Loading...
5179 RESOLUTION NO. 5,179 A RESOLUTION ACCEPTING AN OFFER MADE BY JAMES R. HAYGOOD TO BUY A TRACT OF LAND IN THE LITTLE ROCK PORT INDUSTRIAL DISTRICT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED IN FAVOR OF JAMES R. HAYGOOD UPON PAYMENT OF THE TOTAL PURCHASE PRICE AND FOR OTHER PURPOSES NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS . SECTION 1. James R. Haygood has submitted to the Little Rock Port Authority a bid to purchase a tract of land in the Little Rock Port Industrial Park District described as Tract C, Area 102 , con- taining 26 . 33 acres , which offer has been accepted by the Little Rock Port Authority subject to the approval of the Board of Directors of the City of Little Rock. The tract of land under consideration is more particularly described as follows : A parcel cf land located in the NW4 of the NE4 of Section 21, Township 1 North, Range 11 West, Pulaski County, Arkansas , also being located in the Little Rock Port Industrial Park , an addition to the City of Little Rock, Pulaski County , Arkansas , more particularly described as follows : Commencing at the SE corner of the NW4 , NE4 of said Section 21, Township 1 North , Range 11 West; thence North 88° 47 ' 55" West, 96 . 5 feet along the South line of said NW4 of said NE4 to a point on the West right of way line of Fourche Dam Pike , said point being the point of begin- ning; thence continue along said South line North 88° 47 ' 55" West, 756 . 43 feet to a point; thence North 10 33 ' 10" East, 100 feet to a point; thence continue North 1° 33 ' 10" East, 444 . 04 feet along the East line of Tract A, Area 102 of said Little Rock Port Industrial Park to a point; thence North 88° 47 ' 55" West, 372 . 12 feet along the North line of said Tract A to a point on the East line of a 125 foot Natural Gas Pipe Line Easement; thence North 17° 14 ' 27" East, 650 . 36 feet along said East line to a point; thence continue along said East line North 11° 07 ' 29" East, 92 .02 feet to a point on the South right of way line of Frazier Pike ; thence South 88° 47 ' 31" East, 886 . 24 feet along said South right of way line to the point of tangent of a curve to the right with a radius of 50 feet; thence along the arc of said curve to the right 78. 84 feet to a point on the west right of way of said Fourche Dam Pike; thence along a tangent from said curve South 1° 33 ' 10" West, 1209 .24 feet along said West right of way line of said Fourche Dam Pike to the point of beginning. Said parcel contains 26 . 33 acres , more or less . -2- Said parcel is subject to the following easements: A drainage easement within Tract C, Area 102 and being more particularly described as follows : A strip of drainage easement 100 feet wide and 756 . 43 feet in length described as the South 100 feet of the NW4 of the NE4 of Section 21, Township 1 North, Range 11 West, located in the Little Rock Port Industrial Park , an addition to the City of Little Rock, Pulaski County, Arkansas . Said easement contains 1 . 74 acres , more or less . A transmission line easement within Tract C, Area 102 and being more particularly described as follows : A strip of transmission line easement 100 feet wide and 756 . 43 feet in length described as the North 100 feet of the South 200 feet of the NW4 of the NE4 of Section 21, Township 1 North , Range 11 West located in the Little Rock Port Industrial Park , an addition to the City of Little Rock , Pulaski County , Arkansas . Said easement contains 1 . 74 acres more or less . And reserving unto the grantors, the City of Little Rock , an acess easement for drainage and other related purposes as follows : An access easement across part of the NW4 of the NE4 of Section 21, Township 1 North, Range 11 West located in the Little Rock Port Industrial Park Subdivision to the City of Little Rock, Pulaski County , Arkansas , and being more particularly described as follows : Beginning at the NW Corher of Tract A, Area 102 , of said Little Rock Port Industrial Park Subdivision said point being on the East line of a 125 foot Natural Gas Pipeline Company of America easement; thence North 17° 14 ' 27" East 650 . 36 feet along said East easement line to a point; thence North 11° 7 ' 29" East 92 . 