11946RESOLUTION NO. 11,946
2
3 A RESOLUTION TO AUTHORIZE THE MAYOR AND THE
4 CITY CLERK TO GRANT A RIGHT -OF -WAY EASEMENT FOR
s THE PURPOSE OF CONSTRUCTING A SEWER LINE OVER A
6 PORTION OF CERTAIN LAND OWNED BY THE CITY OF
7 LITTLE ROCK, LOCATED IN OAK FOREST GARDENS ANNEX
s PARK IN THE CITY OF LITTLE ROCK, PULASKI COUNTY;
9 AND FOR OTHER PURPOSES.
IN
I 1 WHEREAS, it is necessary for Little Rock Wastewater Utility to construct certain
12 sewer lines and to acquire an additional easement over certain land owned by the City
13 of Little Rock, Arkansas, located in the Remmel Addition in the City of Little Rock,
14 Arkansas;
15 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
16 THE CITY OF LITTLE ROCK, ARKANSAS:
17 Section 1. The Mayor and City Clerk are hereby authorized to execute the
18 necessary documents to grant a right -of -way easement to the City of Little Rock for the
19 use and benefit of the Little Rock Sanitary Sewer Committee for the purpose of
20 constructing a certain sewer line on land located in Oak Forest Gardens Annex Park,
21 within the City of Little Rock. The right -of -way easement is attached hereto, identified
22 as Exhibit "A ".
23 Section 2. Severability. In the event any title, section, paragraph, item, sentence,
24 clause, phrase, or word of this resolution is declared or adjudged to be invalid or
25 unconstitutional, such declaration or adjudication shall not affect the remaining
PACE 1 OF 21
Resolution
To authorize ROW easement to LR Sanitary Sewer Committee
I portions of the resolution which shall remain in full force and effect as if the portion so
2 declared or adjudged invalid or unconstitutional was not originally a part of the
3 resolution.
4 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that
5 are inconsistent with the provisions of this resolution, are hereby repealed to the extent
6 of such inconsistency.
7 ADOPTED: MARCH 15, 2005
8 ATTEST: APPROVED:
9 ry
10 zz/�
11 Na cy W od, City Clerk Ji ailey, Mayor
12
13 APPROVED AS TO FORM:
14 /t
15
16 Thomas M. Carpenter, Cit�torneyy
17
18
19
20
21
22
23 I/
24
25
26
27
[PAGE 2 OF 21
Resolution
To authorize ROW easement to LR Sanitary Sewer Committee
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OAK FOREST GARDENS ANNEX PARK EASEMENT
or
RIGHT OF WAY EASEMENT
KNOW BY ALL MEN THAT PRESENT:
THAT the City of Little Rock, GRANTOR, a Municipality existing pursuant to the
laws of the State of Arkansas, organized under and by virtue of the laws of the
State of Arkansas, by its Mayor and City Clerk, duly authorized by proper
resolution of its Board of Directors, for and in consideration of the sum of
One Dollar ($1.00), 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:
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,
own, operate, maintain, repair, replace, reconstruct, test, inspect, permit
construction and maintenance of any connections thereto and add sewer mains and
sewer lines whether one or more, appurtenances thereto, including those needed
for automatic data measurement and transmission, now and at different times in
the future, and without the payment of additional 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(S) 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(S) may
pave the easement surface and may use it for driveways, walks or parking
areas. The GRANTOR(S) 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:
1.) A 20 foot wide permanent sanitary sewer easement across a part of Oak
Forest Gardens Annex Park in the City of Little Rock, Pulaski County,
Arkansas, said easement being 10 feet on each side of a centerline more
particularly described as follows: Commencing at the Southwest corner of said
Oak Forest Gardens Annex Park; thence N 870 12' 25" W along the South line of
said Oak Forest Gardens Annex Park to a point, said point being the Point Of
Beginning; thence N 3° 08' 44" E a distance of 137.49 feet to a point; thence
N 40° 14' 07" E a distance of 86.40 feet to a point; thence N 88° 17' 58" E a
distance of 6.50 feet to a point on the East line of said Oak Forest Gardens
Annex Park and the termination point of this easement, containing 4, 608
square feet, more or less.
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
1
Exhibit "A"
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 damages 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(S) 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.
It is hereby understood by the parties hereto that in the event it becomes
necessary in the judgment of the City of Little Rock to relocate the sewer
line, manhole and appurtenances thereto, to be located within the easement
granted herein or such other easement that GRANTOR(S) shall provide at no
expense to GRANTEE, that the Little Rock Sanitary Sewer Committee will bear the
cost of all such reasonable expenses incurred by the City which are directly
attributable to and arise out of the relocation.
And GRANTOR(S) covenants with GRANTEE, its successors and assignees, 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 Mayor
and its seal affixed by its City Clerk, this day of ,
2005.
By:
Attest:
NaFit Wood, ity Clerk
Jim Dailey, Mayor
2
Exhibit "A"
ACKNOWLEDGMENT
STATE OF ARKANSAS )
}
COUNTY OF PULASKI )
On this day personally appeared before the undersigned, a Notary Public
within and for the County and State aforesaid, duly qualified, commissioned and
acting, Jim Dailey and Nancy Wood, to me well known who stated that they were
the Mayor and City Clerk of Little Rock, a municipality existing pursuant to
the laws of the State of Arkansas, and were duly authorized in their respective
capacities to execute the foregoing easement for and in the name and behalf of
said municipality, 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 ,2005.
