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RESOLUTION NO. 121174
3 A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY
4 CLERK TO EXECUTE APPROPRIATE DOCUMENTS TO
5 TRANSFER CERTAIN REAL PROPERTY TO SPRINT
6 COMMUNICATIONS COMPANY L.P. FOR A UTILITY
7 EASEMENT; AND FOR OTHER PURPOSES.
9 WHEREAS, on August 14, 2001, Sprint Communications Company L.P.
10 ( "Sprint ") acquired from Union Pacific Railroad Company ( "Union Pacific ") a ten (10)-
11 foot wide utility easement along railroad tracks near Markham Street going east from
12 the Main Street Bridge and going through the River Market area, across property that
13 later became the William J. Clinton Presidential Park ( "Park "), and across adjoining
14 property (the "Heifer Property ") that was subsequently acquired by Heifer Project
15 International ( "Heifer ") for its headquarters, and
16 WHEREAS, after the City acquired fee simple title to property from Union
17 Pacific subject to the aforesaid utility easement granted to Sprint, it contemplated
18 removing the existing railroad tracks in the area, and
19 WHEREAS, given that Sprint's utility easement was measured, as shown in its
20 original survey, from the center of the railroad tracks and that the tracks were to be
21 removed, it became necessary for Sprint to re- survey its easement and the placement of
22 its telecommunications cable in the portion of the easement from the Main Street Bridge
23 near Markham Street east to the boundary of the Park, and
24 WHEREAS, because Sprint relocated its telecommunications system into a
25 public utility easement corridor on City right -of -way alongside the Heifer Property and
[PAGE 1 OF 91
Resolution
To approve Sprint Utility Easement
1 the Park, Sprint no longer has need for that portion of its utility easement that crosses
2 the Heifer Property and the Park, and
3 WHEREAS, Sprint has executed a partial release of its easement deed for that
4 portion of its utility easement that crosses the Park and the Heifer Property, in exchange
5 for the City's granting of a utility easement to replace that portion of Sprint's existing
6 easement from the Main Street Bridge near Markham Street east to the boundary of the
7 Park.
8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
9 THE CITY OF LITTLE ROCK, ARKANSAS:
10 Section 1. The Mayor and City Clerk are hereby authorized to execute on behalf
11 of the City an easement, in substantially the form of the document attached and labeled
12 Attachment 1, to Sprint Communications Company L.P. for a utility easement from the
13 Main Street Bridge near Markham Street east to the boundary of the William J. Clinton
14 Presidential Park.
15 Section 2. Severability. In the event any title, section, paragraph, item, sentence,
16 clause, phrase, or word of this resolution is declared or adjudged to be invalid or
17 unconstitutional, such declaration or adjudication shall not affect the remaining
18 portions of the resolution, which shall remain in full force and effect as if the portion so
19 declared or adjudged invalid or unconstitutional were not originally a part of the
20 resolution.
21 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that
22 are inconsistent with the provisions of this resolution, are hereby repealed to the extent
23 of such inconsistency.
24
25 ADOPTED: January 10, 2006
26
[PAGE 2 OF 91
Resolution
To approve Sprint Utility Easement
1 ATTEST:
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4 Na cy Wo d, City Clerk
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6 APPROVED AS TO FORM:
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8 %L�o -�, •
9 Thomas M. Carpenter, City A torney
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[PAGE 3 OF 91
Resolution
To approve Sprint Utility Easement
APPROVED: �_
Jim ailey, Mayor
1 Attachment 1
2
3 EASEMENT
4
5
6 KNOW ALL PERSONS BY THESE PRESENTS:
7
8 That the CITY OF LITTLE ROCK, ARKANSAS, a duly incorporated city of the
9 first class under the laws of Arkansas ( "Grantor "), by its duly authorized Mayor, for and
10 in consideration of the sum of $10.00 and other valuable consideration in hand paid by
11 SPRINT COMMUNICATIONS COMPANY L.P., a Delaware limited partnership,
12 does hereby, subject to prior recorded mortgages and easements, if any, grant, bargain,
13 sell and convey unto Grantee and unto the Grantee's successors and assigns forever, the
14 following described easement:
15
16 A PERMANENT RIGHT, PRIVILEGE AND EASEMENT ( "Fiber Easement ") for
17 the purpose of permitting Grantee to construct, reconstruct, use, operate, maintain,
18 inspect, replace, rebuild, remove and reinstall the fiber optic communications system
19 ( "Fiber System ") on lands situated in the City of Little Rock, Pulaski County, Arkansas
20 that are described in Exhibit A attached hereto ( "Property ") and subject to the
21 conditions and reservations described herein together with reasonable ingress and
22 egress to and from the location of the Fiber System.
