HomeMy WebLinkAbout3212 RESOLUTION NO. 3,212
A RESOLUTION AUTHORIZING THE EXECUTING BY THE
MAYOR AND CITY CLERK OF AN AGREEMENT WITH THE
UNITED STATES OF AMERICA THROUGH ITS CORPS OF
ENGINEERS FOR THE WIDENING AND IMPROVING OF
AN EXISTING ROADWAY IN REBSAMEN PARK; AND FOR
OTHER PURPOSES.
WHEREAS, the United States of America proposes to widen
and improve an existing roadway in Rebsamen Park in the City
of Little Rock, Arkansas, as a part of its development of
access to river improvement on the Arkansas River ; and
WHEREAS, it is beneficial to the City of Little Rock to
receive the improvement of said roadway according to the stand-
ards of improvement employed by the said United 6tates of
America;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The Mayor and City Clerk are hereby authorized
and directed to execute for and in behalf of the City of Little
Rock a certain agreement described in Section 2 hereof for the
widening and improving of a portion of Rebsamen Park Road in
the City of Little Rock.
SECTION 2. The agreement described in Section 1 hereof is
in words and substance as follows:
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A G R E E M E N T
THIS AGREEMENT made and entered into this _-_..__.._.. day of
1964, by and between the United. States of America, hereinafter called the
Government, represented by the Contracting Officer executing this agreement,
and the City of Little Rock, Arkansas, a. municipal corporation, organized
and existing under the laws of the State of Arkansas, hereinafter called the
City,
WITNESSNrH:
WHEREAS, the Government is constructing on the Arkansas River a facility
designated as Lock and Dam No. 7; and
WHEREAS, the construction thereof requires an adequate access road on
the right bank of the Arkansas River for ingress and egress to the construc-
tion area; and
WHEREAS, there is in existence a public road under the control and super-
vision of the City known as Rebsamen Park Road which, if widened at certain
points and properly improved and maintained, would provide adequate access for
the Government, its contractors, agents and employees, at a saving in Federal
costs as opposed to the cost of providing a new access road; and
WHEREAS, in the widening of Rebsamen Park Road it will be necessary to
rehabilitate and reconstruct certain improvements on the Rebsamen Park Golf
Course within the areas of Golf Tees Nos. 3 and 5; and
WHEREAS, the City would be benefited by the improvement by the Government
of the Rebsamen Park Road.
NOW, THEREFORE, it is mutually agreed and understood between the Govern-
ment, acting pursuant to the authority contained in Section 207 (a) of Public
Law 36-645, approved July 14, 1960, 74 Stat. 501, as amended by Section 208 of
Public Law 87-374, approved October 23, 1962, 76 Stat. 1196, and the City, act-
ing by and through its duly qualified and acting Mayor and City Clerk, under
authorization by a Resolution approved by its Board of Directors, as follows:
1. That the City hereby grants to the Government, its contractors,
agents and employees, the right to construct, improve, Aden, operate and
maintain the existing public road and appurtenances thereto designated as
iiebeamen Park Road and more particularly described as Tract No. 102P on
Exhibit A, attached hereto and made a part hereof, up to and including the
completion of construction of Lock and .yam No. 7 on the Arkansas :giver; to-
gether with the right to trim, cut, fell and remove underbrush, obstructions,
and other vegetation, structures, or obstacles within the limits of the
right-of-WY.
2, That the Government will improve and reconstruct Rebsamen Park
Road as described on Exhibit A and assuage maintenance thereof in such manner
as designated by the District Engineer, U. S. Aruy Engineer District, Little
Rock, Arkansas, until completion of Lock and. Dam No. 7 on the Arkansas River.
3. That at the completion of construction of Lock ana Dam No. 7, the
City will assure the responsibility for the improvement, reconstruction and
maintenance of said road thereafter without cost to the Government.
4. That the City hereby further grants to the Government, its con-
tractors, agents and employees, an additional area described as Tracts Nos.
102P-2 and 102P-3 on ambit $, attached hereto and made a part hereof, for
a period not to exceed twelve (12) months from the date of execution of this
instrument, with the right to rehabilitate and reconstruct certain improvements
on the Rebsamen Park Golf Course as will be affected by the construction within
the right-of-vat- described in E aibit A. ?he work to be accomplished is within
the vicinity of Golf Tees Nos. 3 and 5 and will be performed to the satisfaction
of the City with a minimum of inconvenience to the Rebsamen Park Golf Course.
5. COVENANT AGAINST CONTINGENT FEE,. The City varreuats that no per-
son or selling azency has been employed or retained to solicit or secure this
contract upon an agreement or understanding for a commission, percentage, bro-
kerage or contingent fee, except bona fide employees or bona fide established
commercial or selling agencies maintained by the City for the purpose of secur-
ing business. For breach or violation of this warranty, the Government shall
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have the right to annul this contract without liability, or, in its discre-
tion, to deduct from the contract price or consideration, or otherwise
recover, the full amount of such commission, percentage, brokerage or
contingent fee.
6. OFFICIALS NOT TO BENEFIT. No nether of or delegate to Congress,
or resident commissioner, shall be admitted to any share or part of this con-
tract, or to any benefit that may arise therefrom, but this provision shall
not be construed to extend to this contract if made with a corporation for
its general benefit.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as
of the day and year first above written.
CITY OF LITTLE ROCK, ARKANSAS
BY:
Mayor
ATTEST:
City Clerk
BY AUTHORITY C ' THE SECRETARY OF THE ARMY:
C RARt rj D. MYNAH)
Colonel, CE
District Engineer
U. S. Army Engineer District, Little Rock
Little Rock, Arkansas
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Arkansas River Pulaski County, Arkansas
Lock w Dam No. 7 Owner: City of Little Rock
Acres: Agreement - 7.35
TRACT NO. 102P
A tract of land situated in the county of Pulaski, State of Arkansas,
being a part of Fractional Section 29, Township 2 North, Range 12 West of
the Fifth Principal i'eridian, right bank of the Arkansas River, and being
an access road right-of-way of varying widths and 3,788.20 feet in length,
the centerline of which is more particularly described as follows:
Beginning at a point of curvature on the centerline of the
access road to Lock and Dam No. 7, also being the centerline of
an existing city street known_ as River Road which is approximately
550 feet east and approximately 1,340 feet north of the south
quarter corner of said Fractional Section 29, with the right-of-
way being 30 feet on the right and 30 feet on the left; thence
along a 4° curve to the right 473.33 feet to the point of tangency;
thence north 13° 04' 21" east 79.05 feet to the point of curvature,
said point being on the common line between the city of Little Rock
and the Riverdale Country Club properties, where the right-of-way
changes to 6o feet on the right and to the easterly right-of-way line
of the Chicago Rock Island and Pacific Railroad on the left; thence
along a 15° curve to the left 357.77 feet to the point of tangency,
at which point the right-of-way changes to 50 feet on the right°and
1 24"
remains said railroad right-of-way on the left; thence north 37°
177.49 feet to a point; thence north 39° 39' 25" west 65 feet to
the point of curvature; thence along a 2° 30' curve to the left 34.72
feet to a point where the right-of-way changes to 40 feet on the right
and remains the said railroad right-of-way on the left; thence, con-
tinuing along said curve to the left, 250 feet to a point where the
right-of-way changes to 70 feet on the right and remains said rail-
road right-of-tray on the left; thence continuing along said curve
to the left; 200 feet to a point where the right-of-way changes to
40 feet on the right and remains the said railroad right-of-way on
the left; thence continuing along said curve to the left, 8.64 feet
to the point of tangency; thence north 51° 59' 29" west 141.36 feet
to a point; thence north 51° 02' 11" west 300 feet to a point; thence
north 54° 12' 33" west 316.84 feet to the point of curvature; thence
along a 2° 30' curve to the left 509.54 feet to the point of tangency;
thence north 66° 56' 52" west 84.21 feet to a point; thence north
700 091 02" west 634.70 feet to a point; thence north 66° 47' 59"
west 55.55 feet to a point where the right-of-way changes to 50 feet
on the right and remains the said railroad right-of-way on the left;
thence north 66° 47' 59" west 100 feet to the point of termination,
and containing 7.35 acres, more or less.
10 September 1964 Exhibit A
Arkansas River Pulaski County, Arkansas
Lock a Dam No. 7 Owner: City of Little Rock
Acres: Permit - 1.05
TRACT NO. 102P-2
A tract of land situated in the county of Pulaski, State of Arkansas,
being a part of the NW-,1 of ractional Section 29, Township 2 North, Range 12
West of the Fifth Principal Meridian, right bank of the Arkansas River, and
being more particularly described as follows:
Beginning at a point on the northerly right-of-way line of
the access road to Lock and Dam No. 7, said point being approxi-
mately 990 feet east and approximately 1,020 feet north of the
west quarter corner of said Fractional Section 29; thence north
23° 12' 00" east 60 feet to a point; thence south 66° 48' east
300 feet to a point; thence south 23° 12' west 60 feet to a
point on the said northerly right-of-way line of the access road
to Lock and Dam No. 7; thence north 66° 43' 5" west along said
right-of-way line 300 feet to the point of beginning, and containing
0.41 acre, more or less.
TRACT NO. 102P-3
A tract of land situated in the county of Pulaski, State of Arkansas,
being a part of the NW u of Fractional Section 29, Township 2 North, Range 12
West of the Fifth Principal Meridian, right bank of the Arkansas River, and
being more particularly described as follows:
Beginning at a point on the northeasterly right-of-way line
of the access road to Lock and Dam No. 7, said point being approxi-
mately 140 feet west and approximately 270 feet north of the center
of Fractional Section 29; thence north 51° 02' 11" west, along the
said northeasterly right-of-way line of the access road to Lock and
Dam No. 7, a distance of 250 feet to a point; thence north 54° 12' 33"
west along said right-of-way line 100 feet to a point; thence, leaving
said right-of-way, north 35° 47' 27" east 80 feet to a point; thence
south 54° 12' 33" east 103 feet to a point; thence south 51° 02' 11"
east 250 feet to a point; thence south 38° 57' )49" west 80 feet to
the point of termination on the said northeasterly right-of-way line
of the access road to Lock and Dam No. 7, and containing 0.64 acre,
more or less.
10 September 1964 Exhibit B
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SECTION 3. This resolution shall be in full force and
effect from and after its adoption.
ADOPTED: September 21, 1964
ATTEST— 7 1 APPROVED:
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