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11454ORDINANCE NO. 11,454 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY SITUATED IN PULASKI COUNTY, ARKANSAS, WITH PURCHASE PRICE TO BE PAID TO BOARD OF COMMISSIONERS OF LITTLE ROCK MUNICIPAL WATER WORKS WHEREAS, the Board of Commissioners of the Little Rock Municipal Water Works has requested the Board of Directors of the City of Little Rock, Arkansas, to approve the sale of the hereinafter described real property held in the name of the City of Little Rock; and WHEREAS, the said Board of Commissioners has determined that a sale of said lands, with an easement reserved for waterworks purposes as hereinafter set out, will have no detrimental effect upon the Little Rock Municipal Water Works' use of its right of way and that a sale upon the terms and conditions herein set forth will be to the best interest of the City of Little Rock; and WHEREAS, the Board of Directors of the City of Little Rock concurs in said determination; Now, Therefore, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. That the Mayor and City Clerk of Little Rock, Arkansas, be, and they are hereby, authorized and directed to execute a quitclaim deed on behalf of the City of Little Rock, Arkansas, conveying to Biscayne Corporation the following described real property situated in Pulaski County, Arkansas, to -wit: A strip of land fifty feet in width through the SEk of the NE'k of Section 35, Township 2 North, Range 13 West, being twenty feet on the North side and thirty feet on the South side of the center line of Grantor's water pipe line, said center ccc -31 F -13 line being described as follows; Commence at the Southwest corner of said SEk of the NEk and run thence South 86 degrees 46 minutes East 315.5 feet to the point of beginning on the South line of said SEk of the NE4; thence North 30 degrees 46 minutes West 583.5 feet to a point on the West line of said SEk of the NEk which is North 1 degree 57 minutes East 483.8 feet from the.Southwest corner thereof, reserving, nevertheless, to the City of Little Rock, Arkansas, for the use and benefit of the Little Rock Municipal Water Works, its successors and assigns, a perpetual right, privilege and easement for the purpose of laying, constructing, maintaining, repairing, replacing, testing and inspecting water mains, whether one or more, and appurtenances thereto, now and at different times in the future. No public utility facilities other than those belonging to the Little Rock Municipal Water Works may be placed upon the lands herein conveyed and covered by this easement except through permission first obtained in writing from the Little Rock Municipal Water Works, and no subsequent dedication of this property by Biscayne Corporation, its successors or assigns, shall be effective to defeat this restriction. No building may be constructed upon the lands subject to this easement; if Biscayne Corporation, its successors or assigns, will first obtain approval of the Little Rock Municipal Water Works concerning minimum soil coverage over waterworks facilities, fencing, driveways and walks may be constructed upon the lands subject to this easement; but provided, further, that neither the Board of Water Works Commissioners of the City of Little Rock nor the City of Little Rock shall be liable for any damage done to the land or any improvements within said strip as a result of exercising the rights herein - 2 - reserved now or in the future, even though said improvements may be constructed with the Water Works' approval, as aforesaid. Said conveyance shall be for a consideration of $1,050.00 and other good and valuable consideration payable to the Board of Commissioners of the Little Rock Municipal Water Works. Section 2. That this ordinance shall take effect and be in force from and after its passage. PASSED: January _ 6 , 1964. ATTEST: City Clerk APPROVED: ., a , W. Mayor - 3 -