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3 RESOLUTION NO. 7,912
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5 A RESOLUTION AUTHORIZING THE SALE
6 OF 4.78 ACRES OF UNUSED OAKLAND
7 FRATERNAL CEMETERY PROPERTY TO THE
8 LITTLE ROCK NATIONAL CEMETERY
9 EXPANSION CORPORATION IN
10 SUBSTANTIALLY THE FORM AND WITH
11 SUBSTANTIALLY THE CONTENTS SET
12 FORTH HEREIN AND MADE A PART OF
13 THIS RESOLUTION; AUTHORIZING THE
14 EXECUTION AND DELIVERY OF THE
15 CONTRACT OF SALE; AND PRESCRIBING
16 MATTERS RELATING THERETO.
17
18 BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
19 LITTLE ROCK, ARKANSAS:
20 SECTION 1. That the sale of 4.78 acres of presently
21 unused Oakland Fraternal Cemetery Property to the Little Rock
22 National Cemetery Expansion Corporation for its appraised value
23 of $60,000 is hereby authorized in substantially the form and
24 with substantially the contents hereafter set forth. The Mayor
25 and City Clerk are hereby authorized to execute, acknowledge and
26 deliver the Warranty Deed for and on behalf of the City. The
27 money received from the sale is to be deposited to the account
28 of Oakland Fraternal Cemetery for the exclusive use of the
29 cemetery for construction, maintenance and repair. The form and
30 content of the Warranty Deed is hereby approved and made a part
31 hereof, as Exhibit A.
32 SECTION 2. That the Mayor and City Clerk, for and on
33 behalf of the City, are hereby, authorized and directed to do
34 all things, execute all instruments and otherwise take all
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action necessary to the realization of the rights of the City
and to discharge the obligations of the City under the terms of
the Warranty Deed.
SECTION 3. That the Board of Directors hereby finds and
declares the execution and delivery of the Warranty Deed is in
the furtherance of the public interest, and does not impair the
public uses of Oakland Fraternal Cemetery.
SECTION 4. That the provisions of this Resolution are
hereby declared to be separable, and if any section, phrase or
provision shall, for any reason, be declared to be invalid, such
declaration shall not affect the validity of the remainder of
the sections, phrases or provisions.
SECTION 5. That all ordinances and resolutions and parts
thereof in conflict herewith are hereby repealed to the extent
of such conflict.
SECTION 6. This Resolution shall be in full force and
effect from and after its adoption.
: March 15, 1988
TTEST: APPROVED:
mx.,, X,2� 4o., lte,4�
it Clerk Jan Czech Ma or Lottie Shackelford
STODOLA, CITY ATTORNEY
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ExhiAe P_ - Resolution 1'7,912
WARRANTY DEED
Know 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 is hereby acknowledged, does hereby grant, bargain,
sell, and convey unto the Little Rock National Cemetery
Expansion Corporation, Grantee, and unto its successors and
assigns forever, the following described lands in the County of
Pulaski, State of Arkansas, to -wit:
Part of the Southeast Quarter of Section 11, Township 1 North,
Range 12 West, Pulaski County, Arkansas, more particularly
described as follows:
Starting at the Southeast Corner of the Southeast Quarter of
Section 11; thence South 890 301 16" West along the South line
thereof a distance of 850.32 feet to a point; thence North 0° 29'
44" West a distance of 826.57 feet for the point of the beginning;
thence South 890 271 25" West a distance of 464.35 feet to a
point; thence North 26° 38' 57" East a distance of 98.31 feet to a
point; thence North 010 37' 52" East a distance of 259.21 feet to
a point; thence North 170 11' 33" West a distance of 114.04 feet
to a point; thence North 250 31' 13" West a distance of 117.91
feet to a point; thence in a Northeasterly direction on a curve
left having a radius of 223.35 feet a distance of 107.27 feet to a
point; thence North 44° 46' 22" East a distance of 124.20 feet to
a point; thence in a Southeasterly direction on a curve to the
right having a radius of 22.69 feet a distance of 40.53 feet to a
point; thence South 32° 52' 33" East a distance of 56.58 feet to a
point; thence in a Southeasterly direction on a curve right having
a radius of 286.56 feet a distance of 145.30 feet to a point;
thence South 030 49' 28" East a distance of 38.20 feet to a point;
thence in a Southeasterly direction on a curve left having a
radius of 63.97 feet a distance of 69.71 feet to a point; thence
South 66° 15' 32" East a distance of 32.34 feet to a point; thence
in a Southeasterly direction on a curve right having a radius of
55.30 feet a distance of 58.19 feet to a point; thence South 05°
58' 18" East a distance of 62.49 feet to a point; thence South
180 07' 12" East a distance of 317.25 feet to the point of
beginning and containing 4.78 acres more or less.
Subject to covenants, restrictions and easements of
record, if any and further subject to the specific covenant that
no fence or other similar demarcation will be constructed on
this property without the express written consent of the Oakland
Fraternal Cemetery Board of Trustees. The purpose of this
[1)
This Instrument prepared in form
by the City Attorney.
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covenant is to protect the open, park -like vistas of the
property and it shall run with the land.
To have and to hold unto said Grantee, and unto its
successors and assigns forever, with all the 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 , 1988.
ATTEST:
Q?A4 0)
Ci1V Clerk
By:
Mayor
A C K N O W L E D G E M E N T
STATE OF ARKANSAS)
) ss
COUNTY OF PULASKI)
I, notary public in and for
said county in the state aforesaid, do hereby certify that
Lottie Shackelford, personally known to me to be the Mayor of
the City of Little Rock, Arkansas, and Jane Czech, 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
[2)
m = = = = = = a
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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
1988.
My Commission Expires:
[3]
NOTARY PUBLIC