1624044
1 ORDINANCE NO. 16,240
2
3 AN ORDINANCE REPEALING LITTLE ROCK,
4 ARK. ORDINANCE 754 (JANUARY 26,
5 1899) GRANTING A RIGHT -OF -WAY TO THE
CHOCTAW AND MEMPHIS RAILROAD COMPANY
6 IN THE CITY OF LITTLE ROCK; AND
7 RE- CONVEYING THE SAME PROPERTY AS AN
8 EASEMENT TO THE MISSOURI PACIFIC
9 RAILROAD COMPANY, THE SUCCESSOR OF
THE CHOCTAW AND MEMPHIS RAILROAD
10 COMPANY; DECLARING AN EMERGENCY,
11 AND FOR OTHER PURPOSES.
12
13 WHEREAS, Little Rock, Ark. Ordinance 754 (January 26, 1899)
14 ("LRO") granted a right -of -way to the Choctaw and Memphis
Railroad Company, and contains only a general description of the
15 right -of -way granted with various references to "unnamed streets
16 as well as references to certain streets no longer so named,
17 certain subdivisions no longer so named, and certain
18 individuals, property no longer so owned; and
19 WHEREAS, certain provisions and conditions of Little Rock
LRO 754 have become obsolete and incapable of accurate
20 interpretation; and
21 WHEREAS, the Missouri Pacific Railroad Company has
22 indicated that it will contractually agree, within thirty days
23 of the date this Ordinances becomes effective, to pay a
24 specified sum for the removal of and restoration to grade level
the Second Street overpass which crosses over that portion of
25 the right -of -way granted by LRO 754 formerly known as "McLean
26 Street ", although its obligation to pay is currently disputed
27 and contested; and
28 WHEREAS, the Missouri Pacific Railroad Company has
29 indicated that it will release back to the City of Little Rock a
30 portion of the right -of -way of Missouri Pacific Railroad Company
is currently legally entitled to use but no longer uses, thereby
31 allowing the City of Little Rock unrestricted use thereof,
32 described as:
33 The portion of the city street between
34 East 3rd Street and the Arkansas River,
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running approximately north and south,
1 formerly known as McLean Street, and
2 presently burdened with a right -of -way
3 pursuant to LRO 754 of 1899.
4 WHEREAS, a repeal of LRO 754 of 1899 will eliminate the
confusing and obsolete provisions of said Ordinance, and a
5 reconveyance to the Missouri Pacific Railroad Company of an
6 easement on, over and across the property now used as a railroad
7 right -of -way will clarify the issues of ownership and the
8 financial obligations of maintenance and repair in the future;
9 and
WHEREAS, the Missouri Pacific Railroad Company is currently
10 using hat of the right-of-way g part g y granted by LRO 754 of 1899
11 which is hereby being reconveyed for railroad purposes in
12 serving customers in the City of Little Rock.
13 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
14 THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. LRO 754 adopted January 26, 1899, is hereby
15 repealed.
16 SECTION .2. The City of Little Rock, Arkansas does hereby
17 grant, bargain, sell and convey to Missouri Pacific Railroad
18 Company, its successors and assigns, an easement on, over and
19 across, under and through the following described property,
which property lies within the city limits of Little Rock,
20 Pulaski County, Arkansas, is now owned by the City of Little
21 Rock, Arkansas, and was formerly burdened, together with other
22 property, with a right -of -way granted to the Choctaw and Memphis
23 Railroad by Ordinance No. 754 of 1899:
24 The city street between East 3rd Street and East
5th Street, formerly known as McLean Street; the
25 city street between McLean Street and the northerly
26 extension of College Street, known as East 5th
27 Street and the city street between East 15th Street
28 and East 16th Street, formerly known as Cherry
29 Street.
30 Additionally,
Forty (40) feet on both sides of the center line of
31 the trackage crossing over the following city
32 streets, constituting a strip of property eighty
33 (80) feet wide and with a length equal to the width
34 of the street or streets over which such strip
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crosses;
1
The crossing at East 6th Street between
2
College Street and the northerly extension of
3
Hanger Street; the crossing at Miller Street
between East 6th Street and an unnamed street; the
4
crossing at East 9th Street between the northerly
5
extension of Geyer Street and the northerly
6
extension of Last Street; the crossing at
7
Fairpoint Street between East 9th Street and the
8
easterly extension of East 11th Street; the
crossing at East 12th Street between Last Street
9
and Fairpoint Street; the crossing at East 14th
10
Street between Last Street and Reyburn Street; the
11
crossing at East 15th Street between Last Street
12
and Reyburn Street; the crossing at Reyburn Street
13
between East 14th Street and East 15th Street; the
crossing at Fletcher Street between East 13th
14
Street and East 15th Street; the crossing at East
15
15th Street at the intersection of East 15th Street
16
and Cherry Street; the crossing at East 16th
17
Street between Last Street and Reyburn Street; the
18
crossing at East 17th Street between Last Street
and Security Street; the crossing at East 26th
19
Street at the southeast corner of the National
20
Cemetery; the crossing at Bolton Street between
21
East 24th Street and East Roosevelt Road; the
22
crossing at Roosevelt Road east of the intersection
23
of Roosevelt Road and Bolton Street; the crossing
at Dugan Street between East Roosevelt Road and
24
Little Rock - Pulaski Drainage District No. 2. Levee;
25
the crossing at East 28th Street between Geyer
26
Street and Commercial Lane; the crossing at Geyer
27
Street between East 28th Street and East 30th
28
Street; the crossing at Geyer Street between East
28th Street and East 30th Street; the crossing at
29
East 30th Street between Geyer Street and
30
Confederate Boulevard; the crossing at Confederate
31
Boulevard between East 30th Street and East 32nd
32
Street; the crossing at Welch Street between East
33
30th Street and East 32nd Street; the crossing at
West 36th Street between the southerly extension of
34
Chester Street and the western boundary of
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Interstate Park; the crossing at Wright Avenue
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1 between Appianway Street and the southerly
2 extension of Jones Street; the crossing at West
3 17th Street between Jones Street and Woodrow
4 Street; and the crossing at West 18th Street
5 between Jones Street and Woodrow Street.
