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ORDINANCE NO. 14,827
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED
IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING
SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER
PURPOSES.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS.
SECTION 1. That the zone classification of the
following property be and is hereby changed as indicated.
A. Z- 3371 -B - described as: a parcel of land situated in
the SE 1/4, SE 1/4, Section 16, T -1 -N, R -13 -W of the
fifth principal meridian, City of Little Rock, Pulaski
County, Arkansas, being more particularly described as
follows: commencing at the SE corner of said Section
16; thence East along the East line of said Section 16
N 030 34' E, 109.03 feet; thence N 890 04' 33" W,
115.44 feet to the point of beginning; thence along a
curve to the right, an arc distance of 118.49 feet said
curve having a radius of 270.00 feet and a chord
bearing and distance of S 21° 34' 30" E, 117.54 feet to
a point on the South line of said Section 16; thence
along said South line N 88° 47' 39" W, 758.26 feet;
thence N 020 32' 14" E, 104.91 feet; thence
S 890 04' 33" E, 710.32 feet to the point of beginning
containing 1.81 acres, more or less, from "0-2" Office
and Institutional and "MF -12" Multifamily to "C -2"
Shopping Center District.
AND
A parcel of land situated in the SE 1/4 of the SE 1/4
of Section 16, T -1 -N, R -13 -W of the fifth principal
meridian, Pulaski County, Arkansas, being more
particularly described as follows: beginning at the SE
corner of said Section 16; thence N 880 47' 39" W,
67.50 feet along the West line of said Section 16;
thence along a curve to the left, an arc distance of
118.49 feet said curve having a radius of 270 feet and
a chord bearing and distance of S 210 34' 30" E, 117.54
feet; thence N 89° 04' 33" W, 710.32 feet; thence
S 02° 32' 14" W, 104.91 feet; thence N 860 14' W,
233.78 feet; thence N 04° 45' E, 430.0 feet; thence
N 450 30' E, 214.61 feet; thence S 440 30' E, 232.43
feet; thence along a curve to the left, an arc distance
of 104.78 feet, said curve having a radius of 300.0
feet and a chord bearing and distance of S 35° 29'
40" E, 104.25 feet; thence N 45° 30' E, 221.89 feet;
thence S 440 30' E, 151.23 feet; thence S 860 26' E,
382.31 feet to a point on the East line of said Section
16; thence along the East line of Section 16
S 030 34' W, 410.0 feet to the point of beginning and
containing 9.2 acres, more or less, from "0-2" Office
and Institutional and "MF -12" Multifamily to "C -3"
General Commercial (I -430 and Colonel Glenn Road, NE
corner).
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SECTION 2. That the map referred to in Section 43 of the
Code of Ordinances of the City of Little Rock and designated district
map be and it is hereby amended to the extent and in the respects
necessary to effect and designate the change provided for in
Section 1 hereof.
SECTION 3. The Mayor and the City Clerk are hereby authorized
to execute
and deliver
to Birch - Brook, Inc.
the City's
Quitclaim
Deed to the
following
described City Property
easement
in Pulaski
County, Arkansas, to -wit:
Part of the NE 1/4 of the NE 1/4 of Section 21 and part of
the SE 1/4 of the SE 1/4 of Section 16, Township 1 North,
Range 13 West, Pulaski County, Arkansas, being a strip of
land 20 feet in width, 10 feet on each side of a centerline
described as follows: Commence at the Northeast corner of
said Section 21 and run thence South 526.7 feet along the
East section boundary to the North right -of -way line of
Colonel Glenn Road; thence Southwesterly along that North
right -of -way line 150 feet to the point of beginning of
this easement; thence N 00059' East 498 feet; thence North-
westerly along a curve, the radius of which is 190.98 feet,
a distance of 30.28 feet to the South line of said Section
16; thence continue along that curve 121.50 feet; thence N
44033' West 52.54 feet; thence along a curve to the right,
the radius of which is 190.98 feet, a distance of 53.72 feet;
thence N 28026' West 348.79 feet; thence along a curve to the
left, the radius of which is 190.98 feet, a distance of 284.59
feet; thence S 66011'20" West 189.80 feet; thence along a
curve to the left, the radius of which is 286.48 feet, a
distance of 104.44 feet; thence S 45018' West 37.64 feet;
thence along a curve to the right, the radius of which is
150.78 feet, a distance of 77.35 feet to the end of this
description on the East line of the property of the Little
Rock Municipal Water Works, which point is 373 feet North
of the South line of said Section 16 and 200 feet East of
the West boundary of the SE 1/4 of the SE 1/4 of said
Section 16.
