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3218 RESOLUTION NO. 3 ,218 A 2ESOLUTION ACCEPTING THE CONVEYANCE BY ADOLPHINE FLETCHER TERRY AND MARY FLETCHER DRENNAN TO THE CITY OF LITTLE ROCK, ARKANSAS, FOR THE USE AND BENEFIT OF THE ARKANSAS ARTS CENTER AND ITS SUCCESSORS OF THOSE CERTAIN LANDS CONSTITUTING THE HOMEPLACE OF ALBERT PIKE AND LATER OF JOHN G. FLETCHER AND HIS FAMILY AND NOW POPULARLY KNOWN AS THE TERRY HOME. WHEREAS, Adolphine Fletcher Terry and nary Fletcher Dren- nan, for the advancement of the cultural, artistic, and educa- tional interests of the community, have executed and tendered to the City of Little Rock, Arkansas, a conveyance to the City for the use and benefit of the Arkansas Arts Center and its successors those certain lands constituting the homeplace of Albert Pike and later of John G. Fletcher and his family, and of David J. Terry and his family for the purposes and subject to the terms and conditions as more specifically set forth in the said deed of conveyance; and WHEREAS, the historical and cultural value of the gift to the community is beyond measure and irreplaceable and constitutes additionally a very valuable gift in land by Mrs. Terry and Mrs. Drennan and their respective families; and WHEREAS, this gift comes from the Grantors ' interest in and affection for their community; and WHEREAS, the Board of Directors of the Arkansas Arts Center has duly considered the said deed of conveyance and has formally adopted a resolution expressing approval of the grant and recommend- ing that the Board of Directors of the City of Little 'lock accept the delivery of the deed; and WHEREAS, the Board of Directors desires to accept the said grant of lands; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: -2- SECTION 1. That the Board of Directors of the City of Little Rock does hereby accept the deed executed by Adolphine Fletcher 'ferry and Mary Fletcher Drennan, dated the 16th day of August, 1964, granting to the City of Little t:ock, Arkansas, for the use and benefit of the Arkansas Arts Center, and its successors, Block Sixty-one (61) , Original City, subject to the terms and conditions therein set forth and contained. SECTION 2. The form and substance of the deed referred to in Section 1 is as follows: D E E D MOMIXAS, the property hereinafter conveyed was formerly owned by Albert Pike, world renowned Meson, and a prominent lawyer and military figure, and the hoseeplace thereon, the street address of which is 4 Ll East 7th Street, Little Reek, Arkansas, was con- structed by him in the year 1x40; and WHEREAS, Grantors' father, John G. Fletcher, Mayor of Little Rock, Confederate soldier and basher, acquired the property La 1889 and until his death in 1907, lived there with his family comprised of his wife, Adoiphims 'reuse Fletcher, his son, John Gould Fletcher, winner of the Pulitser Prize for Poetry, and Grantors; Grantor, Nary Fletcher Dremmemohsving been born in the honey lac e; and SAS, Grantor, Adolphine Fletcher Terry, and her husband, David Dickson Terry, lawyer and United States Congress- man, have made the property their home for more than fifty years; and WHEREAS, Grantors are desirous of pressrwiag and perpetuat- ing the said homsplace because of its prominence in the history of the State of Arkansas and of the City of Little Rock, and its beauty and setting as an irreplaceable example of ante bsllun architecture, and also became of their ewn lifelong family ties and associations with and personal feelings toward said homeplace, and at the sans time are desirous of making the ho splace avail- able for the cultural pursuits of the community; and WHEREAS, Grantors desire to give the said property to Grantee, for the purposes and subject to the conditions herein set forth, as a memorial to the deceased members of their family, namely: their father, John G. Fletcher and his wife, Adelphins K. Fletcher; their brother, John Gould Fletcher; and David D. Terry, and his son, David D. Terry, Jr. ; to all of whom 411 East 7th Street has been hone; NOW, THEREFORE, KNOW ALL la VI WNW PRU Th: THAT Ms, AMlphine Fletcher Terry and Miry Fletcher Dreams, Grantors, for and in consideration of the promises and other netters hereinafter set forth, do hereby grant, bargain, sell and convey unto the City of Little Rock, Arkansas, Grantee, for the use amNd benefit of The Arkansas Arts Center, created under the provisions of Ordinance No. 11,111 of the Ordinances of the City of Little Rock, Arkansas, passed and approved on the 6th day of September, 1960, and its suc- cessors, subject to the reservation of a life estate for the joint lives of Adolphine Fletcher Terry and Miry Fletcher Drammen aN for the life of the survivor, upon the several conditions and for the several uses and purposes hereinafter set forth, and upon breach of any such conditions or failure of such use to revert to the heirs of Grantors, the following lands lying in the County of Pulaski, and State of Arkansas, to-wit: Block Sixty-one (61) , Original City of Little Rock. TO HAVE AND TO HOLD unto the said Grantee forever, subject to the said reservation of a life estate for the joint lives of Adolphine Fletcher Terry and Mary Fletcher Drennan and for the life of the survivor, upon the following conditions and for the follow- ing uses and purposes: - 2 - 1. The Creates shall, as nearly as possible, hemp and maintain the said lards in their present condition, preserving, so far as possible, the trees thereon, and maintaining the home- place thereon in its presort peers. architectural fora; provided, however, the a ramtee may erect on the said lamas to the rear of the bo■replese and se as not to detract from its appearance a building in keeping with the general architectural form of the hareplese for the general uses and purposes herein expressed, in- eluding as office for The Arkansas Arts Center. 