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2003072422
07/21/2883 09:48:47 AN
Filed 6 Recorded in
Official Records of
CAROLYN STOLEY
PlKA51(I COUNTY
RESOLUTION NO. _ 11,556 CIRCUIT /COUNTY CLERK
Fees $11.00
A RESOLUTION RELEASING OBSOLETE RESTRICTIONS IN A
COVENANT FILED SEPTEMBER 16, 1959 REGARDING
CERTAIN PROPERTY IN THE MOUNTAIN PARK ADDITION;
AND FOR OTHER PURPOSES.
WHEREAS, a covenant was executed by and among Safeway Stores,
Incorporated, the Little Rock Planning Commission, and the Board of Directors
of the City, which was filed for record on September 16, 1959 and recorded in
Book 708, Page 477 of the records of Pulaski County, Arkansas, and
WHEREAS, the covenant concerned certain restrictions and conditions
about landscaping, lighting and other matters on Lots 1, 2, 3, 4, 5, 6, 10, 11 and 12
in Block 4, Mountain Park Addition to the City of Little Rock, Arkansas, and
WHEREAS, the covenant restrictions have become obsolete following the
redevelopment of the site to allow construction of a larger Kroger store and other
improvements on the subject property in the Kroger PCD passed pursuant to
Little Rock, Ark. Ord. No. 18,217 (February 15, 2000), and
WHEREAS, the restrictions in the covenant should be released.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS.
Section 1. The restrictions contained in the covenant executed
among Safeway Stores, Incorporated, the Little Rock Planning Comm4s�ion „and„ i C��'•.�
the Board of Directors of the City, filed for record on September J6,,
[PAGE 1OF2]
Resolution
CC 4
Releasing Obsolete Restrictions �; ,�.•..n'�rtir _°
in a Covenant �•'�a ;,O`q:. }: �♦t's:y; °” fo
P��YtlOp4f Ofu90'�
1 recorded in Book 708, Page 477 of the records of Pulaski County, Arkansas,
2 concerned certain restrictions and conditions about landscaping, lighting and
3 other matters on Lots 1, 2, 3, 4, 5, 6, 10, 11 and 12 in Block 4, Mountain Park
4 Addition to the City of Little Rock. The restrictions contained in the covenant are
5 obsolete and are hereby released in their entirety.
6 Section 3. Severability. In the event any title, section, paragraph, item,
7 sentence, clause, phrase, or word of this resolution.is declared or adjudged to be
8 invalid or unconstitutional, such declaration or adjudication shall not affect the
9 remaining portions of the resolution, which shall remain in full force and effect
]o as if the portion so declared or adjudged invalid or unconstitutional were not
11 originally a part of the resolution.
12 Section 4. Repealer. All ordinances, resolutions, bylaws, and other matters
13 inconsistent with this resolution are hereby repealed to the extent of such
14 inconsistency.
15 ADOPTED: July 15, 2003
16 ATTEST:
17 ��4ZZi�—;V
O
18 Nan y Woo , City
Clerk
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APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City Attorney
vA
Resolution
Releasing Obsolete Restrictions
in a covenant
[PAGE 2 OF 21
APP VED:
,It W"d �
�.
Vice Myor, Willie Hinton
n