HomeMy WebLinkAbout15155 1 RESOLUTION NO. 15,155
2
3 A RESOLUTION TO DONATE TITLE TO PROPERTIES TO ODISTENE
4 FULLER AND DANA FULLER VIA QUITCLAIM DEED FOR
5 PROPERTIES DONATED BY THE CITY OF LITTLE ROCK,
6 ARKANSAS, TO BE USED FOR NEIGHBORHOOD REVITALIZATION
7 PROGRAMS; AND FOR OTHER PURPOSES.
8
9 WHEREAS, the Board of Directors has stated as one of its goals a desire to provide for
10 neighborhood revitalization, and has taken special efforts to accomplish this goal through its use of
II various City and Federal Funds, and in affirmative actions such as the creation of a Land Bank
12 Commission; and,
13 WHEREAS, in order to accomplish this goal is it required that properties be obtained and sold by the
14 City in areas that are appropriate for revitalization; and,
15 WHEREAS, Odistene Fuller& Dana Fuller has indicated a desire to purchase from the City of Little
16 Rock for the property located at 8312 Colonel Glenn Road; and,
17 WHEREAS,the City wishes to accept the property for use in its neighborhood revitalization efforts;
18 and,
19 WHEREAS, City Staff has acquired the property through a donation and no significant title issues;
20 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 donation of the property for the public purpose of neighborhood
24 revitalization;and,
25 WHEREAS, The City of Little Rock will provide with a Quitclaim Deed to the properties, attached
26 as Quitclaim Deed, labeled Exhibit A, and to include stipulations set forth in the attached agreement,
27 labeled Exhibit B; and,
28 WHEREAS,Arkansas State Law requires that the City transfer the property by resolution adopted by
29 the 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 will donate properties by quitclaim deed described as 8312
33 Colonel Glenn Road in favor of Odistene Fuller and Dana Fuller.
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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: February 4,2020
11 ' - � APPROVED:
12
13 oma'._
14 Sus: p. City Clerk Scott,Jr.,Ma
15 APP . • S TO LEGAL FORM:
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17 ar'---,-
18 Thomas M. Carpenter,City Attorn 4
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(Page 2 of III
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 (Donation by Government Agency)
13
14 The City of Little Rock, Arkansas, a municipal corporation, GRANTOR, (defined as the "Grantor"'),
15 for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration
16 paid by Odistene Fuller and Dana Fuller, individuals, Grantee, whose tax mailing address is located at 5
17 Langston Court, Little Rock, Arkansas 72209, does grant a Quitclaim Deed to Grantee(s) and their
18 applicable heirs, beneficiaries, administrators, executor, successors, and assigns the following parcels of
19 real property(defined as the "Property"). so long as Grantee(s) abide by all provisions described in this
20 Quitclaim Deed, but subject to:
21 (i) all previously recorded right(s), restriction(s), condition(s), covenant(s), reservation(s),
22 easement(s), servitude(s),and other applicable matter(s) in the Property's chain-of-title;
23 (ii) Grantor's reservation of easement rights for the benefit and necessity of any public
24 utilities located in, on, over, under. or through the Property as of the execution date of this
25 Quitclaim Deed:
26 (iii)Grantor's reversionary rights;
27 (iv)all applicable zoning and building laws and ordinances;
28 (v)all taxes and assessments not yet due and payable;
29 (vi)all matters that would disclosed by an accurate survey of the Property:
30 (vii)any license(s), permit(s),authorization(s), or similar item(s) related to any activity on the
31 Property;
32 (viii) Grantor's reservation and reassertion of all existing or previously recorded or platted
33 easement(s), reservation(s), condition(s), restriction(s), right-of-way(s), highway(s), or other
34 right(s) in the Property's chain-of-title for Grantor's benefit, unless otherwise specifically
35 released by Grantor in a separate instrument of record in the Property's chain-of-title;
36 (ix) all provisions described in this Quitclaim Deed;
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(x) all provisions described in Grantee(s) Application to Purchase Land Bank Property for
2 Renovation and New Construction or Application for Yard Expansion and Vacant Lot Purchase,
3 or both(defined, collectively, as the"Applications"); and
4 (xi)all provisions described in the Offer and Acceptance (defined as the"Agreement," which
5 is described in. Exhibit A, and fully incorporated for reference as if rewritten).
6
7 LEGAL DESCRIPTION
8 Property is situated in the State of Arkansas,County of Pulaski. City of Little Rock. and further being
9 described hereof.
