118701 RESOLUTION NO. 11,870
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3 A RESOLUTION TO AUTHORIZE THE MAYOR AND THE
4 CITY CLERK TO GRANT A RIGHT -OF -WAY EASEMENT FOR
5 THE PURPOSE OF CONSTRUCTING A SEWER LINE OVER A
6 PORTION OF CERTAIN LAND OWNED BY THE CITY OF
7 LITTLE ROCK, LOCATED IN SECTION 16 TOWNSHIP 1
8 SOUTH RANGE 13 WEST, PULASKI COUNTY, ARKANSAS;
9 AND FOR OTHER PURPOSES.
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11 WHEREAS, it is necessary for Little Rock Wastewater Utility to construct certain
12 sewer lines and to acquire an additional easement over certain land owned by the City
13 of Little Rock, Arkansas, located in Section 16, Township 1 South, Range 13 West, in the
14 City of Little Rock, Arkansas.
15 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
16 THE CITY OF LITTLE ROCK, ARKANSAS:
17 Section 1. The Mayor and City Clerk are hereby authorized to execute the
18 necessary documents to grant a right -of -way easement to the City of Little Rock for the
19 use and benefit of the Little Rock Sanitary Sewer Committee for the purpose of
20 constructing a certain sewer line on land located in Section 16 Township 1 South Range
21 13 West, within the City of Little Rock. The right - of-way easement is attached hereto,
22 identified as Exhibit "A ".
23 Section 2. Severabiiity. In the event any title, section, paragraph, item, sentence,
24 clause, phrase, or word of this resolution is declared or adjudged to be invalid or
25 unconstitutional, such declaration or adjudication shall not affect the remaining
[PAGE 1 OF 21
Resolution
To Authaite ROW easement to LR Sanitary Sewer Committee
I RESOLUTION NO. 11,870
tj
3 A RESOLUTION TO AUTHORIZE THE MAYOR AND THE
4 CITY CLERK TO GRANT A RIGHT -OF -WAY EASEMENT FOR
5 THE PURPOSE OF CONSTRUCTING A SEWER LINE OVER A
6 PORTION OF CERTAIN LAND OWNED BY THE CITY OF
7 LITTLE ROCK, LOCATED IN SECTION 16 TOWNSHIP 1
8 SOUTH RANGE 13 WEST, PULASKI COUNTY, ARKANSAS;
9 AND FOR OTHER PURPOSES.
10
11 WHEREAS, it is necessary for Little Rock Wastewater Utility to construct certain
12 sewer lines and to acquire an additional easement over certain land owned by the City
13 of Little Rock, Arkansas, located in Section 16, Township 1 South, Range 13 West, in the
14 City of Little Rock, Arkansas.
15 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
16 THE CITY OF LITTLE ROCK, ARKANSAS:
17 Section 1. The Mayor and City Clerk are hereby authorized to execute the
18 necessary documents to grant a right -of -way easement to the City of Little Rock for the
19 use and benefit of the Little Rock Sanitary Sewer Committee for the purpose of
20 constructing a certain sewer line on land located in Section 16 Township 1 South Range
21 13 West, within the City of Little Rock. The right -of -way easement is attached hereto,
22 identified as Exhibit "A ".
23 Section 2. Severabiiity. In the event any title, section, paragraph, item, sentence,
24 clause, phrase, or word of this resolution is declared or adjudged to be invalid or
25 unconstitutional, such declaration or adjudication shall not affect the remaining
[PAGE 1 OF 21
It"aution
To authorize ROW eaeement to LR Sanitary Sewer Com aitttee
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portions of the resolution which shall remain in full force and effect as if the portion so
declared or adjudged invalid or unconstitutional was not originally a part of the
resolution.
Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that
are inconsistent with the provisions of this resolution, are hereby repealed to the extent
of such inconsistency.
