98430 0
RESOLUTION NO. 9_A4q 667
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE SEWER EASEMENTS FOR THE
CONSTRUCTION BY LITTLE ROCK WASTEWATER
UTILITY OF SEWER LINES ON CITY PROPERTIES
WHEREAS, Little Rock Wastewater Utility has requested
that the City of Little Rock convey an easement for
placement of certain sewer lines on city -owned properties
located at (1) Hindman Park in the City of Little Rock near
the northwest corner of Brookwood Addition, Plat 1 to the
City of Little Rock for construction of the Brodie Creek
diversion structure consisting of a twenty -four inch (24 ")
line; and, (2) construction of a ten inch (10 ") line on
city -owned property in the vicinity of David O. Dodd
unsewered area project in connection with the sewer
improvements in the unsewered areas; and,
WHEREAS, it is in the best interest of the health,
safety and welfare of the citizens of the City to grant
these easements;
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 these sewer easements at the request
of the Little Rock Wastewater Utility in a form approved by
the City Attorney for the construction of these sewer lines
over city -owned properties located at Hindman Park and David
O. Dodd unsewered area project, all within the City of
Little Rock, Arkansas.
ADOPTED: November 19 , 1996.
ATTEST: APPROVED:
ROBBIE HANCOCK JO
CITY CLERK VI
APPROVED AS TO FORM:
THOMAS M. CAftPENTER
CITY ATTORNEY
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(Hindman Park M
RIGHT OF WAY EASEMENT
(CITY) G 070
KNOW BY ALL MEN THAT PRESENT:
THAT the City of Little Rock, GRANTOR, a Municipality existing
pursuant to the laws of the State of Arkansas, 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
($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, GRANTEE, and unto its successors
and assigns forever, the following described easement:
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, operate, maintain, repair,
replace, reconstruct, test, inspect and add sewer mains and sewer
lines whether one or more, appurtenances thereto, including those
needed for automatic data measurement and transmission, now and at
different times in the future, and without the payment of
additional compensation therefore; (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 to the lands hereinafter described.
Subject to prior easements of record and except as hereinafter
stated, the Little Rock Sanitary Sewer Committee shall have
the exclusive 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 the initial
sewer construction is completed, the GRANTOR may pave the easement
surface and may use it for driveways, walks or parking areas.
-1 -
M M M M
M M M M M M M M
0
671
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 Little
Rock Sanitary Sewer Committee and the Little Rock Wastewater
Utility may designate at the time for the protection of its own
facilities. This permanent easement shall be upon the following
described lands situated in Pulaski County, Arkansas, to -wit:
A strip of sanitary sewer easement, 50 feet in width, situated in
the Northeast Quarter of the Northeast Quarter of Section Twenty
Six, Township One North, Range Thirteen West of the Fifth
Principal Meridian (NE 1/4 - NE 1/4 Sec. 26, T -1 -N, R -13 -W 5th
P.M.), located in Pulaski County, Arkansas, the centerline being
more particularly described as follows:
Commencing at the Northwest Corner of Brookwood Addition, Plat #1,
to the City of Little Rock, Pulaski County, Arkansas, said point
also being the Northwest Corner of Lot 47 of said Addition, said
point being a 1/2" rebar.
Thence North 68 degrees 24 minutes 06 seconds West for a distance
of 556.13 feet to the center of the existing 42" Fourche Creek
Interceptor Main, said point being the Point of Beginning. Thence
North 62 degrees 12 minutes 35 seconds West for a distance of
106.44 feet along the centerline of said 50 foot easement to a
point; Thence North 51 degrees 35 minutes 21 seconds West for a
distance of 220.00 feet along the centerline of said easement to a
point; thence North 30 degrees 35 minutes 25 seconds West for a
distance of 75.00 feet along the centerline of said easement to
the center of the existing Brodie Creek Interceptor Main; thence
North 30 degrees 35 minutes 25 seconds West for a distance of
25.00 feet along the centerline of said easement to the Point of
Termination, said property containing 0.49 acres more or less.
Upon completion of the initial or any subsequent work by the
Little Rock Sanitary Sewer Committee, the Little Rock Sanitary
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 subsequent work by the Little
Rock Sanitary Sewer Committee damages any fence, curb or paved
1WM
f 672
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 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 forever, for the
purposes aforesaid.
