12754I
Pa
RESOLUTION NO. 12,754
3 A RESOLUTION TO RATIFY THE GRANT OF AN EASEMENT IN THE
4 RIGHT -OF -WAY TO ENTERGY TO DELIVER ELECTRICAL POWER
5 NECESSARY FOR THE CONSTRUCTION AND EVENTUAL OPERATION OF
6 THE LITTLE MAUMELLE TREATMENT PLANT; AND FOR OTHER
7 PURPOSES.
8
9 WHEREAS, the Little Rock Sanitary Sewer Committee (LRSSC) and the Little Rock Wastewater
10 Utility (LRW) acquired property for the Little Maumelle Treatment Plant; and
11 WHEREAS, the LRSSC and the LRW requested the City to grant an easement to Entergy in the
12 right -of -way to deliver electrical power necessary for the construction and eventual operation of the
13 Treatment Plant; and
14 WHEREAS, such easement was requested on September 5, 2008 at 3:38 p.m. for a real estate closing
15 on September 9, 2008 at 3:30 p.m.; and
16 WHEREAS, the City Attorney recommended that the Mayor execute the electrical easement and
17 seek ratification of that action at the next available meeting of the Board of Directors in order not to delay
18 the start of construction of the Little Maumelle Treatment Plant.
19 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
20 OF LITTLE ROCK, ARKANSAS:
21 Section 1. The execution of an electrical easement to Entergy by the Mayor on September 9, 2008 --
22 in the form set forth as Exhibit A to this resolution -- in order to deliver electricity to the Little Maumelle
23 Treatment Plan site is hereby ratified.
24 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause,
25 phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such
26 declaration or adjudication shall not affect the remaining portions of the resolution which shall
27 remain in full force and effect as if the portion so declared or adjudged invalid or
28 unconstitutional was not originally a part of the resolution.
29 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are
30 inconsistent with the provisions of this resolution are hereby repealed to the extent of such
31 inconsistency.
32 ADOPTED: September 16, 2008
33
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RESOLUTION - RATIFICATION OF ELECTRICAL EASEMENT
LITTLE MAUMELLE TREATMENT PLANT
I ATTEST:
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Nat ki S. Blocker, Assistant City Clerk
5 For Nancy Wood, City Clerk
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7 APPROVED AS TO LEGAL FORM:
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10 Thomas M. Carpenter, City AiWorney
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RESOLUTION - RATIFICATION OF ELECTRICAL EASEMENT
LITTLE MAUMELLE TREATMENT PLANT
APPROVED:
Mark Stodola, Mayor
[PAGE 2 OF 41
I RIGHT -OF -WAY INSTRUMENT
2
3
4 KNOW ALL MEN BY THESE PRESENTS THAT: City of Little Rock for the use and benefit of the Little
5 Rock Sanitary Sewer Committee, a municipal agency, (referred to collectively, whether one or more, as "Grantor ")
6 for and in consideration of Ten Dollars, in hand paid, and other good and valuable consideration, the receipt and
7 sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, transfer, assign, convey and warrant
8 unto, and defend Entergy Arkansas, Inc., and its successors and assigns (collectively "Grantee "), a right -of -way,
9 servitude and easement for the location, relocation, improvements, repair, construction, reconstruction, operation,
10 inspection, patrol, replacement, removal and maintenance of one or more electric power lines, circuit or circuits
11 and/or communication facilities, now or in the future, including, but not necessarily limited to, poles, towers, cross
12 arms, insulators, wires, cables, conduits, hardware, transformers, switches, guy wires, anchors and other equipment,
13 structures, material and appurtenances, now or hereafter used, useful or desired in connection therewith by Grantee
14 (hereinafter "Grantee's facilities ") over, across, under or on that land of Grantor in the County of Pulaski, State of
15 Arkansas, described as follows, to -wit:
16
17 A part of the Northeast Quarter of the Southeast Quarter, Township 2 North, Range 14 West, Pulaski
18 County, Arkansas and being more fully described as Beginning at the Southeast Corner of the Northwest
19 Quarter of the Southeast Quarter and run thence North 01 deg. 53 min. 42 sec. East along the East line
20 thereof for a distance of 1251.99 feet to a point on the South Right -of -Way line of East Pinnacle Road;
21 thence North 88 deg. 14 min. 10 sec. West along said South Right -of -Way line for a distance of 30.00 feet;
22 thence South 01 deg. 53 min. 42 sec. West parallel to said East line for a distance of 1252.37 feet to a point
23 on the South line of said Northwest Quarter of the Southeast Quarter; thence 88 deg. 57 min. 36 sec. East
24 along said South line for a distance of 30.00 feet to the Point of Termination, containing 0.86 acres, more or
25 less.
26
27 Grantor hereby grants to Grantee the rights of ingress and egress at any time, without notice, to, from, or along said
28 right -of -way across the adjoining land of the Grantor, including, but not limited to, the passage of vehicles and
29 equipment upon said right -of -way.
30
31 Grantee shall have the full and continuing right, without further compensation, to clear and keep clear vegetation
32 within or growing into said right -of -way and the further right to remove or modify from time to time trees, limbs,
33 and/or vegetation outside the said right of way which Grantee considers a hazard to any of Grantee's facilities or a
34 hazard to the rendering of adequate and dependable service to Grantor or any of Grantee's customers, by use of a
35 variety of methods used in the vegetation management industry. As used in this paragraph, "hazard" includes any
36 trees, limbs, and/or vegetation that Grantee determines are tall enough that if they fell may strike, hit, or come in
37 contact with any of Grantee's facilities.
38
39 Grantee shall pay Grantor for physical damages to Grantor's buildings or other structures located outside said right -
40 of -way and to Grantors' growing annual crops, road, bridges and fences caused by the construction and maintenance
41 of Grantee's facilities.
42
43 Grantor retains the right to use for Grantor's own purposes the land covered by the said right -of -way so long as such
44 use does not interfere with Grantee's use of said right -of -way and other rights herein granted.
45
46 Grantor shall not construct or permit the construction of any structure, obstruction or other hazard within the said
47 right -of -way, including but not limited to, house, barn, garage, shed, pond, pool, water impoundment, excavation or
48 well, excepting only Grantor's fence(s) and Grantee's facilities. Grantor shall not construct or permit the
49 construction of any buildings or other structures on land adjoining said right -of -way in violation of the minimum
50 clearances from the lines and facilities of Grantee, as provided in the National Electrical Safety Code.
51
52 IN WITNESS WHEREOF, Grantor has executed this Right -of -Way Instrument on this day of September,
53 2008.
54
55
56 Exhibit A -1
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RESOLQTTON - RATIFICATION OF ELECTRICAL EASEMENT
LITTLE MAOMELLE TREATMENT PLANT