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RESOLUTION NO
8,296
A RESOLUTION AUTHORIZ
RELEASE OF A RESTRICTIVE
IN TWO DEEDS WHICH
OAKLAND- FRATERNAL ACREAGE
LITTLE ROCK NATIONAL
EXPANSION CORPORATION
ING THE
COVENANT
CONVEY
TO THE
CEMETERY
165
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS:
SECTION 1. That the restrictive covenants pertaining to
fences along the common boundary contained in two deeds recorded
in Pulaski County as #88 -13163 and #89 -10692 shall be removed in
exchange for the assurances from the National Cemetery System
contained in a letter dated April 6, 1990, attached as exhibit
A, in which the Director of the National Cemetery System
promises that any construction along the common boundary would
take place only after consultation and good faith negotiation
with the Oakland board and the agreement of all parties should
be documented in writing.
SECTION 2. That the Mayor and City Clerk, for and on
behalf of the City, are hereby authorized and directed to do all
things, execute all instruments and otherwise take all action
necessary to effect the release of such covenants.
SECTION 3. That the Board of Directors hereby finds and
declares the execution and delivery of the Releases is in the
furtherance of the public interest, and does not impair the
public uses of Oakland - Fraternal Cemetery.
SECTION 4. That all ordinances and resolutions and parts
thereof in conflict herewith are hereby repealed to the extent
of such conflict.
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166
SECTION 5. This resolution shall be in full force and
effect from and after its adoption.
ADOPTED: May'l, 1990
ATTEST;
A Pev, S T O
MARK STOW
, ATTORNE
..� , a Ma.. , Fk,
NFRal WterMten)WasMWn CW42d=
i 1 A �g,
191 All Department of VV,
Veterans Affairs
APR 09j
April 6, 1990 16 7�
CITY ATT0KNEY
In Reply Refer to:
Mr. Mark Stodola
City Attorney
City Hall
500 W. Markham St.
Little Rock, Arkansas 12201
Dear Mr. Stodola:
This is in response to your letter of March 8, 1990, in which you
transmitted the Oakland Fraternal Cemetery Board of Trustees proposal to
ensure that any fut're fence separating the Little Rock National Cemetery
and that cemetery would have the prior written agreement of the Board.
I understand the concern of the Oakland Board, and share their view
that there should be no unilateral construction by either neighbor on
their common boundary.
I wish to assure the Board that should the National Cemetery System
ever consider constructing a fence or other object to mark the boundary of
the Little Rock National Cemetery with the Oakland Cemetery, such
construction would take place only after consultation and good faith
negotiation with the Oakland Board, and the agreement of all parties
should be documented in writing. I would expect no less of a good
neighbor attitude should the Oakland Board ever consider marking the
common boundary.
We in the National Cemetery System are proud of the Little Rock
National Cemetery; it is part of your city, and our system, and is also
one of our nation's shrines to those who have served to maintain our
freedoms and our way of life. I appreciate the public spirit of the
citizens of Little Rock who through the transfer of land to the National
Cemetery, are helping keep this cemetery open to serve our nation's
veterans.
Please ask the Board of Trustees of the Oakland Fraternal Cemetery .to
consider this letter as an extension of my letter of intent of February 1,
1990.
Thank you for your assistance in this matter.
E
EKAI6A A
RELEASE OF RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENTS:
That in consideration of the sum of One Dollar ($1) and
other good and valuable consideration, receipt of which is
hereby acknowledged, the City of Little Rock, a municipal
corporation created and organized under the laws of the State of
Arkansas, being the Grantor in that certain Warranty Deed dated
February 24, 1989, filed for record February 28, 1989, as
Instrument No. 89- 10692, records of Pulaski County, Arkansas, as
to the property described in Exhibit "A ", attached hereto and
made a part hereof, does hereby release the specific covenant
contained therein which reads as follows:
"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 covenant
is to protect the open, park -like vistas of the
property and it shall run with the land."
The lands subject to said restrictive covenant may
hereafter be held, owned, and conveyed free and clear of the
aforesaid restrictive covenant.
IN WITNESS WHEREOF, The City of Little Rock has caused
its name to be affixed by its Mayor and
attested by its City Clerk this 1,2Ldf day of
May , 1990.
CITY OF LITTLE ROCK _
By:
MayoY F. yd G. Villines, III
AT
City Clerk Jane Czech
INSTRUMENT PREPARED BY
MELINDA RALEY
ASSISTANT CITY ATTORNEY
M
k - 40
F -
�a
ACKNOWLEDGMENT
STATE OF ARKANSAS)
COUNTY OF PULASKI)
BE IT REMEMBERED, That on this day came before me, the
undersigned, A Notary Public, in and for said County and State,
duly commissioned, _ qualified, and acting,
Floyd G Villines, III and Jane Czech' ,
personally nown o me to be the
and
City Clerk of the City-of i e Rock,
ante -
duly authorized in their respective
capacities to execute the foregoing instrument for and in the
name and behalf of said 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 TESTIMONY WHEREOF, I have hereunto set my hand and
official seal this .xd day of May , 1990.
ILM AVFTA
'I,
My commission expires:
April 3, 2000
169
a
• • 170
f��yl SK7 at�..T11 "1 IlfCQ' r1dDTJt![ 3,a.Ljy
EXHIBIT °f
Plot of the Southeast 01,1 al lvl .;1 Sectiur: 1 i , ;'rncn <Yu11 1 North. P...nge i'!
Pulaski (:ounty, Arkansas, more particula-l'd desrrihed as follow:::
Cn.;:.encin' at the Southeast cnruer of the Southeast (hailer of ,tiection 11,
thence south fie de ;roes 30 ttlioaLCS 16 seronds West ,rltw;, tilt.' Snnthl 1 illo
thl-ler,f a distance of 850.32 filet to a poiiiL, Lhcnce North 0(:
:-.il'nlies 44 seconds West a diFi:ince of 926,57 filet for 1111: polfil ill
11' ;;inning;; thence North 18 degl-eles 07 n.inlit -r•r; 1' ,;rcn;;d:: We;;t ,1 di: ;t.u1r� n(
1 1.5 IY.Pt ; 1.611ll. ^e 1'101th 93 dl't ;l yeti 55 QIIIIGt"?- 1'.'1: =.t _1')`',i ti,.t; ill "I11I
South) OU degrees 06 minutes East 176.5 fret to ,i point in t11r r, -w, o.
stonewall; t. hence North 89 de ;trees 31 minutes West :11 on; Sail (,I t,l •f ni
stolww311 a distance of 241 .7 f r•ht to the point of I oL i 11:1 -.
RELEASE OF RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENTS:
That in consideration of the sum of One Dollar ($1) and
other good and valuable consideration, receipt of which is
hereby acknowledged, the City of Little Rock, a municipal
corporation created and organized under the laws of the State of
Arkansas, being the Grantor in that certain Warranty Deed dated
March 16, 1988, filed for record March 22, 1988, as Instrument
No. 88- 13163, records of Pulaski County, Arkansas, as to the
property described in Exhibit "A ", attached hereto and made a
part hereof, does hereby release the specific covenant contained
therein which reads as follows:
"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 covenant
is to protect the open, park -like vistas of the
property and it shall run with the land."
The lands subject to said restrictive covenant may
hereafter be held, owned, and conveyed free and clear of the
aforesaid restrictive covenant.
IN WITNESS WHEREOF, The City of Little Rock has caused
its name to be affixed by its Mayor , and
attested by its City Clerk this J W,4 day of
Mav . 1990.
CITY OF LITTLE ROCK
By:
Mayor F oyd G. Villines, III
ATT T:
City Clerk Jane Czech
INSTRUMENT PREPARED BY
MELINDA RALEY
ASSISTANT CITY ATTORNEY
171
2 —qo
tJ - ).
STATE OF ARKANSAS
COUNTY OF PULASKI
ACKNOWLEDGMENT
0
BE IT REMEMBERED, That on this day came before me, the
undersigned, A Notary Public, in and for said County and State,
duly commissioned, qualified, and acting,
Floyd G. Vi lines III and Jane Czech ,
personally 'known o me o be the Mayor and
City Clerk of the City o i e oc Arkansas,
And stated a 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, 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 %,,,a_ day of May , 1990.
My commission expires:
April 3, 2000
172
173
EXHIBIT "A"
Part of the Southeast Quarter of Section 11, Township 1 North, Range 12
WoO, in 11w Lily of Little Ruck, Pulaski County, Arkansan, more
particularly tlescrihpd as follows: Starting at the Southeast corner of the
Southeast Quarter of Section 11; thence South 89 degrees 30 minutes lh
.ecouda West along the SnuLh line thereof a distance of M0.32 feet to a
point; lhenco North 0 degrees 29 minutes 44 seconds Wert a distance of
92A.57 feet to the point of beginning; thence South 89 %roes 27 minutes
25 rcmuls West a distance of 444.35 feet to a point; thrncet North 26
r1c,tees 38 r.:inutes 57 seconds Past a distance of 98.31 feet to a point.;
t!crnce e :orth 01 deg'r'ee 37 minutes 52 seconds East a distance of 259.21 fret
In a p"OL ; thence North 17 degrees 11 mitwres 13 seconds West a distance
of M.04 feet to a point; thence North 25 degrees 11 minutes 13 nvLoudt:
krsr a distance of 117. 91 feet to a point.; thence in a Norlheaslri l�
ditrrtinn r,n a curve left having a r:olius of 223.35 feel a dintAuer ;07,27
fvvi to a puini; thence North 44 degrees 46 minutes 22 srruNdc Fast a
distauct, of 124.20 feet to a poi.ot.; thence in a SoutliwAslrrl.y diroct "o no
cnnve to the right having a radius of 22.01 feet , dir.t.nncr of 40.51 foot,
nn a point; thence South 32 degrees 52 Owes 13 rrc"nd, Past a t; ,wHce
of 51.58 feet to a point.; thence iu a Sontheastertc direction on a rurvv
ri`,-'M having a radius of 285.5h fret a distance of 145.30 feet in a point
tactic~ South 03 degrees 49 minutes 25 seconds 17M N distance of 0.20 iret
to a point; therco in a Southeas,:erly .direct -imn on curve. left Ut-rn;:, n
' thus of 63.97 [Pat a distaoc^ of 69.71 feet to a point; thence Snuih
riegrees 15 mirnitas 32 seconds fast a distance of 32.14 feet In n point;
thence in a Sout.heastefly direction on a curve right Minn a iod&A "I
5",.30 feet a distance of 58.19 feet to a point.; thence Soul'o K dvvipag S'i
pinulps 1S seconds East a distance cf 62.49 feet to a point; Mow, .`;nnth
18 degrees 07 minutes 12 seconds East a distance of 117.25 feet to ln.
point of beginning.