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RESOLUTION NO. I1,593
A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY
CLERK TO GRANT A RIGHT -OF -WAY EASEMENT FOR THE
PURPOSE OF CONSTRUCTING A SEWER LINE OVER A
PORTION OF CERTAIN LAND OWNED BY THE CITY OF
LITTLE ROCK LOCATED BETWEEN 24TII AND 26' STREETS
AND WEST OF MONROE STREET IN THE CITY OF LITTLE
ROCK, ARKANSAS
WHEREAS, it is necessary for Little Rock Wastewater Utility
to repair and replace certain sewer lines and to acquire an
additional easement over certain land owned by the City of
Little Rock, Arkansas located between 24th and 26th Streets and
West of Monroe Street, in the City of Little Rock, Arkansas;
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 to the City of Little Rock for the use and benefit of
the Little Rock Sanitary Sewer Committee for the purpose of
constructing a certain sewer line on land located between 24th
and 26th Streets and West of Monroe Street, within the City of
Little Rock. The right -of -way easement is attached hereto
identified as Exhibit "A ".
ADOPTED: September 2, 2003
ATTEST:
7l1ONANCY WOOD/ 1l�
CITY CLERK
APPROVED AS TO FORM:-
THOMAS M. CARPENTER
CITY ATTORNEY
APPROVED:
I
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21 . �l
1r ILEY
MAYOR
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RIGHT OF WAY EASEMENT
KNOW BY ALL MEN THAT PRESENT:
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THAT the City of Little Rock, GRANTOR, a Municipality existing
pursuant to the laws of the State of Arkansas, organized under and
by virtue of the laws of the State of Arkansas, by its Mayor and
City Clerk, duly authorized by proper resolution of its Board of
Directors, for and in consideration of the sum of One Dollar
($1.00), and other valuable consideration paid by the Little Rock
Sanitary Sewer Committee, the receipt of which is hereby acknowl-
edged, 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 easement:
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, own, operate, maintain,
repair, replace, reconstruct, test, inspect, permit construction
and maintenance of any connections thereto and add sewer mains and
sewer lines whether one or more, appurtenances thereto, including
those needed for automatic data measurement and transmission, now
and at different times in the future, 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 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
improvement 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.
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EXHIBIT
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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 protection of its own facilities.
This permanent easement shall be upon the following described
lands situated in Pulaski County, Arkansas, to -wit:
A Permanent Sanitary Sewer Easement across a part of the Southwest
V, of the Southeast y. of Section 7, Township 1 North, Range 12
West, Pulaski County, Arkansas more particularly described as
follows:
A 15 foot wide Sanitary Sewer Easement said easement being 7.5
feet on each side of a center line more particularly described to
wit:
Commencing at the intersection of the West right -of -way line of
Monroe Street and the South right -of -way line of 24th Street
thence N 86 Deg 10' 08" W along said South right -of -way line of
24th Street a distance of 142.77 feet to the Point of Beginning:
thence S 08 Deg 10' 42" W a distance of 551.37 feet to a point;
thence N 87 Deg 28' 39" W a distance of 149.27 feet to a point;
thence S 00 Deg 50' 22" W a distance of 255.41 feet and the
termination of this easement, containing 14,341 square feet more
or less.
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
excavations 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 Sanitary 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 the right
to connect to or receive service from any sewer or wastewater
facility; the right to make connections and receive service shall
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be subject to the rules, regulations, policies or ordinances 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.
It is hereby understood by the parties hereto that in the event it
becomes necessary in the judgment of the City of Little Rock to
relocate the sewer line, manhole and appurtenances thereto, to be
located within the easement granted herein or such other easement
that GRANTOR shall provide at no expense to GRANTEE, that the
Little Rock Sanitary Sewer Committee will bear the cost of all
such reasonable expenses incurred by the City which are directly
attributable to and arise out of the relocation.
And GRANTOR covenants with GRANTEE, its successors and assignees,
that subject to prior recorded mortgages and easements, 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
its Mayor and its seal
September, 2003.
Attest:
Nancy Wood, City Clerk
name of the GRANTOR is hereunto affixed by
affixed by its City Clerk, this day of
CITY OF LITTLE ROCK, ARKANSAS
Jim Dailey, Mayor
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STATE OF ARKANSAS
COUNTY OF PULASKI
ACKNOWLEDGMENT
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On this day personally appeared before the undersigned, a
Notary Public within and for the County and State aforesaid, duly
qualified, commissioned and acting Jim Dailey and Nancy Wood, to
me well known who stated that they were the Mayor and City Clerk
of Little Rock, a municipality existing pursuant to the laws of
the State of Arkansas, and were duly authorized in their
respective capacities to execute the foregoing easement for and in
the name and behalf of said municipality, and further stated and
acknowledged that they had so signed, executed and delivered said
easement for the consideration, uses and purposes therein
mentioned and set forth.
WITNESS my hand and official seal on this day of
September, 2003.
My Commission Expires:
SEAL
Notary Public
se
Description: A Permanent Sanitary Sewer Easement across a part of the Southwest
1/4 of the Southeast 1/4 of Section 7, Township 1 North, Range 12 West, Pulaski
County, Arkansas more particularly described as follows: A 15 foot wide Sanitary
Sewer Easement said easement being 7.5 feet on each side of a center line more
particularly described to wit: Commencing at the intersecton of the West right -of -way
line of Monroe Street and the South right -of -way line of 24th Street thence
N86'1 0'08"W along said South right -of -way line of 24th Street a distance of 142.77
feet to the Point Of Beginning; thence S08 010'42 "W a distance of 551.37 feet to a
point; thence N87 028'39 "W a distance of 149.27 feet to a point; thence S00 °50'22 "W
a distance of 255.41 feet and the termination point of this easement, containing
14,341 square feet more or less.
Chord
S67 °39'35"VJ
125.65'
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Chord N86 °10'08-W 1074.87'
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149.27'
S85.59'39'E 1284.13'
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0 200' THIS PLAT IS FOR THE PURPOSE OF AQUIRING A
® SANITARY SEWER EASEMENT AND DOES NOT
REPRESENT BOUNDARY SURVEY
Little Rock
O Wastewater
Utility
A Permanent Sanitary Sewer Easemnt
acrossa art ofthe SW1124SE1/4S7T1NR12
SCALE
DATE
DRAWN BY
200 FUIn
8 -14 -2003
J. Mizell
JOB
REVISION
SHEET
4400700
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