11181ORDINANCE NO. 11,181
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF
CERTAIN REAL PROPERTY SITUATED IN THE NW -34 OF
THE NW4 OF SECTION 2, TOWNSHIP 1 NORTH, RANGE
13 WEST, PULASKI COUNTY, ARKANSAS
WHEREAS, the Board of Commissioners of the Little Rock
Municipal Water Works, by resolution duly enacted on the 14th day
of April, 1961, has requested the Board of Directors of the City
of Little Rock, Arkansas, to approve the sale, by quitclaim deed,
of the hereinafter described real property owned by the City of
Little Rock for the use and benefit of the Little Rock Municipal
Water Works, subject to the reservation of an easement therein;
Now, Therefore,
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS:
SECTION 1. That the Mayor and City Clerk of Little Rock,
Arkansas, be, and they are hereby, authorized and directed to execute
a quitclaim deed on behalf of the City of Little Rock, Arkansas,
conveying to Rector - Phillips- Morse, Inc., Trustee, the following
described real property situated in Pulaski County, Arkansas,
to -wit:
A tract of land in the NW4 of the NW-3,4 of Section 2, Township
1 North, Range 13 West, more particularly described as
beginning at the common corner of Lots 67 and 75, Brookfield
Subdivision, said point of beginning being on the Southeast
line of a fifty foot right of way owned by the City of
Little Rock; thence Northwesterly along a line, said line
being the common line of said Lots 67 and 75 extended North-
westerly, to a point on the Northwest line of said fifty
foot right of way; thence Southwesterly along the Northwest
line of said fifty foot right of way line to a point on the
West line of the said NW-14- of the NW4, said point being on
the North right of way line of Brookridge Drive; thence
Easterly along the North right of way line-of Brookridge
Drive to a point on the Southeast line of said fifty foot
right of way owned by the City of Little Rock; thence North-
easterly along the Southeast line of said fifty foot right
of way to the point of beginning, containing 0.287 acre,
more or less, reserving, nevertheless, to the City of
Coo - a
A -13
Little Rock, Arkansas, its successors and assigns, a
perpetual right, privilege and easement for the purpose
of laying, constructing, maintaining, repairing,
replacing, testing and inspecting water mains, whether
one or more, and appurtenances thereto, now and at
different times in the future. No building may be
constructed upon the lands subject to this easement; if
the owner of said lands will first obtain approval of
the Little Rock Municipal Water Works concerning minimum
soil coverage over waterworks facilities, fencing,
driveways and walks may be constructed upon the lands
subject to this easement; and provided, further, that
neither the City of Little Rock nor the Little Rock
Municipal Water Works shall be liable for any damage done
to the land or any improvements within said strip as a
result of exercising the rights herein reserved, even
though said improvements may be constructed with Water
Works approval, as aforesaid;
said conveyance to be for a consideration of Four Hundred and
no /100 Dollars ($400.00), payable to the Little Rock Municipal
Water Works in cash at the time of the conveyance.
SECTION 2. That this ordinance shall take effect and be in
force from and after its passage.
PASSED: May 1 , 1961.
ATTEST:
City Clerk
APPROVED:
Mayor
Exhibit to Ord. #11,181
RESOLUTION
WHEREAS, by that certain judgment of the Circuit Court of
Pulaski County, Arkansas, dated March 11, 1937, filed for record
in the office of the Second Division of said Circuit Court in
Record Book 49 at Page 378, title in fee simple absolute to the
hereinafter described real property situated in Pulaski County,
Arkansas, to -wit:
A strip of land fifty feet in width, being twenty feet
in width on the Northerly side and thirty feet in width
on the Southerly side of the center of a certain pipe
line to be constructed and laid out according to the
line as then staked across the NW4 of the NW 4 of Section
2, Township 1 North, Range 13 West,
was vested in the City of Little Rock, Arkansas (for the use and
benefit of the Little Rock Municipal Water Works); and
WHEREAS, the pipe line referred to in said judgment was a
thirty nine inch water transmission line constructed upon said
land about the year 1936, which line is still in existence and
operation; and
WHEREAS, said land, since its acquisition, has been used solely
for the construction, maintenance and operation of the aforesaid
water transmission line, with appurtenances thereto, and is not
suitable for any other use by the City; and
WHEREAS, the Board of Commissioners of the Little Rock
Municipal Water Works believes that a conveyance of the fee of a
portion of said strip described as follows, to -wit:
A tract of land in the NW-4 of the iW4 of Section 2, Town-
ship 1 North, Range 13 West, Pulaski County, Arkansas,
more particularly described as beginning at the common
corner of Lots 67 and 75, Brookfield Subdivision, said
point of beginning being on the Southeast line of a fifty
foot right of way owned by the City of Little Rock;
thence Northwesterly along a line, said line being the
common line of said Lots 67 and 75 extended Northwesterly,
Resolution - Page 2
to a point on the Northwest line of said fifty foot right
of way; thence Southwesterly along the Northwest line of
said fifty foot right of way line to a point on the West
line of the said NWT of the NWT, said point being on the
North right of way line of Brookridge Drive; thence
Easterly along the North right of way line of Brookridge
Drive to a point on the Southeast line of said fifty foot
right of way owned by the City of Little Rock; thence
Northeasterly along the Southeast line of said fifty foot
right of way to the point of beginning, containing 0.287
acre, more or less,
reserving an easement to the City with appropriate protective
clauses, would be to the best interest of the City and of the
Little Pock Municipal Water Works and that said easement would
provide all of the property rights required by the City in said
strip; and
WHEREAS, the said Board of Commissioners has determined that
the fair market value of the land to be conveyed, with an easement
reserved as aforesaid, is $400.00, which sum Rector - Phillips- Morse,
Inc., Trustee, has offered to pay for said land; and
WHEREAS, the Little Rock Municipal Water Works is in need
of the funds to be derived from such sale; Now, Therefore,
BE IT RESOLVED by the Board of Commissioners of the Little
Rock Municipal Water Works that the Board of Directors of the
City of Little Rock, Arkansas, be requested to approve the sale of
the lands last above described, with such easement reserved, for
the sum of $400.00, said sale to be for cash and upon the terms
and conditions set forth in the quitclaim deed to be executed by
the Mayor and City Clerk, a copy of which is attached to and made
a part of this resolution.
Passed and unanimously adopted this 14th day of Apr.i1,/19fil.
Vice Chairman
l�'�'✓
ecretaryGY.t�i/. - Treasurer
Resolution - Page 3
CERTIFICATE
I. Lawson L. Delony, Secretary- Treasurer of the Board
of Commissioners of the Little Rock Municipal Water Works, certify
that I, as such Secretary, have custody of the minutes and
documents of the Little Rock Municipal Water Works, and that the
above and foregoing is a correct copy of a resolution adopted by
said Board of Commissioners at its regular meeting held April 14,
1961, in the City of Little Rock, Arkansas.
This certificate made this 14th day of April, 1961.
Div✓ _
Se etary- Treasurer
Subscribed and sworn to before me, the undersigned Notary
Public within and for the State of Arkansas, County of Pulaski,
this 14th day of April, 1961.
Nota u
My c�. expires:
(Seal)