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HomeMy WebLinkAbout15078 I RESOLUTION NO. 15,078 2 3 A RESOLUTION TO TRANSFER TITLE TO BRITTANY HOBBS VIA 4 QUITCLAIM DEED FOR PROPERTY SOLD BY THE CITY OF LITTLE 5 ROCK, ARKANSAS, TO BE USED FOR NEIGHBORHOOD 6 REVITALIZATION PROGRAMS; AND FOR OTHER PURPOSES. 7 8 WHEREAS, the Board of Directors has stated as one of its goals a desire to provide for 9 neighborhood revitalization, and has taken special efforts to accomplish this goal through its use of 10 various City and Federal Funds, and in affirmative actions such as the creation of a Land Bank 11 Commission;and, 12 WHEREAS, in order to accomplish this goal is it required that properties be obtained and sold by the 13 City in areas that are appropriate for revitalization;and, 14 WHEREAS, Brittany Hobbs has indicated a desire to purchase the properties located at 1011 South 15 Woodrow Street, 1021 South Woodrow Street & 2818 West 11th Street, from the City of Little Rock, 16 Arkansas; and, 17 WHEREAS, the City wishes to sell the properties for use in its neighborhood revitalization efforts; 18 and, 19 WHEREAS, City Staff has conducted a title search of the property which revealed valid title to the 20 property and no significant title issues; and, 21 WHEREAS, the City has performed an environmental assessment of the property pursuant to 24 22 C.F.R. § 58,et seq.(2003),which revealed no environmental problems;and, 23 WHEREAS, in consideration for Seven Thousand, Five Hundred Dollars ($7,500.00), the City will 24 sell the properties for the public purpose of neighborhood revitalization,and, 25 WHEREAS, The City of Little Rock will provide Brittany Hobbs with a Quitclaim Deed to the 26 properties, attached as Quitclaim Deed and to include stipulations set forth in the attached agreement, 27 labeled Exhibit A and Offer and Acceptance, labeled Exhibit B; and, 28 WHEREAS, Arkansas State Law requires that the City sell the property by resolution adopted by the 29 Board of Directors. 30 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 31 OF LITTLE ROCK,ARKANSAS: 32 Section 1. The Board of Directors hereby provides a Quitclaim Deed to the properties described as 33 1011 South Woodrow Street, 1021 South Woodrow Street& 2818 West 11th Street, in favor of Brittany 34 Hobbs. 'Page 1 of 111 1 Section 2.The property will be used for a private purpose to serve the public, specifically to improve 2 City Revitalization Programs. 3 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 4 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 5 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 6 effect a if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 7 ordinance. 8 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with 9 the provisions of this resolution are hereby repealed to the extent of such inconsistency. 10 ADOPTED. October 15,2019 11 4 u1 APPROVED: 12 « lk1� 13 �aiati -A- k-ry 14 Susan I s Clerk Frank Scott,Jr.,MayoY 15 APPRI O LEGAL FORM: 16 17 18 Thomas M�Carpenter,(:ity At rney 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // 36 lenge 2 of ill 1 Exhibit A 2 3 Prepared By: 4 Shawn A. Overton, Deputy City Attorney 5 City of Little Rock 6 500 West Markham Street 7 Little Rock, AR 72201 8 Representative: 9 Ruby E. Dean, Redevelopment Administrator—Land Bank 10 11 QUITCLAIM DEED 12 13 The City of Little Rock, Arkansas, a municipal corporation, GRANTOR, (defined as the "Grantor"'), 14 for and in consideration of the sum of Four Thousand Dollars ($4,000.00) and other good and valuable 15 consideration paid by Brittany Hobbs, an individual, (defined, as the "Grantee(s)"). whose tax mailing 16 address is located at 2019 Gaines Street. Little Rock, AR 72206, does grant a Quitclaim Deed to 17 Grantee(s) and their applicable heirs, beneficiaries, administrators, executor, successors, and assigns the 18 following parcels of real property (defined as the "Property"), so long as Grantee(s) abide by all 19 provisions described in this Quitclaim Deed,but subject to: 20 (i) all previously recorded right(s), restriction(s), condition(s), covenant(s), reservation(s), 21 easement(s),servitude(s), and other applicable matter(s) in the Property's chain-of-title; 22 (ii) Grantor's reservation of easement rights for the benefit and