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HomeMy WebLinkAbout4282 RESOLUTION NO. 4,282 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED CONVEYING TITLES TO CERTAIN LANDS LOCATED IN THE LITTLE ROCK PORT AUTHORITY INDUSTRIAL PARK AND TO EXECUTE AN EASE- MENT FOR RIGHT-OF-WAY OF AN UNDERGROUND PIPE LINE FROM SUCH LANDS IN THE LITTLE ROCK PORT AUTHORITY INDUSTRIAL PARK TO POINT ON THE ARKANSAS RIVER FOR A CONNECTION TO A FACILITY OF THE LITTLE ROCK PORT AUTHORITY FOR HANDLING PETROLEUM AND OTHER LIQUID PRODUCTS; AND FOR OTHER PURPOSES. WHEREAS, by Resolution No . 4, 227 previously adopted by the Board of Directors of the City of Little Rock, Arkansas, on July 7, 1969, the Little Rock Port Authority, an agency of the City of Little Rock, was authorized to accept on behalf of the City of Little Rock, an offer of Murphy Oil Corporation to purchase certain lands in the Little Rock Port Authority Industrial Park according to the terms of said offer; and WHEREAS, the offer of Murphy Oil Corporation also provided that the City of Little Rock would convey to it an easement for two underground pipe lines across Port Authority property to the proposed Port Authority dock facility for handling petroleum products; and WHEREAS, the parties to said offer and acceptance are now desirous of consummating the transaction in according with the terms and provisions of the offer and acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS . SECTION 1 . The Mayor and City Clerk of the City of Little Rock, Arkansas, be and they are hereby authorized and directed to execute for and on behalf of the City of Little Rock, Arkansas, a Warranty Deed, in the form and substance of the instrument attached hereto and made a part of this Resolution, by which the title of the City of Little Rock in said land, more particularly described in the deed attached hereto, is conveyed to Murphy Oil Corporation. The Mayor and City Clerk are also hereby authorized and directed to execute for and on behalf of the City of Little Rock, Arkansas, an easement for right-of-way for two underground pipe lines across other lands in the Little Rock Port Industrial Park owned by the City of Little Rock, which right-of-way is more particularly described in the easement -2- attached hereto, in the form and substance of the instrument attached hereto and made a part of this Resolution, and to deliver said deed and said easement to Murphy Oil Corporation upon payment of the consideration called for in the offer of Murphy Oil Corporation here- tofore accepted by Resolution No. 4, 227 . SECTION 2 . This Resolution shall be in full force and effect from and after its adoption. ADOPTED: November 19, 1969 r, 4111:1 ATTEST: APPRO / D: City Clerk Mayor WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS : That the CITY OF LITTLE ROCK, ARKANSAS , a City of the First Class, organized and existing under and by virtue of the laws of the State of Arkansas, by its Mayor and City Clerk, duly authorized by proper resolution of its Board of Directors, for aid in consideration of the sum of Ten and No/100 Dollars ($10 .00) cash in hand paid by MURPHY OIL CORPORATION, Grantee, and for other good and valuable considerations, the receipt of which is hereby acknowledged, DOES GRANT, BARGAIN, SELL and CONVEY unto the said MURPHY OIL CORPORATION, Grantee, and unto its successors and assigns forever, subject to protective covenants hereinafter set forth, the following described land, situated in the County of Pulaski, and State of Arkansas, to-wit : Part of Section 15, Township 1 North, Range 11 West , Pulaski County, Arkansas , more particularly described as : Commencing at the Southwest corner of the South- west Quarter of the Northwest Quarter (SW4 NWT) , Section 15, Township 1 North, Range 11 West ; thence North 86° 47 ' 37" East 926. 62 feet to the point of beginning; thence North 66° 12' 35" East 399. 23 feet along the South right-of-way line of Lindsey Road to its intersection with the West right-of-way line of the Fourche Island Drainage District #2 levee ; thence South 37° 06' 25" East along said right-of-way line 916. 7 feet ; thence South 52° 53' 36" West 450 .0 feet; thence North 37° 06' 25"West 960 .0 feet to the point of curvature of a curve to the right , said curve having a radius of 50.0 feet and a tangent of 63 . 2 feet ; thence along the arc of said curve to the right 90 . 14 feet to its point of tangency and the point of beginning, said parcel containing 10.00 acres, more or less ; subject to restrictions and easements of record • Page 1 TO HAVE AND TO HOLD the same unto the said Grantee and unto its successors and assigns forever, with all appurtenances thereunto belonging. And the Grantor hereby covenants with the said Grantee that it will forever warr;;nt and defend the title to said lands against all claims whatever. following This conveyance Is made subject to the /protective covenants which shall run with the land and be binding upon the Grantee, its successors and assigns: 41 - - • • . 1 Page 2 • • • • • • 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. object- ionable 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 u.se any of the land or premises for the manufacture, storage, distri- bution or sale of any materials or products which shall. increase the insurance rates of the adjoining property or for any purpose 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 ap- plicable 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 E3 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. 