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HomeMy WebLinkAbout2020-08-02-R RESOLUTION # L C)- O�'00--R A RESOLUTION AUTHORIZING THE SALE OF A TWO ACRE LOT ON THE WEST SIDE OF THE BATESVILLE POLICE DEPARTMENT WHEREAS, the City of Batesville currently owns a tvo acre paved parking lot on the west side of the Batesville Police Department; and WHEREAS, Bad Boy Mower wishes to purchase said property in order to facilitate expansion of their production capacity; and WHEREAS, Batesville Police Department does not currently use said lands; and WHEREAS, the City of Batesville is committed to the continued success and growth of our local and regional businesses. NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,ARKANSAS SECTION 1: The City of Batesville hereby authorizes the sale of the 2 acre parking lot, more or less on the west side of the lot where the Batesville Police Department is located at 51 Industrial Drive, Batesville, Arkansas for the purchase price of$200,000, more or less to Bad Boy Mower. The City agrees to pay for the title commitments, and the parties shall split any further closing costs. PASSED AND APPROVED thisl th day of August,2020. Rick Eluc���� Mayor City of Batesville ATTEST: Denise Johnston City Clerk City of Batesville OFFER AND ACCEPTANCE Q ,20j�Q 1. The undersigned, herein called the Buyer, offers to buy, subject to the terms set forth herein,the following property: (If additional space is needed, use back side.) -1,0L P�U S '(vxQ_ 1 L 6 S - S 6 ; Pt�Pl,C\�bi� 2. The Buyer will pay $ a vU for the property, $ in cash and the balance of $ as follows: 3. Special conditions: of L(} ] 1 j '1 t� �tuc 4. Conveyance shall be made to Buyer,or as directed by Buyer, by general warranty deed except it shall be subject to recorded restrictions and easements,if any. 5. Title insurance shall be obtained reflecting merchantable title satisfactory to Buyer. If objections are made to title, Seller shall have a reasonabletime to et the objections to clear title satisfactory to Buyer. Closing cost shall be handled as follows: S 6\\tW 100���"d 1 tM 6- Gr,n{ , I T F^6,'A 91?1-1 Tl Izs ti b ,_Is 3 W�iE'a(l 0, 154-r) il�s 6. Buyer herewith tenders$ 0 as earnest money, to become part of purchase price upon acceptance. This sum shall be held by the title agent and if offer is not accepted or if title requirements are not fulfilled, it shall be promptly returned to Buyer. If,after acceptance, Buyer fails to fulfill his obligations,the earnest money may become liquidated damages, which fact shall not preclude Seller from asserting other legal rights which they may have because of such breach. 7. Taxes and special assessments, due on or before the closing date shall be paid by the Seller. Current general taxes and special assessments shall be pro-rated as of closing date based upon the last tax statement. Insurance, interest and rental payments shall be pro- rated as of closing date. 8. Seller shall vacate the property and deliver possession to Buyer on or before �fZ>0 0 lays after the closing date. Seller agrees to pay rent to Buyer at the rate of$ 01 IN per day until possession is given after closing date. 9. Buyer certifies that he has inspected the property and he is not relying upon any v�arranties, representations or statements of the Agent or Seller as to age or physical condition of improvements. The risk of loss or damage to the property by fire or other casualty occurring up'to the time of transfer of title on the closing date is assumed by Seller. 