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8270w w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 w w wi w w w w w �w w w w RESOLUTION NO. 8,270 103 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO GRANT RIGHT -OF -WAY EASEMENTS TO THE LITTLE ROCK SANITARY SEWER COMMITTEE AND THE LITTLE ROCK WASTEWATER UTILITY FOR THE PURPOSE OF REPLACING A MAJOR TRUNK LINE AT HINDMAN PARK. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1: The Mayor and City Clerk are hereby authorized to grant Right -of -Way Easements on behalf of the City of Little Rock, Arkansas, to the Little Rock Sanitary Sewer Committee and the Little Rock Wastewater Utility for the purpose of replacing a major trunk line at Hindman Park. The right -of -way easement deed is attached hereto as Exhibit A. ADOPTED: March 6, 1990 ATTEST: Chy CLERK JIME CZECH APPROVED AS TO F RM: MARK STODOLA, CITY ATTORNEY APPROVED: MAYOR LOYD G. VILLINES, III 2 -ya 8-1 • RIGHT OF WAY EASEMENT (CORPORATION) KNOW ALL MEN BY THESE PRESENTS: EXHIBIT A 104 THAT the City of Little Rock, GRANTOR a Corporation organized under and by virtue of the laws of the State of Arkansas, by its Vice Mayor and City Clerk, duly authorized by proper resolution of its Board of Directors, for and in consideration of the sum of One Dollar ($ 1.00 ), and other valuable consideration paid by the Little Rock Sanitary Sewer Committee, 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, for the use and benefit of the Little Rock Sanitary Sewer Committee, GRANTEE, and unto its successors and assigns forever, the following described easement: 1. A PERMANENT RIGHT, PRIVILEGE AND EASEMENT for the purpose of permitting the Little Rock Sanitary Sewer Committee and the Little Rock Wastewater Utility to clear and keep clear the surface of the right -of -way and (a) to lay, construct, operate, maintain, repair, replace, reconstruct, test, inspect and add sewer mains and sewer lines whether one or more, and without the payment of addi- tional compensation therefore; (b) keeping the easement clear of all buildings and other improvements of any kind; and (c) having the right to free ingress and egress across adjacent lands of the GRANTOR(S) to the lands hereinafter described. Subject to prior easements of record and except as hereinafter stated, the Little Rock Sanitary Sewer Committee shall have the exclusive use of this right -of -way and easement; and the GRANTOR may hereinafter 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 improvement upon the right -of -way except that, after the initial sewer 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 service to cross this easement at approximately right angles, but only if such utilities first comply with whatever specifications the Little Rock Sanitary Sewer Committee and the Little Rock Wastewater Utility may designate at the time for the protection of its own facilities. This permanent easement shall be upon the following described lands situated in Pulaski County, Arkansas, to -wit: A 10 foot sanitary sewer easement being a part of the NW 1/4 of Section 25 and a part of the NE 1/4 of Section 26, Township 1 North, Range 13 West, City of Little Rock, Pulaski County, Arkansas, said easement lying 5 feet left of and congruent to and 5 feet right of and congruent to the following described centerline: Commencing at a found iron pin, said iron pin being the angle point on the West line of Lot E, Brookwood Addition to the City of Little Rock, Pulaski County, Arkansas; thence N 7" 14' 00" W, along the West line of said Brookwood Addition, 181.50 feet to the centerline of an existing 24 -inch sanitary sewerline; thence S 6" 24' 34" W, along said sanitary sewerline, 148.55 feet to the center of an existing sanitary sewer manhole for the Point of Beginning; thence N 87" 10' 27" W, 78.1 feet to the end point of said centerline. 0 • 105 2. A TEMPORARY RIGHT, PRIVILEGE AND EASEMENT for the purpose of permitting the Little Rock Sanitary Sewer Committee and the Little Rock Wastewater Utility to remove all timber and obstructions therefrom and to make excavations, store excavated materials, tools, supplies and equipment and provide working space. This temporary easement shall begin when the Little Rock Sanitary Sewer Committee and the Little Rock Wastewater Utility commence the initial work on the permanent easement and shall terminate one year after 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: A 15 foot temporary construction easement, said easement lying 15 feet left of and adjacent to the above described sanitary sewer easement. Upon completion of the initial or any subsequent work by the Little Rock Sanitary Sewer Committee, the Little Rock Sanitary Sewer Committee shall backfill and thoroughly compact all excavations to minimize settling and shall level the surface over its excavations and pipelines, 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 Little Rock Sanitary Sewer Committee dam- ages any fence, curb or paved surface upon the rights -of -way, the Little Rock Sanitary Sewer Committee, 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 sewer or wastewater facility; the right to make connections and receive service shall be subject to the rules, regulations, policies or ordinances in effect at the time of application. To have and to hold said easements, rights and privileges unto the GRANTEE, and unto its successors and assigns forever, for the purposes aforesaid. And GRANTOR(S) covenants with GRANTEE, its successors and as- signees, that subject to prior recorded mortgages and easements, if any, it will forever warrant and defend the title to said easements and rights against the claims of all persons whomsoever and that GRANTEE, its successors and assigns, shall have at all times the quiet use of enjoyment of said easements and rights. IN WITNESS WHEREOF, the name of the GRANTOR is hereunto affixed by its Vice Mayor and its seal affixed by its City Clerk, this 7th day of March , 1990. CITY OF LITTLE ROCK, ARKANSAS r By: FLOYD VILLINES, Ili, MAYOR (Corporate Seal) A C K N O W L E D G M E N T STATE OF ARKANSAS) ) SS COUNTY OF PULASKI) On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, Floyd G. Villines, Mayor, and Jane Czech, City Clerk, to me well known, who stated that they were the Mayor and City Clerk, respectively of the City of Little Rock, Arkansas, a municipality situated in Pulaski County, Arkansas, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said City of Little Rock, Arkansas 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 official seal this 7th day of March , 1990. MY COMMISSION EXPIRES: G • 100