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RESOLUTION NO. 7,528
WHEREAS, the City holds title for the use and benefit
of the Little Rock Municipal Water Works to certain property
located in the SE„ SEa, Section 32, T -2 -N, R -12,W, Pulaski
County, Arkansas; and
WHEREAS, an existing easement 80 feet in width in favor
of Arkansas Power and Light Company crosses the north side
of said property; and
WHEREAS, the Water Works desires to grant a second
easement across the same property which is subject to the
first easement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIREC-
TORS OF THE CITY OF LITTLE ROCK, pursuant to the request of
the Board of Commissioners of the Little Rock Municipal
Water Works, that the Mayor and City Clerk by, and they are,
hereby authorized to execute an easement, subject to the
first easement, to the lands described on Exhibit 1 attached
hereto for the consideration expressed in said easement.
PASSED and adopted this 3rd day of December, 1985.
Approved:
Attest: —T),
/A p/ Mayor Thomas A. Prince
ty Clerk Jane Czech
CERTIFICATE
I, Jane Czech, City Clerk of the City of Little Rock,
Arkansas, certify that, as such Clerk, I have custody of the
minutes and documents of the Board of Directors of the City
of Little Rock, and that the above and foregoing is a
correct copy of a Resolution adopted by said Board of
Directors at its regular meeting held December 3rd , 1985.
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Exhibit
City Clerk
500
2 -1,
F-6
rreparea Dy:
BMW Shs1,�6 Kurru s _
1600 Worthen Bank Bldg.
Little Rock, AR 72201
EASEMENT AGREEMENT EXHIBIT 1
This Easement Agreement is made by and between City of 5 10
Little Rock for the use and benefit of the Little Rock
Municipal Water Works ( "Water Works ") and David G. McCreery,
Trustee ( "McCreery ").
RECITALS
The Water Works is the owner of the following described
property located in the City of Little Rock, Pulaski County,
Arkansas:
The North 80 feet of the West 946.4 feet
of the SEA[ of the SEh, Section 32,
T -2 -N, R -12 -W, Pulaski County, Arkansas,
except any part thereof which has
previously been dedicated to the public
for street right -of -way for North Martin
Street.
( "Water Works Easement ").
McCreery is the owner of the following described
property located in the City of Little Rock, Pulaski County,
Arkansas:
Tract B, Cook - Alworth Subdivision in the
City of Little Rock, Arkansas
( "McCreery Property").
The Water Works has agreed to grant to McCreery and to
all subsequent owners of the McCreery Property a perpetual
easement for the uses and purposes described herein. This
grant shall be continuous, perpetual, and shall constitute a
covenant which touches, concerns and runs with the land.
Now, therefore, in consideration of Ten Dollars
($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged,
and in consideration of the mutual covenants herein con-
tained, it is agreed as follows:
1. The owner or owners of the McCreery Property are
hereby granted an easement of ingress and egress over and
across the Water Works Easement to the McCreery Property,
which easement shall be a private easement for use of
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vehicular and pedestrian traffic in connection with the use
of the McCreery Property.
2. The owners of the McCreery Property are hereby
granted an easement to erect and install utility lines,
pipes, conduits and other service apparatus over, across and
upon the Water Works Easement and may use the Water Works
Easement for storage of materials during initial con-
struction of improvements upon the McCreery Property.
3. The owners of the McCreery Property are hereby
granted an easement for drainage purposes over, under and
across the Water Works Easement, which easement shall
entitle the owners of the McCreery Property to alter the
grades and contours of the Water Works Easement and entitle
the owners of the McCreery Property to construct drains,
curbs, gutters, pipes and other structures and improvements
on the Water Works Easement.
4. The owners of the McCreery Property shall land-
scape the Water Works Easement by placing planters, retain-
ing walls, gardens, shrubs, trees and other landscaping
items thereon.
5. The owners of the McCreery Property shall be
entitled to construct a fence along and upon the Water Works
Easement, provided, that such fence shall be constructed and
maintained at the sole cost and expense of the owners of the
McCreery Property.
6. The owners of the McCreery Property shall maintain
the Water Works Easement in a neat and orderly manner which
is not obtrusive, and shall not allow trash or debris to
accumulate thereon. The owners of the McCreery Property
shall not engage in noxious or hazardous activity on the
Water Waters Property. Any costs of constructing improve-
ments on the easement property and any costs of repairing
and rebuilding such improvements shall be borne by the
owners of the McCreery Property.
7. This easement is subject to the rights of holders
of prior recorded easements and is subject to reservations
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and restrictions of record as of the date hereof. The Water 1 "2
Works shall not grant additional easements or rights to
others which would limit or restrict the use of the Water
Works Easement by McCreery or his successors and assigns.
8. This Agreement shall touch, concern, and bind the
respective tract described herein and shall run with the
land. This Agreement shall remain in effect so long as any
successor or assign of either party shall comply with the
terms hereof.
9. This Agreement shall be binding upon the parties
hereto, their respective heirs, executors, administrators,
successors and assigns.
EXECUTED this 4th day of December, 1985.
David G. McCreery, Trustee
CITY OF LITTL R CK, ARKANSAS
Attest:
By: �)t --
Tom Prince, Mayor
Jane Czech, City Clerk
STATE OF ARKANSAS)
)ss. ACKNOWLEDGMENT
COUNTY OF PULASKI)
On this day personally appeared before the undersigned,
a Notary Public within and for the County and State afore-
said, duly qualified, commissioned, and acting, David
McCreery, to me well known as the Trustee in the foregoing
instrument and stated that he had executed the same for the
consideration and purposes therein mentioned and set forth.
WITNESS my hand and official seal on this day of
December, 1985.
My commission expires:
Notary Public
( S E A L )
STATE OF ARKANSAS)
)ss. ACKNOWLEDGMENT
COUNTY OF PULASKI)
On this day personally appeared before the undersigned,
a Notary Public within and for the County and State afore-
said, duly qualified, commissioned and acting, the within
named Tom Prince and Jane Czech, to me personally well
known, who stated that they were the Mayor and City Clerk,
respectively, of the City of Little Rock, Arkansas and
stated and acknowledged that they were duly authorized, in
their respective capacities, to execute the foregoing
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instrument for and in the name and behalf of the City of 513
Little Rock, Arkansas, and further stated and acknowledged
that they had so signed, executed and delivered said forego-
ing instrument for the consideration and purposes therein
mentioned and set forth.
WITNESS my hand and official seal on this day of
December, 1985.
My commission expires:
( S E A L I
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Notary Public