121921 RESC�LUTION NO. 12,192
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3 A RESOLUTION TO AUTH�RIZE THE MAYOR AND THE
4 CITY CLERK TO GRANT A RIGHT-OF-WAY EASEMENT FOR
5 THE PURPOSE OF CONSTRUCTING A SEWER LINE OVER A
6 PORTION 4F CERTAIN LAND OWNED BY THE CITY OF
7 LITTLE ROCK, LOCATED IN SECTION 15 TOWiIrTSHIP 1
8 SOUTH RANGE 13 WEST, PULASKI COUNTY, ARKANSAS;
9 AND FOR OTHER PURPOSES.
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11 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, Iocated in Section 15, Township 1 South, Range 13 West, in the
14 City of Little Rock, 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 easemen.t to the City of Little Rock £or 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 Section 15 Township 1 South Range
21 13 West, within the City of Little Rock, The right-of-way easement is attached hereto,
22 identified 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 shali not affect the remaining
[PacE 10� 2]
Resolution
To authorize ROW easement to LR Saortary Sewer Committee
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portions of the resolution which shall remain in full force and effect as if the portion so
declared or adjudged invalid or unconstilutional was not originally a part of the
resolution.
Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that
are inconsistent with the provisions of this resolution, are hereby repealed to the extent
of such inconsistency.
ADOPTED: January 17 , 2006
ATTEST: APPRO VED:
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N cy Wo d, City Clerk
APPROVED AS TO FORM:
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Thomas M. Carpenter, Ci Attorney
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R�o��mor
mACE z oF z�
Ta authorize ROW eayemmt to LR Sanitary Sewer Committee
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jim iley, Mayor
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 acknowl-
edged, 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 r_ight 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 pazre
the easement surface and may use it for driveways, walks or
parlsing areas. The GRANTOR(S) may permit other utility service
to cross this easement at approximately right angles, but only if
such u.tilities first comply with whatever specifications the
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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:
A permanent 10 foot wide sanitary sewer easement, said easement
being 5 foot on each side of a centerline across a part of the S
� of the NE � of Section 15 Township 1 South Range 13 West, City
of Little Rock, Pulaski County, Arkansas, as described in a
Warranty deed recorded as instrument number 86-8248� more
particularly described as follows:
Commencing at the SE corner of said parcel, thence N 89°15'02" W
along the South line of said parcel a distance of 183.89 feet to
a point said point being the Point of Beginning; thence N
0°47' 12" W a distance of 70.70 feet to a point on the East line
of said parcel and the termination point of this easement,
containing 1,070 square feet more or less.
AND,
A TEMPORARY RIGHT, PRIVILEGE AND EASEMENT for the purpose of
permitting the Little Rock Sanitary Sewer Committee and the
Little Rock Wastewater Utility to remove all timber and
obstructions therefrom and to make excavations, store excavated
� materials, tools, supplies and equipment and provide working
space. This temporary easement shall begin when the Little Rock
Sanitary Sewer Committee and the Little Rock Wastewater Utility
commence the initial work on th.e perm.anent easement and shall
terminate one year after that date or when that work is
completed, whichever is earlier. This temporary easement shall
be upon the following described lands situated in Pulaski County,
Arkansas, to-wit:
A 10 foot wide temporary construction easement being parallel and
congruent with the West side of the above described easement,
containing 1,070 square feet mo.re 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 al]_ excess 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
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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 recei�re
service shall be subject to the ru]_es, 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 per_sons
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 , 2006.
:
Attest:
Nancy Wood, City Clerk
(Seal)
Jim Daily, Mayor
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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 Daily and Nancy Wood,
to me well known wha 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
, 2006.
My Commission Expires:
(Seal)
Notary Public
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v Description: A sanitary sewer easement across a part of the S 1/2 of the NE '/4 of
Section 15 T1 S R13W, Pulaski County, Arkansas, being more particularly
des�cribed as follows: A 10 foot wide sanitary sewer easement across a part of
the S 1/2 of the NE'/a of said Section 15 as described in a Warranty Deed
recorded as instrument #86-82487 with the Circuit Clerk of Pulaski County,
Arkansas, said easement being 5 feet on each side of a center line more
particularly described to wit: Commencing at the SE corner of said parcel fihence
N89°15'02"W along the South line of said parcel a distance of 183.89 feet to a
point said point being the Point of Beginning; thence NO°47'�2"W a distance of
70,70 feet to a point on the East line af said parcel and the terrr►inatior� point of
this �asement, containing 1,070 square feet more or less.
Also
A1 � foot wide temporary construction easement said easement being para(lel
and congruent with the West side of the above described easement, containing
1,070 square feet more or less.
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THIS PLAT IS FQR THE PURPOSE OF ACQUIRING A SANITARY
SEWER EASEMENT AND DOES NOT REPRESENT A BOUNDARY
SURVEY
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Little Rack
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Utility