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7722. % A :.. - • ORDINANCE NO. 7722 AN ORDINANCE TO PERMIT THE CONSTRUCTION AND MAINTENANCE OF A SPUR TRACK FROM THE MISSOURI PACIFIC RAILROAD RIGHT OF WAY SITUATE FORTY FEET MORE OR LESS WEST OF AIRPORT ROAD AND BEGINNING APPROXIMATELY ONE HUNDRED FEET NORTHWEST OF THE INTERSECTION OF THE MISSOURI PACIFIC RAILROAD COMPANY RIGHT OF WAY AND SECTION LINE BETWEEN SECTIONS ONE AND TWELVE, TOWNSHIP ONE NORTH, RANGE TWELVE WEST, AND EXTENDING ACROSS SAID AIRPORT LOAD IN AN EASTERLY DIRECTION TO A POINT UPON THE PROPERTY OF THE SOUTHERN COTTON OIL COMPANY; AND TO REMOVE, RETIRE AND VACATE A SPUR TRACK PRESENTLY EXISTING BEGINNING ON THE " MISSOIM PACIFIC RAILROAD COMPANY RIGHT OF WAY.APPROXIMATELY 575 FEET.FROM THE SECTION LINE BETWEEN.SECTIONS ONE AND TWELVE, TOWNSHIP ONE NORTH, RANGE TWELVE WEST, AND APPROXIMATELY.FORTY FEET WEST OF AIRPORT ROAD, AND EXTENDING 50$ FEET MORE OR LESS IN A NORTHERLY DIRECTION ONTO THE PROFE RTY OF THE SOUTHERN COTTON OIL COMPANY. WHEREAS, a petition was duly filed with the City Council of the City of Little Rock on the 9th day of August, 1948, asking for the City Council to authorize and empower it to lay, construct and maintain a spur track from the Missouri Pacific Railroad Company right of way situate and being forty feet more or less west of Airport Road and beginning approximately 100 feet northwest of the intersection of said Missouri Pacific Railroad Company right of way and the. Section line between Sections 1 and 12, Township 1 North, Range 12 West,and extending across said Airport Road in an easterly direction to such a point upon the property of The Southern Cotton Oil Company as it and The Southern Cotton Oil Company may desire; and to provide for the removal and retirement of the presently existing spur track be- �inning on the Missouri Pacific Railroad Company right of way ap- proximately 575 feet from the Section line between Sections 1 and 12, Township 1 North, Range 12 West and approximately 40 feet west of Airport Road, and extending 508 feet more or less in a northerly direction across Airport Road, and onto the property of The Southern Cotton Oil Company, and WHEREAS, the Council''^• 'a i RPM has ascertained that the public welfare will not be adversely affected by the construction and maintenance of said spur track, nor by the abandonment of the said presently located spur track, NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK, ARKANSAS: -2- Section 1. That Guy A. Thompson,Tris-cee, I•iss-ovri Pacific Railroad Company, Debtor, his successors and assigns are hereby authorized and empowered to lay, construct and maintain a spur track from the I•`issouri Pacific Railroad right of way situate and being forty feet (40) more or less west of Airport Road and beginning approximately one hundred (100) feet Northwest of the intersection of said Missouri Pacific Railroad Company right of way and the Section line between Sections 1 and 12, Township 1 North,Range 12 ^Jest, and extending across said Airport Road in an easterly direction to such a point upon the property of The Southern Cotton Oil Company as he and The Southern Cotton Oil Company may desire. The said Trustee and the Missouri Pacific Railroad Company in lay- ing said spur track are, at their own expense to conform to the grades fixed or that may hereafter be fixed by the City Council of the City of Little Rock, and said Trustee and said I,iissouri Pacific Railroad Company, and their successors and assigns, agree to keep said Airport Road free from obstructions and to pave said portions of said street occupied by said spur track and the two feet on each side thereof, with the same kind of material as the balance of the said street is or may be paved. Provided said Trustee, the 1,11issouri Pacific Railroad Company, and their successors and assigns agree to pay to the City of Little Rock the sum of __ Elfty and NO /100 Dollars (N 50.00 ) per annum in advance for said privilege and that all rights hereunder shall cease and terminate on or after 25 years from the date of passage hereof. Further provided the said Railroad Company, its successors and assigns, agree that all loading and unloading shall be done entirely upon that part of said spur which is upon the grounds of said Southern Cotton Oil Co., and at all times to keep clear and free from incumbrances the said street and sidewalks. The grantee herein in accepting this grant binds itself, its successors and assigns to hold the city harmless from any damage of any kind occasioned or arising out of the operation of the spur track. -3- Section 2. It is further ordained that the spur track presently existing and beginning on the Missouri Pacific Railroad Company lines approximately 575 feet from the Section line between Sections 1 and 12, Township 1 Ibrth, Range 12 West, and approximately 40 X. feet west of Airport Road, and extending approximately 508 feet in a Northerly direction across Airport Road, and onto the property of The Southern Cotton Oil Company, be removed and re- tired, at the expense of the I.iissouri Pacific Railroad Company; that the said Missouri Pacific Railroad Company replace and repair the said portion of Airport Road over which said presently existing spur track passes with the same or similar material as is presently used on Airport Road. Section 3. By the acceptance of this grant the grantee , its successors and assigns shall hold the City harmless from any dw-rnages of any kind occasioned or arising during the replacer,ient and retirement of said presently existing spur track, and further providing that upon completion of the said spur track and the removal of said existing spur track, all right, title and interest of the said I, issouri acific Railroad Company in and to easement of said presently existing spur track across Airport Road shall cease and terminate. Section 4. This ordinance shall take effect and be in force from and after its passage. PASSLD: August 9, 1949 Attest,, Cit Clerk Approved: a.4� Mayor