HomeMy WebLinkAbout9997INV
ORDINANCE NO. 999?
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AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO ENTER INTO AND EXECUTE A CONTRACT WITH GUY A.
THOMPSON, TRUSTEE, MISSOURI PACIFIC RAILROAD COMPANY,
PROVIDING, AMONG OTHER THINGS FOR THE CITY TO FURNISH MATERIALS,
INSTRUMENTALITIES AND LABOR FOR GRADING A ROAD BED, DRAINAGE
OF TWO RELOCATED RAILROAD TRACKS, REINFORCED CONCRETE WALL AND
CYCLONE TYPE FENCE AT SPECIFIED POINTS; THE CITY AGREES TO
EXECUTE AN EASEMENT TO THE MISSOURI PACIFIC RAILROAD COMPANY
TO PLACE A MANHOLE IN THE RIVERPRONT DRIVE RIGHT-OF-WAY AND
PAY THE COST OF ADJUSTING AND RELOCATING MANHOLES AND CONDUITS
OF THE WESTERN UNION TELEGRAPH LINES IN ORDER TO CLEAR THE
RIGHT- 4W"4l'AY FOR THE RIVSRI+80NT DRIVE: PROVIDING FOR THE
BAKLRQAD COMPANY AGREEING TO PERMIT THE CITY OF LITTLE ROCK
TO ENTER UPON CERTAIN LANDS OF THE COMPANY DURING CONSTRUCTION
OF THE RIVERFRONT DRIVE: THE COMPANY AGREEING TO RELOCATE 2
MAIN TRACES, RELOCATE CONDUITS OF I STERN UNION LINES AND
AGREEING TO CONVEY TO THE CITY OF LITTLE ROCK A PART OF BLOCK
186, NORTHERLY PORTION OF BLOCK 80 AND A PART OF BLOCK 34, ALL
IN THE ORIGINAL CITY OF LITTLE ROCK; DEFINING THE WORDS OXUaBIT 'A'"
AND"EXHIBIT 'B'" AS USED THEREIN; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. That the Mayor and City Clerk are hereby authorized
and directed to enter into and execute a contract with Guy A. Thompson,
Trustee, Missouri Pacific Railroad Company whereby the City of Little
Rock, Arkansas, will furnish materials, instrumentalities and labor
for grading a road bed, drainage of two relocated railroad tracks,
reinforced concrete wall and cyclone type fence at specified points;
the city agrees to execute an easement to the Missouri Pacific Railroad
Company to place a manhole in the Riverfront Drive Right -of -way and to pay
the cost of adjusting and relocating manholes and conduits of the Western
Union Telegraph lines in order to clear the right- of-way for the Riverfront
Drive; and whereby the railroad company agrees to permit the City of
Little Rock to enter upon certain lands of the company during construction
of the Riverfront Drive; the company agreeing to relocate 2 main tracks,
relocate conduits of Western Union lines and agreeing to convey to the
City of Little Rock a part of Block 1862, Northerly portion of Block 80
and a part of Block 34, all in the ORIGINAL CITY OF LITTLE ROCK.
SECTION 2. That the definition of "Exhibit 'A' ", as used in the
contract, the form of which is hereinafter set out, as it pertains to
this contract, is a warranty deed by the City of Little Rock, Arkansas to
Guy A. Thompson, Trustee, Missouri Pacific Railroad Company, Dabber,
dated August 1, 1955, recorded in Deed Book No. 578 at page 405 of the
following described lands in Pulaski County, Arkansas, to-wit:
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WARRANTY DEED
Municipal Corporation
KNOW ALL MEN BY THESE PRESENTS:
That the City of Little Rock, Arkansas, a municipal corporation,
organized and existing under and by virtue of the laws of the State of
Arkansas, by its Mayor and City Clerk, duly authorized by Ordinance No.
