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13779 ysli e t et -. G 2013073174 Received: 10/8/2013 8:09:55 AM Recorded: 10/08/2013 08:14:15 AM Filed& � � �c � \N _ Recorded in Official Records of Larry Crane. d, _ PULASKI COUNTY CIRCUIT/COUNTY CLERK 1 ` ': v +# $ RESOLUTION NO 13,779 Fees$40.00 2 ours 3 A RESOLUTION TO AUTHORIZE THE MAYOR, CITY CLERK AND 4 CITY MANAGER TO EXECUTE REAL ESTATE CONTRACTS, 5 CONVEY CERTAIN REAL PROPERTY, PERMANENT AND 6 TEMPORARY CONSTRUCTION EASEMENTS LOCATED ALONG THE 7 PROPOSED BROADWAY STREET BRIDGE REPLACEMENT 8 PROJECT TO THE ARKANSAS HIGHWAY AND TRANSPORTATION 9 DEPARTMENT FOR A ROADWAY IMPROVEMENT PROJECT; AND 10 FOR OTHER PURPOSES. 11 12 WHEREAS, the Arkansas Highway and Transportation Department is undertaking a bridge 13 replacement project along State Highway 70, Broadway Street which will necessitate the acquisition of 14 real property and permanent and temporary construction easements from the City; and, 15 WHEREAS, the Arkansas Highway and Transportation Department has requested a donation of the 16 property and easements needed from the City to accomplish the construction; and, 17 WHEREAS,the City Board of Directors has determined that it is in the best interests of the City and 18 its inhabitants for the City to convey the property needed by the Arkansas State Highway Department for 19 the Broadway Bridge Replacement Project; 20 NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 21 OF LITTLE ROCK,ARKANSAS: 22 Section 1. The Mayor and City Clerk are hereby authorized to execute, in a form approved by the 23 City Attorney, any documents required to convey to the Arkansas State Highway Department certain 24 lands located in the Pulaski County,Arkansas,more particularly described as follows: 25 Tract 3: Part of Lot 12, Block 121, Original City of Little Rock, Township 1 North, Range 26 12 West, Pulaski County, Arkansas,more particularly described as follows: 27 BEGINNING at a point being used as the southeast corner of Lot 12 of Block 121 28 which is also on the northerly right-of-way line of Markham Street as established by the Plat 29 of the Original City of Little Rock, Arkansas, recorded as Instrument No. 2010000004; thence 30 North 80° 27' 12" west along said right-of-way line a distance of 35.26 feet to a point on 31 the westerly right-of-way line of U.S. Highway 70 (Broadway Street) as established by AHTD 32 Job 061275; thence North 69° 56' 55" east along said right-of-way line a distance of 40.52 33 feet to a point on the westerly right-of-way line of U.S. Highway 70 (Broadway Street) as [Page 1 of 6] 1 1 established by the Plat of the Original City of Little Rock, Arkansas, recorded as Instrument No. 2 2010000004; thence South 09° 26' 58" west along said right-of-way line a distance of 20.01 3 feet to the point of beginning and containing 353 square-feet, more or less, as shown on plans 4 prepared by the AHTD referenced as Job 061275. 5 6 Tract 4X: Part of Lot's 6 and 7 of Block 100 and part of an alley closed by City Ordinance 7 Number 12,471, Original City of Little Rock, Arkansas, Township 1 North, Range 12 West, 8 Pulaski County, Arkansas, more particularly described as follows: 9 BEGINNING at a point being used as the northwest corner of Lot 6 of Block 100 10 which is also on the southerly right-of-way line of Garland Avenue as established by the 11 Plat of the Original City of Little Rock, Arkansas, recorded as Instrument No. 12 2010000004; thence South 80° 32' 52" east along said right-of-way line a distance of 13 12.10 feet to a point on the easterly right-of-way line of U.S. Highway 70 (Broadway 14 Street) as established by AHTD Job 061275; thence South 0 8 ° 56' 43' west along said 15 right-of-way line a distance of 74.46 feet to a point; thence South 04° 35' 09" west along 16 said right-of-way line a distance of 65.78 feet to a point on the south line of Lot 6 of 17 Block 100; thence South 0 8 ° 56' 43" west along said right-of-way line a distance of 129.41 18 feet to a point; thence South 0 0° 19' 21" east