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115262 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 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 ��r'�•.- M...- .......!�.i7 •� 0 9 •`• 0 0 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 7 8 9 10 11 12 13 14 15 16 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 7 8 9 10 11 12 13 14 0 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