HomeMy WebLinkAbout3965 RESOLUTION NO. 3,965
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER AND THE LITTLE ROCK PORT AUTHORITY TO
ADVERTISE AND RECEIVE BIDS FOR A PUBLIC AUCTION
TYPE SALE BY THE CITY OF LITTLE ROCK OF CERTAIN
LANDS OWNED AND ACQUIRED BY THE CITY FOR INDUS-
TRIAL DEVELOPMENT PURPOSES; PROVIDING FOR
COVENANTS TO RUN WITH THE LAND BEING SOLD; FIX-
ING TERMS AND CONDITIONS OF SAID SALE; AND FOR
OTHER PURPOSES.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1. The City Manager and the Little Rock Port
Authority are hereby authorized and directed to advertise for a
sale by the City at public auction real property owned and
acquired by it for industrial development purposes and described
in Section 2 hereof. Said notice shall be published once a week
for two consecutive weeks, the date of the first publication to
be not less than fifteen days prior to the date of the auction.
SECTION 2 . The property to be offered for sale as
provided for herein is described as follows :
A parcel of land situated in NE4, SE4, Section 16,
Township 1 North, Range 11 West, of Pulaski County,
Arkansas, and more particularly described as follows:
Beginning at the intersection of the proposed east
right-of-way line of Fourche Dam Pike and the South
right-of-way line of proposed Lindsey Road; thence
South O1°30 ' 52" West along said proposed east right-
of-way of Fourche Dam Pike 1000.00 feet; thence South
88 °29 ' 08" East 900.00 feet; thence North 01°30 ' 52"
East 1145 . 79 feet to a point on said south right-of-
way of proposed Lindsey Road; thence South 78°48 ' 34"
West along said south right-of-way 662 .29 feet; thence
North 88°31 ' 06" West along said south right-of-way
253. 91 feet to the point of beginning and containing
21.74 acres, more or less.
SECTION 3. The following covenants are hereby approved
and adopted as conditions under which the sale is made and the
lands developed and used, which covenants shall run with the
land:
PROTECTIVE COVENANTS
FOR THE
LITTLE ROCK PORT INDUSTTRIAL PARK
1. The property herein conveyed shall be used only for
industrial, manufacturing, warehousing or distribution purposes .
It shall not be used for residential purposes, nor for the retail
sale of any merchandise or services, except that any occupant of
the property, either owner or tenant, may sell at retail those
products which are manufactured or handled at wholesale by the
occupant. The financing of the sale of such merchandise is ex-
pressly permitted, as is the retail sale of food, beverage and
other such convenience items to occupant' s employees so long as
these items are not offered for sale to the general public. The
purpose of this restriction is to prohibit the operation on this
property of any business devoted primarily to the retail sale of
merchandise or to the furnishing of services to the general public.
2 . No industry or other business shall be established,
maintained, or permitted on this property which produces objec-
tionable smoke, dust, noise, odor or vibration. Determination
of whether an industry or business is objectionable for any of
the above reasons shall be at the sole discretion of the Board
of Directors of the City of Little Rock. The Grantee shall not
use any of the land or premises for the manufacture, storage,
distribution or sale of any materials or products which shall
increase the insurance rates of the adjoining property or for
any purposes which constitute a menace in the generally accepted
definition of that term, and the Grantee agrees that it will use
said property in compliance with all ordinances of the City of
Little Rock applicable to the use of property including, but not
limited to, building code, health code, subdivision, fire zoning,
etc. , and in compliance with all laws of the State of Arkansas
and of the United States of America.
3 . Grantee shall submit detailed plans and specifications
including plot plan for the initial construction and for any ex-
terior alteration, modification or additional construction to the
Grantor or to its designated agent prior to the commencement of
construction, and Grantor ' s written approval shall be proof of
compliance with this restriction.
4. Buildings erected within the Little Rock Port Industrial
Park shall have building lines which shall be a minimum of 75 feet
from the right-of-way of Fourche Dam Pike and Frazier Pike, a mini-
mum of 70 feet on all other major streets and 50 feet on all minor
streets. The building line shall be a minimum of 30 feet from all
other property lines except that one-half of any adjacent permanent
open space or easement retained by the Grantor for utility or other
purposes or dedicated to the public shall be allowed as part of the
required 30-foot building line requirement. Irrespective of compli-
ance with these building line requirements, however, truck docks
must be so situated that trucks, tractors, trailers or any combina-
tion thereof may not, while being either loaded, unloaded or maneu-
vering, project beyond the right-of-way of any street, alley or
open space bordering the property.
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5 . Billboard posters and other advertising signs are
prohibited except, however, signs which advertise the property
■ owner ' s business or products may be erected with prior approval
of the Grantor. Prior to the erection of such a sign as herein
permitted, Grantor is specifically authorized to erect a sign on
the conveyed property identifying the purchased property as be-
longing to the Grantee.
I
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6. No goods, equipment, supplies or other materials
shall be stored in the open except on the rear two-thirds (2/3)
of said property, and then only when such open storage is fenc-
ed with a screening fence at least six (6) feet in height. All
fencing for screening, security or other purpose shall be attrac-
tive in appearance and shall be of an all-metal industrial type
fence of galvanized or non-ferrous material.
7 . It shall be the responsibility of the property owner
to provide parking space for employees, customers and visitors,
and the public streets shall not be used for parking. The surface
of all driveways and permanent parking areas shall be of concrete,
asphalt or other bituminous material. It shall be Grantee ' s re-
sponsibility to extend driveways to existing or projected streets
at no expense to Grantor, even though part of this construction
is within the street right-of-way. Construction of driveways con-
necting with existing or later developed streets in such a manner
as to interfere with the normal drainage in the street to which
the driveway is being connected is prohibited.