SECTION 4. That the Ordinance shall take effect and be
in full force from and after its passage and approval.
PASSED: February 19, 1985
ATTEST: 4OL-1111 City Clerk
APPROVED:
ice Mayor
KNOW ALL MEN BY TOE PRESENTS:
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THAT the City of Little Rock, GRANTOR, by its Mayor and Clerk,
duly authorized hereto by proper resolution of its Board of Directors,
for and in consideration of the promipes of Birch- Brook, Inc. in
the Agreement between Birch - Brook, Inc. and the Little Rock
Municipal Water Works (attached hereto and incorporated herein by
reference) including the granting of an easement by Birch- Brook,
Inc. to the City of Little Rock for the use and benefit of the Little
Rock Municipal Water Works, simultaneous with the execution of this
Quitclaim Deed, does hereby grant, bargain, sell and quitclaim unto
Birch - Brook-, Inc., GRANTEE, and unto its successors and assigns
forever, its interest acquired by easement for the use and benefit of
the Little Rock Municipal Water Works, of record in Book 1234 "at Page
364, records of Pulaski County, Arkansas, described as follows, to
wit:
Part of the NE1 /4 of the NE1 /4 of Section 21 and part of the SE1 /4 of
the SE1 /4 of Section 16, Township 1 North Rangge 13 West Pulaski
County, Arkansas, being a strip of land 20 feet in width, 1b feet on
each side of a centerline described as follows: Commence at the
Northeast corner of said Section 21 and run thence South 526.7 feet
along the East section boundary to the North right-of-way line of
Colonel Glenn Road; thence Southwesterly along that North right -of -way
line 150 feet to the point of beginning of this easement; thence
N 00 059' East 498 feet; thence Northwesterly along a curve, the radius
of which is 190.98 feet, a distance of 30.28 feet to the South line of
said Section 16; thence continue along that curve 121.50 feet; thence N
44 °33' West 52.54 feet; thence along a curve to the right, the radius
of which is 190.98 feet, a distance of 53.72 feet- thence N 28 026' West
348.79 feet; thence along a curve to the left, the radius of which is
190.98 feet, a distance of 284.59 feet; thence S 66 °11'20° West 189.80
feet; thence along a curve to the left, the radius of which is 286.48
feet, a distance of 104.44 feet; thence S 45 °18' West 37.64 feet;
thence along a curve to the right, the radius of which is 150.78 feet,
a distance of 77.35 feet to the end of this description on the East
line of the property of the Little Rock Municipal Water Works, which
point is 373 feet North of the South line of said Section 16 and 200
feet East of the West boundary of the SE1 /4 of the SE1 /4 of said
Section 16.
TO HAVE AND TO HOLD the same unto the said Birch - Brook, Inc.,
Trustee, and unto its successors and assigns forever, with all appur-
tenances thereunto belonging.
IN WITNESS WHEREOF, the name of the GRANTOR is hereunto affixed
Vice
by its /Mayor and its seal affixed by its City Clerk this A 1 ,4k day of
February 1985.
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STATE OF ARKANSAS
COUNTY OF PULASKI
CITY OF ROCK
BY�ar es Bus ey, Vice 11
On this of A .. day of 4AjAwut11AAA_ " 1985, before me, a
Notary Public duly commissioned, qualified and acting within and for
said County and State, appeared in person the within named Charles
Bussey and Jane .Czech, to me personally well known, who stated that
they were the Vice Mayor and City Clerk, respectively, of the City of
Little Rock and were duly authorized in their respective capacities to
execute the foregoing instrument for and in the name and behalf of the
City of Little Rock, and further stated and acknowledged that they had
so signed, executed and delivered said foregoing instrument for the
consideration, uses and purposes therein mentionedd and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on this
day of 4ala wQ�T ,�' , 1985.
