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108510 • 1 RESOLUTION NO.10, 851 2 3 A RESOLUTION TO AUTHORIZE AN EASEMENT 4 BETWEEN THE CITY AND SOUTHWESTERN 5 BELL TELEPHONE COMPANY TO INSTALL 6 COMMUNICATIONS FACILITIES IN ALLSOPP 7 PARK; AND FOR OTHER PURPOSES. 8 WHEREAS, the City has been approached by Southwestern Bell Telephone 9 Company about an easement to install communications facilities in Allsopp Park, and 10 WHEREAS, it has been recommended that the City grant this easement since this 11 particular placement will not have any negative impact upon the use of the park; or the 12 aesthetics of the park. (ATTACHMENT A) 13 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF 14 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: 15 Section 1. The Mayor and City Clerk — in office on the date the easement is 16 executed — are authorized to execute an easement to Southwestern Bell Telephone 17 Company in a form substantially the same as that attached as exhibit A to this Resolution. 18 Section 2. To the extent provided by law, the City reserves the right to cancel this 19 easement at any time in the future that it is determined to be in the best interest of the 20 City to do so. 21 ADOPTED: July 5, 2000 22 ATTEST: APPROVED: 23 s /Nancy Wood s /Jim Dailey 24 Nancy Wood, City Clerk Jim Dailey, Mayor 25 26 APPROVED AS TO LEGAL FORM: 27 28 s /Tom Carpenter 29 Thomas M. Carpenter, City Attorney 30 Little Rock Parks & Recreation Dept. . 500 W. Markham, Room 40 WR1i9965 Little-Rock, AR 72201 Dsa# 1224 EASEMENT FOR EQUIPMENT STATION Esmt#1 THIS EASEMENT, entered into by the undersigned. herein referred to as GRANTORS, and SOUTHWESTERN BELL TELEPHONE COMPANY, GRANTEE, wherein GRANTORS, in consideration of the s:1m of One thousand dollars and 0 /00 ---- ------ Dollars (S 1000.00 - -I, and other valuable consideration. receipt of which is hereby acknowledged, do by these presents GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns, a permanent easement to construct, operate, maintain, reconstruct, enlarge, fence and remove a communications equipment station upon the following described land, situated in Pulaski County, State of AR and described as follows: A communications easement located on that portion of a tract of land as recorded in Parcel Number 33L- 026 -00- 017 -00 in the office of Circuit Clerk, Pulaski County, Arkansas being described as follows: The above described easement shall be located on a 20 foot by 20 foot easement in the NE 1/4 of Section 31, T -2 -N, R -12 -W. The north line of said easement will be located parallel to' the north line of Allsopp Park. (See survey for detailed description.) *See Attachment A TO HAVE AND TO HOLD same, together with all rights and appurtenances to the same belonging, unto Grantee, its successors assigns forever, including (1) the right to connect said station with the Grantee's communications systems by means of aerial and underground cables, wires and antennas, (2) the right to enclose said land with a fence, (3) the right of ingress and egress to and from said station, (4) the right to construct. operate and maintain, or license other to do, service lines for electric power and telephone and (5) to clear and keep cleared all trees, overhanging branches, roots, brush and other obstructions from said land. Grantors covenant that they and their heirs, successors, administrators and assigns shall and will WARRANT AND DEFEND the title to the premises unto the said Grantee, and to its successors and assigns forever against the lawful claims of all persons whomsoever, and further that the Grantee, its successors and assigns, may quietly enjoy the premises for the uses herein stated. Grantors warrant that they have no knowledge of environmental hazards affecting the land, except those disclosed to Grantee. Grantors agree to hold Grantee harmless for liability arising from undisclosed environmental hazards. Signed and executed this day of 19_ 716014465 Jim Dailey, Mayor kederal Witness: (Corporate Seal) ATTEST: By THE STATE OF COUNTY OF Secretary ACKNOWLEDGMENT President BEFORE ME, the undersigned authority, on this day personally appeared . known to me to be the person_ whose name_ isiare subscribed to the foreeoine instrument and acknowledged to me that _heithey executed the same for purposes and considerations therein expressed. Given