along said right-of-way line a distance of 31.05 19 feet to a point on the northerly right-of-way line of Markham Street as established by the 20 Plat of the Original City of Little Rock, Arkansas, recorded as Instrument No. 2010000004; 21 thence North 80° 32' 52" west along said right-of-way line a distance of 24.74 feet to a 22 point on the easterly right-of-way line of U.S. Highway 70 (Broadway Street) as established 23 by the Plat of the Original City of Little Rock, Arkansas, recorded as Instrument No. 24 2010000004; thence North 09° 26' 58" east along said right-of-way line a distance of 300.00 25 feet to the point of beginning and containing 5,066 square-feet, more or less, as shown on 26 plans prepared by the AHTD referenced as Job 061275. 27 28 Tract 6: Part of Block 185 of the Original City of Little Rock, Township 1 North, Range 29 12 West, Pulaski County, Arkansas,more particularly described as follows: 30 Commencing at a point being used as the Southeast corner of Block 185 which is also on 31 the westerly right-of-way line of U.S. Highway 70 (Broadway Street) as established by the Plat 32 of the Original City of Little Rock, Arkansas, recorded as Instrument No. 2010000004; thence 33 North 09° 26' 58' east along said right-of-way line a distance of 236.50 feet to a point on 34 the northerly right-of-way line of La Harpe Boulevard West Ramp as established by ATHD [Page 2 of 61 1 Job 6429 to the POINT OF BEGINNING; thence in a Southwesterly direction along said right- 2 of-way line on a curve to the right having a radius of 80.50 feet a distance of 67.60 feet having a 3 chord bearing of South 62°29' 32" west a distance of 65.63 feet to a point; thence South 86° 32' 4 58" west along said right-of-way line a distance of 38.62 feet to a point on the Westerly 5 right-of-way line of U.S. Highway 70 (Broadway Street) as established by AHTD Job 061275; 6 thence North 44° 10' 04" east along said right-of-way line a distance of 86.69 feet to a point; 7 thence North 21° 56' 23" east along said right-of-way line a distance of 45.36 feet, more or less, 8 to a point on the High Water Mark of the Arkansas River; thence South 70° 12' 37" east along 9 said right-of-way line a distance of 31.42 feet, more or less, to a point on the westerly right-of- 10 way line of U.S. Highway 70 (Broadway Street) as established by the Plat of the Original City 11 of Little Rock, Arkansas, recorded as Instrument No. 2010000004; thence South 09° 26' 58" 12 west along said right-of-way line a distance of 61.82 feet to the point of beginning and 13 containing 4,819 square-feet, more or less, as shown on plans prepared by the AHTD referenced 14 as Job 061275. 15 16 Tract 7: Part of Block 185 of the Original City of Little Rock, Township 1 North, Range 17 12 West, Pulaski County, Arkansas, more particularly described as follows: 18 Commencing at a point being used as the southeast comer of Block 185 which is also on 19 the westerly right-of-way line of U.S. Highway 70 (Broadway Street) as established by the 20 Plat of the Original City of Little Rock, Arkansas, recorded as Instrument N o. 2010000004; 21 thence North 09° 26' 58" east along said right-of-way line a distance of 76.00 feet to a 22 point on the northerly right-of-way line of Arkansas State Highway 10 (La Harpe 23 Boulevard) as established by ATHD Job 6429 to the POINT OF BEGINNING; thence North 24 84° 35' 49" west along said right-of-way line a distance of 9.12 feet to a point on the 25 westerly right-of-way line of U.S. Highway 70 (Broadway Street) as established by AHTD 26 Job 061275; thence North 04° 39' 58" east along said right-of-way line a distance of 67.01 27 feet to a point on the southerly right-of-way line of Arkansas State Highway 10 (La Harpe 28 Boulevard West Ramp) as established by AHTD Job 6429; thence North 86° 32' 31" east 29 along said right of way line a distance of 15.06 feet to a point on the westerly right-of- 30 way line of U.S. Highway 70 (Broadway Street) as established by the Plat of the Original 31 City of Little