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1426RESOLUTION NO. ~~a A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A DEED REGARDING GEORGE KOCH SONS, INC. WHEREAS, Arkansas Statutes require a written Resolution of the City Council authorizing the Mayor and City Clerk to execute deeds for the conveyance of real property; and WHEREAS, George Koch Sons, Inc., as Assignee of Koch Industrial Equipment, Inc., has tendered final payment of the purchase price pursuant to a Lease and Agreement dated June 1, 1980, in conjunction with the City of West Memphis, Arkansas Industrial Development Revenue Bonds, - Delta Case Project, Series A, dated February 1, 1977, and has notified the City of West Memphis of its intent to execute the option to purchase as provided in said Lease and Agreement; and WHEREAS, George Koch Sons, Inc., desires to acquire all properties, both real and personal, including improvements therein, which were the subject of said Lease and Agreement and bond issue; and WHEREAS, said property is presently held in the name of the City of West Memphis, Arkansas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT the Mayor and City Clerk are hereby authorized to execute a deed and all other necessary instruments for the conveyance of the properties, both real and personal, which was the subject of said bond issue to George Koch n Sons, Inc. ADOPTED this ND day of February, 1995. SPONSORED BY: C~~%c~~ AL BOALS, Mayor RECEIVED CITY CLERK OFFICE DATE~~~ l cjci S_- 1: cE. 3 P.ti a~Tc,H for J WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: THAT the City of West Memphis, Arkansas, a municipal corporation organized under and by virtue of the laws of the State of Arkansas, by its Mayor and City Clerk, duly authorized by proper resolution of the West Memphis City Council, in consideration of the sum of One Hundred Dollars ($100.00), paid by George Koch Sons, Inc., an Indiana corporation, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the said George Koch Sons, Inc., an Indiana corporation, its successors and assigns forever, the following described land situated in the County of Crittenden, State of Arkansas: A part of Lots 1 through 15, all of Lots 16 through 30, in Block 28 of the George T. Kendal Addition, and all of Lots 1 through 15, and a part of Lots 16 through 30 in Block 29 of the George T. Kendal Addition; and a part of the South Half of vacated Madison Street lying adjacent thereto, and a part of the North Half of vacated Madison Street lying South of Lots 16 and 32 in Block 24 of said G.T. Kendal Addition less the West 48.48 feet of said North Half South of Lot 16 and Less the East 131.52 feet of said North Half South of Lot 32; and vacated Second Street lying between Blocks 28 and 29 aforesaid. ALL OF WHICH IS MORE PARTICULARLY DESCRIBED in the following tracts, to-wit: TRACT I: Commencing at the Northwest corner of the Southwest 1/4 of Section 18, Township 6 North, Range 9 East, at the intersection of the center lines of Jackson Avenue and Woods Street, West Memphis, Arkansas, thence South along the West line of said Section 18 a distance of 1, 325 feet to a point on the North line of Jefferson Avenue, which is also the Southwest corner of Lot 15, Block 27, Kendal Addition to the City of West Memphis, Arkansas; thence East along the said North line of Jefferson Avenue, which is also the South line of Blocks 27, 28 and 29, Kendal Addition, 598.48 feet to a point on the South line of Lot 15, Block 29, Kendal Addition, that is 48.48 feet East of closed Second Street, said last point being the point of beginning; thence North parallel with closed Second Street and along the East line of lands owned by Delta Case Company 425 feet to a point on the North line of closed Madison Avenue; thence East along the North line of closed Madison Avenue 120 feet to a point; thence South parallel with closed Second Street 42.5 feet to a point on the North line of Jefferson Avenue; that is also on the South line of Lot 30, Block 29, Kendal Addition, and which point is 131.52 feet West of closed Third Street; thence West along the North line of Jefferson Avenue and the South line of Block 29, Kendal Addition, West Memphis, Arkansas, 120 feet to the point of beginning, said lands being in the City of West Memphis, Arkansas. TRACT II: Commencing at the Northwest corner of the Southwest 1/4 of Section 18, Township 6 North, Range 9 East, at the intersection of the center lines of Jackson Avenue and Woods Street, West Memphis, Arkansas, thence South along the West line of said Section 18 a distance of 1,325 feet to a point on the North line of Jefferson Avenue; thence East along said North line of Jefferson Avenue a distance of 250 feet to the point of beginning; thence continued East on the North line of Jefferson