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12400I RESOLUTION NO. 12,400 2 3 A RESOLUTION TO AUTHORIZE THE CITY MANAGER, MAYOR AND CITY CLERK 4 TO EXECUTE ANY DOCUMENTS NECESSARY AND TAKE OTHER ACTIONS 5 NEEDED TO ACCEPT THE DONATION OF 1.06 ACRES NEAR RIVERFRONT DRIVE 6 AND CANTRELL ROAD FROM JWL I LIMITED PARTNERSHIP; AND FOR OTHER 7 PURPOSES. 8 9 WHEREAS, JWL I Limited Partnership desires to donate to the City approximately 1.06 acres it 10 owns near Riverfront Drive and Cantrell Road, and 11 WHEREAS, the donation is contingent upon the reservation by donor of an access easement for in- 12 gress and egress on Jessie Drive in perpetuity, and 13 WHEREAS, this property is essential to the City's plan to create the Arkansas River trail and is to 14 be used for a pedestrian and bicycle trail for the public, and 15 WHEREAS, in May of 2005, the City researched the property sought to be donated and conducted a 16 Phase I Environmental Site Assessment through Thompson Engineering, which stated that the site visit 17 of the property revealed no environmentally recognized conditions and no potential environmental 18 concerns that would warrant additional evaluation or action, and 19 WHEREAS, JWL I Limited Partnership has provided information to City staff that this property that 20 the City seeks to acquire for its trail system has been appraised at approximately $190,000 and JWL 1 21 Limited Partnership has agreed to provide to the City a written appraisal of the property prepared by 22 an qualified appraiser prior to the donation being accepted by the City, and 23 WHEREAS, the Board of Directors has determined that the acquisition of the subject property 24 would be beneficial to the interests and welfare of the citizens of the City, and 25 WHEREAS, the Little Rock Board of Directors deems it appropriate to accept the donation of 1.06 26 acres from JWL I Limited Partnership for park purposes of constructing and maintaining a pedestrian 27 and bicycle trail and for other possible future park purposes. 28 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE 29 ROCK, ARKANSAS: 30 Section 1. The Board of Directors hereby authorizes the City Manager, Mayor and City Clerk to 31 execute any documents necessary for the City to accept the donation by JWL I Limited Partnership of 32 1.06 acres, more or less, near Riverfront Drive and Cantrell Road that is more particularly described in 33 Attachment A to this resolution. The City agrees to pay the cost of the appraisal of the property, the 34 environmental assessment, the title search, and for donor's attorney fees for handling the transaction, 35 up to a maximum of $10,000 for all of such costs taken together as a whole. 36 Section 2. Upon obtaining ownership of the donated parcel, the City agrees to maintain the parcel [PAGE 1 OF 3] Resolution Donation of 1.06 acres for Arkansas River Trail 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 26 27 28 29 30 31 32 33 34 35 36 37 38 consistent with the level it maintains the Arkansas River Trail, such that the use and appearance of the trail shall be enhanced for the entire public, which will consequently also benefit adjacent landowners of the parcel. Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such decla- ration or adjudication shalt not affect the remaining portions of the resolution which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the resolution. Section 4. Repealer. Alt laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this resolution, are hereby repealed to the extent of such inconsistency. ADOPTED: December 19, 2006 ATTEST: APPROVED: 7, �Yz" z ! �4 " / 4 "- -Z/� N cy Wood, ity Clerk AP OVED AS TO LEGAL FORM: Thomas M. Carpenter, City Attl tney Resolution Donation of 1.06 acres for Arkansas River Trail [PAGE 2 OF 3] . �_Wbgzzj Jim D iley, Mayor 1 ATTACHMENT A 2 3 Property Description 4 5 Part of the N 1/2, SW 1/4, Section 33, T -2 -N, R -12 -W, being more particularly described as: Beginning at 6 the SE corner of the NW 1/4 said SW 1/4; thence N 88'15'21 "W along the south line of the said N 1 /2, SW 7 1/4, 75.33 ft. to a point on the North right -of -way line of the Little Rock Western Railroad (100' ROW); 8 thence N 5112'1 5"W along the said North right -of -way, 376.44 ft. to a point on the East right -of -way 9 line of Riverfront Drive; thence northerly along said East right -of -way line, following the arc of a 10 476.52 ft. radius to the left, having a chord bearing and distance of N 06 °44'03 "W, 191.89 ft., thence 11 N19 °35'24 "W and continuing along the said East right -of -way line, 49.89 ft.; thence S 88 °28'43 "E, 12 17.40 ft. to the northwest corner of Tract A -1, River Front Addition; thence southeasterly along the 13 west line of said Tract A -1, following the arc of a 1145.92 ft. radius curve to the left, having a chord 14 bearing and distance of S 35 °3256 "E, 293.92 ft. to the northwest corner of Tract B, said River Front 15 Addition; thence southeasterly along the west line of said Tract B, following the arc of a 1145.92 ft. 16 radius curve to the left, having a chord bearing and distance of S 47 °04'38 "E, 165.08 ft.; thence S 17 51 '12'1 5"E, and continuing along said west line, 200.20 ft. to the southwest corner of said Tract B; 18 thence N 88'15'21"W, 57.44 ft. to the point of beginning, containing 46,552 sq. ft. or 1.0687 acres 19 more or less. (Bearings are based on Arkansas State Plane Coordinates - North Zone) 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 [PAGE 3 OF 3] Resolution Donation of 1.06 acres for Arkansas River Trail