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116740 0 1 RESOLUTION NO. 11,674 2 3 A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF 0.73 4 ACRES OF LAND FROM HEIFER PROJECT INTERNATIONAL 5 TO BE USED FOR CONSTRUCTION OF AN EXTENSION TO 6 3RD STREET; AND FOR OTHER PURPOSES. 7 8 WHEREAS, the previous closure of 2nd Street limited the vehicular access east of 9 Interstate 30, making it necessary to extend 3rd Street to Shall Street, and 10 WHEREAS, the location and development of the headquarters of Heifer Project 11 International will generate a significant volume of traffic in the immediate area and it is 12 therefore necessary to construct the street system that will accommodate the demand, 13 and 14 WHEREAS, Heifer Project International is the owner of 0.73 acres of land, more 15 fully described in Section 1 below, that the City would like to acquire as public right -of- 16 way in order to construct the extension to 3rd Street, and 17 WHEREAS, Heifer Project International is willing to quitclaim the referenced 18 property to the City in exchange for monetary consideration of Ten Dollars ($10.00) and 19 the City Board of Directors has determined the acquisition of the property to be in the 20 best interests of the City. 21 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 22 THE CITY OF LITTLE ROCK, ARKANSAS: 23 Section 1. The City of Little Rock, Arkansas hereby accepts dedication of the 1 24 land described below, by quitclaim deed, a copy of which is attached hereto as 25 Attachment A (the 'Deed "): 26 • [PAGE 1 OF 3] Rewlution To accept Heifer property for ROW 9 0 New Third Street Right of Way Description 6 3 A right of way in NE 1/4 of the SE 1/4, Section 2, Township 1 North, Range 4 12 West, in the City of Little Rock, County of Pulaski, State of Arkansas 5 and being more particularly described as follows: Commencing at the NE 6 corner of the NE 1/4 of the SE 1/4 of Section 2, T 1 N, R 12 W; thence South 7 01 °16'11" West a distance of 119.29 feet, thence South 00 °57'23" West a 8 distance of 297.46 feet; thence South 88 °52'11" East a distance of 29.88 feet; 9 thence South 84 °57'24" East a distance of 70.68 feet along the South Right 10 of Way of East Fourth Street; thence South 01 °40'19" West a distance of 11 275.31 feet; thence North 46 °47'39" West a distance of 74.14 feet; thence 12 North 85 °51'27" West a distance of 458.53 feet; thence South 42 °59'31" 13 West a distance of 60.02 feet to the Northeasterly Right of Way line of 14 Industrial Street, thence North 86 °51'20" West a distance of 78.06 feet; 15 thence North 88 °42'12" West a distance of 227.81 feet to the East Right of 16 Way of Shall Street; thence North 88 °44'22" West a distance of 52.56 feet to 17 the true point of beginning for the New 3rd Street Right of Way; thence, N 18 89 °05'39 "W a distance of 492.01 feet to a point; thence, N 00 °53'04" E a 19 distance of 108.51 to a point, thence Southeasterly along a curve concave 20 to the north a chord bearing S 70 °45'09" E a distance of 154.15 feet, said 21 curve having a radius of 275.00 feet, thence S 89 °05'39" E 345.69 feet to a 22 point, thence S 00 °52'03" W 60.00 feet to the point of beginning containing 23 0.73 Acres more or less. 24 25 Section 2. A copy of this resolution duly certified by the City Clerk along with 26 an executed copy of the Deed shall be filed in the office of Clerk and Recorder of 27 Pulaski County at Little Rock, Arkansas and recorded in the deed records of Pulaski 28 County, Arkansas. 29 Section 3. Severability. In the event any portion of this resolution is declared or 30 adjudged to be invalid or unconstitutional, such declaration or adjudication shall not 31 affect the remaining portions of this resolution, which shall remain in full force and 32 effect as if the portion so declared or adjudged invalid or unconstitutional were not 33 originally a part of this resolution. 