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HomeMy WebLinkAbout3968 s RESOLUTION NO. 3,968 A RESOLUTION GRANTING FLOWAGE AND CONSTRUCT- ION EASEMENTS TO THE U.S. CORPS OF ENGINEERS ON CERTAIN REAL PROPERTY OWNED BY THE CITY OF LITTLE ROCK AS AFFECTED BY THE CONSTRUCT- ION OF LOCKS AND DAMS NO. 6 AND 7 ; AND FOR OTHER PURPOSES . WHEREAS, the U. S. Corps of Engineers must, of necessity, obtain easements from the City of Little Rock upon real property owned by the City related to the construction of Locks and Dams No. 6 and 7 upon the Arkansas River for which the said Corps of Engineers has offered money consideration which the City determines to be fair and just; and WHEREAS, the Board of Directors desire to execute said easements and cause the consideration for each to be paid over to the agency or department of City government for whom the said lands have been acquired. 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 on behalf of the City of Little Rock flowage easements and a right of entry for construction on the following identified tract of land and cause the consideration paid for said easements to be paid to the agency or department of the City government identified opposite each tract number. TRACT NO. DEPARTMENT CONSIDERATION 563-E Airport Commission $100.00 SECTION 2. Seperate easements in the consecutive order mentioned in Section 1 hereof for the specific property affected by said tract number shall be in form and substance as follows : Y' DEPARTMENT OF THE ARMY OFFER TO SELL EASEMENT Project David D. Terry Lock and Dam Arkansas River Tract No. 563E Contract No. 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 attached hereto - and made part(s) 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 eases en 0 '7,n r rights the sum o, 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 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). ER 2970 (EM 405-1-850) REPLACES EDITION OF 1 JAN 64 WHICH IS OBSOLETE. 712R: 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 Vender 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 ' cX CITY OF L 'OCK ATTEST: (SEAL) PAULINE G. BEESON, City Clerk ) MARTIN BORC� Mayor (SEAL) (Spouse of Vendor) APPROVED: (SEAL) (Vendor) (SEAL) (Spouse of Vendor) (SEAL) (Vendor) (SEAL) (Spouse of Vendor) (SEAL) (Vendor) (SEAL) (Spouse of Vendor) 2 (u) 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 discre- tion to require the vendor to pay, in addition to the contract price or consideration, the full amount of such commission, percentage,brokerage or contingent fee. (12) The vendor represents that he / / has, / / 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. 2a • ,...00• 11, NOTICE OF ACCEPTANCE OF THIS OFFER IS TO BE SENT TO: (Name amd 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. 1 WITNESS:• *These spaces to be used for signatures of witnesses if required by state law. 3 *U.S.GOVERNMENT PRINTING OFFICE:I%4.-0-740-522 EXHIBIT "A" Description of Tract No. 563E, David D. Terry Lock and Dam, Arkansas River, attached hereto and made a part hereof. T • EXHIBIT "B" Estate and rights to be conveyed to the INIITED STATES OF AMERICA and its assigns (Describe appropriate estate to conform with the estates listed in Appendix III of Far! 405-1-640) The perpetual right, privilege, and easement occasionally to overflow, flood, and submerge Tract( (S . 563E y in connection with the operation and maintenance of the David D. Terry Lock and Dam, Arkansas River project, as authorized by the Act of Congress approved 24 July 1946 (60 Stat. 634), together with all right, title, and interest in and to the structures and improvements now situate on the land, except fencing; pro- vided that no structures for human habitation shall be constructed or maintained on the land, and provided further that no other structures shall be constructed or maintained on the land except as may be approved in writinj, by the representa- tive of the United States in charge of the project, such restrictions being intended for and limited to the prevention of construction which would interfere with the operation of the project or constitute a danger to persons or property; subject to existing easements for public roads and highways, public utilities, railroads and pipelines; reserving, however, to the landowners, their heirs and assigns, all such rights and privileges as may be used and enjoyed without interfering with or abridg- ing the rights and easement hereby acquired. 4 4 Arkansas River Pulaski County, Arkansas David D. Terry Lock and Dam Owner: City of Little Rock Navigation Pool Acres: Perpetual Easement - 0.40 TRACT NO. 563E A tract of land situated in the county of Pulaski, State of Arkansas, being a part of the SW4 of the NE* of Section 13, Township 1 North, Range 12 West of the Fifth Principal Meridian and being more particularly described as follows: Beginning at the point of intersection between the south- easterly property line and the 234-foot contour, m.s.1., said point being south 51° 00' west approximately 820 feet from the northeast corner of said SW,it,—, of the NE4 of Section 13; thence southwesterly along said southeasterly property line approximately 40 feet to a point on the 234-foot contour, m.s.1.; thence south- westerly following and binding on the meanders of said 234-foot contour, m.s.1., approximately 400 feet to a point on the north- westerly property line, said point being south 56° 45' west ap- proximately 1,170 feet from said northeast corner of the SW,—i, of the NE4 of Section 13; thence northeasterly approximately 190 feet along said northwesterly property line to a point on said 234-foot contour, m.s.l.; thence northeasterly following and binding on the meanders of said 234-foot contour, m.s.1., approximately 200 feet to the point of beginning and containing 0.40 acre, more or less. 7 February 1968 -2- SECTION 3. This Resolution shall be in full force and effect from and after its adoption. ADOPTED: April 15, 1968 ATTEST: APPROVED: / /40f / City Ma or Y Y