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I ORDINANCE NO. 18.747
2 AN ORDINANCE GRANTING A FRANCHISE TO INDUSTRIAL
3 REALTY HOLDINGS, LLC, ITS SUCCESSORS AND ASSIGNS,
4 FOR THE CONTINUED OPERATION AND MAINTENANCE OF
5 THE (i) SUBSTRUCTURES, BASEMENT LOCATED THREE FEET
6 UNDER THE SIDEWALKS ON WEST CAPITOL AVENUE AND
7 ON SOUTH MAIN STREET, ADJACENT TO LOT TWELVE AND
8 THE NORTH TEN FEET OF LOT ELEVEN TO A LINE TWELVE
9 FEET NORTH OF THE NORTH PROPERTY LINE OF LOT
10 TWELVE, AND TWELVE FEET EAST OF THE EAST PROPERTY
11 LINES OF LOT TWELVE AND THE NORTH TEN FEET OF LOT
12 ELEVEN AND UNDER SIDEWALKS ADJACENT TO THE NORTH
13 EAST CORNER OF LOT TWELVE IN THE AREA COVERED BY
14 A TWELVE FOOT RADIUS FROM SAID CORNER, BLOCK
15 SEVENTY -FOUR ORIGINAL CITY OF LITTLE ROCK; (ii) THE
16 TWELVE STORY BRICK AND FRAME BUILDING 4.5 FEET by
17 3.5 FEET ONTO THE TWENTY FOOT ALLEY ON THE EAST
18 SIDE OF THE NORTH TEN FEET OF LOT ELEVEN, BLOCK
19 SEVENTY -FOUR ORIGINAL CITY OF LITTLE ROCK; (iii) AN
20 AWNING WITHIN THE RIGHT OF WAY OF MAIN STREET ON
21 THE EAST SIDE OF LOT TWELVE AND THE NORTH TEN FEET
22 OF LOT ELEVEN, BLOCK SEVENTY -FOUR ORIGINAL CITY OF
23 LITTLE ROCK; (iv) TWO GRATES LOCATED ON THE TWENTY
24 FOOT ALLEY ADJACENT TO THE WEST SIDE OF LOT
25 TWELVE, BLOCK SEVENTY -FOUR ORIGINAL CITY OF LITTLE
26 ROCK; (v) OF THE TWELVE STORY BRICK FRAME BUILDING
27 ENCROACHMENT .04 FEET BEYOND THE PROPERTY LINE ON
28 THE EAST SIDE OF LOT 12 AND THE NORTH 10' OF LOT 11,
29 BLOCK SEVENTY -FOUR ORIGINAL CITY OF LITTLE ROCK,
• 0
1 AND (vi) OF THE BOARDERS OF THE DOOR IN THE CENTER
2 OF THE NORTH SIDE OF THE BUILDING WHICH EXTEND
3 BEYOND THE PROPERTY LINE ON THE NORTH SIDE OF LOT
4 12 BLOCK SEVENTY -FOUR ORIGINAL CITY OF LIITLE ROCK,
5 ALL OF WHICH IS SHOWN ON THE PLAT OF SURVEY
6 PREPARED BY DONALD W. BROOKS, REGISTERED LAND
7 SURVEYOR, DATED APRIL 15, 2002.
8 WHEREAS, the Little Rock Board of Directors , being authorized by Ordinance
9 No. 4445, granted Boyle Realty Company, its successors and assigns, the right to
10 construct and maintain for a period of ninety -nine years from January 151, 1909,
11 substructures and basement of such buildings as they then stood or thereafter may have
12 been erected and also permitted said company to construct and maintain on West Capitol
13 Avenue, a stair -way four feet eight inches wide, leading to the basement of said
14 buildings, a copy of said Ordinance No. 4445 being attached hereto as Exhibit A, and
15 WHEREAS, the Little Rock Board of Directors has been asked to grant a
16 Franchise for the continuation of the rights described in Ordinance No. 4445, and
17 WHEREAS, the Little Rock Board of Directors has been asked to grant a
18 Franchise for the continued location of the twelve story brick and frame building onto the
19 twenty foot alley on the East Side of the Northeast Corner of Lot Eleven as shown on the Plat of
20 Survey prepared by Donald W. Brooks, Registered Land Surveyor, dated April 15, 2002 and
21 attached hereto as Exhibit B ( "Plat "), and
WHEREAS, the Little Rock Board of Directors has been asked to grant a
Franchise for the continued operation and maintenance of an awning within the right of
way on Main Street adjacent to the East Side of Lot Twelve and the North ten feet of Lot
Eleven as shown on the Plat, and
WHEREAS, the Little Rock Board of Directors has been asked to grant a
Franchise for the continued operation and maintenance of two grates located in the