necessity of any public 23 utilities located in, on. over, under, or through the Property as of the execution date of this 24 Quitclaim Deed; 25 (iii)Grantor's reversionary rights; 26 (iv)all applicable zoning and building laws and ordinances; 27 (v)all taxes and assessments not yet due and payable; 28 (vi) all matters that would disclosed by an accurate survey of the Property; 29 (vii) any license(s), permit(s), authorization(s),or similar item(s)related to any activity on the 30 Property; 31 (viii) Grantor's reservation and reassertion of all existing or previously recorded or platted 32 easement(s), reservation(s), condition(s), restriction(s), right-of-way(s), highway(s), or other 33 right(s) in the Property's chain-of-title for Grantor's benefit, unless otherwise specifically 34 released by Grantor in a separate instrument of record in the Property's chain-of-title; 35 (ix)all provisions described in this Quitclaim Deed; 36 (x) all provisions described in Grantee(s) Application to Purchase Land Bank Property for 37 Renovation and New Construction or Application for Yard Expansion and Vacant Lot Purchase, 38 or both(defined,collectively, as the"Applications'); and, [Page 3 of l l l 1 (xi) all provisions described in the Offer and Acceptance(defined as the"Agreement," which 2 is described in, Exhibit A, and fully incorporated for reference as if rewritten). 3 4 LEGAL DESCRIPTION 5 Property is situated in the State of Arkansas,County of Pulaski,City of Little Rock, and further 6 being described hereof 7 Roots& Coy's 85'^Ft of 11; more commonly known as 1021 South Woodrow Street, 8 Little Rock, Arkansas (Parcel No. 34L0450006700); and, Roots & Coy's N 55ft of 9 Lots 1 &2 11,to the City of Little Rock,Pulaski County,Arkansas; more commonly 10 known as 1011 South Woodrow Street , Little Rock, Arkansas (Parcel No. 11 34L0450006600); and, Roots & Coy's S 856 Ft of 2 11; more commonly known as 12 2818 West 11th Street,Little Rock,Arkansas(Parcel No.34L0450006800). 13 14 TERMS&CONDITIONS 15 I. COVENANTS RUNNING WITH THE LAND,SUCCESSORS&ASSIGNS: 16 Grantee(s), except to the extent released by Grantor, agrees all provisions described in this Quitclaim 17 Deed are covenants forever: 18 (i) burdening,benefitting, and running with the land of the Property; and 19 (ii) inuring and binding to the benefit and detriment of Grantor and Grantee(s) and 20 his/her/their/its respective, applicable heirs, beneficiaries, administrators, executors, successors, 21 and assigns. Accordingly, Grantee(s) and his/her/their/its applicable heirs, beneficiaries, 22 administrators, executors, successors, and assigns agree that either Grantee(s) use of the Property 23 or recordation of this Quitclaim Deed are each deemed actions of Grantee{s) acceptance of all 24 provisions described in this Quitclaim Deed. 25 2. REQUIREMENTS& RESTRICTIONS: 26 Grantee(s), in further consideration of Grantor granting the Property to Grantee(s), covenant to 27 perform and abide by the following requirements and restrictions after this Quitclaim Deed' date of 28 execution: 29 2.1 REAL ESTATE TAXES & ASSESSMENTS. For a period of five (5) years, pay all 30 of the Property's Real Property Taxes and assessments becoming due and payable. 31 2.2 DELINQUENCY. Prohibit the Property from suffering any type of delinquency, tax 32 liens,or incur any other associated penalties. 33 2.3 ADVERTISING. Prohibit the construction of any billboards or advertising material on 34 the Property, except for identification signs permitted by Grantor under the Columbus City 35 Graphics Code. I Page 4 of 111 1 2.4 UNLAWFUL ACTIVITY. Prohibit the occurrence of any unlawful activity on the 2 Property. 3 3. DEFAULT.REVERSION&IMPROVEMENT(S): 4 3.1 DEFAULT.Grantee(s), in addition to the provisions described in this Quitclaim Deed, 5 is required to perform and adhere to all of the provisions described: 6 (i) in Grantee(s) completed Applications that Grantee(s) submitted to Grantor, which 7 Grantor relied upon the Applications to execute this Quitclaim Deed granting the Property to 8 Grantee(s); and 9 (ii) the Agreement executed between Grantor and Grantee(s), which Grantor also relied upon 10 the Agreement to execute this Quitclaim Deed granting the Property to Grantee(s). Accordingly. 