7064M a M M
RESOLUTION NO. 7,064
A RESOLUTION AUTHORIZING THE SALE OF
LITTLE ROCK MUNICIPAL WATER WORKS
PROPERTY TO THE CATHOLIC DIOCESE OF
LITTLE ROCK.
WHEREAS, the City of Little Rock holds title for the use
and benefit of the Little Rock Municipal Water Works, hereinafter
called "WATER WORKS ", to the following lands in Pulaski County,
Arkansas, hereinafter called "City Property ", which are more
particularly described as follows:
A strip of land 50 feet in width being 20 feet in width on
the northerly side and 30 feet in width on the southerly side of
the centerline of a 39 -inch reinforced concrete water pipeline as
now laid upon and through the following described property:
The Northeast 1/4, Northeast 1/4, Section 5, Township 1
North, Range 13 West, containing 1.52 acres, more or less.
WHEREAS, the City Property was acquired for the purpose of
installing a raw water pipeline from Lake Winona to the Ozark
Point Water Treatment Plant; and
WHEREAS, much of the right -of -way for said raw water
pipeline, as well as most other pipelines operated by the WATER
WORKS which are not located within the right -of -way of public
streets, was acquired by easements rather than by fee title
conveyed by warranty deed; and
WHEREAS, the Board of Commissioners of the Little Rock
Municipal Water Works has determined that an easement will
provide all fee title to the City Property to be surplus property
and desires to sell the City Property retaining a right -of -way
easement thereon for its raw water pipeline, hereinafter called
the "Reserved Easement" and more particularly described as
follows:
A strip of land 50 feet in width being 20 feet in width on
the northerly side and 30 feet in width on the southerly side of
the centerline of a 39 -inch reinforced concrete water pipeline as
now laid upon and through the following described property:
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The Northeast 1/4, Northeast 1/4, Section 5, Township 1
North, Range 13 West.
WHEREAS, Andrew J. McDonald, Bishop of the Roman Catholic
Diocese of Little Rock, is the owner of the land surrounding the
City Property and desires to purchase, at its fair market value,
the City Property less the Reserved Easement; and
WHEREAS, the Board of Commissioners of the Little Rock
Municipal Water Works has had the City Property and the Reserved
Easement appraised by a professional real estate appraiser, who
has determined that the City Property, less the fair market value
of the Reserved Easement, has a fair market value of $14,774.
Now, therefore:
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS:
Section 1. The Mayor and the City Clerk are hereby
authorized to execute and deliver to Andrew J. McDonald, Bishop
of the Roman Catholic Diocese of Little Rock the City's warranty
deed, with reservation of right -of -way easement, to the following
described lands in Pulaski County, Arkansas, to wit:
A strip of land 50 feet in width being 20 feet
in width on the northerly side and 30 feet in
width on the southerly side of the centerline of
a 39 -inch reinforced concrete water pipeline as
now laid upon and through the following
described property:
The Northeast 1/4, Northeast 1/4, Section 5,
Township 1 North, Range 13 West,
for the considerations and purposes and upon the terms and
conditions set forth in the specimen warranty deed attached
hereto and made a part hereof.
