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HomeMy WebLinkAbout1624004 2 3 4 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 35 36 44s, ORDINANCE NO. 16,240 AN ORDINANCE REPEALING LITTLE ROCK, ARK. ORDINANCE 754 (JANUARY 26, 1899) GRANTING A RIGHT -OF -WAY TO THE CHOCTAW AND MEMPHIS RAILROAD COMPANY IN THE CITY OF LITTLE ROCK; AND RE- CONVEYING THE SANE PROPERTY AS AN EASEMENT TO THE MISSOURI PACIFIC RAILROAD COMPANY, THE SUCCESSOR OF THE CHOCTAW AND MEMPHIS RAILROAD COMPANY; DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. WHEREAS, Little Rock, Ark. Ordinance 754 (January 26, 1899) ("LRO") granted a right -of -way to the Choctaw and Memphis Railroad Company, and contains only a general description of the right -of -way granted with various references to "unnamed streets as well as references to certain streets no longer so named, certain subdivisions no longer so named, and certain individuals' property no longer so owned; and WHEREAS, certain provisions and conditions of Little Rock LRO 754 have become obsolete and incapable of accurate interpretation; and WHEREAS, the Missouri Pacific Railroad Company has indicated that it will contractually agree, within thirty days of the date this Ordinances becomes effective, to pay a specified sum for the removal of and restoration to grade level the Second Street overpass which crosses over that portion of the right -of -way granted by LRO 754 formerly known as "McLean Street ", although its obligation to pay is currently disputed and contested; and WHEREAS, the Missouri Pacific Railroad Company has indicated that it will release back to the City of Little Rock a portion of the right -of -way of Missouri Pacific Railroad Company is currently legally entitled to use but no longer uses, thereby allowing the City of Little Rock unrestricted use thereof, described as: The portion of the city street between East 3rd Street and the Arkansas River, [1] 0-5-6 C -1 1 2 3 4 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 35 36 M w w= w M= M M == M running approximately north and south, formerly known as McLean Street, and presently burdened with a right -of -way pursuant to LRO 754 of 1899. WHEREAS, a repeal of LRO 754 of 1899 will eliminate the confusing and obsolete provisions of said Ordinance, and a reconveyance to the Missouri Pacific Railroad Company of an easement on, over and across the property now used as a railroad right -of -way will clarify the issues of ownership and the financial obligations of maintenance and repair in the future; and WHEREAS, the Missouri Pacific Railroad Company is currently using that part of the right -of -way granted by LRO 754 of 1899 which is hereby being reconveyed for railroad purposes in serving customers in the City of Little Rock. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. LRO 754 adopted January 26, 1899, is hereby repealed. SECTION .2. The City of Little Rock, Arkansas does hereby grant, bargain, sell and convey to Missouri Pacific Railroad Company, its successors and assigns, an easement on, over and across, under and through the following described property, which property lies within the city limits of Little Rock, Pulaski County, Arkansas, is now owned by the City of Little Rock, Arkansas, and was formerly burdened, together with other property, with a right -of -way granted to the Choctaw and Memphis Railroad by Ordinance No. 754 of 1899: The city street between East 3rd Street and East 5th Street, formerly known as McLean Street; the city street between McLean Street and the northerly extension of College Street, known as East 5th Street and the city street between East 15th Street and East 16th Street, formerly known as Cherry Street. Additionally, Forty (40) feet on both the trackage crossing streets, constituting (80) feet wide and with of the street or str sides of the center line of over the following city • strip of property eighty • length equal to the width nets over which such strip [21 crosses; 1 The crossing at East 6th Street between 2 College Street and the northerly extension of 3 Hanger Street; the crossing at Miller Street between East 6th Street and an unnamed street; the 4 crossing at East 9th Street between the northerly 5 extension of Geyer Street and the northerly 6 extension of Last Street; the crossing at 7 Fairpoint Street between East 9th Street and the easterly extension of East 11th Street; the 8 crossing at East 12th Street between Last Street 9 and Fairpoint Street; the crossing at East 14th 10 Street between Last Street and Reyburn Street; the 11 crossing at East 15th Street between Last Street 12 and Reyburn Street; the crossing at Reyburn Street between East 14th Street and East 15th Street; the 13 crossing at Fletcher Street between East 13th 14 Street and East 15th Street; the crossing at East 15 15th Street at the intersection of East 15th Street 16 and Cherry Street; the crossing at East 16th 17 Street between Last Street and Reyburn Street; the crossing at East 17th Street between Last Street 18 and Security Street; the crossing at East 26th 19 Street at the southeast corner of the National 20 Cemetery; the crossing at Bolton Street between 21 East 24th Street and East Roosevelt Road; the 22 crossing at Roosevelt Road east of the intersection of Roosevelt Road and Bolton Street; the crossing 23 at Dugan Street between East Roosevelt Road and 24 Little Rock - Pulaski Drainage District No. 2. Levee; 25 the crossing at East 28th Street between Geyer 26 Street and Commercial Lane; the crossing at Geyer 27 Street between East 28th Street and East 30th Street; the crossing at Geyer Street between East 28 28th Street and East 30th Street; the crossing at 29 East 30th Street between Geyer Street and 30 Confederate Boulevard; the crossing at Confederate 31 Boulevard between East 30th Street and East 32nd 32 Street; the crossing at Welch Street between East 30th Street and East 32nd Street; the crossing at 33 West 36th Street between the southerly extension of 34 Chester Street and the western boundary of 35 36 [3J 35 36 [4] 452 Interstate Park; the crossing at Wright Avenue 1 between Appianway Street and the southerly i 2 extension of Jones Street; the crossing at West 3 17th Street between Jones Street and Woodrow Street; and the crossing at West 18th Street 4 between Jones Street and Woodrow Street. 5 SECTION 3. The Missouri Pacific Railroad Company is granted 6 the right to use the property referred to in Section 2 above, 7 for any and all railroad purposes, and to grant to others the 8 right to use said property for any and all railroad purposes, including but not limited to, construction, reconstruction, 9 maintenance, operation, repair, alteration and renewal or 10 replacement of tracks, facilities and appurtenances on the 11 property, as well as crossing the property with any equipment 12 necessary. 13 SECTION 4.'When any portion of the property referred to in Section 2 above involves or hereafter involves a grade crossing, 14 Missouri Pacific Railroad Company will, at its sole expense, 15 maintain and repair the portions of said property between the 16 ends of the railroad track ties in the crossing area. The 17 remainder of the grade crossing area within said property will 18 be maintained and repaired by and at the sole expense of the City of Little Rock. If the City of Little Rock elects, after 19 the date of this Ordinance, to change the type of surfacing 20 material between the tract tie ends, Missouri Pacific Railroad 21 Company, at the sole expense of the City of Little Rock, shall 22 install such replacement surfacing. SECTION 5. When any portion of the property referred to in 23 Section 2 above involves or hereafter involves a public roadway 24 crossing under Missouri Pacific Railroad Company's tracks, 25 Missouri Pacific Railroad Company shall, at its sole expense, 26 maintain and repair, or cause to be maintained and repaired, the 27 entire superstructure of the roadway - railway grade separation 28 structure; and the City of Little Rock shall, at its sole expense, maintain, repair and renew, or cause to be maintained, 29 repaired and renewed, the entire substructure of the 30 roadway - railroad grade separation structure. When any portion of 31 said property now involves or hereinafter involves a public 32 roadway crossing over Missouri Pacific Railroad Company's 33 tracks, the City of Little Rock shall, at its sole expense, maintain, repair, and renew, or cause to be maintained, repaired 34 and renewed, the entire roadway - railroad grade separation 35 36 [4] M M M • • 953 structure. (This