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2284'"'141.1x RESOLUTION NO.2284 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO APPROVE AN AGREEMENT HERETOFORE ENTERED INTO BY THE LITTLE ROCK SANITARY SEWER COMMITTEE AND MARY H. R EQUA. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF LITTLE ROCK, ARKANSAS : Section 1. That the Mayor and City Clerk of the City of Little Rock, Arkansas , are hereby authorized and directed to approve on behalf of the City of Little Rock, Arkansas, the following agree- ment heretofore entered into by The Little Rock Sanitary sewer Committee and a certain property owner, Mary H. Requa: THIS AGREEMENT entered into this 27th day of October, 1958, by and between MARY H. REQUA, of Little -Rock, Arkansas , hereinafter referred to as "Owner" , and LITTLE ROCK SANITARY SEWER COMMITTEE, hereinafter referred to as "Committee" , WHEREAS Owner holds title to certain property located in Section 13 , Township 1 North, Range 13 West , Pulaski County, Arkansas , upon which is presently located a sanitary sewer line known as the Terry Line and which enters Owner ' s property near the teller' s window of First National Bank in Little Rock, Arkansas, and extends in a southeasterly direction across a part of the NE 111. SE 111. of Section 13 and emerges from said property om the east at the west right-of-way line of U. S. Highway 67-70, and WHEREAS Committee desires a twenty-foot (20) right-of-way for a trunk line sewer to cross Owner' s land in the SE 1/4 of the SE 1/14 of said Section 13, the center line of which is described as follows: Starting at the NW corner of the SE4 SE4, Section 13, Township 1 North, Range 13 West ; thence South along the West line of said SE4 SE4 279.5 feet to the point of beginning; thence South 75° 1.2' East 55.0 feet to a point ; thence South 611.° 02' East 31+.6.1 feet to a point; thence South 63° 09' East 370.0 feet to a point ; thence South 56 17' East 367.4 feet to a point on the East line of this property and also on the West right-of-way line of U. S . Highway No. 67-70 which is 536.0 feet North- easterly along said R/W line from the South line of said Section 13 , and the end of this easement. As a further part of the consideration herein Grantee hereby agrees to allow the Grantor, her heirs , represent- atives or assigns , to connect to the sewer main without the payment of any connection fee. and WHEREAS Owner plans in the future to develop the aforesaid property by constructing buildings at various places on said prop- erty, and the said sewer lines may interfere with such proposed l..-y construction and development, and, WHEREAS Owner is willing to grant a right-of-way along the line hereinabove described in said SE4 SE4 uppn payment by Com- mittee of the sum d' Four Hundred Dollars 3400.00) , together with certain undertakings of committee in connection with the relocation of said Terry Line and the construction of the new trunk line , -NOON, THER1 FOR'1 , it is agreed as follows : 1. Owner will execute a right-of-way easement to Committee across Owner' s property along the line set forth above. 2. Committee will pay to Owner the sum of Four Hundred Dollars (5400.00) cash upon the execution of said right-of-way easement. 3. If Owner at any time within twenty (20) years from the date of this instrument makes written demand upon Committee to relocate sewer any or all of the Terry sanitary ism line located on any of Owner' s landreferred to above, Committee will commence , within thirty ( 30) days after said notice, to relocate said line and to proceed for the completion thereof with all reaspnable diligence upon any other part of Owner' s property designated by her for which she will grant an easement free of charge. Upon the completion of the relocation of said Terry sewer line , the easement for that portion of the old Terry sewer line will be abandoned by Committee and the City of Little Rock, and title thereto will be divested from Committee and City of Little Rock and vested in Owner, her heirs , personal representatives or assigns . ).. Upon the relocation of that part of the said Terry sewer line requested by Owner to be relocated, Committee will continue to make provision for sewer service to said teller' s window of the First National Bank and to any other structur€S which in the mean time have been constructed upon Owner' s land and which require sewer service. Committee will also continue to maintain in its present location, that part of the Terry sewer line at the eastern boundary of Owner ' s property and which extends under U. S. Highway 67-70 in order adequately to serve any building which may be constructed upon Owner' s property on that part of her land. 5. Committee will permit Owner to build a building or other structure upon the easement granted by Owner to Commit 6ee for said trunk line sewer provided said construction complied with good engineering and construction practices and does not unduly inter- fere with the operation and maintenance of said sewer line . 6. Committee hereby agrees to permit Owner to connect to sewer line or lines free of charge for any buildings which may be con- structed upon Owner' s lands above mentioned within twenty (20) years from the d ate of ttis agreement. This Agreement and all parts thereof shall be binding upon the parties hereto, their heirs , personal representatives , successors and assigns. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 27th day of October, 1958. /s/ Mary H. Requa OWNER LITTLE ROCK SANITARY SLIVER COMMITTEE /s/ By - John M. Lofton, Ch. Section 2. This resolution shall become effective upon its adoption and approval. Adopted: January 19, 1959 Attest : Approved: �� City Clerk Mayo