It is hereby understood by the parties hereto that in the event it
becomes necessary in the judgment of the City of Little Rock to
relocate the sewer line, manhole and appurtenances thereto, to be
located within the easement granted herein or such other easement
that GRANTOR shall provide at no expense to GRANTEE, that the
Little Rock Sanitary Sewer Committee will bear the cost of all
such reasonable expenses incurred by the City which are directly
attributable to and arise out of the relocation.
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 of enjoyment of said easements and rights.
IN WITNESS WHEREOF, the name of the GRANTOR is hereunto affixed by
its Mayor and its seal affixed by its City Clerk, this
day of , 1996.
By:
Attest:
City Clerk
-3-
6 673
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF PULASKI )
On this day personally appeared before the undersigned, a
Notary Public within and for the County and State aforesaid, duly
qualified, commissioned and acting,
and to
me well known who stated that they were the Mayor and City Clerk
of Little Rock, a municipality existing pursuant to the laws of
the State of Arkansas, and were duly authorized in their
respective capacities to execute the foregoing easement for and in
the name and behalf of said municipality, and further stated and
acknowledged that they had so signed, executed and delivered said
easement for the consideration, uses and purposes therein
mentioned and set forth.
WITNESS my hand and official seal on this
1996.
My Commission Expires:
(SEAL)
Notary Public
-4-
day of
C
N 30•;
25.00'
�
50' Sanifary m M
Sewer EasemerO
— Legai Description —
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- Notes -
A strip of sanitary sewer easement, 50 feet In width,
6 Bab el 9..d q: &. '.
situated in the Northeast Quarter of the Northeast Quarter
Stat. lHan. CaaMnab. e. "m d.d be N.
of Section Twenty Six, Township Ono North, Range Thirteen West
LIM. Real W*A.. .r =ty.
of the Fifth Principal Meridian (NE 114 -NE 114 Sec: 26, T -7 -N,
2 M. aam.r a. to N. emek.evd Addglen
R -13 -W 5th P.M.), located In Pulaski County, Arkansas, the
to th. Cty of Ota. Rack 4 M.rwmed le the
canterltne being more particularly described as follows:
am.nd.d Plat of ..Id Addlaon, plat dotal
COMMENCING at the Northwest Comer of Brookwood
May 26, 1960. =md.d Aug. 31. 1960.
Addition, Plat it, to the City of Little Rock, Pulaski County,
J. N aan:.n an nabd w found, the anbrdw
Arkansas, sold point also being the Northwest Comer of Lot 47
of said Addition, sold point being a 112" rebar.
of th ..a.....t I. net monum.nt.d ar of tN..a.vy
THENCE North 68 degrees 24 minutes 06 seconds West for a
distance of 556.13 feet to the canter of the existing 42" Fourche
Creek Interceptor Main, sold point being the POINT OF BEGWMNG.
THENCE North 62 degrees 12 minutes 35 seconds West for a
distance of 106.44 feet along the centerline of sold 50' easement to
a point.
THENCE North 51 degrees 35 minutes 21 seconds West for a
distance of 220.00 feet along the centerline of said easement to a
paint,
W
. THENCE North 30 degrees 35 minutes 25 seconds West for a
distance of 75.00 feet along the centerline of said easement to
the center of the existing Brodie Creek Interceptor Main;
THENCE North 30 degrees 35 minutes 25 seconds West for a
distance of 25.00 feet along the centerline of sold easement to
°id• �•t
xi.R.nw u.x
the POINT OF TERMINATION.
Together with and subject to covenants, easements, and
restrictions of record.
\
_
Said property contains 0.49 acres more or less.
SNI&
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- Notes -
\
6 Bab el 9..d q: &. '.
C.Nnaauam P 1222
Stat. lHan. CaaMnab. e. "m d.d be N.
V
LIM. Real W*A.. .r =ty.
74
2 M. aam.r a. to N. emek.evd Addglen
\
to th. Cty of Ota. Rack 4 M.rwmed le the
am.nd.d Plat of ..Id Addlaon, plat dotal
\
May 26, 1960. =md.d Aug. 31. 1960.
Jab e: 9605
111. Nam.: g606a.p•
J. N aan:.n an nabd w found, the anbrdw
106u Al c Drive
of th ..a.....t I. net monum.nt.d ar of tN..a.vy
Hot 4510?!�2g�31]571113
— Certification —
Fhb b to c.Rky Nat th. above kud,ha. b..n
..rw d by m., ar und.r my .,.rWkn M ..n an
mark.d a..h..m and . N ..canrmn LIth ..bang
monum.nb found M M. kbvty. 1N. cWOCafIm b far
and hdt.d to N. eard., shorn h.r.an
4�G1ST....
