HomeMy WebLinkAbout2024-03-06-R RESOLUTION # -�.�'-
A RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTY FROM EASY
STREET LEASING, LLC.
WHEREAS, the City of Batesville wishes to encourage the health and well-being of its
citizens and visitors; and
WHEREAS, the City currently plans to extend its walking trail along the White River; and
WHEREAS, that Easy Street Leasing, LLC wishes is agreeable to selling 1.34 acres for said
walking trail to the City of Batesville.
NOW,THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE
CITY OF BATESVILLE,ARKANSAS
SECTION 1: That the City of Batesville hereby authorizes the purchase of the 1.34 acres
per the terms of the attached Memorandum of Understanding and proposed Deed with Restrictive
Covenants, from Easy Street Leasing,LLC for the purchase price of$10,000,more or less.
PASSED AND APPROVED thisdg�h day of March, 2024.
Rick Elumbaugh, M or
ATTEST:
Denise Johnston, City CldA
MEMORANDUM OF UNDERSTANDING
BETWEEN OZARK MOUNTAIN POULTRY, INC.
AND
THE CITY OF BATESVILLE, ARKANSAS
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into effective as of
March , 2024(hereinafter, the "Effective Date"), by and among Ozark Mountain Poultry,
Inc., an Arkansas corporation("OMP") and the City of Batesville, a municipality existing under
the laws of the State of Arkansas(the"Cily"together with OMP, each a"Party" and collectively
the"Parties").
WHEREAS,the City and OMP both desire to support community development projects with quality
of life and economic benefits for the City's residents.
WHEREAS,the City is planning a community development project that includes an expansion of the
City's trail system in an effort to connect downtown areas of the City to Riverside Park (the "Trail
Project").
WHEREAS,in City has asked OMP to convey title to an approximate 1.34 acre tract of land to the
City(the"Parcel")in support of the Trail Project for the City's use in constructing a portion of the trail
across the Parcel and then alongside Southerland Drive in close proximity to OMP's processing plant
(the"Plant")including areas where live birds are transported to the plant and where wastewater from
the plant is treated before being discharged to the City's municipal wastewater treatment plant (the
"Area of Interest").
WHEREAS,OMP desires to support the Trail Project but has raised concerns that some residents and
tourists using the trail may react negatively to perceived Plant-related conditions they may observe or
experience within the Area of Interest due to nearby and preexisting manufacturing and industrial
activities.
WHEREAS,OMP has encouraged the City to evaluate alternative routes for the Trail Project but the
City maintains that no feasible alternative route exists;
WHEREAS, given the City's position that extending the trail into the Area of Interest is the only
available option for completing the Trail Project, OMPs has requested, and the City has agreed to
provide,certain assurances in this MOU in response to OMP's concerns;
NOW THEREFORE,for good and valuable consideration,the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
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1. Conveyance of the Parcel. OMP agrees to sell the Parcel to the City for the sum of
ten thousand dollars($10,000.00)payable at a closing to occur on or before May 1,2024 or such other
date mutually agreed to by the Parties. The City shall provide a survey of the Parcel acceptable to
OMP prior to the closing. All closing costs and expenses related to the survey shall be paid by the
City.
2. Visual Barriers. The City shall, at its sole expense, plant, maintain and replace
when necessary, a line of approximately one hundred and twenty Emerald Green Aborvitae trees
(or a similar variety approved by OMP)between the trail and the Plant in the Area of Interest in
accordance with the landscape plan attached hereto as Exhibit A to provide a visual and sound
barrier for users of the trail as they travel alongside the Plant. At the time of planting, the trees
shall be a minimum height of two feet and separated by approximately ten feet. The trees shall
be watered and maintained by the City in a such a manner to grow at maturity to an average height
of approximately fifteen feet and an average width of five feet. The commitments made in this
Section 2 of the MOU shall be included as covenants running with the land in the deed recorded
in connection with the conveyance of the Parcel.
3. Acknowledgment of OMP's Pre-Existing Use. The City acknowledges that the
Plant and OMP's operations predate the Trail Project. The City's decision construct trails in the Area
of Interest which is anticipated to bring residents and tourists more frequently in close proximity to the
OMP's operations at the Plant was made by City officials with full and adequate knowledge of the
conditions individuals may observe or experience within the Area of Interest due to nearby and
preexisting manufacturing and industrial activities. OMP makes no covenants, representations or
warranties to the City or any third parties herein or in connection with the conveyance of the Parcel
about the nature and scope of its current or future business operations or practices associated with the
Plant. Notwithstanding the Trail Project,OMP reserves all rights to operate,expand and/or modify its
business operations and practices associated with the Plant in compliance with all applicable laws and
regulations.
4. Covenant Related to City Actions. The City shall not under common law or under
current or future laws, regulations or ordinances seek to impose fines, injunctions or other legal
remedies against OMP, or its parent, subsidiary or affiliate companies, based upon observations or
complaints related to allegedly annoying or offensive sights,sounds,odors or fugitive dust emissions
perceived to adversely impact the use and enjoyment of the trail in the Area of Interest. This MOU
shall not affect the rights or remedies of individuals or entities other than the City and its political
instrumentalities. All claims, rights and remedies available to the City, now or in the future, as to
conditions beyond the Area.of Interest are expressly reserved and shall not be affected by this MOU.
5. Execution and Delivery. It is the intent of the Parties that this MOU may be
executed in multiplecounterparts and that PDF or other electronic delivery of signatures shall be
sufficient to bind the parties hereto.
[signatures on following page(s)]
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IN WITNESS WHEREOF, the parties have entered into this MOU effective as of the Effective
Date, through the respective signature of each Party and/or its duly authorized officer.
CITY OF BATESVILLE, ARKANSAS OZARK MOUNTAIN POULTRY, INC.
'ck Elum ayor Robert W. George, SVP Legal, Human
Resources and Environmental, Health and
Safety
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(Date) (Date)
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EXHIBIT A—Landscape Plan for Tree Barrier
qua PLANT SCHEDULE
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