Loading...
HomeMy WebLinkAbout7175M M M M A RESOLUTION C�U UTILITIES HORIZ ROCK FOR USE BY SCLUTIO14 NO. 7,175 YING APARTMENTS 3B AND 4A OF THE WATER 124 AL PROPERTY REGIME TO THE CITY OF LITTLE E WASTE WATER UTILITY. WHEREAS, the City)of Little Rock holds title for the use and benefit of ft_Rie Little Rock Municipal Water Works ( "Water Works ") tofthe following described land in Pulaski County, Arkansas, to -wit: Apartments!3B and 4A as described in the Master Deed to Water Utilities Horizontal Property Regime, said property regime encom- passing the following described land in Pulaski County, Arkansas: Lots 7, 8, 9, 10, 11 and 12, Block 29, Original City of Little Rock, Arkansas. and WHEREAS, the Water Works desires to convey Apartments 3B and 4A of the Water Utilities Horizontal Property Regime to the City of Little Rock, Arkansas for the use and benefit of the Little Rock Sanitary Sewer Committee ( "Waste Water Utility "), and WHEREAS, the Waste Water Utility has agreed to pay consideration in the sum of One Hundred Dollars ($100.00) and other good and valuable consideration for Apartments 3B and 4A of the Water Utilities Horizontal Property Regime, NOW, THEREFORE, BE IT RESOLVED by the Board of h Directors of the City of Little Rock, pursuant to the request of the Board of Commissioners of the Little Rock Municipal Waters Works and the Board of Commissioners of the Little Rock Sanitary Sewer Committee, that the Mayor and City Clerk be, and they are hereby authorized to execute deeds to the Apartments described on Exhibit A hereto in consideration of the Waste Water Utility paying the sum of One Hundred Dollars ($100.00) and other good and valuable consideration. Passed and unanimously adopted this 17th day of April ,1984. CITY OF LITTLE ROCK, ARKANSAS Mayor J. Ben field Approved: go. X, e. ,✓ Cit Clerk Jan Czech � -5 G -i WARRANTY DEED 12 5 ! KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of Little Rock, Arkansas, for the use and benefit of the Little Rock Municipal Water Works, GRANTOR, for and in consideration of the sum of One Hundred Dollars ($100.00) and other good and valuable consideration, in hand paid by the City of Little Rock, Arkansas for the use and benefit of the Tittle Rock Sanitary Sewer Committee, GRANTEE, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the said Grantee, and unto its successors and assigns forever, the following described land situated in the County of Pulaski, State of Arkansas, to -wit: Apartments 3B and 4A as described in the Master Deed to Water Utilities Horizontal Property Regime, said property regime encompassing the following described land in Pulaski County, Arkansas: Lots 7, 8, 9, 10, 11 and 12, Block 29, Original City of Little Rock, Arkansas. To have and to hold the same unto the said Grantee and unto its successors and assigns forever, with all appurtenances thereunto belonging. And Grantor hereby covenants with the said Grantee that it will forever warrant and defend the title to said lands against all lawful claims whatever. Grantor specifically reserves unto itself and acknowledges it owns fee simple title to: Apartments 1A, 2A and 3A as described in the Master Deed to Water Utilities Horizontal Property Regime, said property regime encom- passing the following described land in Pulaski County, Arkansas: Lots 7, 8, 9, 10, 11 and 12, Block 29, Original City of Little Rock, Arkansas. IN WITNESS WHEREOF, this instrument was executed on this day of 1984. CITY OF LITTLE ROCK, ARKANSAS for the use and benefit of Little Rock Municipal Water Works r M111M 924222. & U (Aty • !, F-J t_a STATE OF ARKANSAS ) ) ss ACKNOWLEDGMENT COUNTY OF PULASKI ) On this day personally appeared before the undersigned, a Notary Public within and for the County and State the within named �%, /��y .