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• s
NO. 8,414
A RESOLUTION GRANTING A FRANCHISE TO JIM
SHOE FOR EXCLUSIVE USE OF A DRIVEWAY ACROSS
CITY PROPERTY.
461
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The Mayor and City Clerk are hereby authorized
to enter into a franchise agreement (as attached) with Jim Shue,
the owner of Lot 38, Cedar Hill Terrace Addition to the City of
Little Rock, Arkansas, to construct and use a driveway from his
home across Allsopp Park, city property, to connect with Cedar
Hill Road, as a means of ingress and egress from said public
street to his said home, including a covenant to maintain
vegetation and trees as reflected on the attached Exhibit "A" and
made a part hereof.
SECTION 2. This resolution shall remain in full force and
effect from and after its adoption and approval. The City reserves
the right to revoke said franchise approval in the event of a
public need superior to the use granted.
ADOPTED: December 12, 1990
ATTEST:
CI9K CLERK JA E CZECF:
APPROVED AS TO F
Ak (
MARK STODOLA, CITY ATTORNEY
APPROVED:
MAYOR F OYD G. VILLINES, III
Q-Y4
A 13
Col.• I IRI.W.T
462
This Franchise Agreement (called "franchise ") is made and
entered into the day of December, 1990 by and between the
City of Little Rock, an Arkansas Municipal Corporation (called
"City"), pursuant to authority of Resolution No. of the
Board of Directors of the City, dated December , 1990, and Jim
Shue, a private property owner in the City (called "Shue ").
WITNESSETH:
WHEREAS, the City owns fee simple title to a tract of land
lying in the south ravine of Allsopp Park adjacent to and south
of Cedar Hill Road, and
WHEREAS, Shue owns Lot 38, Cedar Hill Terrace Addition to
the City of Little Rock, Arkansas, lying east of and adjacent to
the City property, and
WHEREAS, Shue desires a franchise to construct, use and
maintain a driveway from his residence across the Allsopp Park
City -owned property to connect to Cedar Hill Road as a means of
ingress and egress from said public street to Shue's residence,
and
WHEREAS, said driveway construction will cause a loss to
the public of trees, natural features and open space which
justifies a franchise fee to be paid by Shue to the City in an
amount deemed by the parties to be fair and reasonable under the
circumstances, and
WHEREAS, the City is willing to grant said franchise under
the terms and conditions set forth herein.
, the City and Shue agree as follows:
1. FRANCHISED PREMISES.
The City hereby grants to Shue a franchise, subject to the
conditions hereafter expressed, in a certain parcel of land
containing approximately 3,868 square feet described in Exhibit
"A" attached hereto.
�•� M M M
2 . TERM. 463
The term of this franchise shall be in perpetuity unless
otherwise terminated pursuant to paragraph 7 of this franchise.
3. CONSIDERATION.
As consideration for this franchise, Shue agrees to pay and
City agrees to accept, in thirty (30) year increments, the sum of
FIFTEEN THOUSAND DOLLARS ($15,000.00) for the first increment
term, TWENTY THOUSAND DOLLARS ($20,000.00) for the second
increment term and TWENTY -FIVE THOUSAND DOLLARS ($25,000.00) for
the third increment term. Payment for the first increment term
shall be made by Shue in full upon execution of this franchise.
Payment for the second increment shall be made in full on the
thirty (30) year anniversary date of this franchise. Payment for
the third increment shall be made in full on the sixty (60) year
anniversary date of this franchise. Consideration for any term
beyond the third increment shall be renegotiated by the City and
the holder of the franchise.
4. USE OF FRANCHISED PREMISES.
Shue agrees to use the franchised premises throughout the
term hereof solely for the purpose of constructing, using and
maintaining a driveway from his residence to Cedar Hill Road in
accordance with the plans and specifications of Shue as approved
by the Department of Public Works of the City, attached as Exhibit
nBn.
5. TAXES.
Shue shall pay all taxes and assessments which may become
due upon the franchised premises and improvements placed thereon.
