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ORDINANCE NO. 9748
AN ORDINANCE AUTHORIZING, EMPOWERING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE A RELEASE OF EASEMENT ON LOT TWELVE
(12), TOSKA LEYMERIS ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS, AND FOR OTHER PURPOSES:
WHEREAS, on February 11, 1954, Magnolia Petroleum Company,
a corporation organized under and by virtue of the laws of the State
of Texas, did execute and deliver unto the City of Little Rock,
Arkansas, a certain easement deed, granting unto the City of Little
Rock, Arkansas, an easement for the erection and maintenance of a
single pole and a, single supporting cable facility for the sole and
only purposes as may be necessary incident to the support of traffic
control facilities at the intersection of Asher Avenue and Fair Park
Boulevard in the City of Little Rock, Arkansas, said pole to be
erected and maintained at a location on land of Magnolia Petroleum
Company in the County of Pulaski, and State of Arkansas, described
as follows, to -wit:
Commencing at the Southeast corner of Lot 12, Toska Leymerts
Addition to the City of Little Rock, Arkansas, according to
the Plat thereof of record in Book 1, Page 119, of the Plat
Records of Pulaski County, Arkansas, run thence in a North-
erly direction on the East line of said Lot 12 a distance
of 5 feet; run thence Westerly on a. line 5 feet distant from
and parallel to the South line of said Lot 12 a distance of
23.25 feet; run thence Northerly at a right angle a distance
of 44.0 feet to said location, the same being located 4 feet
East of the East wall of Gra.ntorts Service Station building
as now located on said Lot 12,
which said easement was filed for record on February 16, 195+, and
is of record in Book 534, Page 41, of the Deed Records of Pulaski
County, Arkansas; and,
WHEREAS, under paragraph numbered 5 of said easement it
was stipulated and agreed that the City of Little Rock, in accepting
the conveyance thereof, covenants: (1) that the existing pole now
located near the Southeast corner of Lot 12, Toska Leymeris Addition
to the City of Little Rock, Arkansas, now supporting the supporting
cable facility incident to the maintenance of said traffic control
facilities at said intersection will be removed; (2) that no pole
supporting any such cable facility will be erected or maintained
adjacent to the South and East boundaries of said Lot 12, Toska
Leymerts Addition to the City of Little Rock, Arkansas; (3) that no
curb will be maintained by Grantee on the South and East sides of
said Lot 12 and that Grantor will not be required to install and /or
maintain any such curb at such locations; and (4) that the Southeast
corner of Grantorts property will b•e maintained in such condition so
as to afford at all times a free and open means of ingress and egress
to and from the service station facility now existing on said Lot 12,
or any service station facility hereafter erected thereon, either by
way of substitution or otherwise, by Grantor, its successors and
assigns; and,
WHREAS, the City of Little Rock has declined to remove
the supporting cable facility incident to the maintenance of said
traffic control facilities at said intersection as the same existed
on February 11, 195+, and, as a result, the consideration for the
execution of said easement has failed; and,
WH',R= AS, the City of Little Rock has no present or future
need for the exercise of the easement rights so granted by Magnolia.
P <.troleum Company,
NOW. TH- HREFORE: B IT ORDAIN7_7D BY TH.-7� CITY COUNCIL OF
THE CITY OF LITTLE ROCK:
Section 1. The City of Little Rock does hereby disclaim
any right, title and interest in and to the easement rights granted
by Magnolia. Petroleum Company under that certain easement executed
February 11, 195+, recorded February 16, 195+, in Book 524, Page 41,
of the Deed Records of Pulaski County, Arkansas. as the same applies
to the location in the County of Pulaski, and State of Arkansas.,
described as follows, to -wit:
Commencing at the Southeast corner of Lot 12, Toska. Leymerts
Addition to the City of Little Rock, Arkansas, according to
the Plat thereof of record in Book 1, Page 119, of the Plat
Records of Pulaski County, Arkansas, run thence in a. North-
erly direction on the _cast line of said Lot 12 a, distance
of 5 feet; run thence Westerly on a. line 5 feet distant from
and parallel to the South line of said. Lot 12 a. distance of
28.25 feet; run thence Northerly at a. right angle a distance
of 44.0 feet to said location, the same being located 4 feet
East of the Fast wall of Grantorts Service Station building
as now located on said Lot 12.
Section 2. That the Mayor and City Clerk, respectively,
of the City of Little Rock, are hereby authorized, empowered and
directed to execute in the na.me of the City of Little Rock, and to
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deliver to Magnolia Petroleum Company a form of release of said ease-
ment as described in Section 1 hereof.
Section 3. All Ordinances and parts of Ordinances, in
conflict herewith are hereby repealed.
Passed: January 31, 1955.
ATT=.-
L0
City Clerk
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APPROVED:
a.yor