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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 w 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 ) mrrl2