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RESOLUTION NO. 7,562 10 6
A RESOLUTION AUTHORIZING THE PARTIAL CANCELLATION
OF A LEASE AGREEMENT BETWEEN THE CITY OF LITTLE
ROCK AND JACUZZI BROTHERS, INC. PURSUANT TO A
1961 ACT 9 BOND ISSUE, AND PROVIDING FURTHER, FOR
THE MAYOR AND CITY CLERK TO GRANT A QUITCLAIM DEED
TO SUCH PROPERTY.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The Mayor and City Clerk are hereby authorized
to enter into a partial cancellation of a lease agreement between
the City of Little Rock and Jacuzzi Brothers, Inc. pursuant to a
1961 Act 9 Bond Issue including lands which had previously been
used for a sewer lagoon system but are not now being used as
stated in the attached affidavits.
SECTION 2. The Mayor and City Clerk are hereby authorized
to execute a quitclaim deed to this property to Affiliated Foods
in order for the title to be cleared.
ADOPTED: March 5, 1986
ATTEST: APPROVED
CITY LERK JA CZECH MAYOR THOMAS A. PRINCE
APPRPUVSD JfS ORT,j:
CITY ATTORNEY
R- /7
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0 OPee IM #T,'162 _ _
• PARTIAL RELEASE OF LEASE* 10
WHEREAS, City of Little Rock, Arkansas and Jacuzzi Bros.,
Inc. entered into Lease and Agreement dated August 1, 1961 of
record in Pulaski County, Arkansas, Mortgage Record Book 867 at
Page 335, pertaining to an Act 9 Industrial Bond Issue for the
financing of the Jacuzzi Industrial Plant; and
WHEREAS, the bonds issued in said bond issue have now been
retired, but the term of the Lease and Agreement has been
extended for a ten year option period by notice dated October 14,
1981 so that the term of the Lease and Agreement continues in
full force and effect until December 1, 1991; and
WHEREAS, lands comprising 4.62 acres, more or less,
comprising the sewer lagoon property are no longer in use for
such purposes in that the Jacuzzi Plant has tied into and is now
served by sewer facilities constructed by Mabelvale- Alexander
Improvement District No. 142, and accordingly said lands should
be released from the terms of said Lease and Agreement dated
August 1, 1961;
NOW, THEREFORE, City of Little Rock, Arkansas and Jacuzzi,
Inc., formerly Jacuzzi Bros., Inc., in consideration of their
mutual covenants and promises, hereby agree that the Lease and
Agreement entered into between them dated August 1, 1961 of
record in Pulaski County, Arkansas, MOrtgage Record Book 867 at
Page 335, be and is hereby in all things released and terminated
only insofar as it pertains to the following described lands
comprising the sewer lagoon property:
Part of the SW 1/4 of the NW, Section 9,
Township 1 South, Range 13 West, more par-
ticularly described as follows:
Commencing at the SW corner of the NW 1/4,
Section 9, Township 1 South, Range 13 West,
and running thence North 87 degrees 55 minutes
East, a distance of 300 feet to the point of
beginning of the parcel of land herein
described; thence North 0 degrees 07 minutes
West, a distance of 250.00 feet to a point;
thence North 44 degrees 53 minutes East, a
distance of 141.42 feet to a point; thence
North 87 degrees 55 minutes East, a distance
of 490.00 feet to a point; thence South 0
degrees 07 minutes East, 350.00 feet to a
point; thence South 87 degrees 55 minutes
West, a distance of 590.00 feet to the point
-1-
e-/7
C - 6
0
of beginning, containing 4.62 acres, more or
less, all in Pulaski County, Arkansas.
= M M
100
It is specifically understood and agreed - that said "Lease and
Agreement dated August 1, 1961 shall remain in full force and
effect except only that the above - described lands are released
therefrom.
IN
WITNESS
WHEREOF,
City
of Little Rock,
Arkansas
and
Jacuzzi,
Inc.
have caused
this
Partial Release
of Lease to
be
executed by their duly authorized officers and attested as of
this /e day of ` QJI_ej 1986.
CITY OF LITTLE ROCK, ARKANSAS,
LESSOR
BY
ice Mayor Charles Bssey
ATTEST:
M p _
City Klerk, Jan& Czech
JACUZZI, INC., LESSEE
}!
ATTEST:
Title
(SEAL)
-2-
M M= O M M M
0
STATE OF ARKANSAS)
SS.
