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89791 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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 • � : `il� i 0 . . i =xr Al4• �0 m, M] 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. =4p== 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