with ex-
isting or later developed streets in such a manner as to interfere with
the normal drainage in the street to which the driveway is connected is
prohibited.
6. The owner of said property shall keep the premises,
buildings and improvements in a safe, clean, healthful and presentable
condition at all times and shall comply in all respects with all govern-
ment, health and police requirements pertaining thereto. •
7. Grantee herein agrees to commence construction of the
improvements which he intends to place on the conveyed property within
two (2) years from the date of conveyance; providing, however, if the
Grantee is prevented from commencing construction within the time herein
set out for reasons solely outside his control, the time for commence-
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ment of construction may be extended by Grantor, and if extended shall
not be considered a violation of this covenant. Grantee is prohibited
from selling any of said lands on which improvements have not been con-
structed without first offering said excess land to the City of Little
Rock at the price paid by Grantee. After written notice of the in-
tention of Grantee to sell has been received by Grantor, the Grantor shall
have a period of ninety (90) days in which to exercise the right of
repurchase. Whenever buildings or other permanent structures covering
twenty (20%) percent of the total ground area have been constructed by
Grantee, this prohibition shall become null and void and the Grantor
then waives any further right as to the resale of the property; except,
however, that any subdivision of the tract, irrespective of the percent
of total ground area upon which improvements have been constructed, must
be approved by the Little Rock Planning Commission. All other restrictions,
however, shall remain in full force and effect as separately provided.
In the event Grantee desires to sell the entire acreage hereby conveyed
after he has constructed buildings or improvements covering less than
twenty percent of the area conveyed, permission to resell the entire
property will nctbe arbitrarily withheld by Grantor.
8. Because of the difficulty in prescribing in advance the
location of all utility, street, and rail easements which may ultimately
be required, Grantee herein agrees to offer every reasonable cooperation
in providing such easements, including easements which may be required
by the Little Rock Planning Commission upon the preliminary approval of
the development plan, and any other easements which have been clearly
indicated on an engineer ' s survey of the property which has been furnish-
ed to Grantee.
9. The Grantor herein, its successors and assigns, or other
property owners in the Little Rock Port Industrial Park subject to these
covenants, may enforce these restrictions either by restraining order
or may prosecute at law or in equity a suit for damages or any other
remedy which they may have.
10. Invalidation of any of the foregoing conditions, re-
strictions or covenants by a court of competent jurisdiction in no way
affects any of the other provisions which shall remain in full force and
effect.
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11. Grantor agrees to invoke substantially similar restric-
tions in all subsequent conveyances of similar industrial land.
12 . These restrictions shall be covenants running with the
land and shall be binding upon the Grantee, its successors and assigns,
and shall be in full force and effect for twenty-five (25) years from
the date of this Deed. These covenants or any one of them may be amended
upon the approval of three-fourths (3/4) of the owners of property in
the industrial area to which these covenants apply and by majority action
of the Board of Directors of the City of Little Rock; provided, however,
that no amendment of these covenants shall impair the original use of
this property as approved by the Grantor.
A Vendor 's Lien on the proprty herein conveyed is expressly
retained to secure the payment of the purchase price remains due as afore-
said.
IN WITNESS WHEREOF, the City of Little Rock, Arkansas, a
municipal corporation, has caused these presents to be signed by its
Mayor and its Clerk, and its corporate seal to be hereto affixed, all
in accordance with and pursuant to a Resolution of its Board of Directors,
duly and regularly adopted, a copy of which is hereto attached and
made a part hereof, on this day of August, 1970.
CITY OF LITTLE ROCK, ARKANSAS
MAYOR
CITY CLERK
(S E A L)
A C K N O W L E D G M E N T
STATE OF ARKANSAS)
ss.
COUNTY OF PULASKI)
On this day personally appeared before the undersigned, a
Notary Public in and for the County and State aforesaid, duly qualified
and acting, Haco Boyd and Jane Czech, to me well known to be the Mayor
and City Clerk, respectively, of the City of Little Rock, Arkansas, and
stated that they had executed the foregoing Deed pursuant to provisions
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of Resolution No. for the consideration and purposes therein men-
tioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal
this day of August, 1970.
Notary Public
My commission expires:
This instrument was prepared by Riddick
Riffel, Attorney at Law, 1021 Pyramid
Bldg. , Little Rock, Arkansas 72201.
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SECTION 3 . The execution of the Warranty Deed referred to
herein is in compliance with an offer and acceptance made by the said
R. R. Johnston, Jr. , W. C. Martin, Jr. , Thomas E. Twitty, Jr. , and
George A. Haas, Jr. , the acceptance of which by the Little Rock Port
Authority was approved by Resolution No. 4, 415 adopted July 20, 1970.
Said offer and acceptance contains a provision that the City of Little
Rock will release the western one and one-half (12) acres of the
conveyed property from the Vendor ' s Lien retained by the City of Little
Rock in its Deed of Conveyance upon payment of the first Seven Thousand
Five Hundred and NO/100 Dollars ($7 , 500.00) of the consideration recited
in the Deed of conveyance.
The Mayor and City Clerk are hereby authorized to execute a
Partial Release of Vendor ' s Lien as provided for in the offer and accept-
ance contained in Resolution 4,415 upon payment of Seven Thousand Five
Hundred and NO/100 Dollars ($7 , 500 .00) as the first payment of the con-
sideration for the property conveyed .
SECTION 4. This Resolution shall be in full force and effect
from and after its adoption.
ADOPTED: August 17, 1970
i , "SIP
ATTEST: APPROVED: �� •� ��
CLERK MAYOR