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• • 20204016948
83/02/2884 83:13:11 PH
Filed 8 Recorded in
Official Records of
CAROLYN STALEY
RESOLUTION NO. 11,689 PULASKI COUNTY
CIRCUIT /COUNTY CLERK.
Fees $29.08
A RESOLUTION TO AUTHORIZE 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 IN THE REMMEL ADDITION OF
THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER
PURPOSES.
WHEREAS, it is necessary for Little Rock Wastewater Utility to construct certain
sewer lines and to acquire an additional easement over certain land owned by the City
of Little Rock, Arkansas, located in the Remmel Addition in the City of Little Rock,
Arkansas.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
17 Section 1. The Mayor and City Clerk are hereby authorized to execute the
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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 in the Remmel Addition, within the
City of Little Rock. The right -of -way easement is attached hereto, identified as Exhibit
„A„
Section 2. Severability. In the event any title, section, paragraph, item, sentence,
clause, phrase, or word of this resolution is declared or adjudged to be invalid or
unconstitutional, such declaration or adjudication shall not affect
Resolution
To authorize ROW easement to LR Sanitary Sewer Committee
[PAGE 1 OF 21
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portions of the resolution which shall remain in full force and effect as if the portion so
declared or adjudged invalid or unconstitutional was not originally a part of the
resolution.
Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that
are inconsistent with the provisions of this resolution, are hereby repealed to the extent
of such inconsistency.
ADOPTED: February 17:; 2004
ATTEST: APPROVED:
Nanc `Woo , City Clerk
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Thomas M. Carpenter, City Xttorney
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Resolution
To authorize ROW easement to LR Sanitary Sewer Committee
[PAGE 2 OF 21
Jim Wiley, Mayor
2004016948
RIGHT OF WAY EASEMENT
KNOWN BY ALL MEN THAT PRESENT:
1�
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 (S 1.00), and other valuable consideration
paid by the Little Rock Sanitary Sewer Committee, the receipt of which is hereby
acIcnowledged, 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 to the right -of -way and (a) to lay, construct, operate,
maintain, repair, replace, reconstruct, test, insl)cct and add sewer mains and sewer lines
whether one or more, and without the payment of additional compensation therefore; (b)
keeping the casement 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 area. 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 casement shall be upon the following described lands
situated in Pulaski County, Arkansas, to -wit:
A permanent sanitary sewer easement across a part of Lot 7, Block 6, Remmel Addition to
the City of Little Rock, Pulaski County, Arkansas, more particularly described as follows:
A 15 foot wide permanent sanitary sewer easement across a part of said Lot 7 said easement
being 7.5 feet on each side of a center line more particularly described to wit:
Commencing at the Southwest comer of said Lot 7 thence N 23'41'20"W along the West
line of said Lot 7 a distance of 35.78 feet to the Point of Beginning; thence S 57'27'39" E a
distance of 42.32 feet to a point on the South line of said Lot 7 and the tennination point of
this easement, containing 630 square feet more or less.
EXHIBIT
A
0
Upon completion of the initial or any subsequent work by the Little Rock Wastewater
Utility, the Little Rock Wastewater Utility 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 Wastewater
Utility damages any fence, curb or paved surface upon the right -of -way, the Little Rock
Wastewater Utility, 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 casement 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 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
GRANCFE, its successors and assigns, shall have at all times the quiet use of enjoyment of
said easements and right.
IN WITNESS WHEREOF, the name of the GRANTOR is hereunto affixed by its Mayor
and its seal affixed by its City Clerk, this _ day of ,200_.
Attest:
Nancy Wood, City Clerk
CITY OF LITTLE ROCK, ARKANSAS
Jim Dailey, Mayor
2
(Seal)
AC.KNOW.LEDGM.ENT
STATE 01, ARKANSAS
COUNTY OP PULASKI
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 Daily and
Nancy Wood, to me well known who stated that they were the Mayor and City Clerk of
Little Rock, a Corporation, and were duly authorized in their respective capacities to execute
the foregoing easement .for and in the nave and behalf of said Corporation, 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
Notary Public
My Commission Expires:
(SEAL)
0
2004016948
•
Description: A Permanent Sanitary Sewer Easement across a part of Lot 7 Block
6 Remmel Addition to the City of Little Rock, Pulaski County, Arkansas, more
particularly described as follows: A 15 foot wide permanent sanitary sewer
easement across a part of said Lot 7 said easement being 7.5 feet on each side
of a center line more particularly described to wit: Commencing at the Southwest
comer of said Lot 7 thence N23 041'20 "W along the West line of said Lot 7 a
distance of 35.78 feet to the Point Of Beginning; Thence S57e27'39 "E a distance
of 42.32 feet to a point on the South line of said Lot 7 and the termination point of
this easement, containing 630 square feet more or less.
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RIGHT OF WAY EASEMENT
KNOW BY ALL MEN THAT PRESENT:
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 acknowledged, 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 to the right -of -way and (a) to lay, construct, operate, maintain, repair,
replace, reconstruct, test, inspect and add sewer mains and sewer lines whether one or more, 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 area.
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 Lot 7, Block 6, Remmel Addition
to the City of Little Rock, Pulaski County, Arkansas, more particularly described as follows:
A 15 foot wide permanent sanitary sewer easement across a part of said Lot 7 said
easement being 7.5 feet on each side of a center line more particularly described to wit:
Commencing at the Southwest comer of said Lot 7 thence N 23 °41'20" W along
the West line of said Lot 7 a distance of 35.78 feet to the Point of Beginning;
thence S 57 °27'39" E a distance of 42.32 feet to a point on the South line of said
Lot 7 and the termination point of this easement, containing 630 square feet more
or less.
Upon completion of the initial or any subsequent work by the Little Rock Wastewater
0 f
Utility, the Little Rock Wastewater Utility 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 Wastewater Utility damages any fence, curb or
paved surface upon the right -of -way, the Little Rock Wastewater Utility, 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 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
right.
IN WITNESS WHEREOF, the name of the GRANTOR is hereunto affixed by its
Mayor and its seal affixed by its City Clerk, this "ff day of apld.l 12004.
Attest:
Nan Wood, qty Clerk
CITY OF LITTLE ROCK, ARKANSAS
By:
Jim Oey, M ayor
-2-
(Seal)
lJ
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF PULASKI )
0
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
Corporation, and were duly authorized in their respective capacities to execute the foregoing
easement for and in the nave and behalf of said Corporation, 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 sea] on this 3A day of // 2004.
✓Y 11 Lc.>Y[ C�
Not ry Public
My Commission Expires:
4 - /P- /2
(SEAL)
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S. St
NOTARY
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PUBLIC.-:'z
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