11 Grantee(s) default if Grantee(s) (a) violate any one or more of the provisions contained in this 12 Quitclaim Deed, Applications, or Agreement, and (b) fail to cure the default within thirty (30) 13 days after Grantor's written notice of the default to Grantee(s). 14 3.2 REVERSION. Grantor expressly reserves to itself a reversionary interest in the 15 Property in the event or a default by Grantee(s) of any provisions contained in this Quitclaim 16 Deed, Applications, or Agreement. Upon Grantee(s) default of any provisions described in this 17 Quitclaim Deed, Applications, or Agreement but at Grantor's sole option and discretion. Grantor 18 reserves the rights to: 19 (i) enter the Property; 20 (ii) take possession of the Property; and 21 (iii) revest the Property in the name of Grantor by executing and recording an "Affidavit on 22 Facts Relating to Title" of record in the Property's chain-of-title giving public notice of the 23 Property's reversion to Grantor. Grantee(s), upon Grantor's notice to Grantee(s) of Grantee(s) 24 default of any provisions described in this Quitclaim Deed, Applications, or Agreement is 25 required to execute and deliver a recordable deed instrument of conveyance to Grantor, as 26 approved by the City of Little Rock City Attorney, confirming and perfecting the Property's 27 reversion to Grantor in addition to the affidavit described in this section. 28 FURTHER, the Grantor covenants with the Grantee completed construction for the property 29 that will make the property safe and in code compliant condition in at least two (2) years from 30 closing. Failure to complete construction for the property that will make the property safe and in 31 code compliant condition in at least two (2)years from closing shall cause the property to revert 32 to the Grantor at no cost. 33 3.3 IMPROVEMENT(S). Grantee(s) agree that any improvement(s) on the Property 34 immediately attach and become part of the Property; however. in the event Grantor exercises its 35 reversionary rights, Grantor's revesting of title in the Property is subject and does not defeat, [Page 5 of 111 1 invalidate, or limit the lien of any mortgage(s) financing the construction of any improvement(s) 2 on the Property during Grantee(s) ownership or the Property. In the event Grantor exercises its 3 reversionary rights to the Property,then: 4 (i) all rights, title, interest, and estate to any improvement(s) on the Property immediately 5 vests with Grantor;and 6 (ii) Grantee(s) will be prohibited from possessing any rights or claims against Grantor for 7 contribution, compensation, or reimbursement for any of the improvement(s) on the Property 8 during Grantee(s)ownership of the Property. 9 4. RESERVATIONS: 10 Grantor conveys the Property subject to any previously recorded or platted right(s), I l restriction(s), condition(s), covenant(s), reservation(s), easement(s), highway(s), right-of-way(s), 12 and other applicable matter(s) in the Property's chain-of-title. Additionally, Grantor forever 13 reserves and reasserts to itself: 14 (i) any existing public right-of-way(s)and highway(s)on the Property; 15 (ii) all previously recorded or platted easement(s) reservation(s), condition(s), restriction(s), 16 right-of-way(s), highway(s), or other right(s) benefitting Grantor but predating Grantor's present 17 ownership of the Property, unless otherwise specifically released by Grantor in a separate 18 instrument of record in the Property's chain-of-title;and 19 (iii)easement rights for the benefit and necessity of all existing public utilities located in, on, 20 over, under,or through the Property as of the execution date of this Quitclaim Deed. 21 5. RELEASE: 22 Pursuant to the ordinance authorizing Grantor to execute this Quitclaim Deed, and in order to 23 ensure compliance with the Land Bank Program, Grantor's Director of Housing and 24 Neighborhood Programs is authorized to execute and deliver a recordable instrument, as 25 approved by the Little Rock City Attorney, releasing the Property from the operation of certain 26 restrictive provisions described in this Quitclaim Deed only upon: 27 (i)Grantee(s) written request to Grantor; and 28 (ii) Grantor's written approval of Grantee(s) satisfaction of all provisions described in this 29 Quitclaim Deed, Applications, and Agreement. 