10.This offer is binding ipon qyyer if accepted within days from Date. Buyer 1117 + d rIn r Buyer / The above Offer is accepted on--9 / � ,20_JV. Seller Seller Johnson's Cutting Edge Surveying, LLC ` P.O.Box 3296,Batesville,AR 72503 KJLandSurvey@gmaii.com Cell:870-613-4131 LEGAL DESCRIPTION A 2.04 ACRE, MORE OR LESS, TRACT OF LAND BEING PART OF THE Sl/2 OF THE SEI/4 OF SECTION 4, TOWNSHIP 13 NORTH, RANGE 6 WEST, INDEPENDENCE COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SE]/4; THENCE N 01 00347" E A DISTANCE OF 681 .18 FEET TO A CALCULATED POINT; THENCE N 89012'25" E A DISTANCE OF 918.43 FEET TO A FOUND 1/2" REBAR, REPRESENTING THE POINT OF BEGINNING; THENCE N 00017'06" W A DISTANCE OF 400.35 FEET TO A FOUND 1/2" REBAR ON THE SOUTH RIGHT OF WAY OF INDUSTRIAL DRIVE; THENCE, ALONG SAID SOUTH RIGHT OF WAY, S 87050'56" E A DISTANCE OF 127.38 FEET TO A CALCULATED POINT; THENCE, ALONG SAID SOUTH RIGHT OF WAY, WITH A CURVE TURNING TO THE LEFT, HAVING AN ARC LENGTH OF 102.48 FEET, HAVING A RADIUS OF 930.00 FEET, HAVING A CHORD BEARING OF N 88059'39" E, AND A CHORD LENGTH OF 102.43 FEET TO A SET 1/2" REBAR; THENCE, LEAVING SAID SOUTH RIGHT OF WAY AND ALONG A ROW OF ORANGE POLES, S 01 034'47" W A DISTANCE OF 161.55 FEET TO A PLASTIC ORANGE POLE SET IN ASPHALT; THENCE, ALONG A ROW OF ORANGE POLES AND THE EXTENSION THEREOF, S 00007'29" E A DISTANCE OF 232.78 FEET TO A SET 1/2" REBAR; THENCE S 89012'25" W A DISTANCE OF 223.79 FEET BACK TO 7HE POINT OF BEGINNING OF SAID 2.04 ACRE, MORE OR LESS, TRACT. SURVEYOR'S CERTIFICATE I, KEATON B. JOHNSON, ARKANSAS LICENSED PROFESSIONAL SURVEYOR, NO. 1735, DO HEREBY CERTIFY THAT THIS PLAT REPRESENTS THE RESULTS OF A SURVEY MADE ON THE GROUND UNDER MY SUPERVISION. GENERAL NOTES THE ABOVE DESCRIBED TRACT IS SUBJECT TO ANY AND ALL RIGHTS-OF-WAY AND EASEMENTS THAT ARE OF RECORD AND WHICH ARE PHYSICALLY IN PLACE. ANY IMPROVEMENTS OR EASEMENTS SHOWN ARE THE RESULT OF A SURVEY AND THAT COULD BE REASONABLY OBSERVED ON THE GROUND. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES. ANY COORDINATES SHOWN WERE DERIVED FROM GPS OBSERVATION VIA THE AR. D.O.T. C.O.R.S. NETWORK. 1 O ZL 9 •,r br U'1 f � rJ r"�• gar 2, � O N 1 1411 ry .,J L � y r J1 p� ¢ �,,... Pse .. .- �'i �''��':P •fi. r__. .. ., ..,}. ii r O . T LEGEND INDEPENDENCE COUNTY,ARKANSAS These standard symbols will be found in the drawing. INDUSTRIAL DRIVE R930.00 O SET 112"REBAR W/CAP S 87•'50'56"E 127.38 A 102.48 112"REBAR PLASTIC ORANGE POLE IN ASPHALT h • CALCULATED POINT �o 01 RIGHT OF WAY MONUMENT 3 BOUNDARYLINE e 1O•'p 3L — - — TRAVERSE LINE � H Z 63 27�. CP 3.73 Acros e 'O O• CRY OF BATENILLE o N �o BAD BOY MOWERS o,o $ 2.04 ACRES o a o 1J o v IJ N N V S 89-12'25'W 918.43' S 89°1225"0 223.79' 31 N 89-12'25'E 390.14' T I I 1 _– I I I � 1081g* o°`� 5f AU fAUT P.O.C. 40 epeooeo o`C 51/4 CORNER OF 60 SLATE OF 13pp P ;�P••' •, •, ' •� � sa-rN-R6w ARKANSASoff, 0 AS No.1735 0�a Johnson's 9' `aNM�1 °off =OC : Cutting EdgeLLt y nQ rg LLC p O: Surveg, .O ?