3342 RESOLUTION NO. 3 ,342
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 AND LIGHT COMPANY,
GRANTING IT AUTHORITY TO CONSTRUCT AND
MAINTAIN AN ELECTRIC TRANSMISSION LINE ON
CERTAIN LANDS BELONGING TO THE CITY OF
LITTLE ROCK; AND FOR OTHER PURPOSES,
WHEREAS, Arkansas Power and Light Company desires to erect,
operate and maintain an electric transmission line across cer-
tain lands belonging to the City of Little Rock, Arkansas, for
the purpose of expanding and improving its services to residents
of the City of Little Rock and other persons; and
WHEREAS, said lands are owned by the City of Little Rock
for the use and benefit of the Parks & Recreation Department,
which has agreed that the permit hereinafter described may be
granted; and
WHEREAS, Arkansas Power and Light Company is willing to
pay the sum of Two Thousand and No/100 Dollars ($2,000.00) for
said right-of-way permit, which consideration is hereby found
to be fair and just compensation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. On behalf of the City of Little Rock, the
Mayor and City Clerk of said municipality are hereby authorized
and directed to execute the right-of-way permit for the con-
sideration aforesaid, which permit shall be in form and sub-
stance substantially as follows:
RIGHT-OF-WAY PERMIT
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Little Rock, Arkansas, a municipal corpora-
tion, through its Mayor and City Clerk, properly authorized by
its Board of Directors, hereinafter called GRANTOR, for and in
consideration of the sum of Two Thousand and No/100 Dollars
($2,000.00) and other good and valuable consideration paid by the
GRANTEE to the GRANTOR, the receipt and sufficiency of which is
hereby acknowledged, does hereby grant and convey unto the
Arkansas Power & Light Company, an Arkansas corporation, herein-
after called GRANTEE, and unto its successors and assigns, the
right, privilege and easement to build and maintain over, upon
and across the lands hereinafter described one (1) single line
of poles with necessary guys and supports upon which may be
strung wires and cables for the transmission of electric current
and for such otbe r uses as may be necessary to the business of
the GRANTEE, its successors and assigns. The rights hereby con-
ferred provide for the privilege and authority to enter upon
said lands for the purpose of constructing and building said
pole line, maintenance and operation thereof, and for the repair-
ing, reconstructing, 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, upon and across the
following lands located and situated in Pulaski County, Arkansas,
to-wit:
That part of Section 29, Township 2 North (T-2-N),
Range 12 West (R-12-W), lying North of CRI&P Rail-
road right-of-way and South of the Arkansas River
and North and West of Jordan Creek; and that part
of the Northeast Quarter (NEt) of Section 30,
Township 2 North (T-2-N) , Range 12 West (R-12-W)
lying North of CRI&P Railroad right-of-way.
Said pole line shall be metal, single pole construction and
shall be located generally along the North right-of-way line of
the access road to U.S. Corps of Engineers Lock and Dam No. 7
as staked and indicated by the drawing attached and made a part
hereof.
The following items are included in this settlement:
(1) Payment for the right to remove cottonwood tree
and trim pecan tree;
(2) Payment for right-of-way outside limits of access
road right-of-way as indicated.
Said GRANTEE agrees that it will pay other damages not
included in the above settlement inflicted by it in the con-
struction and maintenance of said line. The sum of such other
damages may be determined by mutual agreement and when same is
not mutually agreed upon by the GRANTOR and the GRANTEE, then
said damages shall be ascertained and determined by three (3)
disinterested persons, one (1) of whom shall be designated by
the GRANTOR, one (1) by the GRANTEE, its successors and assign ,
and the third (3rd) by the two (2) so appointed,shall be final g and
mously agreed award of such three (3) persons
conclusive of all such damage.
Right-of-Way Permit (Page 2.)
It is especially understood and agreed that the said lines
and right-of-way shall never be fenced by GRANTEE and the
GRANTOR shall have full and free use of said right-of-way
except for the purposes herein stated; and the right to farm
and cultivate and otherwise use said right-of-way by the
GRANTOR, except for the purposes herein granted to the GRANTEE,
is especially reserved; and if the GRANTEE should ever perman-
ently 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 City of Little Rock,
Arkansas, 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:
(Seal)
SECTION 2. This resolution shall be in full force and
effect from and after its adoption.
ADOPTED: May 17 , 1965
ATTEST:L-71 .v ? APPROV D:
City Clerk Asst. Ma
ifilOrr de opt,