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HomeMy WebLinkAbout12522f N A f ORDINANCE NO. 12,522 AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE LEASE AGREEMENT EXECUTED BY THE CITY OF LITTLE ROCK; ARKANSAS TO EASTERN ASSOCIATED TERMINALS COMPANY DATED THE 11TH DAY OF SEPTEMBER, 1970 TO CORRECT AN ` ERROR IN DESCRIPTION AND DECLARING AN EMERGENCY. WHEREAS, by subsequent survey it has been determined that the description of the lands demised by that certain Lease Agreement dated the 11th day of September, 1970 wherein the City of Little Rock is Lessor and Eastern Associated Terminals Company is Lessee, is erroneous; and WHEREAS, it is desirable that the error be corrected by an Amendment to the said Lease Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. That the Mayor and City Clerk of the City of Little Rock, Arkansas be, and they are hereby, authorized to execute, acknowledge, and deliver on behalf of the City, Amendment to Lease Agreement in form substantially as follows: (Advice is'hereby given that a copy of the form of Amendment to Lease Agreement is on file in the office. of the City Clerk, and reference may be had thereto by any interested person.) Section 2. That there is hereby found and declared to be an immediate need for the securing and developing of substantial industrial operations in order to provide additional employment, alleviate unemployment and otherwise benefit the public health, safety. and welfare of the City and the inhabitants thereof, and the issuance of the bonds authorized hereby and the taking of the other action authorized herein are immediately necessary in connection with the securing and developing of substantial 0o D - E's ` e industrial operations and deriving the public benefits referred to above. IT IS, THEREFORE, declared that an emergency exists and this Ordinance being necessary for the immediate preservation of the public health, safety and welfare shall be in force and take effect immediately upon and after its passage. PASSED: July 19 , 1971. Vice Ma or (S E A L) AMENDMENT TO LEASE AGREEMENT This Amendment to Lease Agreement made and entered into this day of , 1971, by and between the CITY OF LITTLE ROCK, a City of the first class organized and existing under the laws of the State of Arkansas and EASTERN ASSOCIATED TERMINALS COMPANY, a corporation organized and existing under the laws of the State of Delaware, but authorized to do business in the State of Arkansas, and approved and accepted by the Port Authority of the City of Little Rock, WITNESSE.TH: That certain Lease Agreement dated the 11th day of September, 1970, wherein the City of Little Rock is Lessor and Eastern Associated Terminals Company is Lessee is hereby amended to correct the description of the premises therein demised to be as follows: Commencing at the Northwest corner of the North- west Quarter (NW -1/4), Section 15, Township 1 North, Range 11 West, run thence East 1858.35 feet to a point;.thence South 592.72 feet to a point on the boundary of the property leased by the Little Rock Port Authority to the operator of the Little Rock Port; thence along the boundary of said leased property South 31° 44' 56" West, 676.60 feet to a point; thence South 66° 15' 45" East, 758.68 feet to a point; thence North 23° 44' 15" East, 250.00 feet to a point; thence South 66° 15' 45" East, 150.00 feet to a point of beginning; run thence from the point of beginning North 23° 44' 15" East, • A 170.00 feet to a point; thence South 660 15' 45" East, 306.00 feet to a point; thence North 23° 44' 15" East, to the ordinary high water line of _the Arkansas River; thence Southeasterly along said ordinary high water line approximately 1300.00 feet to a point; thence South 38° 20' 50" West, 273.00 feet to a point; thence North 66° 15' 45" West, 1526.70 feet to a point, said point being on the South right -of -way line of Lindsey Road; thence North 23° 44' 15" East, 80 feet to the point of beginning, containing 10.3 acres, more or less, together with the exclusive use of all riparian rights connected with and appurtenant thereto, subject, however, to an easement over a 30 -foot strip of land adjacent to the South right -of -way line of Lindsey Road and the South right -of -way line of Lindsey Road Extended, from the South bank of the Arkansas River, 250 feet Southwesterly, and over a 30 -foot strip of land beginning at the inter- section of the South right -of -way line of Lindsey Road Extended, and the South bank of the Arkansas River and running Southeasterly along said South bank approximately 140 feet, and subject to any easement of record. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Lease Agreement to be signed by the duly authorized officials and officers as of the day and year first hereinabove written. ATTEST: (S E A L) City Clerk CITY OF LITTLE ROCK, ARKANSAS By: Mayor (Lessor) T ATTEST: Title: (S E A L) ATTEST: Title: (SEAL) STATE OF ARKANSAS ) ) ss COUNTY OF PULASKI ) EASTERN ASSOCIATED TERMINALS COMPANY By: Title: LITTLE ROCK PORT AUTHORITY By: Title: ACKNOWLEDGMENT On this day, before me, the undersigned, a Notary Public within-and for said County and State, duly commissioned, qualified and acting, appeared and to me well known, who stated that they are the Mayor and City Clerk, respectively of the CITY OF LITTLE ROCK, Arkansas, and that they are duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of the CITY OF LITTLE ROCK, Arkansas, and further stated and acknowledged that they have so signed, executed and delivered said foregoing instrument for the con- sideration, uses, and purposes therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of , 1971. My Commission will expire: (S EA L) Notary Public