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15017 1 RESOLUTION NO. 15,017 2 3 A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK TO 4 EXECUTE ANY DOCUMENTS NECESSARY TO CONVEY 5 APPROXIMATELY THREE (3) ACRES OF PROPERTY LOCATED AT 6 9404 YOUNG ROAD, LITTLE ROCK, ARKANSAS, TO FRANCISCO 7 ' ESPINOZA; AND FOR OTHER PURPOSES. 8 9 WHEREAS, in 2016, the City of Little Rock, Arkansas, acquired approximately 318 acres of land 10 from Roseleta Bartholomew for the benefit of the Little Rock Port Authority; and, 11 WHEREAS,the acquisition included two(2)small Real Estate Contracts for the sale of five(5)acres 12 of land which were transferred to the Little Rock Port Authority; and, 13 WHEREAS, one of the tracts of land contained three (3) acres and included a manufactured home 14 located at 9404 Young Road, Little Rock, Arkansas; and, 15 WHEREAS, the Little Rock Port Authority worked closely with Mr. Francisco Espinoza as he 16 continued to make monthly payments to fulfill the terms of the contract for the purchase of land located at 17 9404 Young Road, Little Rock, Arkansas; and, 18 WHEREAS,the Real Estate Contract has now been paid in full; and, 19 WHEREAS, the City of Little Rock, Arkansas, for the benefit of the Little Rock Port Authority 20 conveys the three(3)acres located at 9404 Young Road, Little Rock, Arkansas,to Mr. Francisco Espinoza 21 by Quitclaim Deed, in a form and manner approved by the City Attorney, similar to Exhibit A, attached 22 hereto and made a part thereof. 23 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 24 OF LITTLE ROCK,ARKANSAS: 25 Section 1. The Mayor and City Clerk are authorized to execute any necessary documents, in a form 26 acceptable to the City Attorney, in a form similar to Exhibit A,attached hereto and made a part thereof, for 27 the conveyance of approximately three (3) acres of land located at 9404 Young Road, more particularly 28 described as follows: 29 DESCRIPTION: PART OF THE SE '/4 NWY4 SECTION 34, T-1-N, R-11-W, IN 30 PULASKI COUNTY, ARKANSAS, more particularly described as follows: 31 commence at the southeast corner of said SE1/4 NW 1/4, thence north along east line 32 of said SE1 /4 NW1/4, 256. 7 feet; thence West 263. 7 feet to the point of beginning; 33 thence continue West 630.3 feet; thence N 6°27'45" W, 208.7 feet to the point of 34 beginning, containing 3.0 acres, more or less. Subject to any easements of record l Page I of 61 1 that may be found in a full and completed title search. Also known as 9404 Young 2 Road,Little Rock,Arkansas,72206. 3 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 4 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 5 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 6 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 7 resolution. 8 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same,that are inconsistent with 9 the provisions of this resolution, are hereby repealed to the extent of such inconsistency. 10 ADOPTED: July 9,2019 11 ATTEST- APPROVED: APPROVED: 12 �. ;_ 13 lik7v Li 14 usan .1.ng'• ' City Clerk Frank Scott,Jr.,Ma 1 15 APPR VED 1 11. 0 LEGAL FORM: 16 17 PIAA- 0'7 V - 18 Thomas M. Carpenter,City Attor y 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // [Page 2 of 61 1 Exhibit A 2 3 4 THIS INSTRUMENT REARED 5 BY, AND AFTER RECORING, 6 RETURN TO: 7 8 9 10 11 12 QUITCLAIM DEED 13 14 KNOW ALL PERSONS BY THESE PRESENTS: 15 16 THAT CITY OF LITTLE ROCK, ARKANSAS, FOR THE USE AND BENEFIT OF THE 17 LITTLE ROCK PORT AUTHORITY ("Grantor"), for and in consideration of the sum of Ten Dollars 18 ($10.00) and other good and valuable consideration, in hand paid by FRANCISCO ESPINOZA, an 19 individual("Grantee"),the receipt of which is hereby acknowledged, does hereby convey and quitclaim unto 20 Grantee,and unto its successors and assigns forever,all right,title and interest of Grantor, if any, in and to that 21 certain real property situated in Pulaski County, Arkansas, more fully described as: 22 23 PART OF THE SE 1/4 NW% SECTION 34, T-1-N, R-l1-W, IN PULASKI COUNTY, 24 ARKANSAS, more particularly described as follows: Commence at the southeast cor- 25 ner of said SE1/4 NW '/4,thence north along east line of said SEI /4 NW1/4,256. 7 feet; 26 thence West 263.7 feet to the point of beginning;thence continue West 630.3 feet;thence 27 N 6°27'45" W,208.7 feet to the point of beginning,containing 3.0 acres,more or less. 28 29 Subject to any easements of record that may be found in a full and completed title search. Also known 30 as 9404 Young Road, Little Rock, Arkansas. 72206, and incorporated herein by reference (the "Property"), 31 subject to all matters or encumbrances of record or fact. 32 TO HAVE AND TO HOLD said Property unto Grantee and unto its successors and assigns forever, with 33 all appurtenances thereunto belonging. 34 AND Grantor and Grantee hereby acknowledge and agree that this conveyance is expressly without any [Page 3 of 6] 1 warranty of title or otherwise, including without limitation any warranty concerning condition of improve- 2 ments on said Property, or otherwise, all of such warranties being expressly disclaimed and, in addition, such 3 conveyance is expressly"AS IS,WHERE IS AND WITH ALL FAULTS AND WITHOUT ANY REPRE- 4 SENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED." 5 6 7 [Remainder of Page Intentionally Left Blank. Signature Page to Follow.] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 EXECUTED this_day of , 2019. [Page 4 of 6] 1 2 GRANTOR: 3 4 5 an Arkansas 6 7 8 By: 9 Name: 10 Title: 11 12 ACKNOWLEDGMENT 13 14 STATE OF ARKANSAS ) 15 )ss. 16 COUNTY OF PULASKI ) 17 18 On this day, before me, a Notary Public, duly commissioned, qualified and acting, within and for said 19 County and State, appeared in person the within named , being the person authorized by 20 said Choose an item. to execute such instrument, stating his respective capacity in that behalf, to me well 21 known,who stated that he was the( `1( of , an Arkansas 22 , and was duly authorized in his respective capacity to execute the foregoing instrument for 23 and in the name and behalf of said limited liability company,and further stated and acknowledged that he had 24 so signed, executed, and delivered said foregoing instrument for the consideration, uses, and purposes therein 25 mentioned and set forth. 26 IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of 27 ,2019. 28 29 30 NOTARY PUBLIC 31 My Commission Expires: 32 33 34 [SEAL] 35 [Page 5 of 6] 1 REAL PROPERTY TRANSFER TAX COMPLIANCE CERTIFICATION 2 3 I certify under penalty of false swearing that this instrument is exempt from the imposition of any 4 real property transfer tax under Ark. Code Ann. § 26-60-102(1 1). 5 6 Grantee or Agent Name(printed): 7 Grantee or Agent Name(signature): 8 Address: 9 City/State/Zip: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 [Page 6 of 6]