12808C IRCG
O� %' _' • `, /� 2009005300 Received: 1127/2009 11:00:42 AM
' Recorded: 01127/2009 11:20:58 AM Filed 8t
Lug r Recorded in Official Records of PAT O'BRIEN,
�� ; *, .' ✓ PULASKI COUNTY CIRCUIT /COUNTY CLERK
_-N = RESOLUTION NO. 12,808 Fees S25.00
2
•,, ��NTY, F
3 "'A .. SOLUTION TO AUTHORIZE THE CITY OF LITTLE ROCK,
4 ARKANSAS TO RELINQUISH ITS RIGHTS IN CERTAIN PROPERTY
5 PREVIOUSLY DONATED TO CENTRAL ARKANSAS WATER; AND
6 PRESCRIBING OTHER MATTERS RELATING THERETO.
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8 WHEREAS, the City of Little Rock, Arkansas (the "City ") had previously donated
9 certain property, as described in Exhibit A attached hereto (the "Property "), to Central
10 Arkansas Water ("CAW") by Special Warranty Deed dated November 27, 2007, and filed of
11 record on November 28, 2007, in the real estate records of Pulaski County, Arkansas, as
12 Document No. 2007090768, and such donation included certain rights of the City; and
13 WHEREAS, CAW utilizes the Property for the transmission pipeline from Lake Winona
14 to the Jack H. Wilson Treatment Plant (the "Pipe line "); and
15 WHEREAS, CAW has agreed to sell its fee simple interest in the Property to Deltic
16 Timber Corporation (" Deltic ") in exchange for $187,000 plus an easement for the Pipeline;
17 and
18 WHEREAS, Deltic has agreed to purchase the Property if the City's right of reversion is
19 relinquished, and
20 WHEREAS, CAW has agreed to pay to the City one -half of the net funds to be received
21 by CAW after all costs and fees related to the sale are adjudicated; and
22 WHEREAS, it is determined that the payment to the City is fair and reasonable for its
23 interest in the Property, and it is in the best interests of the City to relinquish its rights under
24 the conditions stated herein.
25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
26 THE CITY OF LITTLE ROCK, ARKANSAS:
27 Section 1. The City agrees to release, relinquish and forever discharge all restrictions,
28 reservations, covenants, limitations and reversionary rights contained in that certain prior deed,
29 referenced above, relating to, and only to, the lands in Pulaski County, Arkansas set forth in
30 Exhibit "A" attached hereto, in exchange for receipt of one -half of the net cash proceeds of
[PAGE 1 OF 3]
Resolution
To authorize CLR to relinquish right to property donated to
Central Arkansas Water
I the sale of the Property to Deltic. If the sale of the Property to Deltic is not consummated, the
2 City will retain its rights in the Property.
3 Section 2. The Mayor and City Clerk are authorized to execute all contracts and
4 conveyances acceptable to the City Attorney related to the release, relinquishment and
5 discharge of all restrictions, reservations, covenants, limitations and reversionary rights
6 contained in that certain prior deed, referenced above.
7 Section 3. A copy of this Resolution shall be filed with the City Clerk where it will be
8 available for public inspection.
9 Section 4. Severability. In the event any title, section, paragraph, item sentence clause
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phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional,
such declaration or adjudication shall not affect the remaining portions of this ordinance, which
shall remain in full force and effect as if the portion so declared or adjudged invalid or
unconstitutional was not originally a part of this ordinance.
Section 5. Repealer. All ordinances or resolutions of the City in conflict herewith are
hereby repealed to the extent of such conflict.
PASSED: December 22, 2008
ATTEST:
Nanc Wood, Cit Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, itity .Attorney
Resolution
To authorize CLR to relinquish right to property donated to
Central Arkansas Water
APPRO�
Mark Stodola, Mayor
[PAGE 2 OF 31
I EXHIBIT A
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3 (legal description)
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5 A water line easement for a 39" raw water line located in the SE 1 /,of Section 35 and
6 SW' /aof Section 36, T -2 -N, R -14 -W, Pulaski County, Arkansas, more particularly
7 described as follows:
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9 Commencing at the Southeast corner of said SW' /a section 36; thence N01 ° 10'42 "E
10 along the East line of said SW' /a X26.53 ft. to the centerline of the 39" raw water line
11 and the point of beginning; thence SO1 °10'42 "W along said East line, 33.49 ft.;
12 thence N63 ° 56' 03 "W , 167.09 ft.; thence N62 ° 11' 57 "W, 152.19 ft., thence
13 Northwesterly along the arc of a 1430.48 ft. radius curve to the left, a chord bearing
14 and distance of N64 °43'23 "W, 142.82 ft., thence N68 °33'40 "W, 357.60 ft.; thence
15 N67 °47'18 "W, 361.12 ft.; thence N82 °39'18 "W, 310.22 ft., thence N89 °38'45 "W,
16 192.43 ft.; thence N87 °50'31'W, 229.70 ft.; thence N85 °37'07 "W, 92.86 ft.; thence
17 N82 °14'13 "W, 193.77 ft.; thence N79 °42'04 "W, 163.04 ft.; thence N86 °03'03 "W,
18 183.78 ft.; thence N86 °44'49'W, 516.71 ft. to a point on the East line of the West
19 990 ft. of the SE 1 /4SE 1/0 said Section 35; thence NO 1 ° 18' 54 "E along said East line
20 50.03 ft.; thence Easterly along a line 20 ft. North of and parallel to the existing 39"
21 water line the following courses: (1) S86 °44'48 "E, 519.01 ft.; (2) S86 °03'03 "E,
22 182.02 ft.; (3) S84 °57'25 "E, 283.09 ft.; (4) S85 °37'12 "E, 165.40 ft.; (5)
23 S87 °50'29 "E, 228.54 ft.; (6) S86 °40'56 "E, 193.62 ft.; (7) S83 °58'47 "E, 108.87 ft.;
24 (8) S81 °48'08 "E, 197.70 ft.; (9) S67 °47'17 "E, 385.80 ft.; (10) S68 °33'37 "E, 358.08
25 ft.; (11) Southeasterly along the arc of a 1490.48 ft. radius curve to the right, a chord
26 bearing and distance of S62 °22'40 "E, 270.53 ft. and (12) S62 °25'24 "E, 171.97 ft. to
27 a point on the said East line of the SW 1/4 Section 36; thence SO ° 10'42 "W along said
28 East line, 22.33 ft. to the point of beginning, containing 185,201 sq. ft. or 4.2516
29 acres more or less.
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[PAGE 3 OF 3]
Resolution
To authorize CLR to relinquish right to property donated to
Central Arkansas Water