10 PIKE Subdivision Lot 16-18 Block 4, Legal Description E ''/: 16 & All 17 & 18 EXC
I I 2,095 square-feet, more or less, for right-of-way to the City of Little Rock, Pulaski
12 County, Arkansas, more commonly known as 8312 Colonel Glenn Road, Little
13 Rock,Arkansas (Parcel No. 44L1500003900)
14
15 TERMS& CONDITIONS
16 I. COVENANTS RUNNING WITH THE LAND,SUCCESSORS&ASSIGNS:
17 Grantee(s), except to the extent released by Grantor, agrees all provisions described in this Quitclaim
18 Deed are covenants forever:
19 (i)burdening, benefitting, and running with the land of the Property; and
20 (ii) inuring and binding to the benefit and detriment of Grantor and Grantee(s) and
21 Iris/her/their/its respective, applicable heirs, beneficiaries. administrators, executors, successors,
22 and assigns. Accordingly, Grantee(s) and his/her/their/its applicable heirs, beneficiaries,
23 administrators, executors, successors, and assigns agree that either Grantee(s) use of the Property
24 or recordation of this Quitclaim Deed are each deemed actions of Grantee{s) acceptance of all
25 provisions described in this Quitclaim Deed.
26 2. REQUIREMENTS& RESTRICTIONS:
27 Grantee(s), in further consideration of Grantor granting the Property to Grantee(s), covenant to
28 perform and abide by the following requirements and restrictions after this Quitclaim Deed' date of
29 execution:
30 2.1 REAL ESTATE TAXES & ASSESSMENTS. For a period of five (5) years, pay all
31 of the Propeny's Real Property Taxes and assessments becoming due and payable.
32 2.2 DELINQUENCY. Prohibit the Property from suffering any type of delinquency, tax
33 liens, or incur any other associated penalties.
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1 2.3 ADVERTISING. Prohibit the construction of any billboards or advertising material on
2 the Property, except for identification signs permitted by Grantor under the Columbus City
3 Graphics Code.
4 2.4 UNLAWFUL ACTIVITY. Prohibit the occurrence of any unlawful activity on the
5 Property.
6 3. DEFAULT.REVERSION& IMPROVEMENT(S):
7 3.1 DEFAULT. Grantee(s), in addition to the provisions described in this Quitclaim Deed,
8 is required to perform and adhere to all of the provisions described:
9 (i) in Grantee(s) completed Applications that Grantee(s) submitted to Grantor, which
10 Grantor relied upon the Applications to execute this Quitclaim Deed granting the Property to
11 Grantee(s); and
12 (ii) the Agreement executed between Grantor and Grantee(s), which Grantor also relied upon
13 the Agreement to execute this Quitclaim Decd granting the Property to Grantee(s). Accordingly.
14 Grantee(s) default if Grantee(s) (a) violate any one or more of the provisions contained in this
15 Quitclaim Deed, Applications, or Agreement, and (b) fail to cure the default within thirty (30)
16 days after Grantor's written notice of the default to Grantee(s).
17 3.2 REVERSION. Grantor expressly reserves to itself a reversionary interest in the
18 Property in the event or a default by Grantee(s) of any provisions contained in this Quitclaim
19 Deed, Applications, or Agreement. Upon Grantee(s) default of any provisions described in this
20 Quitclaim Deed. Applications, or Agreement but at Grantor's sole option and discretion. Grantor
21 reserves the rights to:
22 (i) enter the Property;
23 (ii) take possession of the Property; and
24 (iii) revest the Property in the name of Grantor by executing and recording an "Affidavit on
25 Facts Relating to Title" of record in the Property's chain-of-title giving public notice of the
26 Property's reversion to Grantor. Grantee(s), upon Grantor's notice to Grantee(s) of Grantee(s)
27 default of any provisions described in this Quitclaim Deed, Applications, or Agreement is
28 required to execute and deliver a recordable dccd instrument of conveyance to Grantor, as
29 approved by the City of Little Rock City Attorney, confirming and perfecting the Property's
30 reversion to Grantor in addition to the affidavit described in this section.
31 FURTHER, the Grantor covenants with the Grantee completed construction for the property
32 that will make the property safe and in code compliant condition in at least two (2) years from
33 closing. Failure to complete construction for the property that will make the property safe and in
34 code compliant condition in at least two (2) years from closing shall cause the property to revert
35 to the Grantor at no cost.
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1 3.3 IMPROVEMENT(S). Grantee(s) agree that any improvement(s) on the Property
2 immediately attach and become part of the Property; however. in the event Grantor exercises its
3 reversionary rights, Grantor's revesting of title in the Property is subject and does not defeat,
4 invalidate, or limit the lien of any mortgage(s) financing the construction of any improvement(s)
5 on the Property during Grantee(s) ownership or the Property. In the event Grantor exercises its
6 reversionary rights to the Property,then:
7 (I) all rights, title, interest, and estate to any improvement(s) on the Property immediately
8 vests with Grantor;and
9 (ii) Grantee(s) will be prohibited from possessing any rights or claims against Grantor for
10 contribution, compensation, or reimbursement for any of the improvement(s) on the Property
11 during Grantee(s)ownership of the Property.
