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HomeMy WebLinkAbout5534 RESOLUTION NO 5,534 A RESOLUTION ACCEPTING AN OFFER OF THE ARKANSAS STATE HIGHWAY DEPARTMENT TO ACQUIRE AN EASEMENT FOR HIGHWAY PURPOSES OVER AND ACROSS CERTAIN LANDS OWNED BY THE CITY OF LITTLE ROCK AND HELD FOR THE USE AND BENEFIT OF THE LITTLE ROCK MUNI- CIPAL AIRPORT COMMISSION TO BE USED FOR THE CON- STRUCTION OF THE EAST BELT STRUCTURED CONTROLLED ACCESS HIGHWAY; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID EASEMENT IN ACCORDANCE WITH THIS RESOLUTION; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A TEMPORARY CONSTRUCTION EASEMENT; AND FOR OTHER PURPOSES WHEREAS, the Arkansas State Highway Department is acquiring right of way for the construction of the East Belt structured controlled access highway in the City of Little Rock which will provide ramp access into and from Airport Drive at the Little Rock Municipal Airport; and WHEREAS, approximately 6 . 45 acres, more or less , of City land held for the use and benefit of the Little Rock Municipal Airport Commission is needed for right of way purposes for said East Belt Freeway, for which the Highway Department has proposed to pay a consideration in the amount of $58 ,100 .00 together with the sum of $1. 00 for a temporary construction easement on lands of the City of Little Rock adjacent to Airport Drive; and WHEREAS, it is the desire of the City of Little Rock to cooperate with the Arkansas State Highway Department in the con- struction of the said East Belt Freeway and it is determined to be in the best interest to provide this right of way for the consideration herein referred to, which consideration shall be paid over to the Little Rock Municipal Airport Commission to be used for Airport purposes. 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 on behalf of the City of Little Rock that certain easement for Highway purposes over and across lands owned by the City of Little Rock and held for the use and benefit of the Little Rock Municipal Airport Commission for a consideration of $58 , 100 .00 , which consideration is ordered and -2- directed paid over to the Little Rock Municipal Airport Commission to be used for Municipal Airport purposes . Said Easement for right of way purposes is in form and substance and covers the lands all as reflected by Exhibit "A" attached hereto and made a part hereof the same as though set out herein word for word. SECTION 2 . Further, the Mayor and City Clerk are hereby authorized and directed to execute for and on behalf of the City of Little Rock that certain temporary construction ease- ment over and across lands of the City of Little Rock to be used in construction of said East Belt Freeway, said lands being described in the Temporary Construction Easement attached hereto as Exhibit "B" and made a part hereof the same as though set out herein word for word. SECTION 3. This Resolution shall be in full force and effect from and after its adoption. ADOPTED: May 12, 1976 ATTEST: APPROVED: Q e.At-A-IZZA43311 City Cle Assistant Mayor Job No . 60027 Tracts No. 113, 304 and 306 EASEMENT FOR HIGHWAY PURPOSES KNOW ALL MEN BY THESE PRESENTS : THAT I, P. A. Hollingsworth, Acting , Mayor of the City of Little Rock, Arkansas, pursuant to Resolution No. 5534 , of the Board of Directors of the City of Little Rock dated May 12 , 1976, authorizing and directing exe- cution of this instrument on behalf of the City, and I, Henry Gray, Director of the Arkansas State Highway Department, acting by authority of the Arkansas State Highway Commission, authorizing and directing the execution of this instrument for and in behalf of the Arkansas State Highway De- partment, in consideration of the intended joint use of the described property by the City of Little Rock for airport pur- poses, and by the Arkansas State Highway Department for highway purposes, and in consideration of the sum of $58,100 . 00 paid by the Arkansas State Highway Commission to the City of Little Rock, Arkansas , do hereby agree as follows : (1) The City of Little Rock does hereby give, grant and quit-claim to the Arkansas State Highway Commission, its suc- cessors and assigns, an exclusive right of way and easement to construct bridges, ramps, bridge approaches and for any other highway purposes on East Belt Freeway, Job No. 60027, across, through and over the following lands situated in the County of Pulaski, State of Arkansas: 7,-,. //.3..z" Part of the Southwest Quarter of the Northeast Quarter of Section 13, Township 1 North, Range 12 West, Pulaski County, This instrument was prepared by Regina Whitaker Laidler, Attorney Arkansas State Highway Department Little Rock, Arkansas Arkansas , more particularly described as follows : Starting at the Southwest Corner of the Southwest Quarter of the Northeast Quarter of Section 13 ; thence North 02° 03 ' East along the West line thereof a distance of 343. 9 feet, more or less , to a point on the Centerline of Fourche Creek; thence North 54° 54 ' East along said Centerline of Fourche Creek a distance of 221. 6 feet, more or less , to a point; thence North 50° 42 ' East along said Centerline of Fourche Creek a distance of 18.2 feet, more or less , to the point of beginning ; thence North 43° 22 ' West a distance of 39. 8 feet to a point; thence North 46° 38 ' East a distance of 87. 5 feet to a point on the proposed northerly right of way line of the East Belt Freeway; thence North 89° 23 ' 13" East along said proposed right of way line a distance of 221.0 feet to a point; thence South 46° 38 ' West a distance of 249. 8 feet to a point; thence North 43° 22 ' West a distance of 110.2 feet to the point of beginning and containing 0.58 acre, more or less . 304-E ALSO: Part of Block "Y", Factoria Addition, to the City of Little Rock, Pulaski County, Arkansas , more particularly described as follows : Starting at the Southeast Corner of Block "Y" , Factoria Addition ; thence North 02° 18 ' East along the East line thereof which is also the existing easterly right of way line of Jones Street, a distance of 100.0 feet to the point of beginning; thence North 87° 56 ' West a distance of 340.0 feet to a point on the proposed westerly right of way line of Relocated Jones Street; thence North 02° 18 ' East along said proposed right of way line a dis- tance of 356.0 feet to a point; thence North 76° 46 ' East a dis- tance of 352 .9 feet to a point on the East line of said Block "Y"; thence South 02° 18 ' West along said East line a distance of 449. 0 feet to the point of beginning and containing 3. 14 acres , more or less , which includes 0. 3 acre, more or less , subject to a Corps of Engineers perpetual flowage easement . ALSO : Part of the Northeast Quarter of the Northeast Quarter X06-E of Section 18 , Township 1 North, Range 11 West, Pulaski County, Arkansas , more particularly described as follows : Starting at the Northeast corner of the Northeast Quarter of the Northeast Quarter of Section 18 ; thence South 01° 31' West along the East line thereof a distance of 364.4 feet to a point on the existing southerly right of way line of Roosevelt Road; thence . North 88° 08 ' West along said existing southerly right of way line a distance of 690. 7 feet to a point on the proposed easterly right of way line of Relocated Jones Street for the point of be- ginning; thence South 46° 46 ' 09" West along said proposed right of way line a distance of 243. 6 feet to a point; thence South 55° 10' 13" West along said proposed right of way line a distance of 425. 3 feet to a point ; thence South 31° 34' 34" West along said proposed right of way line a distance of 133. 6 feet to a point on the existing easterly right of way line of Jones Street ; thence North 02° 18 ' East along said existing right of way line a distance of 337. 1 feet to a point on the proposed westerly right of way line of Relocated Jones Street ; thence North 58° 30 ' 16" East along said proposed right of way line a distance of 262 . 7 feet to a point; thence North 01° 52 ' East along said proposed right of way line a distance of 61 . 2 feet to a point on the existing southerly right of way line of Roosevelt Road ; thence South 88° 08 ' East along said existing right of way line a distance of 357 .2 feet to the point of beginning and contain- ing 2 . 73 acres , more or less , which includes 0 . 1 acre, more or less , subject to a Corps of Engineers perpetual flowage easement, together with the rights , easements and privileges in or to said lands which may be required for the full enjoyment of the right herein granted. TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission and to its successors and assigns forever. This conveyance is made for the purpose of a controlled access facility and the City of Little Rock hereby releases and relinquishes to the Arkansas State Highway Commission all its existing, future and potential common law or statutory rights of access between the main thoroughfare of such highway facility and the City of Little Rock' s remaining abutting and contiguous lands . (2) The Arkansas State Highway Commission recognizes the prior air and drainage easements on the described property and does hereby give, grant and quit-claim to the City of Little Rock, Arkansas , its rights in the air space above the proposed highway now occupied by the approach surface to the runways of Adams Field, and specifically agrees that signs , light poles and other structures installed on the freeway shall not be allowed to penetrate the approach surface to the runways. (3) It is expressly intended that these covenants , burdens and restrictions shall run with the land and shall forever bind the parties hereto, their successors and assigns . IN WITNESS WHEREOF, the City of Little Rock has caused these presents to be executed by its Mayor, attested by its City Clerk and its corporate seal affixed May 13, 1976 , and the Arkansas State Highway Commission has caused these presents to be executed by its Director, on this 13th day of May, 1976. CITY OF LITTLE ROCK, ARKANSAS BY V . t t \ <i.-%:r. (SEAL) L) A ting Mayor ATTEST: #. .'_. << �+ City " lark ARKANSAS S ATE HIGHWAY COMMISSION D rector of the e _nsas State Highway Department • TS • 3-9- i7 STATE OF la.,(,1'L ) S5 COUNTY OF DD IT TtE ". .':BEERED, that on this day cai a before tha undersigned, a Notary Public, within; and io:r. the County and State ©foreaaidp duly connissioiad and acting Henry Gray, Director of the Arkansas State Highway Department to we well known az the Grantor in the .iore3oin g root umento and stated that he had executed the same for the consider- . ation and purposes therein mentioned and se` forth WITNESS my hand and seal as such Notary public on Chia /9 day of , 1976. ET A: Y Pu x C MY COMMISSION 2IR ES: ef" X51_ 7 • A C K N O W L E D G M E N T STATE OF ARKANSAS SS COUNTY OF PULASKI 4 On this 13th day of May , 1976 , before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared the within named P. A. Hollingsworth and Jane Czech - and being the/mayor gand City Clerk, respectively, of the City of Little Rock , Arkansas, a Municipal Corporation, and who had been designated by said corporation to execute the above instrument, to me well personally known, who stated that they were the Mayor and the City Clerk of said City of Little Rock, Arkansas, a Municipal Corporation, and were duly authorized in thcir rcspcctive capacities to execute the fore wing iiisi.t'u.iueuv for and in the name and on the behalf of said Municipal Corporation, 4 and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 13th day of May , ' 19 76 • NOTARY PUBLIC Yy Commission Expires:. 4-1-77 • Y ✓ . 1 Tract No. 303-E T E M P O R A R Y C O N S T R U C T I O N E A S E M E N T KI W ALL MEN BY THESE PRESEffIS: THAT City of Little Rock: (Airport Commission) for and in consideration of One Dollar ( $1 .00 ), and other valuable considerations, to UE cash in hand paid by the Arkansas State Highway Commission, the receipt of which is hereby acknowledged, do hereby give and grant to the Arkansas State Highway Commission, it successors and assigns an exclusive temporary right of way and temporary easement for the sole purposes necessary for Highway construction, Arkansas State Highway Commission Job No. 60027 , together with free ingress and egress, to, across, through and over the following lands situated in the County of Pulaski , State of Arkansas. LEGAL DESCRIPTION Part of the Southeast Quarter of the Southeast Quarter of Section 7 and the Northeast Quarter of the Northeast Quarter of Section 18, Township 1 North, Range 11 West, Pulaski County, Arkansas, more particularly described as follows: Beginning at a point which is 50 feet right of and perpendicular to centerline station 56+00 of Relocated Jones St. ; thence South 10° 15 ' 37" West a distance of 102.0 feet to a point; thence South 02° 08' 13" West a distance of 234.3 feet to a point on the centerline of Roosevelt Road; thence North 87° 51 ' 47" West along said centerline of Roosevelt Road a distance of *431.9 feet to a point; thence North 55° 58' 47" East a distance of 281.9 feet to a point; thence North 33° 43' 57" East a distance of 237.3 feet to a point; thence South 68° 25' 47" East a distance of 100.0 feet to the point of beginning and containing 1.87 Acres, more or less. WH/map 2-24-76 together with the rights, easements and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. This temporary easement as conditioned above shall terminate when Arkansas State Highway Commission Job No. 60027 has been completed by the contractor and accepted by the Arkansas State Highway Commission. TO HAVE AND TOi-ULD the same unto the said Arkansas State Highway Commission and to its successors and assigns for and during the term aforesaid and for the pruposes hereinabove set forth. WITNESS hand on this 13th day of May , 19 76 • (:P a , S ,,,, A g Mayor ��' � (SEAL) C '_ y Clerk c A C K N O W L E D G M E N T• • • STATE OF Arkansas • SS COUNTY OF Pulaski On this 13th day of May , 1976 , before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared the within named P. A. Hollingsworth and Jane Czech and being the/Aayorgand City Clerk, respectively, of the City of Little Rock , Arkansas, a Municipal Corporation, and who had been designated by said corporation to execute the above instrument, to me well personally known, who stated that they were the Mayor and the City Clerk of said City of Little Rock, Arkansas, a Municipal Corporation, and were duly authorized in their respective capacities to execute the fc i et ring ViLV1 for and in the name and on the behalf of said Municipal Corporation, • and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 13th day of May 1976 •• • NOTARY PUBLIC ' Commission Expires:. ti 4-i-77 •