8. The owner of said property shall keep the premises,
buildings and improvements in a safe, clean, healthful and pre-
sentable condition at all times and shall comply in all respects
with all government, health and police requirements pertaining
thereto.
9. Grantee agrees to landscape that portion of the
property between the building or buildings and the curb line of
any abutting streets, including any such property which may be
in a street or utility right-of-way, and to remove undergrowth,
weeds, debris, rubbish, trash, excess dirt and any other unsightly
material from the remainder of the property at no expense to
Grantor.
10. No building or other structure shall be built or main-
tained which covers more than 40 percent of the total land area in
the above described plot.
11. Grantee herein agrees to commence construction of a
building covering at least 75, 000 square feet within one (1) year;
providing, however, if the Grantee is prevented from commencing
construction within the time herein set out for reasons solely
outside his control, the time for commencement of construction
may be extended by Grantor and shall not be considered a violation
of this covenant. However, until such time as buildings covering
at least twenty (20) percent of the total ground area herein con-
veyed have been constructed, Grantee is prohibited from selling
any of said land on which buildings have not been constructed with-
out first offering said excess land to the City of Little Rock at
the price paid by Grantee. After written notice of the intention
of Grantee to sell has been received by Grantor, the Grantor shall
have a period of 90 days in which to exercise the right of repur-
chase. Whenever buildings covering 20 percent of the total ground
area have been constructed by Grantee, this prohibition shall become
null and void and the Grantor then waives any further right as to
the resale of the property; except, however, that any subdivision
of the tract, irrespective of the percent of total ground area upon
which buildings have been constructed must be approved by the Little
Rock Planning Commission. All other restrictions, however, shall
remain in full force and effect as separately provided. In the
event Grantee desires to sell the entire acreage hereby conveyed
after he has constructed buildings covering less than 20 percent
of the area conveyed, permission to resell the entire property will
not be arbitrarily withheld by Grantor.
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12 . Grantor agrees to provide paved street (s) , water,
power, gas, telephone and sanitary sewer services as approved
in the original development plan for the property herein in-
volved in the easement or right-of-way adjoining Grantee' s
property within, but not after a period of two (2) years im-
mediately following the date of this conveyance at no cost to
the Grantee.
13 . Grantor offers no assurance as to the provision of
rail service to the property herein conveyed, it being the re-
sponsibility of the Grantee to negotiate for this service with
the railroad company or companies serving this Industrial Park.
The Grantor is obligated, however, to provide gratuitously to
the rail carrier involved any right-of-way needed for the origi-
nal construction of rail lead tracks. Any right-of-way needed
for additional lead tracks after the original construction must
be provided by Grantee.
14. Because of the difficulty in prescribing in advance
the location of all utility, street and rail easements which may
ultimately be required, Grantee herein agrees to offer every rea-
sonable cooperation in providing such easements, including ease-
ments which may be required by the Little Rock Planning Commission
upon the preliminary approval of the development plan, and any
other easements which have been clearly indicated on an engineer ' s
survey of the property which has been furnished to Grantee.
15 . Grantor agrees to provide drainage in the easement
or streets adjoining Grantee ' s property.
16. The Grantor herein, its successors and assigns, or
other property owners in the Little Rock Port Industrial Park
subject to these covenants, may enforce these restrictions either
by restraining order or may prosecute at law or in equity a suit
for damages or any other remedy which they may have.
17 . Invalidation of any of the foregoing conditions, re-
strictions or covenants by a court of competent jurisdiction in
no way affects any of the other provisions which shall remain in
full force and effect.
18. Grantor affirms that there are no adverse occupants
of said land; that there are no unrecorded options to purchase,
sales contracts or lease agreements outstanding affecting said
property; that there have been no improvements made thereon dur-
ing the past 130 days for which a Mechanic ' s or Materialmen's lien
may be filed; and that no roads or streets traverse the property.
19. Grantor agrees to invoke substantially similar re-
strictions in all subsequent conveyances of similar industrial
land.
20. These restrictions shall be covenants running with
the land and shall be binding upon the Grantee, its successors
and assigns, and shall be in full force and effect for twenty-
five (25) years from the date of this Deed. These covenants or
any one of them may be amended upon the approval of three-fourths
(3/4) of the owners of property in the industrial area to which
these covenants apply and by majority action of the Board of
Directors of the City of Little Rock.
3/4/68
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SECTION 4. No bid will be considered as acceptable at
less than Four Thousand and NO/100 Dollars ($4, 000.00) per acre
for whole acres and Three Thousand and NO/100 Dollars ($3, 000.00)
for the part of an acre. The highest and successful bidder must
furnish within one hour after bidding is closed a Cashier ' s Check
or surety bond by a company authorized to do business in the State
of Arkansas in an amount equivalent to twenty (20%) percent of his
total bid to guarantee performance and which shall be forfeited as
damages upon his failure to perform in accordance with his bid.
Said Cashier ' s Check or surety bond shall be considered a first
payment of the consideration for the described land. The balance
of the consideration shall be paid upon delivery of Deed transfer-
ring title to the successful bidder. The title will be transferred
by Warranty Deed containing covenants applicable to this property
and running with the land.
SECTION 5 . All persons desiring to bid must, prior to
bidding, recite in writing that he has examined the restrictive
covenants to this sale and use and development of the land being
sold and which have been adopted by this resolution. Such persons
must agree that the purchase of said land is subject to said
restrictive covenants.
SECTION 6. This Resolution shall be in full force and
effect from and after its adoption.
ADOPTED: April 15, 1968
/ 1/ if
ATTEST: —A-1 APPROVED:/ �� A/
City Clerk Mayor