STATE OP
O • !�, atlxAM!
ti 10, LAN .
\
\
Martal. 020007
AL 1/2• R.bar —�
W Cor emokrood Addlaon
%at 11. al.* b.bg th.
IN Cor Lot 17 e1 .old Addlaon
50' SaNtary S...r rct.m.nt
born by: sc
Brodie Creek Diversion Structure
C.Nnaauam P 1222
NE 1 14 -NE 114 Sec. 26, T -1 -N, R -13 -W
SW.:t. -6o•
oat.: Jan. 1. 19ge
Pa/a.M cou t, J+kenaa.
nJd Book 952. 951
RwiJOn.:
Pmpm.d Fen Llttla Rock Wastewater Utility
227 E Capitol
Little Rock, Arkansas 72202
Jab e: 9605
111. Nam.: g606a.p•
S..tt E Canndiy
Prot..0a..] tend Surveyor
106u Al c Drive
960e.erd
Hot 4510?!�2g�31]571113
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RIGHT OF WAY EASEMENT
(CITY)
KNOW BY ALL MEN THAT PRESENT:
M M
(David O. Dodd)
THAT the City of Little Rock, GRANTOR, a Municipality
existing pursuant to the laws of the State of Arkansas,
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 ($1.00), and other
valuable consideration paid by 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 Committee, GRANTEE, and unto its successors
and assigns forever, the following described easement:
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,
operate, maintain, repair, replace, reconstruct, test,
inspect and add sewer mains and sewer lines whether one or
more, appurtenances thereto, including those needed for
automatic data measurement and transmission, now and at
different times in the future, and without the payment of
additional compensation therefore; (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 to the lands hereinafter
described. Subject to prior easements of record and except
as hereinafter stated, the Little Rock Sanitary Sewer
Committee shall have the exclusive 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 the
initial sewer construction is completed, the GRANTOR may pave
the easement surface and may use it for driveways, walks or
1.
6,1
M
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 Little Rock Sanitary Sewer Committee and
the Little Rock Wastewater Utility may designate at the time
for the protection of its own facilities. This permanent
easement shall be upon the following described lands situated
in Pulaski County, Arkansas, to -wit:
A twenty foot (20') wide easement lying ten feet either side
of, and being parallel with and adjacent to the following
described centerlines:
Part of the SE 1/4, SE 1/4 of Section 27, T -1 -N, R -13 -W,
Pulaski County, Arkansas, more particularly described as:
Commencing at the NE corner of the SE 1/4, SE 1/4 of said
Section 27; thence S 02 °38'05" W 701.12 feet to the POINT OF
BEGINNING; thence N 69 027129" W 24.42 feet; thence N
01 047130" E 70.91 feet to the POINT OF TERMINATION of said
centerline.
AND,
Part of the SE 1/4, SE 1/4 of Section 27, T -1 -N, R -13 -W,
Pulaski County, Arkansas,. more particularly described as:
Commencing at the NE corner of the SE 1/4, SE 1/4 of said
Section 27; thence S 02 °38'05" W 701.12 feet; thence N
69 027129" W 24.42 feet to the POINT OF BEGINNING; thence N
89 030156" W 122.68 feet to the POINT OF TERMINATION of said
centerline.
AND,
Part of the SE 1/4, SE 1/4 of Section 27, T -1 -N, R -13 -W,
Pulaski County, Arkansas, more particularly described as:
Commencing at the NE corner of the SE 1/4, SE 1/4 of said
Section 27; thence S 02 038105" W 701.12 feet; thence N
69 027'29" W 24.42 feet; thence N 89 °30156" W 301.68 feet to
the POINT OF BEGINNING; thence continuing N 89 030'56" W 41.74
feet; thence N 73 012153" W 969.96 feet; thence N 01 057132" E
141.95 feet; thence N 88 002.38" W 20.04 feet to the POINT OF
TERMINATION of said centerline.
In all containing 27,632.55 square feet, more or less.
With parallel sides of said easement extending to the
property lines.
AND,
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 67 Q
obstructions therefrom and to make excavations, store
excavated 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
permanent 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:
A forty foot (40') wide temporary construction easement lying
North of, and, a fifteen foot (151) wide temporary
construction easement lying South of, and being parallel with
and adjacent to the above described easement;
With parallel sides of said easement extending to the
property lines.
