Loading...
12496I RESOLUTION NO. 12,496 2 3 A RESOLUTION TO AMEND RESOLUTION NO. 121314 (July 11, 2006) TO 4 AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A REVISED EASEMENT 5 ALONG A PORTION OF UNIVERSITY AVENUE IN THE CITY OF LITTLE ROCK, 6 ARKANSAS TO ENTERGY ARKANSAS, INC. FOR UNDERGROUND ELECTRIC 7 POWER FACILITIES; AND FOR OTHER PURPOSES. 8 9 WHEREAS, the City is undertaking a street widening project along University Avenue that will 10 add an additional lane on the east side of University Avenue between the Interstate 630 right -of -way 11 north to St. Vincent Circle, which will necessitate the relocation of existing electric transmission lines 12 owned by Entergy Arkansas, Inc. ( "Entergy ") along the east side of University Avenue from those points, 13 and 14 WHEREAS, pursuant to Little Rock, Ark. Res. No. 12,314 (July 11, 2006), the Board of Directors 15 authorized the Mayor and Clerk to execute an easement to Entergy for the needed relocation of 16 electric power facilities in the above - described area, and 17 WHEREAS, Entergy has now determined that it needs a temporary construction easement for 18 the project and has provided the City with a legal description for the temporary easement as well as 19 some corrections to that previous description given for the permanent easement for the project. 20 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE 21 ROCK, ARKANSAS: 22 Section 1. The Mayor and City Clerk are hereby authorized to execute a revised easement, 23 substantially in the form attached as Exhibit A, which has been approved by the City Attorney, to grant 24 a nonexclusive easement in certain City property along University Avenue, as shown on the map on 25 Attachment B attached hereto, to Entergy Arkansas, Inc. for construction, operation and maintenance 26 of underground electric power facilities. 27 Section 2. The easement property is more particularly described as follows: 28 DESCRIPTION OF RIGHT -OF -WAY 29 in Little Rock, Pulaski County, Arkansas 30 31 10 FT. UNDERGROUND UTILITY EASEMENT: 32 33 PART OF THE SW 1/4 OF THE NW 1/4, SECTION 6, TOWNSHIP 1 NORTH, RANGE 12 WEST, PULASKI 34 COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 35 COMMENCING AT THE SOUTHWEST CORNER OF SAID SW 1/4 OF THE NW 1/4; THENCE NORTH 01 DEG 01 36 MIN. 26 SEC. EAST A DISTANCE OF 30.28 FEET TO A POINT; THENCE SOUTH 87 DEG 20 MIN. 19 SEC. EAST 37 A DISTANCE OF 49.70 FEET TO A POINT, SAID POINT BEING THE SOUTHWEST CORNER OF PARCEL 38 DESCRIBED PER WARRANTY DEED BOOK 1378, PAGE 623 AND PER DEED BOOK 1379, PAGE 13 OF THE 39 CIRCUIT CLERK =S OFFICE, PULASKI COUNTY, AND SHOWN ON UNRECORDED PLAT BY PLS 908 DATED 40 DECEMBER 30, 1985; THENCE SOUTH 24 DEG 42 MIN. 25 SEC. EAST A DISTANCE OF 66.43 FEET TO THE 41 POINT OF BEGINNING; THENCE SOUTH 01 DEG 10 MIN. 40 SEC. EAST A DISTANCE OF 8.25 FEET TO A [PAGE 1 OF 71 Resolution To authorize conveyance of ROW easement to Entergy 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 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 POINT; THENCE SOUTH 87 DEG 50 MIN. 29 SEC. EAST A DISTANCE OF 15.54 FEET TO A POINT; THENCE SOUTH 04 DEG 20 MIN. 07 SEC. WEST A DISTANCE OF 30.02 FEET TO A POINT; THENCE NORTH 87 DEG 50 MIN. 29 