3587 RESOLUTION NO. 3,587
A RESOLUTION AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK OF THE CITY OF LITTLE
ROCK, ARKANSAS, TO JOIN WITH THE STADIUM
COMMISSION OF ARKANSAS IN THE EXECUTION OF
A RIGHT-OF-WAY AND EASEMENT TO ARKANSAS
POWER & LIGHT COMPANY, GRANTING ARKANSAS
POWER & LIGHT COMPANY AUTHORITY TO CONSTRUCT
AND MAINTAIN ELECTRIC FACILITIES ON AND
UNDER CERTAIN LANDS BELONGING TO THE CITY
OF LITTLE ROCK, ARKANSAS, TO SERVE WAR
MEMORIAL STADIUM.
WHEREAS, Arkansas Power & Light Company desires to install,
operate and maintain underground distribution lines, surface
mounted transformers and other related electric facilities
under and across certain lands belonging to the City of Little
Rock, Arkansas, and the Stadium Commission of Arkansas for the
purpose of improving its services to War Memorial Stadium and
residents of the City of Little Rock; and
WHEREAS, the City of Little Rock will benefit from the
granting of such right-of-way by reason of improved services
to its residents and others ; and
WHEREAS, Arkansas Power & Light Company is willing to pay
the sum of One Dollar ($1.00) for and in consideration of said
easements, with the rights and privileges contained in a Right-
of-Way and Easement, 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. The Mayor and City Clerk of the City of Little
Rock are hereby authorized and directed to execute a right-of-
way and easement running in favor of Arkansas Power & Light
Company for the consideration of One Dollar ($1.00) , which
right-of-way and easement is in form and substance as follows :
RIGHT-OF-WAY AND EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT City of Little Rock, Arkansas , by its Mayor, duly
authorized by Resolution No. , passed and approved
by its Board of Directors on the day of , 1966
and the Stadium Commission of Arkansas , by its Secretary and
Manager, hereinafter referred to as Grantors , for and in
consideration of the sum of ONE DOLLAR($ 1 .00) and other val -
uable consideration 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 the lands
hereinafter described, unto the said Arkansas Power & Light
Company and unto its successors or assigns , hereinafter re-
ferred to as Grantee, the right , privilege, and authority,
right-of-way and easement to construct , reconstruct, remove,
replace, maintain, inspect and operate underground electric
distribution circuits , upon , over, underneath and across the
lands of the Grantors , for the operating of electric utility
service to War Memorial Stadium.
The rights hereby conferred provide for the privilege and
authority to enter upon said lands and premises for the purposes
of maintaining, within the limits of the right-of-way and ease-
ment herein granted, the underground duct lines , underground
electrical circuits , reinforced concrete pads and transformer
station and for the repairing , reconstructing , replacing , main-
taining , operating and removing the said circuits , transformer
installation and equipment at any and all times .
The rights-of-way and easements herein granted shall be over ,
upon, underneath and across the lands of the Grantors and shall
be described as follows:
EASEMENT FOR UNDERGROUND FACILITIES
1 . Easement of necessary size and depth for the installation
and maintenance of underground electrical facilities
beginning at a point on the South right-of-way line of
West Markham Street 285 feet East of Jackson Street ,
thence Southeasterly 78 feet , thence South 140 feet ,
thence Southwesterly 427 feet to transformer pad , thence
parallel with the outside Stadium wall , from the East
side around the North end to the West side a distance of
770 feet .
2 . Beginning at a point on the East side of Fair Park Blvd . ,
72 feet South of Markham Street right-of-way, thence South
200 feet, thence Southwesterly 468 feet to transformer pad .
TRANSFORMER PADS
1 . An area eleven feet East and West and Twelve feet North
and South , which is three feet off the East wall .
2 . An area eleven feet East and West and twelve feet North
and South , which is three feet off the West wall .
Grantor covenants that it , its successors and assigns , will
not commit any act or acts nor permit the commission of any act
or acts which will interfere with or encroach upon Grantee ' s use
of the foregoing easement and right-of-way for the described pur-
poses and will not commit or permit the commission of any act or
acts which shall be an encroachment upon such easement and right-
of-way without first securing the written consent of the Grantee .
It is expressly understood and agreed by the Grantor herein
that all the installation made by and for the Grantee herein
upon, over, under and across the right-of-way and easement herein-
above described shall , at any and all times , be deemed to be the
personal property of the Grantee, notwithstanding the manner in
which Grantee ' s items of property are installed and attached to
the Grantor ' s lands . It is further expressly understood and agreed
that Grantee, its successors and assigns , have the right , at its
option, to remove the said items of personal property, or any
sections or parts thereof , when such items , sections , or parts
thereof are no longer necessary to serve the Grantor, the building
and any other facilities situated on Grantor ' s lands , at any time
free and clear of any claims and without interference of the
Grantor, its successors or assigns . The agreements stated herein
shall be binding upon the Grantor or any person, firm or corp-
oration acquiring title to or any interest in the lands and
improvements thereon from the said Grantor .
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 , 1966 , and Stadium Commission
of Arkansas , by its Secretary and Manager , this day of
, 1966 .
ATTEST CITY OF LITTLE ROCK, ARKANSAS
Pauline Beeson , City Clerk 1iaro d E . H on, Mayor
STADIUM COMMISSION OF ARKANSAS
By
Allen Berry, Secretary and
Manager
ACKNOWLEDGMENT
STATE OF ARKANSAS )
SS .
;QTY OF PULASKI )
ON THIS day of , 1966 , before me, a Notary Public,
duly commissioned , qualified and acting within and for the State and
County aforesaid, appeared in person the within named Harold E . Henson,
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 , 1966 .
Notary Public
ACKNOWLEDGMENT
STATE OF ARKANSAS )
SS .
COUNTY OF PULASKI )
ON THIS day of , 1966, before me, a Notary Public .
duly commissioned , qualified and acting within and for the State and
County aforesaid, appeared in person the within named Allen Berry, to me
personally well known , who stated that he is the duly elected, qualified
and acting Secretary and Manager of Stadium Commi,ssion of Arkansas , and
was duly authorized in his capacity as such Secretary and Manager to
execute the foregoing instrument for, in the name of and on behalf of the
Stadium Commission of 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 , 1966.
Notary Public
SECTION 2. The authority and duty established in Section 1
hereof in connection with the execution of said right-of-way
permit is and shall be subject to the approval of the City
Attorney, who shall determine whether or not the execution of
said right-of-way and easement is in proper form.
SECTION 3 . This resolution shall be in full force and
effect from and after its adoption .
ADOPTED : June 6, 1966
ATTEST a�� APPROVED
City Clerk Moor