3760 ■
N
_: ;SOLUTION NO. 3, 760
A RESOLUTION GRANTING THE UNITED STATES
OF AMERICA A PERPETUAL EASEMENT UPON
CERTAIN LAND OWNED BY THE CITY OF LITTLE
ROCK NEAR DAVID D. TERRY LOCK AND DAM ON
THE ARKANSAS RIVER; AND FOR OTHER PUR-
POSES.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1. The Mayor and City Clerk are hereby
authorized and directed to execute an Easement reed in
favor of the United States of America for and on behalf
of the City of Little Rock upon certain real property
owned by the City of Little Rock and known as tracts
124E-1, -2, 461E, 462E and 481E for use in connection with
the construction and development of the David D. Terry
Lock and Dam on the 4-Arkansas River. The Easement Deed,
and the land subject thereto which is described in said
Deed, is in form and substance as follows :
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Tracts 1.24E-1,-2, 461.E, 46:y and 481.E
David D. Terry Lock and ice,
Arkansas River
E A S E M E N T D E E D
KNOW ALL MEN BY THESE PRESENTS:
That the City of Little Rock, Arkansas, an Arkansas Municipal Corporation,
by its undersigned mayor, Martin Borchert, and City Clerk, Pauline G. Beeson,
pursuant to Resolution No.3737, for and in consideration of the sum of ONE
HUNDRED AND NO/100 DOLLARS ($100.00), to it cash in hand paid, the receipt of
which is hereby acknowledged, does hereby GRANT, BARGAIN, SELL AND CONVEY
unto the UNITED STATES OF AMERICA and its assigns a perpetual easement and
right upon land designated as Tracts 124E-1, E-2, 461E, 462E, and 481E,
David U. Terry Lock and Dairy, Arkansas River, lying and being situate in the
county of Pulaski, State of Arkansas, and being more particularly described as
stated in descriptions attached hereto and made a part hereof.
The perpetual right, power, privilege and easement in, upon, over, and
across Tracts Nos. 124E-1, E-2, 461E, 462E, and 481E, is hereby conveyed for
the purposes set forth below, together witn all right, sitle, and interest in
and to the structures and improvements now situate on the land, and all right,
title, and interest in and to the timber situate below elevation 231 feet,
m.s.l. :
(a) Permanently to overflow, flood, and submerge the land lying
below elevation 231 feet, m.s.1., in connection with the operation and
maintenance of David U. Terry Lock and Dam, Arkansas River project, for the
purposes as authorized by the Act of Congress approved 24 July 1946 (60 Stat.
634) , together with the continuing right to clear and remove any brush, debris;,
and natural obstructions which, in the opinion of the representative of the
United States in charge, may be detrimental to the operation of the project.
(b) Occasionally to overflow, flood, and submerge the land lying
above elevation 231 feet, m.s.1., in connection with the operation: and maintenance
of said project.
(c) Provided that no structure for human habitation snail be
cons ere ted or maintained on said land, and provided further that no other
This Instrument Prepared By:
JOHN B. OLMLSTED, Attorney
U.S. Army Engineer District, Little Rock
Corps of Engineers
Little Rock, Arkansas
structures shall be constructed or maintained on said land except as may
be approved in writing by said representative of the United States in charge
of the project.
(d) As to the described land in which easements are taken, all
rights and privileges which may be used and enjoyed without interfering with
the use of the project for the purposes authorized by Congress or abridging
the rights and easements hereby taken are specifically reserved to the land-
owner, its successors and assigns; subject, however, to existing easements
for public roads and highways, public utilities, railroads and pipelines.
Also, in consideration of the premisee, it is hereby expressly under-
stood that the Grantor releases an i re l.inoeishes the iC tTED STATES OF AMERICA
. from all damage; and siaim: every kind and nature that have occurred or
that may hereafter occur to said lane or the appurtenances thereunto belonging
on account of the construction, installation, operation and maintenance of
said Arkansas River project constructed under the easement described herein.
The Grantor covenants and agrees with the UNITED STATES OF AMERICA and
its assi ns that all current taxes and assessmer_',s on said land have been paid.