SEC. WEST A DISTANCE OF 17.86 FEET TO A POINT; THENCE SOUTH 02 DEG 09 MIN. 37 SEC. WEST A DISTANCE OF 147.98 FEET TO A POINT; THENCE SOUTH 04 DEG 50 MIN. 39 SEC. EAST A DISTANCE OF 102.43 FEET TO A POINT; THENCE SOUTH 04 DEG 50 MIN. 41 SEC. EAST A DISTANCE OF 89.63 FEET TO A POINT; THENCE SOUTH 54 DEG 35 MIN. 46 SEC. WEST A DISTANCE OF 34.96 FEET TO A POINT; THENCE SOUTH 01 DEG 48 MIN. 25 SEC. WEST A DISTANCE OF 198.04 FEET TO A POINT; THENCE SOUTH 03 DEG 07 MIN. 18 SEC. WEST A DISTANCE OF 134.29 FEET TO A POINT; THENCE SOUTH 02 DEG 23 MIN. 07 SEC. WEST A DISTANCE OF 161.08 FEET TO A POINT; THENCE SOUTH 05 DEG 22 MIN. 54 SEC. EAST A DISTANCE OF 220.83 FEET TO A POINT; THENCE SOUTH 64 DEG 15 MIN. 13 SEC. EAST A DISTANCE OF 60.54 FEET TO A POINT; THENCE SOUTH 25 DEG 44 MIN. 47 SEC. WEST A DISTANCE OF 10.00 FEET TO A POINT; THENCE NORTH 64 DEG 15 MIN. 13 SEC. WEST A DISTANCE OF 66.18 FEET TO A POINT; THENCE NORTH 05 DEG 22 MIN. 54 SEC. WEST A DISTANCE OF 227.15 FEET TO A POINT; THENCE NORTH 02 DEG 23 MIN. 07 SEC. EAST A DISTANCE OF 107.94 FEET TO A POINT; THENCE NORTH 87 DEG 50 MIN. 29 SEC. WEST A DISTANCE OF 5.82 FEET TO A POINT; THENCE NORTH 02 DEG 09 MIN. 31 SEC. EAST A DISTANCE OF 12.00 FEET TO A POINT; THENCE SOUTH 87 DEG 50 MIN. 29 SEC. EAST A DISTANCE OF 5.86 FEET TO A POINT; THENCE NORTH 02 DEG 23 MIN. 07 SEC. EAST A DISTANCE OF 41.89 FEET TO A POINT; THENCE NORTH 03 DEG 07 MIN. 18 SEC. EAST A DISTANCE OF 134.24 FEET TO A POINT; THENCE NORTH 01 DEG 48 MIN. 25 SEC. EAST A DISTANCE OF 202.88 FEET TO A POINT; THENCE NORTH 54 DEG 35 MIN. 46 SEC. EAST A DISTANCE OF 34.21 FEET TO A POINT; THENCE NORTH 04 DEG 50 MIN. 41 SEC. WEST A DISTANCE OF 83.92 FEET TO A POINT; THENCE NORTH 04 DEG 50 MIN. 39 SEC. WEST A DISTANCE OF 103.04 FEET TO A POINT; THENCE NORTH 02 DEG 09 MIN. 37 SEC. EAST A DISTANCE OF 151.81 FEET TO A POINT; THENCE NORTH 01 DEG 10 MIN. 40 SEC. WEST A DISTANCE OF 14.00 FEET TO A POINT; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 55.17 FEET XX SAID CURVE HAVING A CHORD DIRECTION OF NORTH 35 DEG 25 MIN. 08 SEC. EAST AND A CHORD LENGTH OF 25.16 FEET TO A POINT; TO THE POINT OF BEGINNING; CONTAINING 0.29 ACRES OR 12493.10 SQUARE FEET MORE OR LESS. 5 FT. TEMPORARY CONSTRUCTION EASEMENT: PART OF THE SW 1/4 OF THE NW 1/4, SECTION 6, TOWNSHIP 1 NORTH, RANGE 12 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SW 1/4 OF THE NW 1/4; THENCE NORTH 01 DEG 01 MIN. 26 SEC. EAST A DISTANCE OF 30.28 FEET TO A POINT; THENCE SOUTH 87 DEG 20 MIN. 19 SEC. EAST A DISTANCE OF 49.70 FEET TO A POINT, SAID POINT BEING THE SOUTHWEST CORNER OF PARCEL DESCRIBED PER WARRANTY DEED BOOK 1378, PAGE 623 AND PER DEED BOOK 1379, PAGE 13 OF THE CIRCUIT CLERK =S OFFICE, PULASKI COUNTY, AND SHOWN ON UNRECORDED PLAT BY PLS 908 DATED DECEMBER 30, 1985; THENCE SOUTH 24 DEG 42 MIN. 25 SEC. EAST A DISTANCE OF 66.43 FEET TO A POINT: THENCE SOUTH 01 DEG 10 MIN. 40 SEC. EAST A DISTANCE OF 8.25 FEET TO A POINT; THENCE SOUTH 87 DEG 50 MIN. 29 SEC. EAST A DISTANCE OF 15.54 FEET TO A POINT; THENCE SOUTH 04 DEG 20 MIN. 07 SEC. WEST A DISTANCE OF 30.02 FEET TO A POINT; THENCE NORTH 87 DEG 50 MIN. 29 SEC. WEST A DISTANCE OF 12.86 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 02 DEG 09 MIN. 37 SEC. WEST A DISTANCE