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11783E C�h— ' ' ` CN "'. • 2004062443 O� ,'•'_�C� ' 7/27/2004 02:37:21 PH J" .• G =_ Filed & Recorded in Official Records of c W ti* _..' •. �!- 7J _ CAROLYN STRLEY RESOLUTION NO. 110,783 PULASKI COUNTY CIRCUIT /COUNTY CLERK q Fees f20.00 COUMY, P� ' 3 A RESOLUTION TO AUTHORIZE THE MAYOR AND THE 4 CITY CLERK TO GRANT A RIGHT -OF -WAY EASEMENT FOR 5 THE PURPOSE OF PLACEMENT OF A CONDUIT ON CERTAIN 6 LAND OWNED BY THE CITY OF LITTLE ROCK, LOCATED IN 7 POPE'S ADDITION OF THE CITY OF LITTLE ROCK, 8 ARKANSAS; AND FOR OTHER PURPOSES. (J 10 WHEREAS, it is necessary for Southwestern Bell Telephone Company to be 11 granted a right -of -way easement for placement of a conduit through a fiber optic feeder 12 cable to the Little Rock Public Library upon certain land owned by the City of Little 13 Rock, Arkansas, located within the closed alley area of Lot 10, Block 7, Pope's Addition 14 in the City of Little Rock, Arkansas. 15 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 16 THE CITY OF LITTLE ROCK, ARKANSAS: 17 Section 1. The Mayor and City Clerk are hereby authorized to execute the 18 necessary documents to grant a right -of -way easement to Southwestern Bell Telephone, 19 a Texas Limited Partnership, d.b.a. SBC for the purpose of placement of conduit 20 through a fiber optic feeder cable to the Little Rock Main Library, on a part of Lot 10, 21 Block 7, Pope's Addition, within the City of Little Rock. The right -of -way easement 22 attached hereto shall be subject to the City's utility relocation policy for public projects. 23 Section 2. Severability. In the event any title, section, paragraph, item, sentence, 24 clause, phrase, or word of this resolution is declared or adjudged to be invalid or 25 unconstitutional, such declaration or adjudication shall not affect the remaining 26 portions of the resolution which shall remain in full force and effect as if the portion so [PAGE 1 OF 21 Resolution To authorize ROW easement to SBC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IN 19 20 21 22 23 24 25 MI 27 0 0 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ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this resolution, are hereby repealed to the extent of such inconsistency.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: July 13, 2004 ATTEST: APPROVED: Nancy Wood, City Clerk APPROVED AS TO FORM: p�r1'elvr`�S U."', c4N'J -� Thomas M. Carpenter, City Attorney H H H H H H H H H H H H Resolution To authorize ROW easement to SBC [PAGE 2 OF 21 iLz--= Willie Hinton, Vice Mayor E City of Little Rock S sOW —dLBn 500 W. Markham Little Rock, AR 72201 Date: 7108/04 VW137907NA Esmt#3 EASEMENT FOR UNDERGROU 20/0062443 FACUXIUS THIS EASEMENT, entered into by the undersigned, Cky of trials Rock, herein referred to as GRANTORS, and SOUTHWESTERN BELL TELEPHONE, A TEXAS LIMITED PARTNERSHIP, db a. SBC, GRANTEE, wherein GRANTORS, in consideration of the sum of One & 00 /00 Dollars (S 1.001 other valuable moderation, receipt of which is hereby . acknowledged, do by these presents GRANT. BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors, assigns and licensees, a permanent easement to conshuc% operate, maintain inspect, replace, and remove such underground telecommunication systems and lines, and all appurtenances thereto, as may be required by Grantee from lima to time, upon, over, and under a strip of land 3 feet in width, across Grantor's land and situated in Pulaski County, Arkansas and descn' bed as follows: A cornmunicallaro easement across a tract of land as recorded In Book 78, Page 470461 In the offoe of the Circuit Clark Pulaski County. A 3 foot utility easement In part of Lot 10, Block 7, of Pope's Addition to the City of Little Rock, Pulaski County, Arkansas being more particularly described as follows A strip of lend being 3 feet wkie, parallel to and north of tine sne described as S 80028'08' W 150.00 fed N the tollowi q desor"on: Part of Block 7, Pope's Addition to the City of Uffle Rock, Pulaski County, Arkansas, being more particularly bounded and described as follow Commencing at tine soutlwrest caner of sell Block 7, thence N 8°34'08' E, Wong the west The of saki Bkndc 7, 118.50 feat to the point of begkming; thence continuing N 8°3408' E 33.5 feet thence S 80°2557 E 60 feet Ilm S 0034'08' W 11.45 feet thence S 88°47'56' E 80.40 feet chines 3 80°28'18' E 20.0 fed; thence S 09034'08' W 31.0 feet Onence N 8002OW W 150.0 feet to the poled of beginning containing 4,418.71 square fed, more or W& TO HAVE AND TO HOLD same, with all rights and appurtenances to the same belonging, unto Grantee; its successors assigns, until the use of the easement is relinquished or abandoned, including (1) the right of ingress and egress to and from the easement by reasonable routes across Grantors' property, subject to Grantors' utility relocation policy for public projects. Grantee, its successors and assigns shall repair and restore the property and pay for damage to crops and other property following the construction and maintenance work. Further, Grantors reserve the right to use and enjoy their interests in the easement area insofar as the exercise thereof does not endanger or interfere with the construction, operation and maintenance of said systems and lines; and included in this reservation is the right of ordinary cultivation of crops. Grantors warrant that they are the owners of the land here conveyed, they have no knowledge of environmental hazards affecting the lend, except those disclosed to Grantee, and they have the right to make this conveyance and receive the payment thereK and Giantors covenant that Grantee, its successors assigns and licensees, may quietly enjoy the premises for the uses herein stated Initials of property owner(s): Initials of ROW agent: _ PREPARED B7k GRANTEEAMaD (3ADDRESS SBC, 1111 W=CAPTMLAVE, RM. •rr 1 0 Signed and executed this 0 day of 20_ CORPORATION ACKNOWLEDGMENT STATE OF COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and upon being duly sworn did state and acknowledge that he/she is of a corporation organized under the laws of the State of and that betshe executed the foregoing instrument in the capacity stated under authority of its Board of Mrectors and had affixed thereto the corporate seal for the uses, purposes and considerations therein expressed as the free and voluntary act and deed of the corporation Given under my hand and seal of office this the day of A.D. 20_ Notary public, My Commission Expires ------------------ Irvin 8! i. Nv COMMERCE ST.