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5492 RESOLUTION NO 5,492 A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT TO SELL CERTAIN LANDS LOCATED IN THE LITTLE ROCK PORT INDUSTRIAL PARK TO THE ARKANSAS HIGHWAY DEPARTMENT FOR RIGHT OF WAY PURPOSES OF THE EAST BELT FREEWAY; AND FOR OTHER PURPOSES BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. The Mayor and City Clerk, acting for and on behalf of the City of Little Rock, are hereby authorized to execute a Contract To Sell for certain lands situated in the Little Rock Port Industrial Park to the Arkansas Highway De- partment to be used for right-of-way purposes of the East Belt Freeway. Those lands are described as follows: A. All of Lots 14, 15, 16, 17 , 18, 19 , 20 , 21, 22 and 23 , Block H, Factoria Addition to the City of Little Rock, Arkansas lying South of the South Right of Way Line of the Little Rock Port Authority Railroad containing 35 , 511 square feet, more or less. . Purchase Price $3 ,200 .00 B. All of Lot 12 , Block G, Factoria Addition to the City of Little Rock, Arkansas , lying North of the North right of way line of Little Rock Port Authority Railroad containing 5 ,250 square feet, more or less . . Purchase Price 50 . 00 SECTION 2 . The Contracts to Sell the above identified properties are attached to this Resolution as Exhibits "A" and "B" respectively and same are hereby approved and accepted by the Board of Directors of the City of Little Rock and the Mayor is hereby authorized and directed to execute for and on behalf of the City of Little Rock a Warranty Deed conveying said property to the Arkansas Highway Department and the City Clerk is hereby authorized and directed to attest said Deed and to deliver same to the Arkansas Highway Department upon full payment of the purchase prices set out in Section 1 hereof. SECTION 3 . This Resolution shall be in full force and effect from and after its adoption. ADOPTED: February 17, 1976 ATTEST: APPROVED: ` City Clerk Mayo Exhibit "A" R/;: S-1-65 J03 NAME East Belt Freeway TRACT 131-A JOB 60027 FAPs CERT. 153 FAP f1 MM-011-1( 3) CONTRACT TO SELL Little Rock City Hall Grantor City of Little Rock, Arkansas Address Little Rock, Arkansas Mr. Cnarles ulctnam - Real Estate Officer Grantee: ARKANSAS STATE HIGHWAY COMMISSION IN CONSIDERATION of the benefits that will inure to the Grantor(a) and/or to the public the undersigned, hereby give and grant to the Arkansas State Highway Commission, an agency of the State of Arkansas, upon the terms and conditions hereinafter stated, the "Contract to Sell", including the right to purchase the following described real estate, save and except the oil and gas only therein and thereunder, situated in the County of State of Arkansas, to wit: LEGAL DESCRIPTION All of Lots 14, 15, 16, 17, 18, 19, 20, 21, 2? and 23 , Block H, Factoria Addition to the City of Little Rock, Arkansas, lying South of the South Right of Way Line of the Little Rock Port Authority Railroad containing 35, 511 square feet, more or less. I I PREAUDITED AND ACCEPTED 1 Prop. Mgr. to Ner.t. PAYMENT DUE $ '2OO-QQ (Appraised value offered by the Commission for real estate, including damages, if any, to the remainder: to bq paid after approval of title and execution of a deed as hereinafter provided. ) The Commission shall have the irrevocable right to exercise the "Contract to Sell" at any time within ninety (90) days from date: and it is agreed that if within the time above specified, the said Commission shall declare its intention to exercise this "Contract to Sell", including the right to purchase the said land, the Grantor(s) will execute and sign a Warranty Deed when presented by the Commission and receive payment of the stated "Payment Due: from the said Commission, less any amount that may be found due and payable to any mortgagee. It is expressly understood that the said Commission shall not be obligated further unless stated herein to wit: It is understood and agreed that closing costs will not accrue to the Grantor(s) as the Grantee' s Attorney will prepare the necessary documents for closing and the Grantee will pay the cost of recording all instruments conveying title to the Arkansas State Highway Commission. Grantor(s) further agree neither to sell nor encumber the said real estate during the term of this "Contract to Sell". The Commission shall have the right to enter upon and take possession of the said property upon the execution and acceptance of this Contract to Sell, but entry • upon said premises for the purpose of inspection or survey or any slight or inadvertent entry without material damage or injury to the realty or without the exercise of dominion thereover to the exculsion of the undersigned, shall not be .construed as a final election