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Home My WebLink About1981-767-R �w RESOLUTION # 70 OF THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF BATESVILLE, ARKANSAS TO EXECUTE A CONTRACT WHEREIIN GENERAL TIRE & RUBBER COMPANY IS TO CONVEY 10.84 ACRES OF REAL ESTATE TO = CITY OF BATESVILLE AND A 3 FOOT IN WIDTH EASEMENT TO THE CITY OF BATESVILLE FOR Ali EXISTING SZVER LINE. BE IT RESOLVED BY THE CITY COUNCIL OF TfiE CITY OF BATESVILLE, ARKANSAS AS FOLLOWS: 1. That the City Council of the City of Batesville, Arkansas hereby authorize , the Mayor and City Clerk of the City of Batesville, Arkansas to execute an agreement by and between City of Batesville, Arkansas and the General Tire & Rubber Company. That a copy of said agreement is attached hereto and made a part hereof as though set out herein word for word. 2. That the City Council furthermore authorizes the Mayor and City Clerk to receive a Warranty Deed to the 10.84 acres of real estate described in said agreement and have the same recorded. 3. That the Mayor and City Clerk are also authorized to pay to General Tire & Rubber Company the sum of $100.00 in consideration for aforesaid real estate and they are also authorized to do any other acts on behalf of the City of Batesville, Arkansas as provided for in said agreement. ADOPTED this L;2 )' +L day of L 4 1981 �w APPROVED: , 4 SBti R. S IRF?ELL, MhYO1 ATTEST: LARRY d A CITY CLERK AGREEVENT rMIS AGMEENT made and entered into by and between the City of Batesville, State of Arkansas, hereinafter referred to as FIRST PARTY, and The General Tire & Rubber Company, an Ohio Corporation, its successors, transferee .l ti and assigns, hereinafter referred to as SECOND PARTY. FIRST PARTY acts by and through its Mayor, Jams Shirr-ell, after approval of the same by resolution of j� its City Council. SECOND PARTY acts by and through its corporate officers at its principal place of business being One General Street, Akron, Ohio 44329. FIRST PARTY, in consideration of the conveyance of 10.84 acres of I real estate, more or less, by SECOND PARTY, and more particularly described hereinafter, as well as an easement three (3) feet in width from SECOND PLTITY for access to the existing sewer line, agrees to and with SECOND PARTY as follows: (1) FIRST PARTY agrees to pay to SECOND PARTY the sum of $100.00. (2) FIRST PARTY agrees to continue to provide to SECOND PARTY sew4 and water service for SECOM PARI'Y'S manufacturing facility at rates not to exceed those being charged the majority of other industrial users. (3) FIRST PAM agrees to operate a landfill and garbage incineratpr with steam generating capabilities (hereinafter referred to as SYS=, 4) upon the lands conveyed by SECOND PARTY to FIRST PARTY. (4) FIRST PARTY agrees to maintain said SYSTE14 in such a manner Ei as to comply with all state, federal and local legal requirements. (5) FIRST PARTY agrees that SECOND PARTY shall not be responsible 1 for the failure of FIRST PARTY to met any legal requirements for said SYST14, -1 and that FIRST PARTY will hold SECOND PARTY harnaless for any damage or IJ abill y - resulting from the use and operation thereof. (6) FIRST PARTY agrees not to actively pursue the annexation into the City of Batesville the real property owned or occupied by SECOND PARTY which is adjacent to the real property described herein, said real property being real property with manufacturing facilities of SECOND PARTY located thereon; nor will FIRST PARTY institute, on its on initiative, annexation proceedings concerning the above said property, nor will it be a silent partne , to any movement to annex said property. It is the intention of tlie parties j} that annexation will occur only upon mutual agreement of the parties; provided that, the City of Batesville does not by this agreement contract or attempt to !i c ontract away any duty it or its agents or officials may have regarding any annexation matter brought before it by some third party, including surrounding property owners or the voters; all parties under-stand and agree that the City Page 1 of Batesville will faithfully perform its duties regarding annexation