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HomeMy WebLinkAbout3376 RESOLUTION NO. 3, 376 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEED RUNNING IN FAVOR OF THE STATE OF ARKANSAS TO CERTAIN LANDS LYING WITHIN THE RIGHT-OF-WAY OF THE PROPOSED EAST- WEST EXPRESSWAY; AND FOR OTHER PURPOSES. WHEREAS, pursuant to long established arrangements existing between the City of Little Rock and the State of Arkansas, the City of Little Rock has procured and is now able to furnish to the State of Arkansas sufficient title in and to certain lands lying within the described bound- aries of the proposed Last-West Expressway in the City of Little Rock; and, WHEREAS, the acquisition of said lands has been completed, or is otherwise provided for, and it is nec- essary that the City of Little Rock convey sufficient interest to the said lands to the State of Arkansas, by an instrument of conveyance, thereby vesting in the State of Arkansas the complete and full right, title and interest in said lanas for the purpose of laying out, constructing and maintaining a limited access expressway; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The Mayor is hereby authorized and directed to execute for and in behalf of the City of Little Rock, and the City Clerk is authorized and directed to attest to a certain deed conveying unto the State of Arkansas certain described right-of-way within the proposed East-West Expressway, as shall be more particularly des- cribed in Section 2 hereof. SECTION 2. The deed referred to in Section 1 hereof to be executed by the Mayor and attested to by the City Clerk is in form and substance as follows: W A R R A N T Y D E E D (Municipal Corporation) • KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of Little Rock, Pulaski County, Arkansas, on the day of , 1965, by resolution, authorized and directed the Mayor to convey the hereinafter described property in the City of Little Rock to the Arkansas State Highway Commission for and in consideration of the same being used by the Arkansas State Highway Commission for highway administrative, construction and/or maintenance purposes. WHEREAS, the described lands are for the construction, operation and maintenance of the East - West Expressway in Little Rock from just west of Coleman Creek to the west line of Jones Street and is intended to be inclusive of all right of way required between described limits. By reference, the right of way maps dated July 1965 for Job 6767, prepared by Garver and Garver, Consulting Engineers, are made a part of this con- veyance. If there be a variance between the description in this convey- ance and the right of way maps for Job 6767, the right of way maps will be used. NOW, THEREFORE, I, Harold E. Henson, Mayor of the City of Little Rock, a municipal corporation organized and existing under the laws of the State of Arkansas, for and in consideration of the sum of One and No/100 Dollars ($1.00) and other good and sufficient consideration, cash in hand paid by the Arkansas State Highway Commission, the receipt of which is hereby acknowledged, acting in behalf of the City of Little Rock, Arkansas, do hereby grant, bargain, sell and convey unto the said Arkansas State Highway Commission, its successors and assigns forever, the following lands lying and being situated in the City of Little Rock, County of Pulaski, State of Arkansas, to-wit: Being a part of the South Half of Section 6, the South Half of Section 5, and the Southwest Quarter of Section 4, all in • Township 1 North, Range 12 West, Pulaski County, Arkansas, more particularly described as follows: Starting at the Northwest Corner of the Southeast Quarter of the Southeast Quarter of Section 6, said corner being located on the Base Line of Right of Way Job 6767, East - West Express- way , as surveyed by Garver and Garver, Inc. , of Little Rock, Arkansas, and shown on their Right of Way Maps, Sheet 5 of 12, dated July 1965; thence North 61° 25' 51" West a distance of 40. 35 feet to proposed Center Line P. I. Station 212+30.9 of the East - West Expressway, said Station being located on West 8th Street between Monroe Street and Madison Street; thence North 11° 23' 51" West a distance of 69. 27 feet to point N33C on the proposed northerly right of way line of said Expressway for the point of beginning; thence South 88° 24' 21" East along said right of way line a distance of 212. 