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1276y RESOLUTION N0. /a 7 (~ A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A GIFT DEED FOR THE TRANSFER OF CERTAIN DESCRIBED REAL PROPERTY AND FURTHER AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A SPECIAL WARRANTY DEED TRANSFERRING THE SAME REAL PROPERTY TO TETRA TECHNOLOGIES, INC. WHEREAS, Allen Cox, III, Robert L. C'ox, Joel McDonald Cox, Mary Cox Garner and Sanford Garner have agreed to donate to the City of West Memphis, Arkansas, certain real property, more particularly described as set out in Exhibit "A" attached hereto, (the "Propertyy") in anticipation of the City's transfer of the Property to Tetra Technologies, Inc., and the industrial development of the Property; and WHEREAS, upon transfer of the Property to the City of West Memphis, Tetra Technologies, Inc., has agreed to purchase the Property from the City of West Memphis for the purpose of industrial development; and WHEREAS, the industrial development of the Property will greatly benefit the City of West Memphis by creating employment opportunities, increasing use of the port facilities, and attracting further industrial development, all of which are found to be in the best interest of the L'ity of West Memphis; and WHEREAS, the execution of the special warranty deed from the City of West Memphis to Tetra Technologies, Iric., should be authorized by the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: /""' `. 1. The Mayor is hereby authorized to accept on behalf of the City of West Memphis a gift deed for the transfer of the property described in Exhibit "A" attached hereto; 2. The transfer of the property described in Exhibit "A" from the City of West Memphis to Tetra Inc., is hereby approved, and upon transfe to the City of West Memphis, the Mayor and are hereby authorized to execute a special for the transfer of said property to Tetra Inc. Technologies, r of the property the City Clerk warranty deed Technologies, ADOPTED this 6th day of February, 1992. G~~--~- K ITH M. INGRAM, MAY R ATTEST: DAN CRAFT, C SPONSORED BY: ~-- EXHIBIT "A" A tract of land lying in the W 1/2 SE 1/4 of Section 25, Township 6 North, Range 8 East, being described as follows: Commencing at the northeast corner of the W 1/2 E 1/2 of Section 25, Township 6 North, Range 8 East, thence south 0 degree 22 minutes 21 seconds east along the centerline of south Avalon Street a distance of 3368.22 feet to the point of beginning; thence continue south 0 degree 22 minutes 21 seconds east along said centerline a distance of 600.0 feet; thence south 89 degrees 37 minutes 39 seconds west a distance of 800.0 feet; thence north 0 degree 22 minutes 21 seconds west a distance of 600.0 feet; thence north 89 degrees 37 minutes 39 seconds east a distance of 800.0 feet to the point of beginning, containing 11.02 acres, more or less, subject to a proposed 50.0 foot road right-of-way when annexed by the City of West Memphis, Arkansas. ,~-- .+,lr SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That the City of West Memphis, Arl~ansas, a municipal corporation organized under and by> virtue of the lac,Ts of the State of Arkansas, by its Mayor and City Clerk, duly authorized b,v proper resolution of the West Memphis City Council, in consideration of the sum of One Dollar 01.001, paid by Tetra Technologies, Inc., the receipt of which is hereby acknowledged, does hereby grant bargain, sell and convey unto the said Tetra Technologies, Inc., its successors and assigns forever, the following described land situated in the County of Crittenden, State of Arkansas: A tract of land lying in the W 1/2 SE 1/4 of Section 25, Township 6 North, Range 8 East, being described as follows: Commencing at the northeast corner of the W 1/2 E 1/2 of Section 25, Township 6 North, Range 8 East, thence south 0 degree 22 minutes 21 seconds east along the centerline of south Avalon Street a distance of 3368.22 feet to the point of beginning; thence continue south 0 degree 22 minutes 21 seconds east along said centerline a distance of 600.0 feet; thence south 89 degrees 37 minutes 39 seconds west a distance of 800.0 feet; thence north 0 degree 22 minutes 21 seconds west a distance of 600.0 feet; thence north 89 degrees 37 minutes 39 seconds east a distance of 800.0 feet to the point of beginning, containing 11.02 acres, more or less, subject to a proposed 50.0 foot road right-of-way when annexed by the City of West 1`Iemphis, Arkansas. TO HAVE AND TO HOLD the same unto the said Tetra Technologies, 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 Tetra Technologies, Inc., that it will forever warrant and defend the title to said lands against all claims and encumbrances done or suffered by or through it, but against none other. IN WITNESS WHEREOF, the name of the grantor os hereunto affixed by its Mayor and its seal affixed bs- its City Clerk , th i s ~_ day o f _3~~uw~u __ 19 9 2 . CITY OF WEST TIE~IPHIS, AR~iANSAS Grantor .~ By ; JV l _\ I EITH 1. INGRA~I, May ATTEST: DAN CRAFT, City Clerk This instrument prepared by: DAVID C. PEEPLES CITY ATTORNEY P. O. Box 1728 West Memphis, AR 72303 4 ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF CRITTENDEN On this the day of 1992, before me, the undersigned Notary Public, personally appeared Keith M. Ingram, Mayor, and Dan Craft, City Clerk, of the City of West Memphis, Arkansas, a municipal corporation, knocan to me or satisfactorily proven to be the persons described in the foregoing instrument, and acknowledged that they executed the same in the capacity therein stated and for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. NOTARY PUBLIC MY COMMISSION EMPIRES: Amount of Tax: ~ EXEMPT I certify under penalty of false swearing that at least the legally correct amount of documentary stamps have been placed on this instrument. GRANTEE OR AGENT