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1981 RESOLUTION NC. 1981 A RESOLUTION AUTHORIZING THE ARKANSAS LOUISIANA GAS COMPANY TO LOWER THE LEVEL OF AN ALLEY .IN BLOCK 10, DODGE ADDITION; AUTHOR - IZING A LEASE OF A PORTION OF SAID ALLEY TO THE ARKANSAS LOUISIANA GAS COMPANY FOR THE CONSTRUCTION AND MAINTENANCE OF A RETAINING WALL THEREIN; AND FOR Ct§ttlatniab000C OTHER PURPOSES. WHEREAS, the alley running north and south between E. 15th Street and E. 16th Street in Block 10, Dodge Addition to the City of Little Rock, Arkansas, as shown on the plat of Dodge Addition recorded in Plat Book AB at page 225 in the office of the Recorder of Pulaski County, Arkansas, has never been opened as an alley and is not now and has never been usable as a passageway or used as such, and, WHEREAS, the owners of the lots in said Block 10 have filed a written petition with this Council requesting that it authorize the Arkansas Louisiana Gas Company to lower and level the grade of the alley at its own expense so that there will be a passageway between E. 15th Street and E. 16th Street, and WHEREAS, when the alley is thus lowered the property levels of the south half of Lot 2 and Lots 3, 4, 5, and 6 will be substantially above the alley level and in order to prevent washing, erosion, etc. a retaining wall will be necessary to protect said lots, and, WHEREAS, Arkansas Louisiana Gas Company is willing to erect said wall at its own expense and the other property owners have agreed thereto, and, WHEREAS, all of the property owners have requested this Council to authorize the execution of a long term lease in favor of Arkansas Louisiana Gas Company of the West 4 feet of said alley beginning 4 feet north of the center line of the south half of Lot 2 and extending southward to E. 16th Street to be used for the location, construction, maintenance, and rebuilding, if necessary of said retaining wall, and, WHEREAS, there has been submitted in connection with said petition a proposed lease agreement in the following language : "Lease Agreement "This agreement is made and entered into on this day of , 1953, by and between the City of Little Rock, Arkansas, by its Mayor and fty Clerk as "Lessor" , and Arkansas Louisiana Gas Company, a Delaware corporation authorized to do and doing business in the State of Arkansas with offices at 300 West Capitol, Little Rock, hereinafter referred to as "Lessee'' ; Witnesseth: "1 . Lessor hereby leases to Lessee and Lessee hereby takes by lease from Lessor the following described property located in the City of Little Rock, Pulaski County, Arkansas, to-wit: The West 4 feet of the property platted as an alley in Block 10, Dodge Adition to the City of Little Rock, beginning 4 feet north of the center line of Lot 2, thence run south to East 16th Street . XXXXXXXXXXXXXXXXXXXXXX7 XXXXX XXMXXXXXXXX XXXXXX "2. The original term of this lease shall be for 25 years commencing on the day of September, 1953 and terminating at 12 o ' clock midnight on the day of September, 1978. I a Page 2 "3. Lessee shall pay to Lessor at the office of the City Collector, City Hall, Little Rock, Arkansas, rent in the sum of One & no/100 Dollars ($1 .00) for each calendar year during the term of this lease payable in advance on the first day of each such calendar year beginning on September _ , 1953 . "4. Purpose of this base is to enable Lessee to con- struct, maintain, repair, and rebuild a retaining wall adjacent to the east property line of each lot abutting on the alley beginning with the south half of Lot 2 and including Lot 6 in said Bock 10. "5. Lessee shall have the option of renewing this lease for 15 additional periods of 5 years each, the first of such periods tobegin on the expiration of the original term herein granted and each successive period to begin on the expiration of the period then in effect upon the same terms and conditions as herein set forth and all of said privileges of renewal shall be considered as having been exercised unless Lessee gives Lessor notice in writing at least 30 days prior to the expiration of the period then in effect of its intention not to exercise such renewal privilege. "6. This agreement shall be binding upon the parties hereto and upon their successors and assigns . "In witness whereof, this lease has been executed for and in the name of City of Little Rock by Pratt Remmel, Mayor, and H. C. Graham, City Clerk, acting under the authority of Resolution dated September , 1953 of the City Council of the City of Little Rock, Arkansas, and for and in the name of Arkansas Louisiana Gas Company by its Vice -President and Secretary duly authorized by proper resolution of its Board of Directors . " and, WHEREAS, the property covered by said lease has never been used as an alley or passageway and will not be necessary as such and it is to the best interest of the property owners in said block and to the public generally that the alley be made passible at the expense of the Arkansas Louisiana Gas Company and that the said retaining wall be built and maintained by the Arkansas Louisiana Gas Company. NOW,THEREFOREbe it resolved by the City Council of the City of Little Rock, Arkansas, that the Mayor and City Clerk and Recorder of the City of Little Rock, Arkansas, be and they are hereby authorized to execute for and in the name and behalf of the City of Little Rock, Arkansas, a lease in the form and terms set out above in favor of Arkansas Louisiana Gas Company as lessee and to deliver said lease to said lessee upon the payment of the stipulated rental for the first year, and, Be it further resolved that Arkansas Louisiana Gas Company be and it is hereby authorized to lower and level at its own cost and expense the alley running through Block 10, Dodge Addition to the City of Little Rock, Arkansas . Page 3 Be it further resolved that the Mayor and City Clerk and Recorder be and they are hereby authorized to deliver a copy of this resolution to Arkansas Louisiana Gas Company to which they shall fix a certificate to the effect that it is a true and correct copy of the resolution duly adopted by this Council . ADOPTED: September l .., 1953 ATTEST: APPROVED• CITY CLERK MAYOR