23
24 This Fiber Easement is subject to the following conditions and reserves unto
25 Grantor, its successors and assigns, the following:
26
27 a. The foregoing grants are subject and subordinate to outstanding or superior
28 rights;
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30 b. The foregoing grants are subject and subordinate to the prior and continuing
31 right of Grantor to use and maintain its entire property for municipal purposes and are
32 also subject to the right and power of Grantor to construct, maintain, repair, renew, use,
33 operate, change, move or relocate trails and other improvements upon, along or across
34 any or all parts of the Property, or permit others to do so for Grantor, all or any of
35 which may be freely done at any time or times by Grantor or others with its permission
36 so long as such use does not materially interfere with the rights conveyed to Grantee,
37 and without liability to Grantee for compensation or damages excepting any liability to
38 the extent resulting from the willful misconduct of Grantor or its employees;
39
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Resolution
To approve Sprint Utility Easement
1 c. The foregoing grants are non - exclusive and Grantor reserves the right to agree
2 to other non - exclusive occupations of the Property by one (1) or more other person(s);
3 provided, however, that any such subsequent occupancies or agreements for such
4 occupancies shall be subordinate to the rights granted herein to Grantee if Grantee has
5 not relocated therefrom;
6
7 d. The foregoing grants are made subject to any new construction or relocation
8 of the Fiber System, in whole or in part, being placed at the minimum depth from
9 ground level elevation as detailed below. Any industry standards or practices
10 notwithstanding, the depth requirements set forth are minimums that are not subject to
11 any substantial compliance, waiver, or other practice that would permit less than the
12 minimum depth to be maintained.
13
14 (1) Minimum depth in soil: forty -two (42) inches.
15 (2) Minimum depth at ditch crossings: sixty (60) inches.
16 (3) Minimum depth in solid rock: eighteen (18) inches.
17 (4) Minimum depth at railroad crossings: sixty (60) inches.
18 (5) Minimum depth at road crossings: forty -eight (48) inches;
19
20 e. The foregoing grants are made subject to any future new or relocated cable of
21 the Fiber System being placed in four (4) inch BIP conduit;
22
23 f. The Grantee agrees that the City shall have the right to inspect any new
24 construction or relocation of the Fiber System for depth of placement and presence and
25 size of BIP conduit surrounding the Fiber System's cable;
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27 g. The Grantee shall provide prior written notice of not less than thirty (30)
28 days to Grantor of Grantee's intent to construct, reconstruct, rebuild, reinstall or relocate
29 the "Fiber System," in whole or in part. Emergency repairs to the existing Fiber System
30 are not subject to this thirty (30) -day written notice requirement; and
31
32 h. After any construction, repair, or relocation of the Fiber System on the
33 Property or removal of the Fiber System from the Property, the Grantee shall restore the
34 land to the condition in which it existed prior to the construction, repair, relocation or
35 removal, including, without limitation, replacing of paving or other surface material
36 and replacing of landscaping.
37
38 i. Grantor warrants that Grantor is the owner of the Property and will
39 defend title to the Property against the claims of any and all persons claiming by,
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Resolution
To approve Sprint Utility Easement
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through or under Grantor, and that Grantor has full authority to grant this Fiber
Easement according to its terms.
IN WITNESS WHEREOF, the name and seal of the Grantor is hereunto affixed
by its duly authorized Mayor, effective as of 2004.
CITY OF LITTLE ROCK, ARKANSAS
By:
Jim Dailey, Mayor
ATTEST:
Nancy Wood, City Clerk
ACKNOWLEDGEMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this, the day of ' 2004, before me, a Notary Public,
personally appeared Jim Dailey and Nancy Wood, who acknowledged that they are,
respectively, Mayor and City Clerk of the City of Little Rock, Arkansas and that, in such
capacities, they executed the foregoing deed for the purposes and consideration
mentioned therein.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
Resolution
To approve Sprint Utility Easement
[PAGE 6 OF 91
Notary Public
1 Exhibit A to Easement
2 LEGAL DESCRIPTION OF UTILITY EASEMENT - MARKHAM STREET
3
4
5 A 10 -foot wide utility easement being a part North of Lots 1 -3, Block 1; Lots 1 -6,
6 Block 34; Lots 1 -6, Block 35; Original City of Little Rock; Lots 1 -6, Block 1; Lots 1 -6,
7 Block 2; Lots 3 -6, Block 3; North of Lots 1 & 2, Block 3; North of Lots 7 & 8, Block 4,
8 Pope's Addition; North of Lot 1, Block 1, Russell's Addition; crossing the streets of
9 Scott, Cumberland, Rock, Commerce, Sherman & Ferry; located between the Main
10 Street Bridge and the East side of Interstate 30, all being a part of the North Half of
11 Section 2, Township 1 North, Range 12 West, City of Little Rock, Pulaski County,
12 Arkansas, the centerline of which is more particularly described as follows:
13
14 Commencing at the Northwest corner of Block 1, Original City of Little Rock,
15 THENCE North 80 degrees 36 minutes 57 seconds West for a distance of 91.34
16 feet along the North line of said Block 1, Original City of Little Rock to a point;
17 THENCE North 09 degrees 23 minutes 03 seconds East for a distance of 20.66 feet
18 to a point in the Centerline of said 10 feet easement said point being the POINT OF
19 BEGINNING;
20 THENCE South 52 degrees 56 minutes 18 seconds East for a distance of 8.60 feet
21 along said Centerline of said 10 feet easement the following Bearings and Distance;
22 THENCE South 73 degrees 28 minutes 33 seconds East for a distance of 111.05
23 feet to a point near the Centerline of Scott Street;
24 THENCE South 65 degrees 18 minutes 30 seconds East for a distance of 87.88 feet
25 to a point;
26 THENCE South 63 degrees 45 minutes 22 seconds East for a distance of 87.76 feet
27 to a point;
28 THENCE South 63 degrees 48 minutes 10 seconds East for a distance of 59.30 feet
29 to a point;
30 THENCE South 66 degrees 19 minutes 54 seconds East for a distance of 51.90 feet
31 to a point;
32 THENCE South 73 degrees 11 minutes 15 seconds East for a distance of 56.53 feet
33 to a point close to the East side of Lot 1, Block 34, Original City of Little Rock;
34 THENCE South 65 degrees 19 minutes 10 seconds East for a distance of 55.19 feet
35 to a point crossing Cumberland Street;
36 THENCE South 72 degrees 23 minutes 12 seconds East for a distance of 63.51 feet
37 to a point;
38 THENCE South 72 degrees 10 minutes 20 seconds East for a distance of 82.36 feet
39 to a point;
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Resolution
To approve Sprint Utility Easement
1 THENCE South 77 degrees 36 minutes 12 seconds East for a distance of 119.94
2 feet to a point;
3 THENCE North 85 degrees 37 minutes 10 seconds East for a distance of 37.55 feet
4 to a point;
5 THENCE North 76 degrees 11 minutes 49 seconds East for a distance of 37.92 feet
6 to a point near the Centerline of Rock Street;
7 THENCE South 85 degrees 57 minutes 17 seconds East for a distance of 101.40
8 feet to a point;
9 THENCE South 80 degrees 08 minutes 38 seconds East for a distance of 42.46 feet
10 to a point;
11 THENCE South 66 degrees 52 minutes 58 seconds East for a distance of 73.14 feet
12 to a point;
13 THENCE South 76 degrees 42 minutes 26 seconds East for a distance of 73.27 feet
14 to a point;
15 THENCE South 80 degrees 42 minutes 36 seconds East for a distance of 51.07 feet
16 to a point near the East edge of Lot 1, Block 1, Pope's Addition;
17 THENCE South 82 degrees 29 minutes 38 seconds East for a distance of 88.25 feet
18 to a point crossing Commerce Street;
19 THENCE South 83 degrees 31 minutes 20 seconds East for a distance of 74.67 feet
20 to a point;
21 THENCE South 83 degrees 23 minutes 58 seconds East for a distance of 129.10
22 feet to a point;
23 THENCE South 81 degrees 49 minutes 23 seconds East for a distance of 125.23
24 feet to a point crossing Sherman Street at the West side of Lot 6, Block 3, Pope's
25 Addition;
26 THENCE South 82 degrees 48 minutes 41 seconds East for a distance of 62.91 feet
27 to a point;
28 THENCE South 81 degrees 06 minutes 57 seconds East for a distance of 172.87
29 feet to a point;
30 THENCE South 81 degrees 25 minutes 10 seconds East for a distance of 71.00 feet
31 to a point at a Sprint Communications marker #020050;
32 THENCE South 44 degrees 32 minutes 12 seconds East for a distance of 12.26 feet
33 to a point crossing Ferry Street;
34 THENCE South 25 degrees 40 minutes 47 seconds East for a distance of 32.81 feet
35 to a point;
36 THENCE South 79 degrees 41 minutes 15 seconds East for a distance of 51.12 feet
37 to a point;
38
39 THENCE South 78 degrees 07 minutes 40 seconds East for a distance of 39.04 feet
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Resolution
To approve Sprint Utility Easement
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to a point;
THENCE South 68 degrees 11 minutes 38 seconds East for a distance of 42.07 feet
to a Sprint Hand hole on the North side of Lot 1, Block 1, Russell's Addition said point
being the POINT OF TERMINATION.
Together with and subject to covenants, easement and restrictions of record.
The centerline of said easement being 2102.16 feet in length more or less.
Resolution
To approve Sprint Utility Easement
[PAGE 9 OF 91