under my hand and seal of office this the day of . A.D. 19 This tunnunem was prepared by Southwestern Bell Telephone Co. Notary Public in and for County. State of I I I I W. C,p❑ol My Commission Expires Little Rock —kik %-'203 0 0 ATTACHMENT "A" Grantee to place grassroad pavers (TM) or equivalent approved material by Grantor in ingress, egress area. Grantee to remove & relocate two trees as referenced in survey if so required to place equiment cabinet. Grantor to provide Grantee with location for relocated trees. nu. p pw d by : n. eel TdMhe . !!II W C.pit.1 laty Or Little KOOK WRA19965 701 W. Markham, Room 114 DSA111224 ® Southwestern Bell � phone Little Rock, AR 72201 Exmt #IA EASEMENT FOR UNDERGROUND FACILITIES THIS EASEMENT, entered into by the undersigned, herein referred to as GRANTORS, and SOUTHWESTERN BELL TELEPHONE COMPANY, GRANTEE, wherein GRANTORS in consideration of the sumof One hundred forty —eight and 00 /XX---- - - - - -- Dollars (S 148.00 - - - -) and other valuable consideration, receipt of which is hereby acknowledged, do by these presents GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns a permanent casement to construct, operate, maintain, inspect, replace, and remove such underground telecommunication systems and lines, and all appurtenances thereto, as may be required by Grantee from time to time, upon, over and under a strip of land 10 feet in width, across Grantors' land situated in _ Pulaski County, and described as follows: A communications easement across a tract of land as recorded in Parcel No. 33L- 026 -00- 017 -00 in the office of Pulaski County Circuit Clerk lying in the NE ; of Section 31, T -2 -N, R -12 -W, being more particularly described as follows: A 10 foot easement in the above mentioned tract of land which lies east of Kavanaugh Blvd, and parallel and to the north line of Allsopp Park for a distance of 45 feet, more or less. TO HAVE AND TO HOLD same, with all rights and appurtenances to the same belonging, unto Grantee, its successors assigns, until the use of the easement is relinquished or abandoned, including (1) the right of ingress and egress to and from the casement by reasonable routes across Grantors' property, (2) the right to clear and trim trees, overhanging branches, roots, brush and other obstructions in the easement, (3) the right to place on the surface of the easement manholes, cable risers, connector terminals, repeaters, testing terminals, and route markers, and (4) the right to install temporary or permanent gates in fences crossing the casement. Grantee, its successors and assigns shall repair and restore the property and pay for damage to crops and other property following the construction and maintenance work. Further. Grantors reserve the right to use and enjoy their interests in the easement area insofar as the exercise thereof does not endanger or interfere with the construction, operation and maintenance of said systems and lines; and included in this reservation is the right of ordinary cultivation of crops. Grantors warrant that they are the owners of the land here conveyed, they have no knowledge of environmental hamrds affecting the land, except those disclosed to Grantee, and they have the right to make this conveyance and receive the payment thereof, and Grantors covenant that Grantee, its successors assigns, and licensees. may quietly enjoy the premises for the uses herein stated. Grantor agrees to hold Grantee harmless for liability arising from undisclosed environmental haT.,rds. Signed and executed this day of . 19 71- 6014465 Jim Dailey, Mayor Fed. I.D. II ACKNOWLEDGMENT I IE 5r.\ rE OF t;OUNTY OF BEFORE tb1E. the undersigned auutority. on this day personally appeared . known to me to be the person_ whose name_ israrc subscribed m the foregoing instroment and acknowledged to me that _hcahev executed the ;amc for purposes and considerations therein expressed. (iiven under my hand and seal of office this the day of , .A.D. I')_ "%Aw BtuT ntw. Clpiror Numry Public in and for l:oumc, State of fly Commission Expires _ 0 uRfS"Vocto OR m / X m r 3 z D � iv F F F F o v O A O UN 'o P m m 0 n in v NS C a'o 2 • a� A O N� O X0 x aNO Om -O nN 'a a,• a 65 999 _ d � m m 3 n R! 0 0 fl9 K emm y m E* SSN n o � y . C fi b 1 5 v gm € o= ICU { C Z A x p S l 31 Yi �r F° 103 03 bb co NORTHO 18 set nail I- pipe "0 P A 0 0