twenty foot alley adjacent to the West Side of Lot Twelve as shown on the Plat, and
-2-
WHEREAS, the Little Rock Board of Directors has been asked to grant a
Franchise for the 12 story brick frame building encroachment 0.4 feet beyond the beyond
the property line on the east side of Lot 12 and the North 10' of Lot 11, as shown on the
Plat, and
WHEREAS, the Little Rock Board of Directors has been asked to grant a
Franchise for the borders of the door in the center of the north side of the building which
extend beyond the property line on the North side of Lot 12, as shown on the Plat, and
WHEREAS, the Little Rock Board of Directors desires to grant said Franchise to
Industrial Realty Holdings, LLC, its successors and assigns in perpetuity for so long as
the encroachments exist and as long as the grantee of the Franchise shall operate, use and
maintain the structures in compliance with City codes and ordinances.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
Section 1. The Little Rock Board of Directors approves and grants a Franchise to
Industrial Realty Holdings, LLC, and to its successors and assigns in perpetuity, to
operate and maintain the substructures described in Ordinance No. 4445, being attached
hereto as Exhibit A.
Section 2. The Little Rock Board of Directors approves and grants a Franchise to
Industrial Realty Holdings, LLC, and to its successors and assigns in perpetuity, for the
continued operation and maintenance of the twelve story brick and frame building onto the
twenty foot alley on the East Side of the Northeast Corner of Lot Eleven as shown on the Plat.
Section 3. The Little Rock Board of Directors approves and grants a Franchise to
Industrial Realty Holdings, LLC, and to its successors and assigns in perpetuity, for the
continued operation and maintenance of an awning within the right of way on Main
Street adjacent to the East Side of Lot Twelve and the North ten feet of Lot Eleven as
shown on the Plat.
Section 4. The Little Rock Board of Directors approves and grants a Franchise to
Industrial Realty Holdings, LLC, and to its successors and assigns in perpetuity, for the
continued operation and maintenance of the 12 story brick frame building encroachment
-3-
0 •
0.4 feet beyond the property line on the east side of Lot 12 and the North 10' of
Lot 11, as shown on the Plat, and
Section 5. The Little Rock Board of Directors approves and grants a Franchise to
Industrial Realty Holdings, LLC, and to its successors and assigns in perpetuity, for the
continued operation and maintenance of the borders of the door in the center of the north
side of the building which extend beyond the property line on the North side of Lot 12, as
shown on the Plat and
Section 6. The structures permitted by this Franchise shall be operated, used and
maintained in compliance with City codes and ordinances for the life of the Franchise.
Section 7. The grantee of this Franchise shall provide thirty (30) days advance
written notice to the Little Rock City Manager of its intent to discontinue the use of the
structures described herein.
Section 8. This Ordinance shall be in full force and effect from and after its
passage and it shall benefit and run in favor of future owners of the Property as shown on
the Plat and successors and assigns until such time as the grantee of the Franchise shall
discontinue the use of the structures described herein.
