HomeMy WebLinkAbout2579 RESOLUTION NO. 2579
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
INSTRUMENT OFFERING FOR SALE AN EASEMENT TO THE UNITED STATES OF
AMERICA IN CERTAIN LANDS ON THE SOUTH BANK OF THE ARKANSAS RIVER;
AND FOR OTHER PURPOSES.
WHEREAS, the United States of America, operating by and through
the Corp of Engineers, is constructing improvements on the South
Bank of the Arkansas River at or near a place known as Utah Point
adjacent to Rebsamen Park; and
WHEREAS, it is in the best interest that the dikes and revetment
constructed on said property be completed and adequately maintained
in the future; and
WHEREAS, the United States of America desires to purchase a per-
manent and assignable easement according to the terms and conditions
of a Contract herein set out, together with exhibits thereto;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The City of Little Rock does hereby agree to contract
with the United States of America according to the terms and conditions
of a certain contract described in Section 2 hereof for the intents
and purposes stated in said contract.
SECTION 2. The contract granting to the United States of America
the right to purchase a permanent and assignable easement in and to
the property described therein shall be in form and substance as
follows:
.. 4
u• Q• � 4 5 S•: S
f d
DEPARTMENT OF THE ARMY
OFFER TO SELL EASEMENT
Utah Point Dikes & Revetment
Project Arkansas River
Tract Nr. 10E
Contract Nr.
The undersigned, hereinafter called the Vendor, in consideration of the mutual covenants and agree-
ments herein set forth, offers to sell and convey to the UNITED STATES OF AMERICA and its
assigns, a permanent and assignable easement for the purpose set forth in Exhibit B, in, upon, over,
and across that certain tract of kind described in Exhibit A, hereto attached and made parts hereof.
The terms and conditions of this offer are as follows:
(1) The Vendor hereby agrees that this offer may be accepted by the United States, through
any duly authorized representative, by delivering, mailing, or telegraphing a notice of acceptance
to the Vendor at the address stated below, at any time within three (3 ) month(s)
from the date hereof, whereupon this offer and the acceptance thereof become a binding Contract.
(2) The United States agrees to pay to the Vendor for said easement and rights the sum of
Trim RUM= AND NO/I00 DOLLARS ($ 500.00 ),
payable upon acceptance of this offer and approval of the Vendor's title; provided the Vendor can
execute and deliver a good and sufficient general warranty deed conveying said easement and rights
to the United States of America and its assigns, free and clear from all liens, encumbrances, said +:..
conveyance to be subject only to the existing easements and rights set forth in said Exhibit B.
(3) The Vendor agrees to satisfy of record, at or before conveying said easement and rights,
such taxes, assessments, and encumbrances which are a lien against the land, as the United States
may require, and, if the Vendor fails to do so, the United States may pay any taxes, assessments,
and encumbrances which are a lien against the land; that the amount of any such payments by the
United States shall be deducted from the purchase price of the easement; that the Vendor will,at the
request of the United States and without prior payment or tender of the purchase price, execute
and deliver the general warranty deed to the United States conveying the easement and rights herein
described, pay the documentary revenue stamp tax, and obtain and record such other curative
evidence of title as may be required by the United States.
(b) It is agreed that the United States will defray the expenses incident to the preparation 'w#
and recordation of the deed to the United States and the procurement of the necessary title evidence.
(5) The Vendor agrees that the United States may,notwithstanding the prior acceptance of this
offer, acquire title to said easement and rights by condemnation or other judicial proceedings, in
which event the Vendor agrees to cooperate with the United States in the prosecution of such pro-
ceedings;agrees that the consideration hereinabove stated-shall be the full amount of just compensa-
tion, inclusive of interest, for the taking of said easement and rights; agrees that any and all awards
of just compensation that may be made in the proceeding to any defendant shall be payable and
deductible from the said amount; and agrees that the said consideration shall also be in full satis-
faction of any and all claims of the Vendor for the payment of the right of occupancy and use herein-
after provided for in paragraph (6).
EN."'" n
t NOV 5B 2370 (E M IcO5-1—r;lO) REPLACES ENG FORM 100E—R AND All SIMILAR LOCAL FORMS WHICH ARE f /SOLVE
sc,..„...
• s s ,
1
(6) As additional consideration for the payment of the purchase price hereinabove set forth,
the Vendor hereby grants to the United States the right of immediate occupancy and use of the
land in which said easement is to be granted for the purpose of exercising any of the rights
described in said Exhibit B from and after acceptance by the United States of this offer until such •
time as said easement is conveyed to the United States.
(7) It is agreed that the spouse, if any, of the Vendor, by signing below, agrees to join in
and execute the deed to the United States.
(8) The Vendor represents and it is a condition of acceptance of this offer that no member
of or delegate to Congress, or resident commissioner, shall be admitted to or share any part of
this agreement, or to any benefits that may arise therefrom; but this provision shall not be
construed to extend to any contract if made with a corporation for its general benefit.
