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116441 2 3 4 5 6 7 8 • • RESOLUTION NO. 11644 22004004105 01113/2004 03:33:08 FN Filed 8 Recorded in Official Records of CAROLYN STALEY PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $32.00 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN EASEMENT TO CENTRAL ARKANSAS WATER FOR THE CONSTRUCTION OF A WATER DISTRIBUTION MAIN FOR THE WEST INTERMEDIATE DISTRIBUTION SYSTEM; AND FOR OTHER PURPOSES. 9 WHEREAS, water distribution improvements are needed to provide adequate 10 fire protection and water pressure to existing area customers in the west intermediate I 1 distribution system of the City, and 12 WHEREAS, to accomplish such improvements, Central Arkansas Water has 13 requested an easement through lands owned or dedicated to the City to allow 14 construction of a thirty-six (36) -inch water distribution line from the south side of 15 Highway 10 south to the intersection of Hinson Road and Taylor Loop Road. 16 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 17 THE CITY OF LITTLE ROCK, ARKANSAS: 18 Section 1. The City Manager is hereby authorized to execute an easement, 19 substantially in the form as shown in Attachment A attached to this resolution, in favor 20 of Central Arkansas Water that will allow the installation and maintenance of the thirty- 21 six (36) -inch water distribution main needed to service the west distribution system of 22 the City. This enhancement of the City's water distribution system will provide 23 additional fire protection and water pressure and will benefit the health, safety and 24 welfare of the citizenry. ° ° °• °o °°e,no► °,••••• 25 Section 2. To accommodate construction, improvements, ai�et��t�4n �Riif `�'•,° 26 maintenance of public facilities, Grantee shall promptly adjust its w9t r n02-faraivti s [PAGE 1 OF 7 keion Water Waver tine easement to Central Arkanws Water 04 4 0 0 1 within the granted easement upon request by the Director of Public Works or other 2 officials authorized by the City Manager. Grantee shall make such adjustments at its 3 own expense, except that the Grantor will reimburse Grantee for the direct cost of 4 required adjustments in an amount directly proportionate to any federal funds which 5 the City receives on such projects involving the property herein that specifically provide 6 for a line item reimbursable allowance for utility relocation or adjustment. 7 Section 3. Severability. In the event any section, subsection, subdivision, 8 paragraph, subparagraph, item, sentence, clause, phrase, or word of this resolution is 9 declared or adjudged to be invalid or unconstitutional, such declaration or adjudication 10 shall not affect the remaining portions of this resolution, which shall remain in full force 11 and effect as if the portion so declared or adjudged invalid or unconstitutional were not 12 originally a part of this resolution. 13 Section 4. Repealer. All laws, ordinances, resolutions, policies, or parts of any 14 such material, in conflict with the provisions of this resolution are hereby repealed to 15 the extent of such inconsistency. 16 17 ADOPTED: Al"e • iGr aoo3 18 19 ATTEST: 20 21 22 Nan W00/1 City Clerk 23 24 APPROVED AS TO LEGAL FORM: 25 27 Thomas M. Carpenter, City A Vtorney [PAGE 2 OF 7 ] Re Wtfi t Water line easement n, Central Arkansas Water APPROVED: Jim lbkiley, Mayor 2004004105 1 2 Attachment A 3 4 WATERLINE EASEMENT 5 6 7 KNOW ALL PERSONS BY THESE PRESENTS: 8 9 The CITY OF LITTLE ROCK, ARKANSAS, a duly incorporated city of the first 10 class under the laws of Arkansas ( "Grantor "), by its duly authorized Mayor, for and in 11 consideration of the sum of $10.00 and other valuable consideration in hand paid by 12 CENTRAL ARKANSAS WATER, a consolidated water association created and 13 existing under the Consolidated Waterworks Authorization Act, Act 982 of the 83rd 14 General Assembly of the State of Arkansas ( "Grantee "), the receipt of which 15 consideration is hereby acknowledged, does hereby, subject to prior recorded 16 mortgages and easements, if any, grant, bargain, sell and convey unto Grantee, and 17 unto its successors and assigns forever, the following described easements: IV 19 1. A PERMANENT RIGHT, PRIVILEGE AND EASEMENT for the 20 purpose of permitting Grantee to lay, construct, maintain, repair, replace, 21 test and inspect underground water mains, whether one (1) or more, and 22 surface appurtenances thereto, now and at different times in the future, 23 without the payment of additional compensation therefor. 