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10845I 2 0 0 RESOLUTION NO. 10,845 3 A RESOLUTION TO AUTHORIZE THE MAYOR AND 4 CITY CLERK TO EXECUTE A UTILITY EASEMENT 5 IN CITY RIGHT -OF -WAY TO ENTERGY, 6 ARKANSAS, INC., FOR THE PURPOSE OF 7 CONSTRUCTING A UTILITY VAULT TO SERVE 8 DOWNTOWN LITTLE ROCK; AND FOR OTHER 9 PURPOSES. 10 tl WHEREAS, ENTERGY, Arkansas, Inc., desires to install a utility vault on City 12 right -of -way property located next to the Chamber of Commerce construction site on 13 La Harpe Boulevard in order to serve better the electric power requirements of 14 downtown Little Rock, and 15 WHEREAS, this utility vault location will alleviate some of the seasonal demand 16 for electricity and will assist ENTERGY in meeting the new electric power requirements 17 for the developing downtown area, and 18 WHEREAS, the City of Little Rock intends later this year to convey this portion 19 of right -of -way to the Chamber of Commerce and the Arkansas Highway and 20 Transportation Department, once the curb line has been constructed and surveyed, 21 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF 22 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: 23 Section 1. The Mayor and City Clerk are hereby authorized to sign documents 24 to grant a utility easement in the City right -of -way to ENTERGY Arkansas, Inc., in 25 substantially the same form as that attached as Exhibit A to this resolution. 26 Section 2. Severability. In the event any title, section, subsection, 27 subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this 28 resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 29 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the resolution. Section 3. Repealer. All laws, resolutions, or parts of the same, that are inconsistent with the provisions of this resolution are hereby repealed to the extent of such inconsistency. ADOPTED: June 20, 2000 ATTEST: APPROVED: Nancy Wood, ity Clerk APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, City"Attorney -z- U� Ji tPailey, Mayor 0 UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS: 0 ]hat, the City of Little Rock, Arkansas, Grantor, pursuant to Resolution No. 10,845, of the Little Rock Board of Directors, adopted on June 20, 2000, and for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto Entergy Arkansas, Inc., Grantee, and unto it successors and assigns forever, a perpetual privilege and easement with the right of ingress and egress across right -of -way of the Grantor, now and at different times in the future, such as not to unreasonably obstruct the uses on adjacent property of Grantor, for the purpose of laying, constructing, maintaining, repairing, replacing, testing and inspecting a utility vault. The Grantee may, at Grantees own risk, perform any other acts upon said lands not inconsistent with the rights herein granted, said utility easement being located in Pulaski County, Arkansas: as: Part of the existing and /or proposed right -of -way of La Harpe, Blvd., more particularly described Beginning at the SE comer of Lot 11, Block 34, original City of Little Rock, Arkansas; thence N 06° 1600" E along the existing West right -of- way line of La Harpe Blvd. 69.0'; thence South 83° 35'37" E 23.0'; thence South 06° 1600" West parallel to the West right -of -way line of La Harpe Blvd. 44.0'; thence North 83° 35'37" W 10.0' to the point of beginning, containing 0.029 acres, more or less. TO HAVE AND TO HOLD said easement, rights, and privileges unto the said Grantee and unto its successors and assigns forever for the purpose aforesaid, provided the Grantee acknowledges that this easement is subject to the provisions of the Grantor's utility relocation policies, AND SAID GRANTOR, THEIR HEIRS, SUCCESSORS AND ASSIGNS COVENANT with the said Grantee, its successors and assigns that it shall have at all times the quiet use and enjoyment of said utility easement and rights. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _ day of July, 2000. ATTEST: CITY OF LITTLE ROCK, ARKANSAS Nancy Wood, City Clerk Jim Dailey, Mayor This instrument was prepared by the Office of the City Attorney, Little Rock, Arkansas. [EXHIBIT A: Little Rock, Ark., Resolution No. 10,845 (June 20, 2000)]