HomeMy WebLinkAbout1978-717-R RESOLUTION
WHEREAS, Batesville Rubber Company ( "BRC" ) has exercised
its option to purchase the premises presently leased by the
City of Batesville ( "City" ) to BRC and the parties desire to
close this purchase;
WHEREAS in connection with this closing it is necessary
for the City to deliver a warranty deed in the form such as
is attached hereto identified as Exhibit " 1" , and also to
enter into a separate agreement, a copy of which is attached
hereto identified as Exhibit "2" , for the purpose of terminat-
(W
ing the lease between the City and BRC.
BE IT THEREFORE RESOLVED, that the Mayor of the City is
hereby authorized to execute and deliver said warranty deed
and also to execute said agreement.
DATED this day of (JC 1C['� � 1978.
CITY OF BATESVILLE
By:
ATTEST:
/ I n A,I I J.9A,City C 11 erk
L
I
WARRANTY DEED.
MONICI LIQ TY��
KNOW ALL MEN BY THESE PRESENTS:
That The City of Batesville, Arkansas. , , . ,
. . . . . . . . . . . . . . . .. . . . .
a corporation organized under and by virtue of the laws of the.State, of Arkansas, , , , , , , , , ,
. . . . . . . . . . . . . . . . .Olt C1erk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .City Council. . . . .
by its �and 914;Wduly authorized by proper resolution of
for the consideration of the sum valuable consider°ati.onT)ollars,
in hand paid by. . . . . . . . . . , Seilan, Inc., a Corporation
the receipt of which is hereby acknowledged, does grant, bargain, sell and convey unto the said
. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
successors
unto.its. . . . . . .h5ft and assigns forever, the following described land, situate in the County of
o,f'Se�ctiori'1baeToWrielii 13 Northe 1�ai rea�st�at�o-wjetsdr bPared 'sathe
f6116icw Half (�),
P , g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Beginning at a point on West line of Highway 167, said point being 106 feet
west and X59 feet and 10 " South from'the Quarter Section *corner. betxeen'$ectIbns
.3.and. 10, .00id pp M beteg alio, , ,t}le $gT�theaat corner of the Felts Motel Tract
(See deed recorded Book Y-6 Page 381); thence North 84 degrees West along the
Sopth line of,said. tract AnA.extension.thereof ,861.feet to .a point; thence South
200 feet to a point thence West 300 feet to s int; thence South 200�feet�to a
point; thence West11} feet, to, a ,point.0 n the,East right-of:way line of
Missouri-Pacific Railroad; thence along said East right-of-way line, �South� 36
to
degr�*F�s East.1300 feet ,and,$Qpt ,3.2 .dQgreap, Eaqt.1120 foet� tYTe Went right-of-
way line of Highway 167; thence along said West right-of-way line North 32 degrees
East, F00 feet; thence North 21 degrees,East 300 feet;, thence North 15 deErees East
1183 feet thence North 800 feet to the place of beginning, containing 5b.2�acres
more or ess.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....
TO HAVE AND TOL 4J* meu othesaid. . .Seilon.,. .Inc. , , , , , , , , , , , , , , , , ,,
successors
. . . and unto its . . . . . .bMW and assigns
forever, with all appurtenances thereunto belonging. And. ,it,does, , , , , , , , , , , , , , , , , , , , , , , ,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .hereby covenant with the said. . . . . . . . . . . . . . . .
Seilonx .?ncs,. . . . . . . . . . . . . . . . . . . . . . . . . . . . that . .it. . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
will forever warrant and defend the title to said lands against all claims whatever, except any
claims, of any.nature whatsoever. against,Arkansas Technical Industries, Inc.
. . . . . . . . . .
.� �
IN TESTIMONY WHEREOF, The name of the grantor is hereunto affixed by its
(W City Clerk
dent and its seal affixed by its WAvotmtA this. . . . . . . . . .day of. . . . . . . . . . . . . . . . . . . . . . .19 . . .
City, of Batesville, Arkansas L S.
. . . . . . . . . . . . . . . . . . . . . . .
Aye. . . . . . . . . . . . . . . . . . . . . .iKay'or . .L. S.