9871 of the City of Little Rock, Arkansas, duly passed by the City
Council of the City of Little Rock, Arkansas on the lot day of August,
1955, for and in consideration of the sun cif One Dollar ($1.00) and
other good and valuable consideration, and paid Guy acA. Tho son
Trustee, Missouri Pacific Railroad Company, Debtor r# the adequacy and
receipt of which are hereby acknowledged, does grant, bargain, sell
and convey unto the said Guy A. Thompson, Trustee, Missouri Pacific
Railroad Company, Debtor, and unto his successors and assigns forever,
the following described land, situate in the City of Little Rock,
in the County of Pulaski, State of Arkansas, to -wit:
From the intersecting South line of Water Street
measure northwardly along the East line of Main Street,
30.31 feet for the point of beginning; thence northwardly,
along the East line of Main Street 33.58 feet; thence south-
eestwardly, on a curve to the left with a radius of 1518
feet, the tangent to the curve having a deflection of 94
degrees and 8 minutes to the right, 35.50 feet; thence north -
wardly, normal to the curve at the end of last described
course, 7.10 feet; thence eastwardly, on a straight line,
269.73feet, more or less, to a point in the center of Scott
Street produced and 65.75 feet north of the south line of
Water Street; thence eastwardly, on a straight lime, 330.73
foot more or less to a point in the west line of Cumberland
Street; thence southwardly along the west lino of Cumberland
Street 45.75 feet to the south line of Water Street and to
the northeast corner of Block 34 of the original City of
Little Rock; thence westwardly, along the north line of
said Block 34, 300 feet more or less to the northwest corner
of said Block; thence northwestwardly to a point in the west
line of Scott Street produced which is 14 feet north of the
south line of 'Mater Street, 61.61 feet; thence westwardly
on a straight line 275,48 feet more or less to the point of
beginning. Containing 32,285 square feet, more or less.
A strip of right of way being 10 feet to the South (right)
and 23.5 feet to the North (left), distances measured normal
to the following center line, for a total width of 33.5 feet,
from the West line of Spring Street to the East line of Main
Street, Little Rock, Arkansas; said center line being described
as follows:
Beginning at a point on the West line of Spring Street
and 177.41 feet North of the southeast corner of Block 186
(which is on the North line of Garland Street); thence souti..L.-
eastwardly, along a 5 degree curve to the right and which curve's
tangent forms an angle of 740 27' from the said West line of
Spring Street in the southeast quadrant, a distance of 95.13
feet to point of tangent (end of curve); thence continue
southeastwardlty by a straight line, tangent off last described
curve, 159.50 feet to a point on the northerly extension of the
Bast line of Conway Street, and which point is 152.16 feet North
of the South line of Garland Street aeasured along said northerly
extension; thence continue along said straight line, 66.93 feet
to the point of curve (beginning) of 60 24' curve to the left;
thence eestwardly along the curve 372.71 feet to point of tangent
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(end of curve); thence northeastwardly, by a straight line,
tangent off last described curve, 66.20 feet to the point of
curve (beginning) of 5 °31 30" curve to the right; thence east -
wardly, along said curve, 250.25 feet to point of tangent (end
of curve); thence southeastwardly, tangent to last described
curve, 65.35 feet to point of curve (beginning) of 30 431 curve to
the left; thence 31.35 feet eastwardly along said curve to the
West line of Main Street; thence continue eastwardly, along said
curve, 105.65 feet to the intersection of the East line of Main
Street, said line being 25 feet East of and parallel to the
original East line of Main Street and 40.33 feet North of South
line of Water Street. Containing 40,638 square feet, more or
less.
Also an additional parcel of property to the North of, and
adjoining the above described 33.5 feet right of way between the
West line of Spring Street and Ashley Street, more particularly
described as follows:
Beginning at a point on the West line of Spring Street
which is 201.80 feet North of the Southeast corner of Block
186 (which is on the North line of Garland Street); thence north -
wardly, along the West line of Spring Street, 10.21 feet; thence
southeastwardly, on a deflection angle of 105023' to the right,
66.71 feet to a point 12.10 feet North of the above identified
33.5 foot right of way, and measured normally thereto; thence
southeastwardly, in a straight line, 148,42 feet to a point
11.31 feet similarly North of said right of way line; thence
southeastwardly, in a straight line, 119.50 feet to a point
15.50 feet similarly North of said right of way line; thence
southeastwardly, in a straight line, 45.08 feet to a point 14.017
feet similarly north of said right of way line; thence north-
wardly on a deflection angle of 900 to the left, a distance of
1.08 feet; thence southeastwardly in a straight line 25.08 feet
to a point 14.37 feet similarly north of said right of way line;
thence goutheastwordly in a straight line, 6.33 feet to a point
14.90 feet similarly north of said right of way line, thence
southeastwardly, in a straight line, 3345 feet to a point 11.00
feet similarly north of said right of way line; thence south-
wardly, 11.00 feet to the said right of way line and measured
normally thereto; thence northwestwardly 443.61 feet more or
less along the said right of way line, to the point of beginning;
containing 6,059 square feet, more or less.
