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RESOLUTION NO. 9.732
� M
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A DEED OF CONSERVATION
EASE4ENT FOR THE MOUNT HOLLY CEMETERY.
WHEREAS, the City of Little Rock and Mount Holly Cemetery
Association have applied to receive a mini -grant from Arkansas
Historic Preservation Program (AHPP) to renovate the Receiving
House of the cemetery; and
WHEREAS, as a condition of receiving the grant, AHPP
requests that the City donate a conservation easement on the
Mount Holly cemetery property; and
WHEREAS, the conservation easement protects the
architectural and topographical features of the historic
property; and
WHEREAS, it is in the best interest of the City to deed the
conservation easement to AHPP in return for the mini -grant to
rehabilitate the cemetery's Receiving House.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE, ARKANSAS;
SECTION I. The Mayor and the City Clerk are authorized. to
execute the Deed of Conservation Easement attached hereto as
Exhibit "A", to the Arkansas Historic Preservation Program, as a
condition to the City's receipt of the mini -grant to
rehabilitate the Receiving House of the Mount Holly cemetery.
ADOPTED: June 18, 1996
im
MET,-si`c • -
F11IT 001
4033
THIS
DEED OF CONSERVATION EASEMENT
DEED OF CONSERVATION EASEMENT made this
day of _
Little Rock,
Preservation
by and between the City of
Arkansas, Grantor, and the Arkansas Historic
Program, a Division of the Department of
Arkansas Heritage, Grantee,
W- I- T- N- E- S- S- E -T -H:
WHEREAS, one of the purposes of the Arkansas Historic
Preservation Program as established by Act 480 of 1977 is to
engage in a comprehensive program of historic preservation to
promote the use and preservation of such property for the
public interest and the education, inspiration, pleasure, and
enrichment of the citizens of this state, and;
WHEREAS, one method to encourage such preservation is to
accept conservation easements as authorized by Act 663 of
1983, and Act 567 of 1983; and;
WHEREAS, the Grantor is the owner in fee simple of
improved real property located in Little Rock, Arkansas,
which property hereinafter referred to as "Premises" is more
particularly described below; and;
WHEREAS, the Arkansas Historic Preservation Program has
deemed that the interest created in this Deed of Conservation
Easement will aid greatly in preserving and maintaining the
premises consistent with the interests and purposes of the
Arkansas Historic Preservation Program; and;
WHEREAS, to this end, Grantor desires to grant to
Grantee, and Grantee desires to accept, a Conservation
Easement on the Premises.
EXHIBIT "A"
1
NOW, THEREFORE, in consideration of one dollar ($1.00) 405
and other good and valuable consideration, the receipt of
which is hereby acknowledged, the Grantor does hereby grant
and convey unto the Grantee an easement in gross and in
perpetuity in and to the Premises and the exterior surfaces
of improvements located thereon, known as Mount Holly
Cemetery owned by the Grantor, and more particular described
as Blocks 173, 209, 210 and 211 of the Original City of
Little Rock, Arkansas plat.
The easement herein granted and conveyed to constitute a
binding servitude upon said Premises of the Grantor, and to
that end Grantor covenants on behalf of itself, its agents,
personal representatives, successors and assigns, and all
other successors to it in interest with Grantee, such
covenants being deemed to run as a servitude in perpetuity
with the land, to do and refrain from doing upon the Premises
each of the following stipulations which contribute to the
public purpose in that they aid significally in the
preservation of the historic site in question.
(1) Without the written permission of the Arkansas
Historic Preservation Program, duly signed by its director or
her designee, no construction, alteration or remodeling shall
be undertaken or permitted which would materially affect
either the Premises herein described or the exterior
(including the roof) of the building or other improvements
located thereon as depicted in the description attached
hereto and expressly incorporated by reference herein, and
marked as "Exhibit A," and in the photographs attached hereto
and expressly incorporated by reference herein, as 'Exhibits
EXHIBIT "A"
-2-
0 0
B, C, D, E, and F" except the reconstruction, repainting or
refinishing may not be performed in a manner which would
alter the appearance of the building as depicted in said
photograph or the appearance of the lot as of this date.
(2) The Grantor agrees at all times to maintain the
Preemises in a good state of repair so that no deterioration
in its exterior or interior appearance shall take place.
(3) The Premises shall not be subdivided, nor shall it
ever be devised or conveyed except as a unit.
