Loading...
11721ORDINANCE NO. 11,721 AN ORDINANCE AUTHORIZING THE DEDICATION OF CERTAIN LANDS IN THE SW4 OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 12 WEST, PULASKI COUNTY, ARKANSAS, FOR USE AS A PUBLIC STREET AND AS A PUBLIC DRAINAGE EASEMENT AND AUTHORIZING THE EXECUTION OF A COMMON BOUNDARY AGREEMENT WITH BUILDING DEVELOPMENT CORP. WHEREAS, the City of Little Rock, Arkansas, for the use and benefit of the Little Rock Municipal Water Works, is the owner of certain lands situated in the SW-4 of Section 33, Township 2 North, Range 12 West, Pulaski County, Arkansas; and WHEREAS, an adjoining property owner, Building Development Corp., wishes to construct a public street and a public drainage ditch upon small portions of said lands and wishes the strips necessary therefor to be dedicated as public easements; and WHEREAS, as partial consideration for said dedication, Building Development Corp. has paid to the Little Rock Municipal Water Works the sum of $2,000.00 and has delivered to the City of Little Rock, Arkansas, a quitclaim deed dated February 25, 1966, conveying to the City a tract of land more particularly described hereafter; and WHEREAS, the Board of Water Works Commissioners and the Board of Directors of the City of Little Rock have determined that the lands sought to be dedicated are not necessary for waterworks purposes and that the consideration offered therefor is fair and adequate; and WHEREAS, Building Development Corp. and the City of Little Rock now own lands abutting the Arkansas River which have a common boundary and, after the conveyances mentioned above, will still own lands abutting the Arkansas River which will have a common boundary; and '�'L- c' —'4F distance of 188.5 feet; thence South 70 feet; thence Northeasterly along the arc of a 190 foot radius curve to the left, having an interior angle of 38 degrees 16 minutes, a distance of 126.9 feet to the point of beginning. SECTION 2. That, as consideration for the dedication described in Section 1 hereof, Building Development Corp. shall pay to the Little Rock Municipal Water Works the sum of $2,000.00 and shall convey to the City of Little Rock, Arkansas, for the use and benefit of the Little Rock Municipal Water Works, the following described lands: A tract of land in the SEA of Section 33, Township 2 North, Range 12 West, Pulaski County, Arkansas, being a part of the Industrial Subdivision (Tract 31, Worthen's Subdivision), more particularly described as: Starting at the Southwest corner of said SEk and run thence North 624.04 feet to the point of beginning of the parcel of land herein described; thence North 494 feet; thence North 11 degrees 11 minutes East 65.7 feet; thence North 150.7 feet to a concrete monument on the South bank of the Arkansas River; thence Southeasterly along said bank of river 117 feet, more or less; thence South 41 degrees 15 minutes West 75 feet, more or less, to the point of beginning of a curve; thence along the arc of a 145 foot radius curve whose chord distance is 93 feet and bearing South 19 degrees 15 minutes West to the point of tangency of said curve; thence South 482.5 feet; thence West 2 feet to the point of beginning. As further consideration for the dedication by the City, the dedication deed shall provide that, as a condition of the conveyance, Building Development Corp. shall construct a drainage ditch upon the aforesaid drainage easement within sixty days from the date of conveyance, shall place riprap on each side thereof and, within the same period, shall fill the existing drainage ditch which lies South of the aforesaid drainage easement and compact the fill to such a degree that there shall be no sunken area after complete settlement. All of said work, including the depth and width of the new drainage ditch, the quantity and quality of the riprap therein and the compaction of - 3 - the old drainage ditch, shall be completed to the satisfaction of the Manager- Engineer of the Little Rock Municipal Water Works, failing which title to the lands so dedicated by the aforesaid deed of the City shall revert to the City of Little Rock, free and clear of said easements, without refund of any portion of the consideration paid. SECTION 3. That the Mayor and City Clerk of Little Rock, Arkansas, be, and they are hereby, authorized and directed to execute a common boundary agreement with