PASSED: SEPTEMBER 17, 2002
ATT ST: APPROVED: \
Jim iley, Mayor
Na aki S. K ' ht, Assist City Clerk
APP OVED AS TO LEGAL FORM:
Thomas M. Carpenter, City orney
P.\WTM\2100 Franchise Ordmnce.DOC
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oaeo
ORDINANOE N0. 4445
Jul -9 -02 13:56;
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BOYLE BUILDING - MAINTENANCE OF BASElENT UNDER SIDEWALK
Little Rock, Arkansas.
oeoe
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COPY
ORDIHANCS NO. 4445.
AN ORDINANCE GRANTING TO BOYLE REALTY COMPANY. ITS
SUCCE350RS AND ASSIGNS, THE RIGHT TO IICIVATI MIR TH3 DIDIWAIM
ON WEST CAPITAL AVENUE, AND ON SOUTH MAIN STREET, AD7ACERT TO LOT
TWELVE AND THE NORTH TER FEET OF LOT ELEVEN BLOCK SEVENTY FOUR,
ORIGINAL CITY OF LITTLE ROCK. TO A LINE TWELVE FEET NORTH OF THE
NORTH PROPERTY LINE OF LOT TWELVE, AND TWELVE FEET EAST OF THE
EAST PROPERTY LINES OF LOT TWELVE AHD THE NORTH THE FEET OF LOT
ELEVEN, AND TO CONSTRUCT AND MAINTAIN IN SAID EXCAVATION, SUB-
STRUCTURES, DASEMENT AND A STAIRWAY FOUR FEET EIGHT INCHES WIDE
ON WEST CAPITAL AVENUE LEADING TO THE BASENSRT, FOR SUCH BUILDINGS
AS MAY NON OR HERBAFTSR STAID ON u ^AID LOTS, RESERVING CERTAIN
L'ASM8WTS TO THE CITY OF LITTLE ROCK: AND CONFIRMING AND RATIFYING -
TfiE PREVIOUS CONSTRUCTION AND MAINTENANCE OF ANY SUCH STRUCTURES
IN THE ABOVE DESCRIBED AREA{ AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LIT= ROCK, ARE.;
SIOTION It THAT Boyle Realty Company, leases of Lot
Tvolve and the north ten foot of Lot Eleven, Block Seventy Your,
Original Oity of Little Rook, being sixty feet frontage on Main
Street and One Hundred Forty feet frontage on West Capital Avonun,
be, and it in, hereby, granted permission to excavate under the
sidewalks on South Main Street and West Capital Avenuo adjacent to
Lot Tdslve and the North Ten feet of Eat Eleven Baaak Seventy Your,
original City of Little Rock, extending from the north property
line of Lot Twelve to a line twelve foot north of said property
lino and parallel thereto, end from the lest property lines of Lot
Toolve and the north ten foot of Lot Eleven to a lino twelve feet
Cast of oaid property linos and parallel thereto, and under the
aidavalks adjacent to the Northeast darner of Lot Twelve in the
area covered by a twelve foot radius from sold corner, rosorving
to the City of Little Rook and ito assigns the right to uao for the
oolo purpose of laying public utility pipes ona odnduito as part of
a oystem occupying oimllar apaco on adjacent property, and the
maintenance thereof, all the area more than ton feet North of tho
North property line of Lot Twelve and more than ton foot last of
the Most property line of Let Twoleo and the North tau foot of Lot
Eleven to a depth of throe feet measured from the present surface
of the sidewalk.
The right is also granted to Boyle Realty 001Peip, 110
successors and assigns, to construct and maintain in the above
described area for 0 period of ninoty -slao yearn from January let,
1909, oubstruoturan and basawat of ouch buildings an may nos otana
qnt by: nN commercial; 407 858 0825; Jul -9 -02 13:56;
or may har®after be erected•on said lots; also permitting said
company to construct and maintain an Toot Capital Avenue# a stair-
way four feet eight inches wide, leading to the baaament of said
buildings, said stairway to be back not less than nixteen feet from
!lain street.
The right is also granted to Boyle Realty Company to
maintain ventilating grills adjacent to the west property liuss of
Lot Twelve and the north ten foot of Lot Eleven, Block Soventy your
Original City of Little Book suoh ventilating grills to begin at a
point nineteen foot south of the northwest corner of Lot Twelvo and
to oxtand in length twenty three feet six inches south from said
Point, and in width two feet Six inches.
SECTION 2: THAT the Board of Public Affairs, of the City
of Little Rook, is hereby Authorized and Instructed to enter into
and complete a lease for the use of the above mentioned areas for
subatrueturss, basements stairway and ventilating grills by Boyle
Realty Company, its successors and aosigns, for a period of ninety -
nine years from Tannery let, 1909, at the rental of one Dollar a
year.
SECTION 31 THAT excavation in the above described areas
and the maintenance of substructures,, basements, stairways and
ventilating grills therein previous to the date of the passage and
approval of this ordivanoc are hereby ratified. confirmed and
approved.
SECTION 41 THAT all ordinances or parts of ordinamoos in
conflict herewith are hereby repealed only inaofar as they affeot
this ordinance.
pacse97July 1, 1929•
ATTEST;
H.A.Knowlton,
City 'Clark
APPR09EDc
Pat L. Robinson,
Mayor
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,
AGREEFnENT OF LEASE
THIS AGREE03NT, },:ADE AND ENTERED INTO on this the 3
day of July, 1929 by and between the City of Little Rook, Arkansas,
through its Board of Public Affairs acting hereunder by virtue of
Ordinance x/4445, duly passed by the City Council of the City of
Little (look, Arkansas, on July 1, 1929, end approved by pat L.
Robinson, Mayor, and H.A. Knowlton, City Clerk, as party of the
first part, hereinafter called the Lessor, and Boyle Realty Company,
party of the 4eoond part, hereinafter called the Lessee, WITNESSETH:
That the said Lessor for and in consideration of the sum
of One (1.00) DOLLAR, cash in hand paid, the receipt of which sum
Is hereby acknowledged, and in consideration of a like sum to be
paid to the Lessor by the Lessee on or before the lot day of July
in each and every year during the term of this lease, has granted.
demised, leased and let and by these presents does grant, demise,
lemoe and let unto the said Lessee and unto its successors and
assigns the following real estate owned by the City of Little Rock,
to-Vat:
1. All the real estate owned by the City of Little Rock
underneath the sidewalks on South :Rain Street and 'hest Capitol
Avenue adjacent to Lot Twelve (1B), and the North ton (10) feot of
Lot Eleven (11), Block Seventy -four (74), original City of Little
Rock* being sixty (60) feet frontage on ?.join Street and one hundred
forty (140) feet frontage on 'lest Capitol. Avenue, and extending
from the North property line of Lot Twelve (1G) to a lino twclvo
(1::) foot North of said property line and parallel thorato, and
from the East property lines of Lot Twelve (1 ") and tho )•lord: ten
(10) foot of Lot Eleven (11) to a line twelve (1::) fuut Nuot of
said property lines and parallel thereto, and under the sidewalks
adjacent to the Northeast corner of Lot Twelve (12) in the area
covered by a twelve foot radius from said corner, reserving to the
City of Little Hock and its assigns the right to use for the sole
purpose of laying public utility pipes and conduits as part of a
system occupying similar apace on adjacent property, and the main-
tenance thereof, all the area more t:wn ton feet North or tleo North
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property line of Lot Twelve (12) and more than ten feet East of
the East property line of Lot Twelve (12) and the lhorth ten feet of
Lot Eleven (11) to a depth of three feet measured from the present
surface or the sidewalk; and
2. All real estate owned by the City of Little Rock
extending South from a point nineteen (19):feet4SOutfi of the North-
west corner of Lot Twelve (12) a distance of twenty -three feet six
inches and 'feat from said point two feet six inches in width.
