7088=M = M M
RESOLUTION NO. 7,088
� M M M
A RESOLUTION AUTHORIZING AND DIRECTING THE LITTLE
ROCK PORT AUTHORITY AND THE CITY OF LITTLE ROCK,
ARKANSAS, TO EXECUTE AND DELIVER TO MISSOURI PACIFIC
RAILROAD CO. AN EASEMENT FOR RAILROAD PURPOSES.
WHEREAS, the City of Little Rock, Arkansas has previously
permitted the Little Rock Port Authority to use certain lands
owned by the City of Little Rock, Arkansas in fee and also by
easement for railroad purposes and operation of a railroad
track; and
WHEREAS, the Little Rock Port Authority has entered into
an agreement with Missouri Pacific Railroad Co. for the transfer
of this railroad right -of -way to Missouri Pacific Railroad Co.,
and the Little Rock Port Authority has requested the City of
Little Rock, Arkansas to authorize this transfer by the execu-
tion and delivery of an easement to Missouri Pacific Railroad
Co. in which the City of Little Rock, Arkansas would join as
the owner of the lands in fee and also by easement for railroad
purposes; and
WHEREAS, the City of Little Rock, Arkansas has determined
that it is in the best interest of the City of Little Rock,
Arkansas for the Little Rock Port Authority to transfer this
railroad right -of -way easement to Missouri Pacific Railroad Co.
and for the City of Little Rock, Arkansas to join the Little
Rock Port Authority as a grantor of the easement;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1: The Little Rock Port Authority be and is
149
hereby authorized and directed to execute and deliver an instru-
ment entitled "Easement" to Missouri Pacific Railroad Co. in
substantially the form of the instrument attached hereto, marked
Exhibit "A ", and made a part hereof.
SECTION 2: That -the Mayor and City Clerk be and are
hereby authorized and directed to execute and deliver the
Easement referred to in SECTION 1 hereof for and on behalf
of the City of Little Rock, Arkansas, concurrently with the
execution and delivery by the Chairman and Executive Secretary
of the Little Rock Port Authority.
SECTION 3. This Resolution shall be in full force and
effect from and after its passage.
PASSED: November 15
ATTEST:
Jan Czech, Clerk
1983
APPROVED:
2.
150
EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That Little Rock Port Authority, an instrumentality
of the City of Little Rock, Arkansas, and the City of Little
Rock, Arkansas, for and in consideration of the sum of TEN
DOLLARS ($10.00) and other good and valuable considerations,
in hand paid by Missouri Pacific Railraod Co., the receipt
of which is hereby acknowledged, do hereby grant unto Missouri
Pacific Railroad Co. and unto its successors and assigns
forever, an exclusive and perpetual right -of -way and easement
151
for railroad purposes, including the right to install, construct,
maintain, repair, operate, use, reconstruct, and renew a rail-
road track or tracks and related appurtances thereto on,
over, and across the following described lands situated in
the County of Pulaski, State of Arkansas, to wit:
A parcel of land situated in the Northeast
of Section 13, Township 1 North, Range 12 West
of the Fifth Principal Meridian; City of Little
Rock, Pulaski County, Arkansas, being more
particularly described as follows:
Commencing at the Northwest Corner of the
Northeast ; of Section 13, Township 1 North,
Range 12 West of the Fifth Principal Meridian;
thence along the North line of said Section 13,
East 1468.05 feet to a point on the West
right -of -way line of the Missouri Pacific
Railroad; thence along said West right -of -way
line, S 29° 26' 20" E, 1532.06 feet; thence
N 570 16' 28" W, 90.00 feet to a point on the
South property line of the City of Little Rock,
said point also being the Point of Beginning;
thence along said South property line S 89° 57'
40" W, 251.41 feet; thence along a curve to
the left an arc distance of 38.59 feet, said
curve having a radius of 905.366 feet and a chord
bearing and distance of N 740 56' 52" W, 38.59
feet; thence along a spiral, said spiral having
a deflection of 09° 00' 00 ", and having a chord
bearing and bearing and distance of N 82° 12'
37" W, 291.83 feet; thence N 040 49' 51" E, 10.00
feet; thence N 85° 10' 09" W, 645.25 feet; thence
N 450 41' 00" E, 105.76 feet; thence S 850 10'
09" E, 576.07 feet; thence N 04° 49' 51" E, 10.00
feet; thence along a spiral having a deflection
of 09° 00' 00" and having a chord bearing and
distance of S 820 07' 53" E, 307.51 feet; thence
along a curve to the right an arc distance of
286.53 feet, said curve having a radius of 1005.366
feet, and a chord bearing and distance of S 680
00' 16" E 285.56 feet to the Point of Beginning,
and containing 2.2 acres, more or less.
152
To have and to hold unto Missouri Pacific Railroad Co.,
its successors and assigns, so long as the lands are used
for railroad purposes.
It is understood that the above- described lands are
owned by the City of Little Rock, Arkansas, which has
permitted the Little Rock Port Authority to use same for
railroad purposes for right -of -way for the construction
and operation of a railroad track and that the above - described
lands are currently in use as right -of -way for a railroad
track, constructed, owned and operated by the Little Rock
Port Authority. The purpose of this instrument is to
transfer this railroad right -of -way easement to Missouri
Pacific Railroad Co.
The City of Little Rock, Arkansas also holds an easement
for railroad purposes upon lands adjoining and comprising an
extension to the West of the easement above - described by
virtue of Easement dated May 5, 1971 from Chicago, Rock Island
and Pacific Railroad Company to City of Little Rock of record
in Pulaski County, Arkansas deed record book 1151 at page 149,
which easement the City of Little Rock, Arkansas, has permitted
the Little Rock Port Authority to use for railroad purposes
for right -of -way for the railroad track constructed, owned and
operated by the Little Rock Port Authority. The Little Rock
Port Authority and the City of Little Rock, Arkansas, for said
considerations hereby transfer to Missouri Pacific Railroad
Co., its successors and assigns, all of their right, title
and interest existing by virtue of the Easement dated May 5,
1971 of record in Pulaski County, Arkansas deed record book
1151 at page 149, in and to the lands described therein,
which Easement dated May 5, 1971 is made a part hereof and
incorporated herein by reference.
2.
153
This instrument is executed and delivered pursuant to
7,088
Resolution No. � adopted by the Board of Directors of the
City of Little Rock, Arkansas on the 15th day of November ,
1983 and pursuant to Resolution No. _ adopted by the Board
of Directors of the Little Rock Port Authority on the
day of
, 1983.
IN WITNESS WHEREOF, the Little Rock Port Authority and
also the City of Little Rock, Arkansas have caused this
instrument to be executed by their respective duly authorized
officers as of this nth day of November , 1983.
ATTEST:
Robert G. Brave,
Executive Director
ATTE
Jan Cz L Clerk
LITTLE. ROCK PORT AUT11ORITY
rBe Brown, Jr., Chairman,
Board of Directors
CITY OF LITTLE ROCK, ARKANSAS
B1': _-
Benafield,
Mayor
3.
This instrument prepared by
FRIDA' DREDGE & CLARK
The Fist H,bonal Suddl. °.e, T•+ent, ^_th Flxa
Little Roc K, ArKansas 72201
■� r� r r r ■r r r �■■ r r r r r r■
ACKNOWLEDGMENT
STATE OF ARKANSAS)
) SS.
COUNTY OF PULASKI)
On this day of _�rt04�_, 1983, before me, a
Notary Public-,—dully cormn:issloned, qualified and acting within
and for the State and County aforesaid, appeared in person the
within named Fred I. Brown, Chairman, Board of Directors of
Little Rock Port Authority, <uil Rob,�rt G. Prive, Executive Director
of Little Rock Port Authority, to me personally known, who
stated that they were duly authorized in their respective
capacities to execute the foregoing instrument and further
stated and acknowledged that they had executed the foregoing
instrument for the consideration, uses and purposes therein
mentioned and set forth.
IN TESTIMONY WIIEigOF, I have hereunto set my hand and
official seal this, day of OejnI EYZ 1983-
—�,ry Public --
My commission expires:
,2- /-84
(SEAL)
ACKNOWLEDGMENT
STATE OF ARKANSAS)
SS.
COUNTY OF PULASKI)
154
On this day of �� �� , 1983, before me, a
Notary Public-,--July commissioned, qualified and acting within
and for the State and County aforesaid, appeared in person
the within named J. W. Benafield and Jane Czech, Mayor and
City Clerk, respectively, of the City of Little Rock,
Arkansas, to me personally known, who stated that they wore
duly authorizer] in their respective capacities to execute the
foregoing instrument and further stated and acknowledged that
they had signed, executed and delivered the foregoing instru-
ment for the consideration, uses and purposes therein mentioned
and set forth.
IN TESTIMONY WIIEREOF, I have hereunto set my hand and
official seal this //ate, day of 1983.
My commission expires:
Al 3 -9a
(SEAL)
W�-A 70- 4 • sm-1-14 /
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