ADOPTED: October 4, 1983
ATTEST: APPROVED:
CitV Clerk e Czech ayor J. W. atnafVM
low
WARRANTY DEED
RESERVING
RIGHT -OF -WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Little Rock, GRANTOR, by its Mayor and
Clerk, duly authorized hereto by proper resolution of its Board of
Directors, for and in consideration of the sum of Fourteen Thousand,
Seven Hundred Seventy -Four Dollars ($14,774), and other good and
valuable consideration, in hand paid by Andrew J. McDonald, Bishop of
the Roman Catholic Diocese of Little Rock, GRANTEE, the receipt of
which is hereby acknowledged, does hereby grant, bargain, sell and
convey unto the said GRANTEE, and unto its successors and assigns
forever, the following described lands situated in the County of
Pulaski, State of Arkansas, to wit:
A strip of land 50 feet in width being 20 feet in width on the north-
erly side and 30 feet in width on the southerly side of the centerline
of a 39 -inch reinforced concrete water pipeline as now laid upon and
through the Northeast 1/4, Northeast 1/4, Section 5, Township 1 North,
Range 13 West, said centerline being described as follows:
Beginning at a point on the west side of said Northeast 1/4, North-
east 1/4, which is North 1 °31'16" West 142.50 feet from the intersec-
tion of said west line of said Northeast 1/4, Northeast 1/4 and the
North right -of -way line of the Rock Creek Parkway and South 1 °31'16"
East 1,174.70 feet from the Northwest corner of said Northeast 1/4,
Northeast 1/4; thence South 71 °18' East along the centerline of said
39 -inch pipeline 163.64 feet; thence continuing along said centerline
South 83 °46' East 89.98 feet; thence continuing along said centerline
South 89 °24' East 1,073.76 feet to a point on the East line of said
Northeast 1/4, Northeast 1/4, said point being 1,247.3 feet in a
southerly direction from the Northeast corner thereof.
Provided, however, GRANTOR hereby reserves unto itself for
the use and benefit of the Little Rock Municipal Water Works (herein-
after called WATER WORKS), and its successors and assigns forever,
a permanent right, privilege and easement upon and across the above de-
scribed lands, for the purpose of permitting the WATER WORKS to
clear and keep clear the surface of the right -of -way and to lay, con-
struct, maintain, repair, replace, test and inspect underground water
mains, whether one or more, and surface appurtenances thereto, now and
at different times in the future, without the payment of additional
compensation therefor. Subject to prior easements of record and except
as hereinafter stated, the WATER WORKS shall have the exclusive use
of this right -of -way. The GRANTER may hereafter use the surface of the
easement for any purpose not inconsistent with the rights hereby con-
veyed, but may not place a huilding, footing, wall, structure, or other
improvement upon the right -of -way except that the GRANTEE may pave the
easement surface and may use it for driveways, walks or parking areas.
The GRANTEE may permit other utility services to cross this easement at
approximately right angles, but only if such utilities first comply
with whatever specifications the WATER WORKS may designate at the
time for the protection of its own facilities. Upon completion of any
work by the WATER WORKS, the WATER WORKS shall backfill and
thoroughly compact all excavations to minimize settling and shall level
the surface over its excavations and pipelines, remove all excess exca-
vated materials and debris and leave the premises in a clean sanitary
condition. If any work by the WATER WORKS damages any fence, curb,
or paved surface upon the rights -of -way, the WATER WORKS, at its
expense, shall repair or replace the damaged portion with materials of
like quality and as nearly as possible to its prior condition.
This easement does not give the GRANTEE the right to connect
to or receive service from the WATER WORKS facility; the right to
make connections and receive service shall be subject to the rules,
regulations, policies or ordinances in effect at the time of applica-
tion.
To have and to hold the same unto the said GRANTEE and its
successors and assigns forever, with all appurtenances thereunto
belonging.
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And GRANTOR hereby covenants with the said GRANTEE that it
will forever warrant and defend the title to said Lands against all
lawful claims whatever.
IN WITNESS WHEREOF, the name of the GRANTOR is hereunto
affixed by its Mayor and its seal affixed by its City Clerk
this Z,y day of LLQil�h/�,, 1983.
CITY OF LITTLE ROCK
ATTEST:
By
Jane V tech, Ci.t erk J. W. Benafi.eLd, ayor j
STATE. OF ARKANSAS)
)ss ACKNOWLEDMENT
COUNTY OF PVLASKI)
On this day of. CZ, 1983, . before me, a
Notary Public duly commissioned, qualified and acting within and for
said County and State, appeared in person the within named J. W.
Benafield and Jane Czech, to me personally well known, who stated
that they were the Mayor and City Clerk, respectively, of the City
of Little Rock and were duly authorized in their respective capacities
to execute the foregoing instrument for and in the name and behalf of
the City of Little Rock, 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 WITNESS WHEREOF, I` have hereunto set my hand and seal on
this 2,nj day of JW hQA " , L983.
Notary Public
My Commission Expires:
(SEAL)
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