TO HAVE AND TO HOLD the above-described easement over and upon Tracts
Nos. 124E-1, E-2, I-61E, 462E, and 481E, unto the UNITED STATES OF AMERICA and
its assigns : erpetually from the date of this instrument.
And, City of Little Rock, Arkansas, hereby covenants the said
JNITE ' STATES OF AMERICA that it will forever warrant and defend the Litle to
the said land against all claims whatever.
IN WITNESS WHEREOF, the City of Little Rock, Arkansas, has caused these
presents to be signed by its Mayor, attested by its City Clerk, and its
corporate seal to be hereto affixed tr.l , day of 1967.
CITY OF LITTLE ROCK, ARKANSAS
ATTEST:
0;;:
MARTIN BORCHERT, Mayor
PAULINE C. BEESON, City C.ierk
APPROVED:
STATE OF ARKAZAAS
ss. ACKNOWLEDGMENT
COUNTY OF PULASKI
On this the day of
1967, before me,
the undersigned officer, personally
appeared Martin Borchert and Pauline G. Beeson, who acknowledged themselves
to be the Mayor and City Clerk, respectively, of the City of Little Rock,
Arkansas, and that they as such being authorized so to do, executed the
foregoing instrument for the purposes therein contained and in the capacity
therein stated.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
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Arkansas River Pulaski County, Arkansas
David D. Terry Lock and Dam Owner: Harlan H. Hill
Navigation Pool Acres: Perpetual Easement - 6.50
TRACT NO. 124E-1
A tract of land situated in the county of Pulaski, State of Arkansas,
being a part of the fractional SE* of Fractional Section 15, lying south-
westerly of the centerline of Old Fourche Bayou, right bank of the Arkansas
River, Township 1 North, Range 11 West of the Fifth Principal Meridian,
and being more particularly described as follows:
Beginning at a point of intersection between the 234-foot
contour, m.s.l. , and the west line of said fractional SE* of
Fractional Section 15, said point being north approximately
1,800.00 feet from The southwest corner Thereof; thence north along
said west line approximately 45.00 feet to a point on said
centerline of Old Fourche Bayou; thence following and binding
on the meanders of said centerline, the following approximate
courses and distances: South 43° 35' east 855.90 feet; south
500 39' east 646.60 feet; south 66° 30' east 250.80 feet; south
26° 47' east 565.70 feet; south 08° 17' east 244.00 feet to a
point on the south line of said Fractional Section 15, which is
west approximately 890.00 feet from the southeast corner thereof;
thence west along said south line approximately 40.00 feet to a
point on said 234-foot contour, m.s.l. ; thence following and
binding on the meanders of said 234-foot contour, m.s.1. , the
following approximate courses and distances: North 080 53'
west 227.70 feet; north 27° 40' west 581.50 feet; north 73° 47'
west 171.80 feet; north 51° 15' west 506.50 feet; north 45° 25'
west 484.40 feet; north 38° 17' west 121.00 feet; north 44° 30'
west 406.60 feet to the point of beginning and containing 2.20
acres, more or less.
TRACT NO. 124E-2
A tract of land situated in the county of Pulaski, State of Arkansas,
being a part of the fractional SE4 of Fractional Section .15, right bank
of the Arkansas River, Township 1 North, Range 11 West of the Fifth
Principal Meridian, and being more particularly describec as follows:
Beginning at a point of intersection between the 234-foot
contour, m.s.1. , and the south line of said Fractional Section 15,
said point being west approximately 1,100.00 feet from the south-
east corner thereof; thence west along said south line approximately
320.00 feet to a point on said 234-foot contour, m.s.1. ; thence
following and binding on the meanders of said 234-foot contour,
m.s.1. , the following approximate courses and distances: North 29°
31' west 953.80 feet; north 74° 45' east 57.00 feet; south 45° 21'
east 583.40 feet; south 36° 15' east 540.90 feet to the point of
beginning and containing 4.30 acres, more or less.
All bearings used herein are referenced to the Arkansas State
Coordinate System, South Zone.
