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
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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
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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
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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.
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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
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V Secretary
(Seal)
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STATE OF ARKANSAS)
)ss.
COUNTY OF PULASKI)
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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)
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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)
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NotaryjPublic
THIS INSTRUMENT V!AS
TNONI^,S J. BOA:;:::.
ATTO;YNrY AT LA,dV
PYRAMID LIFE BLDG, • LITTLE ROCK, A.ML
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