24 a. The use by Grantee of the waterline easement is subject to prior 25 easements of record. This grant is non - exclusive and Grantor reserves the 26 right to agree to other non - exclusive occupations of the easement area by 27 one (1) or more person(s); provided, however, that any such subsequent 28 occupancies or agreements for such occupancies shall be subordinate to 29 the rights granted herein to Grantee if Grantee has not relocated 30 therefrom. The Grantor may permit other utility services to occupy a 31 portion of the easement so long as such new facilities comply with 32 reasonable, in the Grantor's sole discretion, specifications Grantee may 33 designate at the time for the protection of its own facilities. 34 b. The use by Grantee of the waterline easement is subject and 35 subordinate to the prior and continuing right of Grantor to use and 36 maintain its entire property for municipal purposes. The use by Grantee 37 of this waterline easement is subject to the right and power of Grantor to 38 construct, maintain, repair, renew, use, operate, change, move or relocate 39 trails and other improvements such as driveways, walkways, or parking (PAGE 3 OF 7 ] Resolu Hnn Water line easement b Central Arkansas Water 0 • 1 areas along or across any or all parts of the properties described above, or 2 permit others to do so for Grantor, all or any of which may be freely done 3 at any time or times by Grantor or others with its permission without 4 liability to Grantee for compensation or damages. 5 c. Grantee agrees that it shall promptly adjust its waterline facilities 6 within the easement granted herein to accommodate construction, 7 improvements, alterations or maintenance of public facilities upon request 8 by the Director of Public Works or other officials authorized by the City 9 Manager. Grantee further agrees that it shall make such adjustments at its t0 own expense, except that the Grantor will reimburse Grantee for the direct 11 cost of required adjustments in an amount directly proportionate to any 12 federal funds which the City receives on such projects involving the 13 property herein that specifically provide for a line item reimbursable 14 allowance for utility relocation or adjustment. 15, d. The grant of this waterline easement is made subject to any new 16 construction or relocation of the thirty-six (36) -inch waterline, in whole or 17 in part, with the exception of surface appurtenances, being placed at the 18 minimum depth of three (3) feet from ground level elevation. The Grantee 19 agrees that the City shall have the right to inspect any new construction or 20 relocation of the waterline for depth of placement. 21 e. This permanent easement shall be upon the following described lands 22 situated in Pulaski County, Arkansas, to -wit: 23 24 15' Waterline Easement Description for a 36" Transmission Line 25 by Central Arkansas Water through The City of Little Rock 26 (Taylor Loop Creek) 27 28 A 15 -foot waterline easement in the NW 1/4 of Sectionl9, Township 2 29 North, Range 14 West. City of Little Rock, Arkansas, being 7.5 feet either 30 side of the following described line more particularly described as follows; 31 Commencing at the northwest corner of Lot 68 of The Westchester 32 Subdivision Phase 5B, an addition to the City of Little Rock, Arkansas; 33 Thence along the south right of way of State Highway 10 N 70428'10" W 34 85.75 feet to the true point of beginning; thence 35 S 18424'52" W 51.13 feet, thence S 56406'06" W 100.78 feet, thence S 36 09406'06" W 39.98 feet, thence 37 S 00406'06" W 79.94 feet, thence S 03420'33" E 77.55 feet, thence S 10420'12" 38 E 97.32 feet, thence 39 S 11427'24" E 79.97 feet, thence S 18404'32" E 51.26 feet, thence S 28418'20" 40 E 98.68 feet, thence [PAGE 4 OF 7 ] Resolution Water line easement to Central Arkansas Water 0 • 1 S 29 1114'28" E 130.45 feet, thence S 34419'08" E 159.52 feet, thence S 2 34459'33" E 139.97 feet, thence 3 S 38412'25" E 79.99 feet, thence S 47442'26" E 119.90 feet, thence S 44422'25" 4 E 119.96 feet, thence 5 S 36433'50" E 139.95 feet, thence S 5441735" W 75.79 feet, thence S 6 35414'25" E 149.97 feet, thence 7 S 43442'25" E 59.90 feet, thence S 53442'25" E 39.98 feet, thence S 5944225" 8 E 63.00 feet, thence 9 S 53442'25" E 39.98 feet, thence S 49433'53" E 40.94 feet, thence