5 . Billboard posters and other advertising signs are prohibited except, however, signs which advertise the property owner ' s business or products r;iay 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 • • • Page 3 the conveyed property identifying the purchased property as b e- loalging to the Grantee. 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 purposes 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 larking. 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 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 square feet within 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 ly Grantee, ' this prohibit'-on 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 acerage 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: • Page 4 • 12 . Grantor actress to provide paved street (s) , water, • *)wer, gas, telephone and sanitary sewer services as approved in the original development plan for the property herein in- volved in the easement of 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- • sponsib•ility 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 needu'i for the origi- • nal construction of rail lead tracks . Any right-of-way needed • for ac:ditional 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 hap been furnished to Grantee. • • , I 15 . Grantor agrees to provide draingage 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 convenants, 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. 1 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 arsigns, 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. • t , Page 5 . r � • IN TESTIMONY WHEREOF, the name of the Grantor is here- unto affixed by its Mayor and its seal affixed by its City Clerk this _ day of , 1969 . CITY OF LITTLE ROCK, ARKANSAS By: Mayor ATTEST: City Clerk (S EAL) STATE OF ARKANSAS ) ) ss. ACKNOWLEDGMENT COUNTY OF PULASKI ) On this day of , 1969, before me, the undersigned, a Notary Public , duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named Haco Boyd and Jane Czech, to me per- sonally well known, who stated that they were the Mayor and City Clerk, of the CITY OF LITTLE ROCK, ARKANSAS, a City of the First Class, and were duly authorized in their respective capa- cities to execute the foregoing instrument for and in behalf of the said City, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 1969. • Notary Public My Commission will expire : • Page 6 E A S E M E N T KNOW ALL MEN BY THESE PRESENTS: That the City of Little Rock, Arkansas, acting by and through 'its Mayor and City Clerk, heretofore authorized to so act by a Resolution of the Board of Directors of the City of Little Rock, ' Grantor, for and in consideration of the sum of One and No/100 Dollars . ($1. 00) , cash to it paid by Murphy Oil Corporation, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto said Murphy Oil Corporation and unto its successors and assigns an easement for a right-of-way with the right of ingress and egress thereto for the purpose of laying, constructing, maintaining, repairing, replacing, testing, and inspecting two underground pipe lines and appurtenances thereto, now and at different times in the future; the Grantor, its successors and assigns, may perform any other act or charac- teristic of ownership upon the said lands not inconsistent with the rights herein granted; said easement being upon a strip of land 30 feet in width located in Pulaski County, Arkansas, more particularly described as follows: • To have and to hold said easements, rights, and privileges unto the said Grantee and unto its successors and assigns forever for the purposes aforesaid. The Grantor covenants with the said Grantee, its successors and assigns, that it shall have at all times the quiet use and enjoyment of said right-of-way and easement for so long as Grantee, its successors and assigns shall use and maintain one or more of the pipe lines to be laid within said right-of-way and easement; and Grantee covenants with Grantor that it will construct 'and lay its pipe lines within the ease- ment herein granted under the surface of said easement except where • necessary appurtenances in the operation of the pipe line may necessarily be located upon or above the surface of the easement, and further, that the construction and laying of said pipe line shall be done in a workman- like manner and subject to all the laws of the United States Government and the State of Arkansas, if any, pertaining to the said construction and laying of the pipe line. IN FITNESS WHEREOF, the name of the Grantor is hereto affixed by its Mayor and its seal affixed by its City Clerk. E ' CITY OF LITTLE ROCK, ARKANSAS • By Mayor Attest: City Clerk ACKNOWLEDGMENT STATE OF ARKANSAS) SS COUNTY OF PULASKI) On this day of , 1969s, before me, the undersigned, a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named Haco Boyd and Jane Czech, to me personally well known, who stated that they were the Mayor and City Clerk of the City of Little Rock, Arkansas, a City of the First Class, and were duly authorized in their respective capacities to execute the foregoing instrument for and in behalf of the said City, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 1969 . Notary Public My Commission Expires: