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RESOLUTION NO. 10,645
A RESOLUTION AUTHORIZING THE SALE OF A 50
FOOT WIDE STRIP OF LAND OWNED BY THE CITY OF
LITTLE ROCK FOR THE USE AND BENEFIT OF THE
LITTLE ROCK MUNICIPAL WATER WORKS, TO THE
SHACKLEFORD FAMILY LIMITED PARTNERSHIP, FOR
$40,000; AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A WARRANTY DEED; AND FOR OTHER
PURPOSES.
5,2
WHEREAS, for the past 50 years the Little Rock Municipal Water Works has owned a
fee simple interest in a fifty foot wide strip of land which bisects property owned by the
Shackleford family in west Little Rock off Chenal Parkway; and
WHEREAS, the Water Works has used and continues to use the strip of land for the
operation and maintenance of a water main for the transportation of raw water from the
reservoirs west of the City to the municipal treatment system; and
WHEREAS, the Shackleford Family has negotiated the sale of its property for use as a
car dealership; and
WHEREAS, the Shackleford family has requested that the strip of land be sold to it for
conveyance to the.developers of the car dealership, with a reservation of a permanent easement
in the Water Works for continued operation and maintenance of the water main; and
WHEREAS, the strip of land owned by the City has been appraised by Ronald E. Bragg,
MAI, for $40,000; and
WHEREAS, although the land is not considered to be surplus property because it is in
current use by the Water Works, the Little Rock Water Works Commission has authorized the
sale of the strip of land for the proposed development provided that an easement be reserved for
protection of the water line.
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NOW THEREFORE, BE IT RESOLVED BY THE LITTLE ROCK BOARD OF
DIRECTORS: 524
SECTION 1: The sale of the 50 foot strip of land for $40,000 is hereby approved for the
purposes stated herein, and the Mayor and City Clerk are authorized to execute a Warranty Deed
in substantially the form attached hereto as "Attachment A ", on condition that the Waterline
Easement be executed and delivered to the Little Rock Municipal Water Works, in substantially
the form attached as "Attachment B ".
SECTION 2: The $40,000 proceeds from the sale of the land shall be paid to the Little
Rock Municipal Water Works.
ADOPTED: September 7, 1999
ATTEST:
Robbie Hancock, City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter
City Attorney
APPROVED: �n
Jim 64y, Mayor
09/03/99 17:30 '$501 64807 MITCHELL LAW [boos/008
525
KNOW ALL PERSONS BY THESE PRESENTS:
THAT the CITY OF LITTLE ROCK, an Arkansas municipal corporation (hereinafter called "GRANTOR "), duly
authored by proper resolution of its Board of Directors, for and in consideration of the sam of Ten DoJ ars ($10.00) and other
good and valuable consideration, in hand paid by SRACKLEFORD FAKELY LDIMD PARTNERSHIP, an Arkansas
limited partnership (hereinafter called "GRANTEE'% the receipt and sufficiency of which is hereby acknowledged, does hereby
grant bargain, sell and com2qunto the said GRANTEE, and unto GRANTEE's successors and assigns forever, the following -
described real property simated in Pulaski County, Arkansas (the "Property'):
Part of the Southeast Quarter (SEl /4) of the Southeast Quarter (SEl /4), Section 36,
Township 2 North, Range 14 West, formerly platted as the South 50 feet of Tracts
357, 358 and 359, Dairy Farm Addition, Pulaski County, Arkansas.
TO HAVE AND TO HOLD said Property unto the said GRANTEE and unto GRANTEE's successors and assigns
forever, with all tmprovemerits thereon and all rights, Privileges, appurtenances and hereditamenis thereunto belonging.
And GRANTOR hereby covenants with the said GRANTEE that GRANTOR will forever warrant and defend the title
to said Property against all lawful claims whatever.
IN WITNESS WHEREOF, the GRANTOR has caused its corporate name to be hereunto subscribed by the Mayor and
attested by the City Clerk pursuant to a resolution of its Board of Directors, this _ day of 1999.
ATTEST:
By.
Robbie Hanoock, City Clerk
Iwo hz=mcm Wes Premed By:
E%=cm L. Mardq Esq.
MITCHELL. WIIIZila. SELIG,
GATES fe W OODYARD, P.L -I-C.
425 West CapitoL Suite 1800
Little Rock. Arkmset 72201 -3525
A7TAcA"1Nr A.
CITY OF LITTLE ROCK, ARKANSAS
By.
Sim Dailey, Mayor
I ca* unda pmdty of 81se swearing het The legally correct emouw of
do enLVy sumps have barn placed m this inshrmmar. E=npr or no
conaiderarion paid ifnone shown
[Caner or Grantee's Agc4 Evaenc L. Morin
Grantee's Address: 425 W. Capitol #1600
Lille Rock, AR 72201
09/03/99 17:31 $501 66807 MITCHELL LAW . 0006/008
STATE OF ARKANSAS )
ss:
COUNTY OF )
S2)o
On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid,
duly qualified commissioned and acting, the within named MAYOR MA DAILEY and CITY CLERK ROBBIE HANCOCK,
to me personally well known, who stated that they were the Mayor and City Clerk, respectively, of the City of Little Rock,
Arkansas, and stated and acknowledged that they were duly authorized in their respective capacities to execute the foregoing
instrument for and in the name and behalf of said municipality as directed by the City Board of Directors and fi ther stated and
acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration and purposes
therein mentioned and set forth
IN TESTIMONY WBEREOF, I have hereunto set my hand and official seal this _ day of . 1999.
My Commission Expires:
(S E A L)
aw,a,�n.m¢��ri_•dya
Notary Public
-2-
09/00/99 17:31 $501 8807 MITCHELL LAW
527
KNOW ALL PERSONS BY THESE PRESENTS:
(a007 /008
THAT SHACKLEFORD FAMILY LIMITED PARTNERS14rP, GRANTOR, an Arkansas
Limited Parmership, for the sum of One Dollar ($1,00), and other valuable consideration paid by the Board
of Commissioners of the Little Rock Municipal Water Works, the receipt of which is hereby acknowledged,
does hereby, subject to prior recorded mortgages and easements, if any, grant, bargain, sell and convey into
the City of Little Rock, Arkansas, GRANTEE, for the use and benefit of the Little Rock Municipal Water
Works, and umo the City's successors and assigns forever, the following described casement:
1. A PERMANENT RIGHT, PRAUEGE AND EASEMENT for the purpose of permitting
the Little Rock Municipal Water Works to clear and keep clear the surface of the easement and to lay,
construct, maintain, repair, replace, test and inspect underground water mains, whether one or more, and
surface appurtenances thereto, now and at different times in the f more, without the payment of additional
conmpensafion therefor. Subject to prior easements of record and except as hereinafter stated, the Water Works
shall have the exclusive use ofthe right-of- -way. The GRANTOR, its successors and assigns, may hereafter
use the surface ofthe easement for any purpose not inconsistent with the rights hereby conveyed, but may not
place a building, footing, wall, structure or other improvement upon the right -of -way except that the
GRANTOR, or its successors and assigns, may pave the easement surface and may use it for landscaping,
driveways, walls or parking areas. The GRANTOR may permit other utility services to cross this easement
at approximately right angles, but only if such utilities first comply with whatever specifications the Water
Works may designate at the time for the protection of its own facilities. This permanent easemem shall be upon
the following described lands situated in Pulaski County, Arkansas, to -wit:
Part of the Southeast Quarter (SE1 14) of the Southeast Quarter (SEl /4),
Section 36, Township 2 North, Range 14 West, formedy platted as the South
50 feet of Tracts 351, 358 and 359, Dairy Farm Addition, Pulaski County,
Arkansas.
Upon completion of any subsequent work by the Water Works, the Water works shall backfill
and thoroughly compact all excavations to mmm= settling and shall level the surface over its excavations and
pipelines, remove all excess excavated materials and debris and leave the premises in a clean sanitary condition.
If any subsequent work by the Water Works damages any fence, curb or paved surface upon the rights -of -way,
the then current owner ofthe abovcdescribed Property shall solely be responsible for repairing such damage.
The execution of this eacnnrnr does not give the GRANTOR the right to connect in or receive
service from any waterworks facility; the right to make connections and receive service shall be subject to the
rules, regulations, policies or ordinances in effect at the time of application.
A77AcN*wjff 8
0910JI99 17:31 $501 88807 MITCHELL LAW @008/008 is
And GRANTOR covenants with GRANTEE, it successors and assigns, that subject to the
terms, covenants and rights contained herein and to prior recorded mortgages and easements, if any, it will
forever warrant and defend the title to said easements and rights against the claims of all persons whomsoever
and that GRANTEE, its successors and assigns, shall have at all times the quiet use and eajoyme t of said
easements and rights-
IN WITNESS WHEREOF, the name of the GRANTOR is hereunto affixed by its duly
authorized general partners this _ day of September, 1999,
STATE OF ARKANSAS
COUNTY OF PULASKI
SHACKLEFORD FAMILY LMIITED
PARTNERSHIP
M
Johnnie M. Shacklefnrd, General Partner
sy:
Scott A. Shackleford, General Partner
On this day personally appeared before the undersigned, a Notary Public within and for the
County and State aforesaid, duly qualified, commissioned and acting, the within named Johnnie M. Shackleford
and Scott A. Shackleford, to me well known, who stated that they were the General Partners of Shackleford
Family Limited Partnership, an Arkansas limited partnership, and were duly authorized in that capacity to
execute the foregoing easement for and in the name and behalf of said limited partnership, and further stated
and acknowledged that they had so signed, executed and delivered said instrumert for the consideration, uses
and purposes therein mentioned and set forth.
WITNESS my band and offrcial seal on this , day of September, 1999,
Notary Public
My Commission Expires:
(SEAL)
E:W.vnMftMaRu'c6A ld=,ALR _AOV1 EASFAfENT.wpd