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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resolutions, or parts of the same, that 5 are inconsistent with the provisions of this resolution, are hereby repealed to the extent 6 of such inconsistency. 7 ADOPTED: MARCH 15, 2005 8 ATTEST: APPROVED: 9 ry 10 zz/� 11 Na cy W od, City Clerk Ji ailey, Mayor 12 13 APPROVED AS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 LRRV IIAPBp'X IY6nM Affusa mEm Eviiolvh •YenIDA nvN 51 Ammer Little Rock eworoaa �Uility water COLEMAN CREEK OUTFALL mo,e: wnmo VWANITY MAP o� xro�uc 1 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. N /Nt O� h� S �Qa b .00F � .1 �_!L I 1 ► b- zl I ► N87 °12'25 "W S87 °12'40 "E 196.28' P.o.e, N88° 17'58 "E 0) N N w N z • ��j. � � S! �lv I�1 •••p• 41� KANSAS •+ NU. 1138 L LAND .•*' W.. uaN•4� 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 LLJ ♦ t4 ., 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. tk O� 'A h� S �Qa -10 S6F •oo I I ► Qa� I I o� I I W I I �'�o I Z I pa I I I I N87'1 2'25"W S87 °12'40 "E 196.28' T P.O.e. N88° 17'58 "E o� rn of N N w v N Z ••••• �T • a•a'j •a ,s ead•� v "� �.7 � C3F'a• a .A.`KgNSgS aa': NV• ••r 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"