Rock, Arkansas, recorded as Instrument No. 2010000004; thence South 09° 26' 32 58" west along said right-of-way line a distance of 69.50 feet to the point of beginning and 33 containing 816 square-feet, more or less, as shown on plans prepared by the AHTD 34 referenced as Job 061275. [Page 3 of 6] 1 And also: Commencing at a point being used as the southeast corner of Block 185 2 which is also on the westerly right-of-way line of U.S. Highway 70 (Broadway Street) as 3 established by the Plat of the Original City of Little Rock, Arkansas, recorded as Instrument 4 No. 2010000004; thence North 09° 26' 58" east along said right-of-way line a distance of 5 76.00 feet to a point on the northerly right-of-way line of Arkansas State Highway 10 (La 6 Harpe Boulevard) as established by ATHD Job 6429; thence North 84° 35' 49" west along 7 said right-of-way line a distance of 158.39 feet to the POINT OF BEGINNING; thence 8 continue North 84° 35' 49" west along said right-of-way line a distance of 42.15 feet to a 9 point on the southerly right-of-way line of Arkansas State Highway 10 (La Harpe Boulevard 10 West Ramp) as established by AHTD Job 6429; thence North 09° 24' 21" east along said 11 right-of-way line a distance of 37.80 feet to a point; thence North 86° 32' 31" east along said 12 right-of-way line a distance of 152.79 feet to a point on the southerly right-of-way line of 13 Arkansas State Highway 10 (La Harpe Boulevard West Ramp) as established by AHTD Job 14 061275;thence South 59° 18' 37" west along said right-of-way line a distance of 44.36 feet to a 15 point; thence South 70° 29' 30" west along said right-of-way line a distance of 83.36 feet to the 16 point of beginning and containing 4,464 square-feet, more or less, as shown on plans prepared by 17 the AHTD referenced as Job 061275. Total area to acquire containing 0.12 acres or 5,280 square- 18 feet, more or less. 19 20 Tract 23: Part of Block 186 of the Original City of Little Rock, Township 1 North, Range 21 12 West, Pulaski County, Arkansas, more particularly described as follows: 22 Commencing at a point being used as the southwest comer of Block 186 which is also 23 on the easterly right-of-way line of U.S. Highway 70 (Broadway Street) as established by 24 the Plat of the Original City of Little Rock, Arkansas, recorded as Instrument No. 25 2010000004; thence North 09° 26' 58" east along said right-of-way line a distance of 26 243.22 feet to the POINT OF BEGINNING; thence continue North 09° 26' 58" east along 27 said right-of-way line a distance of 48.55 feet more or less to a point on the high water mark 28 of the Arkansas River; thence South 73° 43' 39" East along said high water mark a distance 29 of 14.12 feet to a point on the Easterly right-of-way line of U.S. Highway 70 (Broadway 30 Street) as established by AHTD Job 061275; thence South 08° 56' 43" west along said right- 31 of-way line a distance of 47.72 feet to a point on the top bank of the Arkansas River; 32 thence North 77° 12' 15" west a distance of 14.46 feet to the point of beginning and 33 containing 685 square-feet, more or less, as shown on plans prepared by the AHTD referenced 34 as Job 061275. [Page 4 of 6] 1 Tract No.21E-1 Permanent Easement: 2 Part of an unplatted portion of the Original City of Little Rock, Arkansas, and part of Conway 3 Street closed by Ordinance No. 4,345, Township 1 North, Range 12 West, Pulaski County, 4 Arkansas,more particularly described as follows: 5 Commencing at a point being used as the southwest corner of Block 186 which is on the 6 northerly right-of-way line of Garland Avenue as established by the Plat of the Original City of 7 Little Rock, Arkansas, recorded as Instrument No. 2010000004; thence South 80°32'52" east 8 along said right-of-way line a distance of 300.78 feet to a point; thence continue South 80°32'52" 9 east a distance of 60.00 feet to a point on the easterly right-of-way line of Spring Street as 10 established by the Original City of Little Rock, Arkansas, recorded as Instrument No. 11 2010000004; thence