2. Grantee shall use the said property exclusively for the advancement of the cultural, artistic, or educational interests of the community. This use nay include, awes other purposes, the display of the lauds red the buildieegs to the public with or with- out the payment of a fee therefor. If a fee is charged, however, then the proceeds therefrom shall be used first to keep and maintain the said property and then for the further uses and purposns herein enpressed. The uses of the lands and buildings mey also include the !radios of meeting. and use of office space related to the cultural, artistic, or educational life of the community. 3. In the event that the lands herein conveyed (but net iesludie g the hu aplace) be subject to eminent domain praseediege, at one time or from time to time, to such as extent that the yard specs remaining p between the boeeplass and asy new property line established after such taking or tabus be reduced to not less 3 - than fifty per cent (50'l) of such yard space existing as of the data of this grant, all awards paid for any such taking or takings shall be paid to the Grantee and shall be used exclusively for the upkeep and maintenance of the hensplace. In the event that the lands herein conveyed (but not including the bonsplace) be subjected to such eminent domain proceedings, at one time or from time to time, to sush a s extent that the yard spew ramming between the hsneplase and any new property line established after such taking or takings be reduced by mare than fifty per cent (502) of such yard space existing as of the date of this grant, or in the event of any taking of the hoemeplace, then in either of such events, ems half of all such awards paid for such tilting shall be paid to the heirs of Adolphine Fletcher Tlsrry and ass half shall be paid to the Firs of Mary Fletcher Grammes, Glad the title to any remaining lands and hoseplace shall revert in an undivided awe-half interest to the heirs of Adolphins Fletcher Terry and is an undivided aate- belf interest to the heirs of Mary Fletcher Sweeten. 4. If the Granteaee shall fail to comply with these cam. dittos. or uses, and in particular with the first condition above enumerated, or in the event that the honsplace is destroyed by fire or other casualty to such an extent that it is impossible or in- prasticable to restore it to its former condition, than title to the said lands shall revert in an undivided one-half interest to the heirs of Adsiphiss Fletcher Terry and in an undivided one-half interest to the heirs of Miry Fletcher Drennan. 5. Failure by the reversioners, or by any of them, to take affirmative action to terminate the title of the Grantee upon spy default hereunder shall not be construed as a waiver by the - 4 - reversioners to take affirmative action to terminate the title of Grantee upon any further default hereunder. +JIiiESS our hands awl seals ea the day of 1964. Adolphine Fletcher Terry Mary Fletcher Drennan STATE OW MAMMAS ) se. ACSSONSIDONENT COUNTY OF PULASKI ) FE IT , that on this day cane before me the under- signed, a MAW, Public within and for the County and State aforesaid, duly commissioned and acting, Adolphine Fletcher Terry, to ne well known as eens of the Grantors in the foregoing Deed and stated that she had esseuted the same for the consideration and purposes therein mentioned and set forth. wimss my hand amd seal as such Notary Public an this day of 1$64. Notary Public /[q Commission will Expire: (SEAL) - 5 - STATR OF MARYLAND ) as• ACIIMMIUMMIT CITY OF y ) 22 IT 2214112122W, that ea this day ear before as the under- signed, a Notary Public within and for the County and State aforesaid, duly commissioned and acting, Nary Fletcher Drennan, to a* well known as one of the Grantors in the foregoing Deed and stated that she had executed the sere for the consideration and purposes therein atsatioasd and set forth. WITNESS my hand and seal as such Notary Public on this day of ,, 1964. Notary Public My Commission will Expire (SEAL) - 6 - -3- SECTION 3. That by this resolution the Board of Directors, for itself and the citizens of the City of Little Rock, hereby expresses to Adolphine Fletcher Terry and Mary Fletcher Drennan and to their respective families a deep sense of appreciation and gratitude for their gift. SECTION 4. This resolution shall be in full force and effect from and after its adoption. ADOPTED: October 5 , 1964 ATTEST:L I11.W iate APPROVED: _.42°P"- )1"-41""`-'4-4.--- City Clerk Mayor