9127M M M � = = M M
• 149
1 RESOLUTION NO. 9,127
2 A RESOLUTION AUTHORIZING THE SALE OF .997
3 ACRES OF OAKLAND FRATERNAL CEFILTERY
4 PROPERTY TO THE LITTLE ROCK NATIONAL
5 CEMETERY, AUTHORIZING THE EXECUTION AND
6 DELIVERY OF THE CONTRACT OF SALE AND
WARRANTY DEED, AND PRESCRIBING MATTERS
7 RELATING THERETO.
8
9
10 BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS:
11 SECTION 1. That the sale of .997 acres of Oakland Fraternal
12 Cemetery property to the Little Rock National Cemetery for $1.00
13 is hereby authorized in substantially the form and with
14 substantially the contents hereafter set forth. The Mayor and
15 City Clerk are hereby authorized to execute, acknowledge and
deliver the warranty deed for and on behalf of the City. The
16 form and content of the warranty deed is hereby approved and
17 made a part hereof, as Exhibit A.
18 SECTION 2: That the Mayor and City Clerk, for an on behalf
19 of the City, are hereby authorized and directed to do all
20 things, execute all instruments and otherwise take all action
necessary to the realization of the rights of the City and to
21 discharge the obligations of the City under the terms of the
22 warranty deed.
23 SECTION 3: That the Board of Directors hereby finds and
24 declares the execution and delivery of the warranty deed is in
25 the furtherance of the public interest, and does not impair the
public uses of Oakland Fraternal Cemetery.
26 SECTION 4: That the provisions of the warranty deed shall
27 contain a clause that the property will revert to the City of
28 Little Rock should said property be used for other than cemetery
29 purposes by National Cemetery.
30 SECTION 5: That the provisions of this resolution are
hereby declared to be separable, and if any section, phrase or
31 provision shall, for any reason, be declared to be invalid, such
32 declaration shall not affect the validity of the remainder of
33 these sections, phrases or provisions.
34 SECTION 6: That all ordinances and resolutions in part
thereof in conflict herewith are hereby repealed to the extent
35 of such conflict.
36
LL
r_..L�
1
2
3
4
5
6
7
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
35
36
i■r � r r �r r� r �r
150
SECTION 7: This resolution shall be in full force and
effect from and after its adoption.
ADOPTED= March 15,1994
APPROVED • FORK:
CITY i
ATTORNEY
1 •r 11•
� J
(r rr r r r r r i■r r� �■r r�� r r
0
E
151
WARRANTY DEED
Rnow All Men By These Presents:
That the CITY OF LITTLE ROCK, a municipal corporation
created and organized under the laws of the State of Arkansas,
Grantor, for and in consideration of the sum of One Dollar ($1)
and other good and valuable consideration listed below, the
receipt of which is hereby acknowledged, does hereby grant,
bargain, sell, and convey unto the Little Rock National
Cemetery, Grantee, and unto its successors and assigns forever,
the following described lands in the County of Pulaski, State of
Arkansas, to -wit:
All of that part of the Southeast Quarter (SE
1/4) of the Southeast Quarter (SE 1/4) of Section
11, Township 1 North, Range 12 West, Pulaski
County, Arkansas, more particularly described as
follows:
Beginning at the intersection of the West
right -of -way line of the C.R.I. & P. Railroad
with the South line of the Southeast Quarter (SE
1 /4) of the Southeast Quarter (SE 1/4) of Section
11, Township 1 North, Range 12 West (said point
being 201.19 feet West of the Southeast corner of
said SE 1/4 of the SE 1/4 of Section 11, T -1 -N,
R -12 -W; thence South 89 °25' West along the South
line of said SE 1/4, SE 1/4 a distance of 34.1
feet to the Southeast corner (concrete monument)
of the National Cemetery property; thence North
00 °29150" West along the East line of the
National Cemetery property a distance of 821.05
feet to the Northeast corner (concrete monument)
of the National Cemetery property; thence South
89 °44' West along the North line of the National
Cemetery property 377.1 feet (hole in rock wall);
thence North 00 °06' West 40.0 feet (1/2 "
re -bar); thence North 89 °44/East 40.0 feet from
and parallel with the North line of the National
Cemetery property 408.61 feet to the West
right -of -way line of the C.R.I. & P. Railroad
(1/2" re -bar) ; thence South 00 °39' East along
the West right -of -way line of the C.R.I. & P.
Railroad a distance of 860.88 feet to the point
of beginning (1/2" rebar),containing 43,441.0 sq.
ft., more or less (0.997 acres)
The estate granted to National Cemetery is for use by
National Cemetery for cemetery purposes and the estate granted
shall terminate upon the failure of National Cemetery to use
/l
� r r r r r r r �■ ■� r
such lands for cemetery purposes and revert to
Little Rock.
To have and to hold unto said Grantee,
successors and assigns forever, with all the
152
the City of
and unto its
appurtenances
thereto belonging.
And the City of Little Rock, hereby covenants with the
said Grantee that it will forever warrant and defend title to
said lands against all claims whatsoever.
IN WITNESS WHEREOF, the City of Little Rock, has caused
these presents to be signed by its Mayor, and attested by its
City Clerk this day of , 1994.
By:
Mayor
ATTEST:
City Clerk
ACKNOWLEDGMENT
STATE OF ARKANSAS)
) ss
COUNTY OF PULASKI)
I, notary public in and for
said coun y in the s a e a oresai o hereby certify that Jim
Dailey, personally known to me to be the Mayor of the City of
Little Rock, Arkansas, and Robbie Hancock, personally known to
me to be the City Clerk of the City of Little Rock, Arkansas,
appeared before me this day in person and severally acknowledged
that as such City Mayor and City Clerk, they signed and sealed
the said instrument and caused the seal of said City of Little
Rock to be affixed thereto pursuant to the authority of the
Board of Directors of the City of Little Rock, Arkansas, as to
their free and voluntary act and deed of said City of Little
Rock, Arkansas, for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of
1994.
Notary Public
My Commission Expires:
z
Q
0
CD
O
-i-
O
i
G'1
m
f
f
r
f
c
r
z
H
9 9
zz
e�
W
m�
n�
tv
ra Z,
NOTE:
MELINDA: THE AREA HIGHLITED IN BLUE IS THE .999 ACRES ON
WHICH THE ROAD IS LOCATED. AREA FROM EAST 26TH
STREET IS UNDEVELOPED AND CANNOT BE USED FOR ANY
GRAVESITES BY EITHER CEMETERY.
�•1
153
f--1
Cf'
H
Q
✓1
Me
?-r
Cf
F�
N
Ac -��