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RESOLUTION NO. 80108
A RESOLUTION AUTHORIZING THE SALE
OF 1.087 ACRES OF OAKLAND FRATERNAL
CEMETERY PROPERTY TO THE LITTLE
ROCK NATIONAL CEMETERY EXPANSION
CORPORATION IN SUBSTANTIALLY THE
FORM AND WITH SUBSTANTIALLY THE
CONTENTS SET FORTH THEREIN AND MADE
A PART OF THIS RESOLUTION;
AUTHORIZING THE EXECUTION AND
DELIVERY OF THE CONTRACT OF SALE;
AND PRESCRIBING MATTERS RELATING
THERETO.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS:
SECTION 1. That the sale of 1.087 acres of Oakland
Fraternal Cemetery Property to the Little Rock National Cemetery
Expansion Corporation for $13,500 is hereby authorized in
substantially the form and with substantially the contents
hereafter set forth. The Mayor and City Clerk are hereby
authorized to execute, acknowledge and deliver the Warranty Deed
for and on behalf of the City. The money received from the sale
is to be deposited to the account of Oakland Fraternal Cemetery
for the exclusive use of the cemetery for construction,
maintenance and repair. The form and content of the Warranty
Deed is hereby approved and made a part hereof, as Exhibit A.
SECTION 2. That the Mayor and City Clerk, for and on
behalf of the City, are hereby authorized and directed to do all
things, execute all instruments and otherwise take all action
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necessary to the realization of the rights of the City and to
discharge the obligations of the City under the terms of the
Warranty Deed.
SECTION 3. That the Board of Directors hereby finds and
declares the execution and delivery of the Warranty Deed is in
the furtherance of the public interest, and does not impair the
public uses of Oakland Fraternal Cemetery.
SECTION 4. That the provisions of this Resolution are
hereby declared to be separable, and if any section, phrase or
provision shall, for any reason, be declared to be invalid, such
declaration shall not affect the validity of the remainder of
the sections, phrases or provisions.
SECTION S. That all ordinances and resolutions and parts
thereof in conflict herewith are hereby repealed to the extent
of such conflict.
SECTION 6. This resolution shall be in full force and
effect from and after its adoption.
ADOPTED: February 21, 1989
ATTEST:
— Q"' ('Z"Ii
Cit Clerk Jad Czech
APPROV AS TO F RM:
MARK STODOLA, CITY ATTORNEY
APPROVED:
Mayor Flovd G. Villines, III
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WARRANTY DEED
Know All Men By These Presents:
That the CITY OF LITTLE ROCK, a municipal corporation
created and organized under the laws of the State of Arkansas,
Grantor, for and in consideration of the sum of One Dollar ($1)
and other good and valuable consideration listed below, the
receipt of which is hereby acknowledged, does hereby grant,
bargain, sell, and convey unto the Little Rock National Cemetery
Expansion Corporation, Grantee, and unto its successors and
assigns forever, the following described lands in the County of
Pulaski, State of Arkansas, to -wit:
Part of the Southeast Quarter of Section 11,
Township 1 North, Range 12 West, Pulaski County,
Arkansas, more particularly described as
follows:
Commencing at the Southeast corner of the
Southeast Quarter of Section 11, thence South 896
30' 16° West along the South line thereof a
distance of 850.32 feet to a point, thence North
00° 29' 440 West a distance of 826.57 feet for
the point of beginning; thence North 186 07' 12"
West a distance of 183.5 feet; thence North 890
55' East 298.5 feet; thence South 00° 061 East
176.5 feet to a point in the center of a
stonewall; thence North 89° 37' West along said
center of stonewall a distance of 241.7 feet to
the point of beginning, containing 1.087 acres
more or less.
Subject to covenants, restrictions and easements of
record, if any, and further subject to the specific covenant
that no fence or other similar demarcation will be constructed
on this property without the express written consent of the
Oakland Fraternal Cemetery Board of Trustees. The purpose of
this covenant is to protect the open, park -like vistas of the
property and it shall run with the land.
To have and to hold unto said Grantee, and unto its
successors and assigns forever, with all the appurtenances
thereto belonging.
And the City of Little Rock, hereby covenants with the
said Grantee that it will forever warrant and defend title to
said lands against all claims whatsoever.
THIS AGREEMENT PREPARED IN FORM
BY THE CITY ATTORNEY EYIIIBIT "A"
C,
IN WITNESS WHEREOF, the City of Little Rock, has caused
these presents to be signed by its Mayor, and attested by its
City Clerk this day of 1989.
ATTEST:
City Clerk
By:
Mayor
A C K N O W L E D G E M E N T
STATE OF ARKANSAS)
) ss
COUNTY OF PULASKI)
I, , notary public in and
for said county in the state aforesaid, do hereby certify that
F. G. "Buddy" Villines, personally known to me to be the Mayor
of the City of Little Rock, Arkansas, and Jane Czech, personally
known to me to be the City Clerk of the City of Little Rock,
Arkansas, appeared before me this day in person and severally
acknowledged that as such City Mayor and City Clerk, they signed
and sealed the said instrument and caused the seal of said City
of Little Rock to be affixed thereto pursuant to the authority
of the board of directors of the City of Little Rock, Arkansas,
as to their free and voluntary act and deed of said City of
Little Rock, Arkansas, for the uses and purposes therein set
forth.
Given under my hand and notarial seal this day
of , 1989.
NOTARY PUBLIC
My Commission Expires:
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