7416RESOLUTION NO. 7,416
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN EASEMENT DEED FROM THE
CITY OF LITTLE ROCK TO THE LITTLE ROCK
MUNICIPAL WATER WORKS FOR THEIR USE AND
BENEFIT.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The Mayor and the City Clerk are hereby
authorized to execute an easement deed from the City of Little
Rock to the Little Rock Municipal Water Works for their use and
benefit. A copy of said deed is attached as Exhibit A.
ADOPTED: June 4, 1985
ATTEST: APPROVED:
CITY LERK JANE CZECH
APPROV A T 'FORM:
6
MARK STO L , CITY ATTORNEY
MAYOR THOMAS A. PRINCE
293
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RIGHT OF WAY EASEMENT 294, vfio
KNOW ALL MEN BY THESE PRESENTS: Udr-
THAT City of Little Rock, Grantor, for the sum of
( $ ) and
other valuable cons i elation pat y t e- Boar- oT-Commis-
sioners of the Little Rock Municipal Water Works, 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, Grantee, for the use and benefit of the Little
Rock Municipal Water Works, and unto the City's successors
and assigns forever, the following described easements:
Parcel 1: Lots 10, 11 and 12 in Block 5,
Josephine Pankey's Second Addition to
the City of Little Rock, Arkansas.
Parcel 2: Lots 7, 8, 9, 10, 11 and 12
in Block 6, Josephine Pankey's Second
Addition to the City of Little Rock,
Arkansas.
1. A PERMANENT RIGHT:; PRIVILEGE AND EASEMENT for the
purpose of permitting the Little Rock Municipal Water Works
to clear and keep clear the surface of the right of way and
to lay, construct, maintain, repair, replace, test and
inspect underground water mains, whether one or more, and
surface appurtenances thereto, now and at different times in
the future, without the payment of additional compensation
therefor. Subject to prior easements of record and except
as hereinafter stated, the Water Works shall have the
exclusive use of this right of way. The Grantor may here-
after 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 improve-
ment upon the right of way except that, after the initial
Water Works construction is completed, the Grantor may pave
the easement surface and may use it for driveways, walks or
parking areas. The Grantor may permit other utility ser-
vices to cross this easement at approximately right angles,
but only if such utilities first comply with whatever
specifications the Water Works may designate at the time for
the protection of its own facilities. This permanent
easement shall be upon the following described lands situ-
ated in Pulaski County, Arkansas, to -wit:
Parcel l: Lots 10, 11 and 12 in Block 5,
Josephine Pankey's Second Addition to
the City of Little Rock, Arkansas.
Parcel 2: Lots 7, 8, 9, 10, 11 and 12
in Block 6, Josephine Pankey's Second
Addition to the City of Little Rock,
Arkansas.
2. A TEMPORARY RIGHT, PRIVILEGE AND EASEMENT for the
purpose of permitting the Little Rock Municipal Water Works
to remove all timber and obstructions therefrom and to make
excavations, store excavated materials, tools, supplies and
equipment and provide working space. This temporary ease-
ment shall begin when the Little Rock Municipal Water Works
commences its initial work on the permanent easement and
shall terminate one year from that date or when that work is
completed, whichever is earlier. This temporary easement
shall be upon the following described lands situated in
Pulaski County, Arkansas, to -wit:
Parcel 1: Lots 10, 11 and 12 in Block 5,
Josephine Pankey's Second Addition to
the City of Little Rock, Arkansas.
Parcel 2: Lots 7, 8, 9, 10, 11 and 12
in Block 6, Josephine Pankey's Second
Addition to the City of Little Rock,
Arkansas.
Upon completion of the initial or any subsequent work
by the Water Works, the Water Works shall backfill and
thoroughly compact all excavations to minimize settling and
shall level the surface over its excavations and pipe
line(s), 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 Water Works
damages any fence, curb or paved surface upon the right of
way, the Water Works, 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
waterworks facility; the right to make connections and re-
ceive service shall be subject to the rules, regulations,
policies or ordinances in effect at the time of application.
To have and to hold said easement, rights and privi-
leges unto the Grantee, and unto its successors and assigns
forever, for the purposes aforesaid.
And Grantor covenants with Grantee, its successors and
assigns, that, subject to prior recorded mortgages and
easements, if any, it will forever warrant and defend the
title to said easement and rights against the claims of all
persons whomsoever and that Grantee, its successors and
assigns, shall have at all times the quiet use and enjoyment
of said easement and rights.
IN WITNESS WHEREOF, the name and seal of the Grantor
are hereunto affixed by its duly authorized officers, this
day of , 19_ .
ATTEST:
( S E A L )
CITY OF LITTLE ROCK, ARKANSAS
EPA
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 _ and
to me person-
ally well known, who stated that they were the
and
respectively, of the City of Little Rock, and stated and
295
rr1 r r W r M M M0 M M M M
296
acknowledged that they were duly authorized in their respec-
tive capacities to execute the foregoing instrument for and
in the name and behalf of said corporation, and further
stated and acknowledged that they had so signed, executed
and delivered said foregoing instrument for the consid-
eration and purposes therein mentioned and set forth.
WITNESS m hand and official seal on this day of
Y Y
198_
Notary Public
My commission expires:
( S E A L )
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