provision does not apply to the roadway - railway 1 grade separation structure at Sixth Street between College 2 Street and the northerly extension of Hanger Street, as Missouri 3 Pacific Railroad Company has the obligation to maintain and 4 repair, or cause to be maintained and repaired, the entire roadway - railway grade separation structure at this location, 5 with the exception of the roadway support and surface, which 6 will be maintained and repaired by the City of Little Rock.) 7 SECTION 6. The property referred to in Section 2 above 8 which is not maintained and repaired pursuant to the terms of 9 Section 4 or Section 5 above shall be maintained and repaired at the sole expense of Missouri Pacific Railroad Company. 10 SECTION 7. No portion of the property referred to in 11 Section 2 above will be deemed, considered or determined to be 12 abandoned by Missouri Pacific Railroad Company unless and until 13 an authorized representative of Missouri Pacific Railroad 14 Company shall have specifically informed the City of Little Rock in writing that Missouri Pacific Railroad Company is abandoning 15 the particular portion of the property, and the abandonment is 16 acknowledged in writing by an authorized representative of the 17 City of Little Rock. Upon abandonment pursuant to the terms of 18 this Section, all right, title, interest, easement and 19 obligation of Missouri Pacific Railroad shall cease with respect to the portion of the property abandoned, and the City of Little 20 Rock shall thenceforth own said property free and clear of the 21 easement hereby created. 22 SECTION 8. The Missouri Pacific Railroad Company shall file 23 in the Office of the Little Rock City Clerk its written 24 acceptance of the property described in this Ordinance within thirty (30) days of the date of passage of this Ordinance. 25 SECTION 9. If any provision of this ordinance or the 26 application thereof to any person, entity or circumstance is 27 held invalid, such invalidity shall not affect other provisions 28 or applications of the Ordinance which can be given effect 29 without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. 30 SECTION 10. All existing Ordinances and parts of Ordinances 31 in conflict with this Ordinance are hereby repealed. 32 SECTION 11. Emergency. It has been found and is hereby 33 declared by this Little Rock Board of Directors that the current 34 condition of the property referred to herein has reached 35 36 [5) 1 2 3 4 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 35 36 emergency proportions, and those conditions can be resolved by the passage of this Ordinance. Therefore, an emergency is declared to exist, and this Ordinance, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage, approval and acceptance by Missouri Pacific Railroad Company pursuant to the terms of Section 8, above. PASSED: July 7, 1992 APPROVED AS TO FORK: z VED K4YOR i6] 454 b-50 C -� 1 2 3 4 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 35 36 A 96 MAR 28 AM 10, 25 AN ORDINANCE REPEALING LITTLE ROCK, ARK. ORDINANCE 754 (JANUARY 26(tC61tCU! TfCLERK 1899) GRANTING A RIGHT -OF -WAY TO THE CHOCTAW AND MEMPHIS RAILROAD COMPANY IN THE CITY OF LITTLE ROCK; AND RE- CONVEYING THE SAME PROPERTY AS AN EASEMENT TO THE MISSOURI PACIFIC RAILROAD COMPANY, THE SUCCESSOR OF THE CHOCTAW AND MEMPHIS RAILROAD COMPANY; DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. WHEREAS, Little Rock, Ark. Ordinance 754 (January 26,1899) ("LRO") granted a right -of -way to the Choctaw and Memphis Railroad Company, and contains only a general description of the - right -of -way granted with various references to "unnamed streets as well as references to certain streets no longer so named, certain subdivisions no longer so named, and certain individuals, property no longer so owned; and WHEREAS, certain provisions and conditions of Little Rock LRO 754 have become obsolete and incapable of accurate interpretation; and WHEREAS, the Missouri Pacific Railroad Company has indicated that it will contractually agree, within thirty days of the date this Ordinances becomes effective, to pay a specified sum for the removal of and restoration to grade level the Second Street overpass which crosses over that portion of the right -of -way granted by LRO 754 