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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. 1 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 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) -1- 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