2875 - f
RESOLUTION N0. 2,875
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN INSTRUMENT GRANTING THE U. S . DEPARTMENT
OF THE ARMY, CORPS OF ENGINEERS, A RIGHT OF ENTRY FOR
CONSTRUCTION ALONG CERTAIN PROPERTY ADJACENT TO THE
ARKANSAS RIVER; AND FOR OTHER PURPOSES.
WHEREAS, the Corps of Engineers, Department of the Army,
is desirous of performing certain channel improvement works
in the vicinity of certain City owned land adjacent to the
Arkansas River; and
WHEREAS, it is in the best interest of the City of Little
Rock that such improvement works be authorized; and
WHEREAS, the Corps of Engineers, Department of the Army,
requires a Right of Entry for Construction to be executed by
the City before commencement of said work;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The Mayor and City Clerk of the City of Little
Rock are hereby authorized and directed to sign and execute a
certain instrument described in section 2 hereof, which in-
strument grants to the Department of the Army, Corps of Engineers,
the right to enter upon the lands described in said instrument
in order to perform construction work of any nature in connection
with the river improvement program, including the right of ingress
and egress on other lands of the City not described therein, with-
in a period of twelve (12) months from the date of this instru-
ment.
SECTION 2 . The Right of Entry for Construction, which the
Mayor and City Clerk are authorized to execute on behalf of the
City, is in form and words as follows:
DEPARTMENT OF THE ARMY
RIGHT-OF-ENTRY FOR CONSTRUCTION
Utah Point, Arkansas River 120E
Project, Installation or Activity `bract lso. or Other Property Identification
Based on the representation that the District Engineer, U. S. Army
Engineer District, Little Rock, Arkansas, is authorized to perform cer-
tain channel improvement works in the vicinity of my land adjacent to the
Arkansas River, the undersigned, hereinafter called the "Owner", in con-
sideration of mutual benefits resulting from the channel improvement
program scheduled by said District Engineer (for river miles 169.9 to
166. ) hereby grants to the Government a permit or right-of-entry upon
the o owing terms and conditions:
1. The Owner hereby grants to the Government an irrevocable right
to enter upon the lands hereinafter described at any time within a period
of twelve (12) months from the date of this instrument, in order to per-
form construction work of any nature in connection with said river im-
provement program.
2. This permit includes the right of ingress and egress on other
lands of the Owner not described below, provided that such ingress and
egress is necessary and not otherwise conveniently available to the
Government.
3. All tools, equipment, buildings, improvements, and other property
taken upon or placed upon the land by the Government shall remain the
property of the Government and may be removed by the Government at any
time within a reasonable period after the expiration of this permit ar
right-of-entry.
k. The Government shall have the right to patrol and police the
lands hereinafter described during the period of this permit or right-
MP of-entry.
5. It is understood and agreed that the Government agrees to be
responsible for any damage arising from the activity of the Government
or its agents on said lands, in the exercise of rights under this permit
or right-of-entry, and shall repair such damages, or, in lieu thereof and
at the option of the Government, shall make a cash settlement with the
Owner.
IP . _
j
. 4111V Prior to the expiration of this permit or right-of-entry, the
ernment will attempt negotiations for a cash settlement with the
/1 Owner for any damages sustained by reason of the construction. In the
event a negotiated settlement is not effected within a 6-month period
from the date of termination of this instrument, the Owner may pursue
all legal rights for reimbursement.
The land affected by this permit or right-of-entry is located in
the County of Pulaski , State of Arkansas, and is described
as follows:
(See description attached.)
WITNESS MY HAND AND SEAL THIS DAY OF 19 .
CITY OF LITTLE ROCK
WITNESS: Bit (SEAL)
(SEAL)
2
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It: l
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Arkansas River Pulaski County, Arkansas
Utah Point Owner: City of Little Rock
River Mile 169.9 to 166.7 Acres: Perpetual Easement - 11.5
TRACT NO. 120E
(Perpetual Easement)
A tract of land situated in the county of Pulaski, State of Arkansas,
being a part of the Fractional SW* of Fractional Section 20, and a part of
the Fractional Ni of Fractional Section 29, and accretions thereto, right
bank of the Arkansas River, Township 2 North, Range 12 West of the Fifth
Principal Meridian, and being more particularly described as follows:
Beginning at a point on the east boundary of an existing
perpetual easement which is 1,650 feet east and 440 feet north
of the southwest corner of said Fractional Section 20; thence
south 840 east 190 feet to a point; thence south 57° east 950
feet to a point which is 2,620 feet east and 85 feet south of
said southwest corner of Fractional Section 20; thence north
40° east approximatel'r 720 feet to a point on the ordinary high-
water line, right bank of the Arkansas River; thence northwesterly
and upstream along the meanders of said ordinary high-water line
to a point on said east line of an existing perpetual easement;
thence south along said east line approximately 250 feet to the
point of beginning, and containing 11.5 acres, more or less.
26 .huge 1962
f
SECTION 3 . This resolution shall be in full force
and effect from and aster its adoption.
ADOPTED: July 20, 1962
ATTEST: (--7G c )APP ZOVED:
ee
City Clerk