Upon completion of the initial or any subsequent work by the
Little Rock Sanitary Sewer Committee, the Little Rock
Sanitary 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
subsequent work by the Little Rock Sanitary Sewer Committee
damages 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 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
forever, for the purposes aforesaid.
It is hereby understood by the parties hereto that in the
event it becomes necessary in the judgment of the City of
Little Rock to relocate the sewer line, manhole and
• • 1F
appurtenances thereto, to be located within the easement
granted herein or such other easement that GRANTOR shall
provide at no expense to GRANTEE, that the Little Rock
Sanitary Sewer Committee will bear the cost of all such
reasonable expenses incurred by the City which are directly
attributable to and arise out of the relocation.
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 of enjoyment
of said easements and rights.
IN WITNESS
WHEREOF,
the name of the GRANTOR
is hereunto
affixed by
its Mayor
and its seal affixed by its
City Clerk,
this
day of
, 1996.
am
Attest:
City Clerk
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF PULASKI )
On this day personally appeared before the undersigned,
a Notary Public within and for the County and State
aforesaid, duly qualified, commissioned and acting,
and , to me well known who
stated that they were the Mayor and City Clerk of Little
Rock, a municipality existing pursuant to the laws of the
State of Arkansas, and were duly authorized in their
respective capacities to execute the foregoing easement for
and in the name and behalf of said municipality, and further
stated and acknowledged that they had so signed, executed and
delivered said easement for the consideration, uses and
purposes therein mentioned and set forth.
8�3
WITNESS my hand and official seal on this day
of
1996.
Notary Public
My Commission Expires:
(SEAL)
_.SCALE : l " - 300'
A/6 c..
� �3�/2' Al B9'7a'SG "6✓
90.9%
PO. B. -`
A/ 8'rJ0'6(
IJ
69'30'5a *w /2L.48'
30).'58'
ry
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24.43'
1.
EASEMENT DESCRIPTION
A twenty fool (20') ,Mde easement lying ten feel either side of, and being parallel with and
adjacent to the following described centerlines:
Part of the BE 1/4, BE 114 of Section 27. T -1N, R -13-W, PulasldCounly, Arkansas, more
particularly described as:
Commencng at the NE comer of the BE 1 14, BE 114 of said Section 27; thence S 02 °38'05 W
701.12 feel to the POINT OF BEGINNING; thence N 69°27'29' W 24.42 feet; thence N
0104T30' E 70.91 feet to the POINT OF TERMINATION of said centerfine.
AND.
Part of the BE 1/4, BE 1/4 of Section 27, TAN, R -13-W, Pulasld County, Arkansas, more
particularly described as:
Commencing at the NE comer of the SE 114. BE 1/4 of said Section 27; thence S 02 038'05• W
701.12 feet; thence N 69-2729"W 24.42 feel to the POINT OF BEGINNING; thence N
89 030'56' W 122.68 feet to the POINT OF TERMINATION of said centerline.
AND,
Part of the BE 1/4, SE 114 of Section 27. T -1 N, R -13-W, Pulaski County, Arkansas, more
particularly described as:
Commencing at the NE comer of the BE 1 /4, SE 1/4 of said Section 27; thence S 02 °38'05' W
701.12 feet; thence N 89 °2729' W 24.42 feel; thence N 89.30'96' W 301.58 feet to the POINT
OF BEGINNING; thence continuing N 89'30'56' W 41.74 feet; thence N 73 °12'53' W 969.98
feel; thence N Ci "5T32'E 141.95 feel; thence N88'02'38W 20.04 feet to the POINT OF
TERMINATION of said cemedlne.
In all containing 27,632.55 square feel or 0.534 acres, more or less.
With parallel sides of said easement extending to the property Tines.
AND,
A forty foot (4(Y) wide temporary construction easement lying North of , and, a fifteen fool (16)
wide temporary construction easement lying South of, and being parattel with and adjacent to the
above described easement:
With parallel sides of said easement extending to the property lines.
DEVELOPMENT
CONSULTANTS
NCORPORATED
enr snomna anrrn mna
cotrr<ao
wu as w
urru aoa4 .uwexe rrur
THIS DRAWING IS FOR THE
PURPOSE OF ACOUIRING
A SANITARY SEWER EASEMENT
AND DOES NOT REPRESENT A
BOUNDARY SURVEY.
THE PRESENCE OF A SURVEYORS
SEAL IS A REQUIREMENT OF THE
LITTLE ROCK WASTEWATER
UTILITY AND DOES NOT IMPLY
THAT A VALID SURVEY HAS BEEN
PERFORMED.
3
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