Loading...
104345:83 RESOLUTION NO. 10,434 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS DETERMINING THAT THE ALLEY SITUATED IN BLOCK 39, ORIGINAL CITY OF LITTLE ROCK IS NO LONGER NEEDED FOR HIGHWAY PURPOSES AND THE WELFARE OF THE CITY WILL BE ENHANCED AND PROMOTED BY THE CLOSING AND ABANDONING THE ALLEY SITUATED IN BLOCK 39, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS AND PRESCRIBING OTHER MATTERS PERTAINING THERETO. WHEREAS, pursuant to the provisions of A. CA. §14- 301 -112, a petition was duly filed with the Board of Directors of the City of Little Rock, Arkansas on the 16 th day of October , 1998 asking the Board of Directors to vacate, close and abandon of an alley situated in Block 39, Original the City of Little Rock, as designated on the plat of said Addition now appearing of record on that certain Plat of the Original City of Little Rock, Pulaski County, Arkansas, dated December 20, 1839 and recorded in Deed Book L at Page 330 and re -filed on December 30, 1844 and re- recorded in Deed Book Q at Page 84, in the Office of the Circuit Clerk and Ex- Officio Recorder of Pulaski County, Arkansas, subject, however, to any public utility easements located in said alley. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That the north/south alley situated in Block 39, Original City of Little Rock, as shown on that certain Plat of the Original City of Little Rock, Pulaski County, Arkansas, dated December. 20, 1839 and recorded in Deed Book L at Page 330 and re- filed on December 30, 1844 and re- recorded in Deed Book Q at Page 84, in the Office of -1- c:winword\hjkpa\cataWicypet.doc • • 584 Resolution the Circuit Clerk and Ex -Officio Recorder of Pulaski County, Arkansas is not needed for highway purposes and that the welfare of the City will be enhanced and promoted by the closing and abandoning of the said alley. SECTION 2. That, in accordance with the provisions of A. CA. §14- 301 -112, the Mayor and the City Clerk be and hereby authorized, directed and empowered to make and enter into the Alley Closure Agreement, a true and correct copy of which is attached marked hereto as Exhibit "A" and by this reference is fully incorporated herein, closing and abandoning the alley situated in the said Block 39, Original City of Little Rock, Arkansas; together with any and all such other documents or instruments deemed necessary or desirable to fully effectuate the closure of the subject alley. SECTION 3. This Resolution shall be in full force and effect from and after its adoption. ADOPTED: December 15, 1998. APPROVED: mil. TITLE: Mayor, Jim Dailey ATTEST: City Clerk, Robbie Hancock -2- c:winword\hjkp \cataW1eypeLdoc vr,'A v -O"k-Ilk -4A ki Ilk vr,'A v M M M M M M M M 586 THIS INSTRUMENT PREPARED BY: HAL JOSEPH KEW, P. A. KUIP, DUCKETT, SPRA )LEY, CURRY & ARNOLD ATTORNEYS AT LAW SUITE 1300,111 CENTER STREET LITTLE ROCK, ARKANSAS 72201 (501) 372 -7243 ALLEY CLOSURE AGREEMENT KNOW ALL MEN BY TBESE PRESENTS: This Alley Closure Agreement is made and entered into on this of 1998, by and between the City of Little Rock, Arkansas, a city of the first class, hereinafter referred to as the "City", and the Central Arkansas Transit Authority, an Arkansas public transit corporation, hereinafter referred to as the "Authority". WHEREAS, the Authority is the owner Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 Block 39, Original City of Little Rock, Pulaski County, Arkansas; and, WHEREAS, the Authority intends to develop, construct, operate, maintain and. repair the River Cities Downtown Transfer Center on the entirety of said Block 39, Original City of Little Rock as part of the mass public transportation system owned, operated and maintained by the Authority in and within Central Arkansas; and, WHEREAS, pursuant to the provisions of A.C.A. §14- 301 -112, the Board of Directors of the City did on 1 1998 adopt Resolution No. finding and determining that the north/south alley situated in Block 39, Original City of Little Rock, as shown on that certain Plat of the Original City of Little Rock, Pulaski County, Arkansas, dated December 20, 1839 and recorded in Deed Book L -1- n;1a,,- WjCyWL a Exhibit "A" 0 5 8"� ALLEY