North 09°29'20" east along said right-of-way line a distance of 148.65 feet 12 to the POINT OF BEGINNING; thence continue North 09°29'20" east along said right-of-way 13 line a distance of 63.53 feet to a point; thence South 68°36'06" east a distance of 22.44 feet to a 14 point; thence South 62°07'19" east a distance of 137.07 feet to a point; thence South 54°31'51" 15 east a distance of 160.01 feet to a point; thence South 66°28'51" east a distance of 151.43 feet to 16 a point;thence South 17°10'35"west a distance of 46.76 feet to a point on the Northerly right-of- 17 way line of La Harpe Boulevard as established by Ordinance No. 10,353; thence in a 18 northwesterly direction along said right-of-way line on a curve to the right having a radius of 19 905.25 feet a distance of 203.63 feet having a chord bearing of North 66°36'58" west a distance 20 of 203.20 feet to a point; thence North 60°10'18" west along said right-of-way line a distance of 21 63.21 feet to a point; thence continue North 60°10'18"west a distance of 191.97 feet to the point 22 of beginning and containing 20,822 square-feet, more or less, as shown on plans prepared by the 23 AHTD referenced as Job 061275. 24 25 Tract No.23E-1 Permanent Easement: 26 Part of Block 186 of the Original City of Little Rock, Township 1 North, Range 12 West, and 27 Pulaski County, Arkansas more particularly described as follows: 28 Commencing at a point being used as the southwest corner of Block 186 which is also on the 29 westerly right-of-way line of U.S. Highway 70(Broadway Street)as established by the Plat of the 30 Original City of Little Rock, Arkansas, recorded as Instrument No. 2010000004; thence North 31 09°26'58" east along said right-of-way line a distance of 243.22 feet to a point; thence South 32 77°12'15" east a distance of 87.79 feet to a point; thence South 74°44'38" east a distance of 33 61.04 feet to the POINT OF BEGINNING; thence North 17°55'35"east a distance of 2.00 feet to 34 a point; thence South 87°44'48" east a distance of 69.14 feet to a point; thence South 68°36'06" [Page 5 of 6] 1 east a distance of 85.53 feet to a point on the westerly right-of-way line of Spring Street as 2 established by the Plat of the Original City of Little Rock, Arkansas, recorded as Instrument No. 3 2010000004; thence South 09°29'20" west along said right-of-way line a distance of 9.01 feet to 4 a point; thence North 67°43'39" west a distance of 21.72 feet to a point; thence North 76°03'30" 5 west a distance of 91.36 feet to a point; thence North 74°44'38" west a distance of 40.51 feet to 6 the point of beginning and containing 1,654 square-feet, more or less, as shown on plans prepared 7 by the AHTD referenced as Job 061275. 8 9 Tract 3E-1, 4XE-1, 4XE-2 Temporary Construction Easement: An exclusive temporary 10 right-of-way and temporary easement for the sole purposes necessary for Highway construction, 11 together with free ingress and egress, to, across, through and over the lands shown on the Right- 12 of-way Plans for Job No. 061275, and designated as Tract Nos. 3E-1, 4XE-1, 4XE-2 situated in 13 the County of Pulaski, State of Arkansas. 14 This temporary easement as conditioned above shall terminate when the above subject job 15 has been completed by the contractor and accepted by the Arkansas State Highway Commission. 16 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, 17 or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 18 adjudication shall not affect the remaining portions of the resolution which shall remain in full force 19 and effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a 20 part of the resolution. 21 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent 22 with the provisions of this resolution,are hereby repealed to the extent of such inconsistency. 23 ADOPTED: October 1,2013 24 ATTES • APPROVED: 25 111101 WA/41 26 4163 27 us. L. ,City Clerk Mark Stodola,Mayor 28 APP' •V TO LEGAL FORM: 29 ez4.4.664;idezezezk_, 30 31 Cindy Dawsolh,Deputy City Attorney 32 // 33 // 34 // 35 // [Page 6 of 6]