�Q to me personally well known, ed t ar/he was the Mayor of the City of Little Rock, Arkansas, and stated and acknowledged that he was duly authorized to execute the foregoing instrument for and in the name and behalf of said City of Little Rock, and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration and purposes therein mentioned and set forth. WITNESS my hand and official seal on this /8 ,day of �pA4p 1984. — ° Notary Notary Public �� My Commission Expires: ( S E A L ) prj1 126 f MASTER DEED TO WATER UTILITIES HORIZONTAL PROPERTY REGIME 12 7 KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of Little Rock, Arkansas, for the use and benefit of the Little Rock Municipal Water Works, ( "Declarant ") Is the owner in fee simple of the following described land In Pulaski County, Arkansas, to -wit: Lots 7, 8, 9, 10, 11 and 12, Block 29, Original City of Little Rock, Arkansas; and, WHEREAS, Declarant desires to submit the above - described property, together with the Improvements constructed thereon to a con- dominium under the provisions of the Arkansas Horizontal Property Act, same being Act 60 of the First Extraordinary Session of the 1961 Gener- al Assembly for the State of Arkansas; NOW, THEREFORE, Declarant does hereby declare that the above - described land, together with all Improvements constructed and to be constructed thereon, as shown by the attached plans and drawings, to be a horizontal property regime, and to be forever known as "Water UtIl Iti es Horizontal Property Regime ", Every deed of conveyance or other Instrument affecting title to any apartment In said Regime, de- scribing the same by the apartment number or numbers as shown on the attached plans and drawings, and adding the words "Water Utilities Horizontal Property Regime" shall be deemed to contain a good and sufficient description for alt purposes and shall pass title to said apartment as described and to that apartment's pro rata share of the general common elements of said Regime, as described herein and as shown on the plans attached hereto. Declarant, pursuant to the Horizontal Property Act, does hereby declare and state upon behalf of Itself, Its successors and as- signs, and upon behalf of all persons having or seeking to acquire any Interest of any nature whatsoever in said property, the following dec- laration and covenants, which declaration and covenants shall run with the land and shall be bindinq on all owners and future owners of apart- ments in the Regime: 1, Description of the Land. The land making up the Regime is composed of the fee simple Interest in the above - described real property containing approximately 429000 square feet more or less. 2. Description of Buildings. The Declarant is the owner of a four -story building and supporting parking lot and landscaping on the above - described land and supporting parking lot and landscaping. The project shall be known and designated as Water Uti l it l es Horizontal Property Regime according to the plans and drawings filed simultaneous- ly herewith in the office of the Circuit Clerk and Ex- Officio Recorder for Pulaski County, Arkansas. 3. Description of Apartments. (a) 'Apartment IA consists of 7681 square feet. (b) Apartment 2A consists of 9617 square feet. (c) Apartment 3A consists of 4314 square feet. (d) Apartment 3B consists of 4342 square feet. (e) Apartment 4A consists of 9674 square feet. Each apartment consists of (1) the volumes or cubicles of space en- closed by the unfinished inner surfaces of perimeter and Interior walls, ceilings and floors thereof, including vents, doors, windows and n 4-15 t -q 1 n '® M M M� �- M M M� such other structural elements that ordI nor I are regarded as enclo- sures of space; (2) all Interior dividing walls and partitions (Includ- Ing the space occupied by such walls or partitions) excepting load - bearing Interior walls and partitions, and (3) the decorated Inner sur- faces of sold perimeter and interior walls (Including decorated Inner surfaces of all interior load- bearing walls), floors and ceilings, con- sisting of wallpaper, pa nt, plaster, caulking, t le and all other finish materials affixed or installed as a part of the physical struc- ture of all the apartment and all Immediately visible fixtures, mechan- ical systems and equipment installed and for the sole and exclusive use of the apartment commencing at the point of disconnection from the structural body of the building and from the uti l Ity Iines, pipes or systems serving the unit. In addition, Apartment IA consists of a drive -In window tellers faclI ity Including appurtenances thereto and exterior surfaces thereof. No pipes, wire, conduits or other public utility Iines or installations constituting a part of the overall system designed for the service of any particular apartment nor any of the structural members of portions thereof of any kind, Including fix- tures and appliances within the apartment which are not removable with- out ,Jeopardizing the soundness, safety or usefulness of the remainder of the building shall be deemed to be part of any apartment. Each apartment owner shall have an easement in common with the owners of all other apartments to use all pipes, wires, conduits, or other public utll ity Iines or Installations located in any of the other apartments or in any other part of the common elements In serving his apartment. Each apartment shall be subject to an easement In favor of the owners of all other apartments to use the pipes, wires, conduits, pubs lc utility Iinos or Installations and other common elements serving such other apartments located In such apartment. All other portions of the above - described property, except motor fuel storage tanks and pumps and heating and aIr -cond It i on ing equipment, but Including all Improvements erected thereon, and Including all appurtenances thereto shall be here- after known and referred to as common elements. 4. General Common Elements. The general common elements consist of all parts of the condominium property other than the apart- ment space, and motor fuel storage tanks and pumps and heating and air - conditioning equipment. The general common elements Include, but are not limited to, the following: (a) The land described above; (b) The building described above not otherwise defined herein as being embraced within the apartments, including the founda- tions, columns, girders, beams, supports, roofs, floors, ceilings, per - Imeter walls, load - bearing Interior walls and partitions and concrete slabs; (c) All of the dr I veways, roads, parking spaces, walkways, paths, trees, shrubs, fountains, yards and landscaped areas located on the above - described land; (d) All pipes, wires, conduits, air ducts and public utili- ty Ii nos , Including the space actually occupied thereby, for power, IIght, telephones, water, sewage, heat and air -cond it l on Inq; all other elements of the buildings and Improvements constructed on the aforesaid parcel of land necessary or convenient to the existence, maintenance and pafety of the property or normally in common use, 5. Percentage Appertaining to Co- owners. For the purposes of this Instrument, and for the purposes of rules, bylaws, and provi- sions of law dependent upon the value herein assigned, the basic value of the Regime is declared to be $2,500,000. The bas lc value of each apartment and the percentage appertaining to the co- owners in the expenses, and rights in the common elements and the proportionate voting rights of each apartment are as follows: - 2 - 128 M 'M r M Mon M= ! mom M M M M 1 2 1 �(� Apartment Percentage Basic value 9 IA 25.0% S 625,000 2A 25.0% 625,000 3A 12.5% 312,500 3B 12.5% 312,500 4A 25.0% 625,000 Total 100 % $2,500,000 The co- owners of the apartments are bound to contribute pro rata In the percentage computed above toward the expenses of admini - stration and of maintenance and repair of the general common elements, taxes, Insurance, maintenance of the building and toward any other expense lawfully agreed upon pursuant to the bylaws, provided that with approval of all co- owners, a co -owner may contribute in -kind service or property for all or part of that co- owner's contribution of expenses. No co -owner may except himself from contributing toward such expenses by waiver of the use or enjoyment of the common elements or by abandon- ment of the apartment belonging to him. Such payments, If not made when due, shall constitute a lien on the apartment owned by such delin- quent owner until paid. Such Ilan shall be prior to all other Iiens excepting only the lien of mortgages or similar duly recorded encum- brances. 6. Bylaws. Declarant does hereby declare that the affairs of the Water Utilities Horizontal Property Regime and all apartments located therein shall be administered, held, owned, used and conveyed, subject to all provisions contained in this Instrument, and those con- tained in the Bylaws which are as attached hereto, and as ammended from time to time, and any building rules adopted in accordance with those Bylaws. Each owner agrees to be bound by the terms and conditions of such Bylaws and rules and regulations. 7. Damage or Destruction. In the event the property com- prising the Regime Is damaged or destroyed, In whole or In part, the repair, construction or disposition of the Regime shall be governed by Ark. Stat. Ann. 450 -1021 and 550 -1022, as amended from time to time by any statutes enacted as a substitute for such statues. 8. Amendment. This master deed may be amended, modlf led, extended, changed or cancelled In whole or in part only by written In- strument signed and acknowledged by all co- owners of apartments In the Regime and the provisions of such Instruments so executed shall be binding from and after the date It Is duly filed for record In the office of the Circuit Clerk and ex- officio Recorder for Pulaski County, Arkansas. The Bylaws and buIIdI ng rules may be amended, mod if led, changed or cancelled in the manner set forth in the Bylaws. Provided, however, the owner of any apartment may subdivide that apartment by properly recorded deed. 9. General Use Restrictions. ( a ) Apartments In the Regime shall be held, owned, used and conveyed subject to all provisions contained In this Instrument as well as those contained in the Bylaws of this Regime and such Internal rules as may be adopted by the Board from time to time in accordance with those Bylaws (which Bylaws and Internal rules as amended and changed from time to time, are hereby Incorporated herein by reference) pro- vided that any person may fully rely on the accuracy and completeness of a set of such Bylaws and rules furnished by and certified to as of a date certain by the Secretary of the Board of Administration, all as more fully set forth in the Bylaws recorded herewith. (b) All apartments shall be used for office purposes exclu- sively except as may be permitted by the Bylaws or rules promulgated by the Board of Administration of Water Utilities Horizontal Property Re- gime from time to time. 10. Severability. If any provision of this Instrument Is held InvaIId, such validity shall not affect other provisions hereof, and to this end the provisions of this Master Deed are declared to be severable. - 3 - ® r r W � M M M M� 11. Restrictions on Sale or Lease. Except as otherwise pro- vided in Article VIII, paragraph (h) of the Bylaws of this Regime, no apartment in the Regime may be sold or leased by the owner thereof un- less and until the owner thereof (offeree) shall have received a bona fide offer for the purchase or lease thereof in writing and shall have given notice of such offer in writing to the Secretary of the Regime, which notice shall be given by certified mail addressed to said Secre- tary at the mailing address where the Regime receives mail. Such no- tice shall contain the name or names of the offeror and the pr Ice, terms and conditions of such offer. It shall be the duty of said Sec- retary to promptly notify the other owner (sI of apartments In the Re- gime, by ordinary mall addressed to such owners at their last known ad- dress, of the offer and the price, terms and conditions thereof. The owner(s) of such other apartments shall have a prior right to purchase or lease the apartment for which the offer was made at the same price and upon the same terms and conditions as are contained in such offer. The pr l or right of purchase or lease herein given shall expire at 5:00 p,m, on the 10th day, excluding the day of mat l ing, following the maIl ing of the notice of each offer by the offeree to said Secretary and the mailing of such notice by such offeree shall be deemed valid and effective whether or not the same in fact is actually delivered to sa Id Secretary, or whether or not said Secretary actually dispatches notices of such offer to other apartment owners or whether or not such other owners receive the notice mailed by said Secretary. The right of purchase or lease may be exercised by giving notice thereof and delivering the right of purchase or lease, the owner first giving notice of exercise of same, as determined by time of mailing, shall prevail and have the right of purchase or lease. Upon the exercise of the right of purchase or lease, the purchaser of lessee shall thereupon be bound to proceed to consummate the purchase or lease upon the same terms and In the same manner as would the original offeror. If the owners of the other apartments shall fail to exercise their prior right of purchase or lease In the manner set forth above or shall waive such right of purchase or lease in