129953 A RESOLUTION TO AUTHORIZE THE GRANT OF AN EASEMENT FOR 0.63
4 ACRES MORE OR LESS IN THE RIGHT -OF -WAY WITH POSSIBILITY OF
5 REVERTER TO CENTRAL ARKANSAS WATER FOR A WATERLINE; TO
6 AUTHORIZE THE MAYOR TO SIGN A RIGHT -OF -WAY INSTRUMENT; AND
7 FOR OTHER PURPOSES.
8
9 WHEREAS, Central Arkansas Water and the Little Rock Sanitary Sewer Committee request that the
10 Board of Directors authorize the grant of an easement with possibility of reverter to Central Arkansas
11 Water for the construction of a waterline;
12 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
13 CITY OF LITTLE ROCK, ARKANSAS.
14 Section 1. The requested easement with possibility of reverted for approximately 0.63 acres is
15 hereby authorized. The Mayor is authorized to sign a Right of Way Easement with Possibility of Reverter
16 to Central Arkansas Water in order to construct a waterline in substantially the form attached.
17 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase,
18 or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
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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 3. 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with the provisions of this resolution are hereby repealed to the extent of such inconsistency.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: July 7, 2009
ATTEST:
usan LA41Q Acting City Clerk
APPROVED AS TO LEGAL FORM:
-
Thomas M. Carpenter, Cit4htforney
Resolution
CAW Easement - waterline
APPROVED:
Mark Stodola,
[PAGE I OF 7]
j4.eotde�` U
Ct. z 4
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9 RIGHT OF WAY EASEMENT
10 WITH POSSIBILITY OF REVERTER
11
12 KNOW ALL MEN BY THESE PRESENTS:
13
14 THAT THE CITY OF LITTLE ROCK FOR THE USE AND BENEFIT OF THE
15 LITTLE ROCK SANITARY SEWER COMMITTEE, GRANTOR, for the sum of
16 Ten and No /100 Dollars ($10.00), and other valuable
17 consideration paid by CENTRAL ARKANSAS WATER, a consolidated
18 water association created and existed under the Consolidated
19 Waterworks Authorization Act, Act 982 of the 83rd General
20 Assembly of the State of Arkansas, GRANTEE, the receipt of which
21 is hereby acknowledged, does hereby, subject to prior recorded
22 mortgages and easements, if any, grant, bargain, sell and convey
23 unto GRANTEE, and unto its successors and assigns forever, the
24 following described easements:
25
26 A PERMANENT RIGHT, PRIVILEGE AND EASEMENT for the purpose
27 of permitting Central Arkansas Water to clear and keep clear the
28 surface of the right -of -way and to lay, construct, maintain,
29 repair, replace, test and inspect underground water mains,
30 whether one or more, and surface appurtenances thereto, now and
31 at different times in the future, without the payment of
32 additional compensation therefore (collectively, the "Permitted
33 Uses "). Subject to prior easements of record and except as
34 hereinafter stated, Central Arkansas Water shall have the
35 exclusive use of this right -of -way. GRANTOR may hereafter use
36 the surface of the easement for any purpose not inconsistent
37 with the rights hereby conveyed, but may not place a building,
38 footing, wall, structure or other improvement upon the right -of-
39 way except that, after the initial Central Arkansas Water
40 construction is completed, GRANTOR may pave the easement surface
41 and may use it for driveways, walks or parking areas. GRANTOR
42 may permit other utility services to cross this easement at
43 approximately right angles, but only if such utilities first
44 comply with whatever specifications Central Arkansas Water may
45 designate at the time for the protection of its own facilities.