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kNU a ifle
My Cairtnission Expires:
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(SEAL)
Attachments: Agreement between the WATER WORKS and Birch - Brook, Inc. i
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AGREEMENT • 3 7
THIS AGREEMENT is made between Birch - Brook, Inc., herein-
after called GRANTOR, and the Board of Water Works Commissioners of
the City of Little Rock, Arkansas, hereinafter called WATER WORKS.
THIS AGREEMENT amends the agreement dated 27 February' 1973,
between the WATER WORKS and the previous owner of the subject
property, Pine Manor, Inc., hereinafter the "27 February 11 9
Apreement" to permit the relocation of a portion of the WATER
WORKS' access road to its property on which its 2.5 million gallon
water storage tank is located, hereinafter the "Water Tank Property ";
in accordance with the provisions of paragraph 4 thereof.
NOW THEREFORE:
1. The WATER WORKS hereby agrees to seek, the release of
the easement for said access road of record in Deed Book 1234 at Pale
364, Pulaski County, Arkansas, hereinafter called "City Property ,
and the GRANTOR agrees to convey to the City of Little Rock, Arkansas
for the use and benefit of the WATER WORKS in exchange for the
City Property easement the following, described easement, hereinafter
the "Substitute Property," for use as an access road to the aforesaid
Water Tank Property.
A strip of land situated in the NE1 /4 of the NE1 /4, Section 21 and in
the SE1 /4 of the SE1 /4 of Section 16, Township 1 North, Range 13 West,
Pulaski County, Arkansas, being land 20 feet in width, 10 feet on.each
side of a centerline described as follows:
Commencing at the Northeast corner of said Section 21; thence
S 02 030'02" W, 518.58 feet along the East line of Section 21 to the
North right -of -way line of Colonel Glenn Road; thence N 89 °04'33" W
along the North right -of -way line 30.01 feet to the point of beginning
of this easement; thence N 02 °30'02" E, 464.97 feet; thence along a
curve to the left, said curve having a radius of 300.00 feet, an arc
distance of 170.14 feet thence along a curve to the left, said curve
having a radius of 100.b0 feet, an arc distance of 100.34 feet; thence
N 87 30'02" W, 45.00 feet thence along a curve to the right;' said
curve having a radius of 1b0.00 feet, an arc distance of 102.96 feet;
thence N 28 26' W, 329.00 feet; thence along a curve to .the left, said
curve haviny� a radius of 190.98 feet, an arc distance of 284.59.feet;..
thence S 66 11'20" W, 189.80 feet; thence along a curve to the left,
said curve having a radius of 286.48 feet, an arc distance of 104.44
feet; thence S 45 "18" W, 37.64 feet; thence along a curve to the right,
said curve having a radius of 150.78 feet, an arc distance of 77.35
feet to the end of this description on the East line of the property of
the Little Rock Municipal Water Works, said point being 373 feet North
of the South line of said Section 16 and 200 feet East of the West
Boundary of the the SE1 /4 of the SE1 /4 of said Section 16.
2. The GRANTOR agrees to, at its expense, (1) construct a
replacement all- weather access road for the WATER WORKS along the
Substitute Property easement at least equivalent in all respects to the
existing road including a twelve (12) foot wearing surface and'
appropriate shoulders, slopes and drainage ditches extending from
Colonel Glenn Road in a northerly direction to its point of
termination; (2) properly relocate all existing gates and barriers
which have been erected by the WATER WORKS; (3) pay all WATER
WORKS legal expense in connection with the legal documents or the
transactions described therein; and (4) furnish a surety bond in the
amount of ten thousand dollars ($10,000) in a form satisfactory to
the WATER WORKS guaranteeing the performance of the promises of
Birch - Brook, Inc. as set forth herein.
The GRANTOR further agrees that the WATER WORKS shall have
continuous access to the Water Tank Property and that the existing
access road will not be removed or obstructed prior to the completion
of construction of the replacement road as aforesaid nor prior to the
WATER WORKS' written acceptance of the replacement road, which
written acceptance shall not be unreasonably withheld.
The promises of the GRANTOR, as set forth in this numbered
paragraph 2 are each of the essence of this agreement such that the
GRANTOR S failure to perform any or all shall be a substantial failure
of consideration.
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3. All other terms and conditions of the 27 February . 1973
Agreement, a copy which is attached hereto and made a part hereof,
shall remain as stated in the 27 February 1973 Agreement.
4. The promises within this Agreement shall be -deemed
consideration for the conveyance of the City Property easement from the
City of Little Rock to Birch - Brook, Inca and consideration for the
conveyance of the Substitute Property easement from Birch - Brook,
Inc. to the City of Little Rock. This Agreement shall be enforceable
by the parties in any manner permitted by law or equity, as though the
provisions of this Agreement were set forth word for word in the Deeds
executed by the parties in satisfaction of this Agreement.
DATED this day of February 1985.
BIRCH - BROOK, INC.
BY
• YI"Y�
(Corporate Seal)
BOARD OF WATER WORKS OUMMISSIONERS
OF THE CITY OF LITTLE RgCK,,ARKANSAS..
BY A
Gerald S. Allen, Manager- Engineer
Little Rock Municipal Water Works
Attachments: 27 February 1973 Agreement.
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3. All other terms and conditions of the 27 February . 1973
Agreement, a copy which is attached hereto and made a part hereof,
shall remain as stated in the 27 February 1973 Agreement.
4. The promises within this Agreement shall be -deemed
consideration for the conveyance of the City Property easement from the
City of Little Rock to Birch - Brook, Inca and consideration for the
conveyance of the Substitute Property easement from Birch - Brook,
Inc. to the City of Little Rock. This Agreement shall be enforceable
by the parties in any manner permitted by law or equity, as though the
provisions of this Agreement were set forth word for word in the Deeds
executed by the parties in satisfaction of this Agreement.
DATED this day of February 1985.
BIRCH - BROOK, INC.
BY
• YI"Y�
(Corporate Seal)
BOARD OF WATER WORKS OUMMISSIONERS
OF THE CITY OF LITTLE RgCK,,ARKANSAS..
BY A
Gerald S. Allen, Manager- Engineer
Little Rock Municipal Water Works
Attachments: 27 February 1973 Agreement.
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AGREEMENT
M = M M
lI THIS AGREEMENT is made between Pine Manor, Inc., herein-
after called Grantor, and the Board of Water Works Commissioners
of the City of Little Rock, Arkansas, hereinafter called Water
Works.
Simultaneously with the execution of this agreement and for
a cash consideration, the Grantor has conveyed to the City of
Little Rock, Arkansas, for the use and benefit of the Little
Rock Municipal Water Works, at the Water Works.' expense, the fol-
lowing described property situated in Pulaski County, Arkansas.,
to -wit:
Tank site, in fee: Part of the SE4 of the SEy and
part of the SW-,-, of the SE4 of Section 16, Township
1 North, Range 13 West, more particularly described
as follows: Commence at the Southwest corner of the
said SE4 of the SE4 and run thence South 86014' East
35.9 feet along the boundary between Sections 16 and
21 of the aforesaid township and range to the point
of beginning; thence continue along the same bearing
164.1 feet; thence North 04045' East 430 feet; thence
North 86014' West 200 feet; thence South 59040'29"
West 192 feet, more or less; to the East right of way
of I -430; thence South 30019'31" East 326 feet along
said highway right of way; thence South 01006'17"
East 52.3 feet along the highway right of way to the
point of beginning, containing 2.52 acres, more.or
less.
Easement for water pipe line and electric power
line: Commence at the Southwest corner of the SE4
of the SE4 of Section 16, Township 1 North, Range 13
West, and run thence South 86014' East 200 feet
along the boundary between Sections 16 and 21 of the
aforesaid township and range to the point of
beginning; thence continue along the same bearing
253 feet; thence North 20 feet; thence North 86014'
West 253 feet; thence South 20 feet to the point of
beginning.