to close this contract. No statement, expressions of opinion or representations of any nature whatsoever, not herein expressly stated, made by any representative or agent of 0 the State Highway Department shall be binding on, or of any effect against, the State or the Arkansas State Highway Commission. All claims for damage, injury, or loss on account of failure to close this "Contract to Sell" are, hereby, expressly waived. The Arkansas State Highway Commission is hereby authorized and directed to make payment of the purchase funds for the conveyance to Dated this day of , 197 (SEAL) (SEAL) (SEAL) (SEAL) 2N I , A C K N O W L E D G M E N T STATE OF ) ) SS I COUNTY OF ) BE IT RDI ;EKED, that on this day came before the undersigned, a Notary Public, within and for the County Aforesaid, duly commissioned 4 and acting. to me well known as the Grantor in the foregoing Instrument and stated that had executed the same for the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public on this day of , 197 NOTARY PUBLIC MY COMMISSION EXPIRES: 4 • Exhibit " B" R/W 8-1-65 JOB NAME East Belt Freeway TRACT JOB FAP: CERT. CONTRACT TO SELL Little hock City Hall Grantor City of Little hock, _.rkari o ; Address Little Rock, Arkansas, • Grantee: ARKANSAS STATE HIGHWAY COMMISSION IN CONSIDERATION of the benefits that will inure to the Grantor(s) and/or to the public the undersigned, hereby give and grant to the Arkansas State Highway Commission, an agency of the State of Arkansas, upon the terms and conditions hereinafter stated, the "Contract to Sell", including the right to purchase the following described real estate, save and except the oil and gas only therein and thereunder, situated in the County of T , n1 , State of Arkansas, to wit: LEGAL DESCRIPTION All of Lot 12, Block G, Factoria Addition to the City of Little Rock, Arkansas, lying North of the North right of way line of Little Rock Port Authority road containing '250 square feet, more or less. PREAUDITED AND ACCEPTED 1 Prop. Mgr. to Negot. By: Date 12/bk PAYMENT DUE $ cC).nil (Appraised value offered by the Commission for real estate, including damages, if any, to the remainder: to bq paid after approval of title and execution of a deed as hereinafter provided.) The Commission shall have the irrevocable right to exercise the "Contract to Sell" at any time within ninety (90) days from date: and it is agreed that if within the time above specified, the said Commission shall declare its intention to exercise this "Contract to Sell", including the right to purchase the said land, the Grantor(s) will execute and sign a Warranty Deed when presented by the Commission and receive payment of the stated "Payment Due: from the said Commission, less any amount that may be found due and payable to any mortgagee. It is expressly understood that the said Commission shall not be obligated further unless stated herein to wit: It is understood and agreed that closing costs will not accrue to the Grantor(s) as the Grantee' s Attorney will prepare the necessary documents for closing and the Grantee will pay the cost of recording all instruments conveying title to the Arkansas State Highway Commission. Grantor(s) further agree neither to sell nor encumber the said real estate during the term of this "Contract to Sell". The Commission shall have the right to enter upon and take possession of the said property upon the execution and acceptance of this Contract to Sell, but entry • upon said premises for the purpose of inspection or survey or any slight or inadvertent entry without material damage or injury to the realty or without the exercise of dominion thereover to the exculsion of the undersigned, shall not be ,construed as a final election to close this contract. No statement, expressions of opinion or representations of any nature whatsoever, not herein expressly stated, made by any representative or agent of the State Highway Department shall be binding on, or of any effect against, the State or the Arkansas State Highway Commission. All claims for damage, injury, or loss on account of failure to close this "Contract to Sell" are, hereby, expressly waived. The Arkansas State Highway Commission is hereby authorized and directed to make payment of the purchase funds for the conveyance to • Dated this day of , 197 (SEAL) (SEAL) (SEAL) (SEAL) 2NI A C K N O W L E D G M E N T STATE OF ) ) SS COUNTY OF ) BE IT RN N sERED, that on this day came before the undersigned, a Notary Public, within and for the County Aforesaid, duly commissioned and acting. to me well known as the Grantor in the foregoing Instrument and stated that had executed the same for the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public on this day of , 197 NOTARY PUBLIC MY COMMISSION EXPIRES: