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3312 RESOLUTION NO. 3 ,312 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF LITTLE ROCK, ARKANSAS, TO JOIN IN A WRITTEN AGREEMENT WITH THE OWNERS OF ALL THE REAL ESTATE IN BLOCK 5, REMMEL ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, TO CLOSE AND ABANDON THE ALLEYS IN AND ACROSS SAID BLOCKS; FINDING THAT SAID ALLEYS ARE NOT NEEDED FOR HIGHWAY PURPOSES; THAT THE WELFARE OF THE CITY WILL BE ENHANCED OR PROMOTED BY THE CLOSING OF SAID ALLEYS; AND FOR OTHER PURPOSES. WHEREAS, it appears that the owners of all the real estate in Block 5, Remmel Addition to the City of Little Rock, Arkansas , have determined to close and vacate the alleys in and across said Block and attach the same to the abutting lots in said Block; and have agreed to the joint execution of acts of agreement to accomplish said purpose; and WHEREAS, it appears and it is hereby found and deter- mined that said alleys situated in and across said Block 5, Remmel Addition to the City of Little Rock, Arkansas , are not needed for highway purposes and that the welfare of the City will be enhanced or promoted by the closing and abandoning of said alleys ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. That the Board of Directors of the City of Little Rock, Arkansas , acting by and through the Mayor and City Clerk of said City, shall join with the owners of all the real estate situate in Block 5 , Remmel Addition to the City of Little Rock, Arkansas , in a written agreement to close and abandon the alleys in or across said Block 5, Remmel Addition to the City of Little Rock, Arkansas , which agreement, in form, is as follows : A G R E E M E N T WHEREAS, certain alleys are presently located in and across Block 5, Remmel Addition to the City of Little Rock, Arkansas ; and, WHEREAS, R. B. Wilson and Albertine M. Wilson, his wife, and W. D. Austin Smith and Dorothy Mae Smith, his wife, are the owners in fee simple of all of the above-described block; and, WHEREAS, there are no utility facilities presently occupy- ing said alleys , and no person, firm or corporation has erected or installed any conduit, pipe, cable, pole or overhead wire along or across said alleys ; and, WHEREAS, the Board of Directors of the City of Little Rock, Arkansas , by Resolution No. , duly adopted and approved on the 14th day of April, 1965, has found and determined that said alleys in and across said Block 5, Remmel Addition to the City of Little Rock, Arkansas , are not needed for highway purposes and that the welfare of the City will be enhanced and promoted by the closing and abandoning of said alleys and has determined to join with the owners of all of the real estate situated in said Block 5, Remmel Addition to the City of Little Rock, Arkansas , in a written agreement to close and abandon the whole of said alleys , and has authorized the Mayor and City Clerk of said City to enter into said Agreement for and in behalf of said City. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That we, R. B. Wilson and Albertine M. Wilson, his wife, and W. D. Austin Smith and Dorothy Mae Smith, his wife, as the owners of the fee simple title to the above-described lands , and the City of Little Rock, Arkansas , as the owner of easements for highways , and other purposes , for and in consideration of the recitals herein contained, do by this our act of agreement vacate and wholly close up, as public alleys , those alleys situated in and across Block 5, Remmel Addition to the City of Little Rock, Arkansas , and do hereby appropriate and attach the lands covered thereby to the abutting lots or portions thereof in said Block 5. TO HAVE AND TO HOLD the same unto said R. B. Wilson and Albertine M. Wilson, his wife, and W. D. Austin Smith and Dorothy Mae Smith, his wife, and unto their successors and assigns forever, with all appurtenances thereunto belonging. WITNESS our hands and seals as of this day of April, 1965. R. B. WILSON ALBrRTINE M. WILSON W. D. AUSTIN SMITH DOROTHY MAE SMITH CITY OF LITTLE ROCK, ARKANSAS By ATTEST: MAYOR City Clerk - 2 - ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss COUNTY OF PULASKI ) On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, R. B. Wilson and Albertine M. Wilson, his wife, and W. D. Austin Smith and Dorothy Mae Smith, his wife, to me well known as the Grantors in the foregoing Agreement, and stated that they had executed the same for the consideration and purposes therein mentioned and set forth. WITNESS my hand and official seal on this 14th day of April, 1965. Notary Public My commission expires (SEAL) ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss COUNTY OF PULASKI ) On this 14th day of April, 1965, before me, a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named Harold E. Henson and Pauline Beeson to me personally well known, who stated that they were the Mayor and City Clerk of the City of Little Rock, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of the City of Little Rock, Arkansas, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 14th day of April, 1965. Notary Public My commission expires (SEAL) SECTION 2. That upon the proper execution and acknowledgment of said instrument and the filing of the same in the office of the Recorder of Pulaski County, Arkansas , the title to the land comprising said alleys so abandoned shall vest in the owners of the real estate adjacent thereto, each such adjacent owner taking title to the middle of said alleys . SECTION 3. It is hereby found and determined that said alleys in and across said Block 5, Remmel Addition to the City of Little Rock, Arkansas , are not needed for highway purposes and that the welfare of the City will be enhanced or promoted by the closing and abandoning of said alleys . ADOPTED: April 14, 1965 APPROVED: 411k Imo. Mayor Ir ATTEST: %) , 4_ i3 .1a t/ City Clerk