79 feet to point N33CA; thence North 68° 01' 54" East along said right of way line a distance of 124.89 feet to point N33D; thence South 88° 53' 59" East along said right of way line a distance of 17.49 feet to point N33DA; thence South 09° 09' 58" West along said right of way line a distance of 39.42 feet to point N33DB; thence North 86° 11' 55" East along said right of way line a distance of 456. 71 feet to point N33DC; thence South 88° 53' 59" East along said right of way line a distance of 1,600.83 feet to point N33E; thence North 79° 41' 30" East along said right of way line a distance of 344.41 feet to point N34; thence South 87° 22' 04" East along said right of way line a distance of 117. 15 feet to point N34A; thence North 79° 49' 48" East along said right of way line a distance of 155.46 feet to point N34B; thence North 26° 28' 07" East along said right of way line a distance of 23.89 feet to point N34C; thence North 01° 44' 30" East along said right of way line a distance of 102.00 feet to point N34D; thence South 84° 43' 23" East along said right of way line a distance of 61.54 feet to point N34E; thence South 02° 36' 16" West along said right of way line a distance of 125.00 feet to point N34F; thence South 87° 06' 51" East along said right of way line a distance of 270. 12 feet to point N34G; thence North 04° 48' 49" East along said right of way line a distance of 124. 89 feet to point N34H; thence South 84° 29' 43" East along said right of way line a distance of 50.98 feet to point N34I; thence South 02° 01' 57" West along said right of way line a distance of 75. 00 feet to point N34J; thence South 27° 18' 02" East along said right of way line a distance of 57.84 feet to point N35; thence South 87° 18' 30" East along said right of way line a distance of 256. 17 feet to point N35A; thence South 47° 39' 52" East along said right of way line a distance of 62.97 feet to point N36; thence South 84° 57' 58" East along said right of way line a distance of 284.57 feet to point N37; thence South 77° 47' 52" East along said right of way line a distance of 44.33 feet to point N37A; thence South 86° 33' 41" East along said right of way line a distance of 329. 11 feet to point N37B; thence South 02° 56' 34" West along said right of way line a distance of 24.93 feet to point N37C; thence South 82° 23' 07" East along said right of way line a distance of 213. 34 feet to point N38; thence South 88° 11' 06" East along said right of way line a distance of 775.74 feet to point N39; thence North 01° 30' 56" East along said right of way line a distance of 63.89 feet to point N39A; thence South 86° 54' 13" East along said right of way line a distance of 627.04 feet to point N40; thence North 69° 47' 20" East along said right of way line a distance of 39.28 feet to point N41; thence South 86° 37' 13" East along said right of way line a distance of 204.05 feet to point N42; thence Due North along said right of way line a distance of 15.41 feet to point N43; thence South 86° 51' 51" East -2- along said right of way line a distance of 92.50 feet to • •intlip3A; thence North 02° 22' 44" East along said right of way line a distance of 20.00 feet to point N43B; thence South 87° 36' 27" East along said right of way line a distance of 39.28 feet to point N43C; thence South 02° 44' 05" West along said right of way line a distance of 19.70 feet to point N43D; thence South 86° 17' 40" East along said right of way line a distance of 147. 61 feet to point N43E; thence South 89° 10' 44" East along said right of way line a distance of 129.08 feet to point N44; thence North 14° 24' 17" East along said right of way line a distance of 41.85 feet to point N44A; thence South 86° 39' 01" East along said right of way line a distance of 8.04 feet to point N44B; thence North 01° 44' 53" East along said right of way line a distance of 19. 67 feet to point N45; thence South 87° 35' 13" East along said right of way line a distance of 61. 71 feet to point N45A; thence South 03° 33' 35" West along said right of way line a distance of 133.68 feet to point N46; thence South 89° 38' 32" East along said right of way line a distance of 131. 34 feet to point N46A; thence South 12° 51' 43" West along said right of way line a distance of 25.56 feet to point N46B; thence South 44° 16' 17" East along said right of way line a distance of 73. 95 feet to point N47; thence South 73° 43' 23" East along said right of way line a distance of 328.46 feet to point N48; thence North 89° 27' 52" East along said right of way line a distance of 170 feet, more or less, to a point on the existing westerly Right of Way line of Jones Street; thence southerly along said right of way line a distance of 370 feet, more or less, to a point on the proposed southerly Right of Way line of said Expressway; thence South 82° 02' 35" West along said right of way line a distance of 32 feet, more or less, to point S39; thence South 88° 46' 48" West along said right of way line a distance of 284. 65 feet to point S38; thence North 87° 22' 56" West along said right of way line a distance of 327. 11 feet to point S37; thence South 10° 52' 38" West along said right of way line a distance of 131.95 feet to point S36A; thence South 73° 38' 22" West along said right of way line a distance of 18.96 feet to point S36; thence North 88° 48' 29" West along said right of way line a distance of 50.00 feet to point S35C; thence North 01° 49' 20" East along said right of way line a distance of 21.07 feet to point S35B; thence North 80° 06' 57" West along said right of way line a distance of 18. 76 feet to point S35A; thence Due North along said right of way line a distance of 96. 31 feet to point S35; thence North 62° 21' 39" West along said right of way line a distance of 156.50 feet to point S34B; thence North 56° 39' 05" West along said right of way line a distance of 50.24 feet to point S34A; thence North 62° 21' 51" West along said right of way line a distance of 145.50 feet to point S34; thence North 77° 19' 10" West along said right of way line a distance of 155.71 feet to point S33B; thence North 02° 00' 57" East along said right of way line a distance of 27.58 feet to point S33A; thence North 86° 23' 33" West along said right of way line a distance of 158.61 feet to point S33; thence South 02° 02' 05" West along said right of way line a distance of 22.81 feet to point S32D; thence North 88° 46' 14" West along said right of way line a distance of 45. 67 feet to point S32C; thence North 00° 54' 55" East along said right of way line a distance of 46.95 feet to point S32B; thence North 74° 39' 16" West along said right of way line a distance of 156.02 feet to point S32A; thence North 88° 57' 05" West along said right of way line a distance of 106.01 feet to point S32; thence South 02° 43' 43" West along said right of way line a distance of 25.00 feet to point S31Q; thence North 87° 18' 21" West along said right of way line a distance of 30.63 feet to point S31P; thence North 00° 33' 45" East along said right of way line a distance of 73. 34 feet to point S31N; thence North 86° 49' 13" West along said right of way line a distance of 1,756. 10 feet to point S31M; thence South 03° 11' 17" West along said right of way line a distance of 49.99 feet to point S31L; thence North 86° 49' 14" West along said right of way line a distance of 206.63 feet to point S31KX; thence South 01° 10' 56" West along said right of way line a distance of 30.54 feet to point S31KW; thence North 86° 44' 27" West along said right of way line a distance of 48.55 -3- feet to point S31KV; thence North 00° 45' 09" East along said right of way line a distance of 30.46 feet to point S31KU; thence North 86° 49' 19" West along said right of way line a distance of 224.02 feet to point S31KT; thence South 70° 16' 58" West along said right of way line a distance of 21.90 feet to point S31KS; thence South 50° 41' 57" West along said right of way line a distance of 24.99 feet to point S31KR; thence South 07° 37' 38" West along said right of way line a distance of 33.68 feet to point S31KQ; thence South 00° 29' 02" West along said right of way line a distance of 66. 31 feet to point S31KP; thence North 87° 55' 17" West along said right of way line a distance of 8.00 feet to point S31K0; thence South 00° 27' 30" West along said right of way line a distance of 25.00 feet to point S31KN; thence North 87° 45' 52" West along said right of way line a distance of 52.81 feet to point S31KM; thence North 02° 30' 17" East along said right of way line a distance of 151.24 feet to point S31KL; thence North 86° 49' 06" West along said right of way line a distance of 275. 86 feet to point S31KK; thence South 01° 45' 28" West along said right of way line a distance of 110.84 feet to S31KJ; thence North 87° 14' 40" West along said right of way line a distance of 53.75 feet to point S31KI; thence North 01° 51' 29" East along said right of way line a distance of 51.82 feet to point S31KH; thence North 02° 03' 37" West along said right of way line a distance of 34.49 feet to point S31KG; thence North 45° 01' 55" West along said right of way line a distance of 25.40 feet to point S31KF; thence North 73° 13' 11" West along said right of way line a distance of 34.50 feet to point S31KE; thence North 86° 49' 23" West along said right of way line a distance of 218. 34 feet to point S31KD; thence South 02° 53' 00" West along said right of way line a distance of 33.99 feet to point S31KC; thence North 86° 36' 02" West along said right of way line a distance of 44. 86 feet to point S31KB; thence North 02° 19' 35" East along said right of way line a distance of 34.00 feet to point S31KA; thence North 86° 19' 10" West along said right of way line a distance of 32.50 feet to point S31K; thence North 03° 36' 02" East along said right of way line a distance of 25.00 feet to point S31J; thence North 86° 23' 51" West along said right of way line a distance of 962.56 feet to point S31I; thence South 03° 36' 02" West along said right of way line a distance of 25.00 feet to point S31H; thence North 86° 25' 54" West along said right of way line a distance of 13.34 feet to point S31GJ; thence South 01° 48' 48" West along said right of way line a distance of 14.54 feet to point S31GH; thence North 84° 51' 56" West along said right of way line a distance of 44.03 feet to point S31GF; thence North 01° 40' 39" East along said right of way line a distance of 14. 35 feet to point S31GE; thence North 86° 24' 10" West along said right of way line a distance of 146.63 feet to point S31GD; thence South 01° 50' 11" West along said right of way line a distance of 4.99 feet to point S31GC; thence North 88° 06' 16" West along said right of way line a distance of 198.33 feet to point S31GB; thence South 02° 03' 06" West along said right of way line a distance of 39.95 feet to point S31GA; thence North 86° 56' 23" West along said right of way line a distance of 50.01 feet to point S31G; thence North 02° 41' 26" East along said right of way line a distance of 44.95 feet to point S31F; thence North 86° 26' 53" West along said right of way line a distance of 144.95 feet to point S31E; thence South 01° 18' 39" East along said right of way line a distance of 44. 59 feet to point S31DC; thence North 87° 35' 14" West along said right of way line a distance of 157.73 feet to point S31DB; thence South 67° 04' 29" West along said right of way line a distance of 41.28 feet to point S31DA; thence North 86° 06' 43" West along said right of way line a distance of 175.35 feet to point S31D; thence North 85° 27' 26" West along said right of way line a distance of 186.22 feet to point S31C; thence North 01° 58' 30" East along said right of way line a distance of 4. 35 feet to point S31B; thence North 87° 37' 35" West along said right of way line a distance of 140.05 feet to point S31A; thence South 87° 18' 22" West along said right of way line a distance of 211.49 feet to point S31; thence North -4- 88° 25' 55" West along said right of way line a distance of 138.87 feet to point S30D; thence North 72° 20' 47" West along said right of way line a distance of 20.64 feet to point S30C; thence North 86° 52' 07" West along said right of way line a distance of 139. 31 feet to point S30B; thence North 02° 29' 27" East along said right of way line a distance of 19. 10 feet to point S30A; thence North 84° 16' 58" West along said right of way line a distance of 243.73 feet to point S30; thence South 01° 40' 26" West along said right of way line a distance of 441.28 feet to point S29H; thence South 88° 00' 09" East along said right of way line a distance of 21. 80 feet to point S29G; thence South 02° 00' 07" West along said right of way line a distance of 214.99 feet to point S29F; thence North 88° 00' 13" West along said right of way line a distance of 60.00 feet to point S29E; thence North 01° 59' 47" East along said right of way line a distance of 60.00 feet to point S29D; thence North 87° 59' 46" West along said right of way line a distance of 135. 56 feet to point S29C; thence North 01° 40' 17" East along said right of way line a distance of 364. 09 feet to point S29B; thence North 24° 07' 19" East along said right of way line a distance of 33. 57 feet to point S29A; thence North 02° 19' 02" East along said right of way.line a dismince of 291g50 feet to mint S29; thence North 85° 55' 56" We along APE right of way line a distance of 300. 69 feet to point S28D; thence South 00° 52' 00" West along said right of way line a distance of 66. 11 feet to point S28C; thence North 86° 16' 13" West along said right of way line a distance of 50. 12 feet to point S28B; thence North 01° 53' 28" East along said right of way line a distance of 55.45 feet to point S28A; thence North 77° 03' 08" West along said right of way line a distance of 32.94 feet to point S28; thence North 86° 05' 26" West along said right of way line a distance of 172.48 feet to point S27M; thence North 02° 02' 21" East along said right of way line a distance of 9.84 feet to point S27L; thence North 87° 21' 41" West along said right of way line a distance of 182.67 feet to point S27K; thence South 89° 21' 40" West along said right of way line a distance of 69.05 feet to point S27J; thence North 86° 43' 03" West along said right of way line a distance of 198.58 feet to point S27I; thence North 87° 30' 34" West along said right of way line a distance of 365. 66 feet to point S27H; thence South 67° 05' 33" West along said right of way line a distance of 36.94 feet to point S27G; thence South 17° 04' 24" West along said right of way line a distance of 34.47 feet to point S27F; thence South 05° 54' 30" West along said right of way line a distance of 44.98 feet to point S27E; thence North 87° 39' 14" West along said right of way line a distance of 67.67 feet to point S27D; thence North 00° 49' 42" West along said right of way line a distance of 43. 57 feet to point S27C; thence North 24° 46' 30" West along said right of way line a distance of 40.81 feet to point S27B; thence North 85° 47' 09" West along said right of way line a distance of 257. 34 feet to point S27A; thence North 88° 49' 11" West along said right of way line a distance of 283.51 feet to point S27; thence South 74° 59' 16" West along said right of way line a distance of 91. 69 feet to point S26C; thence North 88° 08" 59" West along said right of way line a distance of 183.05 feet to point S26B; thence South 85° 32' 46" West along said right of way line a distance of 174. 62 feet to a point, said bearing of South 85° 32' 46" West equals South 85° 29' 08" West on the same line as surveyed by Robert W. Threet; thence North 03° 08' 21" East a distance of 86. 53 feet to a point; thence North 26° 54' 33" East a distance of 159. 33 feet to point N26A on the proposed northerly Right of Way line of said Expressway; thence North 79° 20' 37" East along said right of way line a distance of 263. 63 feet to point N26B; thence North 81° 15' 57" East along said right of way line a distance of 289.43 feet to point N27; thence North 51° 58' 32" East along said right of way line a distance of 139.97 feet to point N27A; thence North 09° 06' 21" East along said right of way line a distance of 218.00 feet to point N27B; thence North 27° 40' 49" East along said right of way line a distance of 297.99 feet to point N27C; thence South 62° 19' 10" East along said right -5- of way line a distance of 20.00 feet to point N27D; thence North 27° 40' 50" East along said right of way line a distance of 160.00 feet to point N27E; thence South 62° 19' 10" East along said right of way line a distance of 75.00 feet to point N27F; thence South 28° 07' 17" West along said right of way line a distance of 260.00 feet to point N27G; thence South 13° 59' 12" West along said right of way line a distance of 97.93 feet to point N27H; thence South 05° 39' 38" West along said right of way line a distance of 38.73 feet to point N271; thence South 05° 35' 16" East along said right of way line a distance of 70. 14 feet to point N27J; thence South 20° 46' 49" East along said right of way line a distance of 51. 16 feet to point N27K; thence South 31° 28' 57" East along said right of way line a distance of 52.85 feet to point N27L; thence South 38° 07' 55" East along said right of way line a distance of 130.03 feet to point N28; thence South 78° 12' 46" East along said right of way line a distance of 230.91 feet to point N28A; thence South 74° 13' 55" East along said right of way line a distance of 201. 18 feet to point N28B; thence South 79° 52' 32" East along said right of way line a distance of 410. 16 feet to point N29; thence South 87° 33' 47" East along said right of way line a distance of 398. 15 feet to point N29A; thence South 26° 56' 41" East along said right of way line a distance of 56.03 feet to point N30; thence South 84° 15' 18" East along said right of way line a distance of 204.50 feet to point N31; thence North 01° 53' 08" East along said right of way line a distance of 217.00 feet to point N31A; thence North 63° 53' 40" West along said right of way line a distance of 63.00 feet to point N31B; thence North 26 ° 06' 20" East along said right of way line a distance of 81.99 feet to point N31C; thence North 01° 53' 13" East along said right of way line a distance of 81.99 feet to point N31D; thence South 88° 06' 49" East along said right of way line a distance of 144.00 feet to point N31E; thence South 01° 53' 09" West along said right of way line a distance of 86.00 feet to point N31F; thence South 71° 54' 41" East