HomeMy WebLinkAbout3215 RESOLUTION NO. 3,215
A RESOLUTION ACCEPTING THE CONVEYANCE TO THE
CITY OF LITTLE ROCK OF AN INTEREST IN CERTAIN
LANDS ADJACENT TO TREASURE HILLS SUBDIVISION,
AN ADDITION TO THE CITY OF LITTLE ROCK, ARKAN-
SAS, TO BE USED FOR PARK AND STREET RIGHT-OF-
WAY PURPOSES; ACKNOWLEDGING THE MEMORY OF MR.
RICHARD COLBURN BUTLER, SR. , AND EDNA CLOK
BUTLER, IN WHOSE BEHALF AND MEMORY THE SAID
CONVEYANCE IS MADE BY RICHARD C. BUTLER;
AUTHORIZING THE ACCEPTANCE AND FILING OF SIMILAR
DEEDS IN FUTURE YEARS; AND FOR OTHER PURPOSES.
WHEREAS, Richard C. Butler, in memory of his late parents,
Mr. Richard Colburn Butler, Sr. , and Edna Clok Butler, has
undertaken to give, donate and convey unto the City of Little
Rock, Arkansas, over a period of years undivided interest in
certain lands adjacent to Treasure Hills Subdivision in the
City of Little Rock, Arkansas, for right-of-way and park pur-
poses; and,
WHEREAS, the first such undivided interest has been con-
veyed to the City of Little Rock in the form of a warranty deed,
hereinafter described; and,
WHEREAS, conveyances are on the condition that the property
be used for park purposes and right-of-way purposes only, as
mare fully set forth in said deed; and,
WHEREAS, it is the intention of the donor, Mr. Richard C.
Butler, to give similar deeds in future years until the entire
fee in said lands has been fully conveyed to the City of Little
Rock, subject to the restriction for park and right-of-way uses
only; and,
WHEREAS, with the deepest gratitude for this unsolicited
donation of valuable lands for public uses, it is the desire of
this Board of Directors to accept the said donation of lands as
aforesaid;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
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SECTION 1. A certain warranty deed, described in Section
2 hereof, conveying an undivided one-fourth (1/4th) interest
in certain lands within the City of Little Rock, lying adjacent
to Treasure Hills Subdivision, and the full conveyance of
certain lands adjacent thereto and also adjacent to Rodney
Parham Road, for street right-of-way purposes is hereby accept-
ed with the deepest gratitude of the citizens and Board of
Directors of the City of Little Rock, Arkansas.
SECTION 2. The form and substance of the warranty deed
referred to in Section 1 hereof is as follows:
W A R R A N T Y D E E D
With Relinquishment of Dower
KNOW ALL MEN BY THESE PRESENTS:
THAT I, Richard C. Butler for and in consideration of the sum of
One and No/100 Dollars ($1.00) and other good and sufficient considerations
in hand paid by The Citycf Little Rock, Arkansas, Grantee, the receipt of
which is hereby acknowledged, do hereby grant, bargain, sell and convey unto
the said Grantee, its successors and assigns forever, the following lands
lying in the County of Pulaski and State of Arkansas, to-wit:
TRACT 1:
Part of the SEA Section 34, Township 2 North, Range 13 West, Pulaski
County, Arkansas , more particularly described as follows: Commencing
at the SW corner of SEA Section 34, Township 2 North, Range 13 West,
thence North 00°07'30" West a distance of 2,572 .8 feet to the point
of beginning; thence South 24°36' 20" East 541. 66 feet ; thence South
46°29 '30" East 473 .19 feet ; thence North 43°30 ' 30" East 10 .00 feet;
thence North 46°29 ' 30" West 469 .19 feet; thence North 24°36' 20" West
541 . 71 feet; thence North 47°07 '50" West 11 .33 feet , thence South
00°07 '30" East 13 .68 feet to the point of beginning, containg 0.32
acres, more or less
TRACT 2:
An undivided one-fourth ( -) interest in a part of the SEk Section 34,
Township 2 North, Range 13 West, Pulaski County, Arkansas, more
particularly described as follows: Commencing at the Southwest corner
of the Southeast Quarter, Section 34, Township 2 North, Range 13 West
thence North 00°07'30" West a distance of 1655 .0 feet to the point of
beginning; thence East 163 .61 feet, thence South 58°46 ' 26" East 238. 15
feet, thence North 43°30 '30" East 310 feet to a point on the southerly
right-of-way line of Rodney Parham Road, thence North 46°29 ' 30" West
473 .19 feet along the southerly right-of-way of Rodney Parham Road,
thence North 24°36' 20" West 541.66 feet along said southerly right-of-
way line, thence South 00°07 ' 30" East 917 . 80 feet to the point of
beginning, Containing 6.04 acres, more or less .
To have and to hold the same unto the said Grantee and unto its successors
and assigns forever, with all the appurtenances thereto belonging.
Grantee, as a part of the consideration hereof, does covenant that it
will maintain and use of said lands referred to as Tract 2 as a public park-
playground and that Tract 1 shall be used for right-of-way for street and
public utility purposes.
And we hereby covenant with said Grantee that we will forever warrant
and defend the title to the said lands against all claims whatever , subject,
however, to existing easements and rights of way.
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And I, Gertrude R. Butler, wife of the said Richard C. Butler, for
and in consideration of the said sum of money, do hereby release and
relinquish unto the said Grantee, all my right of dower and homestead in
and to the said lands. ,}
WITNESS our hands and seals on this (2(A ay of September, 1964 .
R' c and C. But er—
a.
Gertrude R. Buller
A C K N O W L E D G M E N T
STATE OF ARKANSAS)
) ss.
COUNTY OF PULASKI)
BE IT REMEMBERED, That on this day came before me, the undersigned, a
notary public within and for the county aforesaid, duly commissioned and
acting, Richard C. Butler to me well known as the grantor in the foregoing
Deed, and stated that he had executed the same for the consideration and
purposes therein mentioned and set forth.
And on the same day also voluntarily appeared before me, the said
Gertrude R. Butler, wife of the said Richard C. Butler, to me well known
and declared that she had, of her own free will, executed said Deed and
signed and sealed the relinquishment of dower and homestead in the said
Deed for the consideration and purposes therein contained and set forth,
Without compulsion or undue influence of her said husband.
WITNESS MY HAND AND SEAL as such notary blic on this ,3`,a day of
September, 1964.
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t/ta • % c
My commission expires :
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SECTION 3. The Board of Directors of the City of Little
Rock does hereby acknowledge that it will honor the restricted
use of the property as contained in said warranty deed and
will, in every way possible and reasonable, further the inten-
tion of the said Richard C. Butler in memorializing his
parents, Mr. and Mrs. Richard Colburn Butler, Sr.
SECTION 4. The City of Little Rock does hereby accept
in advance and authorize the filing and recordation of deeds
similar to the deed described in Section 2 hereof, which shall
be forthcoming from the said donor, Richard C. Butler, in
future years, so as to vest fee simple title to said lands in
the City of Little Rock.
SECTION 5. This resolution shall be in full force and
effect from and after its adoption.
ADOPTED: September 21 , 1964
ATTEST: D ����� APPROVED: i�.o...,
`"`City lerr Mayor