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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
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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
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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:
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City Clerk Mayor