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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 • 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