OF 147.67 FEET TO A POINT; THENCE SOUTH 04 DEG 50 MIN. 39 SEC. EAST A DISTANCE OF 102.12 FEET TO A POINT; THENCE SOUTH 04 DEG 50 MIN. 41 SEC. EAST A DISTANCE OF 92.48 FEET TO A POINT; THENCE SOUTH 54 DEG 35 MIN. 46 SEC. WEST A DISTANCE OF 35.33 FEET TO A POINT; THENCE SOUTH 01 DEG 48 MIN. 25 SEC. WEST A DISTANCE OF 195.61 FEET TO A POINT; THENCE SOUTH 03 DEG 07 MIN. 18 SEC. WEST A DISTANCE OF 134.32 FEET TO A POINT; THENCE SOUTH 02 DEG 23 MIN. 07 SEC. WEST A DISTANCE OF 160.71 FEET TO A POINT; THENCE SOUTH 05 DEG 22 MIN. 54 SEC. EAST A DISTANCE OF 217.67 FEET TO A POINT; THENCE SOUTH 64 DEG 15 MIN. 13 SEC. EAST A DISTANCE OF 57.72 FEET TO A POINT; THENCE SOUTH 25 DEG 44 MIN. 47 SEC. WEST A DISTANCE OF 5.00 FEET TO A POINT; THENCE NORTH 64 DEG 15 MIN. 13 SEC. WEST A DISTANCE OF 60.54 FEET TO A POINT; THENCE NORTH 05 DEG 22 MIN. 54 SEC. WEST A DISTANCE OF 220.83 FEET TO A POINT; THENCE NORTH 02 DEG 23 MIN. 07 SEC. EAST A DISTANCE OF 161.08 FEET TO A POINT; THENCE NORTH 03 DEG 07 MIN. 18 SEC. EAST A DISTANCE OF 134.29 FEET TO A POINT; THENCE NORTH 01 DEG 48 MIN. 25 SEC. EAST A DISTANCE OF 198.04 FEET TO A POINT; Resolution To authorize conveyance of ROW easement to Entergy [PAGE 2 OF 71 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 37 38 THENCE NORTH 54 DEG 35 MIN. 46 SEC. EAST A DISTANCE OF 34.96 FEET TO A POINT; THENCE NORTH 04 DEG 50 MIN. 41 SEC. WEST A DISTANCE OF 89.63 FEET TO A POINT; THENCE NORTH 04 DEG 50 MIN. 39 SEC. WEST A DISTANCE OF 102.43 FEET TO A POINT; THENCE NORTH 02 DEG 09 MIN. 37 SEC. EAST A DISTANCE OF 147.98 FEET TO A POINT; THENCE SOUTH 87 DEG 50 MIN. 29 SEC. EAST A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.13 ACRES OR 5733.49 SQUARE FEET MORE OR LESS. Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the resolution which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the resolution. Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this resolution, are hereby repealed to the extent of such inconsistency. ADOPTED: April 17, 2007 ATTEST: Na j Wood, ity Clerk APPROVED AS TO FORM: Thomas M. Carpenter, City Attor y Resolution To authorize conveyance of ROW easement to Entergy [PAGE 3 of 71 APPROVED: Mark Stodola, Mayor 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 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 STATE OF ARKANSAS COUNTY OF PULASKI EXHIBIT "A" RIGHT -OF -WAY EASEMENT FOR UNDERGROUND FACILITIES OF ENTERGY ARKANSAS, INC. KNOW ALL MEN BY THESE PRESENTS THAT: City of Little Rock, Grantor, acting individually, and for, and on behalf of, successors, assigns and any other person claiming the ownership to the property hereinafter described, collectively "Grantor ", for and in consideration of one dollar ($1.00), in hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, assign, convey unto Entergy Arkansas, Inc., and its successors and assigns, collectively "Grantee ", a non - exclusive right -of -way, servitude and easement ten (10) feet in width for the location, construction, reconstruction, improvements, repairs, operation, inspection, patrol, replacement and maintenance of underground electric power facilities and all appurtenances thereto, or the removal thereof, now or in the future, including, but not