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2009024460 Received: 4/15/2009 3:08:07 PM
Recorded: 04/15/2009 03:37:58 PM Filed & 2009024461 Received: 4/15/2009 3:08:08 PM
Recorded in Official Records of PAT O'BRIEN, Recorded: 04/1512009 03:37:59 PM Filed &
PULASKI COUNTY CIRCUIT /COUNTy-ck-EK" ecor e m I T O'BRIEN.
Fees $30.00 PULASKI COUNTY CIRCUIT /COUNTY `^
Fees $20.00
RESOLUTION NO. 12,959
A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE A
FRANCHISE FOR ENCROACHMENTS IN THE RIGHT -OF -WAY ALONG A
PORTION OF IZARD STREET AND WEST CAPITOL AVENUE ADJACENT
TO THE PROPERTY AT 900 WEST CAPITOL AVENUE IN THE CITY OF
LITTLE ROCK, ARKANSAS TO CAPITOL AVENUE PROPERTIES, LLC; AND
FOR OTHER PURPOSES.
WHEREAS, Capitol Avenue Properties, LLC, the owner of Lots 4 through 12, Block
252, Original City of Little Rock that have a property address of 900 West Capitol Avenue, is
undertaking to renovate the office building that has existed at that location since 1941 and that
when completed will not change the existing building's footprint but will substantially add to the
building's usefulness and attractiveness, and
WHEREAS, Capitol Avenue Properties, LLC ( "Owner ") seeks a franchise to allow an
overhang encroachment for a planned decorative metal roof overhang as well as a franchise for
the encroachment of the existing fagade of the building, which encroaches into the right -of -way
on Capitol Avenue by 0.3 feet, and
WHEREAS, the Owner also seeks a franchise to allow a private sewer encroachment to
be located underneath the sidewalk along Izard Street and for the existing encroachment for
parking, and
WHEREAS, the Public Works Department has determined that the renovation will
enhance the surrounding neighborhood and that the sought franchise for the minor right -of -way
encroachments will not have a detrimental impact on public transportation or other services in
the area now or in the future, and
WHEREAS, the Board has determined that it is in the best interests of the City to
authorize the franchise for the encroachments to the owner of the property and to any successor
owner of the property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
30 THE CITY OF LITTLE ROCK, ARKANSAS:
31 Section 1. The City Manager is hereby authorized to execute documents in a form
32 acceptable to the City Attorney that grant a formal franchise to Capitol Avenue Properties, LLC
[PAGE 1 OF 41
Resolution
To authorize a franchise for encroachments
Into the ROW for Capitol Avenue and Izard St.
1 and to its assigns and successors in ownership of Lots 4 through 12, Block 252, Original City of
2 Little Rock, Pulaski County, Arkansas having a property address of 900 West Capitol Avenue.
3 The franchise is to allow the following right -of -way encroachments related to the property
4 located at 900 West Capitol Avenue: (1) a four and one -half (4 %2) foot roof overhang
5 encroachment at least forty (40) feet above the ground starting at the Northeast corner of the
6 building for approximately seventy -eight (78) feet along Izard Street,; (2) a building fagade
7 encroachment of 0.3 feet on West Capitol Avenue, having a legal description as shown on
8 Exhibit A to this resolution; (3) a parking encroachment in the Capitol Avenue right -of -way
9 having a legal description as shown on Exhibit A to this resolution, and (4) a private storm sewer
10 encroachment along Izard Street and Capitol Avenue adjacent to the building and under the
11 sidewalk, as depicted on Exhibit B to this resolution.
12 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause,
13 phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such
14 declaration or adjudication shall not affect the remaining portions of the resolution which shall
15 remain in full force and effect as if the portion so declared or adjudged invalid or
16 unconstitutional were not originally a part of the resolution.
17 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are
18 inconsistent with the provisions of this resolution, are hereby repealed to the extent of such
19 inconsistency.
20 ADOPTED: April 7, 2009
21
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23 ATTEST: APPROVED:
25
25 �
26 Nan y Wood ity Clerk Mark Stodola, Mayor
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28 APPROVED AS TO FORM:
29
30 Qh-
31 Thomas M. Carpenter, City ttorney
32
[PAGE 2 OF 41
Resolution
To authorize a franchise for encroachments
Into the ROW for Capitol Avenue and Izard St.
EXHIBIT A
Building Encroachment
Part of the Capitol Avenue right of way, lying South of Lot 7, Block 252, Original
City of Little Rock, Arkansas, more particularly described as follows: Beginning
at the SE corner of said Lot 7, thence South 0.3 feet; thence West 116.2 feet;
thence North 0.3 feet to the South line of said Lot 7; thence East along the said
South line for 116.2 feet to the point of beginning and containing 35 square feet or
.0008 acres of land.
Parking Encroachment
Part of the Capitol Avenue right of way, lying South of Lots 6 & 7, Block 252,
Original City of Little Rock, Arkansas, more particularly described as follows:
Beginning at the SW corner of said Lot 6; thence East along the south line of said
Lots 6 & 7, 180 feet to the end of asphalt; thence South 2.4 feet; whence West
180 feet to the corner of asphalt and sidewalk; thence North 2.4 feet to the SW
corner of said Lot 6 and the point of beginning and containing 432 square feet and
.009917 acres of land.
[PAGE 3 OF 41
Resolution
To authorize a franchise for encroachments
Into the ROW for Capitol Avenue and Izard St.
EXHIBIT B
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[PAGE .4 OF 41