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:
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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:
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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
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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
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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)
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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)
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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