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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
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' Yid ~4 N1'�M
[PAGE 1OF6] V, ye
Amhm¢c n Public U�ilit Eucmcm
Prunde
Caeridor in Pnsidentul Park • � ��y py e.
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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:
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22 Nar♦cy Woo' City Clerk
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24 APPROVED AS TO FORM:
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27 Thomas M. Carpenter, City ttorney
[PAGE 2 OF 6]
Autbarlm Deed for Public Utility Faccrucru
Corridor in Praidcnlul Park
APPROVED:
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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]
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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
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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
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assigns forever, with all the appurtenances thereunto belonging.
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IN WITNESS
WHEREOF, this instrument is executed this . day of
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JUtA./ ,2003.
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,,,,,,rojol
GRANTOR:
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4011ki
CITY OF LITTLE ROCK, AKANSAS
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� h'u` �a
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By:
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Jim Dailey
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Title: Mayor
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ATTEST:
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Nan y Wood
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City Clerk
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(SEAL)
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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
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IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this
cf ✓r day of 2002.
1
My Commission Expires: Notary Public
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(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