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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: •� 81 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. M r LL • ri r ter■ r ri■ ■� r r r :�r wi.� r i r - 2 - 83 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) J I if