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2003063482
• 18:35:24 pN
Filed
piled corded in
OfficiTrRecords of
CAROLYN STRLEY
PULASKI COUNTY
RESOLUTION NO. 11 �RCUIT /COOUNTY CLERK
A RESOLUTION TO AUTHORIZE THE CITY TO REMOVE 1.74
ACRES OF LAND FROM THE MASTER PARKS PLAN; AND FOR
OTHER PURPOSES.
WHEREAS, on October 17, 1977, the Hall- Phillips Trust dedicated to the City approximately
eighteen acres of land to the City, and
WHEREAS, the deed of dedication specifically stated that the land was to be used by the City of
Little Rock for public purposes and that if the land were ever sold or ceased to be used by the City for
public purposes, the estate would terminate and title shall revert to the Hall- Phillips Trust, and
WHEREAS, the subject dedicated property was placed on the Parks System Master Plan in Little
Rock, Ark. Ordinance No. 18,419 (January 16, 2001), and
WHEREAS, Parkway Mazda owns land on West Markham Street, adjacent to the above
dedicated land, upon which an automobile dealership is operated, and
WHEREAS, Parkway Mazda has requested that the City sell to it, for expansion of its dealership
facility, the 1.74 acres of land described in the attached deed for $225,000, and
WHEREAS, the Hall- Phillips Trust has agreed to take title from the City under the reverter
clause in the dedication deed, to place in escrow a deed of the 1.74 acres to Parkway Mazda, and to
dedicate the $225,000 proceeds to the City on condition that the proceeds be used by the City specifically
to construct a trail system along Rock Creek near the dealership, and
WHEREAS, The City has determined that the 1.74 acres is not needed for park purposes and that
the proceeds from the sale would be used to construct a significant portion of the trail system from
Bowman Curve west along Rock Creek, and
WHEREAS, the City's Parks Advisory Committee has expressed its support and approval of this
transaction as long as the City uses the funds for the trail system noted above, and
WHEREAS, none of the 1.74 acres is located within the regulated floodway of Rock Creek and
the sale will have no adverse impact on the floodway, and
WHEREAS, the release of the property from the City's Park System Master Plan and the sale of
the land for the uses, purposes and consideration stated is in the best interests of the ° °p °.nee..•, °•e
citizens of the City. °•.• °L °�[ v r��t j•�e�
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DFR2;C, ORS,OF -T E,,
CITY OF LITTLE ROC, ARKANSAS:
ED
PAGE I OF 3 « lJ.l�'��.tr;'1 l;,� q
RESOLUTION °. •�.'c {- m
PARKWAY MAZDA `� •�+ �"3n Y.,• v��y s
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1 Section 1. The Mayor and City Clerk are authorized to execute and deliver into escrow a
2 deed to the subject property in substantially the form attached hereto as Attachment A, as finally
3 approved by the City Attorney.
4 Section 2. The City Manager is authorized to execute documents deemed appropriate by the
5 City Attorney to effectuate the conveyance of the land along the terms stated in this resolution.
6 Section 3. The $225,000 proceeds from the sale of the land, less applicable closing costs, ;f
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any, shall be placed in a special account for use by the Parks and Recreation Department to develop a
park trail system as set forth above.
Section 3. Severability. In the event any portion of this ordinance is declared or adjudged to be
invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this
ordinance, which shall remain in full force and effect as if the portion so declared or adjudged invalid or
unconstitutional was not originally a part of this ordinance.
Section 4. Repealer. All ordinances and resolutions, and parts thereof, which are in conflict with
any provision of this ordinance are hereby repealed to the extent of such conflict.
PASSED: June 3, 2003
RESOLUTION
PARKWAY MAZDA
PACE 2 or 3
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ATTEST:
Nancy od, City Jerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City Attorney
//
Received on June 13, 2003
City Attorney refused to sign.
RESOLUTION
PARKWAY MAZDA
0
APPROVED:
Trir'i. I
PACE 3 OF 3