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RESOLUTION NO. 8,688 201
A RESOLUTION AUTHORIZING THE MAYOR AND
THE CITY CLERIC TO EXECUTE AN EASEMENT
AGREEMENT WITH BROWNING- FERRIS INDUSTRIES
OF ARKANSAS, INC., FOR THE LOCATION OF
THREE GROUNDWATER MONITORING WELLS ON
CITY PROPERTY.
WHEREAS, Browning - Ferris Industries of Arkansas, Inc., has
contacted the City requesting three easements for the location
of groundwater monitoring wells on City property adjacent to the
BFI landfill, formally owned by the Worth -James Trust; and
WHEREAS, following staff review and analysis, the City has
determined that the public health, safety and welfare is
enhanced by the location of the wells on City property, provided
that the City be advised of the data monitored by the wells
which will be submitted to the Arkansas Department of Pollution
Control and Ecology, concerning the leaching of matter from the
adjacent landfill into the water basin.
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 easement agreement attached hereto as Exhibit NA"
upon condition that BFI submit to the City Public Works
Department the reports submitted by BFI to the Arkansas
Department of Pollution Control and Ecology concerning tests
results of the groundwater monitoring wells.
ADOPTED: April 21, 1992
ATTEST:
• tip
APPROVED AS TO FORM:
IM, MOM E
.l...OW
PRIEST-
MAYOR
253
/2-
M M
EXHIBIT "A"
EASEMENT AGREEMENT 202
KNOW ALL MEN BY THESE PRESENTS:
That the CITY OF LITTLE ROCK, Grantor, for and in
consideration of the sum of One Hundred Dollars ($100.00) and
other good and valuable consideration, the receipt of which is
hereby acknowledged, does hereby grant and convey unto BROWNING -
FERRIS INDUSTRIES OF ARKANSAS, INC., Grantee, and unto its
successors and assigns, the right to enter upon the lands
hereinafter described (1) to place, construct, build, maintain,
operate, replace, repair, remove, and reconstruct one or more
groundwater monitoring wells on the easements, (2) to clear the
easement and to keep it clear of all trees, brush, and other
vegetation or any obstructions, however, such well will be
located so as not to require the removal of mature trees; and (3)
to have free ingress and egress over adjacent lands or by means
of existing traveled ways to and from the easement at any time
for the purposes herein recited. Grantee agrees no mature trees
shall be cleared for ingress or egress purposes as a route
between such trees is possible.
There shall be three easements herein conveyed and such
easements shall be identified as Easement No. 1,
Easement No. 2 and Easement No. 3 on the map attached
hereto.
Easement No. 1 shall be for a tract twenty -five (25)
feet by twenty -five (25) feet upon and below the
following lands situated in Pulaski County, Arkansas:
A point approximately 506 feet south and
742.2 feet east of the NW corner of the SW
1/4, NW 1/4, Section 20, T -1 -N, R -12 -W.
203
Easement No. 2 shall be for a tract twenty -five (25)
feet'by ten (10) feet upon and below the following
lands situated in Pulaski County, Arkansas:
A point approximately 700 feet south and 250
feet west of the NE corner of the NE 1/4, NW
1/4, Section 20, T -1 -N, R -12 -W in an existing
( ten (10) foot easement of the City of Little
Rock.
Easement No. 3 shall be for a tract twenty -five (25)
feet by twenty -five (25) feet upon and below the
following lands situated in Pulaski County, Arkansas:
A point approximately 150 feet south and 80
feet east of the NE corner of the NE 1/4, NW
1/4, Section 20, T -1 -N, R -12 -W; said point
being approximately 25 feet east and lying
entirely outside the easement of Little Rock
Water Works Commission.
The following additional items are included in the payment
for this easement:
Grantor reserves the right to be paid for damage to growing
crops caused by the construction, maintenance, ingress and egress
activities of Grantee. Grantee agrees to locate such well or
wells in a manner and in a location such as to minimize the
impact of Grantee's activities upon Grantor's use of the
remaining tract. Grantee further agrees to decommission the
wells by removing all structures and equipment aboveground and in
accordance with the applicable rules and guidelines in effect at
the time of the termination of the Easement Agreement.
Grantee agrees, as an express condition of this easement
agreement, to fully indemnify and hold Grantor harmless from any
and all actions, damages, claims, civil or criminal fines, or
administrative penalties, including costs and attorneys fees,
which may result from the actions of Grantee on the lands granted
2
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by this easement agreement, or in any way related to the rights
conveyed by this easement agreement. Said indemnification shall
not terminate with the expiration of this easement agreement, but
shall continue in force to the extent provided by the statute of
limitations applicable to the actions of Grantee under this
easement agreement.
Grantor hereby covenants with the said Grantee that Grantor
will forever warrant and defend the title to the said lands
against all claims whatsoever.
The easement granted herein shall be for a ten (10) year
term commencing on the date hereof with three (3) additional
successive terms of ten (10) years each, with the continuance of
each successive term being automatic unless Grantor or Grantee
provides written notice to the other at least thirty (30) days
prior to the expiration of any term, or extension thereof, that
the easement will not be continued and shall be terminated at the
end of the current term.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
this day of
GRANTOR:
THE CITY OF LITTLE ROCK
By:
Its:
Attest:
1992.
GRANTEE:
BROWNING - FERRIS INDUSTRIES
OF ARKANSAS, INC.
By:
Its•.
Attest:
By: By:
Its: Its:
3
ACKNOWLEDGEMENT 205,
STATE OF ARKANSAS )
ss.
COUNTY OF )
On this day of , 1992, before me,
the undersigned, a Notary Public, duly commissioned, qualified,
! and acting, the within named and
to me personally well known, and who stated that
they were the and of The City of
Little Rock, and were duly authorized in their respective
capacities to execute the foregoing instrument for the
consideration and purposes set forth therein.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal on this day of , 1992.
Notary Public
My Commission Expires%
STATE OF ARKANSAS )
ss.
COUNTY OF )
On this day of , 1992, before me,
the undersigned, a Notary Public, duly commissioned, qualified,
and acting, the within named and
to me personally well known and who stated that
they were the and of Browning -
Ferris Industries of Arkansas,. Inc., a corporation, and were duly
authorized in their respective capacities to execute the
foregoing instrument for and in the name and behalf of said
corporation, and further stated and acknowledged that they had so
signed, executed and delivered said foregoing instrument for
consideration, uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
official seal on this day of , 1992.
Notary Public
My Commission Expires:
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