°oet�9�7-23-20 yQ2o°�6 Z e ° No 3714 7j114111111111111`II\ LEGAL DESCRIPTION A 2.04 ACRE,MORE OR LESS,TRACT OF LAND BEING PART OF THE 51/2 OF THE SET 4 OF SECTION 4,TOWNSHIP 13 NORTH,RANGE 6 WEST, INDEPENDENCE COUNTY,ARKANSAS,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SET/4; THENCE N 01 103'47"E A DISTANCE OF 681.18 FEET TO A CALCULATED POINT; THENCE N 89°12'25"E A DISTANCE OF 918.43 FEET TO A FOUND 1/2"REBAR,REPRESENTING THE POINT OF BEGINNING; THENCE N 00°1 T06"W A DISTANCE OF 400.35 FEET TO A FOUND 1/2"REBAR ON THE SOUTH RIGHT OF WAY OF INDUSTRIAL DRIVE: THENCE,ALONG SAID SOUTH RIGHT OF WAY,S 87°50'56"E A DISTANCE OF 127.38 FEET TO A CALCULATED POINT; THENCE,ALONG SAID SOUTH RIGHT OF WAY,WITH A CURVE TURNING TO THE LEFT,HAVING AN ARC LENGTH OF 102.48 FEET,HAVING A RADIUS OF 930.00 FEET,HAVING A CHORD BEARING OF N 88°59'39"E.AND A CHORD LENGTH OF 102.43 FEET TO A SET 1/2"REBAR; THENCE,LEAVING SAID SOUTH RIGHT OF WAY AND ALONG A ROW OF ORANGE POLES,S 01°34'47"W ADISTANCE OF 161.55 FEET TO A PLASTIC ORANGE POLE SET IN ASPHALT; THENCE.ALONG A ROW OF ORANGE POLES AND THE EXTENSION THEREOF,S 00°07'29"E A DISTANCE OF 232.78 FEET TO A SET 1/2"REBAR; THENCE S 89°12'25"W A DISTANCE OF 223.79 FEET BACK TO THE POINT OF BEGINNING OF SAID 2.04 ACRE,lAORE OR LESS,TRACT. SURVEYOR'S CERTIFICATE I,KEATON B.JOHNSON,ARKANSAS LICENSED PROFESSIONAL SURVEYOR.NO.1735.DO HEREBY CERTIFY I1iAT THIS PLAT REPRESENTS THE RESULTS OF A SURVEY MADE ON THE GROUND UNDER MY SUPERVISION. GENERAL NOTES THE ABOVE DESCRIBED TRACT IS SUBJECT TO ANY AND ALL RIGHTS-OF-WAY AND EASEMENTS THAT ARE OF RECORD AND WHICH ARE PHYSICALLY IN PLACE.ANY IMPROVEMENTS OR EASEMENTS SHOWN ARE THE RESULT OF A SURVEY AND THAT COULD BEREASONABLY OBSERVED ON THE GROUND. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES.ANY COORDINATES SHOWN WERE DERIVED FR0.%,1 GPS OBSERVATION VIA THE AR.D.O.T. C.O.R.S.NETWORK. FOR THE USE AND BENEFIT OF: 0' 100' 200' BAD BOY MOWERS Johnson's Cutting Edge Surveying,UC BAR McASUR S 2 INCHES AT ORIGINAL SCALE DATE: DRAWN BY: P.O.Box 7296,B`o:esvlle,AR 72503 K JLcndS—ey@gmldl.ccm 7 23-2020 K.JOHNSON Cell:870-613-=131 SURVEY CODE: J08 NUMBER: PAGE: - ` C-13N-06W-3-04-200-3^_-1735 500-1735-00301 1 OF 1 Mtn Associates Ltd. _ _ _ _ nater molirces I enr'ron,nental rons0wts 3 hir,1,n�3�9 Circle, ;«ate t' R-1 22•9 1 225 '� 9 Suite c2Q•Little Rac ..a ,_,:� •{y 1} �,.•;'T9•Fax� D t t 25-6'30 August 7, 2020 Mr. Ryland Kieffer Bad Boy Mowers, Inc. 102 Industrial Drive Batesville, AR 72501 RE: Submittal of Phase I Environmental Site Assessment Report 2.04-Acre Parcel, Industrial Drive Batesville,Arkansas 72501 Independence County,Arkansas FTN No. 12390-2418-001 Dear Mr.Lancaster: FTN Associates, Ltd. is pleased to submit the enclosed copy of the Phase I Environmental Site Assessment Report for the 2.04-Acre site located on Industrial Drive, Batesville,Independence County,Arkansas. We have also included one electronic copy of the report on the enclosed flash drive. This Phase I Report did not identify Recognized Environmental Conditions (RECs)on the project property. If you have any questions or comments regarding this submittal, please do not hesitate to contact me or Nathan Siria at(501)225-7779. Respectfully submitted, FTN ASSOCIATES,LTD. Mark S. Koch Senior Project Manager MSK/ Enclosures R:\WPFFLES\12390-2418-001\2020-08-06 PHASE l ESA SAUBOY MOWERS\2020-08-07 F1'N L'I'R BAO BUY MOWERS SUB�nTTAL OF 2.04 ACRES rNDUS ALD VE PHASE 1 ESA.DOCX