CLOSURE AGREEMENT at Page 330 and re -filed on December 30, 1844 and re- recorded in Deed Book Q at Page 84, in the Office of the Circuit Clerk and Ex -Officio Recorder of Pulaski County, Arkansas is not needed for highway purposes and, that the welfare of the City will be enhanced and promoted by the closing and abandoning of the said alley and authorizing and empowering the Mayor and the City Clerk of the City of Little Rock, Arkansas to make and enter into this Agreement closing and abandoning the alley situated in the said Block 39, Original City of Little Rock, Arkansas. NOW, THEREFORE, WITNESSETH: That, pursuant to the provisions of A.CA. §14- 301 -112 and Resolution No. of the Board of Directors of the City, the City and the Authority covenant and agree that the north/South alley situated in Block 39, Original City of Little Rock, as shown on that certain Plat of the Original City of Little Rock, Pulaski County, Arkansas, dated December 20, 1839 and recorded in Deed Book L at Page 330 and re- filed on December 30, 1844 and re- recorded in Deed Book Q at Page 84, in the Office of the Circuit Clerk and Ex -Officio Recorder of Pulaski County, Arkansas be and hereafter is closed, vacated and abandoned, subject to rights of any public utilities situated therein. Furthermore, that, the City, a city of the first class, for and in consideration of the sum of $10.00 and other good and valuable consideration in hand paid by the Authority, the receipt and sufficiency of which is hereby acknowledged, does by these presents, grant, convey and quitclaim to the Central Arkansas Transit Authority, and unto its successor and assigns forever, the north/south alley situated in Block 39, Original City of Little Rock, as shown on that certain Plat of the Original City of Little Rock, Pulaski County, Arkansas, dated December 20, 1839 and recorded in Deed Book L at Page 330 and re -filed on December 30, 1844 and re- recorded in Deed Book Q at Page 84, in the Office of the Circuit Clerk and Ex -Officio Recorder of Pulaski County, Arkansas, subject to the rights of any public utilities therein. TO HAVE AND TO HOLD the same unto the said Authority and unto its successors and assigns forever; together with all tenements, hereditaments and appurtenances thereunto belonging. Executed the date and year first above written. -2- tJJry.%�wJVJPeL a City of Little Rock, Arkansas ALLEY CLOSURE AGREEMENT ATTEST: City Clerk -3- Njq,\mawflgpadw City of Little Rock, Arkansas BY: TITLE: MAYOR Central Arkansas Transit Authority BY: TITLE: Executive Director 588 ! ALLEY CLOSURE AGREEMENT ACKNOWLEDGMENT STATE OF ARKANSAS) )ss COUNTY OF PULASKI) BE IT REMEMBERED, That on this day came on before me, the undersigned, a Notary Public within and for the County aforesaid, duly commissioned and acting, personally appeared and who acknowledged themselves to be the Mayor and City Clerk of the City of Little Rock, Arkansas, a city of the first class, and that they, as such officers, being authorized so to do, executed the foregoing instrument, and stated that they had executed the same for the consideration and purposes therein mentioned and set forth, by signing the name of the corporation as such corporate officers. IN WITNESSETH WHEREOF, I have hereunto set my hand and seal on this day of 1 1998. Notary Public MY COMMISSION EXPIRES: 13 hjkpake Wl"Ldw MM • 590 ALLEY CLOSURE AGREEMENT ACKNOWLEDGMENT STATE OF ARKANSAS) )SS COUNTY OF PULASKI) BE IT REMEMBERED, That on this day came on before me, the undersigned, a Notary Public within and for the County aforesaid, duly commissioned and acting, personally appeared Keith Jones, who acknowledged himself to be the Executive Director of the Central Arkansas Transit Authority, an Arkansas public transit corporation, and that he, as such officer, being authorized so to do, executed the foregoing instrument, and stated that he had executed the same for the consideration and purposes therein mentioned and set forth, by signing the name of the corporation as such corporate officer. IN WITNESSETH WHEREOF, I have hereunto set my hand and seal on this day of 1998. Notary Public MY COMMISSION EXPIRES: -5- hikpebuw1eypcL&c