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2401 RESOLUTION NO. 2401 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF LITTLE ROCK, ARKANSAS, TO JOIN IN A WRITTEN AGREEMENT WITH THE OWNERS OF ALL THE REAL ESTATE IN BLOCK 3, E. W. GIBBS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, AND BLOCK 26, FULTONtS SOUTH ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, TO CLOSE AND ABANDON THE ALLEYS IN AND ACROSS SAID BLOCKS; FINDING THAT SAID ALLEYS ARE NOT NEEDED FOR HIGHWAY PURPOSES; THAT THE WELFARE OF THE CITY WILL BE ENHANCED OR PROMOTED B3Y THE CLOSING OF SAID ALLEYS; AND FOR OTHER PURPOSES. WHEREAS, it appears that the owners of all the real estate in Block 3, E. W. Gibbs Addition to the City of Little Rock, Arkansas , and in Block 26, Fultonts South Addition to the City of Little Rock, Arkansas , have deter- mined to close and vacate the alleys in and across said Blocks and attach the same to the abutting lots in said Blocks ; and have agreed to the joint execution of acts of agreement to accomplish said purpose; and WHEREAS, it appears and it is hereby found and deter- mined that said alleys situated in and across said Block 3, E. W. Gibbs Addition to the City of Little Rock, Arkansas , and Block 26, Fultonts South Addition to the City of Little Rock, Arkansas , are not needed for highway purposes and that the welfare of the City will be enhanced or promoted by the closing and abandoning of saidalleys ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1 . That the Board of Directors of the City of Little Rock, Arkansas , acting by and through the Mayor and City Clerk of said City, shall join with the owners of all the real estate situate in Block 3, E. W. Gibbs Addition to the City of Little Rock, Arkansas , and Block 26, Fultonts South Addition to the City of Little Rock, Arkansas , in a written agreement to close and abandon the alleys in or across said Block 3, E. W. Gibbs Addition to the City of Little Rock, Arkansas , and Block 26, Fultonts South Addition to the City of Little Rock, Arkansas , which agreement, in form, is as follows : "WHEREAS, certain alleys are presently located in and across Block 3, E. W. Gibbs Addition to the City of Little Rock, Arkansas , and Block 26, Fultonts South Addition to the City of Little Rock, Arkansas ; and, "WHEREAS, J. Weingarten, Inc. is the owner in fee simple of all of the above described blocks ; and, "WHEREAS, Arkansas Power & Light Company, a corporation, is the owner of certain facilities situa- ted over , along, upon and across said alleys ; and, "WHEREAS, Southwestern Bell Telephone Company, a corporation, is the owner of certain facilities situated over , along, upon and across saidalleys; and , "WHEREAS, The Board of Directors of the City of Little Rock, Arkansas , by Resolution No. ______,, duly adopted and approved on the day of , 1959 , has found and determined that said-77177—rind across said Block 3, E. W. Gibbs Addition to the City of Little Rock, Arkansas , and Block 26, Fultonts South Addition to the City of Little Rock, Arkansas , are not needed for highway purposes and that the welfare of the City will beenhanced and promoted by the closing and abandoning of said alleys and has determined to join with the owners of all of the real estate situated in said Block 3, E. W. Gibbs Addition to the City of Little Rock, Arkansas , and Block 26, Fultonts South Addition to the City of Little Rock, Arkansas , in a written agreement to close and abandon the whole of said alleys , and has authorized the Mayor and City Clerk of said City to enter into said Agreement for and in behalf of said City. "NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: "That we , J.Weingarten, Inc. , a corporation, Arkansas Power & Licht Company, a corporation, South- western Bell Telephone Company, a corporation, as the owners of the fee simple title to the above described parcels and as the owners of facilities situated over, upon, along and across the alleys herein mentioned and set forth and the City of Little Rock, Arkansas , as the owner of easements for highways , and other pur- poses , for and in consideration of the recitals herein contained, do by this our act of agreement vacate and wholly close up, as public alleys , those alleys situa- ted in and across Block 3, E. W. Gibbs Addition to the City of Little Rock, Arkansas , and Block 26 , Fultonts South Addition to the City of Little Rock, Arkansas , and do hereby appropriate and attach the lands covered thereby to the abutting lots or portions thereof in said Block 3 and Block 26. -2- "TO HAVE AND TO HOLD the same unto said J. Weingarten, Inc. , a corporation, and unto its successors and assigns forever , with all appurtenances thereunto belonging. "WITNESS our hands and seals as of this day of , 1959. ATTEST: J. WEINGARTEN, INC. BY Secretary President ATTEST: ARKANSAS POWER & LIGHT COMPANY BY Secretary rest en ATTEST: SOUTHWESTERN BELL TELEPHONE COMPANY BY eecr-etary resident ATTEST: CITY CF LITTLE ROCK, ARKANSAS BY ty erk SECTION 2. That upon the proper execution and acknowledg- ment of said instrument and the filing of the same in the office of the Recorder of Pulaski County, Arkansas , the title to the land comprising said alleys so abandoned shall vest in the owners of the real estate adjacent thereto, each such adjacent owner taking title to the middle of said alleys . SECTION 3. It is hereby found and determined that said alleys in and across said Block 3, E. W. Gibbs Addition to the City of Little Rock, Arkansas , and Block 26 , Fultonts South Addition to the City of Little Rock, Arkansas are not needed for highway purposes and that the welfare of the City will be en- hanced or promoted by the closing and abandoning of said alleys . ADOPTED: August 17, 1959 APPROVED: ATTEST: Mayor i&eS -1.<) City Clerk -3-