13301IR
COD
2011023726 Received: 4/22 12011 8:39:19 AM
Recorded: 04/22/2011 08:45:34 AM Filed &
Recorded in Official Records of Larry Crane,
PULASKI COUNTY CIRCUIT /COUNTY CLERK
Fees $45.00
RESOLUTION NO. 13,301
11", 'j IS LUTION TO AUTHORIZE THE ACCEPTANCE OF LAND
FROM CENTRAL ARKANSAS WATER FOR RECREATIONAL
PURPOSES; AND FOR OTHER PURPOSES.
WHEREAS, the City of Little Rock is in need of property for recreational purposes, and
WHEREAS, Central Arkansas Water is the owner of land, more fully described in the attached
Special Warranty Deed with Possibility of Reverter, and
WHEREAS, Central Arkansas Water is willing to deed the referenced property to the City in
exchange for monetary consideration of Ten Dollars ($10.00) and the City Board of Directors has
determined the acquisition of the property to be in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF LITTLE ROCK, ARKANSAS:
Section 1. The City of Little Rock, Arkansas, hereby accepts dedication of the land described below
by Special Warranty Deed With Possibility of Reverter, the form of which is attached hereto as
Attachment "A" (the "Deed "). The Mayor, City Manager and City Clerk are hereby authorized to execute
any documents needed in connection with the acceptance of this property.
Section 2. A copy of this resolution, duly certified by the City Clerk, along with an executed copy
of the Deed, shall be filed in the Office of the Clerk and Recorder of Pulaski County at Little Rock,
Arkansas, and recorded in the deed records of Pulaski County, Arkansas.
Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
adjudication shall not affect the remaining portions of the resolution 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 the
resolution.
Section 4. Repealer. All ordinances and resolutions are hereby repealed to the extent of such
inconsistency.
ADOPTED: April 19, 2011
RESOLUTION
To accept CAW property
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APPROVED:
Mark Stodola, Mayor
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City (Attorney
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RESOLUTION
To accept CAW property
ATTACHMENT "A"
Prepared by:
C. Tad Bohannon
Wright, Lindsey & Jennings LLP
200 West Capitol Avenue, Suite 2300
Little Rock, Arkansas 72201
I certify under penalty of false swearing that at least the
legally correct amount of documentary stamps have been
placed on this instrument. (If none shown, exempt or no
consideration paid.)
Signature of Grantee or Agent:
Grantee's Address:
SPECIAL WARRANTY DEED
WITH POSSIBILITY OF REVERTER
CENTRAL ARKANSAS WATER, a consolidated water association created and
existing under the Consolidated Waterworks Authorization Act, Act 982 of the 83rd General
Assembly of the state of Arkansas ( "Grantor "), by its Chief Executive Officer, duly authorized by
proper resolution of the Board of Commissioners of Central Arkansas Water, for and in
consideration of the sum of $10.00 and other valuable consideration in hand paid by the CITY
OF LITTLE ROCK, ARKANSAS, a duly incorporated city of the first class under the laws of
the State of Arkansas ( "Grantee "), the receipt of which is hereby acknowledged, does hereby
grant, bargain, sell and convey unto Grantee, subject to the limitations, restrictions, easements
and reservations hereinafter mentioned, the real property in Pulaski County, Arkansas described
on Exhibit A attached hereto and depicted on a map attached hereto as Exhibit B (the
"Property").
This conveyance is made subject to an easement retained by Grantor over the entire area
of the Property to be used by Grantor, and its employees, contractors, and agents, for (i) purposes
of owning and operating a "consolidated waterworks system" as such term is defined in the
Consolidated Waterworks Authorization Act ( "Water System Uses "), and (ii) purposes
necessarily incidental to Water System Uses, including, without limitation, creation or
maintenance of a "buffer" or other protective zone for the protection of Jackson Reservoir,
staging of materials for construction projects related to Water System Uses, maintenance, repair
or expansion the Jackson Reservoir, or any other uses deemed necessary by Grantor for Water
System Uses (collectively, all of the purposes set forth in this paragraph shall be referred to
herein as "Access Rights ").
Whenever Grantor desires to exercise its Access Rights, Grantor shall provide Grantee
with at least six (6) months written notice of its intent to utilize the Property and shall, if
possible, identify that portion of the Property that will be utilized by Grantor if not all of the
Property will be utilized, and shall provide an estimation of the time period of use, but in no
event shall such estimation be binding upon Grantor. Notwithstanding the prior sentence, in the
event of an emergency, Grantor may enter and exercise its Access Rights without notice.
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RESOLUTION
To accept CAW property
This conveyance is also made with the express limitation that the Property shall be used
by Grantee solely for recreational activities such as playing fields, jogging, hiking, picnicking,
fishing, biking and such other passive, low impact, non - motorized activities that are consistent
with protection of the land around Jackson Reservoir (collectively "Recreational Purposes ").
Grantee's estate in the Property shall continue only for as long as all of the Property is used
for Recreational Purposes; and at such time as or in the event that any of the Property shall be
used for any other purpose or cease to be used for Recreational Purposes, all of the Property,
together with all improvements, buildings and fixtures located thereon that are of a
permanent nature, and the title thereto shall immediately and automatically revert to Grantor,
its successors and assigns, it being the intent of Grantor to convey hereby a determinable fee
which shall terminate, and the title revert, upon the use of any of the Property for any purpose
other than Recreational Purposes or in the event the Property shall cease to be used for
Recreational Purposes.
Notwithstanding the immediately preceding sentence, title to the Property shall not revert to
Grantor, its successors and assigns, unless and until Grantor (or its successors and assigns, as
appropriate) shall give written notice to Grantee stating that the Property is being used for
other than Recreational Purposes or the Property has ceased to be used for Recreational
Purposes and a period of ninety (90) calendar days shall have lapsed from the date of such
notice without Grantee's having renewed use of the Property for Recreational Purposes or
limited use of the Property for Recreational Purposes, as appropriate.
TO HAVE AND TO HOLD said Property unto Grantee for as long as said Property and
any part thereof shall be used for Recreational Purposes, and subject to a possibility of reverter of
the Property or any part thereof to Grantor in the event or at such time as the Property or any part
thereof shall cease to be used for Recreational Purposes.
GRANTOR COVENANTS WITH GRANTEE that it will forever warrant and defend
the title to said Property against all claims and encumbrances done or suffered by it (except those
of Grantor arising hereunder), but against none other.
EXECUTED: The day of , 2011.
CENTRAL ARKANSAS WATER
Graham W. Rich,
Chief Executive Officer
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RESOLUTION
To accept CAW property
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)SS:
COUNTY OF PULASKI )
ON THIS THE day of , 2011, before me, a Notary Public,
personally appeared Graham W. Rich, who acknowledged himself to be the Chief Executive
Officer of Central Arkansas Water, and that he, as such Chief Executive Officer, being
authorized so to do, executed the foregoing instrument for the consideration and purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
ACCEPTANCE:
The City of Little Rock, Arkansas, hereby accepts the above Special Warranty Deed with
Possibility of Reverter for municipal recreational purposes.
Dated this day of , 2011.
City of Little Rock, Arkansas
LI-A
Title:
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RESOLUTION
To accept CAW property
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EXHIBIT A
Description of Real Property
The following lands situated in Pulaski County, Arkansas:
A tract of land being part of the SW 1/4 of the SW 1/4; SE 1/4 of the SW 1/4; and NE 1/4 of the
SW 1/4, Section 26, T -2 -N, R -13 -W, Pulaski County, Arkansas, more particularly described as
follows:
Commencing at a found Railroad spike at the NW corner of the SW 1/4 of the SW 1/4 of said
Section 26; thence run SO1 °34'50 "W, 660.46 feet to the Point of Beginning; thence run
S88 °05' 12 "E, 27.09 feet to a fence corner; thence run along a fence the following courses and
distances: S88 °05' 12 "E, 447.76 feet; S88 °02' 18 "E, 624.55 feet; N87 °31'46 "E, 384.99 feet to a
rebar on the fence line; N87 °30' 13 "E, 66.00 feet to a rebar on the fence line; N87 °34'26 "E,
191.93 feet; N13 °49'03 "E, 817.45 feet; N56 °08'31 "E, 297.91 feet; N08 °42'28 "E, 203.30 feet;
N01 057'07 "E, 208.89 feet to a point on the north line of Lot 10, Hyland Homes Addition of
1925, also being south right -of -way of Cantrell Road (State Highway 10); thence, leaving the
said fence line, S55 °38'47 "E, 89.15 feet along the north line of said Lot 10, also being the south
right -of -way of said Cantrell Road to the west line of Lot 11 of said Hyland Homes Addition;
thence South, 414.5 feet along the west line of said Lot 11 to the southwest corner thereof, thence
East, 350 feet along the south line of said Lot 11 to the southeast corner thereof, thence East, 30
feet to a point on the east line of the SW 1/4 of said Section 26; thence South, 1660 feet more or
less to the southeast corner of SW 1/4 of said Section 26; thence West, 2640 feet more or less to
the southwest corner of said Section 26; thence North, 463.5 feet more or less to the Point of
Beginning; containing 62.95 acres, more or less. Less and Except: the right -of -way of Reservoir
Road; a water line easement, dedicated by this document, for a certain 39 -inch diameter raw
water line installed in or about 1937 being 50 feet in width, 25 feet on both sides of said 39 -inch
water line "as laid "; and a waterline easement, dedicated by this document, for a certain 24 -inch
diameter transmission main installed in 1965 under LRMWW Extension Number 3009 being 30
feet in width, 15 feet on both sides of said 24 -inch water main "as laid ".
Resolution [PAGE 6 OF 7]
To Authorize the Acceptance of Land from Central Arkansas Water
EXHIBIT B
Map of Property
[PAGE 7 OF 7]
Resolution
To Authorize the Acceptance of Land from Central Arkansas Water