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RESOLUTION NO. 8,979
A RESOLUTION AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A RIGHT OF
WAY EASEMENT TO MINNESOTA MINING AND
MANUFACTURING COMPANY TO LOCATE A
SANITARY SEWER LINE WITHIN GRANITE
HEIGHTS PARK; AND FOR OTHER
PURPOSES.
NOW, THEREFORE, BE IT RESOLVED
THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The Mayor and City
to execute a right of way easement
and Manufacturing Company a right
private sanitary sewer line throu
Park.
ADOPTED: August 17, 1993
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BY THE BOARD OF DIRECTORS OF
Clerk are hereby authorized
granting to Minnesota Mining
to construct and maintain a
3h and over Granite Heights
Rte
M
405
Exhibit to Res. #8,979
RIGHT -OF -WAY EASEMENT
The City of Little Rock (GRANTOR), a municipal corporation
organized under and by virtue of the laws of the State of
Arkansas, by its Mayor and City Clerk, duly authorized by proper
resolution of its Board of Directors, for and in consideration
of the sum of One Dollar ($1100), and other valuable
consideration, the receipt of which is hereby acknowledged, does
hereby, subject to prior recorded mortgages and easements, if
any, grant, bargain, sell, and convey unto the Minnesota Mining
and Manufacturing Company, a corporation organized under the
laws of the Sate of Delaware with principal offices in St. Paul,
Minnesota (GRANTEE), its successors and assigns forever the
following easement described as follows, to wit:
Easement lying in Section 13, Township 1 North, Range 12 West in
the City of Little Rock, Pulaski. County, Arkansas, more
particularly described as follows:
Commencing at the Southwest Corner of said Section 13; thence
along the South Line of said Section 13 South 89 012100" East
705.306 feet; thence leaving said South Line North 00 100100"
West 315.949 feet to Manhole #7 which is near the Northeast
Corner of Lot 21, Granite Heights Subdivision which is also the
point of beginning, the Easement being 10' on either side of the
following described line:
Leaving said Manhole 7 and proceeding South 53 035147" East
83.072 feet; thence North 85 031158" East 724.167 feet to a
Point on the West Right -of -Way Line of Athens Avenue in
Granite Park Addition, said Point being 15 feet North of
the South Right -of -Way line of 40th Street.
Together with the right of ingress and egress over the
above - described land of the GRANTOR for the purpose of
exercising the rights herein granted.
1. A PERMANENT RIGHT, PRIVILEGE, AND EASEMENT for the
purpose of permitting the GRANTEE to clear the surface of the
right -of -way and to (a) lay, construct, operate, maintain,
repair, replace, reconstruct, test, and inspect the sewer lines
without payment of additional compensation therefor; (b)
keeping the easement clear of all building and other
improvements of any kind. Subject to prior easements of record
and except as hereinafter stated, the GRANTEE shall have the 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 all the initial sewer
construction is completed, the GRANTOR may pave the easement
surface and may use it for recreation fields, streets,
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 GRANTEE may designate at the time for the
protection of its own facilities.
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M low
E
2. A TEMPORARY RIGHT, PRIVILEGE, AND EASEMENT for the
purpose of permitting the GRANTEE to remove all timber and
obstructions therefrom and to make excavations, store excavated
materials, tools, supplies, and equipment and provide working
space. This temporary easement shall begin when the GRANTEE
commences the initial work on the permanent easement and shall
terminate six (6) months after that date or when the work is
completed, whichever is earlier. This temporary easement shall
be upon the following described lands situated in Pulaski
County, Arkansas, to wit:
A temporary construction easement consisting of a strip of
land 30 feet wide, the South Line of which is the South
Line of the above - described permanent easement and the
North Line of which is 10 feet North of the North Line of
the described permanent easement, for use during the
initial sewer line construction only. Said sewer line will
be buried in minimum of 36 inches below grade level.
Upon completion of the initial or any subsequent work by the
GRANTEE, the GRANTEE 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 GRANTEE
damages any fence, curb, or paved surface upon the
rights -of -way, the GRANTEE, 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 or
any other party the right to connect to or receive service from
this private sanitary sewer line without prior written consent
of GRANTEE.
To have and to hold said easement, rights, and privileges
unto the GRANTEE, and unto its successors and assigns forever,
for the purposes aforesaid.
GRANTEE agrees to indemnify and hold GRANTOR harmless from
any and all liability for damages, costs, losses, and expenses
for all injuries or death and all damage to any and all
property, by whomsoever owned, resulting from, arising out of,
or in any way connected with GRANTEE's use of the aforesaid
premises for the aforesaid purposes.
GRANTEE agrees to relocate, at GRANTEE's sole cost and
expense, the facilities located upon this easement to such other
location on GRANTOR's property as GRANTOR in its discretion may
require, and GRANTOR agrees to convey GRANTEE a new easement
covering the relocated tracts, which said new easement shall be
in accordance with the terms and provision of this easement.
In the event the said facilities situate upon this easement
shall at any future time be abandoned or cease to be used, the
easement hereby granted shall automatically and ipso facto cease
as though this easement had never been granted, and GRANTEE
shall, at its own cost and expense, remove from said premises
its property and said facilities and shall thereupon surrender
4`07
and deliver possession of said premises to GRANTOR, its
successors and assigns.
The rights granted hereunder are subject to any easements,
rights -of -way, and encumbrances of any kind or nature whatsoever
now existing upon, over, or across the property as described.
And GRANTOR 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 and enjoyment of said easements
and rights.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by their duly authorized officials
this day of , 1993.
CITY OF LITTLE ROCK
By:
Jim Dailey, Mayor
By:
Robbie Hancock, City Clerk
MINNESOTA MINING AND MANUFACTURING COMPANY
By:
Vice President
By:
Assistant ecre ary
STATE OF ARKANSAS
COUNTY OF PULASKI
On this day of August, 1993, before me, a Notary
Public within a-nT for said County, personally appeared Jim
Dailey and Robbie Hancock, to me known, who being by me duly
sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Little Rock a municipal
corporation, named in the foregoing instrument and that the seal
affixed to said instrument is the corporate seal of said
corporation, and that said instrument was signed and sealed in
oil ice` r
403
behalf of said corporation by authority of its Board of
Directors, and said Jim Dailey and Robbie Hancock acknowledged
said instrument to be the free act and deed of said corporation.
o ary Public
STATE OF MINNESOTA
COUNTY OF RAMSEY
On this day of 1992, before me, a
Notary Public--wifhin and or sai oun y, personally appeared
and to me
known, who being by me duly sworn, did say that they are the
Vice President and Secretary, respectively, of Minnesota Mining
and that the seal affixed to said instrument is the corporate
seal of said corporation, and that said instrument was signed
and sealed in behalf of said corporation by authority of its
Board of Directors, and said and
acknowledge said ins rumen o be the
tree act and deed or said corporation.
Notary Public
This instrument was drafted by:
Donald C. Weinke
Senior Attorney
Office General Counsel
Building 220- 11E -03
3M Center
St. Paul, MN 55144 -1000
This instrument has been reviewed and approved by the
Little Rock City Attorney