129531
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
2009024455 Received: 4/1512009 3:08:02 PtA 2009024456 Received: 4/15/2009 3:08:03 PM
Recorded: 0411512009 03:37:53 PM Filed & Recorded: 04/15/2009 03:37:54 PM Filed &
Recorded in Official Records of PAT O'BRIEN.Recorded in icial Records of RAT O'BRIEN.
PULASKI COUNTY CIRCUIT /COUNTY CLERK P�UeLA�S3 I OCOUNTY CI LERK
Fees $30.00
RESOLUTION NO. 12,953
A RESOLUTION TO AMEND RESOLUTION NO. 12,754 (SEPTEMBER 16, 2008)
WHICH RATIFIED THE GRANT OF AN EASEMENT IN THE RIGHT -OF -WAY TO
ENTERGY TO DELIVER ELECTRICAL POWER NECESSARY FOR THE
CONSTRUCTION AND EVENTUAL OPERATION OF THE LITTLE MAUMELLE
TREATMENT PLANT; TO AUTHORIZE THE MAYOR TO SIGN A CORRECTION
RIGHT -OF -WAY INSTRUMENT; AND FOR OTHER PURPOSES.
WHEREAS, by Resolution No. 12,754 (September 16, 2008) the Board of Directors ratified the
Mayor's execution of a right -of -way instrument from the City to Entergy Arkansas, Inc. for the benefit
of the Little Rock Sanitary Sewer Committee (LRSSC) and the Little Rock Wastewater Utility (LRW) as
it acquired property for the Little Maumelle Treatment Plant at a closing on September 9, 2008; and
WHEREAS, an error in the legal description of the instrument must be corrected by a correction
right -of -way instrument.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,
ARKANSAS.
Section 1. The Mayor is authorized to sign a correction right -of -way instrument to correct an
error in the Right -of -Way Instrument dated September 9, 2008, and filed of record on September 11,
2008, as Instrument No. 2008062803, in the Office of the City Clerk and Ex- Officio Recorder of Pulaski
County, Arkansas.
Section 2. 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 was not
originally a part of the resolution.
Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are
inconsistent with the provisions of this resolution are hereby repeated to the extent of such
inconsistency.
ADOPTED: March 31,2009
RESOLunoN - AMEND RES. 12,754
TO CORRECT LITTLE MAUMELLE TREATMENT
PLANT R -O -W INSTRUMENT
'``o,%%t%ua I11#111 1.
Ile
101?1111111% ,
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
ATTEST:
Nanq Wood, Ci Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, C Attorney
RESOLUTION - AMEND RES. 12,754
TO CORRECT LITTLE MAUMELLE TREATMENT
PLANT R -O -W INSTRUMENT
APPROVED:/
Mark Stodola, Mayor
CORRECTION
RIGHT-017-WAY INSTRUMENT
KNOW ALL MEN BY THESE PRESENTS THAT: City of Little Rock for the use and
benefit of the Little Rock Sanitary Sewer Committee, a municipal agency, (referred to
collectively, whether one or more, as "Grantor") for and in consideration of Ten Dollars, in hand
paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and for the purpose of correcting the legal description contained in that certain
Right -of -Way Instrument dated September 9, 2008, and filed of record in the Office of the Circuit
Clerk and Ex- Officio Recorder of Pulaski County, Arkansas on September 11, 2008, as
Instrument No. 2008062803, does hereby grant, bargain, sell, transfer, assign, convey and
warrant unto, and defend Entergy Arkansas, Inc., and its successors and assigns (collectively
"Grantee), a right -of -way, servitude and easement for the location, relocation, improvements,
repair, construction, reconstruction, operation, inspection, patrol, replacement, removal and
maintenance of one or more electric power lines, circuit or circuits and /or communication
facilities, now or in the future, including, but not necessarily limited to, poles, towers, cross
arms, insulators, wires, cables, conduits, hardware, transformers, switches, guy wires, anchors
and other equipment, structures, material and appurtenances, now or hereafter used, useful or
desired in connection therewith by Grantee (hereinafter "Grantee's facilities ") over, across,
under or on that land of Grantor in the County of Pulaski, State of Arkansas, described as
follows, to -wit:
A part of the Northeast Quarter of the Southeast Quarter, Section 10, Township 2 North,
Range 14 West, Pulaski County, Arkansas and being more fully described as Beginning
at the Southeast Comer of the Northwest Quarter of the Southeast Quarter and run
thence North 01 deg. 53 min. 42 sec. East along the East line thereof for a distance of
1251.99 feet to a point on the South Right -of -Way line of East Pinnacle Road; thence
North 88 deg. 14 min. 10 sec. West along said South Right -of -Way line for a distance of
30.00 feet; thence South 01 deg. 53 min. 42 sec. West parallel to said East line for a
distance of 1252.37 feet to a point on the South line of said Northwest Quarter of the
Southeast Quarter, thence 88 deg. 57 min. 36 sec. East along said South line for a
distance of 30.00 feet to the Point of Termination, containing 0.86 acres, more or less.
Grantor hereby grants to Grantee the rights of ingress and egress at any time, without notice, to,
from, or along said right -of -way across the adjoining land of the Grantor, including, but not
limited to, the passage of vehicles and equipment upon said right -of -way.
Grantee shall have the full and continuing right, without further compensation, 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 /or vegetation outside the said right of way which Grantee
considers a hazard to any of Grantee's 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. As used in this paragraph, "hazard" includes any
trees, limbs, and /or vegetation that Grantee determines are tall enough that if they fell may
strike, hit, or come in contact with any of Grantee's facilities.
Grantee shall pay Grantor for physical damages to Grantor's buildings or other structures
located outside said right -of -way and to Grantors' growing annual crops, road, bridges and
fences caused by the construction and maintenance of Grantee's facilities.
Grantor retains the right to use for Grantor's own purposes the land covered by the said right -of-
way so long as such use does not interfere with Grantee's use of said right -of -way and other
rights herein granted.
Grantor shall not construct or permit the construction of any structure, obstruction or other
hazard within the said right -of -way, including but not limited to, house, barn, garage, shed,
pond, pool, water impoundment, excavation or well, excepting only Grantor's fence (s) and
Grantee's facilities. Grantor shall not construct or permit the construction of any buildings or
other structures on land adjoining said right -of -way 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 Instrument on this day
of January, 2009.
GRANTOR
City of Little Rock for the use and benefit of the
Little Rock Sanitary Sewer Committee, a
municipal agency .
Ic3'�I
TITLE:
ACKNOWLEDGMENT
STATE OF ARKANSAS }
COUNTY OF PULASKI }
On this the day of January, 2009, before me, the undersigned officer, personally
appeared , who acknowledged himself to be the of the CITY OF
LITTLE ROCK, ARKANSAS, for the use and benefit of the Little Rock Sanitary. Sewer
Committee, a municipal agency, and that he, being authorized so to do, executed the foregoing
instrument for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
My commission expires: Notary Public
(SEAL)
2