necessarily limited to, insulators, wires, cables, conduits, hardware, transformers including at -grade transformers, switches, anchors and other equipment, structures, material and appurtenances, now or hereafter used, useful or desired in connection therewith by Grantee over, across, under or on that land of Grantor in the County of Pulaski, State of Arkansas described as follows, to -wit: 10 FT. UNDERGROUND UTILITY EASEMENT: PART OF THE SW 1/4 OF THE NW 1/4, SECTION 6, TOWNSHIP 1 NORTH, RANGE 12 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SW 1/4 OF THE NW 1/4; THENCE NORTH 01 DEG 01 MIN. 26 SEC. EAST A DISTANCE OF 30.28 FEET TO A POINT; THENCE SOUTH 87 DEG 20 MIN. 19 SEC. EAST A DISTANCE OF 49.70 FEET TO A POINT, SAID POINT BEING THE SOUTHWEST CORNER OF PARCEL DESCRIBED PER WARRANTY DEED BOOK 1378, PAGE 623 AND PER DEED BOOK 1379, PAGE 13 OF THE CIRCUIT CLERK =S OFFICE, PULASKI COUNTY, AND SHOWN ON UNRECORDED PLAT BY PLS 908 DATED DECEMBER 30, 1985; THENCE SOUTH 24 DEG 42 MIN. 25 SEC. EAST A DISTANCE OF 66.43 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01 DEG 10 MIN. 40 SEC. EAST A DISTANCE OF 8.25 FEET TO A POINT; THENCE SOUTH 87 DEG 50 MIN. 29 SEC. EAST A DISTANCE OF 15.54 FEET TO A POINT; THENCE SOUTH 04 DEG 20 MIN. 07 SEC. WEST A DISTANCE OF 30.02 FEET TO A POINT; THENCE NORTH 87 DEG 50 MIN. 29 SEC. WEST A DISTANCE OF 17.86 FEET TO A POINT; THENCE SOUTH 02 DEG 09 MIN. 37 SEC. WEST A DISTANCE OF 147.98 FEET TO A POINT; THENCE SOUTH 04 DEG 50 MIN. 39 SEC. EAST A DISTANCE OF 102.43 FEET TO A POINT; THENCE SOUTH 04 DEG 50 MIN. 41 SEC. EAST A DISTANCE OF 89.63 FEET TO A POINT; THENCE SOUTH 54 DEG 35 MIN. 46 SEC. WEST A DISTANCE OF 34.96 FEET TO A POINT; THENCE SOUTH 01 DEG 48 MIN. 25 SEC. WEST A DISTANCE OF 198.04 FEET TO A POINT; THENCE SOUTH 03 DEG 07 MIN. 18 SEC. WEST A DISTANCE OF 134.29 FEET TO A POINT; THENCE SOUTH 02 DEG 23 MIN. 07 SEC. WEST A DISTANCE OF 161.08 FEET TO A POINT; THENCE SOUTH 05 DEG 22 MIN. 54 SEC. EAST A DISTANCE OF 220.83 FEET TO A POINT; THENCE SOUTH 64 DEG 15 MIN. 13 SEC. EAST A DISTANCE OF 60.54 FEET TO A POINT; THENCE SOUTH 25 DEG 44 MIN. 47 SEC. WEST A DISTANCE OF 10.00 FEET TO A POINT; THENCE NORTH 64 DEG 15 MIN. 13 SEC. WEST A DISTANCE OF 66.18 FEET TO A POINT; THENCE NORTH 05 DEG 22 MIN. 54 SEC. WEST A DISTANCE OF 227.15 FEET TO A POINT; THENCE NORTH 02 DEG 23 MIN. 07 SEC. EAST A DISTANCE OF 107.94 FEET TO A POINT; THENCE NORTH 87 DEG 50 MIN. 29 SEC. WEST A DISTANCE OF 5.82 FEET TO A POINT; THENCE NORTH 02 DEG 09 MIN. 31 SEC. EAST A DISTANCE OF 12.00 FEET TO A POINT; THENCE SOUTH 87 DEG 50 MIN. 29 SEC. EAST A DISTANCE OF 5.86 FEET TO A POINT; THENCE NORTH 02 DEG 23 MIN. 07 SEC. EAST A DISTANCE OF 41.89 FEET TO A POINT; THENCE NORTH 03 DEG 07 MIN. 18 SEC. EAST A DISTANCE OF 134.24 FEET TO A POINT; THENCE NORTH 01 DEG 48 MIN. 25 SEC. EAST A DISTANCE OF 202.88 FEET TO A POINT; THENCE NORTH 54 DEG 35 MIN. 46 SEC. EAST A DISTANCE OF 34.21 FEET TO A POINT; THENCE NORTH 04 DEG 50 MIN. 41 SEC. WEST A DISTANCE Resolution To authorize conveyance of ROW easement to Entergy [PAGE 4 OF 71 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 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 OF 83.92 FEET TO A POINT; THENCE NORTH 04 DEG 50 MIN. 