and take the necessary, unbiased steps as are required by statute if any annexation matter is brought to its attention by a third party or by the voters. SECOND PARTY, in consideration of the covenants and undertakings of FIRST PARTY as above set out agrees on its part as follows: (1) SECOND PARTY agrees to convey to the City of Batesville, Arkanfas, absolutely and in fee simple by General Warranty Deed, the following described property located in Independence County, Arkansas, subject to the conditions mentioned hereinabove, viz: A tract of land being part of the U4 1/4 of the SW 1/4 of Section 3 in Township 13 North Range 6 Tqest of the 5th PM in Independence County, Arkansas more particularly described as follows: Commencing at the Southeast corner of said IM 1/4 SW 1/4; thence run N 01 degree 3310011W, a distance of 1,011.00 feet to a fence corner; thence run N 87 degrees 50'00"W, a distance of 255.85 feet to the Point of Beginning in the Centerline of a Sanitary Sewer Easement; thence run S 01 degree 31121"W along said Centerline, a distance of 680.00 feet to a �w point; thence run N 89 degrees 3211011W a distance of 758.25 feet; thence run South 84 degrees 3814311W a distance of 100.00 feet; thence run South 69 degrees 38113"W a distance of 95.56 feet to a point on the East R/W line of a Mo-Pac RR Spur; thence run North 35 degrees 09100"E along said East RAW line, a distance of 662.63 feet; thence ran N 35 degrees 40100"E along said East R/W Line, a distance of 100.00 feet; thence run N 37 degrees 15'00t'E along said East RA line, a distance of 100.00 feet; thence run N 40 degrees 30'00"E along said East R/W line a distance of 39.70 feet to a point in a fence; thence run S 87 degrees 50'00"E along said fence a distance of 439.65 feet to the Point of Beginning. Containing 10. 84 acres, more or less. Subject to any existing restrictions, easements, reservations, rights of way, and conditions of record. (2) SECOND PARTY agrees to grant to the City of Batesville, ArkansLs, a perpetual easement three (3) feet in width at a mutually agreeable location for the purpose of ingress and egress to the existing sewer line located on th� real property of SECOND PARTY and in order that FIRST PARTY may service, maintain, repair and keep said sewer line in proper operating order at its �w sole cost. All real estate taxes and assessments for the current year in which the closing of the sale occurs shall be apportioned, and prorated between the parties hereto as of the date of transfer of title using the valuation and rate shown on the last published County Treasurer's tax duplicate. Page 2 �, I IN 'WITNESS WHEREOF, The parties hereto have hereunto set their hands in duplicate through their agents mentioned hereinabove on the day of 1981. '.'rPARTY y 0 IT,.$' CITY OF BATESVILLE SECOND PARTY THE GENEyTLF & RUBBER COMIANY BY: R, S. SALE14--GROUP VICE PRESIDENT By. i A. BPNSKY-, ASS X. SECRETARY CORPORA TJ"ACCKN2?�=GY1ENT Ii STATE OF OHIO ss. COUNTY OF SM1,1IT) (W BEFORE 1E, a Notary Public in and for said county, personally appeared the above named The General Tire & Rubber Company by S. Salem its Group Vice President and J. A. Bonsky its Assistant Secretary, who are personally known to m and who acknowledged that they did sign the foregoing instrument and that the same is the free act and deed of said corporation and the free act and deed of each of them personally and as such officer. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at Akron, Ohio, this day of. .-1 1981. j-!, ...�(_. .. r - _ . `,�j :�: , ,,..r" Not Public Iii CITY ACKNOWLEDGMENT_ STATE OF ARKANSAS ss. COUNTY OF INDEPENDENCE) BEFORE Iv E, a Notary Public in and1for the County, personally appeared the above named City of Batesville by its and its who are personally known to me and who acknowledged that they did sign the foregoing instrument and that the same is the free act and deed of said city and the free act and deed of each of them personally and as such officers. IN TESTIMONY WHEREOF, I have hereunto set my hand and offical seal at Batesville, Arkansas, on this 1-1 -r" day of 1981. Notary Public -e s �]y Cormussion Expires Page 3