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146
RESOLUTION NO. 8,676
A RESOLUTION AUTHORIZING THE MAYOR
AND THE CITY CLERK TO GRANT A
RIGHT -OF -WAY EASEMENT FOR THE
PURPOSE OF CONSTRUCTING A SEWER LINE
OVER A PORTION OF ALLSOPP PARK IN
THE CITY OF LITTLE ROCK, ARKANSAS.
WHEREAS, Little Rock Waste Water Utility has deemed it
necessary to repair and replace damaged lines and to acquire
additional easement over Allsopp Park land to accomplish this
purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The Mayor and City Clerk are hereby authorized
to execute the necessary documents to grant a right -of -way
easement to the City of Little Rock for the use and benefit of
the Little Rock Sanitary Sewer Committee for the purpose of
constructing a certain sewer line in Allsopp Park within the
City of Little Rock. The right -of -way easement is attached
hereto identified as Exhibit "A ".
ADOPTED: March 17, 1992
ATTEST: 1�
au. ;' Af/J� /4
ROB E COCK
CITY CLERK
"PROVED AS TO FOP14:
THOMAS M. 7
ATTORNEY CITY
.�
MAYOR
e5a
M lEb M Mize "AM
147
RIGHT OF WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT the city of Little Rock, GRANTOR, a Municipality existing persuant to the laws
of the State of Arkansas organized under and by virtue of the laws of the State of
Arkansas, by its Vice 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:
1. 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,
operate, maintain, repair, replace, reconstruct, test, inspect and add sewer mains and
sewer lines whether one or more, and without the payment of additional compensa-
tion therefore; (b) keeping the easement clear of all buildings and other improve-
ments 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 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 may pave the easement surface
and may use it for driveways, walks or parking areas. The GRANTOR 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:
A 10 foot sanitary sewer easement being a part of the SW 1/4 of the NW 1/4
of Section 32, Township 2 North, Range 12 West, City of Little Rock, Pulaski
County, Arkansas, being more particularly described as lying 5 feet left of and
congruentto 5 feet right of and congruent to the following described centerline:
-1-
M
148
Commencing at a found iron pin for the Northeast corner of Block 12, Hillcrest
Addition to the City of Little Rock; thence N 45 degrees 04' 25" W, 44.0 feet
to a point on the Northerly right -of -way line of North Lookout Drive, a 44.0 foot
right -of -way; thence N 44 degrees 55' 35' E, along said right -of -way line, 31.4
feet to the Point of Beginning of said described centerline; thence N 9 degrees
00' 04" W, 147.63 feet to the centerline of an existing sanitary sewer line for
the end point of said described centerline, said end point lying S 51 degrees 54'
35' W, 16.1 feet from center of an existing sanitary sewer manhole, containing
1,475 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 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 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 judgement of the City of Little Rock to relocate the sewer !ine,
manhole and appurtenances thereto, to be located within the easement granted herein
or such other easement that GRANTOR 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 GRANTEE which are directly attributable to and arise out of
the relocation.
-2-
149
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
and its seal affixed by its this day of
1992.
23�
ATTEST:
(Corporate Seal)
-3-
Il♦ ll� ll� �: l�
STATE OF ARKANSAS )
1
COUNTY OF PULASKI 1
ACKNOWLEDGMENT
150
On this day personally appeared before the undersigned, a Notary Public
within and for the County and State aforesaid, duly qualified, commissioned
and acting, and , to me
well known who stated that they were the Mayor and City Clerk of Little Rock, a
Corporation, and were duly authorized in their respective capacities to execute the
foregoing easement for and in the name and behalf of said Corporation, 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 1992.
My Commission Expires:
(SEAL)
Notary Public
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date prepared: 2 -10-91
C: \AM11 \RE601E\4-1055 oead file: