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ORDINANCE NO. 10,575
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR
AND THE CLERK OF THE CITY OF LITTLE ROCK, ARKANSAS,
TO, UPON CERTAIN CONDITIONS, EXECUTE AN INSTRUMENT
CONVEYING TO THE BOARD OF TRUSTEES OF THE UNIVERSITY
OF ARKANSAS CERTAIN LANDS AND PROPERTIES FOR THE PUR-
POSE OF OPERATING AND MAINTAINING THE GRADUATE INSTI-
TUTE OF TECHNOLOGY; AUTHORIZING AND DIRECTING THE
MAYOR AND CLERK OF THE CITY OF LITTLE ROCK, ARKANSAS,
TO, UPON CERTAIN CONDITIONS, EXECUTE AN INSTRUMENT
RELEASING THE ARKANSAS.STATE HIGHWAY COMMISSION FROM
ANY AND ALL DAMAGES BY REASON OF THE CONSTRUCTION OF
A HIGHWAY OR EXPRESSWAY IN THE EAST PORTION OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES.
WHEREAS, the Arkansas State Highway Commission has proposed
to construct a certain highway or expressway through and over a
part of the East portion of the City of Little Rock, Arkansas;
and
WHEREAS, the City of Little Rock, Arkansas, holds title to
certain lands located in the East portion of the City of Little
Rock, Arkansas, which property was formerly occupied by the
University of Arkansas Hospital, which property it proposes to
convey to the Board of Trustees of the University of Arkansas;
and
WHEREAS, the Board of Trustees of the University of Arkansas
desires to acquire the lands held by the City of Little Rock,
Arkansas, which lands were formerly occupied by the University
of Arkansas Hospital; and
WHEREAS, the Board of Trustees of the University of Arkansas
desires to acquire the lands above described for the purpose of
satisfying the requirements of Act Nos. 203 and 548 of the General
Assembly of the State of Arkansas for 1957 relating to the estab-
lishment of The Graduate Institute of Technology in the City of
Little Rock, Arkansas; and
WHEREAS, the Metropolitan Area Planning Commission of Pulaski
County, Arkansas, and the Arkansas State Highway Commission, co-
operating one with-another and with the City of Little Rock,
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Arkansas, and the Board of Trustees of the University of Arkansas,
have provided certain plans for the location of the highway or
expressway proposed to be constructed through the East portion of
the City of Little Rock, Arkansas, by the Arkansas State Highway
Commission, which plans provide for the location of said highway
or expressway in the close proximity of, but not over, but
traversing an area East of, the lands and properties held by the
City of Little Rock, Arkansas, above described; and
WHEREAS, the City of Little Rock, Arkansas, and the Board
of Trustees of the University of Arkansas desire to cooperate
with the Metropolitan Area Planning Commission of Pulaski County,
Arkansas, and the Arkansas State Highway Commission by releasing
the Arkansas State Highway Commission from certain damages that
it or they may sustain by reason of the close proximity of or
the lack of direct access to the highway or expressway proposed
to be constructed by the Arkansas State Highway Commission as
herein provided;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. That the Mayor and Clerk of the City of Little
Rock, Arkansas, are hereby authorized and directed to convey on
behalf of and in the name of the City of Little Rock, Arkansas,
to the Board of Trustees of the University of Arkansas the lands
and properties lying in Pulaski County, Arkansas, to -wit:
All of Block 12, MASONIC ADDITION to the City of
Little Rock, Pulaski County, Arkansas, and a strip
of land thirty feet in width the length of, adjacent
to and South of Block 12, MASONIC ADDITION to the
City of Little Rock, Pulaski County, Arkansas;
said conveyance to be in the following form, to -wit:
of Q U I T C L A I M D E E D
KNOW ALL MEN BY THESE PRESENTS:
That the City of Little Rock, Arkansas, by Woodrow W.
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Mann and W. C. Ware, Mayor and Clerk, respectively, for and in
consideration of the Board of Trustees of the University of
Arkansas locating within the City of Little Rock, Arkansas, The
Graduate Institute of Technology as authorized by Act Nos. 203
and 548 of the General Assembly of the State of Arkansas for
1957, does hereby convey, sell, alien and quitclaim unto the
said Board of Trustees of the University of Arkansas and unto
their successors forever all of the right, title and interest
of the City of Little Rock, Arkansas, subject to the reserva-
tions and restrictions hereinafter set out, in and to the follow-
ing lands lying and being situate in the County of Pulaski, State
of Arkansas, to -wit:
All of Block 12, MASONIC ADDITION to the City
of Little Rock, Pulaski County, Arkansas, and
a strip of land thirty feet in width the length
of, adjacent to and South of Block 12, MASONIC
ADDITION to the City of Little Rock, Pulaski
County, Arkansas.