39 SEC. WEST A DISTANCE OF 103.04 FEET TO A POINT; THENCE NORTH 02 DEG 09 MIN. 37 SEC. EAST A DISTANCE OF 151.81 FEET TO A POINT; THENCE NORTH 01 DEG 10 MIN. 40 SEC. WEST A DISTANCE OF 14.00 FEET TO A POINT; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 55.17 FEET XX SAID CURVE HAVING A CHORD DIRECTION OF NORTH 35 DEG 25 MIN. 08 SEC. EAST AND A CHORD LENGTH OF 25.16 FEET TO A POINT; TO THE POINT OF BEGINNING; CONTAINING 0.29 ACRES OR 12493.10 SQUARE FEET MORE OR LESS. 5' FT. TEMPORARY CONSTRUCTION EASEMENT: PART OF THE SW 1/4 OF THE NW 1/4, SECTION 6, TOWNSHIP 1 NORTH, RANGE 12 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SW 1/4 OF THE NW 1/4; THENCE NORTH 01 DEG 01 MIN. 26 SEC. EAST A DISTANCE OF 30.28 FEET TO A POINT; THENCE SOUTH 87 DEG 20 MIN. 19 SEC. EAST A DISTANCE OF 49.70 FEET TO A POINT, SAID POINT BEING THE SOUTHWEST CORNER OF PARCEL DESCRIBED PER WARRANTY DEED BOOK 1378, PAGE 623 AND PER DEED BOOK 1379, PAGE 13 OF THE CIRCUIT CLERK =S OFFICE, PULASKI COUNTY, AND SHOWN ON UNRECORDED PLAT BY PLS 908 DATED DECEMBER 30, 1985; THENCE SOUTH 24 DEG 42 MIN. 25 SEC. EAST A DISTANCE OF 66.43 FEET TO A POINT: THENCE SOUTH 01 DEG 10 MIN. 40 SEC. EAST A DISTANCE OF 8.25 FEET TO A POINT; THENCE SOUTH 87 DEG 50 MIN. 29 SEC. EAST A DISTANCE OF 15.54 FEET TO A POINT; THENCE SOUTH 04 DEG 20 MIN. 07 SEC. WEST A DISTANCE OF 30.02 FEET TO A POINT; THENCE NORTH 87 DEG 50 MIN. 29 SEC. WEST A DISTANCE OF 12.86 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 02 DEG 09 MIN. 37 SEC. WEST A DISTANCE OF 147.67 FEET TO A POINT; THENCE SOUTH 04 DEG 50 MIN. 39 SEC. EAST A DISTANCE OF 102.12 FEET TO A POINT; THENCE SOUTH 04 DEG 50 MIN. 41 SEC. EAST A DISTANCE OF 92.48 FEET TO A POINT; THENCE SOUTH 54 DEG 35 MIN. 46 SEC. WEST A DISTANCE OF 35.33 FEET TO A POINT; THENCE SOUTH 01 DEG 48 MIN. 25 SEC. WEST A DISTANCE OF 195.61 FEET TO A POINT; THENCE SOUTH 03 DEG 07 MIN. 18 SEC. WEST A DISTANCE OF 134.32 FEET TO A POINT; THENCE SOUTH 02 DEG 23 MIN. 07 SEC. WEST A DISTANCE OF 160.71 FEET TO A POINT; THENCE SOUTH 05 DEG 22 MIN. 54 SEC. EAST A DISTANCE OF 217.67 FEET TO A POINT; THENCE SOUTH 64 DEG 15 MIN. 13 SEC. EAST A DISTANCE OF 57.72 FEET TO A POINT; THENCE SOUTH 25 DEG 44 MIN. 47 SEC. WEST A DISTANCE OF 5.00 FEET TO A POINT; THENCE NORTH 64 DEG 15 MIN. 13 SEC. WEST A DISTANCE OF 60.54 FEET TO A POINT; THENCE NORTH 05 DEG 22 MIN. 54 SEC. WEST A DISTANCE OF 220.83 FEET TO A POINT; THENCE NORTH 02 DEG 23 MIN. 07 SEC. EAST A DISTANCE OF 161.08 FEET TO A POINT; THENCE NORTH 03 DEG 07 MIN. 18 SEC. EAST A DISTANCE OF 134.29 FEET TO A POINT; THENCE NORTH 01 DEG 48 MIN. 25 SEC. EAST A DISTANCE OF 198.04 FEET TO A POINT; THENCE NORTH 54 DEG 35 MIN. 46 SEC. EAST A DISTANCE OF 34.96 FEET TO A POINT; THENCE NORTH 04 DEG 50 MIN. 41 SEC. WEST A DISTANCE OF 89.63 FEET TO A POINT; THENCE NORTH 04 DEG 50 MIN. 39 SEC. WEST A DISTANCE OF 102.43 FEET TO A POINT; THENCE NORTH 02 DEG 09 MIN. 37 SEC. EAST A DISTANCE OF 147.98 FEET TO A POINT; THENCE SOUTH 87 DEG 50 MIN. 29 SEC. EAST A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.13 ACRES OR 5733.49 SQUARE FEET MORE OR LESS. TO HAVE AND TO HOLD same, with all rights and appurtenances to the same belonging, unto Grantee, its successors and assigns, until