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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
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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.
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17 ADOPTED: Al"e • iGr aoo3
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19 ATTEST:
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22 Nan W00/1 City Clerk
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24 APPROVED AS TO LEGAL FORM:
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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
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2 Attachment A
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4 WATERLINE EASEMENT
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7 KNOW ALL PERSONS BY THESE PRESENTS:
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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
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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)
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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
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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.
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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-
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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
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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.
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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.
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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.
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27 WITNESS our hands this _ day of December, 2003.
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29 [Signatures follow on next page.]
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[PAGE 6 OF 71
R.Mo fian
Wmm line e.R mt mCmtra} Arkansas Water
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I ATTEST:
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3 Nanc Wood, ity Clerk
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11 STATE OF ARKANSAS)
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13 COUNTY OF PULASKI )
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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
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