it This conveyance is made, however, subject to the Board
of Trustees of the University of Arkansas, within a reasonable
period of time beginning the operation and maintenance within
the City of Little Rock, Arkansas, The Graduate Institute of
Technology as authorized by Act Nos. 203 and 548 of the General
Assembly of the State of Arkansas for 1957. Said property shall
be used or held for use for University of Arkansas purposes in
the City of Little Rock, Arkansas, or sold by the Board of
Trustees of the University of Arkansas pursuant to the terms as
hereinafter provided. Should said property be sold by the
grantees, the net proceeds of such sale shall be delivered to
a bank located in the City of Little Rock, Arkansas, which may
be acceptable to the City of Little Rock and the Board of
Trustees, as escrow agent. Thereafter, if, within twelve (12)
months following the sale of said property, the Board of Trustees
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shall furnish to the escrow agent an agreement which commits and
legally binds the grantee to use the proceeds of such sale for
University of Arkansas purposes in the City of Little Rock,
Arkansas, then the title to the proceeds of such sale shall vest
absolutely in the grantees for such use and the escrow agent
shall deliver same to the grantees. Provided, however, if-the
proceeds of such sale shall not be used by the grantees for
University of Arkansas purposes in the City of Little Rock,
Arkansas within twelve (12) months following the sale of said
property by the grantees, then the first $240,000 of the pro-
ceeds of such sale shall vest absolutely in the grantees and
the remaining sum shall vest absolutely in the City of Little
Rock, Arkansas. Provided further, that the party purchasing
the property above described from the grantees herein shall not
be required, after delivering the proceeds of such sale to the
escrow agent above named, to see to the application of the pro-
ceeds of such sale.
it TO HAVE AND TO HOLD the same unto the said Board of
Trustees of the University of Arkansas and unto their successors
forever, together with all and singular the tenaments, appurte-
nances and hereditaments thereunto belonging or in any wise
appertaining.
" IN TESTIMONY WHEREOF, we have hereunto set our hands
and.seals this day of , 1957.
" WOODROW W. MANN, MAYOR of the
City of Little Rock, Arkansas
" W. C. WARE, CLERK of the
City of Little Rock, Arkansas
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it A C K N O W L E D G M E N T
STATE OF ARKANSAS)
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COUNTY OF PULASKI)
On this day of , 1957, before me,
a Notary Public, duly commissioned, qualified and acting, within
and for said County and State, appeared in person the within
named Woodrow W. Mann and W. C. Ware, Mayor and Clerk of the
City of Little Rock, Arkansas, respectively, and who had been
designated by the City Council of the City of Little Rock,
Arkansas to execute the above instrument, to me personally well
known, who stated that they were the Mayor and Clerk of the
City of Little Rock, Arkansas, and were duly authorized in their
respective capacities 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 had so signed,
executed and delivered said foregoing instrument for the con-
sideration, uses and purposes therein mentioned and set forth.
it IN TESTIMONY WHEREOF, I have hereunto set my hand and
official seal this day of
I
My Commission expires:
n
1957.
NOTARY PUBLIC
SECTION 2. The Mayor and the Clerk of the City of Little
Rock, Arkansas are hereby authorized and directed on behalf and
in the name of the City of Little Rock, Arkansas, to execute an
instrument in such form required by the Arkansas State Highway
Commission releasing the Arkansas State Highway Commission from
damages accruing by reason of the construction or maintenance of
and lack of access to the proposed highway or expressway which
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shall be located in the close proximity to, but not over, the
property hereinabove described.
PROVIDED, HOWEVER, the Arkansas State Highway Commission
or its contractors are not granted any right to use any portion
of the above described property during the period of construction
or thereafter, and the right to institute claim for any damage
thereto is expressly reserved. And further, the plan referred
to contemplates that no part of this property will be physically
incorporated in the right -of -way for said expressway, so that
this release does not apply to the actual seizure of any portion
of said lands.
SECTION 3. The provisions of this Ordinance shall be con-
tingent upon the location by the Arkansas State Highway Commis-
sign of the highway or expressway proposed to be constructed
through the East portion of the City of Little Rock, Arkansas,
so as not to traverse the lands described in SECTION 1 hereof
or the lands presently occupied by MacArthur Park, and upon the
Board of Trustees of the University of Arkansas executing an in-
strument in such form required by the Arkansas State Highway Com-
mission releasing the Arkansas State Highway Commission from
damages accruing by reason of the construction or maintenance of
and lack of access to the proposed highway or expressway which
shall be located in the close proximity to, but not over, the
property hereinabove described and all other properties, title
to which is held by the said Board of Trustees of the University
of Arkansas, which property is located in the East portion of
the City of Little Rock, Arkansas.
SECTION 4. Ordinance No. 10562 and all other Ordinances
in conflict herewith are hereby repealed.
SECTION 5. WHEREAS, the City of Little Rock, Arkansas, will
clearly benefit by the operation and maintenance of The Graduate
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Institute of Technology in the City of Little Rock, Arkansas,
and by the construction of a highway or expressway through the
East portion of the City of Little Rock, Arkansas; and WHEREAS,
there exists an- extreme need for additional graduate education
and research in the State of Arkansas; and WHEREAS, traffic
conditions require the construction of additional highway or
expressway facilities in the City of Little Rock, Arkansas;
NOW, THEREFORE, it is hereby determined that an emergency exists
and this Ordinance, being necessary for the immediate preserva-
tion of the public peace, health, safety and welfare, shall be
in full force and effect from and after its passage and approval.
PASSED: July 8, 1957
ATTEST: APPROVED:
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City Clerk Mayor