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Home My WebLink About1979-731-R 4 RESOLUTION NO. 7a / OF THE CITY COUNCIL FOR THE CYff OF BATESVILLE, ARKANSAS A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF BATESVILLE TO PURCHASE A CERTAIN 3.85 ACRE TRACT FROM GENERAL TIRE AND RUBBER IND AUTHORIZING SAID OFFICIALS TO EXECUTE A LETTER OF AGREEMENT CONCERNING SAID PURCHASE OF REAL PROPERTY. WHEREAS, the City of Batesville, Arkansas, desires to build a solid waste disposal incinerator; and, WHEREAS, the City of Batesville, Arkansas, is in need of real property on which to build said incinerator and for other purposes; and, WHEREAS, the City of Batesville has agreed to dispose of General Tire and Rubber Companyls wastes and furnish steam to said company; and, WHEREAS, General Tire and Rubber Company has agreed to sell a 3.85 acre tract of real property adjacent to their Batesville Plant for the sum of $100.00 provided that the City of Batesville provide sewer lines and services to said Batesville Plant; and, WHEREAS, the City Council of the City of Batesville feels that this property is well suited for incinerator purposes and that it will facilitate prior agreements by and between the City of Batesville and the General Tire and Rubbe Company and further feels that the general welfare of the citizens of the City of Batesville will be best served if this property is purchased for said �w purposes under the following terms: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS, as follows: 1. That the City Council of the City of Batesville hereby authorizes the Mayor and City Clerk of the City of Batesville, Arkansas to purchase from General Tire and Rubber Company a certain 3.85 acre parcel of land located adjacent to the Batesville Division of General Tire and Rubber Company. 2. That the purchase price of said property is $100.00. 3, That also in consideration of the General Tire and Rubber Company executing a deed to said real property to the City of Batesville, the City of Batesville agrees to install a sewer line to the Batesville division of the General Tire and Rubber Company. Said installation shall proceed as follows: The first phase of the sewer line extension shall be made from its present termination point to a mutually agreeable point immediately contiguous to the General Tire and Rubber Company property line. It is understood that the General Tire and Rubber Company will cause a Warranty Deed to this property to be released to the City upon an agreement by the Public Utilities Commission for the installation of the first phase of the sewer line extension. It is also understood that the first phase extension will be completed within 45 days of the transfer of title to the 3.85 acre tract of real property and that the City of Batesville is solely responsible for the cost and expense of initial phase of the sewer line.extension and tap-in fees. 4. That the City Council of the City of Batesville hereby authorizes the Mayor and City Clerk of the City of Batesville to sign the letter of Richard H. Vogell of the General Tire and Rubber Company dated November 30, 1979 and thereby express the consent of the City to the terms of that letter, said terms being the same as that contained in paragraph 3 above. A %W 5. That the City Council furthermore authorizes the Mayor of the City of Batesville to receive the Warranty Deed from General Tire and Rubber Company from the escrow agent and have same recorded. ADOPTED this /,54 day of December, 1979. APPROVED MAYOR ATTEST: CAL CITY CLER14 00 THE WNERAL TIRE & RU,B R COMPANY SNE ONE GENERAL STREET AKRON OHIO 44321) Decumber 14 , 19'79 Mr. W. McSpadden Trust Officer First National Bank of Batesville 250 South Broad Street Batesville, Arkansas 72501 Subject* Appointment as Escrow Officer Sale of 3 .85 acres of Vacant Land from The Gencral Tire & Rubber ' Company to the City of Batesville , Arkansas Dcar Mr. McSpadden : both you and your bank have come fr iE;hly recomme:r)ti�jd to me from our local plant representatives , --ted accordingly , I am request- CW i ne, that you assist me in assuririt,, proper convf2yance of 3 .85 plL 'VO cif vacant land to tht� Li Ly of Esatesville . Your sole charge as escrow went would be to notify the City of Batesville that you have: accented the responsibility of escrow ,treat :Ind that you arc iri rQceipt, oV fully executed General +!•,r r ar�t.y All that r :, r—qu i r !d In thi -,- pi�ir•ticialar• i ristancf; would be a delivery of the Deed to the City of Batesvii1e , it then, becomes their responsibility Fur recordation and payment of all transfer , recordation , arra other fees; receive from the City of Batesville a check in the amount ut' $100 . 00 payable to The 6t;rreral Tire & Rubber Company , and an originally ext;cute:d cot)y of the attached letter, signed by Mayor Golden ar,d thc, Director of the Public Utilities Commission for the City of Batesville . .. ., . y Mr. W . McSpadden -2- December 14 , 1979 Further , the City Qf Batesville should provide you with a copy of a City Resolution indicating that the City Council has been properly informed and acknowledged by vote the terms and conditions reflected in the attached letter. Upon receipt of the check for ; 100 .00 and the two (2 ) executed documents , you are permitted to release the Deed to the City of Batesville . The General Tire & Rubber Company waives proration of taxes in this instance , and accordingly , no computations for proration of any kind are required. Thank you very much for accepting this responsibility . Any expenses that you incur in administrating this accommodation , should be billed " to The General Tire &. Rubber Company and sent to my attention. Sincerely , A . M. Higgins , Manager Corporate Real Estate CW ld 1 Attachments : General Warranty Deed Copy of Letter to City of Batesville cc; : The Honorable Mayor reyton Golden +' Mayor of Batesville Aft loom& _ $ AL THE GENERAL TIRE & RUBBER COMPANY kk=TIRE INDUSTRIAL PRODUCTS DIVISION P.O. BOX 2237 BATESVILLE, ARKANSAS 72501 + (501) 793-9831 November 30, 1979 Honorable Mayor Batesville City Hall Batesville, Arkansas 72501 Subject: Conveyance by The General Tire & Rubber Company of 3 . 85 acres to the City of Batesville Dear Mayor Golden :_ As a result of our meeting this date, The General Tire & Rubber Company; in an effort to establish a mutually beneficial relationship with the City of Batesville, agrees that it will convey into escrow during the week of December 3 Ita General Warrantee Deed naming the City of Batesville as a W recipient for the conveyance of 3 . 85 acres of unimproved land . The aforesaid deed will not contain a reversionary clause, but will recite the consideration of the sale as $100 . The General Tire & Rubber Company will proceed to release the deed to the City upon an agreement with the Public Utilities Commission for the installation of the first phase of the city sewer line. The first phase comprising an extension of the sewer from its present termination to a mutually agree- able point immediately contiguous to the General Tire & Rubber Company property line. The installation of the first phase extension will be com- pleted within forty-five days from the date of transfer title of the 3.85 acres . It is agreed that the initial phase of the sewer extension to our property line shall ,be at the sole cost and expense, including tap- in fees , of either the City , of Batesville and/or the Public Utilities Commission . ALL AGREEMENTS CONTINGENT ON STRIKES,ACCIDENTS. OR DELAYS BEYOND OUR CONTROL QUOTATIONS AND PRICES SUBJECT TO CHANGE WITHOUT NOTICE NO CONTRACT VALID UNLESS IN WRITING AND SIGNED BY DULY AUTHORIZED OFFICER f J . GENERAL TIRE & RUBBER COMPAN A (W page 2 If the aforesaid agreement is acceptable to yourself, the City Council , and the Public Utilities Commission, please acknowledge by signing in the space provided below and have an authorized representative of the Public Utilities Commission attest . THE GENERAL TIRE & RUBBER COMPANY Industrial Products Division I arr H . Voge , P ant4an Batesville Facility Hereby agreed this date of November 30, 1979 : 4z! Pe to Go en, Mayor u c Uti � tles ommisslon