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15462 1 RESOLUTION NO. 15,462 2 3 A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK TO 4 EXECUTE A SPECIAL WARRANTY DEED CONVEYING REAL 5 PROPERTY TO BLUE WHALE DEVELOPMENT FOR PROPERTY 6 OWNED BY THE CITY OF LITTLE ROCK, ARKANSAS, LOCATED AT 7 11921 KANIS ROAD; AND FOR OTHER PURPOSES 8 9 WHEREAS,the Little Rock Board of Directors authorized Street and Drainage Improvements at the 10 intersection of Kanis Road and Bowman Road via Resolution No. 14,803 (June 19,2018)and construction 11 of those improvements would make the continued operation of the business at 11921 Kanis Road, the 12 Bowman Road Beverage Store, unfeasible; and, 13 WHEREAS, the acquisition of right-of-way for the Kanis Road and Bowman Road Improvement 14 Projects were previously authorized by the Little Rock Board of Directors by Resolution No. 15,031 15 (August 6, 2019) and Resolution No. 13,912 (July 1, 2014), and the City has now acquired the property 16 located at 11921 Kanis Road for the purchase price of Five Hundred Thousand Dollars ($500,000.00), to 17 facilitate construction of improvements; and, 18 WHEREAS,approximately 31% of the original parcel is to be retained as right-of-way for the Kanis 19 Road and Bowman Road intersection and reminder of the property is not needed for the project,or for other 20 municipal purposes; and, 21 WHEREAS,Blue Whale Development has a contract to purchase the land to the south and to the east 22 of this remaining property and has made an offer to purchase the City-owned remanent at a purchase price 23 of Four Hundred Thousand Dollars($400,000.00). 24 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 25 OF LITTLE ROCK,ARKANSAS: 26 Section 1. That the Mayor and City Clerk are hereby authorized to execute, in a form approved by the 27 City Attorney, any and all deeds and conveyance documents required in order to convey to Blue Whale 28 Development or its assigns,that real property located in Little Rock,Pulaski County,Arkansas,as described 29 in Exhibit A,Part 1 to this resolution. 30 Section 2. The sales price for the property is to be Four Hundred Thousand Dollars($400,000.00),less 31 the customary and appropriate amounts that may be required for closing costs, Title Insurance or other 32 associated fees or costs; with the net proceeds of the sale to be credited back to the Bowman Road 33 Improvement Project activity. 'Page 1 of 3I 1 Section 3. The City Board of Directors hereby ratifies the execution of the Purchase Agreement and 2 all amendments thereto and for the sale and conveyance of this property. 3 Section 4. Further,the Mayor and City Clerk are hereby authorized to execute, in a form approved by 4 the City Attorney, all documents necessary for a dedication of right-of-way for that portion of the land to 5 be retained by the City as right-of-way for the construction of the improvements at the southeast corner of 6 Kanis Road and Bowman Road and as further described in Exhibit A, Part 2 to this resolution. 7 Section 5. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 8 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 9 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 10 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the 11 resolution. 12 Section 6. Repealer. All laws,ordinances, resolutions, or parts of the same,that are inconsistent with 13 the provisions of this resolution, are hereby repealed to the extent of such inconsistency. 14 ADOPTED: June 1,2021 15 ATT. :"-. APPROVED: 16 � 17 \�_ 18 !1: s ey, 116 Clerk Frank Scott,C,""?ayor 19 APPR S 1 AS S LEGAL FORM: 20 21 l'l'Q'1'"4'1 22 Thomas M. Carpenter, City Att ney 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // [Page 2 of 31 1 Exhibit A 2 3 PART 1 - DESCRIPTION OF PROPERTY TO BE SOLD: A PART OF LOT 10, EDWARDS 4 SUBDIVISION AS FILED ON JUNE 22, 1936, IN THE COUNTY CLERK'S OFFICE OF PULASKI 5 COUNTY;BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 10; THENCE ALONG THE 6 EAST LINE OF SAID LOT 10, S03°09'21"W A DISTANCE OF 169.49' TO A POINT; THENCE 7 LEAVING SAID EAST LINE N88°36'16"W A DISTANCE OF 85.92' TO A POINT; THENCE 8 N06°14'56"E A DISTANCE OF 15.50' TO A POINT; THENCE N16°30'54"E A DISTANCE OF 16.00' 9 TO A POINT; THENCE NO2°00'16"E A DISTANCE OF 87.43'TO A POINT;THENCE N13°32'11"E A 10 DISTANCE OF 24.27'TO A POINT; THENCE N42°00'17"E A DISTANCE OF 36.28'TO A POINT ON 11 THE NORTH LINE OF SAID LOT 10, ALSO BEING THE SOUTH RIGHT-OF-WAY OF KANIS 12 ROAD; THENCE ALONG SAID NORTH LINE AND RIGHT-OF-WAY, 588°25'23"E A DISTANCE 13 OF 55.99'TO THE POINT OF BEGINNING,CONTAINING 0.31 ACRES,OR 13,570 SQUARE-FEET, 14 MORE OR LESS. 15 16 PART 2-DESCRIPTION OF PROPOSED RIGHT OF WAY DEDICATION: A PART OF LOT 10, 17 EDWARDS SUBDIVISION AS FILED ON JUNE 22, 1936, IN THE COUNTY CLERK'S OFFICE OF 18 PULASKI COUNTY; COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 10; THENCE 19 ALONG THE NORTH LINE OF SAID LOT 10, ALSO BEING THE SOUTH RIGHT-OF-WAY OF 20 KANIS ROAD, N88°25'23"W A DISTANCE OF 55.99' TO THE POINT OF BEGINNING; THENCE 21 LEAVING SAID NORTH LINE AND RIGHT-OF-WAY LINE, S42°00'17"W A DISTANCE OF 36.28' • 22 TO A POINT; THENCE S13°32'11"W A DISTANCE OF 24.27' TO A POINT; THENCE S02°00'16"W 23 A DISTANCE OF 87.43' TO A POINT; THENCE S16°30'54"W A DISTANCE OF 16.00'TO A POINT; 24 THENCE S06°14'56"W A DISTANCE OF 15.50'TO A POINT; THENCE N88°36'16"W A DISTANCE 25 OF 30.74' TO A POINT ON THE WEST LINE OF SAID LOT 10, ALSO BEING THE EAST RIGHT- 26 OF-WAY OF BOWMAN ROAD; THENCE ALONG SAID RIGHT-OF-WAY, N01°43'10"E A 27 DISTANCE OF 138.80' TO A POINT ON THE SOUTH RIGHT-OF-WAY OF KANIS ROAD, ALSO 28 BEING THE BEGINNING OF A CURVE TO THE RIGHT;THENCE ALONG SAID RIGHT-OF-WAY 29 AND SAID CURVE WITH A RADIUS OF 48.50', AN ARC LENGTH OF 29.41' AND A CHORD 30 WHICH BEARS N35°36'29"E A DISTANCE OF 28.96' TO A POINT; THENCE LEAVING SAID 31 CURVE,S88°25'23"E A DISTANCE OF 15.89'TO A POINT;THENCE N01°34'37"E A DISTANCE OF 32 7.00'TO A POINT; THENCE S88°25'23"E A DISTANCE OF 32.90'TO THE POINT OF BEGINNING, 33 CONTAINING 0.14 ACRES, OR 6,202.2 SQUARE-FEET, MORE OR LESS. 34 II (Page 3 of 31