34 [PAGE 2 OF 31 Neadution To accept Heifer property for ROW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 lu 19 20 21 22 23 24 25 26 27 0 Section 4. Repealer. All ordinances and resolutions, and parts thereof, that are in conflict with any provision of this resolution are hereby repealed to the extent of such conflict. ADOPTED: February 3, 2004 ATTEST: APPROVED: Nan , Woo City Clerk APPROVED AS TO LEGAL FORM: —<7L � L-4, Thomas M. Carpenter, City Attorney // // // // Resolution To accept Heifer property for ROW /�w /OdZ4 Ji Dailey, Mayor [PAGE 3 OF 31 Ting INCritDMENT PtEEPARED BY. .AMD jaEa RRr'ORDMG RETURN TO TDnottiy W. Otooms, Esq. QUAT LEmAum, aitwus, ML$ BURROW PLLC .' 11 r Centex street' Suite 19M Little Rock, Atkettsss 72201 .(501) 319 -1700' OUT CLAIM DEED KNOW ALL PERSONS BY THESE PRESENTS: HEIFER PROJECT INTERNATIONAL, an Arkansas not - for -profit ( "Grantor"), for and in consideration of the sum of Ten and No /100 United States Dollars ($10.00) and other good and valuable consideration, in hand paid by CITY OF LITTLE ROCK, ARKANSAS ( "Grantee'D, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and quitclaim unto Grantee, and unto its successors and assigns forever, the real property situated in Pulaski County, Arkansas, described in the attached Eghiblt 1 which is made a part hereof and incorporated herein and all improvements located thereon (collectively, the "Property"), in "AS IS, WITH ALL FAULTS" condition. TO HAVE AND TO HOLD the Property unto Grantee, and unto its successors and assigns forever, with all appurtenances thereunto belonging. I certify under penalty of Wse mming ftt dune am no docamen" stamps due on dds nusaction because the wasidemdon is not monemty. IlRAN1 cgzmmm. GRAMWSADDRRES: (oen mAgesh Slpumm) I E)(tt11317 1 . EXECUTED this day of 12004. HEIFER PROJECT INTERNATIONAL.., an Arkansas not- for -profit STATE OF ARkANSAS ) )ss. ACKNOWLEDGMENT COUNTY OF ) On this day, before me, a Notary Public, duly commissioned, qualified and acting, with and for said County and State, appeared in person the within named to me well known, who stated he /she was the of Heifer Project International, an Arkansas not - for -profit and was duly authorized in that capacity to execute the foregoing instrument for and in the name and on behalf of the city, and further stated and acknowledged he/she had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth IN TESTIMONY WHEREOF, I have hereunto set my hand and official seat this day of January, 2604. Notary Public My commission expires: (SEAL) 0 0 Legal Description A right of way in NE 1 /4.of the SE 1/4, Section 2, Township 1 North, Range 12 West, in the City of Little Rock, County of Pulaski, State of Arkansas and being more particularly described as follows: Commencing at the NE corner of the NE 1/4 of the SE 1/4 of Section 2, T 1 N, R 12 W; thence South OF161P' West a distance of 119.29 feet; thence South 00'5723' West a distance of 297.46 feet; thence South 88'521P'East a distance of 29.88 feet; thence South 84'5724'East a distance of 70.68 feet along the South Right of Way of East Fourth Street; thence South OMIT West a distance of 275.31 feet; thence North 464739' West a distance of 74.14 feet; thence North 8851'27' West a distance of 458.53 feet; thence South 42593r'West a distance of 60.02 feet to the Northeasterly Right of Way line of Industrial Street; thence North 8651'20' West a distance of 78.06 feet; thence North 884212' West a distance of 227.81 feet to the East Right of Way of Shall Street; thence North 884422' West a distance of 52.56 feet to the true point of beginning for the New 3rd Street Right of Way; thence, N 89'0439'W a distance of 492.01 feet to a point; thence, N 00'5304'E a distance of 108.51 to a point, thence Southeasterly along a curve concave to the north a chord bearing S 70'4309' E a distance of 154.15 feet, said curve having a radius of 275.00 feet, thence S 8910539'E 345.69 feet to a point, thence S Otp52D3' W 60.00 feet to the point of beginning containing 0.73 Acres more or less.