TO HAVE AND TO HOLD the same unto the said Guy A. Thompson, Trustee,
Missouri Pacific Railroad Company, Debtor, and unto his successors and
assigns forever, with all appurtenances thereunto belonging.
And City of Little Rock, Arkansas hereby covenants with the said Guy
A. Thompson, Trustee, Missouri Pacific Railroad Company, Debtor, that it
will forever warrant and defend the title to said lands against all
claims whatever.
IN TESTIMONY 1HERBOF, the name of the grantor is hereunto affixed
by its Mayor, and its seal affixed by its City Clerk this lot day of
August, 1955-
Attest:
Le W. C. Ware
. C. Ware, City lerk
STATE OF ARKANSAS)
) 88
COUNTY OF PULASKI)
CITY OF LITTLE ROCK, ARKANSAS
By /s/ Pratt C. Rommel
Pratt C. Rommel, Mayor
ACRNCWLEDGIIENT
(SEAL)
On this 1st day of August, 1955 before the undersigned, a Notary
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Public duly commissioned, qualified and acting, within and for the
said County and State, appeared in person the within named Pratt C.
Rommel and W. C. Ware, to me personally well known, who stated that
they were the Mayor and City Clerk, respectively, of the City of Little
Rock, Arkansas, a municipal corporation, and were duly authorized
in their respective capacities to execute the foregoing instrument for
and in the name and behalf of said municipal corporation, and further
stated and acknowledged that they had so signed, executed and delivered
said foregoing instrument for the consideration, uses and purposes
therein mentioned and set forth.
In testimony whereof I have hereunto set my hand and official
seal this.lst day of August, 1955•
/s/ E. Harrison
Notary KUM
My Commission Expires:
y Commission Expires April 29, 1957
SEAL
SECTION 3. That the definition of 'Exhibit 'Blu as used in the
contract, the form of which is hereinafter set out, as it pertains
to this contract, is a certified copy of a motion in the United States
District Court for the Eastern District of Missouri by the Trustee of
the Missouri Pacific Railroad Company, debtor, for authority to relocate
certain tracks in Little Rock on account of construction of Riverfront
Drive, filed August 11, 19550 and certified copy of Order of such
Court authorizing Trustee to relocate certain tracks in Little Rock on
account of construction of Riverfront Drive, filed August 11, 1955, which
is as follows, to -wit:
Motion No. 4605
IN THE
DISTRICT COURT OF THE UNITED STATES
Eastern Division, Eastern Judicial
District of Missouri
No. 6935
In the Matter of
MISSOURI PACIFIC RAILROAD COMPANY, ) In Proceedings for the Reorganization
of a Railroad.
Debtor.
MOTION
OF TRUSTEE FOR AUTHORITY TO RELOCATE
CERTAIN TRACKS IN LITTLE ROCK ACCOUNT
CONSTRUCTION OF RIVER FRONT DRIVE.
Comes now Guy A. Thompson, Trustee, Missouri Pacific Railroad
Company, Debtor, and presents to the Court:
The Arkansas Highway Department, in cooperation with the Federal
Bureau of Roads and the City of Little Rock, proposes to construct
a River Front Drive which will necessitate the relocation of certain
Missouri Pacific tracks along Water Street between Ashley and Cumberland
Streets in the City of Little Rock, The State Highway Department and the
City will --
(a) Purchase from Missouri Pacific trust estate, at a unit appraised
value of $10,782.77, four certain parcels of non- carrier land, herein-
after more particularly described;
(b) burnish without cost to the Railroad the right of way required
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for railroad tracks and facilities in the new location, comprised of
three separate tracts, one consisting of 32,285 square feet, more or
less; one consisting of 40,638 square feet, more or less] and the
third consisting of 6,059 square feet, more or less; the conveyance of
said property to be in form satisfactory to Trustee; and
(c) Perform the grading necessary to construct roadbed for the
tracks and facilities in the new location; provide necessary drainage
structures; adjust the Western Union manholes; and adjust any conduit lines
made necessary by the construction of the pier at Main Street Bridge.
The four tracts of land to be conveyed by Trustee to the City of
Little Rock, free of existing mortgage liens, are described as follows:
1. Part of Block 186, Original City of Little Rock,
Arkansas, more particularly described as follows:
Beginning at a point on the West line of Block 186,
original City of Little Rock, which is 196 feet North of the
southwest corner of Block 186; thence in a straight line a
distance of 305.2 feet to the point on the East line of Block
186, which is 143 feet North of the southeast corner of Block 186;
thence North along the East line of Block 186 a distance of 19.02
feet; thence on a deflection angle of 74 degrees 46 minutes to the
left, a distance of 50.65 feet; thence on a deflection angle of
7 degrees 21 minutes to the left, a distance of 320.25 feet; thence
on a deflection angle of 5 degrees 44 minutes to the left, a distance
of 142.54 feet to the point of beginning; containing 4,869 square
feet, more or less.
2. The northerly portion of Block 80, original City of
Little Rock, Arkansas, described as follows:
The North 15-feet of Lots 1p 2 and 32 Block 80, being
a 151 x 120' parcels containing 1,800 square feet, more or less.
3. A right of way as conveyed by Thos. R. Welch to the
Cairo And Fulton Railroad and recorded in Book Y 2 at page 574,
being 50 feet wide, the center of which being the middle of the
track as constructed, in Pulaski County, Arkansas, more
particularly described as through Block number 79 of the City
of Little Rock, along the bank of the Arkansas River, excepting
that part conveyed to Marion Hotel Garage Company by deed dated
December 12, 1950.
4. A parcel of land in the NJ of Block-34, original City
of Little Rock, Arkansas, more particularly described as follows:
Commencing at the point on the East line of Lot 1 which
it 85 feet South of the northeast corner of Lot 1; thence West
parallel to the North line of Lot 1, 38.2 feet to the point of
beginning; thence northwesterly in a straight line to the
point on the West line of Lot 1 which is 82.5 feet South of the
northwest corner of Lot 1; thence northwesterly in a straight
-line to the point on the West line of Lot 6 which is 8.5
feet south of the northwest corker of Lot 6; thence South
along the West line of Lot 6, 11.5 feet; thence southeasterly
in a straight line to the point on the East line of Lot 5
which is 42 feet South of the northeast corner of Lot 5;
thence southeasterly in a straight line to the point on the
East line of Lot 3 which is 85 feet South of the northeast
corner of Lot 3; thence East parallel to the North line of
Lots 2 and 1 to the point of beginning. Containing 2041 square
feet, more or less.
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The cost of the rearrangement of the tracks and appurtenances
to be borne by Trustee is estimated at $23,915, of which $9,100 will
be chargeable to R. & E.
Trustee is advised and believes that the relocation of said
tracks is necessary and reasonable; that the land proposed to be
released and conveyed is not needed for railroad purposes; that
I. C. C. approval is not required; and that the transaction is in
the interest of the trust estate and in the public interest.
1UEREFORE, Trustee respectfully requests authority to carry
out the aforesaid relocation of its river front tracks along Water
Street in Little Rock, as aforesaid, and for authority to convey to
the City the four tracts of land hereinabove described by metes and
bounds, for the consideration specified, free from the liens of exist-
ing mortgages, the liens of said mortgages, in the order of their
priority, to follow the new right of way and the track.
_ /s/ Gu? A. Thomson
TRUSTEE.,
MISSOURI PACIFIC RAILROAD COMPANY, DEBTOR.
/S/ Russell L. Dearmont
COUNSEL FOR TRUSM-
UNITED STATES OF AMERICA
EASTERN JUDICIAL DISTRICT OF MISSOURI
CITY OF ST. LOUIS
Guy A. Thompson, being duly swora, states that he had read the
foregoing Notion, and that the facts stated therein, are true, as he
verily believes.
/s/ Gyy A. Thompson
Subscribed and swore to before me this 3rd day d August, 1955.
My commission expires: Sept. 28, 1958.
/s/ R. C. Mason NOTARY PUBLIC
Order No. 11605
IN THE
DISTRICT COURT Cyr' THE UNITED STATES
Eastern Division, Eastern Judicial
District of Missouri
No. 6935
In the Matter of )
In Proceedings for
MISSOURI PACIFIC RAILROAD COMPANY,) the Reorganization
of a Railroad.
Debtor )
ORDER
AUTHORCZING TRUSTEE TO RELOCATE
CERTAIN TRACKS IN LITTLE RACK ACCOUNT
CONSTRUCTION OF RIVER FRONT DRIVE
The Court having considered motion of (buy A. Thompson, Trustee,
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Missouri Pacific Railroad Company, Debtor, for authority to relocate certain
Missouri Pacific tracks in the City of Little Rock made necessary by the
construction of River Front Drive, which relocation contemplates the
transfer to the City of the four parcels of land described by metes and
bounds in Trustee's motion; for a consideration of $10,872.77, and the
transfer to Trustee rd thout cost by the City of three parcels of land and
the grading thereof for the relocation of Missouri Pacific tracks; and it
appearing that parties in interest have been notified of the presentation
of Trustee's motion; that the relocation of said tracks is made necessary
by reason of the development of River Front Drive; that with the new right
of way furnished Trustee the land to be conveyed by Trustee to the City
will not longer be needed for railroad purposes; that no authority of the
Interstate Commerce Commission is required, and that said transaction is in
the public interest and in the interest of Missouri Pacific trust estate;
NOWj IT IS ACCORDINGLY ORDERED that Trustee be and he hereby is
authorized to carry out the relocation of said tracks, and for the
consideration referred to in Trustee's motion to convey to the City, by
quit —claim or special warranty deed, the four parcels of land described
by mutes and bounds in Trustee's motion, free from the liens of existing
mortgages, the liens of said mortgages, in the order of their priority,
to follow the new right of way and the relocated tracks*
090•=
KO O *4D1 1-1"WN4D— ;m0%r A (ii V0i10
UNITED STATES OF AMERICA )
EASTERN DISTRICT OF MISSOURI)SS
Is James J. O'Connor, Clerk of the United States District Court for
the Eastern District of Missouri, do hereby certify that the annexed and
foregoing is a true and full copy of the original MOTION (Motion No. 11605),
of Trustee for Authority to Relocate Certain Tracks in Little Rock'Account
Construction of 'River Front Drive, filed August 11, 1955 and ORDER (Order
No. 4605), Authorising Trustee to Relocate Certain Tracks in Little Rock
Account Construction of River Front Drive, filed August 11, 1955, In the
Matter of MISSOURI PACIFIC PJLILROAD COMPANY, Debtor, In Proceedings for the
Reorganization of a Railroad, No. 6935, and now remaining among the records
of the said Court in sr office*
IN TE,STIMONY'OF, I have hereunto subscribed my name and affixed
the seal of the aforesaid Court at St. Louis, Missouri, this 11th day of
August, A.D. 1955.
James J. O'Connor
Clerk
By.
Deputy Clerk
SEAL
SECTION 4. That the easement referred to in Article Is Section 3 of
the contract covers the following described lands:
From the southeasterly intersectioncf Main and Water Streets,
measuring northwardly along the East line of Main Street
produced 18 feet, thence westwardly at right angles 9 feet for
a point of beginning, thence northeastwardly 13 feet, more
or less, to a point in the proposed southerly right of way
(as set out in the exchangd of properties), said point being
8 feet distant westwardly from the East line of Main Street
produced, thence northwestwardly along said right of may line
7 feet, thence southwestwardly normal to last described course
13 feet, thence southeastwardly 7 feet to the point of beginning,
containing 91 agw9 feet, more or less.