SECTION 3. The Missouri Pacific Railroad Company is granted
6 the right to use the property referred to in Section 2 above,
7 for any and all railroad purposes, and to grant to others the
8 right to use said property for any and all railroad purposes,
9 including but not limited to, construction, reconstruction,
maintenance, operation, repair, alteration and renewal or
10 replacement of tracks, facilities and appurtenances on the
11 property, as well as crossing the property with any equipment
12 necessary.
13 SECTION 4. When any portion of the property referred to in
14 Section 2 above involves or hereafter involves a grade crossing,
Missouri Pacific Railroad Company will, at its sole expense,
15 maintain and repair the portions of said property between the
16 ends of the railroad track ties in the crossing area. The
17 remainder of the grade crossing area within said property will
18 be maintained and repaired by and at the sole expense of the
19 City of Little Rock. If the City of Little Rock elects, after
the date of this Ordinance, to change the type of surfacing
20 material between the tract tie ends, Missouri Pacific Railroad
21 Company, at the sole expense of the City of Little Rock, shall
22 install such replacement surfacing.
23 SECTION 5. When any portion of the property referred to in
24 Section 2 above involves or hereafter involves a public roadway
crossing under Missouri Pacific Railroad Company's tracks,
25 Missouri Pacific Railroad Company shall, at its sole expense,
26 maintain and repair, or cause to be maintained and repaired, the
27 entire superstructure of the roadway - railway grade separation
28 structure; and the City of Little Rock shall, at its sole
29 expense, maintain, repair and renew, or cause to be maintained,
repaired and renewed, the entire substructure of the
30 roadway- railroad grade separation structure. When any portion of
31 said property now involves or hereinafter involves a public
32 roadway crossing over Missouri Pacific Railroad Company's
33 tracks, the City of Little Rock shall, at its sole expense,
34 maintain, repair, and renew, or cause to be maintained, repaired
35 and renewed, the entire roadway - railroad grade separation
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structure. (This provision does not apply to the roadway- railway
1 grade separation structure at Sixth Street between College
2 Street and the northerly extension of Hanger Street, as Missouri
3 Pacific Railroad Company has the obligation to maintain and
4 repair, or cause to be maintained and repaired, the entire
roadway - railway grade separation structure at this location,
5 with the exception of the roadway support and surface, which
6 will be maintained and repaired by the City of Little Rock.)
7 SECTION 6. The property referred to in Section 2 above
8 which is not maintained and repaired pursuant to the terms of
9 Section 4 or Section 5 above shall be maintained and repaired at
the sole expense of Missouri Pacific Railroad Company.
10 SECTION 7. No portion of the property referred to in
11 Section 2 above will be deemed, considered or determined to be
12 abandoned by Missouri Pacific Railroad Company unless and until
13 an authorized representative of Missouri Pacific Railroad
14 Company shall have specifically informed the City of Little Rock
in writing that Missouri Pacific Railroad Company is abandoning
15 the particular portion of the property, and the abandonment is
16 acknowledged in writing by an authorized representative of the
17 City of Little Rock. Upon abandonment pursuant to the terms of
18 this Section, all right, title, interest, easement and
19 obligation of Missouri Pacific Railroad shall cease with respect
to the portion of the property abandoned, and the City of Little
20 Rock shall thenceforth own said property free and clear of the
21 easement hereby created.
22 SECTION 8. The Missouri Pacific Railroad Company shall file
23 in the Office of the Little Rock City Clerk its written
24 acceptance of the property described in this Ordinance within
thirty (30) days of the date of passage of this Ordinance.
25 SECTION 9. If any provision of this ordinance or the
26 application thereof to any person, entity or circumstance is
27 held invalid, such invalidity shall not affect other provisions
28 or applications of the Ordinance which can be given effect
29 without the invalid provision or application, and to this end
the provisions of this Ordinance are declared to be severable.
30 SECTION 10. All existing Ordinances and parts of Ordinances
31 in conflict with this Ordinance are hereby repealed.
32 SECTION 11. Emergency. It has been found and is hereby
33 declared by this Little Rock Board of Directors that the current
34 condition of the property referred to herein has reached
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emergency proportions, and those conditions can be resolved by
the passage of this Ordinance. Therefore, an emergency is
declared to exist, and this Ordinance, being necessary for the
immediate preservation of the public peace, health and safety,
shall be in full force and effect from and after its passage,
approval and acceptance by Missouri Pacific Railroad Company
pursuant to the terms of Section 8, above.
PASSED: July 7, 1992
APPROVED AS TO FORM:
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