HomeMy WebLinkAbout6398 RESOLUTION NO 6,398
A RESOLUTION ACCEPTING AND AUTHORIZING THE
EXECUTION OF A PERPETUAL EASEMENT (AIR SPACE)
FROM THE MISSOURI PACIFIC RAILROAD COMPANY
FOR AIR SPACE BEGINNING AT AND BEING ABOVE
MEAN SEA LEVEL 287.75 OVER A PORTION OF THE
RIGHT OF WAY OF THE MISSOURI PACIFIC RAILROAD
LOCATED IN THE SE', NE1, SECTION 3, TOWNSHIP 1
NORTH, RANGE 12 WEST, PULASKI COUNTY, ARKANSAS
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1. The City of Little Rock hereby acknowledges receipt, as Grantee, from
the Missouri Pacific Railroad Company, as Grantor, of a perpetual easement (air space)
as a gift, of all that certain air space beginning at and being above mean sea level
elevation 287.75 feet over a right of way of the Missouri Pacific Railroad located in
the SE', NE4, Section 3, Township 1 North, Range 12 West, Pulaski County, Arkansas,
more particularly described as set forth in the said perpetual Easement attached hereto
as Exhibit "A" and made a part hereof the same as though set out herein word for word.
SECTION 2. The Mayor and City Clerk, or Assistant City Clerk, acting for and on
behalf of the City, are hereby authorized to execute said easement and to accept said
instrument on the part of the city and the terms and conditions therein agreed to in
perpetuity.
SECTION 3. This Resolution shall be in full force and effect from and after its
adoption.
ADOPTED: August 5, 1980
ATTEST: 2aita ., A4 444C APPROVED: ///
City Clerk (Assistant) Mayor
'T 9 l
80-35722 S e� �� �. 3
FILED & RF"r)kG,FD
PERPETUAL EASEMENT (AIRSPACE) AU` 22 ? „ 'ag
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PULAM CC. IRCU;:CLERK
KNOW ALL MEN BY THESE PRESENTS :
That Missouri Pacific Railroad Company, a Delaware
corporation duly authorized to do business in the State of Arkansas
("Grantor") , does hereby give, grant, bargain and convey
unto the City of Little Rock, Arkansas , a city of the first
class under the laws of the State of Arkansas ("Grantee") , subject
to the conditions hereafter expressed, a perpetual and exclusive
easement for the purpose of constructing, installing and main-
taining improvements within the following described airspace:
All that certain airspace beginning at and
being above mean sea level elevation 287. 75
feet over the following described property
located in Little Rock, Pulaski County,
Arkansas :
A tract of land located in the SE4, NE4,
Section 3, Township 1 North, Range 12 West,
Pulaski County, Arkansas , said tract con-
sisting of a portion of the right of way
of the Missouri Pacific Railroad, said
tract being owned in fee simple absolute
by Missouri Pacific Railroad Company and
being more particularly described as follows :
Commencing at the SW corner of fractional Block
80, Original City of Little Rock; thence along a
northerly extension of the East right of way line
of Ashley Street N 00° 12 ' 36" E 363. 62 feet to
a point, said point being on the South right of
way line of the Missouri Pacific Railroad and
the point of beginning; thence continuing N 00°
12 ' 36" E 33. 51 feet to a point, said point being
on the North right of way line of the Missouri
Pacific Railroad; thence Northeasterly along said
North right of way line of the Missouri Pacific
Railroad along a curve to the left having a radius
of 865. 32 feet for a distance of 66 . 25 feet, said
curve having a chord bearing and distance of N 88°
58 ' 35" E 66 . 23 feet; thence continuing along said
North right of way line N 86° 46 ' 59" E 66 . 49 feet
to a point; thence Southeasterly along said North
right of way line along a curve to the right having
a radius of 1166 . 08 feet for a distance of 139 . 49
feet, said curve having a chord bearing and distance
of S 89° 47 ' 24" E 139 . 41 feet; thence S 00° 12 ' 36"
W 33. 56 feet to a point, said point being on the South
right of way line of the Missouri Pacific Railroad;
thence Northwesterly along said South right of way
line of the Missouri Pacific Railroad along a curve
to the left having a radius of 1132. 58 feet for a
distance of 137. 49 feet, said curve having a chord
bearing and distance of N 89° 44 ' 22" W 137. 41 feet;
LZG1. �
80-357,4%12
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thence continuing along said South right of way
line S 86° 46 ' 59" W 66. 49 feet to a point; thence
Southwesterly along said South right of way line
along a curve to the right having a radius of
893. 82 feet for a distance of 68 . 25 feet, said
curve having a chord bearing and distance of
S 88° 57 ' 30" W 68. 24 feet to the point of beginning,
and containing 9 ,120 square feet or 0 . 209 acres ,
more or less .
To have and to hold the same unto the said Grantee
and unto its successors and assigns forever, subject, however,
to the following conditions :
1. Grantee will use and occupy the above described
airspace solely for the purpose of constructing, operating
and maintaining a multipurpose civic-convention hotel center
with the bottom of such structure being so constructed as to
be at or above mean sea level elevation 287. 75 feet over the
above described real property, all in accordance with plans and
specifications of Grantee.
2. Grantee shall at all times , at its own expense,
keep and maintain in thorough repair and in good and safe con-
dition all improvements within the above described airspace
and the equipment and appurtenances to the improvements , both
inside and outside, structurally and nonstructurally, extra-
ordinary and ordinary, however the necessity or desirability
for repairs may occur, and whether or not necessitated by wear,
tear, obsolescence, defects, latent or otherwise.
3. Grantee , at its sole expense, shall comply with
all laws, orders and regulations of the federal, state and municipal
authorities, and with any direction of any public officer, pursuant
to law, which shall impose any duty upon Grantee with respect to
the above described airspace. Grantee, at its sole expense,
shall obtain all licenses or permits which may be required for the
conduct of its business within the above described airspace ,
or for making of repairs , alterations , improvements or additions ,
and Grantor, where necessary, will join with Grantee in applying
for all such permits or licenses.
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4 . After improvements are constructed within the above
described airspace, Grantee shall keep such improvements insured
against the following:
(a) Comprehensive public liability insurance with
limits of such of at least $1,000, 000 for bodily injury and
$1,000, 000 for property damage. All such policies of insurance
shall name the Grantor as an additional insured. All such policies
shall, to the extent obtainable, contain an agreement by the
insuror that such policy shall not be cancelled without at least
ten (10) days prior written notice to Grantor and Grantee. Copies
of all such policies or certificates of insurance coverage, shall
be delivered to Grantor.
(b) Grantee shall further indemnify and save harmless
Grantor against any expense or liability of whatever nature re-
sulting from any claims, including those made by employees of
Grantor, for personal injury, death or property damage arising out
of the erection, maintenance and operation of the buildings or
business and activities conducted thereon.
(c) Grantee shall promptly, on demand, reimburse Grantor
for all loss and damages to Grantor ' s retained property and Grantor' s
operations thereon, and to trains and related facilities operated
by Grantor over its retained property, resulting from the erection,
maintenance and operation of the buildings or business of Grantee
within the above described airspace.
5. It is understood that Grantor uses the surface and
airspace below the airspace herein granted as railroad right of way.
In the exercise of the right and title herein granted Grantee shall
take no action which would interfere with Grantor ' s continued use
of its retained property, both during the construction period and
thereafter. In this connection, Grantee acknowledges and agrees
that all responsibility for construction of improvements within and
adjoining the above described airspace in such a manner as to
adequately protect same from noise, smoke, fumes, dust, vibrations,
and similar factors caused by Grantor ' s operation of railroad
locomotives, trains and related facilities, including track repairs
and maintenance, shall be and shall continue to be upon Grantee,
and that Grantor shall not be liable to Grantee for any damages
resulting from such noise, smoke, funds, dust, vibrations, and
similar factors .
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6 . The ownership of the property retained by Grantor
and that herein granted Grantee is , and shall remain, several
and distinct.
7. It is the intention of the Grantor to grant to
Grantee the perpetual right to erect, maintain, own and use improve-
ments within the above described airspace for the purposes herein
stated.
8. No consideration of any kind was paid for the
grant of this perpetual easement and Grantor intends this grant
as a gift to Grantee.
9. Grantee accepts this conveyance subject to the
conditions and agreements heretofore set forth which shall
run with the airspace herein conveyed and shall be construed as
real covenants running with the airspace herein conveyed and
bind all future owners thereof with the same force and effect
as if future owners had by express agreement in writing assumed
to perform and observe all of said conditions and agreements.
IN WITNESS WHEREOF, Grantor has hereunto set its hand
and seal this ,2j4 day of July, 1980 .
MISSOURI PACIFIC RAILROAD COMPANY
7
By
ATTEST:
SEAIOR VICE PRESIDENT & GENERAL COUNSEL
By
(SEAL)
ACCEPTED and conditions expressly agreed to in
perpetuity.
CITY OF LITTLE ROCK, ARKANSAS
ATTEST: By
d3ir-49 Mayor
Cit- C erk This instrument prepared by:
Joseph C. Kemp, Attorney
(SEAL) Kane Building
2nd and Center Streets
Little Rock, Arkansas 72201
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ACKNOWLEDGMENT
STATE OF 4�avart )
ss.
COUNTY OF ,,, ea.:)) )
On this day personally appeared before me , the under-
signed, a notary public in and for the County and State aforesaid,
duly qualified and acting, M `NNELLY and
J. A. HESSE , to me well known to be the
SENIOR VICE PRESIDENT & 6LNERAI I UI, EL and tool ntant tie' ret'sry
respectively, of Missouri Pacific Railroad Company„ a Delaware
corporation, who stated that they were designated by said
corporation and were duly authorized in their respective
capacities to execute the foregoing instrument for and in the
name and behalf of said corporation, and further stated and
acknowledged that they had so signed, executed and delivered
said Perpetual Easement for the consideration, uses and purposes
therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand
and seal this ,."2 ., day of July, 1980.
Notary Public '
My Commission Expires:
JOANN SANDERS
0(1/4j/ NOTARY PUBUC, STATE OF MISSOURI
MY COMMISSION EXPIRES SEPT. 10. 1982
CITY OF ST. LOUIS
(SEAL)
Y g
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ACKNOWLEDGMENT
STATE OF )
ss.
COUNTY OF
On this day personally appeared before me, the under-
signed, a notary public in and for the County and State aforesaid,
duly qualified and acting, Webb Hubbell and
Jane Czech , to me well known to be the
Mayor and City Clerk, respectively, of the City of Little Rock,
Arkansas, who stated that they were designated by the City and
were duly authorized in their respective capacities to execute
the foregoing instrument for and in the name and behalf of said
City, and further stated and acknowledged that they had so signed,
executed and delivered said Perpetual Easement for the consideration,
uses and purposes therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and
seal this .2/,J. day of , 1980.
0.2■LL /47-e0a.
Notary Public
My Commission Expires :
(SEAL)