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! 683
RESOLUTION NO. 9.845
A RESOLUTION AUTHORIZING A
RIGHT -OF -WAY EASEMENT ACROSS CITY OF
LITTLE ROCK PARR PROPERTY ALONG ROCK
CREEK FOR USE AND BENEFIT OF THE
LITTLE ROCK WASTEWATER UTILITY FOR
EXTENSION OF A SEWER LINE TO THE
C -STORE AT MARKHAM AND CHENAL
PARKWAY.
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 the C -Store
at Markham and 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: November 19, 1996
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RIGHT OF WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
MEXRMT RV
THAT we (I),
GRANTOR(S) , for and in consideration of the sum of Ten and No /100
Dollars ($10.00), 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 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,
operate, maintain, repair, replace, reconstruct, test, inspect
and add sewer mains and sewer lines whether one or more, and
without the payment of additional compensation therefore; (b)
keeping the easement clear of all buildings and other improve-
ments 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 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. 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:
Exhibit "A"
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 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:
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.
HE
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 forever, for the
purposes aforesaid.
And GRANTOR(S) 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 and its seal affixed by its
this day of , 1996.
L'JUR
ATTEST:
(CORPORATE SEAL)
68J
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ACKNOWLEDGMENT
STATE OF ARKANSAS
A01 I1SL•]M *Dw�T.fI
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 and
of a corporation, and were duly
authorized in their respective capacities to execute the foregoing
easement for and in the name and behalf of said corporation, 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 day of
1996.
Notary Public
My Commission Expires:
(Seal)
Exhibit A
SANITARY SEWER EASEMENT
68 "1
A 15 ft. wide Sanitary Sewer Easement 7.5 ft. either side of the
centerline described herein: Part of the NE1 /4 of Section 5 and
NW1 /4 of Section 4, T -1 -N, R -13 -W in the City of Little Rock,
Pulaski County, Arkansas being more particularly described as
follows:
Starting at the northeast corner of said Section 5; thence
S01 010128 11W along the east line of said Section 5 a distance of
752.96 ft.; thence N57 048145 "W, 5.26 ft. to the point of beginning;
thence NO3°11119 "E, 7.36 ft.; thence S86 038148 "E, 153.01 ft. to the
point of termination of said centerline.