12 4. RESERVATIONS:
13 Grantor conveys the Property subject to any previously recorded or platted right(s).
14 restriction(s), condition(s), covenant(s), reservation(s),easement(s), highway(s), right-of-way(s),
15 and other applicable matter(s) in the Property's chain-of-title. Additionally. Grantor forever
16 reserves and reasserts to itself:
17 (i) any existing public right-of-way(s)and highway(s)on the Property;
18 (ii) all previously recorded or platted easement(s) reservation(s), condition(s), restriction(s),
19 right-of-way(s), highway(s), or other right(s) benefitting Grantor but predating Grantor's present
20 ownership of the Property, unless otherwise specifically released by Grantor in a separate
21 instrument of record in the Property's chain-of-title;and
22 (iii)easement rights for the benefit and necessity of all existing public utilities located in,on,
23 over, under, or through the Property as of the execution date of this Quitclaim Deed.
24 5. RELEASE:
25 Pursuant to the ordinance authorizing Grantor to execute this Quitclaim Deed, and in order to
26 ensure compliance with the Land Bank Program, Grantor's Director of Housing and
27 Neighborhood Programs is authorized to execute and deliver a recordable instrument, as
28 approved by the Little Rock City Attorney, releasing the Property from the operation of certain
29 restrictive provisions described in this Quitclaim Deed only upon:
30 (i)Grantee(s) written request to Grantor: and
31 (ii) Grantor's written approval of Grantee(s) satisfaction of all provisions described in this
32 Quitclaim Deed, Applications, and Agreement.
33 6. RIGHTS&REMEDIES:
34 Grantor is entitled to the injunctive relief described in this section in addition to any other
35 relief Grantor is entitled, included but not limited to specific performance of any provision of this
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1 Quitclaim Deed, without the necessity of proving either actual damages or the inadequacy of
2 otherwise available legal remedies. Grantor, where injunctive relief or specific performance does
3 not appropriately remedy Grantor, is entitled to recover damages from Grantee(s)for the violation
4 of any provision of this Quitclaim Decd. Grantor, in its sole discretion but without limiting
5 Grantee(s) respective liabilities or rights under this Quitclaim Deed, is permitted to apply any
6 damages recovered to the costs of undertaking any corrective action under this Quitclaim Deed.
7 Furthermore, Grantee(s) is responsible for all costs incurred by Grantor in enforcing the
8 provisions of this Quitclaim Deed against Grantee(s), including but not limited to costs and
9 expenses of suit and attorney's fees. Grantor's remedies described in this section are cumulative
10 and are in addition to any present or future remedies existing at law or in equity.
11 7. NON-WAIVER:
12 Grantor or Grantee(s) failure or refusal to exercise any rights described in this Quitclaim
13 Deed is not a waiver of any rights Grantor or Grantee(s) possess to enforce the other party's
14 obligations through any rights and remedies Grantor or Grantee(s) has at law or in equity for the
15 enforcement of the other party's obligations. Accordingly, no waiver of any kind is valid against
16 Grantor or Grantee(s) unless:
17 (i) reduced to writing;
18 (ii) and executed and approved by Grantor or Grantees) authorized representatives and
19 authority; and
20 (iii) recorded in the Property's chain-of-title.
21 8. SEVERABILITY:
22 The remaining provisions of this Quitclaim Deed will be unaffected and remain valid and
23 enforceable to the full extent permitted by law in the event and for any reason any provision of
24 this Quitclaim Deed is held invalid or unenforceable under applicable law.
25
26 GRANTOR'S EXECUTION
27 Grantor, City of Little Rock, Pulaski County, Arkansas, a municipal corporation, by its authorized
28 representative, Frank Scott,Jr., Mayor of the City of Little Rock, Arkansas, pursuant to authority granted
29 by City of Little Rock, Board of Directors, does voluntarily acknowledge this Quitclaim Deed on behalf
30 of Grantor on the effective date below.
