HomeMy WebLinkAbout2472 RESOLUTION NO . 2172
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AN INSTRUMENT GRANTING THE CORPS OF ENGINEERS A RIGHT OF ENTRY
TO STUDY IMPROVEMENTS ON THE SOUTH BANK OF THE ARKANSAS RIVER;
AND FOR OTHER PURPOSES .
WHEREAS , the Corps of Engineers, Department of the Army, wishes
to construct a revetment on the South Bank of the Arkansas River,
{ adjacent to and in the park area of Rebsamen Park; and
WHEREAS , it is in the best interest of t ie y
Cit of Little Rock
that such a revetment be erected; and
WHEREAS , the Corps of Engineers, Department of the Army, requires
a right of entry for preliminary work in connection with said con-
struction;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The Mayor and City Clerk of the City of Little Rock
are hereby authorized and directed to sign and execute a certain in-
strument described hereinafter in Section 2, which instrument grants
to the Corps of Engineers, Department of the Army, the right of in-
. gress and egress to the property described as a part of the Southeast
Fractional Section 19 and the Southwest Fractional Section 20, Town-
ship 2 North, Range 12 West, within a period of six (6) months from
the date of said instrument .
SECTIO1 2. The Right-of-Entry For Construction stall be in form
and substance as follows:
DEPARTMENT OF THE ARMY
RIGHT-OF-ENTRY FOR CONSTRUCTION
Utah Point Dikes and Revetment
Arkansas River
(Project. 1natollation u) Actirityl (Tract Number or Other Propert; Identification)
The undersigned, hereinafter called the "Owner," in consideration of the total compensation to
be paid by the UNITED STATES OF AMERICA, hereinafter called the "Government," for all land
or easement rights hereinafter described, to be determined by subsequent agreement between the
Owner and the Government, or by judicial proceedings, hereby grants to the Government, a permit
or right-of-entry upon the following terms and conditions:
1. The Owner hereby grants to the Government an irrevocable right to enter upon the lands
hereinafter described at any time within a period of six ( 6 ) months from the date
of this instrument, in order to erect buildings or any other type of improvements and to perform
construction work of any nature.
2. This permit includes the right of ingress and egress on other lands of the Owner not described
below, provided that such ingress and egress is necessary and not otherwise conveniently available
to the Government.
3. All tools, equipment, buildings, improvements, and other property taken upon or placed upon
the land by the Government shall remain the property of the Government and may be removed by
the Government at any time within a reasonable period after the expiration of this permit or
right-of-entry.
4. The Government shall have the right to patrol and police the lands hereinafter described
during the period of this permit or right-of-entry.
5. It is understood and agreed that if the Government does not acquire title or other necessary
interest in said land prior to the expiration of this permit or right-of-entry,or any renewal thereof,
the Government agrees to be responsible for any damage arising from the activity of the Govern-
ment or its agents on said lands, in the exercise of rights under this permit or right-of-entry, and
shall repair such damages, or, in lieu thereof and at the option of the Government, shall make a
cash settlement with the Owner.
The land affected by this permit or right-of-entry is located in the County of
Pulaski , State of Arkansas , and is described as
follows:
(See description attached hereto and made a part hereof)
WITNESS MY HAND AND SEAL this day of , 19
WITNESS:
(SEAL)
(SEAL)
ENG FORM t DEC FOR 58 2803 (EM 405-1-661) EDITION OF I AUG 57 AND ALL SIMILAR LOCAL FORMS ARE OBSOLETE
U S.GOVERNMENT PRINTING OFFICE 1959-0-49146.
Arkansas River Owner: City of Little Rock, Arkansas
Utah Point Dikes and Revetment
A tract of .land situated in the County of Pulaski, State of Arkansas,
being a strip of land 200 feet in width and approximately 4,000 feet in
Length, lying south from, parallel and adjacent to the top right bank of
the Arkansas River, in the SEA of Fractional Section 19 and in the SWA
of Fractional Section 20, Township 2 North, Range 12 West.
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SECTION 3 . This resolution shall be in full force and effect
from and after its adoption .
ADOPTED: January 18, 1960
ATTEST: APPROVED:
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City Clerk 14 L
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