7 -a
The form of this lease shall be as follows, to -wit:
STATE OF ARKANSAS)
) ss
COUNTY OF PULASKI)
E A S E M E N T
That the City of Little Rock, Arkansas, by its Mayor and City Clerk,
pursuant to the authority contained in Ordinance No. , duly passed
by the City Council of Little Rock, Arkansas, on the day of January,
1956, approved by the Mayor of the City of Little Rock, for and in con-
sideration of the terms of an agreement contained in said Ordinance No.
and other good and valuable consideration, the receipt of which is
hereby acknowledged, do hereby grant, convey, sell and quitclaim unto
the said Guy A. Thompson, Trustee, Missouri Pacific Railroad Company,
Debtor, and unto its successors and assigns forever a perpetual easement
on, over and across the following lands situated in Pulaski County,
Arkansas, to -wit:
From the Southeasterly intersection of Main and Water Street,
measure Northwardly, along the East line of Main Street, produced,
18 feet; thence Westwardly at right angles, 9 feet for a point of
beginning; thence Northeastwardly 13 feet more or less to a point
in the proposed Southerly right -of -way (as set out in the exchange
of properties) said point being 8 feet distant Westwardly from the
East line of Main Street produced; thence Northwestwardly, along
said right -of -way line 7 feet; thence Southwestwardly, normal to
last described course, 13 feet; thence Southeastwardly 7 feet, to the
point of beginning; containing 91 square feet, more or less.
The purpose of this easement is for the construction and maintenance
of the underground conduits of the Western Union Telegraph lines, the
relocation of which was necessary in the construction of the Riverfront
Drive.
To have and to hold the same unto the said grantee, its successors
and assigns forever, with all appurtenances thereunto belonging.
IN TESTIMONY Whereof, the name of the City of Little Rock, Arkansas,
is hereunto affixed by its Mayor and its seal affixed by its City Clerk,
this day of January, 1956.
• LITTLE ROCKs ARKANSAS
.� Ar 1
By
Mayor
City Cleric
STATE OF ARKANSAS)
COUNTY OF PULASKI) ss
ACKNOWLEDGMENT
On this, the day of January, 1956, before me, the undersigned
officer, personally appeared Woodrow W. Mann and W. C. Ware, 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 executed the same in the capacity therein stated and for the pur-
poses therein contained.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission Expires:
SECTION 5. The form of this contract shall be as follows, to -grit:
"THIS AGREEMENT, entered into this day of , 1956s
by and between GUY A. THOMPSON, TRUSTEE, MISSOURI PACIFIC RAILROAD
COMPANY, DEBTOR, As Trustee and not individually, herein referred
to as "Trustee ", and the CITY OF LITTLE ROCK, ARKANSAS, a Municipal
Corporation, herein called "City", WITNESSETH:
"RECITALS:
City, cooperating with the Arkansas Highway Department, and the
Federal Bureau of Roads, proposes to construct, in the City of
Little Rock, a trafficway, herein called "River Front Drive ",
which will necessitate, among other things, the relocation of
Trustee's two main tracks which now occupy a portion of Dater
Street between Ashley and Cumberland Streets, approximately where
shown by solid red lines on white print, File No. J-3059-B# dated
May 31, 1955, as last revised December 7, 1955s prepared in the
Office of Chief Engineer, Missouri Pacific Railroad System, St.
Louis, Missouri, marked Exhibit "A" attached hereto as part hereof.
It is understood that the project is to be financed from funds
appropriated by the United States and expended under its regulations;
that all plans, estimates of cost, specifications, awards of contracts,
acceptance of work and procedure in general are subject at all times
to all Federal laws, rules, regulations, orders and approvals apply-
ing to it as a Federal Project; and items entering into the in-
stallation are reimbursable in such amounts and forms as are
?roper and eligible under the requirements of Policy and Procedure
memorandum No. 30-3-
City has conveyed to Trustee certain parcels of land located
approximately where shown by green shading on Exhibit "A", and
more particulwly described in that certain warranty deed dated
August 1, 19550 recorded August 10, 1955s in Book 578 at Page
in the Office of Register of Deeds, Pulaski County, Arkansas,
to be used as site for Trustee's two main tracks to be relocated.
In consideration of the conveyance by City to Trustee referred
to in the next preceding paragraph of these Recitals and of the
performance by City of City's covenants hereafter in this agree-
ment expressed, Trustee, pursuant to Motion and Order No. 4605,
filed August 11, 1955, of the United States District Court for the
Eastern District of Missouri, Eastern Division, in proceedings
under Section 77 of the Bankruptcy Act entitled "In the Matter of
Missouri Pacific Railroad Company, Debtor, in Proceedings for the
Reorganization of a Railroad, No. 6935 "s has been authorized to
convey to City the Trustee's interest in certain parcels of land
located approximately where shown by yellow and green shadings on
white print File No. J-3059-Bs dated May 31, 1955s as last
revised June 21, 1955, prepared in the Office of Chief Engineer,
Missouri Pacific Railroad System, St. Louis, Missouri, marked
Exhibit "B", attached hereto as part hereof.
