3851 RESOLUTION NO. 3, 851
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK OF THE CITY OF LITTLE ROCK, ARKANSAS ,
IN THE EXECUTION OF EASEMENTS AND RIGHT-OF-WAY TO
ARKANSAS POWER AND LIGHT COMPANY, GRANTING ARKANSAS
POWER AND LIGHT COMPANY AUTHORITY TO CONSTRUCT AND
MAINTAIN ELECTRIC FACILITIES ON CERTAIN LANDS BE-
LONGING TO THE CITY OF LITTLE ROCK, ARKANSAS , TO
SERVE THE ARMSTRONG RUBBER COMPANY.
WHEREAS , Arkansas Power and Light Company desires to in-
stall, operate and maintain overhead distribution lines and
other related electric facilities upon, over and across certain
lands belonging to the City of Little Rock, Arkansas for the
purpose of supplying Armstrong Rubber Company electric service
in the City of Little Rock, Arkansas ; and
WHEREAS , the City of Little Rock will benefit from the
granting of such easements and right-of-way by reason of improved
service to its lessee and others ; and
WHEREAS , Arkansas Power and Light Company is willing to
pay the sum of ONE DOLLAR ($1.00) for and in consideration of
said easements and rights-of-way, with the rights and privileges
contained in an easement and right-of-way, 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 an
easement and right-of-way running in favor of Arkansas Power and
Light Company for the consideration of ONE DOLLAR ($1.00) , which
easements and rights-of-way is in form and substance as follows :
EASEMENTS AND RIGHTS-OF-WAY
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 19
and First National Bank of Memphis by its Trustees , duly author-
ized by its Board of Directors and to the extent of its interest
as Trustee and Mortgagee under a certain trust indenture executed
by the City of Little Rock, on March 1 , 1967 , and recorded in
the Pulaski County Recorder' s Office in Mortgage Book 1177 at
pages 277- 321 inclusive , and the Armstrong Rubber Company , by its
President or Vice President , duly authorized and to the extent
of its interest as Lessee under a certain Lease Agreement exe-
cuted by the City of Little Rock on July 1 , 1967 , and recorded in
the Pulaski County Recorder' s Office in Mortgage Book 1176 at
pages 569-571 inclusive , hereinafter referred to as Grantors , for
and in consideration of the sum of ONE DOLLAR ( $1 .00) and other
valuable considerations paid by Arkansas Power & Light Company
and the receipt of which is acknowledged, do hereby grant and
convey ( each Grantor to the extent of its separate interest in
and to the lands hereinafter described) unto the said Arkansas
Power & Light Company and unto its successors or assigns , here-
inafter referred to as Grantee, the right , privilege , authority ,
easements and rights-of-way to construct , reconstruct , remove,
replace, maintain , inspect and operate over , upon , across and
underneath the easements and rights-of-way hereinafter described ,
circuits , conductors , poles , fixtures , guys and anchors , duct
lines , transformers and other necessary equipment and facilities
for the purposes of transmitting and distributing electric
current and supplying electric services . The rights hereby con-
ferred provided for the privilege and authority to enter upon
the said easements and rights-of-way at any and all times for
the purpose herein set forth , and the further right to maintain
adequate, sufficient and required clearances between the electric
circuits , facilities and equipment of the Grantee and other
objects , growths and trees situated upon the lands of the Grantors .
The easements and rights-of-way herein referred to are situated
on the lands of the Grantors in Pulaski County Arkansas , and are
described as follows , to-wit :
Part of the NW4 NE4, Section 29 , Township 1 North,
Range 12 West , Pulaski County Arkansas .
1 . Described as an easement and right-of-way 20
feet in width with 10 feet on either side of
a center line beginning on the east side of
Murray Street Right-of-way which point is
approximately 560 feet north and 480 feet east
of the southwest corner of the NW4 NE4, Section
29 , Township 1 North , Range 12 West . Thence
parallel with and 10 feet north of the south
line of A.P . & L' s 100' right-of-way a distance
of 920 feet to the east line of the NW4 NE$,
Section 29 , Township 1 North , Range 12 West .
2. An easement and right-of-way 20 feet in width
with 10 feet on either side of a center line
which begins 560 feet north and 480 feet east
of the southwest corner of the NW4 NE4, Section
29 , Township 1 North, Range 12 West . Thence
easterly 285 feet more or less to the point of
beginning ; thence northwesterly 80 feet ; thence
easterly 131 feet more or less ; thence north-
westerly 110 feet ; thence west 50 feet more or
less .
For the original construction of its pole lines and
circuits , the Grantee is authorized to cut and remove growths ,
trees and other objects located upon the lands of the Grantors
which will conflict with the locations , construction and oper-
ation of the said electric circuits .
Under the same terms and condition as set forth in these
easements and rights-of-way , Southwestern Bell Telephone Company
may own and erect the pole line for the joint use of both
companies , and the Grantee may permit the use of its pole line
by the telephone company .
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 19 , and First National Bank of Memphis by
its Trust Officer and Assistant Trust Officer has affixed their
names on this day of 19 , and The
Armstrong Rubber Company , has caused its corporate name to be
affixed hereto and this instrument executed by its President or
Vice President and attested by its Secretary this day of
19
Attest : City of Little Rock , Arkansas
By
City Clerk Mayor
Lessor
Attest : First National Bank of Memphis
By
Assistant Trust Officer
Attest : The Armstrong Rubber Company
By
Lessee
ACKNOWLEDGMENT
STATE OF ARKANSAS )
SS .
COUNTY OF PULASKI )
On this day of 19 , before me,
a Notary Public , duly commissioned, qualified and acting within
and for the State and County aforesaid, appeared
and to me personally
Mayor City Clerk
well known , who stated that they are the Mayor and City Clerk
respectively of the City of Little Rock, Arkansas and was duly
authorized in their official capacities as Mayor and City Clerk
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 they 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 19
Notary Public
My commission expires
ACKNOWLEDGMENT
STATE OF TENNESSEE )
SS .
COUNTY OF SHELBY )
On this day of 19 , before me
a Notary Public , duly commissioned, qualified and acting within
and for the State and County aforesaid , appeared in person the
within named and
as Vice President and Trust Officer and Assistant Trust Officer
respectively , of the First National Bank of Memphis to me
personally , well known , who stated that they were duly author-
ized in their respective capacities to execute the foregoing
instrument , for and in the name and behalf of said Trust
Company , and further stated and acknowledged that they had so
signed, executed and delivered said foregoing instrument for
the consideration , uses and purposes therein mentioned and set
forth .
IN WITNESS WHEREOF , I have hereunto set my hand and
official seal this day of 19 .
Notary Public
My commission expires
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ACKNOWLEDGMENT
STATE OF CONNECTICUT )
SS.
COUNTY OF NEW HAVEN )
On this day of 19 , before me
a Notary Public , duly commissioned , qualified and acting within
and for the State and County aforesaid , appeared in person the
within named and
as President and Secretary respectively , of The Armstrong Rubber
Company , to me personally , well known , who stated that they were
duly authorized in their respective capacities to execute the
foregoing instrument for and in the name and behalf of said The
Armstrong Rubber Company , and further stated and acknowledged
that they had so signed , executed and delivered said foregoing
instrument for the consideration , uses and purposes therein
mentioned and set forth .
IN WITNESS WHEREOF , I have hereunto set my hand and
official seal this day of 19
Notary Public
My commission expires
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 easements and rights-of-way is in proper form.
SECTION 3 . This resolution shall be in full force and
effect from and after its adoption .
ADOPTED: October 2, 1967
4 • v
ATTEST: A PROVED: Mayor
City Clerk