1567RESOLUTION NO. x.56 j
A RESOLUTION TO APPROVE A CONTRACT TO SELL REAL
ESTATE FOR HIGHWAY PURPOSES AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT ON
BEHALF OF THE CITY OF WEST MEMPHIS.
WHEREAS, the Arkansas State Highway Commission has presented the City of West
Memphis a Contract to Sell offering to purchase the fee simple title to certain described real
property for $12, 500.00; and
WHEREAS, A.C.A. 14-54-302 authorizes municipal corporations to sell real estate and
provides that all contracts and conveyances shall be performed by the mayor and city clerk when
authorized by a resolution, in writing, approved by a majority vote of the city council present and
participating; and
WHEREAS, the City Council finds that the proposed Contract to Sell Real Estate for
Highway Purposes is in the best interests of the City of West Memphis and should be approved;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, THAT:
SECTION 1. The Contract to Sell Real Estate for Highway Purposes to the Arkansas
State Highway Commission is hereby approved for the following described real property:
Part of Lot 1, Block 4, Thompson's Third Addition to the City of West Memphis,
Crittenden County, Arkansas, more particularly described as follows:
Starting at the Northwest Corner of Lot 1, Block 4, Thompson's Third Addition;
thence North 89° 10' S2" East along the North line of Lot 1, Block 4, Thompson's
Third Addition a distance of 49.492 meters to a point on the Westerly proposed
right of way line of State Highway 191 for the point of beginning; thence continue
North 89° 10' S2" East along the North line of Lot 1, Block 4, Thompson's Third
Addition a distance of 8.617 meters to a point on the Westerly existing right of
way line of State Highway 191; thence South 00° 15' S9" East along said existing
right of way line a distance of 33.530 meters to a point; thence in a Southwesterly
direction along said existing right of way line on a curve to the right having a
radius of 25.665 meters a distance of 17.832 meters to a point; thence South 64°
21' 23" West along said existing right of way line a distance of 7.387 meters to a
point on the Westerly proposed right of way line of State Highway 191; thence
North 32 ° 27' 21 "East along said proposed right of way line a distance of 10.212
meters to a point; thence North O1 ° 14' 03" West along said proposed right of way
line a distance of 44.160 meters to the point of beginning and containing 388
square meters more or less.
SECTION 2. The mayor and the city clerk are hereby authorized to execute the Contract
to Sell Real Estate for Highway Purposes on behalf of the City of West Memphis.
ADOPTED this ND day of ~v i..~, 1998.
1~-C.
AL BOALS, MAYOR
ATTES .
C .I Y CLERK
?UL- 1-9$ `Q'ED 12:47 PNI CITY OF `~Y, MPHS UTILITY FAX hG, 501 732 7623
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FINANCE DEPAR'T`MENT
684 E. Cooper . p.o. 8ox 1868 . West Msmp}us, Arkansas ?2303.7888 . X501) 73x3355
FAX COVEF2 LETi'ER
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TO: NAME:
COMPANY:
SUBJECT:
FAX:
DATE:
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NUMBER Of PAGES INCLUDING COVER SHEET: _~
FROM: ROBERT GUNTER
FINANCE DIRECTOR
CITY OF WEST MEMPHIS
FAX N0. (87Ry 732-7623
lF ANY ~'ROBLEMS OCGUFi DURING TRANSMISSION PLEASE CALL (870)
735-3385 OR (870) 732-76133.
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DUI.- 1-y8 iNED 12: a7 PM CITY OF LN, bIPHS UTILITY FAX td0. 501 732 7623 P, 2
ARKANSAS STATE HIGHWAY
AND
'r'RArTSP~R'TATIQN DEPARTMENT
~ ,.NO +~
Ain Flowers '~~Fq •~ P.O. Box 2261
Director r ~~O +~ I.itde Rock, Arkansas 72203-22bi
Telephone (50t) 569-2000 r~,h ~, 'I'elefaz (50t) 569-2400
;ir ~N~
City of West Memphis
P.O. Box X728
West Memphis, Arkansas 72301.
Dear Property Owner(s):
~ i- s~
Job 1,10070
~Rlv-001${30}
Hwy. 70 -Ten Mile Sayou (Hwy. 191}
Crittenden County
~'ract: 4
A negotiator for the Arkansas State Highway Commission has presented to you a
Contract to Sell offering to purchase the fee simple title to your property needed for
highway purposes. A description of the property is attached.
The following buildings, structures, and other improvements, including fixtures located
upon the lands needed are as follows: Concrete Paving, Landscaping (3 trees).
In the event you desire to retain any of the building, structures ar other improvernexlts,
including fixtures, listed above for salvage value of ~-0- you must do sa prior to the date
of closing of a Contract to Sell or eminent domain proceedings.
The offer of $12,250.00 is based on the opinion of a gnalified real estate appraiser. The
offered amount is based on the market value concept and is broken down as follows:
$12,250.00 as just compensation for the realty tv be acquired and $-0- for damago to the
remaining lands.
Should you elect to accept this offer, the State will determine if you can convey a
merchantable title, and if so, a proper deed conveying the land to the Arkansas State
Highway Department will be prepared and you will be paid the amount contained in the
written offer.
rUI- 1-9$ ~NED 1248 PIS CITY OF 4V, MPHS UTILITY FAX t~0, $Ol 732 7623 P, 3
Page 2
If you ntakc a final rejection of this offer, and if the Arkansas State Highway Department
elects to do so, a condemnation suit will be filed and the amount that the Arkansas State
Highway Department has determined to be estimated just compensation for your property
will be deposited into the Registry of the Circuit Court of the County. You may at this
tune elect to accept the amount deposited as just compensation for your property. If you
elect to do so, the Circuit Court will be asked to enter Judgment in the sum of the
estimated just compensation and this amount will be paid to you thereby disposi~~g of the
condemnation suit.
if you do not elect to accept the amount deposited as estimated just compensation, then
you may withdraw the amount placed on deposit as estimated just compensation without
prejudice to your x•ights to claim additional compensation. In this event, you will be
entitled to a trial by jury by the Circuit Court of the County in wltich your lands are
situated to deterniine just compensation for your lands condemned.
In either event, payment of the estimated just compensation will be made available to you
prior to vacating youx• property.
Xours truly,
James D. Gaither, Chief
Right of Way Division
1DG:mb
~UL- 1-98 WED 12:46 PNi CITY OF W, MFHS UTILITY FAX IdO, 5~~1 732 7623 P, 4
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JOB NAME Highway 70 -Ten Milc Bayou JOF3 110070 '
TRACT 4
FAP BRN-oa18(3a)
CON RACT TO SELL
REAL STATE FOR HIGHWAY PURPOSES
Grantor City of West Memphis
Address l~.o. Box 1'128, West Memphis, Arkansas 72301
Crrantce: ARKANSAS STATE HIGHWAY COMMISSION
IN CONSIDERATION of the benefits that will inure to the Grantor(s) and the
public, the undersigned does hereby give and grant to the Arkansas State Highway
Conunission, an agency of the State of Arkansas, upon the terms and conditions
hereinafter stated, the right to purchase the following described real estate, save and
except the oil and gas only therein and thereunder, situated in the County of Crittenden,
State of Arkansas, to wit:
LEGAL DFSCRIPTIQN
Part of Lot 1, Block 4, Thompson's Third Addition to the City of West Memphis,
Crittenden County, Arkansas, more particularly described as follows:
Starting at the Northwest Corner of Lot 1, Block 4, Thotnpson's Third Addition; thence
North 89° 10' S2" East along the North line of Lot 1, Block 4, Thompson's Third
Addition a distance of 49.492 meters to a point on the Westerly proposed right of way
line of State Highway 191 for the point of beginning; thence continue Notch 89° 10' S2"
East along the North line of Lot 1, Block 4, Thompson's Third Addition a distance of
$.61? meters to a point on the Westerly existing right of way line of State Highway 191;
thence South 00° IS' S9" East along said existing right of way line a distaace of 33.530
meters to a point; thence in a Southwesterly direction along said existing right of way line
on a curve to the right having; a radius of 25.665 meters a distance of 17.$32 meters to a
point; thence South fi4° 21' 23" West along said existing right of way line a distance of
7.3$7 meters to a point on the Westerly proposed right of way line of State 1Iighway 191;
thence North 32° 27' 21" East along said proposed right of way line a distance of 10.212
meters to a point; thence North 01° 14' 03" West along said propascd right of way line a
distance of 44.160 meters to the point of beginning and containing 388 square meters
more or less.