(9) The terms and conditions aforesaid are to apply to and bind the heirs, executors, admin-
istrators, successors, and assigns of the Vendor.
(10) All terms and conditions with respect to this offer are expressly contained herein and
the Vendor agrees that no representative or agent of the United States has made any representation
�.� or promise with respect to this offer not expressly contained herein.
(13) Paragraphs 11, 12 and 13 added prior to execution.
SIGNED, SEALED, AND DELIVERED this da rt of . 1960.
APPROVED: CITY OF LIT'T'LE ROCK
BY:
(SEAL)
City Attorney Vendor) Mayor
ATTEST: (SEAL)
j rircammC i ty Clerk
(SEAL) t
(SEAL)
INEKHEEEffix
NOTICE OF ACCEPTANCE OF THIS OFFER IS TO BE SENT TO
HUnoreble..ii,--.0 t-i .00p,. k i y y r . . the city of Iittle .Roek, .City Hall, Little Rocks,
(Name and addrexx) Artansas
ACCEPTANCE OF OFFER TO SELL EASEMENT "ya`
Date:
The offer of the Vendor contained herein is hereby accepted for and on behalf Of me UNITED
STATES OF AMERICA.
WITNESS: Contracting Office?'
•
•
11. The vendor warrants that no person or selling agency has been
employed or retained to solicit or secure this contract upon an agreement
ar understanding for s caarniesion, percentages brokerage, or contingent
fee, excepting bona fide employees or bona fide established commercial or
selling agencies maintained by the vendor for the purpose of securing
business. For breach or violation of this warranty the Government shall
have the right to annul this contract without liability or in its dis-
cretion to require the vendor to pay, in addition to the contract price
or consideration, the full amount of such commission, percentage, broker-
age, or contingent fee.
12. The vendor represents that he / / bas, f / has not employed
or retained a company or person (other than a full-time employee) to soli-
cit or secure this contract, and agrees to furnish information relating
thereto as requested by the Government.
EXHIBIT "A"
Description of Tract Nr. 104E, Utah Point Dikes & Revetment, Arkansas River
(Legal Description of Tract No. 104E attached hereto and marked Rrh1bit A.)
•
EXHIBIT "B"
Estate and rights to be conveyed to the UNITED STATES OF AMERICA and its assigns (Describe
appropriate estate to conform with the estates listed in Appendix III of EM 405-1-640)
A perpetual and assignable right and easement to construct, operate, and main-
tain channel improvement works on, over and across Tract No. 104E, described in
Exhibit A, including the right to clear, cut, fell, remove and dispose of any and
all timber, trees, underbrush, buildings, improvements and/or other obstructions
therefrom; to eXcavate, dredge, cut away, and remove any or all of said land and
to place thereon dredge or spoil material; and for such other purposes as may be
required in connection with said work or improvements; reserving, however, to the
owners, their heirs and assigns, all such rights and privileges as may be used
without interfering with or abridging the right and easement herein acquired;
subject, however, to existing easements for public roads and highways, public
utilities, railroads and pipelines.
U.S.GOVERNMENT PRINTING OFflCE 1959 0-490939
Utah Point Dikes Pulaski County, Arkansas -
and Revetment Owner: City of Little Rock, Arkansas
Arkansas River
Acres: 19.70
TRACT NO. 104E
(Perpetual easement)
A tract of land situated in the county of Pulaski, State of Arkansas,
being a part of the Si of the SEu of Fractional Section 19, and the si of
the SWi of Fractional Section 20, Township 2 North, Range 12 West of the
5th Principal Meridian, right bank of Arkansas River, being a tract 200
feet in width and approximately 4300 feet in length, lying south frown,
parallel and ad4acent to said right bank, and being more particularly
described as follows:
Ong at the point of intersection of right the north-south of
quarter line of said Section 19 with ot 250 50 feet north
Arkansas River, said point being app thence 0 fe easterly
of the south quarter corner of Section feet toga point; thence
along said top bank approximately 3 approximately 1650 feet east
south 200 feet to a point which is
and 450 feet north of the southwest corner of said Section 20;
thence westerly parallel to and 200 feet f o said top bank
line approximately 4300 feet to a point on aforementioned
re naptroxidately
north-south quarter line of Section 19, Which
50 feet north of the south quarter corner thereof; thence north
200 feet to the point of beginning.
This tract contains 19.70 acres, more or less.
EXHIBIT A
SECTION 3. The Mayor and City Clerk are hereby authorized and
directed to execute the contract set forth in Section 2 hereof.
SECTION 4. This resolution shall be in full force and effect
from and after its adoption.
ADOPTED: August 15, 1960
ATTE:: D APPROVED: /
City Clerk Ma o