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115351 2 3 4 5 6 7 8 9 10 11 12 11 RESOLUTION NO. 11,535 • 2003066986 07/0712003 08:14:16 AN Filed 8 Recorded in Official Records of CAROLYN STALEY PULASKI COUNTY CIRCUIT /COUNTY CLERK Fees 423.00 A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE A DEED, AND ANY OTHER NECESSARY DOCUMENTS, FOR THE DEDICATION OF A PUBLIC UTILITY EASEMENT CORRIDOR IN THE WILLIAM JEFFERSON CLINTON PRESIDENTIAL PARK; AND FOR OTHER PURPOSES. WHEREAS, the City Board of Directors created the William Jefferson Clinton Presidential Park (the "Park ") and desires to assure that, among other things, the park boundaries are sufficient to house the Clinton Presidential Library and other 13 improvements, and 14 WHEREAS, in the process of performing site preparation for the construction of 15 the planned structures and improvements it was necessary to abandon the rights -of -. 16 way of certain streets as set forth in Little Rock, Ark. Ordinance No. 18,586 (October 16, 17 2001), and to demolish and remove those abandoned streets within the Park, and 18 WHEREAS, certain utilities and fiber optic facilities had been located in the 19 former street rights -of -way and now must be relocated to another area within the Park, 20 and 21 WHEREAS, the City Board desires to establish an easement corridor on the edge 22 of the Park boundary for the permanent placement, subject to the reservation or 23 relocation rights by the City, of the utilities and fiber optic facilities which were >jeeea uea�e•� 24 removed from the former rights -of -way and for the placement of !&., an'dyfibe�,optic 25 facilities which may be located in the Park in the future. O - O e 26 � ' Yid ~4 N1'�M [PAGE 1OF6] V, ye Amhm¢c n Public U�ilit Eucmcm Prunde Caeridor in Pnsidentul Park • � ��y py e. ��e0p0 Y�Y400 0 n U 1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 2 THE CITY OF LITTLE ROCK, ARKANSAS: 3 Section 1. The Mayor and City Clerk are hereby authorized to execute 4 easements and agreements in a form acceptable to the City Attorney and substantially 5 in the form of Attachment A to this resolution, in order to dedicate a public utility 6 easement corridor in the Park for the placement, use and maintenance of such facilities. 7 Section 2. Severability. In the event any title, section, paragraph, item, sentence, 8 clause, phrase, or word of this resolution is declared or adjudged to be invalid or 9 unconstitutional, such declaration or adjudication shall not affect the remaining 10 portions of the resolution which shall remain in full force and effect as if the portion so 11 declared or adjudged invalid or unconstitutional was not originally a part of the 12 resolution. 13 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that 14 are inconsistent with the provisions of this resolution, are hereby repealed to the extent 15 of such inconsistency. 16 Section 5. This resolution shall be in full force and effect from and after its 17 adoption. 18 ADOPTED: June 17, 2003 19 ATTEST: 20 21 22 Nar♦cy Woo' City Clerk 23 24 APPROVED AS TO FORM: 25 26 27 Thomas M. Carpenter, City ttorney [PAGE 2 OF 6] Autbarlm Deed for Public Utility Faccrucru Corridor in Praidcnlul Park APPROVED: M , I mm 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 n U Doc# 2003066986 • ATTACHMENT A: DEED OF EASEMENT DEED OF EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the CITY OF LITTLE ROCK, an Arkansas municipal corporation, Grantor, duly authorized by its Board of Directors, for the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, convey and dedicate unto the CITY OF LITTLE ROCK, Grantee, and unto its successors and assigns, an easement corridor for utilities lying in Clinton Presidential Park (the "Park ") in Little Rock, Pulaski County, Arkansas, to -wit: A 20 foot wide easement for utilities being more particularly described as follows: Commencing at the Northeast corner of Block 10 Russell's Addition to the City of Little Rock; thence along the West line of Industrial Drive South 01 degrees 26 minutes 07 seconds West a distance of 286.71 feet for a POINT OF BEGINNING; thence North 87 