formerly known as "McLean Street ", although its obligation to pay is currently disputed and contested; and WHEREAS, the Missouri Pacific Railroad Company has indicated that it will release back to the City of Little Rock a portion of the right -of -way of Missouri Pacific Railroad Company is currently legally entitled to use but no longer uses, thereby allowing the City of Little Rock unrestricted use thereof, described as: The portion of the city street between East 3rd Street and the Arkansas River, [1] o -S6 C -I y <• =s A 96 MAR 28 AM 10, 25 AN ORDINANCE REPEALING LITTLE ROCK, ARK. ORDINANCE 754 (JANUARY 26(tC61tCU! TfCLERK 1899) GRANTING A RIGHT -OF -WAY TO THE CHOCTAW AND MEMPHIS RAILROAD COMPANY IN THE CITY OF LITTLE ROCK; AND RE- CONVEYING THE SAME PROPERTY AS AN EASEMENT TO THE MISSOURI PACIFIC RAILROAD COMPANY, THE SUCCESSOR OF THE CHOCTAW AND MEMPHIS RAILROAD COMPANY; DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. WHEREAS, Little Rock, Ark. Ordinance 754 (January 26,1899) ("LRO") granted a right -of -way to the Choctaw and Memphis Railroad Company, and contains only a general description of the - right -of -way granted with various references to "unnamed streets as well as references to certain streets no longer so named, certain subdivisions no longer so named, and certain individuals, property no longer so owned; and WHEREAS, certain provisions and conditions of Little Rock LRO 754 have become obsolete and incapable of accurate interpretation; and WHEREAS, the Missouri Pacific Railroad Company has indicated that it will contractually agree, within thirty days of the date this Ordinances becomes effective, to pay a specified sum for the removal of and restoration to grade level the Second Street overpass which crosses over that portion of the right -of -way granted by LRO 754 formerly known as "McLean Street ", although its obligation to pay is currently disputed and contested; and WHEREAS, the Missouri Pacific Railroad Company has indicated that it will release back to the City of Little Rock a portion of the right -of -way of Missouri Pacific Railroad Company is currently legally entitled to use but no longer uses, thereby allowing the City of Little Rock unrestricted use thereof, described as: The portion of the city street between East 3rd Street and the Arkansas River, [1] o -S6 C -I rung approximately north south, 1 formerly known as McLean S eet, and 2 presently burdened with a right -of -way 3 pursuant to LRO 754 of 1899. 4 WHEREAS, a repeal of LRO 754 of 1899 will eliminate the confusing and obsolete provisions of said Ordinance, and a 5 reconveyance to the Missouri Pacific Railroad Company of an 6 easement on, over and across the property now used as a railroad 7 right -of -way will clarify the issues of ownership and the 8 financial obligations of maintenance and repair in the future; 9 and WHEREAS, the Missouri Pacific Railroad Company is currently 10 using that part of the right -of -way granted by LRO 754 of 1899 11 which is hereby being reconveyed for railroad purposes in 12 serving customers in the City of Little Rock. 13 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF 14 THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. LRO 754 adopted January 26, 1899, is hereby 15 repealed. 16 SECTION 2_ The City of Little Rock, Arkansas does hereby 17 grant, bargain, sell and convey to Missouri Pacific Railroad 18 Company, its successors and assigns, an easement on, over and 19 across, under and through the following described property, which property lies within the city limits of Little Rock, 20 Pulaski County, Arkansas, is now owned by the City of Little 21 Rock, Arkansas, and was formerly burdened, together with other 22 property, with a right -of -way granted to the Choctaw and Memphis 23 Railroad by Ordinance No. 754 of 1899: 24 The city street between East 3rd Street and East 5th Street, formerly known as McLean Street; the 25 city street between McLean Street and the northerly 26 extension of College Street, known as East 5th 27 Street and the city street between East 15th Street 28 and East 16th Street, formerly known as Cherry 29 Street. Additionally, 30 Forty (40) feet on both sides of the center line of 31 the trackage crossing over the following city 32 streets, constituting a