10112542
1 I RESOLUTION NO. 10,112
A RESOLUTION AUTHORIZING A RIGHT -OF -WAY
EASEMENT ACROSS CITY OF LITTLE ROCK PARK
PROPERTY THAT IS PARALLEL TO STAGECOACH
ROAD FOR USE AND BENEFIT OF THE LITTLE ROCK
WASTEWATER UTILITY FOR THE EXTENSION OF A
SEWER LINE TO WEST WOOD APARTMENTS.
WHEREAS, staff has reviewed this project and determined no significant adverse
impact on the City's property; and
WHEREAS, the developer of West Wood Apartments has cooperated with the City
to provide inexpensive alternatives for water and sewer connections in future park
improvements; and
WHEREAS, Parks supports this cooperative venture with Little Rock Wastewater
Utility and West Wood Apartments.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The Mayor and City Clerk are hereby authorized to execute the
necessary documents to grant a right -of -way easement across City of Little Rock park
property that is parallel to Stagecoach Road for use and benefit of the Little Rock
Wastewater Utility for extension of a sewer line to West Wood Apartments which is adjacent
to and east of the City's property. 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.
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ADOPTED: October 21, 1997
ATTEST:
ROBBIE HAN OCK
CITY CLERK
APPROVED AS TO FORM:
THOMAS M. CARPEN R
CITY ATTORNEY
APPROVED:
JI AILEY
MAYOR
543
M IMRIGiF �EAS_IT _.
(Corporation)
KNOW ALL MEN BYTHESE PRESENTS: •
THAT we (I), 1 544
GRANTOR(S), a corporation organized under and by virtue of the
laws of the State of Arkansas, by its and
duly authorized by proper resolution of its
Board of Directors, 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
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 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 improve-
ment 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 protec-
tion of its own facilities. This permanent easement shall be
upon the following described lands situated in Pulaski County,
is Arkansas, to -wit:
A 15 ft. wide sewer easement located in the NE1 /4 of Section 7,
T -1 -S, R -13 -W, Pulaski County, Arkansas being 7.5 ft. either side
of the herein described centerline: Starting at the intersection
of the centerline of Arkansas State Hwy 05 (Stagecoach Road) and
the east line of the NE1 /4 said Section 7; thence N02132128 11E
along said east line 88.15 ft. to the point of beginning of
herein described centerline; thence S5000310911W along a line
being 65.00 ft. north of and parallel with the centerline of said
Arkansas State Hwy. #5, 742.7 ft. to the point of termination of
herein described centerline. (Bearings are based on Arkansas
State Plane Coordinates)
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M
7 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 ob-
structions 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 temporary construction easement being 10 ft. north and 10 ft
south of and adjacent to the permanent easement described above.
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 excava-
tions 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 Sani-
tary 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(S) the
right to connect to or receive service from any sewer or wastewa-
ter facility; the right to make connections and receive service
shall be subject to the rules, regulations, policies or ordinanc-
es 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 ease-
ments, 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 ,
1997.
ATTEST:
By:
1 v w
i
• ACKNOWLEDGMENT •
Lai
0
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 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 corpo-
ration, and further stated and acknowledged that they had so
signed, executed and delivered said easement for the consider-
ation, uses and purposes therein mentioned and set forth.
WITNESS my hand and official seal-an this day of
, 1997.
My Commission Expires:
(Seal)
-3-
Notary Public