The parties hereto desire to set forth in writing the agree-
ment reached between them with respect to the matters set forth
in these Recitals and related matters*
NOW., THEREFCRE, in consideration of the premises, the parties
hereto agree as follows:
ARTICLE I
1. In consideration of the covenants and agreements of
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Trustee as contained in Article II hereof, the City:
(A) furnishing or causing to be furnished necessary
materials, instrumentalities and appurtenances and
performing or causing to be performed, the necessary
grading and other work, shall provide complete in place,
without cost to Trustee and at City's sole responsibility,
a roadbed to be used and maintained by Trustee on which to
construct Trustee's two main tracks and appurtenant facilities,
to be located approximately where shown by solid orange lines
on Exhibit "A ", on those parcels of land conveyed to Trustee
by City as set forth in the Recitals hereto, and shown in
green shading on Exhibit "A";
(B) furnishing or causing to be furnished necessary
materials, instrumentalities and appurtenances and perform-
ing or causing to be performed the necessary labor, shall
provide and keep in place, without cost to Trustee and at
City's sole responsibility, all drainage structures required
for adequate and proper drainage of Trustee's two relocated
main tracks;
(C) shall pay to Trustee the cost, as defined in
Article IV hereof, to Trustee of adjusting or causing to be
adjusted (1) the manholes appurtenant to the underground
conduit line of the Western Union Telegraph Company (herein-
after called "Western Union ") and (2) the underground conduit
line of Western Union as provided in subparagraph (c) of
Article II hereof, shown by broken blue line and blue dots
on Exhibit "A ", where any such adjustment is made necessary
to conform to the plans for the construction of River Front
Drive;
(D) twmighing or causing to be furnished necessary
materials and performing or causing to be performed the
necessary labor, shall construct, at City's sole cost and
responsibility, a reinforced concrete retaining wall to be
located approximately where shown by black line and
appropriate legend on Exhibits "A" and "B ", along the
northerly side of the proposed River Front Drive and
adjacent to Trustee's relocated south main track,
commencing at the point of its intersection with the
northerly prolongation of the westerly line of Ashley
Street and extending to the westerly line of Cumberland
Street, said retaining wall to have a horizontal clearance
of not less than 10 feet from, and measured normal to,
the center line of Trustee's relocated south main track;
said retaining wall to have a height of not less than three
feet above the elevation of the pavement of said River Front
Drive and to be constructed with a rounded top to prevent
walking thereon.
(E) furnishing or causing to be furnished the necessary
materials and performing or causing to be performed the
necessary labor, shall construct at City's sole cost and
responsibility (1) a cyclone type fence having a height of
not less than 6 feet along the northerly line of the parcels
of land conveyed by the City to the Trustee where shown by
appropriate legend and symbol on Exhibit "A"; and (2) a
cyclone type fence having a height of not less than 6 feet
along the easterly line of Main Street where shown by
appropriate legend and symbol on Exhibit "A" extending
northwardly from the northerly line of said property
conveyed to Trustee by City to the bank of the Arkansas
River.
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2. The work to be performed by or for the City in connection with
the undertakings of the City in Section 1 of this Article I shall be
performed in accordance with detailed plans and specifications to be
prepared by the City and approved in writing by the Trustee's Chief
Engineer, and the materials, instrumentalities and appurtenances to be
furnished by or for the City in connection with said undertakings shall
conform to the requirements of the Trustee as made known from time to
time. Said work shall be commenced pronptly following the approval of
said plans and shall be performed with diligence and in a workmanlike
manner until completed.
3. City shall execute in favor
simultaneously with the execution an d
permanent easement in and to so mob
required as site for Western Union's
appurtenant manholes as provided for
ARTICLE II
of, and deliver to, Trustee,
delivery of this agreement, a
of City's property, as shall be
underground conduit line and
in Section 1 of this Article I.