LS/11
2/9!98
?UI,- 1-9$ ~NED 1:49 PM CITY OF sN. MPHS UfiII,ITY FdX h0. 501 ?32 7623 P, 5
W]<LL GIVE
RETAIlVED ACTUAL
APPRAISED BY AMOUNT POSSESSION OF
SALVAGE GRANTOR OF BQNI7 iMPROVF,IVII/NTS
IMPROV1rNI11N'rS VALUE ~ REQUIRED RETAINED
YES NO
Concrete Pavin -0~ -0- At closin
Landsca in 3 trees -4- -0- At closin
Grantor(s) agrees that the items checked far removal far salvage will be removed on or
before _ 30 days after closing and expressly waives all claims for damage, injury or loss on
account of such removal by him, ar removal after this date by the Arkansas State I-Iighway
Commission, due to failure of Grantor(s) to complete removal by the designated date.
APPRAISID VALUE of Real Estate Including Damages to Remainder $ 12 250.04
LESS SALVAGE VALUE -IMPROVEMENTS RETAINED $
NET PAYMENT DUE $
The Grantor(s) agrees to put up bond at the time of closing of this transaction for the
removal of improvements retained, in the amount of $
Grantor(s) fiarther agrees neither to sell nor encumber the said real estate during the ternct
of the Contract to Sell. In the event that any buildings, fixtures, appurtenances, or other
improvements are to pass to and become the property of the Commission in connection with the
real property herein covered, Grantor(s) agrees to keep the same in good condition without
waste, damage or destruction. Grantor(s) also agrees to allow the Comimission perntission to
enter upon that part of the remaining property necessary for the sole purpose of removing any
improvements acquired by the Commission, which lies outside the right of way, and not retained
by the Grantor, ar for the removal of foundations of improvements which are retained.
The Commission shall !rave the irrevocable right to exercise the "Contract to Sell" at any
time wittun (90) days from date; and it is agreed that if, within the time about specified, the said
Commission shall declare its intention to exercise this "Contract to Sell", including the right to
purchase the said land, the Grantor(s) will sign and execute a Warranty Deed when presented by
the Commission and receive payment of the stated "Net Payment Due" from the said Commission,
less any amount that may be found due and payable to any mortgagee- Unless stated to the
contrary herein the conveyance shall inciude buildings, improvements, and appurtenances to the
land described. Tt is expressly understood that the said commission shalt not be obligated further
unless stated herein to wit;
It is understood and agreed that closing costs wil4 not accure to the Grantor(s) as the
~ Grantee's Attorney will prepare the necessary documents for closing and the Grantee will pay the
r.~ar „f reLnrdinsr all instruments conveying title to the Arkansas State Highway Commission.
UL- 1-96' U~1ED 12~ 60 PSI CITY OF 4V, MPHS UTILITY FAX Idu, 501 732 7623 P, 6
1~To person lawfully occupying real property shall be required to move from a dwelling,
business ar farm operation without 30 days written notice Pram the date of payment of the
consideration set forth herein.
The Arkansas State Highway Commission is hereby authorized and directed to make
payment of the purchase funds for the conveyance to
Dated this aay
Signature
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Signature
SS# .-
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Signature
Signature
SS#
ACKNOWLEDGMENT
STATE OF )
SS
COUNTY )
I3E IT REMEMBERED, that on this day came before the undersigned, a Notary Public,
within and for the County aforesaid, duly commissioned and acting
to me well known as the Grantor(s) in the foregoing Contract to Sell and State that~has
executed the same for the consideration and purposes therein mentioned and set forth,
WITNESS my hand and seal as such Notary Public day of
19
NOTARY PUBLIC
MY COMMISSION EXPIRES'
i