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122611 2 k? RESOLUTION NO. 12,261 4 A RESOLUTION TO AUTHORIZE THE MAYOR AND THE CITY 5 CLERK TO EXECUTE A LIMITED RIGHT -OF -WAY EASEMENT TO 6 CERTAIN PROPERTY LOCATED NEAR DUNBAR RECREATION 7 CENTER IN THE CITY OF LITTLE ROCK, ARKANSAS TO ENTERGY 8 ARKANSAS, INC. FOR UNDERGROUND ELECTRIC POWER 9 FACILITIES; AND FOR OTHER PURPOSES. 10 11 WHEREAS, the City is currently undertaking the expansion of Dunbar 12 Recreation Center and the new improvements will require additional electric power 13 facilities owned by Entergy Arkansas, Inc. to be placed near the recreation center, and 14 WHEREAS, to facilitate the construction of this public project so that it can move 15 forward expeditiously, but also provide some assurance to Entergy that it will have 16 time to recoup its relocation expense, the City will provide a 15 -year easement to 17 Entergy to relocate its electric power facilities. 18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 19 THE CITY OF LITTLE ROCK, ARKANSAS: 20 Section 1. The Mayor and City Clerk are hereby authorized to execute a 15- 21 year right -of -way easement, in the form attached as Exhibit A, which has been 22 approved by the City Attorney, to grant a nonexclusive easement in certain City 23 property near the Dunbar Recreation Center to Entergy Arkansas, Inc. ( "Entergy ") for 24 construction, operation and maintenance of underground electric power facilities. 25 Section 2. After expiration of the right -of -way easement, Entergy's electric 26 power facilities may remain on the described property with the City's permission, 27 subject to the City's utility relocation policy for public projects, and in no event shall the [PAGE 1 OF 61 Resolution To authorize conveyance of ROW easement to Entergy 1 presence of the facilities afford Entergy a right to the use of such property by adverse 2 possession or prescription. 3 Section 3. The easement property is more particularly described as follows: 4 5 Starting at the northeast corner of Dunbar Community Center in Little Rock, Arkansas, 6 move south 165 feet to point of beginning, then east 40 feet to back of curb of Chester 7 Street, then south along back of curb 32 feet, then west 22 feet, then north 17 feet, then 8 east 18 feet, then north 15 feet to point of beginning. 9 Section 4. Severability. In the event any title, section, paragraph, item, sentence, 10 clause, phrase, or word of this resolution is declared or adjudged to be invalid or 11 unconstitutional, such declaration or adjudication shall not affect the remaining 12 portions of the resolution which shall remain in full force and effect as if the portion so 13 declared or adjudged invalid or unconstitutional were not originally a part of the 14 resolution. 15 Section 5. Repealer. All laws, ordinances, resolutions, or parts of the same, that 16 are inconsistent with the provisions of this resolution, are hereby repealed to the extent 17 of such inconsistency. 18 ADOPTED: April 18, 2006 19 ATTEST: 20 21 22 cy Wo d, City Clerk 23 24 APPROVED AS TO LEGAL FORM: 25 26 �-h• 27 Thomas M. Carpenter, Citv Attorney [PAGE 2 OF 51 Resolution To authorize conveyance of ROW easement to Entergy APPROVED: � Apw IMU&4 Jim Wiley, Mayor 1 EXHIBIT A 2 3 STATE OF ARKANSAS 4 5 COUNTY OF PULASKI 6 7 RIGHT -OF -WAY EASEMENT FOR 15 YEARS 8 FOR UNDERGROUND FACILITIES 9 OF ENTERGY ARKANSAS, INC. 10 11 12 KNOW ALL MEN BY THESE PRESENTS THAT: City of Little Rock, Grantor, acting 13 individually, and for, and on behalf of, successors, assigns and any other person 14 claiming the ownership to the property hereinafter described, collectively "Grantor ", 15 for and in consideration of one dollar ($1.00), in hand paid, and other good and 16 valuable consideration, the receipt and sufficiency of which is hereby acknowledged, 17 does hereby grant, assign, convey unto Entergy Arkansas, Inc., and its successors and 18 assigns, collectively "Grantee ", a right -of -way, servitude and easement for the location, 19 construction, reconstruction, improvements, repairs, operation, inspection, patrol, 20 replacement and maintenance of underground electric power facilities and all 21 appurtenances thereto, or the removal thereof, now or in the future, including, but not 22 necessarily limited to, insulators, wires, cables, conduits, hardware, transformers 23 including at -grade transformers, switches, anchors and other equipment, structures, 24 material and appurtenances, now or hereafter used, useful or desired in connection 25 therewith by Grantee over, across, under or on that land of Grantor in the County of 26 Pulaski, State of Arkansas described as follows, to -wit: 27 28 Starting at the northeast corner of Dunbar Community Center in Little Rock, Arkansas, 29 move south 165 feet to point of beginning, then east 40 feet to back of curb of Chester 30 Street, then south along back of curb 32 feet, then west 22 feet, then north 17 feet, then 31 east 18 feet, then north 15 feet to point of beginning. 32 33 TO HAVE AND TO HOLD same, with all rights and appurtenances to the same 34 belonging, unto Grantee, its successors and assigns, until the use of the easement is 35 relinquished or abandoned, or until fifteen (15) years from the date of this Easement, 36 whichever first occurs, at which time the easement automatically expires; such rights to 37 include the right of ingress and egress to and from said right -of -way by reasonable 38 routes across the adjoining land of the Grantor. After expiration of this Easement, 39 Grantee's electric power facilities may remain on the described property with the [PAGE 3 OF 51 Resolution To authorize conveyance of ROW easement to Entergy 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 permission of the Grantor, subject to Grantor's utility relocation policy for public projects, and in no event ever to afford Grantee a right to the use of such property by adverse possession or prescription. Unless otherwise herein specifically provided, the centerline of the electric power lines initially constructed on this right -of -way shall be the centerline of said right -of -way. Grantee shall have the full and continuing right to clear and keep clear vegetation within or growing into said right -of -way and the further right to remove or modify from time to time trees, limbs, and vegetation outside the said right of way which Grantee considers a hazard to any of its electric power facilities or a hazard to the rendering of adequate and dependable service to Grantor or any of Grantee's customers, by use of a variety of methods used in the vegetation management industry. Grantor reserves the right to use and enjoy its interests in the easement area insofar as the exercise thereof does not endanger or interfere with the construction, operation and maintenance of said electric power facilities. Grantor shall not construct or permit the construction of any buildings or other structures in the easement area or on land adjoining said right -of -way which is in violation of the minimum clearances from the lines and facilities of Grantee, as provided in the National Electrical Safety Code. IN WITNESS WHEREOF, Grantor has executed this Right -of -Way Easement for 15 Years on this day of , 2006. ATTEST: Nancy Wood City Clerk Resolution To authorize conveyance of ROW easement to Entergy [PAGE 4 OF 51 GRANTOR: CITY OF LITTLE ROCK Jim Dailey Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI BE IT REMEMBERED that on this day come before me the undersigned, a Notary Public, within and for the county and state aforesaid, duly commissioned and acting, Jim Dailey and Nancy Wood, to me well known as the Mayor and City Clerk, respectively, in the foregoing instrument and acknowledged that they had executed the same for the consideration, uses and purposes therein mentioned and set forth. Witness my hand and seal as such Notary Public this day of 2006. Commission Expires [SEAL] // // // // // // // // Resolution To authorize conveyance of ROW easement to Entergy [PAGE 5 OF 51 Notary Public