ADOPTED: !Z O . 7 .2004
ATTEST: APPROVED: L
Nan Wood,/City Clerk
APPROVED AS TO FORM:
Thomas M. Carpenter, City Aorney
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Resolution
To authorize ROW easement to LR Sanitary Sewer Committee
[PAGE 2 OF 21
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Jim 'ley, Mayor
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A permanent sanitary easement 20 feet in width across a part
of the West' /2 of the East '/Z of the NE' /e of the NW'/ of
Section 16 Township 1 South Range 13 West, City of Little Rock, Pulaski
County, Arkansas, more particularly described as follows: A 20 foot wide
easement said easement being 10 feet on each side of a centerline more
particularly described to wit: Commencing at the Southwest corner of said
W' /z of the E'/z of the NE' /4 of the NW'/ of Section 16; thence N20
06'31 "E along the West line of said W % a distance of 292.08 feet to the
Point Of Beginning; thence S70 °34'31 "E a distance of 17.78 feet to a
point; thence S44 032'18 "E a distance of 404.03 feet to a point; thence
S43 °29'57 "E a distance of 2.00 feet to a point on the South Line of said W
1/2E '/z NE % NW '/4 of Section 16 and the termination point of this
easement, containing 0.20 acres more or less.
City of LR
Little Rock
Wastewater
Utility
1o:
Description:(1) A permanent 20 foot wide sanitary sewer easement said easement being 10 feet on each side of a centerline across a part of
the NW '/4 of the SE % and a part of the SW '/4 of the NE '/4 of Section 16 Township 1 South Range 13 West, City of Little Rock, Pulaski
County, Arkansas, more particularly described as follows: Commencing at the SW corner of the SW '/4 of the NE Y4 of said Section 16 thence
N2 °04'1 7 "E along the West line of said SW Y4 NE 1/4 a distance of 643.84 feet to a point said point being the Point Of Beginning; thence N68°
36'06 "E a distance of 182.50 feet to a point; thence S50 °20'27 "E a distance of 200.02 feet to a point; thence S50 °20'02 "E a distance of 415.92
feet to a point; thence S25 °46'1 1"E a distance of 504.48 feet to a point; thence S54 °45'32 "E a distance of 429.97 feet to a point; thence S54°
45'19 "E a distance of 72.65 feet to a point on the East line of the NW Y4 of the SE % of said Section 16 and the termination point of this
easement, containing 0.83 acres more or less.
Also
(2) A permanent 15 foot wide sanitary sewer easement said easement being 7.5 feet on each side of a centerline across a part of the NW Y4 of
the SE '/, of Section 16 Township 1 South Range 13 West, City of Little Rock, Pulaski County, Arkansas, more particularly described as
follows: Commencing at the NE corner of said NW 1/4 of the SE 1/4 of Section 16 thence S1059'53:W a distance of 100.68 feet along the East
line of said NW '/. of the SE Y4 of Section 16 to a point said point being the Point Of Beginning; thence S87 °14'42 "W a distance of 421.81 feet
to a point said point being the termination point of this easement, containing 6,328 square feet more or less.
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400 THIS PLAT IS FOR THE PURPOSE OF ACQUIRING A
SANITARY SEWER EASEMENT AND DOES NOT REPRESENT
A BOUNDARY SURVEY
Little Rock
Q Wastewater
utility
Vily VI LRUe KOCK IVVV I/4 UI JC 1/4 anu Part of
SW1 /4 of NE1 /4 Sec. 16 T1S R 13 W
SCALE
400 FVIn
DATE
10 -12 -2004
DRAWN BY
J. Mizell
JOB
REVISION
SHEET
3 -0304
1/1
1/1
RIGHT OF WAY EASEMENT
KNOW BY ALL MEN THAT PRESENT:
THAT the City of Little Rock, GRANTOR, a Municipality existing
pursuant to the laws of the State of Arkansas, organized under and
by virtue of the laws of the State of Arkansas, by its Mayor and
City Clerk, duly authorized by proper resolution of its Board of
Directors, for and in consideration of the sum of One Dollar
($1.00), and other valuable consideration paid by the Little Rock
Sanitary Sewer Committee, the receipt of which is hereby acknowl-
edged, do hereby, subject to prior recorded mortgages and
easements, if any, grant, bargain, sell and convey unto the City
of Little Rock, Arkansas, for the use and benefit of the Little
Rock Sanitary Sewer Committee, GRANTEE, and unto its successors
and assigns forever, the following described easement:
A PERMANENT RIGHT, PRIVILEGE AND EASEMENT for the purpose of
permitting the Little Rock Sanitary Sewer Committee and the Little
Rock Wastewater Utility to clear and keep clear the surface of the
right -of -way and (a) to lay, construct, own, operate, maintain,
repair, replace, reconstruct, test, inspect, permit construction
and maintenance of any connections thereto and add sewer mains and
sewer lines whether one or more, appurtenances thereto, including
those needed for automatic data measurement and transmission, now
and at different times in the future, and without the payment of
additional compensation therefore; (b) keeping the easement clear
of all buildings and other improvements of any kind; and (c)
having the right to free ingress and egress across adjacent
lands of the GRANTOR(S) to the lands hereinafter described.
