HomeMy WebLinkAbout8904RESOLUTION NO. 8,904
A RESOLUTION ACCEPTING A DEDICATION
OF LAND BY A.P. GREEN INDUSTRIES,
INC. FOR A MUNICIPAL LANDFILL, AND
TO ACKNOWLEDGE THE CITY'S
APPRECIATION OF THE DEDICATION.
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WHEREAS, the City of Little Rock is planning to construct a
new landfill for municipal solid waste in the vicinity of. Arch
Street, Dixon Road and Ironton Cutoff in southeast Pulaski
County; and
WHEREAS, the City has operated landfills in this area
continuously since 1970; and
WHEREAS, the City is planning the new facility in order to
remain in compliance with state and federal laws; and
WHEREAS, A.P. Green Industries, Inc. ("'Green") has offered
to dedicate approximately 109 acres of its land to the City for
a municipal landfill; and
WHEREAS, in consideration for the lands acquired by the
City, the City assumes the obligations of Green to restore the
natural contours and revegetate the surface of these lands,
formally used for open pit mining by Green; and
WHEREAS, a Phase I Environmental Assessment prepared for
the City provides reasonable certainty that there are no
environmental concerns to be addressed by the acceptance of this
dedication, and
WHEREAS, the City wishes to accept the dedication and to
express its gratitude to Green for its generosity and support by
its dedication of land for the landfill.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The City of Little Rock hereby accepts the
dedication of approximately 109 acres in southeast Pulaski
County for the purpose of its use as a municipal solid waste
landfill.
ADOPTED: May 4, 1993
• DA. 10 '• .
4- -- — -
SE MASON, JR.
AYOR
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This Agreement is entered into on this 46b day of AFprrl,
1993, by and between A. P. Green Industries, Inc., a Delaware
corporation, hereinafter referred to a "Greene, and the City of
Little Rock, an Arkansas municipal corporation, hereinafter
referred to as "Citye.
WITNESSETH
WHEREAS, Green owns property in the vicinity of Ironton
Road which was formerly used by Green for an open pit mining
operation and is no longer needed for that purpose; and
WHEREAS, the City of Little Rock desires to acquire said
property from Green in order to plan and construct a new
landfill for the disposal of municipal solid waste and
appurtenant uses; and
WHEREAS, Green has agreed to immediately dedicate a tract
of its land to the City for landfill purposes, and to dedicate
in the future an additional tract of land when it is no longer
needed for mining purposes, and
WHEREAS, the mining operations of Green have left
excavations and spoils on said lands which Green is obligated to
restore to natural contours and reestablish vegetation; and
WHEREAS, as consideration for the lands acquired by the
City, the City will assume, subject to the approval of the
Arkansas Department of Pollution Control and Ecology, the
obligations of Green under its mining permit to restore the
natural contours and revegetate the surface of the lands, by
constructing and operating a landfill which will accomplish the
restoration and vegetation.
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NOW, THEREFORE, in consideration of the mutual benefits
accruing to the parties herein, and in consideration of the
covenants, representations and warranties described herein,
Green and City agree as follows:
1. Commensurate with the execution and delivery of this
Agreement, Green will execute, acknowledge and deliver to the
City a Dedication Deed in a form prepared by or acceptable to
the City Attorney, conveying the land described in Exhibit "A"
attached and hereinafter referred to as "Tract A ".
2. Tract A shall be used by the City for a municipal solid
waste disposal facility and appurtenant uses. Approximately 35
acres of Tract A have been affected by mining operations since
the effective date Act No. 236 of 1971. This acreage is covered
by Green's mining permit and related reclamation obligations.
The City shall immediately make application to the appropriate
governmental agency to assume the restoration and reclamation
obligations of Green on Tract A as part of the City's planned
landfill facility.
3. Green also owns a tract of land five hundred sixty feet
(5601) N -S by six hundred eighty -five feet (6851) E -W, which is
located along the north boundary of Tract A. The 560' x 685'
tract is hereinafter referred to as "Tract B ".
4. Tract B is retained by Green for the purpose for mining
operations which may be commenced by Green in the future. Green
may dedicate Tract B to the City for landfill purposes when
Tract B is no longer needed by Green for mining operations. The
City acknowledges that Green may perform future permitted mining
activity on Tract B adjacent to the property line of Tract A,
and City consents to said activity.
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5. A body of water is located on Tract A immediately south
and west of Tract B. This body of water will be used by the City
in its existing state for detention of stormwater runoff from
the solid waste facility planned for operation on Tract A.
6. When Green commences mining excavation on Tract B, it
will be necessary for the City to drain water from the
stormwater detention pond to prevent leakage into Green's mining
excavation. It is hereby agreed by the parties that a minimum of
two (2) year's notice shall be provided to the City by Green of
Green's intent to commence mining excavation of Tract B, in
order to allow the City sufficient time to properly design and
construct a replacement stormwater detention pond at a location
which will not cause drainage into Green's mining operations.
This two -year notice shall be in writing and shall be sent to
the Director of the Department of Public Works of the City.
7. Nothing in this Agreement shall be construed to prevent
City from designing and constructing a replacement stormwater
detention pond prior to receiving notice of Green's intent to
commence mining of Tract B. Further, nothing in this Agreement
shall be construed to obligate Green to commence mining
excavation of Tract B. Green may dedicate Tract B to the City at
an indefinite time in the future when Green has completed mining
operations on Tract B, or otherwise when Green desires to
relinquish ownership and control of Tract B.
8. Green represents and warrants to City as follows:
a. Green is the owner of all record and beneficial
right, title and interest in and to Tract A, less and
except such interest in mineral rights which has been
disclosed to City.
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b. Green has no knowledge of actual or contingent
environmental liabilities, and no knowledge of facts
and circumstances that may give rise to future
litigation concerning Tract A.
9. The City represents and warrants to Green as follows:
a. The City has been given the opportunity to conduct
an environmental assessment of Tract A and has
conducted such an assessment;
b. The City accepts the Tract A dedication in its
existing condition.
IN WITNESS WHEREOF, the parties hereunto have set their
hands and seal on the date first above written.
CITY OF LITTLE ROCK
By:
Charles is erson
City Manager
A. P. GREEN INDUSTRIES, INC.
Title:
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TRACT A
Commencing at the NE corner of the SE 1/4, SE 1/4,
Section 9, T, 71 -S, R -12 -W; thence N 891 40' E
898.28 feet, thence N 20 11' 11" E 1,301.0 feet;
thence N 890 34" 33" E 376.44 feet; thence N 20
071 28" E 863.0 feet; thence West 1,200 feet;
thence South 560 feet; thence West 685 feet,
thence North 560 feet; thence West 1,375 feet more
or less to the East boundary of the W 1/2 of the SW
1/4 NE 1/4 of said Section 9; thence South along
said East boundary 800 feet to the North line of
the NW 1/4 SE 1/4 of said Section 9; thence N 890
09' 38" E 333.2 feet; thence S 540 O1' 22" E 390.7
feet; thence S 20 17' 35" W 136.5 feet, thence S
430 40' E 1,347 feet to the North line of the SE
1/4 SE 1/4 of said Section 9; thence S 890 46' 36"
E 339.0 feet to the point of beginning, containing
109.4 acres more or less.
EXHIBIT "A"
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