Attest
y U16PRA
(W
AGREEMENT
THIS AGREEMENT dated the A day of
197 , given by and between the City of Batesville, Arkansas
( the "City" ) , lessor, and Batesville Rubber Company ( "BRC" ) ,
Lessee,
W I T N E S S E T H:
In consideration of the exercise of the option to
purchase contained in the lease ( the "lease agreement" )
between the City and BRC, dated October 24, 1960, recorded
in Book L & C 15 at page 115 and Book L & C 15 at page 157,
in the office of the Circuit Clerk of Independence County,
Arkansas, and the payment of the sum of $306, 017 . 89 due as
the option purchase price, the receipt of which hereby is
acknowledged by the Lessor, and in further consideration of
the mutual agreements herein made, the parties agree as
follows:
1 . The lease heretofore executed between the Lessor
and the Lessee and hereinafter more particularly described,
hereby is terminated and cancelled and shall be of no further
force or effect and the parties hereto .release and relinquish
each other from any and all actions, causes of actions,
claims, demands or damages or liability of any nature whatsoever,
past, present or future, by reason of or arising out of or
existing in connection with the execution of said lease or
any of the terms or provisions thereof.
2. The lease referred to herein is that certain lease
dated October 24, 1960, executed by and between the Lessor
and the Lessee covering certain real property in the County
of Independence, State of Arkansas, more particularly described
as follows :
Part of the West Half (W 1/2 ) of Section Ten ( 10 ) ,
Township Thirteen ( 13 ) North, Range Six ( 6 ) West,
described as follows : Beginning at a point on West
line of Highway 167, said point being 106 feet West and
(W
659 feet and 10 1/2 inches South from the Quarter Sec-
tion corner between Section 3 and 10 , said point being
also the Southeast corner of the Felts Motel Tract,
( see Deed Recorded Book "Y-6" , page 381) ; thence North
84 degrees West along the South line of said tract and
extension thereof 861 feet to a point; thence South 200
feet to a point; thence West 300 feet to a point;
thence South 200 feet to a point; thence West 914 feet
to a point on the East Right-of-way line of Missouri
Pacific Railroad; thence along said East Right-of-Way
line, South 36 degrees East 1300 feet and South 32
degrees East 1120 feet to the West Right-of-Way line of
Highway 167; thence along said West Right-of-way line
North 32 degrees East 900 feet; thence North 21 degrees
East 300 feet; thence North 15 degrees East 483 feet;
thence North 800 feet to place of beginning, containing
56. 2 acres, more or less.
IN WITNESS WHEREOF, the City, acting by and through its
Council , has caused its corporate name to be hereunto subscribed
(W by Peyton Golden, its duly authorized M or, and attested
under its corporate seal by , its City
Clerk, and said Batesville Rubber Company has caused its
corporate name to be subscribed hereto by its duly authorized
President and/or Vice President, attested under its corporate
seal by its Secretary of Assistant- Secretary pursuant to a
resolution duly adopted by its Board of Directors, all being
done as of the year and date first above written.
CITY OF BATESVILLE , ARKANSAS
By
Mayor
ATTEST:
(W 1.4.,
Cit Clerk
BATESVILLE RUBBER COMPANY
By
President
ATTEST:
(W
Secretary
AGREEPIPNT/2.
ACKNOWLEDGMENT
STATE OF ARKANSAS )
) SS
COUNTY OF INDEPENDENCE )
On this day of , 197 , before
me, a Notary Public duly commissioned, qualified and acting,
within and for the State and County aforesaid, appeared in
person the within named Leroy W. Sigler and
President and Assistant Secretary, respectively, for
Batesville Rubber Company, an Arkansas corporation, to me
personally well known, who stated that they were duly authorized
in their respective capacities to execute the foregoing
instrument for and in the name and behalf of said Corporation,
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 197
Notary Public
My Commission Expires:
ACKNOWLEDGMENT
STATE OF ARKANSAS )
) SS
COUNTY OF INDEPENDENCE )
On this day of , 197 , before
me, a Notary Public duly commissioned, qualified and acting,
within and for the State and County aforesaid , appeared in
person the within named and
, Mayor and City Clerk,
respectively, for the City of Batesville, Arkansas, to me
personally well known, who stated that they were duly authorized
(W in their respective capacities to execute the foregoing
instrument for and in the name and behalf of 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 , 197
Notary Public
My Commission Expires: