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RESOLUTION NO. 8,276
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO GRANT A RIGHT -OF -WAY EASEMENT TO THE LITTLE
ROCK SANITARY SEWER COMMITTEE AND THE LITTLE ROCK
WASTEWATER UTILITY FOR THE PURPOSE OF REPLACING A
MAJOR TRUNK LINE AT HINDMAN PARK.
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
to grant a Right -of -Way Easement on behalf of the City of Little
Rock, Arkansas, to the Little Rock Sanitary Sewer Committee and
the Little Rock Wastewater Utility for the purpose of replacing a
major trunk line at Hindman Park. The right -of -way easement deed
is attached hereto as Exhibit A.
ADOPTED: April 3, 1990
ATTEST:
CZECH
APPROVED AS T FORM:
MARK STODOLA, CITY ATTORNEY
APPROVED:
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MAYOR FIWYD G. VILLINF.S, III
P-q0
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121
RIGHT OF WAY EASEMENT
(CORPORATION)
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Little Rock, GRANTOR a Corporation organized
under and by virtue of the laws of the State of Arkansas, by its
Vice Mayor and city Clerk, duly authorized by proper resolution of
its Board of Directors, for and in consideration of the sum of
Dollars ($ ), and other valuable
consideration paid by the Little Rock Sanitary Sewer Committee, the
receipt of which is hereby acknowledged, do hereby, subject to prior
recorded mortgages and easements, if any, grant, bargain, sell and
convey unto the City of Little Rock, Arkansas, for the use and
benefit of the Little Rock Sanitary Sewer Committee, GRANTEE, and
unto its successors and assigns forever, the following described
easement:
1. A PERMANENT RIGHT, PRIVILEGE AND EASEMENT for the purpose
of permitting the Little Rock Sanitary Sewer Committee and the
Little Rock Wastewater Utility to clear and keep clear the surface
of the right -of -way and (a) to lay, construct, operate, maintain,
repair, replace, reconstruct, test, inspect and add sewer mains and
sewer lines whether one or more, and without the payment of addi-
tional compensation therefore; (b) keeping the easement clear of all
buildings and other improvements of any kind; and (c) having the
right to free ingress and egress across adjacent lands of the
GRANTOR(S) to the lands hereinafter described. Subject to prior
easements of record and except as hereinafter stated, the Little
Rock Sanitary Sewer Committee shall have the exclusive use of this
right -of -way and easement; and the GRANTOR may hereinafter use the
surface of the easement for any purpose not inconsistent with the
rights hereby conveyed, but may not place a building, footing, wall,
structure, or other improvement upon the right -of -way except that,
after the initial sewer construction is completed, the GRANTOR may
pave the easement surface and may use it for driveways, walks or
parking areas. The GRANTOR may permit other utility service to
cross this easement at approximately right angles, but only if such
utilities first comply with whatever specifications the Little Rock
Sanitary Sewer Committee and the Little Rock Wastewater Utility may
designate at the time for the protection of its own facilities.
This permanent easement shall be upon the following described lands
situated in Pulaski County, Arkansas, to -wit:
A 20 foot sanitary sewer easement being a part of the NW
1/4 of Section 25 and a part of the NE 1/4 of Section
26, Township 1 North, Range 13 West, City of Little
Rock, Pulaski County, Arkansas, said easement lying 10
feet left of and congruent to and 10 feet right of and
congruent to the following described centerline:
Commencing at a found iron pin, said iron pin being the
angle point on the West line of Lot E, Brookwood
Addition to the City of Little Rock, Pulaski County,
Arkansas; thence N 7° 14' 00" W, along the West line of
said Brookwood Addition, 181.50 feet to the centerline
of an existing 24 -inch sanitary sewerline; thence S 60
24' 34" W, along said sanitary sewer line, 148.55 feet
to the center of an existing sanitary sewer manhole;
thence continuing along said centerline, S 520 26' 53"
W, 124.0 feet to the Point of Beginning; thence N 14°
20' 51" E, 272.52 feet; thence N 0 28' 40" W, 310.7
feet; thence N 16' 01' 18" E, 322.42 to a point on the
centerline of an existing 42 -inch sanitary sewer line
for the end point of the above described centerline,
said end point lying N 850 51' 11" E, 82.0 feet from an
existing sanitary sewer manhole.
0
M M M M
122
2. A TEMPORARY RIGHT, PRIVILEGE AND EASEMENT for the purpose
of permitting the Little Rock Sanitary Sewer Committee and the
Little Rock wastewater Utility to remove all timber and obstructions
therefrom and to make excavations, store excavated materials, tools,
supplies and equipment and provide working space. This temporary
easement shall begin when the Little Rock Sanitary sewer Committee
and the Little Rock Wastewater Utility commence the initial work on
the permanent easement and shall terminate one year after that date
or when that work is completed, whichever is earlier. This
temporary easement shall be upon the following described lands
situated in Pulaski County, Arkansas, to -wit:
A 30 foot temporary construction easement, said easement
lying 30 feet right of and adjacent to the above
described sanitary sewer easement.
Upon completion of the initial or any subsequent work by the
Little Rock Sanitary Sewer Committee, the Little Rock Sanitary Sewer
Committee shall backfill and thoroughly compact all excavations to
minimize settling and shall level the surface over its excavations
and pipelines, remove all excess excavated materials and debris and
leave the premises in a clean sanitary condition. If the initial or
any subsequent work by the Little Rock Sanitary Sewer Committee dam-
ages any fence, curb or paved surface upon the rights -of -way, the
Little Rock Sanitary Sewer Committee, at its expense, shall repair
or replace the damaged portion with materials of like quality and as
nearly as possible to its prior condition.
The execution of this easement does not give the GRANTOR the
right to connect to or receive service from any sewer or wastewater
facility; the right to make connections and receive service shall be
subject to the rules, regulations, policies or ordinances in effect
at the time of application.
To have and to hold said easements, rights and privileges unto
the GRANTEE, and unto its successors and assigns forever, for the
purposes aforesaid.
And GRANTOR(S) covenants with GRANTEE, its successors and as-
signees, that subject to prior recorded mortgages and easements, if
any, it will forever warrant and defend the title to said easements
and rights against the claims of all persons whomsoever and that
GRANTEE, its successors and assigns, shall have at all times the
quiet use of enjoyment of said easements and rights.
IN WITNESS WHEREOF, the name of the GRANTOR is hereunto affixed
by its Vice Mayor and its seal affixed by its City Clerk, this _
day of 1990.
CITY OF LITTLE ROCK, ARKANSAS
By:
ATTEST:
JANE CZECH, CITY CLERK
(Corporate Seal)
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
123
on this day personally appeared before the undersigned, a
Notary Public within and for the County and State aforesaid, duly
qualified, commissioned and acting,
and , to me well known who stated that they
were the Vice Mayor and City Clerk, of LITTLE ROCK, a Corporation,
and were duly authorized in their respective capacities to execute
the foregoing easement for and in the name and behalf of said
Corporation, and further stated and acknowledged that they had so
signed, executed and delivered said easement for the consideration,
uses and purposes therein mentioned and set forth.
WITNESS my hand and official seal on this day of
1990.
Notary Public
My Commission Expires:
(SEAL)