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HomeMy WebLinkAbout135481 RESOLUTION NO. 13,548 2 3 A RESOLUTION TO AUTHORIZE THE CITY MANAGER, MAYOR 4 AND CITY CLERK TO EXECUTE ANY DOCUMENTS NECESSARY 5 AND TAKE OTHER ACTIONS NEEDED TO ACCEPT THE DONATION 6 OF 0.16 ACRES ON SOUTH SCHILLER STREET FROM TRUSTEES OF 7 THE ELLEN T. DAILEY ANNUAL GIFT TRUST; AND FOR OTHER 8 PURPOSES. 9 10 WHEREAS, Dalton J. Dailey, Jr., Stephanie Dailey Kelley and Kathleen Dailey Hightower, 11 Trustees of the Ellen T. Dailey Annual Gift Trust desire to donate to the City approximately .16 acres the 12 entity owns on South Schiller Street, and 13 WHEREAS, in late December 2011, at the City's direction, the property sought to be donated 14 was researched and a Phase I Environmental Site Assessment was conducted through ATOKA, Inc., 15 which stated that the site visit of the property revealed no readily obtained evidence of recognized 16 environmental conditions and no potential environmental concerns that would warrant additional 17 evaluation or action, and 18 WHEREAS, the subject acreage is planned to become a portion of the Arkansas River Trail to be 19 used as a part of the Rose Creek Wildlife Observation Trail for the public, and 20 WHEREAS, the Board of Directors has determined that the acquisition of the subject property 21 would be beneficial to the interests and welfare of the citizens of the City, and 22 WHEREAS, the Little Rock Board of Directors deems it appropriate to accept the donation of 23 0.16 acres on South Schiller Street, described as Lot 6, Block 7, Plunkett Second Addition to the City of 24 Little Rock, Pulaski County, Arkansas, from the Trustees of the Ellen T. Dailey Annual Gift Trust for 25 park purposes of constructing and maintaining a wildlife observation trail and for other possible future 26 park purposes. 27 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE 28 CITY OF LITTLE ROCK, ARKANSAS: 29 Section 1. The Board of Directors hereby authorizes the Mayor, the City Clerk, and the City 30 Manager to execute any documents necessary for the City to accept the donation by Dalton J. Dailey, Jr., 31 Stephanie Dailey Kelly and Kathleen Dailey Hightower, Trustees of the Ellen T. Dailey Annual Gift 32 Trust of 0.16 acres, more or less, on South Schiller Street that is more particularly described as Lot 6, 33 Block 7, Plunkett Second Addition to the City of Little Rock, Pulaski County, Arkansas. The City agrees [Pagel of 21 1 to pay all closing costs and fees in connection with the conveyance, including any taxes owing on the 2 property to be donated and the cost of any title insurance the City desires to have on the property. 3 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, 4 or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 5 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 6 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 7 resolution. 8 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent 9 with the provisions of this resolution, are hereby repealed to the extent of such inconsistency. 10 ADOPTED: August 7, 2012 11 ATTES APPROVED: 12 13- 14 us a y, City Clerk Dean Kunzwris, Vice Mayor 15 AP O AS TO LEGAL FORM: 16 17 18 Thomas M. Carpenter, City A t ne 19 H 20 H 21 H 22 H 23 H 24 H 25 H 26 H 27 H 28 H 29 H 30 H 31 H 32 H 33 H 34 H 35 H [Page 2 of 21