31 City of Little Rock,GRANTOR
32 500 West Markham Street
33 Little Rock,Arkansas 72201
34
35
36
37 By: Frank Scott,Jr.,Mayor
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1 ACKNOWLEDGEMENT
2 STATE OF ARKANSAS)
3 )) SS
4 COUNTY OF PULASKI)
5
6 On this day came before me, the undersigned, a Notary Public within and for the County and State
7 aforesaid, duly commissioned and acting personally appeared, Frank Scott,Jr., Mayor of the City of Little
8 Rock, Arkansas, known to me as the duly appointed agent for the Grantor in the foregoing Deed, and
9 acknowledged that he has executed the same for the consideration and purposes therein mentioned and set
10 forth.
11 WITNESS my hand and seal as such notary public this day of , 2020.
12
13
14 Notary Public
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17 My Commission expires:
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20 By: Odistene Fuller
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24 By: Dana Fuller
25
26 On this day came before me, the undersigned, a Notary Public within and for the County and State
27 aforesaid, duly commissioned and acting personally appeared, Odistene Fuller and Dana Fuller known to
28 me as the Grantee in the foregoing Deed, and acknowledged that they have executed the same for the
29 consideration and purposes therein mentioned and set forth.
30 WITNESS my hand and seal as such Notary Public this day of ,2020.
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33 Notary Public
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36 My Commission expires:
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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
1 I By: Ruby E.Dean,Redevelopment Administrator
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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.
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25 Notary Public
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27 My Commission expires:
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EXHIBIT B
2
3 OFFER AND ACCEPTANCE
4
5 The undersigned,
6
7 1. Herein called the "Buyer(s)" offer(s) to buy, subject to the terms set forth herein, the following
8 properties from The City of Little Rock, 500 West Markham Street, Suite 120W, Little Rock, AR
9 72201,herein called the"Seller(s)".
10 PIKE Subdivision Lot 16-18 Block 4, Legal Description E % & All 17 & 18 EXC
11 2095 Sq. Ft MOL For R/W, to the City of Little Rock, Pulaski County, Arkansas,
12 more commonly known as 8312 Colonel Glenn Road, Little Rock,Arkansas (Parcel
13 No.44L1500003900).
14 2. The Buyer(s) will pay Twenty-Five Thousand Dollars ($25,000.00) for the property, Zero Dollars
15 ($0.00) as a down payment/earnest money and the balance of Twenty-Five Thousand Dollars
16 ($25,000.00)by check at closing.
17 3. Special Conditions:
18 • Approval by Land Bank Commission
19 • Approval by Little Rock City Board
20 • 1. The Land Bank to pay the Citys closing costs
21 • 2. Buyer to pay buyers closing costs
22 4. Conveyance shall be made to Buyer(s), or as directed by Buyer(s), by Quitclaim Deed except it shall
23 be subject to recorded restrictions and easements, if any.
24 5. The owner(s) of the above property, hereinafter called Seller(s), shall furnish at Seller's cost an
25 owner's policy reflecting merchantable satisfactory to Buyer(s) and/or the Buyer's attorney, Seller(s)
26 shall have a reasonable time after acceptance within which to furnish title insurance. If objections are
27 made to title, Seller(s)shall have a reasonable time to meet the objections or to furnish title insurance.
28 6. Buyer herewith tenders Zero Dollars($0.00)as earnest money, to become part of purchase price upon
29 acceptance. This sum shall be held by Buyer(s)/Agent/Title Company and if offer is not accepted or if
30 title requirements are not fulfilled, it shall be promptly returned to Buyer(s). If after acceptance,
31 Buyer(s) fail to fulfill his/her/their obligation(s), the earnest money may become liquidated damages,
32 which fact shall not preclude Seller(s)or Agent from asserting other legal rights which they may have
33 because of such breach.
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1 7. Taxes and special assessments, due on or before the closing date shall be paid by the Seller(s).
2 Current general taxes and special assessments shall be pro-rated as of closing date based upon the last
3 tax statement. Insurance, interest and rental payments shall be pro-rated as of closing date.
4 8. Seller(s) shall vacate the property (if applicable)and deliver possession to Buyer(s) on or before one
5 (1)-day after the closing date. Seller(s)agree to pay rent to Buyer(s) of$ n/a per day until possession
6 is given after the closing date if applicable.
7 9. Buyer(s) certifies that he or she has/they have inspected the property and he or she is /they are not
8 relying upon any warranties, representations or statements of the Seller(s)/Agent as to age or physical
9 condition of improvements. The risk of loss or damage to the property by fire or other casualties
10 occurring up to the time of transfer of title on the closing date is assumed by the Seller(s).
11 10. The closing date shall be on or before April 2020.
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4 Odistene Fuller/Dana Fuller Ruby E. Dean, Redevelopment Administrator
5 (Buyer) City of Little Rock Land Bank
6 (501)944-7949 (Representative of Seller)
7 rdeannn littlerock.gov
8 (501)371-4848
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