30 6. RIGHTS&REMEDIES: 31 Grantor is entitled to the injunctive relief described in this section in addition to any other 32 relief Grantor is entitled, included but not limited to specific performance of any provision of this 33 Quitclaim Deed, without the necessity of proving either actual damages or the inadequacy of 34 otherwise available legal remedies. Grantor, where injunctive relief or specific performance does 35 not appropriately remedy Grantor, is entitled to recover damages from Grantee(s)for the violation [Page 6 of III I of any provision of this Quitclaim Deed. Grantor, in its sole discretion but without limiting 2 Grantee(s) respective liabilities or rights under this Quitclaim Deed, is permitted to apply any 3 damages recovered to the costs of undertaking any corrective action under this Quitclaim Deed. 4 Furthermore, Grantee(s) is responsible for all costs incurred by Grantor in enforcing the 5 provisions of this Quitclaim Deed against Grantee(s), including but not limited to costs and 6 expenses of suit and attorney's fees. Grantor's remedies described in this section are cumulative 7 and are in addition to any present or future remedies existing at law or in equity. 8 7. NON-WAIVER: 9 Grantor or Grantee(s) failure or refusal to exercise any rights described in this Quitclaim 10 Deed is not a waiver of any rights Grantor or Grantees) possess to enforce the other party's 11 obligations through any rights and remedies Grantor or Grantee(s) has at law or in equity for the 12 enforcement of the other party's obligations. Accordingly, no waiver of any kind is valid against 13 Grantor or Grantee(s)unless: 14 (i)reduced to writing; 15 (ii) and executed and approved by Grantor or Grantee(s) authorized representatives and 16 authority; and 17 (iii)recorded in the Property's chain-of-title. 18 8. SEVERABILITY: 19 The remaining provisions of this Quitclaim Deed will be unaffected and remain valid and 20 enforceable to the full extent permitted by law in the event and for any reason any provision of 21 this Quitclaim Deed is held invalid or unenforceable under applicable law. 22 23 GRANTOR'S EXECUTION 24 25 Grantor, City of Little Rock, Pulaski County, Arkansas, a municipal corporation, by its authorized 26 representative, Frank Scott,Jr., Mayor of the City of Little Rock, Arkansas, pursuant to authority granted 27 by City of Little Rock, Board of Directors, does voluntarily acknowledge this Quitclaim Deed on behalf 28 of Grantor on the effective date below. 29 30 City of Little Rock,GRANTOR 31 500 West Markham Street 32 Little Rock,Arkansas 72201 33 34 35 By: Frank Scott,Jr.,Mayor 36 City of Little Rock,Arkansas 37 [Page 7 of III I ACKNOWLEDGEMENT 2 3 STATE OF ARKANSAS) 4 DSS 5 COUNTY OF PULASKI) 6 7 On this day came before me, the undersigned, a Notary Public within and for the County and State 8 aforesaid,duly commissioned and acting personally appeared, Frank Scott,Jr., Mayor of the City of Little 9 Rock, Arkansas, known to me as the duly appointed agent for the Grantor in the foregoing Deed, and 10 acknowledged that he has executed the same for the consideration and purposes therein mentioned and set 11 forth. 12 WITNESS my hand and seal as such Notary Public this day of ,2019. 13 14 15 Notary Public 16 17 18 My Commission expires: 19 20 21 Brittany Hobbs 22 2019 South Gaines Street 23 Little Rock,AR 72206 24 25 26 By: Brittany Hobbs 27 28 On this day came before me, the undersigned, a Notary Public within and for the County and State 29 aforesaid, duly commissioned and acting personally appeared, Brittany Hobbs known to me as the 30 Grantee in the foregoing Deed, and acknowledged that they have executed the same for the consideration 31 and purposes therein mentioned and set forth. 32 WITNESS my hand and seal as such Notary Public this day of ,2019. 33 34 35 Notary Public 36 37 38 My Commission expires: [Page 8 of III 1 DOCUMENTARY TAX STATEMENT 2 3 I certify under penalty of false swearing that the legally correct amount of documentary stamps have 4 been placed on this instrument.