Easement for access road: Part of the NE4 of the
NE4 of Section 21 and part of the SE4 of the SE4 of
Section 16, Township 1 North, Range 13 West, being
a strip of land 20 feet in width, 10 feet on each
side of a center line described as follows: Commence
at the.Northeast corner of said Section 21 and run
thence South 526.7 feet along the East section
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boundary to the North right of way line of Colonel
Glenn Road; thence Southwesterly along that North
right of way line 150 feet to the point of beginning
of this easement; thence North 00059' East 498 feet.;
thence. Northwesterly along a curve, the radius of
which is 190.98 feet, a distance of 30.28 feet to
the South line of said Section 16; thence continue
along that curve 121.50 feet; thence North 44033'
West 52.54 feet; thence along a curve to the right,
the radius of which is 190.98 feet, a distance of
53.72 feet; thence North 28026' West 348.79 feet;
thence along a curve to the left, the radius of.which
is 190.98 feet, a distance of 284.59 feet; thence
South 66011120' West 189.80 feet; thence along a
curve to the left, the radius of which is 286.48 feet,
a distance of 104.44 feet; thence South 45018' West
37.64 feet; thence along a curve to the right, the
radius of which is 150.78 feet, a distance of 77.35
feet to the end of this description on the East line
of the property of the Little Rock Municipal Water
Works, which point is 373 feet North of the South
line of said Section 16 and 200 feet East of the
West boundary of the SE4 of the SE4 of said Section
16.
NOW, THEREFORE:
1. As additional consideration to the Grantor, the Water
Works agrees that promptly after the erection of its water,
storage tank, it will landscape the North, East and South sides
of the aforesaid tank site by planting three hundred
( 300 ) pine seedlings in those areas.
2. As additional consideration to the Grantor, the Water
Works agrees that, without payment of a front foot or per'acre
pro rata charge, the Grantor may obtain service connections to
the water main to be installed on the aforesaid pipe line easement.
However, aside from the waiver of pro rata charges, all other
pertinent Water Works rules, regulations, policies, charges and..
rates shall be applicable to such connections and to the water
service furnished through them.
3. The real property described herein is subject to a
mortgage dated June 1, 1970, of record in Mortgage Book 1300 at
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Page
263, in
favor of
Hendrix
College.
As part.consideration
for
the cash
payment
the Water
Works has
made to the Grantor for..'..
the aforesaid conveyances, the Grantor agrees to have said
mortgage released, as to the tank site only, within fifteen (15)
days after execution of this agreement..ry '
4. The purpose of the aforesaid access road easement lkinl Fc '
permit the Water Works to construct and use an all-weather road
(with appropriate shoulders, slopes and drainage ditches). from
Colonel Glenn Road to the aforesaid tank site. As additional.
consideration to the Grantor for the conveyance of that easement,
the Water Works agrees that if the said roadway subsequently
interferes with the Grantor's plans for development of its
property in the aforesaid Sections 16 and 21, the Water Works will,
have said access road easement released or reconveyed to the
Grantor. However, before the Water Works' rights in the initial
access road easement shall be relinquished, the Grantor, at.its'
expense, must construct a replacement road for the Water Works..
extending from Colonel Glenn Road to the tank site. The replace-
ment road must be at least equivalent in all respects to the
initial road to be constructed by the Water Works, including.an
equivalent twelve (12) foot wearing surface and appropriate
shoulders, slopes and drainage ditches. The Grantor must then
convey an easement for the replacement road to the City of
Little Rock, Arkansas, for the use and benefit of the Little Rock
Municipal Water Works, except that any portion of the replacement
road which may be dedicated as a public street need not be so
conveyed.
5. This agreement, although not of record, having been
made simultaneously with the execution of the aforesaid convey-
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ances, shall be deemed a part thereof and shall be enforceable
by the parties in any manner permitted by law, as though the pro -.,.
visions hereof were inserted in the aforesaid conveyances.
�, �Ll
Dated this day of - - -r< 1973.
P MANOR, INC.
B y-
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ATTEST: �.� Owl?_•` /�'
Title
Title
(Corporate Seal)
BOARD OF WATER WORKS COMMISSIONERS
of the CITY OF LITTLE ROCK, .
ARKANSAS
By
Jack H. Wilson, Manager-
Engineer, Little Rock Municipal .
Water Works
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