the use of the easement is relinquished or abandoned, whichever first occurs, at which time the easement automatically expires; such rights to include the right of ingress and egress to and from said right -of -way by reasonable routes across the adjoining land of the Grantor, and with the understanding that any Grantor - requested relocation of Grantee's electric power facilities from or within the described area within only the first fifteen (15) years of this Easement shall be at Grantor's expense. Unless otherwise herein specifically provided, the centerline of the electric power and communication lines initially constructed on this right -of -way shall be the centerline of said right -of -way. Grantee shall have the full and continuing right to clear and keep clear vegetation within or growing into said right -of -way and the further right to remove or modify from time to time trees, limbs, and Resolution To authorize conveyance of ROW easement to Entergy [PAGE 5 OF 71 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 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 vegetation outside the said right of way which Grantee considers a hazard to any of its electric power or communications facilities or a hazard to the rendering of adequate and dependable service to Grantor or any of Grantee's customers, by use of a variety of methods used in the vegetation management industry. Grantor reserves the right to use and enjoy its interests in the easement area insofar as the exercise thereof does not endanger or interfere with the construction, operation and maintenance of said electric power and communications facilities. The foregoing grants are non - exclusive and Grantor reserves the right to agree to other non - exclusive occupations of the property by one (1) or more person(s), provided, however, that any such subsequent occupancies or agreements for such occupancies shall be subordinate to the rights granted herein to Grantee if Grantee has not relocated therefrom. Grantor shall not construct or permit the construction of any buildings or other structures in the easement area or on land adjoining said right -of -way which is in violation of the minimum clearances from the lines and facilities of Grantee, as provided in the National Electrical Safety Code. IN WITNESS WHEREOF, Grantor has executed this Right -of -Way Easement on this _ day of , 2007. GRANTOR: CITY OF LITTLE ROCK Mark Stodola Mayor ATTEST: Nancy Wood City Clerk FT�10YA � �T�PA VVI STATE OF ARKANSAS COUNTY OF PULASKI BE IT REMEMBERED that on this day come before me the undersigned, a Notary Public, within and for the county and state aforesaid, duly commissioned and acting, Mark Stodola and Nancy Wood, to me well known as the Mayor and City Clerk, respectively, in the foregoing instrument and acknowledged that they had executed the same for the consideration, uses and purposes therein mentioned and set forth. Witness my hand and seal as such Notary Public this day of , 2007. Commission Expires [SEAL) Resolution To authorize conveyance of ROW easement to Entergy [PAGE 6 OF 71 Notary Public 1 Resolution To authorize conveyance of ROW easement to Entergy EXHIBIT'B" [PAGE 7 OF 7] 9 4 • ■ 0 [PAGE 7 OF 7] 9 4