(If none shown,exempt or no consideration paid.) 5 6 City of Little Rock 7 500 West Markham Street,Suite 120W 8 Little Rock,Arkansas 72201 9 10 11 By: Ruby E.Dean,Redevelopment Administrator 12 13 14 ACKNOWLEDGEMENT 15 STATE OF ARKANSAS) 16 ))SS 17 COUNTY OF PULASKI) 18 19 On this day came before me, the undersigned, a Notary Public within and for the County and State 20 aforesaid, duly commissioned and acting personally appeared, Ruby E. Dean, Redevelopment 21 Administrator,City of Little Rock, Arkansas. 22 WITNESS my hand and seal as such Notary Public this day of 2018. 23 24 25 Notary Public 26 27 My Commission expires: 28 29 30 31 32 33 34 35 36 37 [Page 9 of 111 1 Exhibit B 2 3 OFFER AND ACCEPTANCE 4 5 The undersigned,Brittany Hobbs, 2019 South Gaines Street, Little Rock, Arkansas 72206 6 1. Herein called the "Buyer(s)" offer(s) to buy, subject to the terms set forth herein, the following 7 properties from The City of Little Rock, 500 West Markham Street, Suite 120W, Little Rock, AR 8 72201, herein called the"Seller(s)". 9 Roots& Coy's 85s Ft of 11; more commonly known as 1021 South Woodrow Street, 10 Little Rock,Arkansas(Parcel Number 34L0450006700). 11 And, 12 Roots & Coy's N 55ft of Lots 1 & 2 11, to the City of Little Rock,Pulaski County, 13 Arkansas; more commonly known as 1011 South Woodrow Street, Little Rock, 14 Arkansas Parcel Number is 34L0450006600). 15 And, 16 Roots & Coy's S 85's Ft of 2 11; more commonly known as 2818 West ll'h Street, 17 Little Rock,Arkansas(Parcel Number 34L0450006800). 18 2. The Buyer(s)will pay Four Thousand Dollars ($4,000.00) for the property, Zero Dollars ($0.00) as a 19 down paymentleamest money and the balance of Four Thousand Dollars ($4,000.00) as follows: 20 Check at closing. 21 3. Special Conditions: 22 • Approval by Land Bank Commission 23 • Approval by Little Rock City Board of Directors 24 • Additional Stipulations: Deed Restriction detailed in Deed 25 I.The Land Bank to pay the City's closing costs 26 2. Buyer to pay buyers closing costs 27 4. Conveyance shall be made to Buyer(s), or as directed by Buyer(s), by Quitclaim Deed except it shall 28 be subject to recorded restrictions and easements, if any. 29 5. The owner(s) of the above property, hereinafter called Seller(s), shall furnish at Seller's cost an 30 owner's policy reflecting merchantable satisfactory to Buyer(s)and/or the Buyer's attorney, Seller(s) 31 shall have a reasonable time after acceptance within which to furnish title insurance. If objections are 32 made to title, Seller(s)shall have a reasonable time to meet the objections or to furnish title insurance. 33 6. Buyer herewith tenders Zero Dollars($0.00)as earnest money,to become part of purchase price upon 34 acceptance. This sum shall be held by Buyer(s)/Agent/Title Company and if offer is not accepted or if 35 title requirements are not fulfilled, it shall be promptly returned to Buyer(s). If after acceptance, Page 10 of Il l 1 Buyer(s) fail to fulfill his/her/their obligation(s),the earnest money may become liquidated damages, 2 which fact shall not preclude Seller(s)or Agent from asserting other legal rights which they may have 3 because of such breach. 4 7. Taxes and special assessments, due on or before the closing date shall be paid by the Seller(s). 5 Current general taxes and special assessments shall be pro-rated as of closing date based upon the last 6 tax statement. Insurance, interest and rental payments shall be pro-rated as of closing date. 7 8. Seller(s) shall vacate the property (if applicable) and deliver possession to Buyer(s) on or before one 8 (1)-day after the closing date. Seller(s)agree to pay rent to Buyer(s)of$N/A per day until possession 9 is given after the closing date if applicable. 10 9. Buyer(s) certifies that he or she has/they have inspected the property and he or she is /they are not 11 relying upon any warranties, representations or statements of the Seller(s)/Agent as to age or physical 12 condition of improvements. The risk of loss or damage to the property by fire or other casualties 13 occurring up to the time of transfer of title on the closing date is assumed by the Seller(s). 14 10. The closing date shall be on or before December 2019. 15 16 17 18 Brittany Hobbs Ruby E. Dean,Redevelopment Administrator 19 (Buyer) City of Little Rock Land Bank 20 (334)220-8073 (Representative of Seller) 21 rdean@littlerock.gov 22 (501)371-4848 23 24 25 26 Date Date 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // 36 // 37 // 38 // 39 // [Page 11 0111)