12 October 1966
Arkansas River Pulaski County, Arkansas
David D. Terry Lock and Dam Owner: City of Little Rock
Navigation Pool Acres: Perpetual Easement - 0.10
TRACT NO. 461E
A tract of land situated in the county of Pulaski, State of Arkansas,
being part of Lots 3, 4, and 5, Block "B", and accretions thereto, right
bank of the Arkansas River, Fletcher-Clark Addition to the city of Little
Rock, Arkansas, being in the Fractional NW* of Fractional Section 1, Town-
ship 1 North, Range 12 West of the Fifth Principal Meridian, said tract
lying between the 234-foot contour, m.s.1., and the ordinary high-water
line, and being more particularly described as follows:
Beginning at the point of intersection between the 234-foot
contour, m.s.1., and the west property line, said point being
approximately 180 feet north and 50 feet west of the southwest
corner of Lot 4; thence north along said west property line to
a point on the ordinary high-water line;thence northeasterly,
downstream, along said ordinary high-water line approximately
150 feet to a point on the east line of Lot 5; thence south
along said east line to a point on said 234-foot contour, m.s.l.;
thence southwesterly along the meanders of said 234-foot contour,
m.s.l., approximately 150 feet to the point of beginning and
containing 0.10 acre, more or less.
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Revised 15 March 1967
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Arkansas River Pulaski County, Arkansas
David D. Terry Lock and Dam Owner: City of Little Rock, Arkansas
Navigation Pool Acres: Perpetual Easement - 0.10
TRACT NO. 462E
A tract of land situated in the county of Pulaski, State of Arkansas,
being part of Lots 6 thru..II cf Block "$"and accretions thereto, right
bank of the Arkansas River, Fletcher-Clark Addition to the city of Little
Rock, Arkansas, being in the Fractional Ng of Fractional Section 1, Town-
ship 1 North, Range 12 West of the Fifth Principal Meridian, said tract
lying between the 234-foot contour, m.s.l., and the ordinary high-water
line, and being more particularly described as follows:
Beginning at the point of intersection between the 234-foot
contour, m.s.l., and the west line of Lot 6, said point being
approximately 200 feet north of the southwest corner thereof;
thence north along said west line to a point on the ordinary
high-water line; thence southeasterly, downstream, along said
ordinary high-water line approximately 300 feet to a point on
the east line of Lot 11; thence south along said east line to
a point on the said 234-foot contour, m.s.1.; thence northwesterly
along the said 234-foot contour, m.s.l., approximately 300 feet
to the point of beginning, and containing 0.10 acre, more or
less.
Revised 17 October 1966
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Arkansas River Pulaski County, Arkansas
David D. Terry Lock and Dam Owner: City of Little Rock
Navigation Pool Acres: Perpetual Easement - 0.70
TRACT NO. 481E
A tract of land situated in the county of Pulaski, State of Arkansas,
being a part of the accretions to Lot 10, Block 48, part of Lots 1, 2, 8,
and 9, Block 53, and Lots 1, 2, 4, and 5, Block 54, Industrial Park Annex
No. 2 Addition, right bank of the Arkansas River, being in the Fractional
SEl of Fractional Section 6, Township 1 North, Range 11 West of the Fifth
Principal Meridian, said tract lying between the 234-foot contour, m.s.1. ,
and the ordinary high-water line and being more particularly described as
follows:
Beginning at a point of intersection between the 234-foot
contour, m.s.1., and the west property line, said point being
approximately 170 feet east and 225 feet north of the southwest
corner of said Block 48; thence northeasterly along said west
property line approximately 40 feet to a point on said 234-foot
contour, m.s.l.; thence along the meanders of said 234-foot
contour, m.s.1., northeasterly approximately 180 feet; north-
westerly approximately 600 feet to a point on said westerly
property line; thence northeasterly along said property line
to a point on the ordinary high-water line, right bank of the
Arkansas River; thence southeasterly downstream along the meanders
of said ordinary high-water line approximately 1,680 feet to a
point on the east property line; thence southwesterly along said
east property line to a point on said 234-foot contour, m.a.l.;
thence northwesterly along the meanders of said 234-foot con-
tour, m.s.l,, approximately 900 feet to the point of beginning
and containing 0.70 acre, more or less.
Revised 23 January 1967
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SECTION 2. This Resolution shall be in full force
and effect from and after its adoption.
ADOPTED: April 17, 1967
ATTEST`--pa ! :neess i4 APPROVED 61A0-14,
City Clerk Mayor