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HomeMy WebLinkAbout3213 RESOLUTION NO. 3,213 A RESOLUTION AUTHORIZING AN EASEMENT IN FAVOR OF THE UNITED STATES OF AMERICA, CORPS OF ENGINEERS, FOR THE CONSTRUCTION OF A ROADWAY ACROSS CERTAIN CITY-OWNED PROPERTIES; AUTHORIZING THE EXECUTION OF AN EASEMENT DEED AND AN OFFER TO SELL DRAINAGE EASEMENT; AND FOR OTHER PURPOSES. WHEREAS, the United States of America, acting by and through its Corps of Engineers, proposes to improve and main- tain an extension of Rebsamen Park Road across certain City- owned lands and to improve a drainage ditch near the Western boundary of said City-owned lands, and, for such purposes, requires an easement deed and an offer to sell drainage ease- ment; and WHEREAS, it is the desire of the Board of Directors of the City of Little Rock to grant such an easement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The Mayor and City Clerk are hereby authorized and directed to execute for and in behalf of the City of Little Rock an easement deed running in favor of the United States of America for the purpose of constructing a roadway as an exten- sion of Rebsamen Park Road across certain City-owned lands described in Section 2 hereof and to execute an offer to sell easement regarding the construction and maintenance of a drain- age easement at the Westernmost boundary of the City-owned lands, as more particularly described in Section 2 hereof. SECTION 2. The easement deed and offer to sell drainage easement described in Section 1 hereof shall be in form and substance as follows : E A S E M E N T KNOW ALL MEN BY MESE PRE ENTTS: That the City of Little Rock, Arkansas, a municipal corporation, organi- zed and existing anr3"r the laws of the State of Arkansas, for and in con- sideration of the sum of ONE AND N0/100 aOLLAR ($1.00), to it cash in hand paid by the UNITED STATES OF AMERICA and the construction and maintenance of a public road by the UNITED STATES OF does hereby grant, bargain, sell and convey unto the UNITED STATES OF P-Y ERICA an easement and right-of- way for a period of five (5) years from the date of this instrument or until Lock and Dam No. 7, Arkansas fiver, is completed, whichever occurs sooner, in, on, over and across lands described us Tract No. 102E-1, Lock and Dam No. 7, Pulaski County, Arkansas, being more particularly described as follows: A tract of land situated in the county of Pulaski, State of Arkansas, being a part of the NEf of Section 30, aal a part of the NW!:. of Fractional Section 29, Township 2 North, Range 12 West of the Fifth Principal Meridian, right bank of the Arkansas River, and. being a strip of right-of-way of vary- ing widths and being 3,503.29 feet in length, the centerline of which is more particularly described as follows: Beginning at the intersection of the north-south quarter line of said Section 30 with the centerline of the access road to Lock and Dam No. 7, which is approximately 150 feet south of the south- west corner of the 11t of the NW of the NEa- of said Section 30; thence south 770 47' 09" east 2,588.50 feet to the point of curva- ture, the right-of-way on the left 'being 150 feet and on the right being the northerly right-of-way line of the Chicago Rock Island and Pacific Railroad; thence along a 20 curve to the right 214.79 feet to a point where the right-of-way changes to 50 feet on the left and remains the said railroad right-of-way on the right; thence, continuing along laic curve to the right, 333.68 feet to the point of tangency; thence south 660 47' 59" east 366.32 feet to the point of termination, and containing 18.14 acres, more or less. This easement for a period of five (5) years or until Lock and Dam No. 7 is completed, which ever occurs sooner, is conveyed for the following purposes, namely: To construct, operate and maintain a public highway and appurtenances THIS INSTRUMENT PR.PARE1_, BY: Jay G. Gould, Attorney U. S. Army Engineer District Little Rock, Arkansas thereto over the above-numbered tract; together with the right to trim, cut, fell and remove underbrush, obstructions, and other vegetation, structures or obstacles within the limits of the right-of-way. This easement is also granted subject to the right of the public generally to utilize the road. That upon the termination of this easement it is expressly agreed and understood that the maintenance of said road will become the responsibility of the City of Little Rock, Arkansas. TO HAVE AND TO HOLD the above-described easement and rights over the