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122051 2 RESOLUTION NO. 12,205 3 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO 4 PROVIDE A LICENSE TO CENTRAL ARKANSAS TRANSIT 5 AUTHORITY TO USE CERTAIN PROPERTY FOR A RAIL 6 SWITCHING TRACK; AND FOR OTHER PURPOSES. J 8 WHEREAS, Central Arkansas Transit Authority ("CATA"), using Federal 9 Transit Administration grant funds, is currently proceeding with Phase 2 of the River 10 Rail Streetcar Project that will extend the River Rail to the Clirton Library and Heifer 11 Project Headquarters, and 12 WHEREAS, a switch must be built to let electric cars travel to the new segment 13 and then return to go west, and 14 WHEREAS, the switch will require the use of space for the rail switching track 15 on a particular small parcel of land owned by the City which is next to the City's right- 16 of-way, and 17 WHEREAS, Federal Transit Administration regulations require federally-funded 18 project grantees to have "effective continuing control" over the location where transit 19 facilities are situated and a license to CATA to use the property for a rail switching 20 track for so long as CATA continues to operate the River Rail will satisfy that 21 requirement. 22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARI� OF DIRECTORS OF 23 THE CITY OF LITTLE ROCK, ARKANSAS: 24 Section 1. The City Manager is hereby authorized to issue to CATA, on behalf 25 of the City, a license to use the property described in Attachment 1 for a rail switching 26 track for so long as CATA continues to operate the River Rail. 1 Section 2. Severability. In the event any title, section, paragraph, item, sentence, 2 clause, phrase, or word of this resolution is declared or adjudged to be invalid or 3 unconstitutional, such declaration or adjudication shall not affect the remaining 4 portions of the resolution, which shall remain in full force and effect as if the portion so 5 declared or adjudged invalid or unconstitutional were not originally a part of the 6 resolution. 7 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that 8 are inconsistent with the provisions of this resolution, are hereby repealed to the extent 9 of such inconsistency. 10 11 ADOPTED: February 7, 2006 12 13 ATTEST: 14 , i' 15 �/�'�,-��7 .%� � 16 Na cy Woo , City Clerk 17 18 APPROVED AS TO FORM: 19 20 . 21 Thomas M. Carpenter, C Attorney 22 // 23 // 24 // 25 // 26 // 27 Resolution to authorize rail switching track license to CATA APPROVED: t � Jim D i y, Mayor Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Attachment 1 LEGAL DESCRIPTION OF RAIL SWITCHING TRACK PROPERTY A PART OF RECTORTOWN ADDITION, WIGGIN'S AND YONLEY ADDITION, MISSOURI PACIFIC RAILWAY COMPANY, THE EAST 1�2 OF SECTION 2, TOWNSHIP 1 NORTH, RANGE 12 WEST AND THE NORTHWEST 1\4 OF THE SOUTH WEST 1\4 OF SECTION 1 TOWNSHIP 1 NORTH, RANGE 12 WEST, ALL IN THE CITY OF LITTLE ROCK, COUNTY OF PULASKI, STATE OF ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF BLOCK 3, RECTORTOWN ADDITION; THENCE S00°49'13"W A DISTANCE OF 50.0 FEET TO A POINT ON THE BACK OF SOUTH CURB OF EAST 3RD. STREET , AND THE POINT OF BEGINNING. THENCE CONTINUE S00°49' 13"W ALONG THE EAST LINE OF BLOCK 6, RECTORTOWN ADDITION; A DISTANCE OF 197.16 FEET; TO A POINT ALSO BEING ON A 20.0 FOOT OFFSET LINE TO THE EAST U�' THE CENTERLINE OF THE ARKANSAS DEMOCRAT GAZETTE SPUR TRACK THENCE N90°00'00"E 80.00 FEET TO A POINT ON THE BACK OF THE WEST CURB OF 3RD STREET EXTENSION, THENCE N00° 49' 13"E ALONG SAID CURB LINE 147.16 FEET TO THE POINT OF CURVATURE OF A 50.0 FOOT RADIUS CURVE TO THE LEFT THENCE ALONG ARC OF SAID CURVE 77.75 FEET AND A CHORD BEARING AND DISTANCE OF N44°36'47"W 7015 FEET TO A POINT ON THE BACK OF THE CURB OF EAST 3RD STREET AND THE POINT OF TANGENCY THENCE WEST ALONG BACK OF SAID CURB 30.00 FEET TO THE POINT OF BEGINNING. Resolution to authorize rail switching track license to CATA Page 3 of 3