strip of property eighty 33 (80) feet wide and with a length equal to the width 34 of the street or streets over which such strip 35 36 j2] 45C Q01 crosses; 1 Th crossing at East 6th reet between 2 College reet and the northerl extension of 3 Hanger Street; the crossing at Miller Street between East 6th Street and an unnamed street; the 4 crossing at East 9th Street between the northerly 5 extension of Geyer Street and the northerly 6 extension of Last Street; the crossing at 7 Fairpoint Street between East 9th Street and the easterly extension of East 11th Street; the 8 crossing at East 12th Street between Last Street 9 and Fairpoint Street; the crossing at East 14th 10 Street between Last Street and Reyburn Street; the 11 crossing at East 15th Street between Last Street 12 and Reyburn Street; the crossing at Reyburn Street 13 between East 14th Street and East 15th Street; the crossing at Fletcher Street between East 13th 14 Street and East 15th Street; the crossing at East 15 15th Street at the intersection of East 15th Street 16 and Cherry Street; the crossing at East 16th 17 Street between Last Street and Reyburn Street; the crossing at East 17th Street between Last 'Street 18 and Security Street; the crossing at East 26th 19 Street at the southeast corner of the National 20 Cemetery; the crossing at Bolton Street between 21 East 24th Street and East Roosevelt Road; the 22 crossing at Roosevelt Road east of the intersection of Roosevelt Road and Bolton Street; the crossing 23 at Dugan Street between East Roosevelt Road and 24 Little Rock - Pulaski Drainage District No. 2. Levee; 25 the crossing at East 28th Street between Geyer 26 Street and Commercial Lane; the crossing at Geyer 27 Street between East 28th Street and East 30th Street; the crossing at Geyer Street between East 28 28th Street and East 30th Street; the crossing at 29 East 30th Street between Geyer Street and 30 Confederate Boulevard; the crossing at Confederate 31 Boulevard between East 30th Street and East 32nd 32 Street; the crossing at Welch Street between East 33 30th Street and East 32nd Street; the crossing at West 36th Street between the southerly extension of 34 Chester Street and the western boundary of 35 36 [3] Q01 1 2 3 4 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 35 36 452 Interstal Park; the crossing at right Avenue between ppianway Street and 'fie southerly extension of Jones Street; the crossing at West 17th Street between Jones Street and Woodrow Street; and the crossing at West 18th Street between Jones Street and Woodrow Street. SECTION 3. The Missouri Pacific Railroad company is granted the right to use the property referred to in Section 2 above, for any and all railroad purposes, and to grant to others the rte+ +� „.o cAiA nTnnPrty for anv and all railroad purposes, including b' maintenance, replacement property, a necessary. it not limited to, construction, operation, repair, alteration reconstruction, and renewal or of tracks, facilities and appurtenances on the well as crossing the property with any equipment SECTION 4. When any portion of the property referred to In Section 2 above involves or hereafter involves a grade crossing, Missouri Pacific Railroad Company will, at its sole expense, maintain and repair the portions of said property between the ends of the railroad track ties in the crossing area. The remainder of the grade crossing area within said property will be maintained and repaired by and at the sole expense of the City of Little Rock. If the City of Little Rock elects, after the date of this Ordinance, to change the type of surfacing material between the tract tie ends, Missouri Pacific Railroad Company, at the sole expense of the City of Little Rock, shall install such replacement surfacing. SECTION 5. When any portion of the property referred to in Section 2 above involves or hereafter involves a public roadway crossing under Missouri Pacific Railroad Company's tracks, Missouri Pacific Railroad Company shall, at its sole expense, maintain and repair, or cause to be maintained and repaired, the entire superstructure of the roadway - railway grade separation structure; and the City of Little Rock shall, at its sole expense, maintain, repair and renew, or cause to be maintained, repaired and renewed, the entire substructure of the roadway - railroad grade separation structure. When any portion of said property now involves or hereinafter involves a public roadway crossing over Missouri Pacific Railroad Company's tracks, the City of Little Rock shall, at its sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire roadway - railroad grade separation [4] 4531 !! structure. (Ttiis provision does not ap,5# to the roadway- railway 1 grade separation structure at Sixth Street between College 2 Street and the northerly extension of Hanger Street, as Missouri 3 Pacific Railroad Company has the obligation to maintain and repair, or cause to be maintained and repaired, the entire 4 roadway - railway grade separation structure at this location, 5 with the exception of the roadway support and surface, which 6 will be maintained and repaired by the City of Little Rock.) 7 SECTION 6. The property referred to in Section 2 above which is not maintained and repaired pursuant to the terms of 8 Section 4 or Section 5 above shall be maintained and repaired at 9 the sole expense of Missouri Pacific Railroad Company. 10 SECTION 7. No portion of the property referred to in 11 Section 2 above will be deemed, considered or determined to be 12 abandoned by Missouri Pacific Railroad Company unless and until an authorized representative of Missouri Pacific Railroad 13 Company shall have specifically informed the City of Little Rock 14 in writing that Missouri Pacific Railroad Company is abandoning 15 the particular portion of the property, and the abandonment is 16 acknowledged in writing by an authorized representative of the 17 City of Little Rock. Upon abandonment pursuant to the terms of 18 this Section, all right, title, interest, easement and obligation of Missouri Pacific Railroad shall cease with respect 19 to the portion of the property abandoned, and the City of Little 20 Rock shall thenceforth own said property free and clear of the 21 easement hereby created. 22 SECTION 8. The Missouri Pacific Railroad Company shall file in the Office of the Little Rock City Clerk its written 23 acceptance of the property described in this Ordinance within 24 thirty (30) days of the date of passage of this Ordinance. 25 SECTION 9. If any provision of this ordinance or the 26 application thereof to any person, entity or circumstance is 27 held invalid, such invalidity shall not affect other provisions 28 or applications of the ordinance which can be given effect without the invalid provision or application, and to this end 29 the provisions of this Ordinance are declared to be severable. 30 SECTION 10. All existing Ordinances and parts of Ordinances 31 in conflict with this Ordinance are hereby repealed. 32 SECTION 11. Emergency. It has been found and is hereby 33 declared by this Little Rock Board of Directors that the current condition of the property referred to herein has reached 34 35 36 [5] 4531 t 1 2 3 4 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 35 36 emergency pr rtions, and those conditions can be resolved by the passage * this ordinance. Therre, an emergency is declared to exist, and this Ordinance, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage, approval and acceptance by Missouri Pacific Railroad Company pursuant to the terms of Section 8, above. PASSED: July 7, 1992 APPROVED AS TO FORM: • • TAN& IOW - wer M. .i-I• . � . 4 [6) n- C' C E R T I F I C A T E STATE OF ARKANSAS) COUNTY OF PULASKI) SS CITY OF LITTLE ROCK) I, Robbie Hancock, City Clerk within and for the City aforesaid, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 16,240 of the Ordinances of the City of Little Rock, Arkansas, entitled: "AN ORDINANCE REPEALING LITTLE ROCK, ARK. ORDINANCE 754 (JANUARY 26, 1899) GRANTING A RIGHT -OF -WAY TO THE CHOCTAW AND MEMPHIS RAILROAD COMPANY IN THE CITY OF LITTLE ROCK; AND RECONVEYING THE SAME PROPERTY AS AN EASEMENT TO THE MISSOURI PACIFIC RAILROAD COMPANY, THE SUCCESSOR OF THE CHOCTAW ANS MEMPHIS RAILROAD COMPANY; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES "; passed by the Board of Directors of said City on July 7, 1992, said Ordinance now appearing of record in this office. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office on this 13th day of March, 1996. F-010TrIl. City Clerk Cie, City of Little Rock, Arkansas