The right is granted to Boyle Realty Company its
successors and assigns to excavate under the sidewalks in the area
described in paragraph Number 1 above, and to construct and main-
tain therein foundations, footings, substructures and basements of
such buildings as may now stand or may hereafter be erected on the
above described lots; and the further right is granted to construct
and maintain on west Capitol Avenue, a stairway four feet eight
inches wide, leading to the basement of any building of Lessee on
said lots, the entrance to said stairway to be not less than
sixteen feet West from Ltain Street. The right is also Cranted to
Boyle Realty Company its successors and assigns to maintain venti-
lating grills adjacent to the Hest property lines of Lot Twelve
(12) and the North ten feet of Lot Eleven (11), Block Seventy -four
(74), original City of Little Rook, in the area described in
paragraph Number 2 above.
This agreement of lease shall be In full force and effect
for and during the full term of ninety -nine years from and after
January 1, 1909, upon the payment by the Lessee of the annual
rental as herefnbefore provided.
IN TESTIMONY YAJEREOF, the said City of Little Rook,
Lessor, has caused this lease to be executed by Pat L. Robinson,
C.C. Kavanaugh and L.B. Burrow. who constitute the members of its
Board of Public Affairs, hereunto duly authorized by the provisions
of said Ordinance #4445; and the said Boyle Realty Company, as
Lessee, has caused this lease to be executed by its President, John
F. Boyle, and its Secretary, Corbin M. Duncan, on this the day and
year first above written.
Sent By: HP Commercial;
407 858 0825;
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Attest:
,
3eoretary.
JUI -9.02 13:5x;
CITY OF LITTLE ROCK,
By J�
DOYLE REALTY COMPANY,
By
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rage ni9
Sent BY: HP commercial; 401 85s M!0; Jul -9 -U2 ts:5ts; rage aim
&TATS Oy ARSAMM Sd0
OOORTf OF Pi ADIX.
U IT R=Ml=p that an this day AM btfory Wa dhs
MderatSM", a Betary P611e Within a" for the emir and Blase
atoeessids duly esandavioned and estiad, Pat. L. Bobinowo OaOo
Saveaaagh and LOBO Brew, w M Personally well known, aWad whe
otated a" makneelvAgsfl that they are the Board of rablie Affair®
of the OUp ..t Ltttie Roake ARNMeas, and %bat they Wets daly
aatharlsed in their respeotlye eapast%tos an smh to eases.® no
feeegolft iwtrwsant yelp and in the Mama sad bsLnif of tho ante
City of Little Rosk1 and further stated sad aolmswleagsd that they
hog so slansa, esaoatea sad dalvslpea mold fom Ins iastrameat for
%tits esmsldaratton. Vase and purpowe therein mentioned and set
forthe ant as the net ant doM of the City of Littlo Rook, Ark.
13F TE9TL1 MY YMMW1s I bays horssmto aaA 1W hand and
1e1a1 seal an this % �aw of lay, lost.
MYS OF ARiAD'3AOe 89t
0010?r 01 PM AM.
thin the _Z� day of My. 1929, @afore Wa
, a Ret"PT pablle, duly 46MIGNON"a Valifled
MA a0lum Wilk it mad for said County and States nppaarsd in psraea
%he w1Ah1a named, ,John 1e Doyle anl.9orbin M. DVAG", to me
Personally Wall Yaw's, Who atatsd that Aber ware the prealdsnt ant
seers" of Doyle Bealty Oeatpasy, a ssrpolwtisng and wan duly
amthMIS" in %balr .respeattye eapaeittoe to OMRM%o *A tsrsdetas
in.trsssa% tar old in the saw mad hshalt of said oarporatiftl M@
farthslp atated affi aekeesladdsd that %bey had w algnsd, OZMtsd
aaa, delivrraa said faraselns taotraosat fer Aho ooaolaaraAlono Maas
aaa pavposeethwels mantteasd and soft forth, and as the not and good
eS maid owparationo
IV TZST=My 9Et=W# I be" hereunto so aq bead and
oftiaial Mal this r3'� day of 14170 19290
Mr 0amod dsisa Itacpixvaa Z�wLlk "
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LEGAL DESCRIPTION;
TRACT 1 Lot l2 and the NoNt 10 feet of Lot I1 Block 74 ORIGINAL
CITY OF LITTLE ROCK, Adeski County, Arkansas tr,'.
