3341 RESOLUTION NO. 3 ,341
A RESOLUTION AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK OF THE CITY OF LITTLE
ROCK, ARKANSAS, TO EXECUTE A RIGHT-OF-WAY
PERMIT TO ARKANSAS POWER & LIGHT COMPANY,
SUBJECT TO CERTAIN CONDITIONS, GRANTING
ARKANSAS POWER & LIGHT COMPANY AUTHORITY
TO CONSTRUCT AND MAINTAIN ELECTRIC TRANS-
MISSION LINES ON CERTAIN LANDS BELONGING
TO THE CITY OF LITTLE ROCK, ARKANSAS,
SUBJECT TO CERTAIN CONDITIONS; AND FOR
OTHER PURPOSES.
WHEREAS, Arkansas Power & Light Company desires to erect,
operate and maintain an electric transmission line across
certain lands belonging to the City of Little Rock, Arkansas,
for the purpose of extending and improving its services to
residents of the City of Little Rock and other persons; and
WHEREAS, the City of Little Rock will benefit from the
granting of such right-of-way by reason of improved servicesto
its residents; and
WHEREAS, Arkansas Power & Light Company is willing to pay
the sum of One Dollar ($1.00) for and in consideration of said
right-of-way, together with the easements, rights and privileges
contained in a right-of-way permit, which consideration is here-
by found to be a fair and just compensation; and
WHEREAS, prior to the execution of said right-of-way permit,
it is found to be necessary to insure that the lands over which
said power lines are to be constructed and which are subject to
the aforesaid easement will not revert to the predecessors in
title to the City of Little Rock and it is desirable that certain
other parties in interest convey a similar right-of-way permit
and otherwise convey such interests as will avoid any reversion
of lands to the detriment of the City of Little Rock;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The Mayor and City Clerk of the City of Little
Rock are hereby authorized and directed to execute a right-of-way
permit running in favor of Arkansas Power & Light Company for
the consideration of One Dollar ($1.00), and subject to the
subsequent sections of this resolution, which right-of-way
permit is in form and substance as follows:
*IQiT-CF-WAY PERMIT
KNOW ALL MEN BY THESE PRESENTS:
That the City of Little Rock, Arkansas, a municipal cor-
poration, through its Mayor and City Clerk, properly authorized
by its Board of Directors, hereinafter called Grantor for and
in consideration of the sum of
Dollars ($ ) , and other good and
valuable consideration, paid by the Arkansas Power & Light Company
to the City of Little Rock, Arkansas, the receipt and sufficiency
of which is hereby acknowledged, does hereby grant and convey unto
the said Arkansas Power & Light Company, an Arkansas corporation,
hereinafter called Grantee, and unto its successors and assigns,
the right, privilege and easement to build and maintain over and
across the land hereinafter described four lines of metal or wood
towers or structures upon which may be strung wires and cables for
the transmission of electric current and for such other uses as
may be necessary to the business of Grantee, its successors and
assigns. The rights hereby conferred provide for the privilege
and authority to enter upon said lands for the purpose of construc-
ting and building said pole lines , maintenance and operation thereof,
with the right to clear and keep clear a right of way, 356 .2 feet
in width, and to remove all other timber and obstructions that may
interfere with the use of said lines or that may or might be a
hazard to the use of the same , and for the repairing, reconstruc-
ting, operating and the removing of same at any and all times .
The said right of way hereby conferred shall be at or near
the pole line as staked or indicated, over and across the follow-
ing lands located and situated in Pulaski County, Arkansas, to-wit :
A part of the Southwest Quarter of the Northwest Quarter
of Section 9, Township 1 South, Range 13 West, being more
particularly described. as follows :
Commencing at the Southwest corner of the Northwest
Quarter of said Section 9; thence North 87 degrees 55
minutes East a distance of 300 feet to the point of
beginning; thence North 0 degrees 7 minutes West a dis-
tance of 250 feet to a point ; thence North 44 degrees
53 minutes East a distance of 141.42 feet to a point;
thence North 87 degrees 55 minutes East a distance of
490 feet to a point; thence South 0 degrees 7 minutes
East 350 feet to a point; thence South 87 degrees 55
minutes West a distance of 590 feet j o a point of begin-
ning, containing 4.62 acreg, more or less.
It is expressly understood and agreed that no structures
will be located on the lands hereinabove described and that the
said lines and right of way shall never be fenced by Grantee and
the Grantors shall have full and free use of said right of way
except for the purposes herein stated and the right to use said
property for a sewer lagoon, or to farm or cultivate, or otherwise
use said property by the Grantor except for the purposes herein
granted to the Grantee, is especially reserved, and if the Grantee
should ever permanently abandon the use of said right of way for
the purposes herein conveyed, it shall revert to the Grantor, its
successors and assigns .
IN TESTIMONY WHEREOF, the name of the Grantor is hereunto
affixed by its Mayor and its seal affixed by its City Clerk, this
day of , 1965.
CITY OF LITTLE ROCK, ARKANSAS
By
Mayor
ATTEST:
City Clerk
-2-
STATE OF ARKANSAS )
) ss ACKNOWLEDGMENT
COUNTY OF PULASKI )
On this day of , 1965, before me,
a Notary Public duly commissioned, qualified and acting, appeared
in person and
to me well known, and stated that they were the Mayor and City
Clerk, respectively, of the City of Little Rock, Arkansas, and
were duly authorized in their respective capacities to execute
the foregoing instrument for and in the name and behalf of said
City of Little Rock, Arkansas, and further stated and acknowledged
that they had so signed, executed and delivered said foregoing
instrument for the consideration and purposes therein mentioned
and set forth.
IN TESTIMONY WHERE(P, I have hereunto set my hand and
official seal this day of , 1965.
Notary Public
My commission expires :
SECTION 2. The authority and duty established in Section 1
hereof in connection with the execution of said right-of-way
permit is and shall be subject to the approval of the City
Attorney, who shall determine whether or not the execution of
said right-of-way permit will in any way cause a reversion of
the lands subject to the right-of-way permit in or to any
predecessor in title to the City of Little Rock because of said
conveyance in favor of Arkansas Power & Light Company for pur-
poses other than use as a sewage disposal lagoon or otherwise
breach any contracts or agreements between the City of Little
Rock and Jacuzzi Brothers, Inc., or any bond trustees. The
reverter to which reference is herein made is contained in
certain deeds dated October 2, 1961, and recorded in Record Book
775, page 475, and Book 775, page 482, respectively, of the
records of the Circuit Clerk and Ex-officio Recorder in and for
Pulaski County, Arkansas, through which deeds and subsequent
conveyances this City deraigns its title.
SECTION 3. It is further condition, upon the execution and
delivery of the said right-of-way permit, that the consideration
paid by Arkansas Power and Light Company to the City of Little
Rock and other interested parties, including but not limited to
the Union National Bank in Little Rock, Trustee, and Jacuzzi
Brothers, Inc., shall be allocated and apportioned among the
parties entitled thereto under and pursuant to any and all bond
indentures, lease-purchase or other instruments or contracts in
writing between the City of Little Rock and the aforesaid entities.
SECTION 4. This resolution shall be in full force and effect
from and after its adoption.
ADOPTED: May 17, 1965
ATTEST: / ILl,„„t/ APPROV/ :
City Clerk Asst.`t yor
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