COUNTY OF PULASKI)
0
M M M M
105
On this (pp�_) day of _MgACL__, 1986, before me, a Notary
Public, duly commissioned, qualified and acting, within and for
the said County and State, appeared in person the within named
Charles Bussey and JANE CZECH to me well known to be the Vice Mayor
and City Clerk of the City of Little Rock, .Arkansas, and were
duly authorized in their respective capacities to execute the
foregoing instrument for and in the name and behalf of said City
of Little Rock, Arkansas, and further stated and acknowledged
that they had so signed and executed the foregoing Partial
Release of Lease for the consideration, uses and purposes therein
mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and offi-
cial seal this _jLti_ day of _��, 1986.
NOTARY
My commission expires:
STATE OF ARKANSAS)
SS.
COUNTY OF PULASKI)
On this day of , 1986, before me, a Notary
Public duly commissioned, qualified and acting, within and for
the said County and State, appeared in person the within named
and to me well known
to be the and of
and were duly authorized in
their respective capacities to execute the foregoing instrument
for and in the name and behalf of said City of Little Rock,
Arkansas, and further stated and acknowledged that they had so
signed and executed the foregoing Partial Release of Lease for
the consideration, uses and purposes therein mentioned and set
forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and offi-
cial seal this day of , 1986.
My commission expires:
NOTARY PUBLIC
-3-
,gyp, FORM SS M yf e..e<..... a .. <e.. <......<.
CLASS Y -
See Res. #7,562
QUITCLAIM DEED
Know All Men by These Presents:
That City of Little Rock, Arkansas r a municipal
corporation,G RAN TOR, organized under and by virtue of the laws of the State of Arkansas
by its President and Secretary duly authorized hereto by proper resolution of its Board of Directors, for the consider-
ation of the sum of One
and other good and valuable consideration
/in hand paid by Affiliated Food Stores, Inc.
Dollars ($ 1.00 )
GRANTEE.—,
the receipt of which is hereby acknowledged, does grant, sell and quitclaim unto the said GRANTEE _, and until" "'
its successors assigns forever, all its right, title, interest and claim in and to the following lands lying in
Pulaski County, Arkansas: _
Part of the SW 1/4 of the NW 1/4, Section 9, Township l
South, Range 13 West, more particularly described as to qw�s :
Commencing at the SW corner o t e , ec ion ,
Township 1 South, Range 13 West, and running thence North i
ts/ ueyiue� JJ , u .. -- - - - ____ __ __-
point of beginning o s
f the parcel of land herein described;
thence North 0 re
dege07 minutes West, a distance o .
feet to a point; thence North 44 degrees 53 minutes East, a
>.stance of ee to a point; thence North
55 minutes East, a distance of 490.00 feet to a point; thence
South 0 degrees 07 minutes East, 35u.00 feet to a p e
South 87 degrees 55 minutes West, a distance of 590.00 feet
to the porn o :ginning, con az.ning 4.62 acres, more or
less, all in Pulaski County, Arkansas.
TO HAVE AND TO HOLD the same unto the said GRANTEE_, Affiliated Food
its successors and assigns forever, with all appurtenances thereunto belonging.
IN TESTIMONY WHEREOF, The name of the grantor is hereunto affixed by its President and its seal
affixed by its Secretary, this �'�� day of in 86
CITY OF LITTLE ROCK, ARKANSAS,
A Municipal Corpora ion
ATTEST:
By: ,
Jan Czech, Clt# Clerk
: J SEAL)
By:
Charles Busse y, .Vice Mayor
2 -�7
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!� M NRKNPKEDWENTM M M M
STATE OF ARKANSAS •11 111
as.
� County of PULASKI llil �/"_ ,, p
On thir 54_)� day of _. t' L.kf611L:b" -- 19_L6_, before me
I the undersigned a Notary Public
duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within
named Charles Bussey :- - __and Jane Czech
to me personally well known, who stated that they were the Vice Mayor and City Clerk
of the _City of Little Rock, Arkansas, a municipal corporation,
and were duly authorized in their respective capacities to execute the foregoing instrument for and
in the name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed
and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this -49 t& day
of nA (+L ,1986.
Notary Public.
I�
r
My commission expires - - -- -
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CERTIFICATE OF
RECORD
i
STATE OF ARKANSAS,
!
ss.
County of
i
1,
, Circuit Clerk and Ex- officio Recorder,
for the County aforesaid,
do hereby certify that the annexed
and foregoing instrument of writing was filed for
i
record in my office on the
_day of
A. D. 19—, at
i
o'clock M.,
and the same is now duly recorded, with the acknowledgments and certificates thereon, in
"Record Book
;' Page _.
-
'
IN WITNESS WHEREOF I have hereunto get my hand and affixed the seal of iiid -`.
�
Court, this__—
day of 19____._ I
I
Circuit Clerk and Ex- Officio Recorder.
'
By
D. C. j