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.
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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
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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
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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
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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 .