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RESOLUTION NO. 7,560
A RESOLUTION AUTHORIZING THE MAYOR AND THE
CITY CLERK TO ENTER INTO AN EASEMENT DEED
WITH WESTERN FOODS, INC.
NOW, THEREFORE,
THE CITY OF LITTLE Ri
Section 1. The
to enter into an
provide for the use
property.
Ei0
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
7CK, ARKANSAS:
Mayor and City Clerk are hereby authorized
easement deed with Western Foods, Inc. to
of a spur track easement on City owned
ADOPTED: March 5, 1986
ATTEST:
CITY 66LERK JANIP CZECH
MA K STODOLA, CITY ATTORNEY
APPROVED—'
MAYOR THOMAS A. PRINCE
12 -�%
EASEMENT DEED
KNOW ALL MEN BY THESE PRESENTS:
• See Res. #7,560
That the City of Little Rock, Arkansas, a municipal
corporation organized and existing under the laws of the State of
Arkansas (hereinafter referred to as the "City "), and Western
Foods, Inc., an Arkansas corporation (hereinafter referred to as
"Western "), collectively referred to herein as "Grantors ", for
TEN DOLLARS ($10.00) and other good and valuable consideration in
hand paid by Don Kirkpatrick and Carolyn Kirkpatrick, his wife
(herein referred to as the "Grantees "), do hereby grant to the
said Grantees, their heirs and assigns forever, the following
described property, to -wit:
A permanent 25 foot easement for the installa-
tion, use and maintenance of a Missouri
Pacific Railroad Spur Track, located in the
SE 1/4, NE 1/4, of Section 18, Township 1
North, Range 12 West, City of Little Rock,
Pulaski County, Arkansas; the centerline of
which is described as:
Commencing at the SE Corner of said SE 1/4,
NE 1/4, Section 18, thence North 89 008' West
along the South line thereof, 695.321; thence
North 616.33 feet along the West line of the
Western Foods Property to the Point of
Beginning of said 25 foot Easement Centerline;
Thence along the arc of a 477.465 foot radius
curve (D =12 ") to the right for a chord bearing
and distance of North 14 °21108" East 52.55
feet; thence North 17 030125" East 100.0 feet;
thence along the arc of a 381.972 foot radius
curve (D =150) to the left for a chord bearing
and distance of North 03 003106" West 268.27
feet, to the end of said Centerline of the 25
foot Easement on the Northerly property line
of Western Foods, Inc. property and the
Southerly right of way line of the MO. PAC.
Railroad right of way; said end point being
South 52 "33'40" East of and 36.31 feet from
the NW corner of said Western Foods property.
As a material part of the consideration for this easement,
the Grantors and Grantees covenant as follows:
(a) Grantees shall allow Grantors to use the spur track
to be constructed on the easement, provided Grantors' use of the
spur track shall not unreasonably interfere with or block
Grantees' usage of said track.
(b) This is an exclusive easement and, except as pro-
vided for in subparagraph (a) above, Grantors shall have no
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H -i 2
rights to grant to any other third parties the right to use this
easement. 86
(c) The spur track easement crosses certain utility
lines of Grantor and also crosses the access road to Grantor's
premises. Grantees' use of the spur easement will not unreaso-
nably interfere with or block Grantor's access to Grantor's pre-
mises. Any damage done to Grantor's access road or utility lines
through the use or operation of the spur track by or for the
benefit of Grantees will be promptly restored and repaired by
Grantees at Grantees' expense.
This easement and the covenants established in this instru-
ment shall run with the land, shall be binding upon the parties
hereto and upon their heirs, successors and assigns forever and
shall be forever appurtenant to the ownership of the lands
described herein.
To have and to hold said easement, rights and privileges unto
the Grantees and unto their heirs and assigns forever, for the
purposes aforesaid.
And Grantors covenant with Grantees that they will forever
warrant and defend the title to said easement and rights against
the claims of all persons whomsoever.
Grantees, by executing this easement deed, hereby agree to
the terms and conditions thereof.
EXECUTED this 4 tiy day of , 1986.
ATTEST:
CITY OF LITTLLE ROCK, ARKANSAS
By: d
ICE MAYO CHARLES POSSEY
By: 1
C47Y CLERK -JANE CZECH
WESTERN FOODS, INC.
By.
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ACKNOWLEDGMENT
87
STATE OF ARKANSAS
COUNTY OF PULASKI
On this _&jU2 day of March , 1986, befpre me, a Notary
Public duly commissioned, qualified and acting,' within and for
the County and State aforesaid, appeared in person the within
named Charles Bussey and Jane Czech ,
Vice Mayor and City Clerk, respectively, of the City of Little Rock,
Arkansas, municipality of the State of Arkansas, to me personally
known, who stated that they were duly authorized in their respec-
tive capacities to execute the foregoing instrument for and in
the name of the City of Little Rock, and further stated and
ackncwledged that they had signed, executed and delivered the
foregoing instrument for the consideration, uses and purposes
therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and offi-
cial seal this _&tj., day of _199, O1L� , 1986.
NOTARY PUBLIC
My c //onunission expires:
(SEAL)
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ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF
On this day before me, a Notary Public, dyly commissioned,
qualified and acting within and for said county and state,
appeared the within named and
, being the _ and
, respectively, of WESTERN FOODS, INC.,
and who had been designated by said WESTERN WOODS, INC. to exe-
cute the above instrument, to me personally well known, who
stated they were the and
of said WESTERN FOODS, INC. and were duly authorized in their
respective capacities to execute the foregoing instrument for and
in the name and behalf of said WESTERN FOODS, INC., and further
stated and acknowledged that they had so signed, executed, and
delivered said foregoing instrument for the consideration, uses
and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal
this day of , 1986.
My commission expires:
(SEAL)
NOTARY PUBLIC
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