degrees 56 minutes 50 seconds West a distance of 989.62 feet; thence North 02 degrees 14 minutes 19 seconds East a distance of 646.57 feet; thence North 80 degrees 00 minutes 33 seconds West a distance of 44.02 feet to the East edge of Collins Street; thence South 00 degrees 41 minutes 38 seconds West a distance of 20.27 feet along the East edge of Collins Street; thence South 80 degrees 00 minutes 33 seconds East a distance of 23.29 feet; thence South 02 degrees 14 minutes 19 seconds West a distance of 646.23 feet to the South line of Block 2 Rectortown Addition; thence South 87 degrees 56 minutes 31 seconds East a Authoriw Uccd for Public Utility lineman Corridor in Pruidcmizl Park [PAGE 3 OF 6] 1 K 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 fiE:? 19 20 21 22 23 24 W, 26 9 0 distance of 295.57 feet along said South line of Block 2 Rectortown Addition; thence South 88 degrees 00 minutes 03 seconds East a distance of 358.82 feet; thence South 86 degrees 30 minutes 52 seconds East a distance of 60.04 feet; thence South 88 degrees 15 minutes 09 seconds East a distance of 81.70 feet; thence South 87 degrees 56 minutes 50 seconds East a distance of 213.76 feet; thence North 01 degrees 26 minutes 07 seconds East a distance of 17.82 feet to the POINT OF BEGINNING; said described tract containing 0.709 acres (30,875 square feet) more or less. SUBJECT TO the utility relocation policy of the Grantor which requires the utilities located in the above described easement to relocate at the utilities' expense in the event a public project or public purpose requires a relocation of said facilities. It is the intent of this dedication of easement that relocation for a public project or purpose shall occur at utility expense if the movement is required by the City of Little Rock on its own behalf, but not for any improvements caused or occasioned solely by, or on behalf of, the William J. Clinton Presidential Foundation (the "Foundation'), the Clinton Presidential Center as defined in the Lease Agreement between the City of Little Rock and the Foundation dated as of March 1, 2002, the National Archives and Records Administration ( "NARA "), or the University of Arkansas for the education center in the Park, or the successors or assigns or any combination of these four entities. SUBJECT FURTHER to the requirement that any utility or entity desiring to use this easement for the placement of its facilities in the Park in the future shall comply with all applicable City requirements and obtain the necessary 27 permits from the City, and shall provide advance notice to the other entities with PAGE 4 OF 61 nuthorim Deed for Public Utility Ezacmcnt Corridor in Presidential Park 0 0 1 facilities in the easement in order to coordinate the construction and placement 2 so as to minimize interference with such other facilities. 3 TO HAVE AND TO HOLD unto the Grantee and unto its successors and 4 assigns forever, with all the appurtenances thereunto belonging. 5 IN WITNESS WHEREOF, this instrument is executed this . day of 6 JUtA./ ,2003. 7 ,,,,,,rojol GRANTOR: 8 4011ki CITY OF LITTLE ROCK, AKANSAS if � h'u` �a 10 By: 11 i r� Jim Dailey 12 13 " " " " " "" Title: Mayor 14 15 ATTEST: 16 17 0 18 Nan y Wood 19 City Clerk 20 (SEAL) 21 22 23 24 25 26 27 28 29 30 31 ACKNOWLEDGMENT STATE OF ARKANSAS ) ss: COUNTY OF PULASKI ) On this day before me, a notary public, personally appeared Jim Dailey, who acknowledged himself to be the Mayor of Little Rock, and Nancy Wood, who acknowledged herself to be the City Clerk of Little Rock, Arkansas, and they, as such Mayor and City Clerk, being authorized so to do, executed the foregoing easement for the consideration and purposes therein contained. H H Authorize Deed for Public Utility Eaumrnr C.&, in Prnidnmul Park (PAGE 5 OF 61 1 2 3 4 5 6 7 8 lot, 11 12 13 14 15 16 17 I W 20 21 22 23 24 25 26 27 28 0 IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this cf ✓r day of 2002. 1 My Commission Expires: Notary Public // // // (SEAL) =KNIGLHT NAHT NOTARNSAS PY MY COMM : OW6 8 -12 Amhmize Dud for Public Utility E anent Conklin in Presidential Park [PAGE 6 OF 61