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8977RESOLUTION NO. 8.977 A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A ROAD EASEMENT ACROSS CITY LANDS FOR A. P. GREEN INDUSTRIES, INC. WHEREAS, the City of Little Rock is the owner of certain lands in the vicinity of Ironton Cutoff Road, in Pulaski County, Arkansas, which were purchased by the City for use as solid waste disposal facilities; and WHEREAS, A. P. Green Industries, Inc. owns lands adjacent to the City's lands, which are used by A. P. Green Industries, Inc. for mining of certain minerals; and WHEREAS, A. P. Green Industries, Inc, desires to access its properties for mining purposes by crossing lands owned by the City, at a point which will not interfere with the City's use of City lands; and WHEREAS, the City is willing to grant A. P. Green Industries, Inc. an easement for an access road across City lands. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The Mayor and the City Clerk are authorized to execute an easement to A. P. Green Industries, Inc. across City lands for a roadway. ADOPTED: August 17, 1993 ATTEST: x.11 LLL • _ ga-Lec k, ROBBIE HANCOCK CITY CLERK APPROVED AS TO FORM: THOMAS M. CARPENTE CITY ATTORNEY APPROVED: 0 JIM ILEY MAY 399 /c�G'f M M IF E1RitoR #)M, 7 _ RIGHT -OF -WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS: That The City of Little Rock, a Municipal Corporation organized under the laws of the State of Arkansas, GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and the benefits accruing to it and the public generally, pursuant to Resolution No. , passed on the _ day of , 1993, by the City of Little Rack Board of Directors, does hereby grant, bargain, sell and convey unto A. P. Green Industries, Inc., GRANTEE, a right, privilege and exclusive easement for use as a road right -of -way, and the maintenance thereof, a strip of land owned by Grantor, described as follows: A part of the Northeast 1/4 of the Northwest 1/4 of Section 9, T -1 -S, R- 12-W, Pulaski County, Arkansas, more particularly described as follows: Starting at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of said section 9; thence North 030 19' 26" East along the East line of the NE 1/4 of the NW 1/4 a distance of 426.67 feet to the point of beginning; thence South 640 50' 55" West 203.15 feet to a point on the Easterly right -of -way of Ironton Cutoff Road; thence along said Easterly right -of -way on a curve to the left having a radius of 750.72 feet, and arc distance of 50.03 feet, and a chord which bears North 230 31' 42" West 50.02 feet; thence North 640 50' 55" East 228.85 feet; thence South 030 19' 26" West 56.88 feet to the point of beginning, containing 10,786 square feet. This easement is subject to the following conditions: (1) The easement granted herein shall be for the sole and exclusive use of GRANTEE and GRANTEE'S contractors and employees, and shall not be considered as running with the lands of GRANTEE. When GRANTEE shall cease to be the owner of the lands accessed by use of this easement, this easement shall cease to exist. (2) GRANTEE shall be responsible for all maintenance of the lands contained in this easement, including any road surfaces and drainage facilities. (3) GRANTEE. shall maintain a lockable gate at the entrance to this easement from Ironton Cutoff Road, and shall keep said gate locked to prevent others from using said easement without the subsequent permission of GRANTOR. TO HAVE AND TO HOLD the same unto the said A. P. Green Industries, Inc., for the purpose of the uses and benefits herein described, together with all and singular tenements, appurtenances and hereditaments thereunto belonging or in any wise appertaining. IN WITNESS THEREOF, the name of the GRANTOR is hereunto affixed by its Mayor and its seal affixed by its City Clerk, this _ day of 1993. CITY OF LITTLE ROCK, ARKANSAS JIM DAILEY, MAYOR ATTEST: ROBBIE HANCOCK, CITY CLERK APPROVED AS TO FORM: THOMAS M. CARPENTER CITY ATTORNEY 400 ACKNOWLEDGEMENT STATE OF ARKANSAS) 401 COUNTY OF PULASKI) I, notary public in and for said county in the state aforesaid, do hereby certify that Jim Dailey, personally known to me to be the Mayor of the City of Little Rock, Arkansas, and Robbie Hancock, personally known to me to be the City Clerk of the City of Little Rock, Arkansas, appeared before me this day in person and severally acknowledged that as such City Mayor and City Clerk, they signed and sealed the said instrument and caused the seal of said City of Little Rock to be affixed thereto pursuant to the authority of the Board of Directors of the City of Little Rock, Arkansas, as to Their free and voluntary act and deed of said City of Little Rock, Arkansas, for the uses and purposes therein set forth. Given under my hand and notarial seal this day of 1993. Notary Public My Commission expires: