2405 s
RESOLUTION NO . 2405
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK
TO ENTER INTO AND EXECUTE A RIGHT-OF-WAY EASEMENT ON BEHALF OF
THE CITY OF LITTLE ROCK FOR CERTAIN PROPERTY HEREINAFTER DESCRIBED,
OWNED BY THE CITY, TO ARKANSAS POWER & LIGHT COMPANY FOR A CON-
SIDERATION OF FOUR HUNDRED FIFTY AND NO/100 DOLLARS ($450 .00) ; AND
FOR OTHER PURPOSES .
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,
ARKANSAS:
SECTION 1. The Mayor and City Clerk are hereby authorized and
directed to enter into and execute a Right-Of-Way Easement on behalf
of the City of Little Rock for certain property hereinafter described,
owned by the City, to Arkansas Power & Light Company, which Right-Of-Way
Easement shall be in form and words as follows:
RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That the City of Little Rock, Arkansas, a municipal corporation,
acting by and through its Mayor and City Clerk, pursuant to the pro-
visions of Resolution No.
hereinafter called Grantor
for and in consideration of the sum of Four Hundred Fifty and No/100
Dollars ($450.00) , and other good and valuable consideration , paid by
the ARKANSAS POWER & LIGHT COMPANY, the receipt and sufficiency of which
is hereby acknowledged, does hereby grant and convey unto the said
Arkansas Power & Light Company, an Arkansas corporation , hereinafter
called Grantee, and unto its successors and assigns , the right , privi-
lege and easement to build and maintain over, upon and across the land
hereinafter described one double line of poles with necessary guys and
supports upon which may be strung wires and cables for the transmission
of electric current and for such other uses as may be necessary to the
business of Grantee, its successors and assigns. The rights hereby con-
ferred provide for the privilege and authority to enter upon said lands
for the purpose of constructing and building said pole line, maintenance
and operation thereof , with the right to clear and keep clear a right of
way, one hundred feet in width, and to remove all other timber and ob-
structions that may interfere with the use of said line or that may or
might be a hazard to the use of the same, and for the repairing, recon-
structing, operating and the removing of same at any and all times.
The said right of way hereby conferred shall be upon and across the
following lands located and situated in Pulaski County, Arkansas,to-wit:
The North Half (A)
Northeast Quarter (NEB) Northwest Quarter (NWT)
Section 22, Township 1 North, Range 12 West , said right of way ex-
tending 50 feet on each side of a centerNortheast Quartero(NF,�) en-
tirely within the said North Half (NO) ,
Northwest Quarter (NWk) Section 22 , Township 1 North, Range 12 West,
and being more particularly described as follows: BEGINNING at a
point on the east line of said North Half (N1/2)
Northeast Quarter (NEB)
Northwest Quarter (NWT) Section 22, 250.9 feet, North of the Southeast
corner; thence South 73 degrees 47 minutes West 793 .4 feet , more or
less, to a point of TERMINATION on the South line of said North Half l
(N11)) Northeast �varter (NEB)
Northwest Quarter (1/Wk) Section 22, 9 .7
feet, more or less, West of the Southeast corner of said North Half (N1
Northeast Quarter (NFL) Northwest Quarter (NW's) Section 22; subject
to the existing easements for Highway No. 167 , a water line and an
electric distribution line;
and the right of free ingress and egress over adjacent lands to or from
said right of way is hereby conferred upon said Grantee , its successors
and assigns at any time for the purposes recited herein .
The following items are included in this settlement : Value of use
of Right of Way and Timber Damage. Said Grantee agrees that it will
pay other damages not included in above settlement inflicted by it in the
construction and maintenance of said line .
The sum of all damages may be determined by mutual agreement and when
same are not mutually agreed upon by Grantor and Grantee , then said damages
shall be ascertained and determined by three disinterested persons, one of
whom to be designated by the Grantor herein, its successors and assigns,
one by Grantee, its successors and assigns, and the third by the two so
appointed, and the unanimously agreed award of such three persons shall be
final and conclusive of all such damage.
_t is especially understood and agreed that the said line and right of
way shall never be fenced by Grantee and the Grantor shall have full and
free use of said right of way except for the purposes herein stated; and
the right to farm and cultivate and otherwise use said right of way by the
Grantor, except for the purposes herein granted to the Grantee, is especially
reserved, and if the Grantee should ever permanently abandon the use of said
right of way for the purposes herein conveyed it shall revert to the Grantor,
its successors and assigns.
IN WITNESS WHEREOF, the City of Little Rock, a municipal corporation ,
has caused these presents to be signed by its mayor, its clerk and its cor-
porate seal to be herewith affixed, all in accordance with and pursuant to
a resolution of its City Board of Directors , duly and regularly adopted,
a copy of which is hereto attached and made a part hereof this
day of 1959 .
CITY OF LITTLE ROCK, ARKANSAS
W. C. Knoop , Mayor
Pauline G. Beeson, City Clerk
ACKNOWLEDGEMENT
STATE OF ARKANSAS)
) ss .
COUNTY OF PULASKI)
On this day personally appeared before me the undersigned, a Notary
Public within and for the County and State aforesaid, duly qualified
and acting Werner C. Knoop and Pauline G . Beeson , to me well known as
the Mayor and City Clerk respectively, and stated that they had executed
the foregoing Right-Of-Way Easement pursuant to provisions of Resolution
No. for the consideration and purposes therein mentioned
and set forth.
WITNESS my hand and official seal this day of
, 1959 .
Notary Public
My commission expires:
SECTION 2. The Right-Of-Way easement authorized in Section 1 hereof
shall not be granted until payment of the amount of Four Hundred Fifty
and No/100 Dollars ($450.00) has been made to the City of Little Rock
by the Arkansas Power & Light Company.
SECTION 3 . This resolution shall be in full force and effect from
and after its adoption.
ADOPTED: August 17, 1959
ATTEST: APPROVED:
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