46 This permanent easement shall be upon the following described
[PAGE 2 of 7]
Resolution
CAW Easement - waterline
I lands situated in Pulaski County, Arkansas, to -wit (the
2 "Property "):
3
4 An easement for the purpose of a waterline over and
5 across a strip of land fifteen (15) feet wide, the
6 southerly and southeasterly line of which is parallel
7 and concentric with and fifteen feet southerly and
8 southeasterly of the northerly and northwesterly line
9 of a fifty (50) foot strip of land owned by Little
10 Rock Waste Water described as follows:
11
12 Part of the South Half of Section 10, Township 2
13 North, Range 14 West, Pulaski County, Arkansas, more
14 fully described as follows:
15
16 Commencing at a Found Stone marking the Northwest
17 corner of the Southwest Quarter of the Southeast
18 Quarter of said Section 10; run thence S 88 °55'32" E
19 along the North line thereof for a distance of 250.00
20 feet to the Northwest corner of a certain 19.140 acre
21 tract belonging to Little Rock Wastewater Utility,
22 Thence along with the West line of said 19.140 acre
23 tract S 01 °3945" W for a distance of 403.69 feet, to
24 the Point of Beginning;
25 Thence N 88 °20'15" W a distance of 21.32 feet to a
26 point;
27 Thence around a curve to the right having a radius of
28 500 feet, a length of 111.20 feet, a chord bearing of
29 N 81 °57'57" W and a chord length of 110.97 feet to a
30 point;
31 Thence N 75 °35'40" W for a distance of 141.26 feet to
32 a point;
33 Thence around a curve to the left having a radius of
34 270 feet, a length of 118.61 feet, a chord bearing of
35 N 88 010147" W and a chord length of 117.66 feet to a
36 point;
37 Thence S 79 014'06" W for a distance of 143.10 feet to
38 a point;
39 Thence around a curve to the right having a radius of
40 220 feet, a length of 150.21 feet, a chord bearing of
41 N 81 012117" W and a chord length of 147.31 feet to a
42 point;
43 Thence N 61 038'40" W for a distance of 137.29 feet to
44 a point;
45 Thence around a curve to the left having a radius of
46 270 feet, a length of 198.38 feet, a chord bearing of
[PAGE 3 OF 7]
Resolution
CAW Easement - waterline
I N 82 °41'34" W and a chord length of 193.94 feet to a
2 point;
3 Thence S 76 015'31" W for a distance of 197.85 feet to
4 a point;
5 Thence around a curve to the left having a radius of
6 270 feet, a length of 51.63 feet, a chord bearing of S
7 60 °10115" W and a chord length !of 149.64 feet to a
8 point;
9 Thence S 44 °04'58" W for a distance of 89.69 feet to a
10 point;
11 Thence around a curve to the left having a radius of
12 270 feet, a length of 39.12 feet, a chord bearing of S
13 39 °55153" W and a chord length of 39.09 feet to a
14 point;
15 Thence S 35 °46'49" W for a distance of 26.01 feet to a
16 point;
17 Thence S 19 °02'20" W for a distance of 117.52 feet to
18 a point;
19 Thence around a curve to the left having a radius of
20 105 feet, a length of 170.04 feet, a chord bearing of
21 S 27 °21'11" E and a chord length of 152.06 feet, to
22 the Point of Terminus containing 0.63 acres more or
23 less.
24
25 Grantee's (and its successors' and assigns') estate in the
26 Property shall continue only for as long as the Property is used
27 for Permitted Uses; and at such time as or in the event that the
28 Property shall cease to be used for Permitted Uses, the
29 Property, together with all improvements, buildings and fixtures
30 located thereon that are of a permanent nature, and the title
31 thereto shall immediately and automatically revert to Grantor,
32 its successors and assigns, it being the intent of Grantor to
33 convey hereby a determinable fee which shall terminate, and the
34 title revert, upon the use of the Property for any purpose other
35 than Permitted Uses.
36
37 Notwithstanding the immediately preceding sentence, title
38 to the Property shall not revert to Grantor, its successors and
39 assigns, unless and until Grantor (or its successors and
40 assigns, as appropriate) shall give written notice to Grantee
41 (or its successors and assigns, as appropriate) stating that the
42 Property (or a specified Parcel of the Property, if the Property
43 consists of Parcels) is being used for other than Permitted Uses
44 and a period of ninety (90) days shall have lapsed from the date
45 of such notice without Grantee's (or its successors' and
46 assigns', as appropriate) having resumed use of the Property for
47 Permitted Uses.
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49 Upon completion of the initial or any subsequent work by
50 Central Arkansas Water, Central Arkansas Water shall backfill
[PAGE 4 OF 7]
Resolution
CAW Easement - waterline
premises in a clean sanitary condition. If the initial or any
subsequent work by Central Arkansas Water damages any fence,
curb, or paved surface upon the rights -of -way, Central Arkansas
Water, 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 GRANTOR the
right to connect to or receive service from any Central Arkansas
Water 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 Property, rights and privileges
unto GRANTEE, and unto its successors and assigns for so long as
said Property shall be used for Permitted Uses, and subject to a
possibility of reverter of the Property thereof to Grantor, its
successors and assigns, in the event or at such time as said
Property shall cease to be used for Permitted Uses.
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
Property 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 Property, easements
and rights.
WITNESS my hand this o22
est:
day of u tkS- 2009.
CITY OF LITTLE ROCK
FOR THE USE AND BENEFIT OF THE
LITTLE ROCK SAN, TARY SEWER
COMMITTEE
By:
Mark Stodola, Mayor
, Acting City Clerk
(SEAL)
ACKNOWLEDGMENT
STATE OF ARKANSAS )
) SS.
COUNTY OF PULASKI )
On this day personally
Notary Public within and for
qualified, commissioned an(
Langley, to me well known wh,
Acting City Clerk of Lit
pursuant to the laws of th
authorized in their resp(
foregoing easement for and
municipality, and further st
so signed, executed and
consideration,
appeared before the undersigned, a
the County and State aforesaid, duly
acting, Mark Stodola and Susan
stated that they were the Mayor and
le Rock, a municipality existing
State of Arkansas, and were duly
:�tive capacities to execute the
in the name and behalf of said
ited and acknowledged that they had
delivered said easement for the
uses and purposes therein mentioned and set forth.
WITNESS my hand and official seal on this o2(j day of
2009.
&J'�L 0- 4!aE �
Notary Pu is
M Commission Expires:
JUDITH C. HUTCHISON
PULASKI COUNTY
NOTARY PUBLIC - ARKANSAS
y es e
No. 12971827