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2842 RESOLUTION NO . 2,842 A RESOLUTION GRANTING THE ARKANSAS POWER & LIGHT COMPANY AN EASEMENT AND RIGHT OF WAY OVER, UPON, ACROSS AND UNDERNEATH CERTAIN LANDS OWNED BY THE CITY OF LITTLE ROCK AND LEASED TO JACUZZI BROS . , INC. , IN PULASKI COUNTY, ARKANSAS; AND FOR OTHER PURPOSES . WHEREAS , the Jacuzzi Bros . Plant must be served with electricity; and WHEREAS, the Arkansas Power & Light Company demands an easement over, across and under certain lands owned by the City of Little Rock upon which the Jacuzzi Plant will be situ- ated; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The Arkansas Power & Light Company of Little Rock, Arkansas, is hereby given an easement and right of way over, upon, across and underneath certain lands owned by the City of Little Rock and situated in Pulaski County, Arkansas, for the purpose of extending service to Jacuzzi Bros . , Inc . , who is now in the process of constructing improvements on said lands . Said easement and right of way shall be in words and form as follows : 4 EASEMENT AND RIGHT-OF-WAY KNOW ALL MEN BY THESE PRESENTS: That City of Little Rock, Arkansas, by its Mayor, duly authorized by Resolution No. passed and approved by its Board of Directors on the day of , 1962, and Union National Bank of Little Rock, by its Vice President and Trust Officer, duly authorized by its Board of Directors and to the extent of its interest as Trustee and Mortgagee under a certain Trust Indenture executed by the City of Little Rock on August 1, 1961 and recorded in the Pulaski County Recorder's Office in Mortgage Book 867 at Pages 394-470 in- clusive, and Jacuzzi Bros., Inc ., by its President or Vice President, duly authorized by its Board of Directors and to the extent of its interest as Lessee under a certain Lease Agreement executed by the City of Little Rock on November 1, 1961 and recorded in the Pulaski County Recorder's Office in Mortgage Book 867 at Pages 335-393 inclusive, hereinafter referred to as Grantors, for and in consideration of the sum of ONE DOLLAR ($1.00) and other valuable considerations paid by Arkansas Power & Light Company, and the receipt of which is acknowledged, do hereby grant and convey - (each Grantor to the extent of its separate interest in and to the lands hereinafter described) - unto the said Arkansas Power & Light Company and unto its successors or assigns, hereinafter referred to as Grantee, the right, privilege, authority, easement and right-of-way to construct, reconstruct, remove, replace, maintain, inspect and operate over, upon, across and underneath the easements and rights-of-way hereinafter described, circuits, conductors, poles, fixtures, guys and anchors, duct lines, transformers and other necessary equipment and facilities for the purposes of transmitting and distributing electric current and supplying electric services. The rights hereby conferred provide for the privilege and authority to enter upon the said easements and rights-of-way at any and all times for the purpose herein set forth, and the further right to maintain adequate, sufficient and required clearances between the electric circuits, facilities and equipment of the Grantee and other objects, growths and trees situated upon the lands of the Grantors. The easements and rights-of-way herein referred to are situated on the lands of the Grantors in Pulaski County, Arkansas, and are described as follows, to-wit: The east 12' of the north 250' lying adjacent to, parallel with and west of the west right-of-way line of County Road presently known as Vimy Ridge Road; the north 12' lying adjacent to, south of and parallel with the south right-of- way line of Interstate Highway No. 30, provided, however, that Grantee will not erect and maintain its pole structures within the limits of this easement and right-of-way but is authorized to install and maintain down guys and anchors within the limits of the said easement and right-of-way; the west 24'; a space 40' square in the southwest corner; and the south 24' of the west 720', all situated in and upon Grantor's lands described as follows: A part of the North Half of the Southeast Quarter (Ni SE,D of Section 8, Township 1 South, Range 13 West, Pulaski County, Arkansas, more particularly described as follows: Beginning at the Southeast Corner of the Northeast Quarter (NEt) of the Southeast Quarter (SE,i—,) of Section 8, Township 1 South, Range 13 West, thence North along the East line of said Section 8, 430.6 feet; thence South 82 degrees 50 minutes West 1258.3 feet to the point of beginning proper) said point being on the North right-of-way line of railroad; thence along the said right-of-way line South 82 degrees 50 minutes West 1217.9 feet to a point; thence North 2 degrees 45 minutes West 630 feet to a point on the South right-of-way line of Interstate Highway #30; thence in a Northeasterly direction along the South right-of-way line of said Highway 1249 .6 feet to a point; thence South 2 degrees 45 minutes East 794 feet to a point, said point being the point of beginning proper, containing 20 acres, more or less; and A tract of land in the East Half (E2) of Section 8, Township 1 South, Range 13 West, Pulaski County, Arkansas, more particularly described as: Starting at the Southeast Corner of Section 8, Township 1 South, Range 13 West, Pulaski County, Arkansas; thence North along the section