HomeMy WebLinkAbout3969 RESOLUTION NO. 3'969
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A SPECIAL WARRANTY DEED
RUNNING IN FAVOR OF THE ARKANSAS STATE HIGH-
WAY COMMISSION TO CERTAIN LANDS LYING WITHIN
THE RIGHT-OF-WAY OF THE PROPOSED EAST-WEST
EXPRESSWAY; AND FOR OTHER PURPOSES.
WHEREAS, the City of Little Rock has acquired and
is now in a position to furnish to the Arkansas State Highway
Commission sufficient title in and to lands lying within the
described boundaries of the proposed East-West Expressway in
the City of Little Rock between Cedar Street and University
Avenue, all pursuant to establish arrangements heretofore made
and existing between the City of Little Rock and said Arkansas
State Highway Commission.
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 a Special Warranty Deed
for and on behalf of the City of Little Rock conveying to the
Arkansas State Highway Commission sufficient title in and to
additional necessary lands lying within the described boundaries
of the proposed East-West Expressway in the City of Little Rock
which Deed containing a description of the said lands shall be
in form and substance as follows :
S P E C I A L
WARRANTY D E E D
(Municipal Corporation)
KNOW ALL MEN BY THESE PRESENTS :
WHEREAS, the City of Little Rock, Pulaski County, Arkansas,
on the 15th day of April, 1968, by resolution, authorized and
directed the Mayor to convey the hereinafter described property
in the City of Little Rock to the Arkansas State Highway Commis-
sion 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 to be inclusive of all right of way required between the
described limits. By reference, the right of way maps dated
July, 1965, prepared by Garver and Garver, Consulting Engineers,
i
being sheets 1, 2 and 3 of 12 are made a part of this conveyance.
If there be a variance between the description of this conveyance
and the right of way maps for Job 6767, the right of way maps
will be used.
NOW, THEREFORE, I, Martin Borchert, Mayor of the City of
Little Rock, a minicipal 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 suf-
ficient 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:
I
WARRANTY DEED - Page Two
Being a part of the East Half of the Southeast Quarter of
Section 1, Township 1 North, Range 13 West, and a part of
the Southwest Quarter of Section 6, Township 1 North,
Range 12 West, all in Pulaski County, Arkansas, more par-
ticularly described as follows:
Starting at the Southeast Corner of Section 1, said corner
being located in the center of University Avenue; thence
North 01 ° 41 ' 26" East along the East line of Section 1
and the Centerline of University Avenue a distance of
1, 304.10 feet to a point on the proposed Centerline of the 1
East-West Expressway, said point being proposed Centerline
Station 171+17.09 of said Expressway; thence South 81°26 '
11" East along said proposed centerline a distance of 680.09
feet to proposed Centerline Station 164+37.00 of said Express-
way as surveyed by Garver and Garver, Inc. , of Little Rock,
Arkansas, and shown on their Right of Way Map, Sheet 1 of
12, dated July, 1965, and the point of beginning; thence due
North a distance of 164.85 feet to Point N23-I on the propos-
ed northerly right of way line of said Expressway; thence
South 89°02 ' 13" East along said proposed right of way line
a distance of 150.52 feet to Point N23; thence North 44°27 '
13" East along said proposed right of way line a distance
of 320.28 feet to Point N23A; thence South 87 °32 '04" East
along said proposed northerly right of way line a distance
of 233 . 15 feet to Point N23B; thence North 40°50 ' 18" East
along said proposed right of way line a distance of 68.69
feet to Point N23C; thence North 01°27 ' 17" East along said
proposed right of way line a distance of 78.00 feet to
Point N23D; thence North 09°21 ' 00" East along said proposed
right of way line a distance of 160. 10 feet to point N23E;
thence South 03°03 '46" West along said proposed right of way
line a distance of 107. 99 feet to Point N24; thence South
88 °00 ' 15" East along said proposed right of way line a dis-
tance of 93. 90 feet to Point N24A; thence South 01°59 ' 49"
West along said proposed right of way line a distance of
399.16 feet to Point N24B; thence South 19 °20 ' 33" East along
said proposed right of way line a distance of 75 .27 feet to
Point N24C; thence South 52 °12 '43" East along said proposed
right of way line a distance of 67.03 feet to Point N25 ;
thence South 84°16 ' 52" East along said proposed right of way
line a distance of 333. 77 feet to Point N26; thence North
89°22 '08" East along said proposed right of way line a dis-
tance of 670.04 feet to Point N26A; thence South 26°54 ' 33"
West a distance of 159. 33 feet to a point; thence South 03 °
08 ' 21" West a distance of 86. 53 feet to a point on the pro-
posed southerly right of way line of said Expressway; thence
South 85 °32 '46" West along said proposed right of way line
a distance of 603.28 feet to Point S26A; thence South 80°
11 ' 14" West along said proposed right of way line a distance
of 177 .08 feet to Point S26; thence North 89°49' 54" West
along said proposed right of way line a distance of 183.87
feet to Point S25B; thence South 59°09' 36" West along said
proposed right of way line a distance of 64. 31 feet to
Point S25A; thence South 08 °46 ' 33" West along said proposed
right of way line a distance of 280. 32 feet to Point S25;
thence South 02°14 ' 57" West along said proposed right of way
line a distance of 112.85 feet to Point S24B; thence North
89°20 '43" West along said proposed right of way line a dis-
tance of 76.51 feet to Point S24A; thence North 02°44 '40"
West along said proposed right of way line a distance of
126. 14 feet to Point S24; thence North 46°50 '42" West along
said proposed right of way line a distance of 67 .21 feet to
Point S23H; thence South 89 °58 '09" West along said proposed
WARRANTY DEED - Page Three
right of way line a distance of 203. 99 feet to Point
S23G; thence South 26°33 ' 21" West along said proposed
right of way line a distance of 55. 90 feet to Point S23F;
thence North 63 °26 ' 24" West along said proposed right of
way line a distance of 99.99 feet to Point S23E; thence
North 43°02 ' 21" West along said proposed right of way
line a distance of 96. 10 feet to Point S23D; thence North
30 °17 ' 28" West along said proposed right of way line a
distance of 150.50 feet to Point S23C; thence North 11°
18 ' 30" West along said proposed right of way line a dis-
tance of 143.51 feet to Point S23B; thence North 27 °13 '
30" West along said proposed right of way line a distance
of 91. 26 feet to Point S23A; thence North 86°20 '47" West
along said proposed right of way line a distance of 34.34
feet to Point S23-I; thence due North a distance of 115 .26
feet to proposed Centerline Station 164+37 .00 of said
Expressway and the point of beginning and containing 20. 78
acres, more or less.
