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HomeMy WebLinkAbout11701N n b 0 a� a� ORDINANCE NO. 11,701 AN ORDINANCE AUTHORIZING THE DEDICATION OF CERTAIN LANDS IN THE SWk OF SECTION 339 TOWNSHIP 1 NORTH, RANGE 12 WEST, PULASKI COUNTY, ARKANSAS, FOR USE AS A PUBLIC STREET AND AS A PUBLIC DRAINAGE EASEMENT AND AUTHORIZING THE EXECUTION OF A CONMON BOUNDARY AGREEMENT WITH BUILDING DEVELOPMENT CORP. WHEREAS, the City of Little Rock, Arkansas, for the use and benefit of the Little Rock Municipal Water Works, is the owner of certain lands situated in the SWk of Section 33, Township 1 North, Range 12 West, Pulaski County, Arkansas; and WHEREAS, an adjoining property owner, Building Development Corp., wishes to construct a public street and a public drainage ditch upon small portions of said lands and wishes the strips necessary therefor to be dedicated as public easements; and WHEREAS, as partial consideration for said dedication, Building Development Corp. has paid to the Little Rock Municipal Water Works the sum of $2,000.00 and has delivered to the City of Little Rock, Arkansas, a quitclaim deed dated September 30, 1964, conveying to the City a tract of land more particularly described hereafter; and WHEREAS, the Board of Water Works Commissioners and the Board of Directors of the City of Little Rock have determined that the lands sought to be dedicated are not necessary for waterworks purposes and that the consideration offered therefor is fair and adequate; and WHEREAS, Building Development Corp. and the City of Little Rock now own lands abutting the Arkansas River which have a common boundary and, after the conveyances mentioned above, will still own lands abutting the Arkansas River which will have a common boundary; and WHEREAS, the Board of Water Works Commissioners and the Board of Directors of the City of Little Rock have determined that it will be to the advantage of the City to enter into an agreement with Building Development Corp. providing that, if the land of either is added to by accretion or avulsion because of the action of the Arkansas River, the extension of their common boundary into the area now occupied by the Arkansas River be agreed to in advance in order to eliminate the possibility of dispute and controversy concerning the location of said common boundary line; 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 Little Rock, Arkansas, be, and they are hereby, authorized and directed to execute a dedication deed on behalf of the City conveying to the public the easements upon the lands more particularly described hereafter, the easement first described to be used as a public street and the easement last described to be used as a public drainage easement: Parcel No. 1 - For use as a public street a tract of land described as follows: Commence at the Southeast corner of the SWk of Section 33, Township 1 North, Range 12 West, Pulaski County, Arkansas, and run thence North 369.04 feet to a point on the North right of way line of a county road, which is the point of beginning of the land herein described; thence North 130 feet; thence South 36 degrees 16 minutes West 126.9 feet to a point on the North right of way line of said county road; thence South 69 degrees 44 minutes East along said North right of way line 80 feet to the point of beginning; and Parcel No. 2 - For use as a public drainage easement_ a tract of land described as follows: Commence at the Southeast corner of the SWk of Section 330 Township 1 North, Range 12 West, Pulaski County, Arkansas, and run thence North along the East line thereof 561.34 feet to the point of beginning; thence North 149.7 feet; thence Southwesterly along the arc of a 120 foot radius curve - 2 - to the right, having an interior angle of 90 degrees, a distance of 188.5 feet; thence South 70 feet; thence Northeasterly along the arc of a 190 foot radius curve to the left, having an interior angle of 38 degrees 16 minutes, a distance of 126.9 feet to the point of beginning. SECTION 2. That, as consideration for the dedication described in Section 1 hereof, Building Development Corp. shall pay to the Little Rock Municipal Water Works the sum of $2,000.00 and shall convey to the City of Little Rock, Arkansas, for the use and benefit of the Little Rock Municipal Water Works, the following described lands: A tract of land in the SEk of Section 33, Township 1 North, Range 12 West, Pulaski County, Arkansas, being a part of the Industrial Subdivision (Tract 31, Worthen's Subdivision), more particularly described as: Starting at the Southwest corner of the SEk of said Section 33 and run thence North 624.04 feet to the point of beginning of the parcel of land herein described as: North 494 feet to a point; thence North 11 degrees 11 minutes East 65.7 feet to a point; thence North 150.7 feet to a concrete monument on the South bank of the Arkansas River; thence Southeasterly along said bank of river 117.0 feet, more or less, to a point; thence South 41 degrees 15 minutes West 