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Home My WebLink AboutHDC2005-014 2005-08-12 Attachment - Decree Quieting TitleIN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS 5`h DIVISION DONNA COLON VS. CASE NO. CV 2005 — 8803 FRED HOOKS; AND ANY PERSON, ENTITY OR ORGANIZATION CLAIMING ANY RIGHT, TITLE, INTEREST OR ANY OWNERSHIP OR CLAIM IN AND TO: "THE NORTH 28 FEET OF LOT 9, BLOCK 54, ORIGINAL CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS; and LOT 10, BLOCK 54, ORIGINAL CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS; and THE SOUTH 11/: FEET OF LOT 11, BLOCK 54, ORIGINAL CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS" DECREE QUIETING TITLE 2VU6*I F AM 10: 32 CIRCUIT-CQWTY CLERK DEFENDANTS On this day, comes on for hearing on the Plaintiff's Complaint to Quiet Title. The Plaintiff, DONNA COLON, appeared by and through its attorneys, ROBERT L. JONES, PLLC by Robert L. Jones, and the Defendant, Fred Hooks, having been duly served by Summons with notice of the time and place of hearing on the Complaint in the manner prescribed by law and the Defendant having failed to answer, respond or appear in this matter is in default upon the Summons and Complaint filed herein; and all Defendants herein, although having been properly served by Warning Order, due Proof of Publication having been filed with this Court, and more than 30 days having expired; that no Defendant appeared, pled or responded in this cause; and further, that due Notice of Quiet Title having been published with due Proof of Publication having been filed with the Clerk of this Court and four insertions, one per week, having been published with notice of this date for hearing, and no Defendants or any other person, entity, organization, occupant or other person has - 1 - robertjones:Documents:Data:2005 Legal Files:Data:COLON:FORMS:COLON Decree Quieting Title.doc claimed any right, title or interest in and to the property described in said notice as hereinafter described, has appeared, pled or responded in this cause. This matter is submitted to the Court upon the Complaint to Quiet Title, the Proof of Publication of Warning Order, the Proof of Notice of Quiet Title; and the evidence and testimony submitted by the Plaintiff. The Court after being well and sufficiently advised as to all matters of fact and law involved herein, doth find and Order as follows, to -wit: 1. This Court has jurisdiction over the parties and subject matter to this action and venue properly lies in Pulaski County, Arkansas. 2. This Court finds that the real property which is the subject matter of this litigation is located in Pulaski County, Arkansas and more particularly described as follows, to -wit: Legal Description: "THE NORTH 28 FEET OF LOT 9, BLOCK 54, ORIGINAL CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS; and LOT 10, BLOCK 54, ORIGINAL CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS; and THE SOUTH 1 '/2 FEET OF LOT 11, BLOCK 54, ORIGINAL CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS" PARCEL NUMBER: 34L-020.03-142.00 and PARCEL NUMBER: 34L-020.03-141.00 Street Address: 1410 and 1416 Commerce Street, Little Rock, Arkansas 72206 3. The Court finds that the Plaintiff, DONNA COLON, a New York resident purchased Lot 10 and the South 1 '/Z feet of Lot 11, Block 54, Original City of Little Rock, Arkansas at a negotiated sale by Limited Warranty Deed number 128930 from Charlie Daniels, Commissioner of State Lands, State of Arkansas, dated August 10, 1999 on the basis of prior offer to sell at auction by the Commissioner for non payment of real property taxes due for tax years 1992 through 1997 on May, 5, 1998 having been offered at auction and not sold; the Court further finds that Plaintiff further purchased the North 28 feet of Lot 9, Block 54, Original City of Little Rock, Arkansas by Special Warranty Deed from Pulaski - 2 - rohertjones:Documents:Data:2005 Legal Files:Data:COLON:FORMS:COLON Decree Quieting Title.doc Lands, LLC, dated May 17, 2005 and filed of record with the Pulaski County Recorder on iy 20, 2005, Instrument Number 2005042993. Pulaski Lands, LLC purchased this )perty at a negotiated sale by Limited Warranty Deed number 151312 from Mark Wilcox, Commissioner of State Lands, State of Arkansas, dated February 8, 2005 on the basis of a prior offer to sell at auction by the Commissioner for non payment of real property taxes due for tax years 1989 through 2003 on December 9, 2004 having been offered at auction and not sold on October 29, 1995. The said conveyances from the State of Arkansas were in conformity with the requirements of Arkansas law. The Court further finds that the North 28 feet of Lot 9, Lot 10 and the south 1 '/z feet of Lot 11 of Bock 54, Original City of Little Rock, Pulaski County, Arkansas are subdivided lots sold by the Commissioner of State Lands at negotiated sales pursuant to Ark. Code Ann. § 26-37-202(b). 4. The Court finds that the Plaintiff, DONNA COLON, is the lawful and record title holder of the real property described herein pursuant to the conveyance from the Commissioner of State Lands for the State of Arkansas and Pulaski Lands, LLC. 5. The Court finds that the Defendant, Fred Hooks, his heirs, successors and assigns may have claimed some interest in and to the North 28 feet of Lot 9, Block 54, Original City of Little Rock described hereinabove; however, that pursuant to Act 1215 of 2003, the sale from the Commissioner of State Lands extinguished, terminated and cancelled any interest that said Defendant, his heirs, successors and assigns may have had in and to said real property and that the time for redemption by any of such Defendants has long expired. Therefore, the Defendant, Fred Hooks, his heirs, successors and assigns, have no further right, title, interest, equity or ownership in and to said real property and whatever interest - 3 - rohertjones:Documents:Data:2005 Legal Files:Data:C01-01\150RMS:COLON Decree Quieting Title.doc may have existed previously is hereby cancelled, set aside and forever held for naught. 6. The Court finds that no individuals, entities, organizations, occupants or others have appeared, pled, answered or claimed any right, title or interest in and to the real property described hereinabove and therefore any such interest which may have existed is hereby determined to be null, void, extinguished and forever barred. 7. The Court finds that the Plaintiff, DONNA COLON, is entitled to a Decree of this Court adjudicating and quieting title in and to the real property located in Pulaski County, Arkansas and more particularly described as follows, to -wit: Legal Description: "THE NORTH 28 FEET OF LOT 9, BLOCK 54, ORIGINAL CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS; and LOT 10, BLOCK 54, ORIGINAL CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS; and THE SOUTH 1 % FEET OF LOT 11, BLOCK 54, ORIGINAL CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS" PARCEL NUMBER: 34L-020.03-142.00 and PARCEL NUMBER: 34L-020.03-141.00 Street Address: 1410 and 1416 Commerce Street, Little Rock, Arkansas 72206 in favor of the Plaintiff, DONNA COLON, free and clear of the claim of all Defendants herein and any and all individuals, entities, organizations, occupants and others claiming any right, title or interest in and to the above described real property. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. That the title to the real property described hereinabove be, and it hereby is, quieted and confirmed in the Plaintiff, DONNA COLON; that the claims of any and all persons, entities and organizations, whatsoever be and they are hereby extinguished and declared null and void, and specifically, in addition thereto, the claim of Fred Hooks, his successors and assigns, are hereby extinguished, cancelled and forever held for naught. - 4 - robertjones:Documents:Data:2005 Legal File s:Data:COLON:FORMS:COLON Decree Quieting Title.doc SO ORDERED. Circuit Judge Date ED & PRESENTED BY: Robert L. J6nes, ABN 79108 Robert L. Jones, PLLC Attorney at Law 103 East 7"' Street, Suite 316 Little Rock, AR 72201 (501) 255-0449 — 5 -- robertiones:Documents:Data:2005 Legal Files:Data:COLON:FORMS:COLON Decree Quieting Title.doc