1. In consideration of the covenants and agreements of City
as contained in Article I hereof, Trustee:
(A) hereby grants to City, permission and license
for City's employes, agent and contractors, and the
employes of any such contractors, to enter and be upon
the parcels of land conveyed to Trustee by City, as
referred to in Recitals and Section 1(a) of Article I
hereof, for the purpose of performing, or causing to be
performed, the grading, and providing or causing to be
provided, the roadbed and drainage structures as set forth
in Section 1(A) and (B), incident to Trustee's relocation
of Trustee's two main tracks;
(B) shall, at Trustee's sole cost;
(1) remove from their present location, Trustee's two
main tracks (shown by red lines on Exhibit "A ") and re-
locate same on said roadbed approximately where shown by
orange lines on Exhibit "A";
(2) remove from their present location (where shown on
Exhibit "A" by appropriate legend and symbol) appurtenances
to said two main tracks, including but not limited to signals,
public road crossing and crossing protection therefor, and
relocate said appurtenances where required incident to the
relocation of said two main tracks;
(C) shall relocate and /or adjust or cause to be re-
located and/or adjusted Western Union's underground conduit
line and appurtenant manholes approximately as shown by
broken blue lines and dots on Exhibit "A "; and
(D) pursuant to the authority contained in said Motion
and Order No. 46059 filed August 11, 1955, of the United
States District Court, referred to in Recitals shall,
simultaneously with the execution of this agreement, by
quit claim deeds, convey to City the following:
(1) without cost to City, the estate of Trustee
in a tract of land situated along the northerly
line of Block 79, between Louisiana dnd Main
Streets, said estate of the Trustee in said
tract of land being more particularly described
in said Motion and Order No. 4605, and the
approximate location of said tract of land
being shown by green shading on Exhibit "B".
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(2) for the sum of $10,782.77, to be paid by City to
Trustee upon delivery of quit claim deeds therefor,
the following three tracts of land:
(a) a part of Block 186;
(b) the northerly portion of Block 80; and
(c) a part of Block 34;
each of said tracts of land being more particularly described in said.
Notion and Order No. 4605 and the approximate location of each thereof
being shown by yellow shading on Exhibit "B ".
2. The adjustment of Western Union conduit line and appurtenant
manholes referred to in subparagraph (C) of Section 1 of this Article II
shall be in accordance with plans to be furnished by City and approved in
writing by Western Union's and Trustee's authorized representatives.
ARTICLE III
City shall, without cost to Trustee, cause its contractor to
procure and keep effective during such time as the work to be
performed by City or which City will cause to be performed, as described
in Section 1 of Article I hereof, is being performed as therein provided,
Workmen's Compensation insurance, Public Liability insurance and Property
Damage insurance, covering liability incurred by City's contractor in
connection with the performance of the said work, and contractor shall
deliver to Trustee's Chief Engineer certified copies of the policies
herein required; said policies to be in such form and for such amounts
as shall be satisfactory to Trustee
ARTICLE IV
The cost which the City agrees to pay to Trustee for work performed
in connection with the Western Union Conduit line, as provided for in sub -
paragraph (C) of Section 1, of Article I hereof, shall include the cost of
all labor, materials, supervision, accounting, transportation, vacation,
holiday and health and welfare allowances of employees engaged in such work
and all other items of expense properly entering into the work as may be
applicable for reimbursement under the requirements of Policy and Procedure
Memorandum No. 30-3.
ARTICLE CLE V
Covenants herein shall inure to and bind the successors and assigns
of the parties hereto.
City shall cause Trustee's original hereof, when delivered executed
by City to be accompanied by a certified copy of such Resolution or
Ordinance as, passed or approved as by law prescribed, shall make this a
valid agreement of City.
IN WITNESS YVMEOF, the parties hereto have caused this agreement to be
duly executed as of the day and year first herein written.
GUY A THOMPSON, TRUSTEE, MISSOURI
WITNESSES: PACIFIC RAILROAD COMPANY, DEBTOR.
BY..
Chief Oper ating Officer
ATTEST: CITY OF LITTLE ROCK
BY
City Clerk Mayor.
SECTION 6. That all ordinances and parts of ordinances in
conflict herewith are hereby repealed, and this ordinance shall be
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in full force and effect from and after its passage and approval.
PASSED: January 9, 1956
ATTEST i AM-Z--
City Clerk