02 feet along said ease- ment line to a point on the South right of way line of Frazier Pike ; thence South 88° 47 ' 31" East 60 .91 feet along the South right of way line of said Frazier Pike to the intersection of said South right of way line and a line that runs 60 feet from and parallel to the East easement line of said Natural Gas Pipeline Company of America easement; thence along said parallel line South 11° 7 ' 29" West 108 . 94 feet to a point; thence continu- ing along said parallel line South 17° 14 ' 27" West, 479 . 76 feet to a point; thence South 1° 33 ' 10" West 147 . 92 feet to a point on the North property line of Tract A, Area 102 of the Little Rock Port Industrial Park; thence along said North property line North 88° 47 ' 55" West 104 .05 feet to the point of beginning. Said parcel contains 1 . 1 acres , more or less . SECTION 2 . The offer to purchase as set out in an Offer and Acceptance dated February 5 , 1974 , attached to this Resolution and incorporated therein by reference is hereby approved and accepted by the Board of Directors of the City of Little Rock and the Mayor -3- is hereby directed to execute for and on behalf of the City a Warranty Deed conveying said property to James R. Haygood, and the City Clerk is hereby authorized to attest said Deed and to deliver same to James R. Haygood upon full payment of Three Hundred Twenty- six Thousand Two Hundred Fifty Dollars ( $326 ,250 .00) . SECTION 3 . This Resolution shall be in full force and effect from and after its adoption. ADOPTED: April 2, 1974 ATTEST: „,,, APPROVED: Z.e44wfi City Clerk Mayor OFFER AND ACCEPTANCE Dated February 5, 1974 1. JAMES R. HAYGOOD , herein called the Buyer, offers to buy subject to the following conditions from the Little Rock Port Authority, an agency of the City of Little 'lock, hereafter called the Seller, the following property: Tract C, Area 102 , in the Port Industrial Park, Pulaski County, Arkansas; containing approximately 26 . 33 acres; as determined by the attached survey and legal description and subject to the easements described therein , the first two being recorded and the third being a tract reserved for future drainage needs . 2 . Buyer will pay to the City of Little Rock the sum of $326 ,250 . 00 - total sum for the described property. 3. This Offer is made subject to the condition that gas , water, and sewer will be available to the road right-of-way adjacent to the property . 4. Conveyance shall be made by Warranty Deed and acceptance shall be subject to all recorded restrictions and easements , if any, and it shall contain certain Protective Covenants , a copy of which has been furnished Buyer. 5 . Buyer herwith tenders Two thousand dollars and no/100 ($2, 000 .00) as earnest money, to become part of purchase price upon acceptance. This sum shall be held by Seller and if offer is not accepted or if title requirements are not fulfilled, it shall be promptly returned to Buyer. If, after acceptance, Buyer fails to fulfill his obligations, the earnest money shall become liquidated damages in favor of the Seller, which fact shall not preclude Seller from asserting other legal rights which they may have because of such breach. 6. Taxes and special assessments , due on or before the closing date , shall be paid by the Seller. Other taxes shall be pro-rated as of the closing date. • Page-2 7. The Seller shall furnish at its cost a complete abstract reflecting merchantable title; however, Seller shall have an option to furnish Buyer in place of the abstract, a policy of title insurance, and submission of an abstract shall not constitute a waiver of this option. Seller shall have a reasonable time after acceptance within which to furnish the abstract or title insurance. If objections are made to the title , Seller shall have a reasonable time to meet the objections or to furnish title insurance. The closing of the transaction shall be completed as soon as possible after the certification of the title. 8. Possession of the tract shall be delivered immediately upon closing of this transaction. 9 . Buyer certifies that it has inspected the property and it is not relying upon any warranties , representations or statements of Seller as to the suitability of the land for the intended purposes of Buyer. 10 . This Offer shall be a binding contract if accepted by the Little Rock Port Authority pursuant to authority granted by the Board of Directors of the City of Little Rock. It is hereby agreed that the Buyer will have 150 days to close this transaction after Buyer has been furnished a survey and abstract of the above described property. Buyer Attested: v James R. Haygo ,/ The above Offer is accepted this day of , 19 • . LITTLE ROCK PORT AUTHORITY Seller By: ` / 'Z'tt7 Fred I. Brown, Jr Chairman By: • • • • LEGAL DESCRIPTION TRACT C AREA 102 FEBRUARY 19, 1974 A parcel of land located in the NW 1/4 of the NE 1/4 of Section 21, Township-1- North, Range-11-West, Pulaski County, Arkansas, also being located in the Little Rock Port Industrial Park, an addition to the City of Little Rock, Pulaski County, Arkansas, and being more particularly described as follows: Commencing at the SE corner of the NW 1/4, NE 1/4, of said Section 21, Township- 1-North, Range-11-West; thence N 88° 47' 55" W, 96.5 feet along the South line of said NW 1/4 of said NE 1/4 to a point on the West Right-of--Way line of Fourche Dam Pike, said goint being the Point of Beginning; thence continue along said South line N 88 47' 55" W , 756.43 feet to a point; thence N 1° 33' 10" E, 100 feet to a point; thence continue N 1° 33' 10" E, 444.04 feet along the East line. of Tract A, Area 102 of said Little Rock Port Industrial Park to a point; thence N '88° 47' 55" W, 372.12 feet along the North line of said Tract A to a point on the East line of a 125 foot Natural Gas Pipe Line Easement; thence N 17° 14' 27" E, ' 650.36 feet along said East line to a point; thence continue along said East line N 11° 07' 29" E, 92 .02 feet to a point on the South Right-of-Way line of Frazier Pike; thence S 88° 47' 31" E, 886.24 feet along said South Right-of-Way line to the point of tangent of a curve to the Right with a radius of 50 feet; thence along the arc of said curve to the Right 78.84 feet to a point on the West Right= of-Way of said Fourche Darn Pike; thence along a tangent from said curve S 1 33' 10" W, 1209.24 feet along said West Right-of-Way line of said Fourche Darn Pike to the Point of Beginning. Said parcel contains 26.33 acres, more or less. Said parcel is subject to the following easements: I I. A Drainage Easement within, Tract C, Area 102 and being more particularly described as follows: • A strip of drainage elsement 100 feet wide and 756.43 feet in length described as the South 100 feet of the NW 1/4 of the NE 1/4 of Section 21, Township-1-North, Range-11- West located in the Little Rock Port Industrial Park, an addition to the City of Little Rock, Pulaski County, Arkansas. Said easement contains 1.74 acres, more or less. II. A Transmission Line Easement within Tract C, Area 102 and being more particularly describe; as follows: A strip of transmission line easement 100 feet wide and 756.43 feet in length described as the North 100 feet of the South 200 feet of the NW 1/4 of the NE 1/4 of Section 21, Township-1-North, Range-11-West located in the Little Rock Port Industrial Park, an addition to the City of Little Rock, Pulaski County, Arkansas. Said easement contains 1.74 acres, more or less. • AN ACCESS EASEMENT WITHIN TRACT C, AREA 102 III. An access easement across part of the NW 1/4 of the NE 1/4 of Section 21, Township 1. -North, Range 11 West located in the Little Rock Port Industrial Park Subdivision to the City of Little Rock, Pulaski County, Arkansas, and being more particularly described as follows: • Beginning at the NW corner of Tract A, Area 102 of said Little Rock Port Industrial Park Subdivision said point being on the East line of a 125-foot Natural Gas Pipeline Company of America easement; thence N17 0 14' 27" E 650.36 feet along said East easement line to a point; thence N 110 7' 29" E 92.02 feet along said easement line to a point on the South Right-of-Way line of Frazier Pike; thence S 880 47' 31" E 60.91 feet along the South Right-of-Way line of said Frazier Pike to the intersection of said South Right-of-Way line and a line that runs 60 feet from and parallel. .to the East easement line of said Natural Gas Pipeline Company of America easement; thence along said parallel line S 11 7' 29" W 108.94 feet to a point; thence continuing along said parallel line S 170 14' 27" W 479.76 feet to a point; thence • S 10 33' 10" W 147.92 feet to a point on the North property line of Tract A, Area 102, of the Little Rock Port Industrial Park; thence along said North property line N 830 47' 55" W 104.05 feet to the Point. of Beginning. Said parcel contains 1.1 acres, more or less. j r • • J. R. BERRY • REGISTERED LAND SURVEYOR STATE OE ARKANSAS NO. 200 •