3278 •
RESOLUTION NO. 3 ,278
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 AND LIGHT COMPANY, GRANTING IT
AUTHORITY TO CONSTRUCT AND MAINTAIN AN ELECTRIC
TRANSMISSION LINE ON CERTAIN LANDS BELONGING TO
THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES.
WHEREAS, Arkansas Power and 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 Municipal Water Works,
which has agreed that the permit hereinafter described may be
granted; and
WHEREAS, Arkansas Power and Light Company is willing to pay
the sum of $16, 000.00 for said right of way permit, which
consideration is hereby found to be fair and just compensation;
Now, Therefore ,
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS:
Section 1. That, on behalf of the City of Little Rock, the
Mayor and City Clerk of said municipality are hereby authorized
and directed to execute the right of way permit for the
consideration aforesaid, which permit shall be in form and
substance substantially as follows:
0
0
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 Sixteen Thousand and no/100
Dollars ($16, 000.00) and other good and valuable consideration
paid by the Grantee to the Board of Commissioners of the Little
Rock Municipal Water Works, the receipt and sufficiency of which
is hereby acknowledged, does hereby grant and convey unto the
Arkansas Power and Light Company, an Arkansas corporation, here-
inafter called Grantee, and unto its successors and assigns, the
right, privilege and easement to build and maintain over, upon
and across the lands hereinafter described one single line of
poles with necessary guys and supports upon which may be strung
wires and cables for the transmission of electric current and
for such other uses as may be necessary to the business of the
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,
maintenance and operation thereof, with the right to clear and
keep clear a right of way eighty (80) 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:
That part of the Southwest Quarter Southwest Quarter
(SA SA) Section 33, Township 2 North, Range 12 West,
more particularly described as follows: BEGINNING at
the northwest corner of the Southwest Quarter Southwest
Quarter (SA SW4) ; thence South 970 feet ; thence East
50 feet; thence South 15 feet; thence East 550 feet;
thence South 335 feet; thence East 720 feet; thence
North 1, 322 feet; thence West 449 .7 feet; thence South
24 degrees 44 minutes West 100.6 feet to north line of
Highway 10 ; thence northwesterly on Highway to its
intersection with the north line of Southwest Quarter
Southwest Quarter (SA SA) ; thence West on north line
391. 1 feet to the point of beginning.
And that part of the Southeast Quarter Southeast Quarter
(SE4 SE4) Section 32, Township 2 North, Range 12 West,
more particularly described as follows: BEGINNING at
the northwest corner of Southeast Quarter Southeast
Quarter (SE4 SE4) ; thence South 819 feet ; thence East
370 feet; thence South 151 feet ; thence East 952. 3 feet;
4 thence North 970 feet; thence West 1, 322 . 3 feet to the
point of beginning.
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The 80 foot wide right of way, being 40 feet on each side of
a centerline more particularly described as follows:
BEGINNING at a point on the west line of the Southeast
Quarter of the Southeast Quarter (SE4 SE4) of Section
32, Township 2 North, Range 12 West, 40 feet, more or
less, south of the northwest corner; thence North 85
degrees 56 minutes East parallel to and 40 feet south
of the north line of said quarter-quarter section,
1, 186.4 feet, more or less; thence South 4 degrees 04
minutes East, 473 .5 feet, more or less ; thence South
80 degrees 32 minutes East, 811.6 feet, more or less;
thence South 50 degrees 17 minutes East 858.5 feet , more
or less, to a point of termination on the south line
of the Southwest Quarter of the Southwest Quarter
(SA SA) of Section 33, 54 feet, more or less, west
of the southeast corner.
The following items are included in this settlement: Use of
the right of way and timber damage. Said Grantee agrees that
it will pay other damages not included in the above settlement
inflicted by it in the construction and maintenance of said line.
The sum of such other damages may be determined by mutual agreement
and when same are not mutually agreed upon by the Board of
Commissioners of the Little Rock Municipal Water Works and the
Grantee, then said damages shall be ascertained and determined by
three disinterested persons, one of whom shall be designated by the
Board of Commissioners of the Little Rock Municipal Water Works,
one by the 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.
The lands herein described are also used by the Little Rock
Municipal Water Works for waterworks purposes and radio antennae
are situated on the premises for the use of several municipal
departments. Therefore, the Grantee shall not install any pole,
guy wire or support within ten (10) feet horizontally of any water
line, valve box or waste drain existing on the date of this
permit ; the Grantee shall not permit any wire carrying electricity
to be closer than twenty five (25) feet to the surface of the
ground; the Grantee ' s facilities shall be constructed so as not
to interfere with the use and maintenance of an existing waterworks
power line extending from the waterworks facilities to State
Highway No. 10 ; the Grantee shall take whatever protective measures
are required to insure that the existence and use of its
facilities will not interfere with the sending or receiving of
messages through radio antennae and equipment situated on adjacent
property of the Water Works; the right is reserved to the Little
Rock Municipal Water Works and the Grantor, its successors and
assigns , to install additional waterworks facilities along, upon
and across the aforesaid right of way, but said additional
facilities shall be constructed so as not to interfere with the
facilities of the Grantee existing at the time of said additional
waterworks construction; and the right is also reserved to the
same parties to use said right of way for any other purpose not
inconsistent with the rights herein given to Grantee. If Grantee
shall ever permanently abandon its use of the right of way for
the purposes herein stated, the right of way shall revert to the
Grantors , its successors or assigns.
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IN TESTIMONY WHEREOF, the name of the City of Little Rock,
Arkansas, is hereunto affixed by its Mayor and its seal affixed
by its City Clerk, this day of , 1965 .
CITY OF LITTLE ROCK, ARKANSAS
By
Mayor
ATTEST:
City Clerk
(Seal)
Section 2 . That this resolution shall take effect and be in
force from and after its adoption.
ADOPTED: February 1 , 1965 .
APPROVED:
ATTEST: �/ ��i /..
MAYOR C
City Clerk
(Seal)
I
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