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RESOLUTION NO. 9,624
A RESOLUTION AUTHORIZING THE MAYOR
AND THE CITY CLERK TO EXECUTE A
RIGHT -OF -WAY BASEMENT TO ARKANSAS
POWER AND LIGHT TO CONSTRUCT
ELECTRIC FACILITY ON CITY PROPERTY;
WHEREAS, the City owns property in the North University
avenue area which is part of Rebsamen Park; and
WHEREAS, Arkansas Power and Light Company has requested
an easement over a portion of the park property to replace
two underground circuits to serve customers in the East
Palisades, Scenic Drive and the North University area; and
WHEREAS, City staff has inspected the proposed easement
location and determined that it is appropriate for an
underground power easement; and
WHEREAS, the Little Rock Board of Directors hereby
approves granting the easement to.Arkansas Power and Light
Company.
NOW THEREFORE BE IT RESOLVED BY THE LITTLE ROCK 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 Arkansas Power and Light Company in
substantially the form attached hereto as exhibit "A ", over
park property located in the North University Avenue area of
the City, as described in said easement.
ADOPTED: February 20. 1996
ATTEST:
Robbie HancocK '
City Clerk
APPROVED AS TO FORM:
omas M. Carpenteiv
City Attorney
..o-
. ��i .
AP &L • .
FORM 731 -154
(Rev. 11181) EXHIBIT "A"
ARKANSAS POWER & LIGHT COMPANY
RIGHT OF WAY PERMIT
UNDERGROUND ELECTRIC DISTRIBUTION FACIUTIES
KNOW ALL MEN BY THESE PRESENTS: That THE HONORABLE JIM DAILEY, MAYOR OF THE CITY OF LITTLE ROCK, hereinafter
referred to as 'Grants" for and in consideration of the sum of One Dollar ($1.00), and other valuable consideration, paid by ARKANSAS POWER & LIGHT
COMPANY, hereinafter referred to as 'Company,' the receipt of which is hereby acknowledged, does (do) hereby grant, bargain, sell and convey unto
Company, lfs successors, licensees and assigns, a tight of way and easement to lay, construct, operate, repair maintain, enlarge, renew from time to time and
remove underground alachica, d1sinbution facdibes, including cables and accessories, submersible andlor padmount transformers and switches; and,
telephone and/or CAN facifides consisting of underground cable or cables, together with manhole markers, fixtures and other appurtenances thereto, as
Company or its dcensees may from lime to time require. _
Said easement 15 feet in width shag extend 7.5 feet either-side of the center fine as now staked or as Inolcated by the location of cable or equipment
Installed on said tight of way all located under or across lands located in PULASKI County(s), Arkansas and more parficulady described as Wows:
A PART OF THE NW/. NEY. SECTION 30, T -2 -N, R-12-W, TO THE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS, WHOSE CENTERLINE IS DESCRIBED AS (7.5 FEET EACH SIDE OF THE CENTERLINE);
COMMENCE AT THE SOUTHWEST CORNER OF NWY. NEY. SECTION 30, T -2 -N, R- 12 -W,, THENCE S 89-29-E,
ALONG THE SOUTH LINE OF SAID NW'/. NEY., 381.12 FEET,- THENCE N 05° 25' E, 145.3 FEET TO THE SOUTH
EDGE OF RESSAMEN PARK ROAD AND TERMINATION OF SAID EASEMENT. TOGETHER WITH 15 FOOT
TEMPORARY EASEMENT ACROSS THE NWY. NEY.. SECTION 30, 71-2-01, R -12 -W, WHOSE CENTERLINE IS
DESCRIBES AS 7.5 FEET EACH SIDE OF CENTERLINE, COMMENCE AT THE SOUTHWEST CORNER OF
NWY. NE' /. SECTION 30, T -2 -N, R -12 -W; THENCE S 89° 29'E ALONG THE SOUTH LINE OF NW'. NE'/., 351.12
FEET, THENCE N 05° 25' E, 287.3 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N 05° 25' E
145.3 FEET TO A POINT ON THE SOUTH EDGE OF REBSAMEN PARK ROAD AND TERMINATION OF SAID
EASEMENT. UPON COMPLETION OF WORK BY GRANTEE THE TEMPORARY CONSTRUCTION EASEMENT
SHALL REVERT BACK TO GRANTOR AND BE ALLOWED TO RETURN TO ITS NATURAL STATE.
The right of way and easement herein granted includes the tight and privilege for the passage of men and equipment as shag be deemed necessary
for construction and maintenance of the Company's facilities including the right to him, remove and cut down trees, brush, stumps and roots located within the
bounds of said easement and as a covenant running with the land Grantor hereby, for himself, his successors and assigns, releases the Company horn any
and all claims of damage to the property or lands within the bounds of said easement.
The tights of free ingress and egress in, on, over, across and through Grantor's lands adjacent to the tight of way herein granted for any and all
purposes necessary or convenient to be exercised by Grantee of the tights and easements herein granted are hereby granted Grantee.
Grantor covenants that he, his successors and assigns, wig not place any improvements buildings, trees, fences, incinerators, or other hindrances
nor shag any excavation be made upon, over or within said easement without written consent of Company; provided, however, grantor, his heirs, successors
or assigns, may place sidewalks an Nor driveways over the easement without such written consent, It being understood, however, that Company shag not be
responsible for any damages to grantors premises by Company in the maintenance of its laoigties.
TO HAVE AND TO HOLD the rights hereby granted unto the said Company, its successors and assigns, forever.
And Grantorcovenants that he wig forever warrant and defend the We to said easements, including the right to quiet enjoyment of same.
This constihltes the entire and only agreement between the parties hereto with respect to the easement herein granted.
IN WITNESS HEREOF I (we) here to set my (our) hands) and affix my (our) seal(s) this day of
ACKNOWLEDGMENT
STATE OF ARKANSAS }
COUNTY OF PULASKI )$a
Jim Daffey -Mayor
1995.
BE 17 REMEMBERED, that on this day came before me, the understgned, a notary pubic within and for the County aforesaid, duly commissioned
and acting, THE HONORABLE JIM DAILEY, MAYOR OF LITTLE ROCK to me well known as the Grantor in the foregoing instrument that HE had
executed the same for the consideration and purposes therein mentioned and set forth.
W&ess my hand and seal as such Notary Pubic on this
My Commission Expires:
day of 19_
Notary Public
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