My Commission Expires:
(SEAL)
Notary Public
3
Exhibit "A"
Description: A 20 foot sanitary sewer easement across a part of Oak Forest
Gardens Annex Park in the City of Little Rock, Pulaski County Arkansas,
said easement being 10 feet on each side of a centerline more particularly
described as follows: Commencing at the Southeast corner of said Oak
Forest Gardens Annex Park thence N87 °1225 "W along the South line of
said Oak Forest Gardens Annex Park to a point said point being the Point
Of Beginning; thence N3 008'44 "E a distance of 137.49 feet to a point;
thence N40 °14'07 "E a distance of 86.40 feet to a point; thence N88 °17'58"
a distance of 6.50 feet to a point on the East line of said Oak Forest
Gardens Annex Park and the termination point of this easement, containing
4,608 square feet more or less.
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THIS PLAT IS FOR THE PURPOSE OF ACQUIRING A
SANITARY SEWER EASEMENT AND DOES NOT REPRESENT
A BOUNDARY SURVEY
Little Rock
O Wastewater
Utility
RIGHT -OF -WAY
EASEMENT
83/24/2805 08:40:38 AM
Filed & Recorded in
Official Records of
PAT O'BRIEN
RIGHT OF WAY EASEMENT PULASKI COUNTY
CIRCUIT /COUNTY CLERK
Fees 417.08
KNOW BY ALL MEN THAT PRESENT:
THAT the City of Little Rock, GRANTOR, a Municipality existing pursuant to the
laws of the State of Arkansas, organized under and by virtue of the laws of the
State of Arkansas, by its Mayor and City Clerk, duly authorized by proper
resolution of its Board of Directors, for and in consideration of the sum of
One Dollar ($1.00), 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:
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,
own, operate, maintain, repair, replace, reconstruct, test, inspect, permit
construction and maintenance of any connections thereto and add sewer mains and
sewer lines whether one or more, appurtenances thereto, including those needed
for automatic data measurement and transmission, now and at different times in
the future, and without the payment of additional 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(S) 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(S) may
pave the easement surface and may use it for driveways, walks or parking
areas. The GRANTOR(S) 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:
1.) A 20 foot wide permanent sanitary sewer easement across a part of Oak
Forest Gardens Annex Park in the City of Little Rock, Pulaski County,
Arkansas, said easement being 10 feet on each side of a centerline more
particularly described as follows: Commencing at the Southwest corner of said
Oak Forest Gardens Annex Park; thence N 870 12' 25" W along the South line of
said Oak Forest Gardens Annex Park to a point, said point being the Point Of
Beginning; thence N 3° 08' 44" E a distance of 137.49 feet to a point; thence
N 40° 14' 07" E a distance of 86.40 feet to a point; thence N 880 17' 58" E a
distance of 6.50 feet to a point on the East line of said Oak Forest Gardens
Annex Park and the termination point of this easement, containing 4, 608
square feet, more or less.
Upon completion of the initial or any subsequent work by the Liter R&�k7C
Sanitary Sewer Committee, the Little Rock Sanitary Sewer Commit
backfill and thoroughly compact all excavations to minimize settling'%;
level the surface over its excavations and pipelines, removeCe�95
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Exhibit "A"
UNII,p�� �
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 damages 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(S) 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.
It is hereby understood by the parties hereto that in the event it becomes
necessary in the judgment of the City of Little Rock to relocate the sewer
line, manhole and appurtenances thereto, to be located within the easement
granted herein or such other easement that GRANTOR(S) shall provide at no
expense to GRANTEE, that the Little Rock Sanitary Sewer Committee will bear the
cost of all such reasonable expenses incurred by the City which are directly
attributable to and arise out of the relocation.
And GRANTOR(S) covenants with GRANTEE, its successors and assignees, 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 herunto affixed by its Mayor
and its seal affixed by its City Clerk, this 23ea day of A44ACh
2005.
By:
Ji ailey, Mayor
Attest:
Nan Wood, ity Clerk
2
Exhibit "A"
Description: A 20 foot sanitary sewer easement across a part of Oak Forest
Gardens Annex Park in the City of Little Rock, Pulaski County Arkansas,
said easement being 10 feet on each side of a centerline more particularly
described as follows: Commencing at the Southeast corner of said Oak
Forest Gardens Annex Park thence N87 °12'25 "W along the South line of
said Oak Forest Gardens Annex Park to a point said point being the Point
Of Beginning; thence N3 008'44 "E a distance of 137.49 feet to a point;
thence N40 014'07 "E a distance of 86.40 feet to a point; thence N88 017'58"
a distance of 6.50 feet to a point on the East line of said Oak Forest
Gardens Annex Park and the termination point of this easement, containing
4,608 square feet more or less.
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THIS PLAT IS FOR THE PURPOSE OF ACQUIRING A ~'461,60 4860641
SANITARY SEWER EASEMENT AND DOES NOT REPRESENT
A BOUNDARY SURVEY
ILittle Rock
Wastewater
Utility
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF PULASKI )
On this day personally appeared before the undersigned, a Notary Public
within and for the County and State aforesaid, duly qualified, commissioned and
acting, Jim Dailey and Nancy Wood, to me well known who stated that they were
the Mayor and City Clerk of Little Rock, a municipality existing pursuant to
the laws of the State of Arkansas, and were duly authorized in their respective
capacities to execute the foregoing easement for and in the name and behalf of
said municipality, 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. 1 jj
WITNESS my hand and official seal on this day of ,2005.
Not ry Public
My Canis sio ; Expires:
(SEAL)
OW
A
:NOTARY.
o PUBLIC
C®uN
3
Exhibit "A"