12636I RESOLUTION NO. 12,636
2
3 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO FILE SUIT TO JOINTLY
4 QUIET TITLE OR IN THE ALTERNATIVE CONDEMN A SLIVER OF PROPERTY ON
5 OLD FOURCHE BAYOU ADJACENT TO THE LITTLE ROCK PORT AUTHORITY;
6 AND FOR OTHER PURPOSES.
7
8 WHEREAS, when the City acquired property for the Little Rock Port the Warranty Deed stated that
9 the property conveyed included property on Old Fourche Bayou on the south bank of the Arkansas
10 River; and
11 WHEREAS, a sliver of property on Old Fourche Bayou was subsequently transferred by Quitclaim
12 Deed to a subsequent owner; and
13 WHEREAS, the City has attempted to purchase this sliver of property in order to, among other
14 public purposes, restore the flow of Old Fourche Bayou to create a wildlife habitat and relieve
15 mosquito infestation to the adjacent subdivision; and
16 WHEREAS, the property owner has declined to sell the property to the City; and
17 WHEREAS, the City must obtain a full title search, a property appraisal, secure witnesses, and file
18 suit to quiet title or, if that cannot be determined, condemn the property, prior to restoring flow to
19 Old Fourche Bayou.
20 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,
21 ARKANSAS.
22 Section 1. The City Attorney to is authorized to file suit to quiet title or, if that cannot be
23 determined, condemn a sliver of property located in the Northwest Corner of the SE '/a of Section 9,
24 Township 1 North, Range 11 West, Pulaski County, Arkansas which involves an overlapping description
25 of property between that originally conveyed to the City for the Little Rock Port Authority and that
26 property claimed by subsequent Quitclaim Deed. The City Attorney is further directed to submit a
27 budget for lawsuit expenses to the City Manager for approval prior to filing suit.
28 ADOPTED: January 15, 2008
29 ATTEST: APPROVED:
30
32 Nancy Woad, City Clerk Mark Stodola, Mayor
33
34 APPROVED AS TO LEGAL FORM:
35
36
37 Thomas M. Carpenter, City (Attorney
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RESOLUTION - AUTHORIZING LAWSUIT TO QUIET TITLE