S 40440'11" 10 E 78.99 feet, thence 11 S 33442'25" E 119.95 feet, thence S 39418'26" E 99:94 feet, thence S 28440'18" 12 E 64.40 feet, thence 13 S 22438'53" E 75.51 feet, thence S 16442'25" E 39.99 feet, thence S 09442'25" 14 E 39.98 feet, thence 15 S 14407'35" W 59.99 feet, thence S 444735" W 99.90 feet, thence S 3412'25" 16 E 59.90 feet, thence 17 S 11412125" E 80.00 feet, thence S 5455'16" E 26.46 feet, thence S 0404'08" W 18 73.25 feet, thence 19 S 6418'51" E 77.21 feet, thence S 840'24" E 99.96 feet, thence S 18412'26 "E 20 79.96 feet, thence 21 S 22432'24" E 59.97 feet, thence S 31431'50" E 47.69 feet, thence S 49417'35" 22 W 26.20 feet to a point on the easterly side of Oaks Bluff Subdivision, an 23 addition to the City of Little Rock, Arkansas, as shown on the attached 24 map, Exhibit 1. 25 26 27 2. A TEMPORARY RIGHT, PRIVILEGE AND EASEMENT 28 for the purpose of permitting Grantee to remove all timber and 29 obstructions therefrom and to make excavations, store excavated 30 materials, tools, supplies and equipment and provide working space. This 31 temporary easement shall begin when Grantee commences its initial work 32 on the permanent easement and shall terminate two (2) years from that 33 date or when that work is completed, whichever occurs earlier. This 34 temporary easement shall be upon the following described lands situated 35 in Pulaski County, Arkansas, to-wit- 36 37 Any City of Little Rock property parallel to the easement described in 38 section 1 above, so long as such property remains within fifty (50) feet of 39 the property described in Section 1 above and does not exceed a width of 40 fifty (50) feet at any point. [PAGE5oF7] Resolution Water line easement to Cootral Arkansas Water • • 1 2 3 4 Upon completion of the initial or any subsequent work by Grantee, Grantee shall 5 backfill and thoroughly compact all excavations to minimize settling and shall level the 6 surface over its excavations and pipelines, remove all excess excavated materials and 7 debris and leave the premises in a clean sanitary condition and restored back to the 8 prior existing grade. If the initial or any subsequent work by Grantee damages any 9 fence, curb or paved surface within the waterline easement or temporary easement area, 10 Grantee, at its expense, shall repair or replace the damaged portion with materials of 11 like quality and to return it as nearly as possible to its prior condition. 12 13 The execution of this easement does not give the Grantor the right to connect to or 14 receive service from any facility of Grantee; the right to make connections and receive 15 service shall be subject to the rules, regulations, policies or ordinances in effect at the 16 time of application. 17 18 To have and to hold said easements, rights and privileges unto the Grantee, and 19 unto its successors and assigns forever, for the purposes aforesaid. 20 21 And Grantor covenants with Grantee, its successors and assigns, that subject to 22 prior recorded mortgages and easements, if any, it will forever warrant and defend the 23 title to said easements and rights against the claims of all persons whomsoever and that 24 Grantee, its successors and assigns, shall have at all times the quiet use and enjoyment 25 of said easements and rights. 26 27 WITNESS our hands this _ day of December, 2003. 28 29 [Signatures follow on next page.] 30 31 32 33 34 35 36 37 38 39 40 [PAGE 6 OF 71 R.Mo fian Wmm line e.R mt mCmtra} Arkansas Water I I ATTEST: 2 3 Nanc Wood, ity Clerk 4 5 6 7 8 9 10 11 STATE OF ARKANSAS) 12 ) 13 COUNTY OF PULASKI ) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 CITY OF LITTLE ROCK, ARKANSAS vC. Jinkbailey, Mayor ACKNOWLEDGMENT On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, the within named Jim Dailey and Nancy Wood, to me well known, who stated that they were the Mayor and City Clerk, respectively, of Little Rock, Arkansas, a municipal corporation, and were duly authorized in their respective capacities to execute the foregoing easement, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand this 17' c3ay of December, 2003. My Commission Expires: b- d- P (SEAL) Rc olution W aW line easement to Central Arkansan Water [PAG E 7 OF 7 ] I mff P _ VA1 ``11111111 I 1 tl, I "// *0111 S BOO •2�P'000 Er, : NOTARY '. = voo = -o PUBLIC ;' "�,t „111111111,0` . c , . � | � §| \ � �\ !! |! ■ � . ; .q y - ; /0 y . 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