75 feet, more or less, to the point of beginning of a curve; thence along an arc of a 145 foot radius curve whose chord distance is 93.0 feet and bearing South 19 degrees 15 minutes West to a point of tangency of said curve; thence South 482.5 feet to a point; thence West 2.0 feet to the point of beginning. As further consideration for the dedication by the City, the dedication deed shall provide that, as a condition of the conveyance, Building Development Corp. shall construct a drainage ditch upon the aforesaid drainage easement within sixty days from the date of conveyance, shall place riprap on each side thereof and, within the same period, shall fill the existing drainage ditch which lies South of the aforesaid drainage easement and compact the fill to such a degree that there shall be no sunken area after complete settlement. All of said work, - 3 - including the depth and width of the new drainage ditch, the quantity and quality of the riprap therein and the compaction of the old drainage ditch, shall be completed to the satisfaction of the Manager- Engineer of the Little Rock Municipal Water Works, failing which title to the lands so dedicated by the aforesaid deed of the City shall revert to the City of Little Rock, free and clear of said easements, without refund of any portion of the consideration paid. SECTION 3. That the Mayor and City Clerk of Little Rock, Arkansas, be, and they are hereby, authorized and directed to execute a common boundary agreement with Building Development Corp., the exact terms of which are set forth in the copy of said agreement which is attached to this ordinance and made a part hereof as fully as though set forth word for word. SECTION 4. That this ordinance shall take effect and be in force from and after its passage. PASSED: January 17, 1966 (Date) ATTEST: City Clerk APPROVED: - 4 - (7­14 fe�_ May ,<r�Y • ;ousxI UUyX� AGREEMENT ON COMMON BOUNDARY THIS AGREEMENT is entered into by the City of Little Rock, Arkansas, hereinafter called City, and Building Development Corp., hereinafter called Corporation. WHEREAS, the City is the owner of certain lands situated in the SWk and in the SEk of Section 33, the portion in j the SEk having been conveyed to the City by the Corporation; and WHEREAS, the Corporation is the owner of certain lands i ! situated in the SEk of Section 33, all landsreferred to herein being in Township 1 North, Range 12 West, Pulaski County, i Arkansas; Now, Therefore: IN CONSIDERATION of the execution of this agreement by the other, the parties hereby bind their aforesaid tracts of land, themselves and their successors and assigns as follows: i i The parties stipulate that the North boundary of their land is the Arkansas River and that action of the Arkansas River may cause additions, by accretion or avulsion, to lands of one or both of the parties hereto. It is stipulated that the East boundary of the City's land is the West boundary of the Corporation's land. If the lands of either are added to by accretion or avulsion because of the action of the Arkansas River, the parties f 1 agree that their common boundary with respect to such accretions or avulsions shall, nevertheless, be a line extending North degrees �� minutes East from the Northeast corner of the City's i property as it exists on this date. If requested by the other, either party will execute, acknowledge and deliver such additional 1 � i �i '. ao'-six i ' • A�rrr u.w documents as may be appropriate to carry out the intent of this agreement, THIS AGREEMENT shall become effective on the day of , 196, which date shall be inserted by the City and which date shall be the date on which this document is executed on behalf of the City. CITY OF LITTLE ROCK, ARKANSAS ATTEST: B M or City Clerk (Seal) BUILDING DEVELOPMENT CORP, ATTEST: By -= President Secretary (Seal) ouaR �,f ' C`ri J A lYrl �M( STATE OF ARKANSAS) )ss. COUNTY OF PULASKI) ACKNOWLEDGMENT On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, Harold E. Henson, Jr. and Pauline G. Beeson, Mayor and City Clerk, respectively, of the City of Little Rock, Arkansas, known to me to be the persons described in the foregoing instrument, and acknowledged that they had executed the same in the capacity therein stated and for the Purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal this _ day of 196. My comm. expires: Notary Public (Seal) l STATE OF ARKANSAS) )ss. COUNTY OF PULASKI) ACKNOWLEDGMENT On this day personally appeared before the undersigned, a ;Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, and Floyd H. Fulkerson to me personally well � known, who stated that they were the President and Secretary of Development Building g lopment Corp., an Arkansas corporation, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. IN WITNESS WHEREOF, I hereunto set my hand and official seal this day of 1961 My -comet; expires: Notary Public - 3 - THIS INSTRUMENT WAS PRF- ARED BY THOAlA,S J. B01jf4LR ATTOKNEY AT LAW PYRAMID LIFE SLQG. - LITTLE ROCK, ARK. �E �F �y: