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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.
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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:
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22 cy Wo d, City Clerk
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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
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5 COUNTY OF PULASKI
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7 RIGHT -OF -WAY EASEMENT FOR 15 YEARS
8 FOR UNDERGROUND FACILITIES
9 OF ENTERGY ARKANSAS, INC.
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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
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Resolution
To authorize conveyance of ROW easement to Entergy
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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
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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]
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Resolution
To authorize conveyance of ROW easement to Entergy
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Notary Public