6. LANDSCAPING AND MAINTENANCE.
Shue agrees to install and at all times during the term of
this franchise, at his own expense, he shall maintain appropriate
landscaping in the franchised premises and where appropriate on
Lot 38 as well as the adjacent park property as identified on
1,
464
Exhibit "B ". He shall keep the premises attractive and consistent
with the surrounding area. Shue agrees that all construction will
stabilize the excavated area to prevent damage to the adjacent
park property. Shue further agrees to landscape all excavated
areas and to leave in a natural and undisturbed state all of Lot
38 lying between his residence and Cedar Hill Road.
7. TERMINATION.
The City reserves the right to revoke this franchise in the
event of failure by Shue, his heirs, successors, grantees or
assigns to comply with the conditions of approval set forth
herein. This franchise may also be terminated by the City in the
event of a public need for the franchised premises superior to the
use granted herein. Said termination shall be effective after
thirty (30) days written notice by the City to the owner of Lot 38
Cedar Hill Terrace Addition. In the event of termination for a
superior public need, City will refund any prorata portion of the
franchise fee previously collected.
8. COVENANTS RUNNING WITH THE LAND.
The terms and conditions of approval of the franchise set
forth herein are considered to be covenants running with the land
and shall inure to Shue's heirs, successors, grantees and assigns.
IN WITNESS WHEREOF, the parties have executed this
Franchise Agreement on this day of December, 1990.
CITY OF LITTLE ROCK
ATTEST:
City Clerk
ATTEST:
THIS
By:
F. G. NBuddyff Vi Ines, Mayor
By:
Jim Shue
PREPARED BY LITTLE ROCK CITY ATTORNEY'S OFFICE
A is
ACKNOWLEDGEMENT
STATE OF ARKANSAS)
)ss
COUNTY OF PULASKI)
465
I, notary public in
and for sai d county in the state a oresal o hereby certify that
F. G. Villines, personally known to me to be the Mayor of the City
of Little Rock, Arkansas, and Jane Czech, 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
1990.
Notary Public
My Commission Expires:
ACKNOWLEDGEMENT
STATE OF ARKANSAS)
)ss
COUNTY OF PULASKI)
On this day of ' 1990, before me,
a Notary Publicly commis-s-i—on—eff—,qualiflea and acting, within
and for said County and State, appeared in person the within named
Jim Shue, to me personally well known, who stated that he was duly
authorized to execute the foregoing instrument and further stated
and acknowledged that he had so signed, executed and delivered
said foregoing instrument for the consideration, uses and purposes
therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
official seal this day of , 1990.
Notary is
My Commission Expires:
M M M
466
Part of the NE 1/4 SW 1/4, Section 32, T -2 -N,
R -12 -W, of the fifth principal meridian, Pulaski
County, Arkansas; more particularly described as
follows:
Commencing at the SW corner of Lot 38, of the
Cedar Hill Terrace Addition to the City of Little
Rock; thence N 00 0001001 E 43.48 feet along the
West line of said Lot 38 and the East line of
said NE 1/4 SW 1/4 to the point of beginning;
thence N 75 °11104" W 121.99 feet to a point on
the easterly pavement edge of Cedar Hill Road;
thence along the edge of said pavement the
following courses and distances: N 45 051120" E
27.62 feet; N 44 006122" E 25.00 feet; thence
departing from said pavement edge S 45 053138" E
21.40 feet to a point; thence S 1/4 to a point;
thence S 00 000'00" W 36.20 feet along said east
line to the point of beginning.
Area containing 0.0888 acres more or less.
EXHIBIT "A"
A
467
EXHIBIT NO-P-" -
PFIWATE DRIVEWAY
LOT 38 CEDAR HILL TERRACE ADDITION
LITTLE ROCK ARKANSAS
T N I a u
L
I
O`.
0
I
a I
fR
A
467
EXHIBIT NO-P-" -
PFIWATE DRIVEWAY
LOT 38 CEDAR HILL TERRACE ADDITION
LITTLE ROCK ARKANSAS
T N I a u
L
I