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4557 RESOLUTION NO. 4,557 A RESOLUTION AUTHORIZING A CONVEYANCE BY THE CITY OF LITTLE ROCK TO THE ARKANSAS BAR FOUNDATION OF CERTAIN PROPERTY AND AIR RIGHTS OVER CERTAIN PROPERTY OWNED BY THE CITY OF LITTLE ROCK IN EXCHANGE FOR CERTAIN PROPERTY RIGHT'S CONVEYED TO THE CITY OF LITTLE ROCK AND OWNED BY THE ARKANSAS BAR FOUNDATION; AND FOR OTHER PURPOSES . WHEREAS , the City of Little Rock, acting by and through its Little Rock Municipal Parking Authority, is planning for immediate construction of an underground vehicular parking facility on property comprised of Blocks 99 and 100, original City of Little Rock, together with the alleys in said Blocks and Spring Street between Markham Street and Garland Street; and WHEREAS , the Arkansas Bar Foundation, an Arkansas nonprofit corporation, is the owner of certain lots within Block 99, original City of Little Rock and likewise plans the construction of improve- ments on the surface thereof, a part of which improvements will be erected over Garland Street at an elevation which will adequately provide for the free and safe movement of vehicular traffic in said Garland street; and WHEREAS , the Arkansas Bar Foundation has agreed to a con- veyance of the subsurface rights to all of its property in said Block 99 to the City of Little Rock in consideration of a lease r conveyance by the City of Little Rock to the said Bar Foundation of such air rights over Garland Street as may be needed and here- after specifically provided for, together with a conveyance by the City to the Bar Foundation of that ro p perty platted as the East- West alley within Block 99, original City but reserving the sub- surface rights to the said former alley unto the City; and WHEREAS , the exchange of properties between the City and the Arkansas Bar Foundation as herein recited is fair, equitable and mutually advantageous to both the Arkansas Bar Foundation and the City of Little Rock. I TJOW THEREFORE, BE IT RESOLV T) BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS . SECTION 1. The Mayor and City Clerk are hereby authorized and directed, acting for and on behalf of the City of Little Rock, to execute a lease agreement for a term of 99 years with the Arkansas Bar Foundation for the air rights over a tract of land within the right-of-way of Garland Street and immediately North of Lots 4, 5, and 6, Block 99, original City of Little Rock, more particularly described as follows: A tract of land lying entirely within the R-O-W of Garland Street and immediately North of Lots 4, 5 & 6, Block 99, Original City of Little Rock, more particularly described as follows: Beginning at the northeast corner of Lot 4, Block 99, Original City of Little Rock said point being on the south R-O-W of Garland Street; thence West 85.0 ' along said R-O-W and along the north lines of Lots 4, 5 & 6 to a point which is 35.0 ' east of the west line of Lot 6, said line also being the east R-O-W of Spring Street; thence North and parallel to said East R-O-W 50 ' to a point on the south R-O-W of State Highway #10 (La Harpe Blvd) ; thence east 85 ' along said Hwy 410 South R-O-W to its point of intersection with the west R-O-W (extended) of Conway Street; thence south 45 ' along said extended R-O-W to the point of beginning, and thereby enclosing by description a Tract of land containing 4,038 square feet (0.093 acres) . This conveyance pertains to "Air Rights" above the elevation of 285 (MSL Datum) over the Tract described except that the Arkansas Bar Foundation shall also have the right to construct columns, footings, utility lines, and other structural and mechanical appurtenances below elevation 285 as may be required to support and serve the space conveyed herein. SECTION 2. The Mayor and City Clerk, acting for and on behalf of the City of Little Rock are hereby authorized and directed to execute a Deed of conveyance to the Arkansas Bar Foundation of that property situated in Block 99, original City of Little Rock, originally platted as the East-West alley within said Block but reserving unto the City of Little Rock the sub- surface rights in said lands below the elevation of the top deck of the underground parking facility to be constructed within said Block 99. The said surface of said top deck shall be the heighth above mean sea level as plans for such on file in the office of the City Clerk provide. SECTION 3, The consideration for the conveyances herein authorized is the receipt by the City from the Arkansas Bar Foundation of a 99 year lease agreement in favor of the City of Little Rock to the subsurface rights to the Bar Foundation property described as Lots 4, 5, and 6, Block 99, original City of Little Rock and a 99 year lease agreement in favor of the City of Little Rock to the Bar Foundation property described as a tract of land situated in the NW corner of Lot 6, Block 99, original City of Little Rock, measuring 35 ' E and W and 20 ' N and S . SECTION 4. This Resolution shall be in full force and effect from and after its adoption. ADOPTED: April 19, 1971 ATTEST: APPROVED: 46°14- G f..44 ity Cler Mayor