Subject to prior easements of record and except as hereinafter
stated, the Little Rock Sanitary Sewer Committee shall have
the exclusive use of this right -of -way and easement; and the
GRANTOR(S) may hereinafter use the surface of the easement for
any purpose not inconsistent with the rights hereby conveyed, but
may not place a building, footing, wall, structure, or other
improvement upon the right -of -way except that, after the initial
sewer construction is completed, the GRANTOR(S) may pave the
easement surface and may use it for driveways, walks or parking
areas. The GRANTOR(S) may permit other utility service to cross
this easement at approximately right angles, but only if such
utilities first comply with whatever specifications the Little
Rock Sanitary Sewer Committee and the Little Rock Wastewater
Utility may designate at the time for the protection of its own
facilities. This permanent easement shall be upon the following
described lands situated in Pulaski County, Arkansas, to -wit:
-1-
A permanent 20 foot wide sanitary sewer easement, said easement
being 10 feet on each side of a centerline across a part of the NW
1/ of the SE 1/ and a part of the SW 1/ of the NE 1/ of Section 16
Township 1 South Range 13 West, City of Little Rock, Pulaski
County, Arkansas, more particularly described as follows:
Commencing at the SW corner of the SW 1/ of the NE 1/ of said
Section 16, thence N2 004'17 "E along the West line of said SW 1/ NE
1/ a distance of 643.84 feet to a point, said point being the Point
Of Beginning; thence N68 036'06 "E a distance of 182.50 feet to a
point; thence S50 020127 11E a distance of 200.02 feet to a point;
thence S50 020'02 "E a distance of 415.92 feet to a point; thence
S25 046'11 "E a distance of 504.48 feet to a point; thence
S54 045'32 "E a distance of 429.97 feet to a point; thence
S54 045119 "E a distance of 72.65 feet to a point on the East line
of the NW 1/ of the SE 1/ of said Section 16 and the termination
point of this easement, containing 0.83 acres, more or less.
Also,
A permanent 15 foot wide sanitary sewer easement, said easement
being 7.5 feet on each side of a centerline across a part of the
NW 1/ of the SE 1/ of Section 16 Township 1 South Range 13 West,
City of Little Rock, Pulaski County, Arkansas, more particularly
described as follows: Commencing at the NE corner of said NW 1/4 of
the SE 1/ of Section 16 thence S1 059'53 "W a distance of 100.68 feet
along the East line of said NW 1/ of the SE 1/ of Section 16 to a
point, said point being the Point Of Beginning; thence S87 014'42 "W
a distance of 421.81 feet to a point, said point being the
termination point of this easement, containing 6,328 square feet
more or less.
Upon completion of the initial or any subsequent work by the
Little Rock Sanitary Sewer Committee, the Little Rock Sanitary
Sewer Committee shall backfill and thoroughly compact all
excavations to minimize settling and shall level the surface over
its excavations and pipelines, remove all excess excavated
materials and debris and leave the premises in a clean sanitary
condition. If the initial cr any subsequent work by the Little
Rock Sanitary Sewer Committee damages any fence, curb or paved
surface upon the rights -of -way, the Little Rock Sanitary Sewer
Committee, at its expense, shall repair or replace the damaged
portion with materials of like quality and as nearly as possible
to its prior condition.
