070500016- 7
RESOLUTION NO, 705 (#14 - 2013)
A RESOLUTIONM SUPPORT OFANDAUTHORIZING EXECUTION OF
A QUITCLAIM DEED FROM THE CITY OF JACKSONVILLE FOR
CERTAIN REAL PROPERTY DESCRIBED HEREIN (GENERAL
DESCRIPTION. 1000 - 1400 GOVERNOR WELLS ROAD,
JACKSONVILLE, ARKANSAS); AND, FOR OTHER PURPOSES,
WHEREAS, the real properties described herein are encompassed in a foreclosure
action in the Pulaski County Circuit Court, 60CV-2011-6055, Bank of Eng/and v. Dupree,
et. al.; and,
WHEREAS, because said properties were improperly included in a partial transfer
to the City of Jacksonville, Arkansas, via Warranty Deeds filed as Pulaski County Circuit
Instrument Nos. 2013043508 and 2013043515, the City Council must act to authorize
transfer of any such interests back to the rightful owner, BOE Acquisition Company, Inc.
To effectively make said transfer, the City Council must authorize Mayor Fletcher and City
Clerk Davitt to transfer any and all interests the City may inadvertently hold in said
parcels.
NOW, THEREFORE, BE IT RESOL VED BY THE CITY COUNCIL OF THE CITY
OFJACKSONVILLE, ARKANSAS, THAT:
SECTION ONE; The City of Jacksonville, Arkansas, should transfer any
and all interests improperly transferred to the City of the real properties described on the
attached Exhibit A to the rightful owner, BOE Acquisition Company, Inc. The City Council
recognizes and agrees that doing so is pursuant to a Commissioner's Deed filed of record
as Pulaski Circuit Clerk Instrument No. 201357330 and pursuant to court orders entered
in Pulaski County Circuit Court, 60CV-2011-6055, Bank of Eng/and v. Dupree, et, a/.
The Council authorizes Mayor Fletcher and City Clerk Davitt to execute and submit
a Quitclaim Deed approved by the City Attorney to complete transfer of any and all
interests the City may hold in said properties, and the Council understands that no
monetary amount will be exchanged between the parties to do so.
SECTION TWO; Any and all other Resolutions in conflict herewith are
hereby repealed to the extent of said conflict. This Resolution shall be in effect from and
after its date of passage.
RESOLUTION NO, 705 (#14-2013)
Page Two
60, 11cs
APPROVED AND ADOPTED THIS XJ DAY OF OCTOBER, 2013.
ATTEST.•
SUSAN D VITT, CITY LERK
FLETCHER
Resolution No, 705 (#14-2013)
ExhibitA
Tract I,•
(31 0) K;9
Part of the North Half of the Southeast Quarter of Section 31, Township 3 North, Range
10 West, Pulaski County, Arkansas, being more particularly described as follows:
Beginning at the Southeast corner of said North Half of the Southeast Quarter; thence S
88r22' 20" W, 1318.78 feet; thence continuing S 8822' 20" W, 1066.55 feet; thence N I
04'44" E, 13.41 feet thence N 65'12' 13" E, 615.21 feet; thence N 46 01' 05" E, 836.45
feet; thence N 75 ° 25' 28" E, 921.30 feet; thence S 7654' 58" E, 402.37 feet; thence S 0'
9'45" E, 984.92 feet to the POINT OF BEGINNING, with said tract containing 38.23 acres,
more or less.
Tract II.•
Part of the South Half of the Southeast Quarter and part of the Southeast Quarter of the
Southwest Quarter of Section 31, Township 3 North, Range 10 West, Pulaski County,
Arkansas, being more particularly described as follows: Commencing at the Southeast
corner of said Section 31; thence N 0' 09' 45" W 100.00 feet to the POINT OF
BEGINNING; thence S 88' 18'05" W, 1318.82 feet; thence S 88r 20' 10" W, 1318.82 feet;
thence S 88' 26' 15" W, 79.52 feet; thence N 2706' 00" E, 229.31 feet; thence N 3637'
53" E, 360.19 feet; thence N 11° 55' 33" W, 260.85 feet; thence N 7'04'44" E, 508.35
feet; thence N 88r22' 20" E, 1066.55 feet; thence continuing N 8822' 20" E along said
line, 1318.78 feet; thence S 0'09'45" E, 1241.08 feet to the POINT OF BEGINNING, with
said tract containing 70.66 acres, more or less.
*Property also known as Pulaski County Assessor Parcel No. 12R0310000101*