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97591 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 n u RESOLUTION NO. 9,759 0 A RESOLUTION AUTHORIZING A RIGHT -OF -WAY EASEMENT ACROSS CITY OF LITTLE ROCK PARK PROPERTY ALONG ROCK CREEK FOR USE AND BENEFIT OF THE LITTLE ROCK WASTEWATER UTILITY FOR EXTENSION OF A SEWER LINE TO HOME DEPOT AT 12600 CHENAL PARKWAY. 466 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 hereby authorized to execute the necessary documents to grant a right -of -way easement across City of Little Rock park property along Rock Creek for the use and benefit of the Little Rock Wastewater Utility for extension of a sewer line to Home Depot at 12600 Chenal Parkway. The right -of -way easement is attached hereto identified as Exhibit ^A". SECTION 2. Any payment received for the sewer right -of -way easement will be credited to an appropriate account. ADOPTED: August 6, 1996 APPROVED CITY C11RIK AS TO FORM: CITY i� •' Is • M M = r Exhibit' "A " • RIGHT -OF -WAY EASEMENT • KNOW ALL MEN BY THESE PRESENTS: THAT the City of Little Rock, GRANTOR(S), for and in consideration of the sum of One Dollars ($1.00) and other valuable consideration paid by the Little Rock Sanitary Sewer Committee, the receipt of which is hereby acknowl- edged, do hereby, subject to prior recorded mortgages and easements, if any, grant, bargain, sell and convey unto the City of Little Rock, Arkansas, for the use and benefit of the Little Rock Sanitary Sewer Committee, the receipt of which is hereby acknowledged, do hereby, subject to prior recorded mortgages and easements, if any, grant, bargain, sell and convey unto the City of Little Rock, Arkansas, for the use and benefit of the Little Rock Sanitary Sewer Com- mittee, GRANTEE, unto its successors and assigns forever, the following described easements: A PERMANENT RIGHT, PRIVILEGE AND EASEMENT for the purpose of permitting the Little Rock Sanitary Sewer Committee and the Little Rock Wastewater Utility to clear and keep clear the surface of the right -of -way and (a) to lay, construct, oper- ate, maintain, repair, replace, reconstruct, test, inspect and add sewer mains and sewer lines whether one or more, and without the payment of additional compensation therefor; (b) keeping the easement clear of all buildings and other improvements of any kind; and (c) having the right to free ingress and egress across adjacent lands of the GRANTOR(S) to the lands hereinafter described. Subject to prior ease- ments of record and except as hereinafter stated, the Little Rock Sanitary Sewer Committee shall have the exclusive use of this right -of -way easement; and the GRANTOR(S) may here- inafter 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 the initial sewer construction is completed, the GRANTOR(S) may pave the easement surface and may use it for driveways, walks or parking areas. The GRANTOR(S) may permit other utility service to cross this with easement at approximately right angles, but only if such utilities first comply with whatever specifications the Little Rock Wastewater Utility may designate at the time for the protection of its own facilities. This permanent easement shall be upon the fol- lowing described lands situated in Pulaski County, Arkansas, to -wit: Commencing at the NE corner of Section 5, T -1 -N, R -13 -W; thence 801010'281 -W, 752.96'; thence N57 048'45 "W, 289.63' to the point of beginning of a 15, wide easement, 7.51 each side of its following described centerline, bearing N56 °33 30 "E a distance of 110.0•. 467 0 0 A TEMPORARY RIGHT, PRIVILEGE AND EASEMENT for the purpose of permitting the Little Rock Sanitary Sewer Committee and the Little Rock Wastewater Utility to remove all timber and obstructions therefrom and to make excavations, store exca- vated materials, tools, supplies and equipment, and provide working space. This temporary easement shall begin when the Little Rock Sanitary Sewer Committee and the Little Rock Wastewater Utility commence the initial work on the perma- nent easement and shall terminate one year after that date or when that work is completed, whichever is earlier. This temporary easement shall be upon the following described lands situated in Pulaski County, Arkansas, to -wit: Upon completion of the initial or any subsequent work by the Little Rock Sanitary Sewer Committee, the Little Rock Sani- tary Sewer Committee 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 subse- quent work by the Little Rock Sanitary Sewer Committee dam- ages any fence, curb or paved surface upon the rights -of- way, the Little Rock Sanitary Sewer Committee, 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(S) the right to connect to or receive service from any sewer or wastewater facility: the right to make connections and receive service shall be subject to the rules, regulations, policies or ordinances in effect at the time of application. To have and to hold said easements, rights and privileges unto the GRANTEE, and unto its successors and assigns for- ever, for the purposes aforesaid. w • • 0 0 And GRANTOR(S) covenants with GRANTEE, its successors and assigns, that subject to prior recorded mortgages and ease- ments, if any, it will forever warrant and defend the title to said easements and rights against the claims of all per- sons whomsoever and that GRANTEE, it successors and assigns, shall have at all times the quiet use of enjoyment of said easements and rights. WITNESS my (our) hands this day of , 1996. 469 1i ACKNOWLEDGMENT STATE OF ARKANSAS ) COUNTY OF PULASKI ) 40 On this day personally appeared before the undersigned, a Notary Public within and for the County and State afore- said, duly qualified, commissioned and acting, , to me well known as the GRANTOR(S) in the foregoing easement and stated that they had executed the same for the consideration and purposes therein mentioned and set forth. WITNESS my hand and official seal on this day of , 1996. Notary Public My Commission Expires: (Seal) r 470