HomeMy WebLinkAbout1987-04-01-R RESOLUTION NO. —`t
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF
THE CITY OF BATESVILLE, ARKANSAS, TO EXECUTE A MEMORANDUM OF COMP-
ROMISE AND SETTLEMENT WITH IDEAL BAKING COMPANY, INCORPORATED; AND
FOR OTHER PURPOSES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS, AS
FOLLOWS:
Section 1: That the City Council of the City of Batesville, Arkansas, hereby
authorizes the Mayor and City Clerk of the City of Batesville, Arkansas, to
execute a Memorandum of Compromise and Settlement with Ideal Baking Company,
Incorporated for the mutual promises and considerations set out in the Mem- a
orandum.
Section 2: That a copy of said Memorandum is attached hereto, marked EXHIBIT
"A" and made a part hereof as though fully set out herein word for word.
ADOPTED this 5T- day of % ' , 1987.
APPROVED:
im Shirrell , Mayor
ATTEST:
Larry Willi ms, City Clerk
r
I
1!
MEMORANDUM OF COMPROMISE AND SETTLEMENT
This memorandum of understanding entered into this day
of April , 1987 by and between the City of Batesville, hereinafter known
as the City, and Ideal Baking Company, Incorporated, hereinafter known
as the Company, for the mutual promises and considerations set out herein
below, agree as follows:
1. That the Company is the owner of certain real property in the
City described as follows:
A tract of land being part of Lot Eight (8) in Block Sev-
enty-five (75) of Maxfield's Third Eastern Addition to the City
of Batesville, Independence County, Arkansas more particularly
described as follows:
Beginning at the Southeast corner of said Lot 8; thence
run N 01 degrees 04' 57" E along the West R/W Line of 14th
Street, a distance of 150.00 feet to the Northeast corner of
said Lot 8; thence run N 89 degrees 09'48" W along the North
Line of said Lot 8, a distance of 4. 50 feet; thence run S 01
degrees 27' 52" W, a distance of 150.01 feet to the South Line
of said Lot 8 and the North R/W Line of Lawrence Street,
thence run S 89 degrees 09'48" E along said North R/W Line, a
distance of 5.50 feet to the Point of Beginning, containing
750 square feet, more or less.
2. That the City has caused to be constructed, maintained and used
a public way known as 14th Street which encroaches on the property owned
by the Company described above.
3. That the Company is to expand its facility located on property
adjacent to the tract described above with said expansion to conform to
the size and dimension of the existing structure owned by the Company.
That the existing structure was built by the Company before the City's
current Zoning Code was enacted and the proposed expansion would not be
in conformity therewith.
NOW, WHEREAS, the City is desirous of obtaining clear title to the
property upon which its street improvement lies, and the Company is de-
sirous of expanding its present facility in conformation with the ex-
isting south wall , it is agreed that a compromise settlement would be in
rr the best interest of the City and the Company.
NOW, THEREFORE, BE IT UNDERSTOOD AND AGREED, THAT:
The City will agree to relax the set back provisions contained in
the Batesville Zoning Code in exchange for a Quit Claim Deed from the
Company to the City describing the land underlying 14th Street as it
now exists.
It is understood and agreed that this compromise agreement is in
the best interest of the City of Batesville in that traffic flow around
the existing building and the proposed expansion will be improved and
that much needed jobs will result from the construction of the expan-
sion and expanded operations of the Company. The Company's building,
as expanded will be the only building on the block and the traditional
justification for set back requirements, i .e. fire protection of adjoin-
ing structures, traffic flow, etc. are not applicable. It is further
understood and agreed that these compromise considerations in exchange
for the Quit Claim Deed given by the Company are contingent upon ap-
proval of this memorandum agreement by the Batesville City Council .
In witness whereof we have set our hands on this 5 7= day of
April , 1987.
t >r
o orable Jim Sh rrell , Mayor
,' ity of Batesville
ATTEST: G� i
Larry Will ams, City Clerk
Ideal Baking Company, Inc.
ATTEST: / J,J/1/V/,
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