writing, the person to whom such offer was made may then proceed to convey or lease to the or IgIna I offer, but should the offeree thereafter fail to convey or lease the apartment to the original offeror at the price and upon the terms and conditions of the orglnal offer, the provisions of this paragraph shal I apply respectively and with respect to any and every new, different, or subsequent offer, without regard to time. The term '1sale^ as used In this paragraph shall not apply to a mortgage or simllar conveyance, or a sale In connection with a lease back to the apartment owner, 12, Headings, Paragraph headings In this Master Deed are for purposes of reference and convenience only and shall not be held to limit or define the meaning of the language used in each respective paragraph, 13, Plans, Attached hereto as Exhibit A is a full and exact copy of the plans of the building and land which constitute the Water Utilities Horizontal Property Regime, Said plans constitute three (3) pages; the first page showing the site plan; the second page showing Apartments 1A, 2A and a I I common areas; and the third page showing Apartments 3A, 3B, 4A and all common areas, IN WITNESS WHEREOF, this Instrument was executed on this 1SZ6 9 day of 1984, ATTEST: 02z"I'd".tl City Cle k - 4 - CITY OF LITTLE ROCK, ARKANSAS for the use and benefit of Little Rock Municip I Water Works By Mayor r 130 i I STATE OF ARKANSAS) )ss ACKNOWLEDGMENT COUNTY OF PULASKI) On this day personally appeared before the undersigned, a Notary Public within and for the County and State, the within named J. W. Benef laid, to me personally Weil known, who acknowledged that he was duly authorized to execute 1 Instrument for and in the name and behalf of said City of and further stated and acknowledged that he had so signed, delivered said foregoing instrument for the consideration therein mentioned and set forth. stated and he foregoing Little Rock, executed and and purposes WITNESS my hand and off lcial seal on this /8/j,� day of 1984. Notary Public My Commission Expires: y- 3 -90 (SEAL) - 5 - 131 mm =mom mmmm P`i.e — if IN 3;�pS�r I _yYRat,RT,DN 132 JIM i CV, {T1Nt S,DE' -I AtL Vt41", oN T C141�IF1lV4 D S�OR�C- NUILD14� 1 PRpT� T waL,c vat \.: A6D tL7d Si0AlE5� P[N711btl5E \ \.� j� .t nu R,N, tONaTLVCFroN � � - -.. ♦ \ p� � . ` WATER UTILITIES HORI�OMTAL, D ITILVN.U% PR(3PERP REbIME SEi5BER5 AlIA -F'011 AFANTtRCNT tl1 � �. - -- AND CONttON EIFMIFNT D651CNAilON �0 ' l ~ ' yy E �m/� '� as NeT eu4 cuR\ ..- _ _ — _G.y •Mb7tM '' <`-'' _ ( � ' I• {1CRRDVIL DA \lT VSL , - 3 � � O ' I'. C CA6�l�YL WY1P aV e X �+M INT /,I4 FIt9�v p . .N }a ERITSD VGY.Y4 N {�4 Sect 29iia:Rr - kNA.tR X Z ' I I 0 9 I Oi 4 Y I Z I 4G H Y O Nl J aI $$$== �iiiT�jf.Ct I "rrF ii7RE11t RthA1N•r Tt *ii�6' MRRKIN<S. 4'E I l•R�: ss l_ .. I � CvHT N< AAPMRIT f 'F Q NDTEa _PE ^TLCT OR RlPta,CR tY15T14/ COtITINVOV9 i OI V �6F'R�c J9�CT�ME e,Sae 9!t 4NRUt1 i .�RR�a RETI ACG ASPXA�T mm � 1 \V 4T RAIGNT � • � TAIL r--G r----------- iRGES ----------------------------------- _ I ALL DRIYEWAY5•FAFKIN6 5FACE5, WALKWAYS AND LA!IDSUPIM(, LOCATED ON TN P 01 EATY. "I GENEAAL COMMON ELEMENTS U OF 1NE WATER LITILITITS , `OT 7 NOFRONTAL PMPEATT FEgIME. , r m O L SIXTH STP,EET- - 41 E t'lT4ND Al SITE PLAN I ° =20•d i . LEGAL Dr,;UPTIW LOG, T -IZ JSLOCX Z?, 091C,14AL ,83 CITY OF LITTLE VI.K. AAKAWAS Ah 6LIILT /�r I li CC9t ^fA[• .. Ld I to 1 1. R QN .o:a= R Vy !Z VY Sj YS 3! fill 0, La LL . —2 ®a Ld d, 121 'k I 19 _.D nQ as mm UJ (n QQ U. ac 0. 8 ff 14111 U_1 r� OI 0 4 UJ (n QQ U. ac 0. 8 ff 14111 U_1 r� iQ l �,� o n Or Li > Lt I . X in p �[ z •ar � rN o I I p F •.,r .tea � OD A if —{- a `arc ! Q � ab ll Yx - II � i - "i II •o II - ,o el -_. .. -• bl �' � 1- -- �_.,3'a - -. .. _.,yl• -r -'{n� I I II Irv_ ;'nvp \,Q •,.. zl+ o pC f :w I a °•° � \,g wt. jl I II m m ra .l �\ ♦�\ •�md .• Ui � E 3HW. I {_-- o If Ld 51r o I Y a OFF g �r JO � � ® Y• l W i < \ \>IdA�°t 11- NS }B Mol }L ' .G I'L ,�9•�91 ZI— 'f__.7_ -- L� o uol %Z....�Y_ ra o; re" 4' -- i - -- _ _ -__... r � � � ;iii � C lii3;_I Di ii vo __ • 4 � II y1jyW .Y:52 �� 'I ® a _ilt�>7 .f I n I e I \,'F \'\v�r�•j ,'r, `ter.' ±. f. ©� V Yrj��41 11 `I � I II I 0 .v 13,'YH ,Jpt%11G 3JLl°] - \ \\ I \ 20 —I _�___ 1_ , . \�\ \\.'• ` u \ -. a ,m \ ',yn \.. N £ I \tz t¢ `<< I ° _ 3 z II d (� 6 ,fle i lW I I-�D,f � � ��Ii I•_... 611 m 1 i.l II