Avenue 348.48 feet; thence North 400 feet to a point; thence West parallel with the North line of Jefferson Avenue 298.48 feet to a point; thence South 125 feet to a point; thence West parallel with the North line of Jefferson Avenue 50 feet to a point; thence South 275 feet to the point of beginning. TO HAVE AND TO HOLD the same unto the said George Koch Sons, Inc., and unto its successors and assigns forever, with all tenements, appurtenances and hereditaments thereunto belonging. And the City of West Memphis, Arkansas, hereby covenants with the said George Koch Sons, Inc., that it will forever warrant and defend the title to said lands against all claims and encumbrances whatever. IN WITNESS WHEREOF, the name of the grantor is hereunto affixed by its Mayor and its seal affixed by its City Clerk, this znc~ day of deb rcca.r.~ _ , 19~. CITY OF WEST MEMPHIS, ARKANSAS Grantor By : -~ ~'~ ~ ~.-~- AL BOALS, Mayor ATTEST: ;o"' / ~/' DAN CRAF' , C ' y e L -2- A C K N O W L E D G M E N T STATE OF ARKANSAS ~ ~ SS. COUNTY OF CRITTENDEN ~ Now on this day, came before me, a Notary Public, within and for the County aforesaid duly commissioned qualified and acting, AL BOALS, Mayor of the City of West Memphis, Arkansas, and DAN CRAFT, City Clerk, to me well known and acknowledged that they had executed the foregoing instrument in their respective capacity therein stated for the consideration, uses, and intents therein mentioned and set forth. WITNESS my hand and seal as such Notary Public this 2nd day of ~edr•avy , 19~• Notary P lic My Commission Expires: MY co~u~ssioH ~aww~s,tu~Y r, z~ox Amount of Tax: EXEMPT I certify under penalty of false swearing that at least the legally correct amount of documentary stamps has been placed on this instrument. GRANTEE OR AGENT THIS INSTRUMENT PREPARED BY: DAVID C. SHELTON, ATTORNEY AT LAW, P.O. BOX 1624, WEST MEMPHIS, ARKANSAS, 72303 Title not examined and no opinion given as to status of same. -3- U August 18, 1993 City of West Memphis Office of the Mayor P. O. Box 1728 West Memphis, AR 72301 R.F: City of_ West Memphis. AR Industrial Development Revenue Bonds, Delta Case Project, Series A, Dated February 1, 1977, (Koch Industrial Equipment, Inc. Assumption, Dated June 1, 1980) Dear Sir, Enclosed is an executed Release and Conveyance in connection with the above bond issue. As Trustee and Paying Agent, Mercantile Bank has received the final payment of principal and interest. This release will finalize and close this bond issue. If you have any questions, you may call me direct at 1-933-2222. You may want to have this Release and Conveyance recorded at the County Circuit Clerks's office for record. Thank you for your attention to this letter and release and for the opportunity to serve as Trustee and Paying Agent of this bond issue. Cordially yours, %' V - Gina 'Winchester Corporate Trust Account Specialist enclosures cc: George Koch & Sons, Inc. Attn: J.C. Oskins, Controller 10 South 11th Avenue Evansville, Indiana 47744 Irlercamile BanN P.O. DRAWER 6018 • JONESBORO, ARKANSAS 72403-6018 • (501) 935-5521 RELEASE AND CONVEYANCE RELEASE AND CONVEYANCE dated as of August 18, 1993, executed and issued by Mercantile Bank, Jonesboro, Arkansas, as Trustee (the "Trustee"). WITNESSETH: WHEREAS, the City of West Memphis, Arkansas (the "City") has issued its Industrial Development Revenue Bonds, Delta Case Project, Series A dated as of February 1, 1977, in the original principal amount of $500,000 (the "Bonds"); and WHEREAS, the Bonds were issued under and equally and ratably secured by a Trust Indenture dated as of February 1, 1977 (the "Indenture"), executed and delivered by the City to the Trustee, and recorded in the office of the Circuit Clerk and Ex Officio Recorder of Crittenden County, Arkansas, in Record Book 542 at Page 197; and WHEREAS, the First Supplemental Trust Indenture was made as of the 1st day of June, 1980, by and between the City of West Memphis, Arkansas and Mercantile Bank, Jonesboro, Arkansas, a banking association organized and existing under the laws of the State of Arkansas, executed and delivered by the City to the Trustee, and recorded in the office of the Circuit Clerk and Ex Officio Recorder of Crittenden County, Arkansas; and WHEREAS, the City, in the Indenture, did grant, bargain, sell, convey, mortgage, assign and pledge as security for the City's obligations under the Indenture, the following described property (hereinafter referred to as the "mortgaged property"): 1. The following described real estate and premises situated in Crittenden County, State of Arkansas, with all buildings, additions and improvements now or hereafter located thereon, together with the tenements, hereditaments, appurtenances, rights, privileges, and immunities thereunto belonging or appertaining, to