3087 RESOLUTION NG. 3,087
A RESOLUTION AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK OF THE CITY OF LITTLE
ROCK, ARKANSAS , TO EXECUTE A RIGHT OF WAY
PERMIT TO ARKANSAS POWER & LIGHT COMPANY,
GRANTING IT AUTHORITY TO CONSTRUCT AND
MAINTAIN AN ELECTRIC TRANSMISSION LINE
ON CERTAIN LANDS BELONGING TO THE CITY
OF LITTLE ROCK, ARKANSAS; AND FOR OTHER
PURPOSES .
WHEREAS , Arkansas Power & Light Company , desires
to erect, operate and maintain an electric transmission
line across certain lands belonging to the City of
Little Rock, Arkansas , for the purpose of expanding
and improving its services to residents of the City of
Little Rock and other persons; and
WHEREAS , said lands are owned by the City of
Little Rock for the use and benefit of the Little Rock
Water Commission, which Commission has determined that
such transmission line will not interfere with the
City's use of such lands; and
WHEREAS , the City of Little Rock will benefit from
the granting of such right of way by reason of improved
services to her residents; and
WHEREAS , Arkansas Power & Light Company is willing
to pay the sum of $1 ,969.54 for and in consideration of
the right of way , together with the easements , rights
and privileges contained in said right of way permit,
which consideration is hereby found to be a fair and
just compensation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
Section 1. That the Board of Directors of the
City of Little Rock, Arkansas , acting by and through
the Mayor and City Clerk of said City, shall execute
said right of way permit for the above consideration,
which right of way permit in form is substantially as
follows :
"RIGHT OF WAY PERMIT
"KNOW ALL MEN BY THESE PRESENTS : That the City of
Little Rock, Arkansas , a municipal corporation , through
its Mayor and City Clerk, properly authorized by its
Board of Directors , hereinafter called Grantor for and
in consideration of the sum of One Thousand Nine Hundred
Sixty Nine and 54/100 Dollars ($1,969 .54) , and other
good and valuable consideration, paid by the Arkansas
Power & Liguit Company to Little Rock Municipal Water
Works , 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, privilege 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 trans-
mission of electric current and for such other uses as
may be necessary to the business of Grantee , its successors
and assigns . The rights hereby conferred provide for the
privilege and authority to enter upon said lands for the
purpose of constructing and building said pole line , main-
tenance and operation thereof, with the right to clear and
keep clear a right of way , One Hundred (100) feet in width,
and to remove all other timber and obstructions 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,
reconstructing , operating and the removing of same at any
and all times .
"The said right of way hereby conferred shall be
at or near the pole line as staked or indicated, over ,
upon and across the following lands located and situated
in Pulaski County , Arkansas , to-wit :
East half of northeast quarter and north-
east quarter of southeast quarter of Sec-
tion 26 ; southwest quarter of northwest
quarter , northwest quarter of southwest
quarter , north half of southwest quarter
of southwest quarter , and east half of
southwest quarter of Section 25 ; all in
township three (3) north, range sixteen
(16) west.
"The following items are included in this settle-
ment: Use of right of way and timber damage . Merchantable
timber shall be cut into best lengths and grantor may at
its option salvage such timber. 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 .
"lt 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 TESTIMONY WHEREOF , the name of the Grantor is
hereunto affixed by its Mayor and its seal affixed by its
City Clerk, this day of
1963 .
CITY OF LITTLE ROCK, ARKANSAS
ATTEST: By
mayor
City Clerk"
Section 2. The Mayor and City Clerk of the City
of Little Rock, Arkansas , are hereby authorized and
directed to execute a right of way permit, for the con-
sideration of $1,969 .54, in substantially the same form
as the one set out above to accomplish the purpose of this
kesolution.
Section 3. That upon proper execution and acknow-
legment of said instrument and the filing of the same in
. _. . . M .
the office of the Recorder of Pulaski County, Arkansas,
the easements , rights and privileges contained in said
instrument snall vest in Arkansas Power & Light Company .
Section 4. It is hereby found and determined that
the consideration of $1,969 .54 is a good and fair con-
sideration for said right of way permit, that the uses of
said easement will not interfere with the City's use of
said property and that the welfare of the City will be
enhanced and promoted by the operation of said transmission
line for which the right of way is granted.
APPROVED:
o
C)
c.-
4MAY O ...,,..._.._....„ /„L„.___c_._.____
ADOPTED:
November 18, 1963
ATTEST:
—13_41,:sd IP. te_e..to-341
CITY CLERK