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Home My WebLink About14583 5 111111111111111111111111111 2017039721 PRESENTED:06-22-2017 02:08:21 PM RECORDED:06-22-2017 02:13:44 PM In Official Records of Larry Crane Circuit/County Clerk 1 RESOLUTION NO. 14 ,sKl CO,AR FEE$25.00 2 3 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO 4 EXECUTE A RIGHT-OF-WAY EASEMENT TO DAVIS BEN 5 PROPERTIES MANAGEMENT, AN ARKANSAS LIMITED LIABILITY • 6 COMPANY ("GRANTEE"), INCLUDING ITS SUCCESSORS AND 7 ASSIGNS; AND FOR OTHER PURPOSES. 8 9 WHEREAS, Davis Ben Properties Management, LLC., including its successors and assigns is 10 currently under contract to sell property it owns located at 3101 Dugan Street, Little Rock, AR, 72206, 11 and during its due diligence it was determined by Fidelity National Title Insurance Company that an 12 Access Easement Agreement between the City of Little and Davis Ben Properties Management, LLC,was 13 needed to clear property title and complete real estate sale. 14 WHEREAS,to accommodate the real estate sale and clear any title defects upon the property located 15 at 3101 Dugan Drive, Little Rock, AR 72206, it is desirable for the City to provide an Access Easement 16 Agreement for a pre-existing drive that has been built over an City of Little Rock drainage ditch; 17 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 18 OF LITTLE ROCK,ARKANSAS: 19 Section 1. The City Manager is hereby authorized to execute, in a form approved by the City . 20 Attorney, an access easement and any other documents required to convey a permanent access easement 21 to Davis Ben Properties, Management, LLC, including its successors and assigns described in Exhibit A 22 attached hereto. 23 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 24 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 25 adjudication shall not affect the remaining portions of the resolution, which shall remain in full force and 26 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 27 resolution. 28 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent 29 with the provisions of this resolution, are hereby repealed to the extent of such inconsistency. 30 ADOPTED: June 6,2017 ,,,,,;tii ci'""",,,, 31 ATT 4. : APPROVE . ®�''' '"'s',;•.-* -, • 32 `,, �' ..., =e ., u e; 3y . ,... :___.. 33 �I/I�`� .1 F: Lil `�� '-� r 34- Sus,n L.' gley,i k'ty Clerk I. Mark Stodola,Mayor E?� [Page 1 of 3] ,,',/„,couNri,,�v;`;`,'" 1 APPROVED AS TO LEGAL FORM: 2 e7... / v. 4 Thomas M. Carpenter,City Att at ey 5 // 6 // 7 // 8 // 9 // 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // [Page 2 of 3] 1 EXHIBIT A 2 3 ACCESS EASEMENT AGREEMENT LEGAL DESCRIPTION 4 5 Part of the North '/2 of Section 13, Township 1 North, Range 12 West in the City of Little Rock; Pulaski 6 County, Arkansas, more particularly described as follows: Commencing at the northwest corner of said 7 Section 13;thence S00°00'00"W, along the west line of said Section 13, a distance of 517.0 feet to a point 8 on the south right-of-way of East Roosevelt Road; thence N90°00'00"E, along the south right-of-way line 9 of East Roosevelt Road, a distance of 2,021.7 feet to a point on the east right-of-way line of Dugan Street; 10 thence S00°00'00"W, along the east right-of-way line of Dugan Street, a distance of 665.0 feet to a point 11 twenty-five(25)feet southerly of the centerline of the Union Pacific Railroad Industrial lead track(Briley 12 lead track);thence N90°00'00"E, parallel with and twenty-five(25)feet southerly of the centerline of said 13 lead track, a distance of 857.95 feet to a point on the west right-of-way line of a drainage ditch conveyed 14 to the City of Little Rock on May 16, 1963;thence S00°00'00"W, along the west right-of-way line of said 15 drainage ditch, a distance of 26.74 feet to the Point of Beginning; thence N72°26'06"E, a distance of 16 41.95 feet to a point on the east right-of-way line of said drainage ditch; thence S00°00'00"W, along said 17 east right-of-way line of drainage ditch, a distance of 43.92 feet;thence N90°00'00"W, a distance of 40.00 18 feet to a point on the said west right-of-way line of drainage ditch; thence N00°00'00"E, along said west 19 right-of-way line of drainage ditch,a distance of 31.26 feet to the Point of Beginning. 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // [Page 3 of 3]