wit. TRACT I: Commencing at the Northwest corner of the Southwest 1/4 of Section 18, Township 6 North, Range 9 East, at the intersection of the center lines of Jackson Avenue and Woods Street, West Memphis, Arkansas, thence South along the West line of said Section 18 a distance of 1, 325 feet to a point on the North line of Jefferson Avenue, which is also the Southwest corner of Lot 15, Block 27, Kendal Addition to the City of West Memphis, Arkansas; thence East along the said North line of Jefferson Avenue, which is also the South line of Blocks 27, 28 and 29, Kendal Addition, 598.48 feet to a point on the South line of Lot 15, Block 29, Kendal Addition, that is 48.48 feet East of closed Second Street, said last point being the point of beginning; thence North parallel with closed Second Street along the East line of lands owned by Delta Case Company, Inc. 425 feet to a point on the North line of closed Madison Avenue; thence East along the North line of closed Madison Avenue 120 feet to a point; thence South parallel with closed Second Street 425 feet to a point on the North line of Jefferson Avenue; that is also on the South line of Lot 30, Block 29, Kendal Addition, and which point is 131.52 feet West of closed Third Street; thence West along the North line of Jefferson Avenue and the South line of Block 29, Kendal Addition, West Memphis, Arkansas, 120 feet to the point of beginning, said lands being in the City of West Memphis, Crittenden County, Arkansas. TRACT II: Commencing at the Northwest corner of the Southwest 1/4 of Section 18, Township 6 North, Range 9 East, at the intersection of the center lines of Jackson Avenue and Woods Street, West Memphis, Arkansas, thence South along the West line of said Section 18 a distance of 1, 325 feet to a point on the North line of Jefferson Avenue; thence East along said North line of Jefferson Avenue a distance of 250 feet to the point of beginning; thence continued East on the North line of Jefferson Avenue 348.48 feet; thence North 400 feet to a point; thence West parallel with the North line of Jefferson Avenue 298.48 feet to a point; thence South 125 feet to a point; thence West parallel with the North line of Jefferson Avenue 50 feet to a point; thence South 275 feet to the paint of beginning, said lands being in the City of West Memphis, Crittenden County, Arkansas. 2. All machinery, equipment and other personal property of every kind and nature whatever acquired by the City and placed in the lands and improvements described in "1" above, or elsewhere, including, without limitation, all replacements and substitutions which become the property of the City pursuant to the provisions of the Lease Agreement (as defined in the Indenture) and; 3. Any and all other property of every kind and nature from time to time mortgaged, assigned and pledged as and for additional security under the Indenture; and WHEREAS, the City has provided for the discharge and satisfaction of the Indenture by paying or causing to be paid to the holders and owners of the Bonds and coupons appurtenant thereto, in the manner provided by the Indenture, the principal and interest due thereon, and by the payment of all other sums payable by the City under the Indenture; and WHEREAS, all conditions precedent to the satisfaction and discharge of the Indenture have been complied with; NOW, THEREFORE, the lien of the Indenture on the mortgaged property is hereby released and discharged in full and the estate conveyed by the Indenture to the Trustee is hereby reconveyed to the City and all such property held by the Trustee is hereby assigned and delivered to the City. IN WITNESS WHEREOF, Mercantile Bank, Jonesboro, Arkansas, as Trustee, has caused these presents to be signed in its name and behalf by its duly authorized officers, and its corporate seal to be hereunto affixed all as of the date first above written. MERCANTILE BANK Jonesboro, Arkansas TRUSTEE_ 1 By 7 / ,w~ ~~ ~i~,~~ ~ T: ecutive Vice-President Vice-President, Trust Officer MERCANTILE BAS; K OFFlCI~'~L SEJ~L JONESBORO, ~IRK~~NSAS ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF CRAIGHEAD Before me, a Notary Public duly commissioned, qualified and acting within and for the State and County aforesaid, appeared in 0~,, person the within named STEVE BAKER and JOHN C. FREEMAN , Vice-President, Trust Officer and Executive Vice-President, respectively, of Mercantile Bank, Jonesboro, Arkansas, to me personally 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 the Bank, and further stated and acknowledged that they had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 18th day of August, 1993. 1 /~ / rj', Not ry Public My Commission Expires: OFFICIAL SEAL ~~:~~'~ NORMA JANE CLAY ' NJT,9°'~ ~~ ;SAS G~AI~;icP,D CJ IdTY k1y Canelisslon Ez~ires: -~_ ~.,~