This description includes areas in streets, alleys, and
all other forms of public dedication.
This conveyance is made for the purpose of a controlled
access highway facility and the Grantor releases and relinquishes
to the Grantee all abutter ' s existing, future and potential com-
mon 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 thruway
or main travelled roadway, but such access shall be only at inter-
change points as may be established and maintained by proper
authority.
It is expressly intended that these covenants, burdens
and restrictions shall run with the land and shall forever bind
the Grantor, its successors and assigns.
WARRANTY DEED - Page Four
Grantee, as part of the consideration hereof, also agrees
to the following as covenants running with the land:
(a) To devote the property only to and in accordance
with the uses specified in the Urban Renewal Plan for
the University Park Urban Renewal Project, ARK R-51,
dated June 6, 1964, on file in the Office of the City
Clerk, Little Rock, Pulaski County, Arkansas. Provid-
ed, however, the Grantee, its successors and assigns
shall use said lands for a period of twenty years for
the purposes authorized in said plan.
(b) Not to discriminate upon the basis of race, color,
creed or national origin in the sale, lease or rental
or in the use or occupancy of the property or any im-
provement erected or to be erected thereon, or any part
thereof. The United States of America shall be a bene-
ficiary of the foregoing covenant and is entitled to
enforce it.
(c) The Grantee represnts and agrees that its purchase
of the property is for the purpose of redevelopment of
the property and not for speculation in land holding.
(d) Delivery of this Deed by Grantor to Grantee shall
not relieve Grantee, its successors in interest or
assigns, of any of the obligations, covenants, or condi-
tions of the Cooperation Agreement University Park Urban
Renewal Project, ARK R-51 dated June 6, 1964.
TO HAVE AND TO HOLD the same unto the Arkansas State
Highway Commission and unto its successors and assigns forever,
together with all and singular, the tenements, appurtenances and
hereditaments thereunto belonging or in any wise appertaining.
The City of Little Rock, Arkansas, hereby covenants with
the Arkansas State Highway Commission that it will forever warrant
and defend the title to said lands against all claims and encum-
brances done or suffered by it, but against none other.
IN WITNESS WHEREOF, the City of Little Rock, Arkansas, 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 resolu-
tion of its Board of Directors, duly and regularly adopted, a copy
of which is hereto attached and made a part hereof, this day
of , 1968.
CITY OF LITTLE ROCK, ARKANSAS
By
Martin Borchert, Mayor
ATTEST:
4
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WARRANTY DEED - Page Five
A C K N O W L E D G M E N T
STATE OF ARKANSAS)
ss.
COUNTY OF PULASKI)
On this day personally appeared before me, the undersigned,
Ok a Notary Public within and for the County and State aforesaid, duly
qualified and acting, Martin Borchert and Pauline G. Beeson, to me
well known to be the Mayor and City Clerk, respectively, of the
City of Little Rock, Arkansas, and stated that they had executed
the foregoing Deed pursuant to provisions of Resolution of the
Board of Directors of the City of Little Rock for the consideration
and purposes therein mentioned and set forth.
WITNESS my hand and official seal as such Notary Public on
this afA)day of 50Lot,L1 , 1968.
Notary Public
My commission expires:
This instrument was prepared by: •
Riddick Riffel, Attorney at Law
1021 Pyramid Life Building
Little Rock, Arkansas 72201
•
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SECTION 2 . Upon the execution of the Deed provided
for in Section 1 hereof the City Clerk is hereby authorized
and directed to cause same to be delivered to the Arkansas
State Highway Commission.
SECTION 3. This Resolution shall be in full force
and effect from and after its adoption.
ADOPTED: April 15, 1968
ATTEST: / APPROVED: 1
LILaj City Clerk Mayor