The execution of this easement does not give the GRANTOR(S) the
right to connect to or receive service from any sewer or
wastewater facility; the right to make connections and receive
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service shall be subject to the rules, regulations, policies or
ordinances in effect at the time of application.
To have and to hold said easements, rights and privileges unto the
GRANTEE, and unto its successors and assigns forever, for the
purposes aforesaid.
It is hereby understood by the parties hereto that in the event it
becomes necessary in the judgment of the City of Little Rock to
relocate the sewer line, manhole and appurtenances thereto, to be
located within the easement granted herein or such other easement
that GRANTOR(S) shall provide at no expense to GRANTEE, that the
Little Rock Sanitary Sewer Committee will bear the cost of all
such reasonable expenses incurred by the City which are directly
attributable to and arise out of the relocation.
And GRANTOR(S) covenants 'with GRANTEE, its successors and
assignees, that subject to prior recorded mortgages and easements,
if any, it will forever warrant and defend the title to said
easements and rights against the claims of all persons whomsoever
and that GRANTEE, its successors and assigns, shall have at all
times the quiet use of enjoyment of said easements and rights.
IN WITNESS WHEREOF, the name of the GRANTOR is hereunto affixed by
its Mayor and its seal affixed by its City Clerk, this
day of , 2004.
By:
Attest:
Nancy Wood, City Clerk
(Seal)
Jim Dailey, Mayor
-3-
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this day personally appeared before the undersigned, a
Notary Public within and for the County and State aforesaid, duly
qualified, commissioned and acting Jim Dailey and Nancy Wood, to
me well known who stated that they were the Mayor and City Clerk
of Little Rock, a municipality existing pursuant to the laws of
the State of Arkansas, and were duly authorized in their
respective capacities to execute the foregoing easement for and in
the name and behalf of said municipality, and further stated and
acknowledged that they had so signed, executed and delivered said
easement for the consideration, uses and purposes therein
mentioned and set forth.
WITNESS my hand and official seal on this day of
2004.
Notary Public
My Commission Expires:
(Seal)
-4-
Description:(1) A permanent 20 foot wide sanitary sewer easement said easement being 10 feet on each side of a centerline across a part of
the NW '/. of the SE % and a part of the SW '/, of the NE % of Section 16 Township 1 South Range 13 West, City of Little Rock, Pulaski
County, Arkansas, more particularly described as follows: Commencing at the SW corner of the SW '/, of the NE Y, of said Section 16 thence
N2'04'1 7"E along the West line of said SW '/. NE %, a distance of 643.84 feet to a point said point being the Point Of Beginning; thence N68°
36'06 "E a distance of 182.50 feet to a point; thence S50 °20'27 "E a distance of 200.02 feet to a point; thence S50 °20'02 "E a distance of 415.92
feet to a point; thence S25 °46'11 "E a distance of 504.48 feet to a point; thence S54 °45'32 "E a distance of 429.97 feet to a point; thence S54°
45'19 "E a distance of 72.65 feet to a point on the East line of the NW '/, of the SE'/, of said Section 16 and the termination point of this
easement, containing 0.83 acres more or less.
Also
(2) A permanent 15 foot wide sanitary sewer easement said easement being 7.5 feet on each side of a centerline across a part of the NW '/, of
the SE % of Section 16 Township 1 South Range 13 West, City of Little Rock, Pulaski County, Arkansas, more particularly described as
follows: Commencing at the NE corner of said NW 1/4 of the SE' /. of Section 16 thence S1 °59'53:W a distance of 100.68 feet along the East
line of said NW '% of the SE'/, of Section 16 to a point said point being the Point Of Beginning; thence S87 °14'42 "W a distance of 421.81 feet
to a point said point being the termination point of this easement, containing 6,328 square feet more or less.
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'N 0 400' THIS PLAT IS FOR THE PURPOSE OF ACQUIRING A
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A BOUNDARY SURVEY
E #3-0304 of Little Rock NW1/4 of SE1 /4 and part
1 /4 of NE 1/4 Sec. 16 TI R 13 W
Little Rock
O Wastewater In 10 -12- 2004 ,1. Mizell
Utility REVISION SHEET
1 /1 1/1