Building Development Corp., the exact terms of which are set forth in the copy of said agreement which is attached to this ordinance and made a part hereof as fully as though set forth word for word. SECTION 4. That instruments to effectuate the intent of this ordinance have already been executed by the appropriate parties, but through error said instruments described the lands involved as being situated in Township 1 North, Range 12 West, instead of in Township 2 North, Range 12 West, Pulaski County, Arkansas; this ordinance is adopted and the instruments herein - above referred to have been, or shall be, executed solely for the purpose of correcting said erroneous descriptions. SECTION 5. That this ordinance shall take effect and be in force from and after its passage. PASSED: March 21 , 1966. ATTEST: APPROVED: � May City Clerk - 4 - r Ad00 ` s Ad00 0273% L 1 AdOJ' !. 0213 %j Aix ✓ 1 OUJX AGREEMENT ON COMMON BOUNDARY THIS AGREEMENT is entered into by the City of Little Rock, Arkansas, hereinafter called City,and Building Development Corp., hereinafter called Corporation. WHEREAS, the City is the owner of certain lands situated in the SW4 and in the SE-4 of Section 33, the portion in the SEk having been conveyed to the City by the Corporation; and WHEREAS, the Corporation is the owner of certain lands situated in the SE4 of Section 33, all lands referred to herein being in Township 2 North, Range 12 West, Pulaski County, Arkansas; Now, Therefore: IN CONSIDERATION of the execution of this agreement by the other, the parties hereby bind their aforesaid tracts of land, themselves and their successors and assigns as follows: The parties stipulate that the North boundary of their land is the Arkansas River and that action of the Arkansas River may cause additions, by accretion or avulsion, to lands of one or both of the parties hereto. It is stipulated that the East boundary of the City's land is the West boundary of the Corporation's land. If the lands of either are added to by accretion or avulsion because of the action of the Arkansas River, the parties agree that their common boundary with respect to such accretions or avulsions shall, nevertheless, be a line extending North 43 degrees 00 minutes East from the Northeast corner of the City's property as it exists on this date. If requested by the other, either party will execute, acknowledge and deliver such additional documents as may be appropriate to carry out the intent of this agreement. 1 Ob` 3X O/I IR - r 1 This instrument is executed to replace the prior agreement of the parties dated January 20, 1966, which erroneously described the aforesaid lands as being situated in Township 1 North, Range 12 West, instead of in Township 2 North, Range 12 West, Pulaski County, Arkansas. THIS AGREEMENT shall become effective on the day of 1966, which date shall be inserted by the City and which date shall be the date on which this document is executed on behalf of the City. CITY OF LITTLE ROCK, ARKANSAS By ATTEST: Mayor City Clerk (Seal) j BUILDING DEVELOPMENT CORP. ATTEST: President i V Secretary (Seal) A :lo OLI �X� w A JC1J; oa3xI STATE OF ARKANSAS) )ss. COUNTY OF PULASKI) lfAdOJ oaax ' ACKNOWLEDGMENT On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, Harold E. Henson, Jr. and Pauline G. Beeson, Mayor and City Clerk, respectively, of the City of Little Rock, Arkansas, known to me to be the persons described in the foregoing instrument, and acknowledged that they had executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal -this day of 1966. My comm. expires: Notary Public (Seal) i j STATE OF ARKANSAS) )ss. ACKNOWLEDGMENT COUNTY OF PULASKI) On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly.qualified, commissioned and acting, W. M. Bell and Floyd H. Fulkerson, to me personally well known, who stated that they were the President and Secretary of Building Development Corp., an Arkansas corporation, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowl edged ,t_hat.,, .they had so signed, executed and delivered' said instrument for the consideration, uses and-'---- purposes therein mentioned and set forth. IN WITNESS WHEREOF, I hereunto set my hand and official seal this 2.5� day of February, 1966. My comm. expires: (Seal) - 3 - NotaryjPublic THIS INSTRUMENT V!AS TNONI^,S J. BOA:;:::. ATTO;YNrY AT LA,dV PYRAMID LIFE BLDG, • LITTLE ROCK, A.ML Url IX