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2960 } RESOLUTION NO. 2/ 960 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO WITH THE UNITED STATES OF AMERICA A CERTAIN SUPPLEMENTAL AGREEMENT NO. 1 IN CONNECTION WITH DAMAGES SUSTAINED BY THE CITY OF LITTLE ROCK ON ACCOUNT OF A CERTAIN RIGHT-OF-ENTRY FOR CONSTRUCTION AGREE- MENT ENTERED INTO BY THE CITY AND THE UNITED STATES GOVERNMENT ON THE 24TH DAY OF JULY, 1962; AND FOR OTHER PURPOSES. WHEREAS, the City of Little Rock on July 24, 1962, entered into a Right-of-Entry For Construction Agreement with the United States of America authorizing the Corps of Engineers to perform cer- tain channel improvement works in the vicinity of certain City owned property adjacent to the Arkansas River; and WHEREAS, as a result of said work performed, the City sus- tained certain damages to said premises, which the United States of America acknowledges its liability therefor; and WHEREAS, the United States of America desires to make a cash settlement with the City for said damages ; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS : SECTION 1. The Mayor and City Clerk are hereby authorized and directed to enter into SUPPLEMENTAL AGREEMENT NO. 1 TO RIGHT- OF-ENTRY FOR CONSTRUCTION, dated July 24, 1962, with the United States of America, wherein the City agrees to accept One Hundred Twenty and 59/100 Dollars ($120.59) cash for damages sustained to its property adjacent to the Arkansas River arising out of work performed by the Corps of Engineers pursuant to said Right-of-Entry for Construction Agreement. SECTION 2. The Supplemental Agreement No. 1 to Right-of- Entry For Construction, authorized in Section 1 hereinabove, shall be in form and words as follows: SUPPTE:.::ITAL AGREEMENT ':( . I to R.'GHT-c''-FNTRY FOR C'iNST 'i TIC N Tt'.. 24 JULY 19' TAH POINT PROJECT, ARKANSAS RIVER THIS Sl!PPLEMENTAL A.,Rffi4FNT NO. 1, mate 'by and Le twee the City of Little Rock, Arkansas, a municipal corporation. of Arkansas , in Pulaski ,%, 171.: , Arkansas, hereinafter called the Permitter, and the •Jnitec States o: Amerir a, hereinafter called the Government, WIf"1`iT.SSETH THAT: W!: '1.c, on ?'. ,*r1:,' 1962, the Perritters granted to the Government a permit :'or right-of-entry for construction purposes on a tract of land ies i:-nated as Trc.ct No. 1'. !)E. ')tat, Point, Arkansas :'.fiver, and described or 1x''.ibit '•A" attached hereto and mnacie a part hereof, said permit being for a period o:' IL mor the beginning; on 24- July 1962; and WHPI#rtEA3, the use of said premises is no longer required by the Govern- ment and :possession or., said property having teen redelivered by the ';over^- :en to the Permit'er on the 1st day of February 1',63; and W77,,R;;A3, tne Permitter has given notice . by oral request and by state- ent date r .�..; e='. that damages to said premises have arisen from the Eitivities or e c,.,vern:rent. its officers. agents, employees or represent::tives on the land under said permit and that payment for the damages;es sdo,tld be made in accordance with Paragraphs 5 of said permit; and L. Supplemental Agreement No. Z to permit Dated 24 July 1962 WNE F.AS, it has been determined that she :lovernment is '.fable fer _<-rk; es :-s . . tine from acts or negligence of Government employees or agents ie performing channel improvener.t work : and W'- RE&S, it has ten determined ,.o be advantageous and in the interest tee .,overnmen;, to ureic a cash settlement with the Permitter for damar_es oe the land included in the permit,; and WHEREAS, the Permitter has indicated e vi' lingness to accept a cash set..]ement in the amount of ONE HUNDRED TWENTY AND 59/191 DOLLARS (`;i . 9) as tee estie3ted cost of the damages . ''OW, THEREFORE, the parties hereto do mutually agree as follows: 1. That the Government shall pay to the Permitter the sum of ONE TTDR© TWENTY AND 5;'/1n0 Dt,LIARS ($120.5') as the estimated cost of the damages . as requrired ty said permit. 2. That as of 1 February 1963 the Permitter assn ed custody and ear.: of the afore"ier.tionee pre r.'_ses. the ;',overnment thereafter 'rein; relieved from any further responsibility therefor a-.d being released from the terms of the permit for Right-of-Entr„• for Construction dated 24 J il.;; 1962. 3. Phat t`_ : Permitter does hereby release and forever discher e the eoe ernment, its o:'`•i Hers , agents, rep:o:.ees, or representatives. of and froe all manner of actions, liability, and claims, which the Permitter now has or ever Will have for the restoratior of said premises or by reaso' of any other :matter, cause, or thing, whatsoever, eerticu7arty arising out of said permit as it pertains to the afore- said premises and the occ ipation thereof by the eo',ern"ment. e. T t no member of or delegate to Congress or Resident this cssieeer shall he permitted to any share Jr part of thl s afree- aey benefit to arise therefrom, bet this�provision shall ee •onstr.ied i.e.i.e. extend to this r reement ifl.. +d.- with a c,;;-.,cratior: for its general benefit. • 2 :. • Sup,I en,;..r.t,ttl. Agra r No. 1 to Pert j •,,e(1 tn..-t parties hereto ha's xent this instrument , ; • ( 4 • .1 "" OF LITTLE ROCK. ARKA::,.iikS . . • • , . UNITED STI.T.E,:i OF AMERICA BY : • u y Arkansas River Pulaski County, Arkansas Utah Point Owner: City of Little Rock River Mile 169.9 to 166.7 Acres: Perpetual Easement • 11.5 TRACT NO. 120E (Perpetual Easement) A tract of land situated in the county of Pulaski, State of Arkansas, being a part of the Fractional SW; oof Fractional Section 20, and a part of the Fractional N2 of Fractional Section 29, and accretions thereto, right bank of the Arkansas River, Township 2 North, Range 12 West of the Fifth Principal Meridian, and being more particularly described as follows: Beginning at a point on the east boundary of an existing perpetual easement which is 1,650 feet east and 440 feet north of the southwest corner of said Fractional Section 20; thence south 84° east 190 feet to a point; thence south 57° east 950 feet to a point which is 2,620 feet east and 85 feet south of said southwest corner of Fractional Section 20; thence north 40° east approximately 720 feet to a point on the ordinary high- water line, right bank of the Arkansas River; thence northwesterly and upstream along the meanders of said ordinary high-water line to a point on said east line of an existing perpetual easement; thence south along said east line approximately 250 feet to the point of beginning, and containing 11.5 acres, more or less. 26 June 1962 w SECTION 3. This resolution shall be in full force and effect from and after its adoption. ADOPTED: February 18, 1963 ATTEST�p APPROVED: City Clerk Mayor.