line between Sections 8 and 9, 1799.3 feet to a point at the intersection of the north right-of-way line for the Missouri Pacific Railroad and said section line; thence South 80 degrees 54 minutes West along said North right-of-way line for the Missouri Pacific Railroad 30.0 feet to the point of beginning; thence continue South 80 degrees 54 minutes West along said right-of-way line 1228.3 feet to a point; thence North 4 degrees 44 minutes West 794.1 feet to a point on the South right-of-way line for U. S. Highway No. 67; thence Northeasterly along a 3970.0 feet radius curve to the left 996.5 feet to a point on the West right-of-way line for the new county road (to Vimy Ridge); thence South 39 degrees 05 minutes East along said West right-of-way line 497.5 feet to a point; thence continue Southeasterly along a 352 .0 foot radius curve to the right and along said West right-of-way line 240.0 feet to a point; thence continue South along said West right-of-way line 468.41 feet to the point of beginning, containing 26.470 acres, more or less. For the original construction of its pole lines and circuits, the Grantee is authorized to cut and remove growths, trees and objects located upon the lands of the Grantors which will conflict with the location, construction and operation of the said electric circuits. Grantee shall have the right to authorize the company supplying telephone and communication service in this area to erect and own poles and pole lines in the easements and rights-of-way hereinabove granted to the Grantee for the joint use of both companies. Grantee shall have the right to permit the use of its poles and pole lines within the said easements and rights-of-way by the company supplying telephone and communication service in this area. - 2 - Grantors, their successors or assigns, reserve the right to use the land space within the easements and rights-of-way hereinabove granted and the lands adjacent thereto for any lawful purpose which will not conflict with the rights, privileges and authority hereinabove granted to the Grantee. Should the Grantee, its successors or assigns, permanently abandon the use of the said easements and rights-of-way hereinabove granted to the Grantee or any parts thereof, the same shall revert to the Grantors or their successors or assigns. IN WITNESS WHEREOF, the City of Little Rock, Arkansas has caused its corporate name to be affixed hereto and this instrument executed by its Mayor and attested by its City Clerk this day of , 1962, and Union National Bank of Little Rock has caused its corporate name to be affixed hereto by its Vice President and Trust Officer and attested by its Secretary or Cashier this day of , 1962, and Jacuzzi Bros., Inc . has caused its corporate name to be affixed hereto and this instrument executed by its President or Vice President and attested by its Secretary or Assistant Secretary this day of , 1962. ATTEST: CITY OF LITTLE ROCK, ARKANSAS By Pauline Beeson, City Clerk Werner C. Knoop, Mayor ATTEST: UNION NATIONAL BANK OF LITTLE ROCK By J. H. Bowen, Vice Pres. and Trust Officer ATTEST: JACUZZI BROS•, INC . By President or Vice President - 3 - ACKNOWLEDGMENT STATE OF ARKANSAS) SS. COUNTY OF PULASKI) ON THIS day of , 1962, before me, a Notary Public, duly commissioned, qualified and acting within and for the State and County aforesaid, appeared in person the within named Werner C. Knoop, to me personally well known, who stated that he is the duly elected, qualified and acting Mayor of the City of Little Rock, Arkansas, and was duly authorized in his official capacity as such Mayor to execute the foregoing instrument for, in the name of and on behalf of the City of Little Rock, Arkansas, and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of , 1962 . Notary Public ACKNOWLEDGMENT STATE OF ARKANSAS) SS. COUNTY OF PULASKI) ON THIS day of , 1962, before me, a Notary Public, duly commissioned, qualified and acting within and for the State and County aforesaid, appeared in person the within named J. H. Bowen, to me personally well known, who stated that he is the Vice President and Trust Officer of Union National Bank of Little Rock and was duly authorized in his capacity as such Vice President and Trust Officer to execute the foregoing instrument for, in the name of and on behalf of the said Union National Bank of Little Rock and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of , 1962 . Notary Public - 4 - ACKNOWLEDGMENT STATE OF CALIFORNIA) SS. COUNTY OF ) ON THIS day of , 1962, before me, a Notary Public, duly commissioned, qualified and acting within and for the State and County aforesaid, appeared in person the within named , to me personally well known, who stated that he is the President or Vice President of Jacuzzi Bros ., Inc . and was duly authorized in his capacity as such President or Vice President to execute the foregoing instrument for, in the name of and on behalf of the said Jacuzzi Bros ., Inc ., and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of , 1962. Notary Public Prepared by Arkansas Power & Light Company N R. Rusk - 3/28/62 Approved by --5-- SECTION 2. The Mayor and City Clerk are hereby authorized and directed to execute the Easement and Right of Way set forth in Section 1 hereinabove. SECTION 3 . This resolution shall be in full force and effect from and after its adoption . ADOPTED: May 7, 1962 ATTEST(1,—m APPROVED: City Clerk M y .