along said right of way line a distance of 45.00 feet to point N31G; thence South 33 ° 25' 48" East along said right of way line a distance of 26.27 feet to point N31H; thence South 38° 59' 23" West along said right of way line a distance of 78.67 feet to point N311; thence South 01° 56' 42" West along said right of way line a distance of 126.99 feet to point N32; thence South 29° 11' 05" East along said right of way line a distance of 96.57 feet to point N32A; thence South 84° 59' 11" East along said right of way line a distance of 189.84 feet to point N33; thence South 23° 32' 15" East along said right of way line a distance of 27.52 feet to point N33A; thence North 86° 10' 30" East along said right of way line a distance of 31.33 feet to point N33B; thence South 82° 28' 44" East along said right of way line a distance of 91.53 feet to point N33C and the point of beginning and containing 72.92 Acres, more or less, less and except the following described tract owned by the Arkansas Power and Light Company and not included in the right of way lands: Starting at the Southeast Corner of the Northeast Quarter of the Southeast Quarter of Section 5, Township 1 North, Range 12 West; thence North 04° 00' 51" East a distance of 105.00 feet to a point; thence North 85° 59' 09" West a distance of 39.00 feet to point N44E and the point of beginning; thence continue North 85° 59' 09" West a distance of 218.92 feet to point N44F; thence North 40° 59' 09" West a distance of 14.06 feet to point N44G; thence North 04° 00' 51" East a distance of 110.81 feet to point N44H; thence North 85° 59' 09" West a distance of 45.00 feet to point N44I; thence North 04° 00' 51" East a distance of 55.00 feet to point N44C; thence South 85° 59' 09" East a distance of 273.86 feet to point N44D; thence South 04° 00' 51" West a distance of 175.75 feet to point N44E and the point of beginning and containing 0.98 Acre, leaving a total of 72 Acres, more or less, to be acquired. This Description includes areas in streets, alleys, and all other forms of public dedication. -6- This conveyance is made for the purpose of a controlled access high- way facility and the Grantor releases and relinquishes to the Grantee all abutter's existing, future and potential common law or statutory rights of access that the City may have between the main thoroughfare of such highway facility and the Grantor' s remaining abutting and contiguous land except that there is reserved and excepted to Grantor, its successors and assigns, the right of direct access, as prescribed and limited by the regulations and policies of the Arkansas State Highway Commission, to any adjacent frontage road if established and while it may be maintained by proper authority in front of said land ; provided that such policies and regulations shall not prohibit entry onto the frontage road from the abutting and adjoining lands, however, there shall be no right of direct access from such frontage road to and from the nearest lane of the thru- way or main travelled roadway, but such access shall be only at interchange points as may be established and maintained by proper authority. It is expressly intended that these covenants, burdens and restric- tions shall run with the land and shall forever bind the Grantor, its successors and assigns. TO HAVE AND TO HOLD the same unto the Arkansas State Highway Commis- sion and unto its successors and assigns forever, together with all and singular, the tenements, appurtenances, and hereditaments thereunto belonging or in any wise appertaining. And the said City of Little Rock hereby covenants with the Arkansas State Highway Commission that it will forever warrant and defend the title to said lands against all lawful claims of any and all persons whatsoever. IN WITNESS WHEREOF the City of Little Rock, a municipal corporation, has caused these presents to be signed by its Mayor, attested by its Clerk and its Corporate Seal to be herewith affixed, all in accordance with and pursuant to a resolution of its City Council, duly and regularly adopted, - 7 - a copy of which is hereto attached and made a part hereof, this day of , 1965. CITY OF LITTLE ROCK By 'e.pe Harold E. H=-on, Mayor ATTEST: Clerk -8- - 2 - SECTION 3. Upon execution of the said warranty deed referred to in Sections 1 and 2 above, the City Clerk is hereby authorized and directed to deliver same to the State of Arkansas on or before August 31, 1965. SECTION 4. This Resolution shall be in full force and effect from and after its adoption. ADOPTED: August 16, 1965 ATTEST:f ,,,,Q,,,,4, - APPROVE: dr City Clerk Mayor '