TRACT 2 The So-Zo feet of Lot I1 and all of Lot 10 Block,74ryf
ORIGINAL CITY OF LJUL ROCK; Puias141 County, Arkansas 1
EXHIBIT
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LEGAL DESCRIPTION;
TRACT 1 Lot l2 and the NoNt 10 feet of Lot I1 Block 74 ORIGINAL
CITY OF LITTLE ROCK, Adeski County, Arkansas tr,'.
TRACT 2 The So-Zo feet of Lot I1 and all of Lot 10 Block,74ryf
ORIGINAL CITY OF LJUL ROCK; Puias141 County, Arkansas 1
EXHIBIT
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CERTIFICATE._
' The undersigned, a reystemd Wbfic survey or hereby caMear Net W Tms suwy and the y
PMP-" dewdl don sat faM Wash m Mrs and cdtrad and prepared from n adlW oMM
ground survey of Me reel property shaver hereon: (B) such Wrwy wee WrICAraed by am
+ A=Ydms, or under his superAdw: (C) AO manerrrene aloem hereon aauelly add and the t
locedon sire and type dmstwW OwIldnm correctly shown; (D) That the property', ...
t description and pop atewn lergan Is a pert of and Wholly conuhed Wmern Me property, elewrl .
on and described in Nat cadein uaraY prepaed by me on Apra 9.2002,and Me" Mora era no
-. owdaps of or gaps ham the cedeon boundniee as slur, and deaMOed theme w (E) EIp�I_
as sham hereon. More em no enaoadenamsm m Me property of protrustone "We5om.',
Nam am no krmrc mm, on Na popery, and Nero em no dhaaperwink mNicts, stortapa. ,
N Me area or boundary IM contact (F) The stn, location and type of koploeernsnb era as -,',
shown hereon and all an located WMm Me bueldedes of Me property end set back from don,
Property ices he astwron kWkaW: (G) The distance from the rarest InternGng street a
road h as
shown: "The property has srceulo end from a pub0p readwey: (0 AO nmrdad
easement haw been mrecdy Matted Mena n: (.0 The baurdades. Onang", and oNer;y ,'.;
debts shown hereon em We and coned the properly survey has bean prepared In
toned wthledminhmnsorteddeWlmWiemanbmrlandwrveysfaaCleo A;.
1 ; Cr y: �' pplplllllp
t Donets W. Brooke �? 'STATE O'
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Ammon, Registered lend Su 1w No 5 G � NO
20820 Arch Street phe, [ E jy
HerWey AR 72065 (507)88168338 l 5 �0
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For use &benefit of. � 9rylnw"
Indudtiel Realty lluldingr, LLC k';
Chicago This Im man Company
Beech Abstma &OusrmtY Corepsoy -
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This property h eat in its IOO Yen Rood Flsin a per Panel 107 of 150 for Little Rack, Arkm .
Commodty Penal 60501810107 F. dated October 19, 2001 to Zone 7C
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Realty Holdings, LUC
Chicago 71tlelnsumnee Company,. .
Beach A6atmet& Guaranty Company
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Donald W. Brooks, Inc.'
:. AR Registered lend Survey9a,
20820 Arch Strwt Pike .;.
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Harley. AR 72065 ..
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