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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.
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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•.
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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.
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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)
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