5728 RESOLUTION NO. 5,728
A RESOLUTION REVOKING AN AMENDMENT OF A RESTRICTION OF USES
CONTAINED IN A CERTAIN DEED BETWEEN JOHN F. BOYLE AND SNOW
YOWELL BOYLE, HIS WIFE , TO THE CITY OF LITTLE ROCK; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A LEGAL INSTRUMENT REVOKING
SUCH AGREEMENT OF RESTRICTION OF USES AS EXECUTED BY THE HEIRS
AT OF SAID JOHN F . BOYLE AND SNOW YOWELL BOYLE AND RESTORING
THE RESTRICTION USES CONTAINED IN SAID DEED DATED MAY 31, 1929
TO THE ORIGINAL FORM; AND FOR OTHER PURPOSES .
WHEREAS , on or about the 1st day of November, 1976 Calvin R.
Ledbetter and Virginia C. Ledbetter his wife and Joel Y. Ledbetter and
Julia B. Ledbetter his wife, as sole heirs of John F . Boyle and Snow
Yowell Boyle, and the City of Little Rock entered into an agreement
amending a restriction of uses contained in a certain Deed by John F .
Boyle and Snow Yowell Boyle his wife to the City of Little Rock as to
part of the conveyed property in order to allow the City of Little
Rock to use that part as an animal shelter. The part of the property
to which the use restriction was amended is described as follows :
A part of the WZ of the NA of Section 13 T-1-N R-13-W more
particularly described as follows :
Beginning at the southeast corner of the west one-half of the
northwest one-quarter of Section 13,T-1-N, R-13-W, run north
along the east line of the said Wz of NW4, a distance of one
hundred sixty (160. 00) feet to a point; thence westward a
distance of eighty (80 . 0) feet to the point of beginning proper;
thence run northward and parallel to the east line of said W%
of NW4 , a distance of two hundred eighty (280 . 00) feet to a
point, thence west a distance of three hundred (300. 0) feet to
a point; thence southward and parallel to the east line of said Wz
of NWT , a distance of two hundred (200 . 00) feet to a point; thence
run south easterly on an angle of fifty one degrees and twenty
minutes (510 20 ' ) to the left, on a line being approximately
seventy five (75) feet from and parallel to the centerline of
Boyle Park Drive, a distance of one hundred twenty eight and one
tenth (128 .1) feet to a point; thence run eastward a distance of
two hundred (200 . 00) feet to the point of beginning proper;
containing one and eighty four hundredths (1. 84) acres more or
less .
and;
WHEREAS, the City of Little Rock has determined that it is not
feasible to use the above described property for an animal shelter
and has abandoned its plans to use that property for an animal shelter;
and
WHEREAS , the restriction of the Deed from John F. Boyle and Snow
Yowell Boyle, his wife, as to the use of the land was that it should
be used for recreational park purposes only.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK.
SECTION 1. That the restriction contained in the original deed
from John F. Boyle and Snow Yowell Boyle his wife to that property now
known as Boyle Park restricted its use to recreational park purposes
only should be restored to that part of the land described above .
SECTION 2 . The Mayor is hereby authorized to execute a legal
instrument and the City Clerk is hereby authorized to attest same
revoking the amendment of the restriction of uses heretofore executed
and restore the restriction for uses as outlined in the original deed
between John F. Boyle and Snow Yowell Boyle his wife to the City of
Little Rock dated May 31, 1929 .
SECTION 3 . This Resolution shall be in full force and effect
from and after its adoption.
ADOPTED: June 7, 1977
ATTEST: a/!'I.Z APPROVED
ity Clerk Mayo