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HomeMy WebLinkAbout2110 s RESOLUTION NO. 2110 A RESOLUTION AUTHORIZING AND REQUESTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF LITTLE ROCK AND CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, GRANTING A PRIVATE EASE- MENT TO THE CITY ACROSS THE RIGHT-OF-WAY AND CERTAIN ADJACENT PROPERTY FROM THE ROCK ISLAND FOR THE PUR- POSE OF INGRESS AND EGRESS TO THE CITY'S GARAGE AND MAINTENANCE BUILDING NOW BEING CONSTRUCTED ON THE SE4 SW , SECTION 15 , TOWNSHIP 1 NORTH, RANGE 12 WEST, IN LITTLE ROCK, PULASKI COUNTY, ARKANSAS. WHEREAS, the City of Little Rock is constructing a garage and maintenance building on the SEA SWk, Section 15 , Township 1 North, Range 12 West, in Little Rock, Pulaski County, Arkansas, and desires to obtain a private easement across the right-of-way and certain adjacent property from the Chicago, Rock Island and Pacific Railroad Company for the purpose of ingress and egress to City' s property; and WHEREAS, the Chicago, Rock Island and Pacific Railroad Com- pany is agreeable to the execution of the grant to the City of Little Rock of a private easement 24 feet wide, beginning at a point on West 36th Street, approximately in the center of the block between Fulton and Chester Streets, and extending approxi- mately 400 feet in a general southeastwardly direction across the two tracks of the Rock Island to the property of City; and WHEREAS, an agreement has been prepared between the City of Little Rock, Arkansas and Chicago, Rock Island and Pacific Railroad Company, to-wit: A G R E E M E N T The agreement entered into by and between the City of Little Rock, Arkansas, referred to herein as "CITY" and Chicago, Rock Island and Pacific Railroad Company, referred to herein as "ROCK ISLAND": WITNESSETH: 1. The City is constructing a garage and maintenance build- ing on the SEA SWk, Section 15 , Township 1 North, Range 12 West, in Little Rock, Pulaski County, Arkansas, and desires to obtain a -2- private easement across the right-of-way and certain adjacent property from the Rock Island for the purpose of ingress and egress to City ' s property. 2. For the considerations recited herein Rock Island agrees to grant to City a private easement 24 feet wide, beginning at a point on West 36th Street, approximately in the center of the block between Fulton and Chester Streets, and extending approxi- mately 400 feet in a general southeastwardly direction across he two tracks of the Rock Island to the property of City. A opy of the easement to be executed by Rock Island (including a lat accurately describing the property covered by the easement) 's attached hereto, marked Exhibit A and made a part hereof. 3 . In consideration of the grant of the easement, City agrees to do the following: (a) to construct a road across the easement including all necessary grading and installation of pipes or culverts to provide for adequate drainage, the drainage structures and grading to be approved by Rock Island' s district engineer. (b) to pay Rock Island its costs in surfacing the area between the ties on the two tracks (a wooden cross- ing being contemplated) , in installing standard crossing signs, and raising any wires or moving any existing structures, and all other costs the Rock Island may incur in installing the crossing. (c) to erect and maintain an appropriate gate or other barrier on the easement on the north side of the tracks. 4. The easement to be granted by the Rock Island is a pri- vate easement by the City and its business invitees . Rock Island reserves the right for itself and its assigns to use the easement for ingress and egress or to dedicate the easement as a public street. 5 . The easement set out in Exhibit A will be delivered to the City upon the full performance of the obligations imposed on City in this agreement, and the City shall acquire no rights (other than those set out herein) to the easement until the de- livery of the instrument. Executed by the Mayor and attested by the City Clerk of the City of Little Rock, pursuant to Resolution No. , adopted June , 1956, and by the Rock Island on this day of , 1956. CITY OF LITTLE ROCK, ARKANSAS ATTEST: By City Clerk Mayor CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY By f w ' 1 -J- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. That the Mayor and the City Clerk of the City of Little Rock, Arkansas are hereby authorized and requested to enter into and execute, on behalf of the City of Little Rock, an agreement whereby the Chicago, Rock Island and Pacific Rail- road Company agrees to grant to the City a private easement 24 feet wide for considerations recited in such agreement, said easement beginning at a point on West 36th Street, approximately in the center of the block between Fulton and Chester Streets, and extending approximately 400 feet in a general southeastwardly direction across the two tracks of the Rock Island to the prop- erty of City. SECTION 2. That this resolution shall be in full force and effect from and after its adoption by the City Council and ap- proval by the Mayor. ADOPTED: June 18, 1956 ATTEST: APPROVED: Olgfril.11/2-4-< sic)-(1-'16&) City Clerk Mayor