(4) No dumping of ashes, sawdust, bark, trash, rubbish
or any other unsightly or offensive materials which are
visible from public roads or streets shall be permitted on
the Premises.
(5) No topographical changes shall occur on the
Premises, including but not limited to extraction and the
cutting of trees greater than eight inches in diameter,
except when dead or dangerously decayed, and except that
trees may be trimmed or removed when necessary for normal
utility or public works maintenance.
(6) Grantor hereby agrees that representatives of
Grantee, its successors or assigns, shall be permitted at all
reasonable times to inspect the property. Inspections will
normally take place from the street, however, Grantor agrees
that representatives of Grantee, its successors or assigns,
shall be permitted to enter and inspect the improvements on
the Premises to insure maintenance of structural soundness.
Inspection of the interior will not, in the absence of
evidence of deterioration, take place more often than
annually. Inspection of the interior will be made at a time
EXHIBIT "A"
-3-
Ems
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mutually agreed upon by Grantor and Grantee, its successors
or assigns, and Grantor covenants not to unreasonably
withhold its consent in determining a date and time for such
inspection.
(8) In the event a violation of these regulations is
found to exist, the Arkansas Historic Preservation Program
may, following reasonable notice to the Grantor, institute a
suit to enjoin by ex parte, temporary and /or permanent
injunction such violation, and to require the restoration of
the Premises to its prior condition.
(9) The Grantor agrees that these restrictions will be
inserted by it in any subsequent deed or other legal
instrument, by which Grantor divests itself of either the fee
simple title to or of its possessory interest in the
Premises.
TO HAVE TO HOLD unto Arkansas Historic Preservation
Program, forever. The covenants agreed to and the
restrictions imposed as aforesaid shall not only be binding
upon the Grantor but also upon its agents, personal
representatives, successors and assigns, and all other
successors to it in interest, and shall continue as a
servitude running in perpetuity with Premises and shall
survive any termination of Grantees existence. All rights
reserved herein to Grantee may be exercised, modified, or
released by its successors or assigns or by its designee duly
authorized in a deed or appointment executed by the Arkansas
Historic Preservation Program.
IN WITNESS WHEREOF, Grantor has executed, sealed, and
delivered this Deed of Conservation Easement; and Grantee
EXHIBIT "A"
-4-
has caused these presents to be accepted and signed in its
corporate name by Cathryn Slater, the Director of the
Arkansas Historic Preservation Program and State Historic
Preservation Officer.
GRANTOR:
Robbie Hancock, City er
STATE OF ARKANSAS )
) SS
COUNTY OF PULASKI )
CITY OF LITTLE ROCK, ARKANSAS
By:
im Dailey, Mayor
I, notary public in
and for saict county in the s a e a oresai , do hereby certify
that Jim Dailey, personally known to me to be the Mayor of
the City of Little Rock, Arkansas, and Robbie Hancock,
personally known to me to be the City Clerk of the City of
Little Rock, Arkansas, appeared before me this day in person
and severally acknowledged that as such City Mayor and City
Clerk, they signed and sealed the said instrument and caused
the seal of said City of Little Rock to be affixed thereto
pursuant to the authority of the Board of Directors of the
City of Little Rock, Arkansas, as to their free and voluntary
act and deed of said City of Little Rock, Arkansas, for the
uses and purposes therein set forth.
Given under my hand and notarial seal this day of
, 1996.
My Commission Expires:
Notary Public
EXHIBIT "A"
-5-
SW
0
0
I Cathryn H. Slater, Director of the Arkansas Historic
Preservation Program, Grantee, hereby acknowledge that the
Arkansas Historic Preservation Program accepts the foregoing
conservation easement.
By:
Ca ryn a er, trec or
Arkansas Historic Preservation Program
State Historic Preservation Officer
STATE OF ARKANSAS )
j SS
COUNTY OF PULASKI )
On this day of , 1996, before
me a Notary Public, u y commissione- qual-�-Tied and acting
within and for the said County and State appeared in person,
CATHRYN H. SLATER, to me personally well known, who stated
that he had executed the above and foregoing document in his
duly authorized capacities as Director of the Arkansas
Historic Preservation Program for the consideration, uses and
purposes therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this day of , 1996.
My Commission Expires:
Notary Public
EXHIBIT "A"
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