above- numbered tract unto the UNITED STATES OF AMERICA for a period of five (5) years from the date of this instrument or until Lock and Dam No. 7 is completed, which- ever occurs sooner. The Grantor hereby covenants with the said UNITED STATES CF AMERICA that it will warrant and defend the title to the said lands against all claims whatever. IN WITNESS SCE', the City of Little Rock, Arkansas, acting by and through its duly qualified and acting Mayor and City Clerk, under authoriza- tion by a Resolution approved by its Board of Directors, has hereunto caused these presents to be signed by its Mayor, attested by its City Clerk, and its corporate seal hereunto affixed this day of 1964. CITY (P LITTLE ROCK, ARKANSAS EY: Me ror ATTEST: City Clerk 2 STATE OF ARKANSAS ) SS ACKNOWLEDGMENT County of Pulaski BE rT REMEMBERED, that on this day came before me, the undersigned, a notary public, duly commissioned and acting within and for the County and State aforesaid, to ne personally well known, who stated that he was the Mayor of the City of Little Rock, Arkansas, and that he was authorized in such capacity to execute the foregoing instrum. ment for and in the name and on behalf of the City of Little Rock, Arkansas, and further stated and acknowledged that he had so signed, executed and de- livered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTDIONY WHEREOF, I have hereunto set may hand and official seal this day of 1964. My Commission EXpires: Notary Pubic 3 DEPARTMENT OF THE ARMY • OFFER TO SELL EASEMENT Lock and. Jari No. 7, Project Arkansas River Tract Nr. 102E-2 Option Nr. DA 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 land 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 FIVE HUNDRED AIW NO/300 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. (4) It is agreed that the United States will defray the expenses incident to the preparation 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 off er, 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). EN6 FORM 2970 (E.M 405-1-620) PREVIOUS EDITIONS MAY BE USED UNTIL EXHAUSTED. 1 MAR 62 L 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 day of , 19 611 . MC ATTEST: CITY CV LITTLE ROCK BY: (SEAL) City Clerk (Vendor) Mayor (SEAL) (Spouse of Vendor) (SEAL) (Vendor) (SEAL) (Spouse of Vendor) NOTICE OF ACCEPTANCE OF THIS OFFER IS TO BE SENT TO: (Name and address) ACCEPTANCE OF OFFER TO SELL EASEMENT Date: The offer of the Vendor contained herein is hereby accepted for and on behalf of the UNITED STATES OF AMERICA. WITNESS:* (Name and title) *THESE SPACES WILL BE USED FOR WITNESSES TO SIGNATURES IF REQUIRED BY STATE LAW. 2 EXHIBIT "A" Description of Tract Nr. 102E-2, Lock and Dam No. 7, Arkansas River. A tract of land situated in the county of Pulaski, State of Arkansas, being a part of the NE* of Section 30, and a part of the fractional SE* of Fractional Section 19, Township 2 North, Range 12 West of the Fifth Principal Meridian, right bank of the Arkansas River, being a drainage ditch 60 feet in width and approximately 910 feet in length, the centerline of which is more particularly described as follows: Beginning at a point on the ordinary high-water line, right bank of the Arkansas River, which is 30 feet east of the inter- section of said ordinary high-water line and the north-south quarter line of said Fractional Section 19; thence south 30 feet easterly of and parallel to said north-south quarter line of Frac- tional Section 19 and Section 30 approximately 625 feet to a point; thence along the arc of a curve to the left, whose radius is 150 feet, a distance of 120 feet to a point; thence south 51° 10' east approximately 165 feet to the point of termination on the north right-of-way line for the access road to Lock and Dam No. 7, Arkansas River, and containing 1.25 acres, more or less. 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 easement and right of way in, over and across Tract No. 102E-2, to construct, maintain, repair, operate, patrol and replace a drainage ditch, subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. 3 U.S.GOVERNMENT PRINTING OFFICE 1962 0-635730 11• The vendor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, 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. 1" The vendor represents that he / / has, /—'l 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. -3- SECTION 3. This resolution shall be in full force and effect from and after its adoption. ADOPTED: September 21, 1964 ATTEST 1DG4,_�,LJ� � �ee / APPROVED: 1 y Clerk Mayor