4957 RESOLUTION NO. 4 ,957
A RESOLUTION AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN EASEMENT DEED
FROM THE CITY OF LITTLE ROCK AS GRANTOR
TO THE LITTLE ROCK-PULASKI DRAINAGE
DISTRICT NO. 2 FOR PURPOSES OF A PER-
PETUAL FLOODING EASEMENT, AND FOR PURPOSES
RELATING THERETO
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
to execute an Easement Deed on behalf of the City of Little
Rock wherein the City of Little Rock as Grantor does grant
to the Little Rock-Pulaski Drainage District No. 2 a perpetual
flooding easement and right upon a certain parcel of land
lying and being situate in Pulaski County, Arkansas. The form
and contents of the Easement Deed are hereby approved and
made a part hereof as follows :
EASEMENT_DEED
KNOW ALL MEN BY THESE PRESENTS:
THAT the Grantor, City of Little Rock, Arkansas , for and
in consideration of the sum of ten dollars ($10) and other good
and valuable consideration the receipt and sufficiency of which
is hereby acknowledged and for the additional consideration of
those benefits accruing to the said Grantor and to the public
generally from the removal of the surface waters that might
otherwise accumulate in the vicinity of that property hereinafter
described, does hereby grant, bargain, sell and convey unto the
Grantee, Little Rock-Pulaski Drainage District No. 2 and unto
its successors and assigns forever a perpetual flooding easement
and right upon that certain parcel of land lying and being situate,
in Pulaski County, Arkansas, and being more narticularly described
as follows:
A temporary flooding easement across a portion of
the right-of-way of East Roosevelt Road located
in the NW 1/4 NW 1/4 of Section 13, Township
1 North, Range 12 West, Pulaski County, Arkansas,
being more particularly described as follows!
Commencing at the Northwest Corner of Section
13, Township 1 North, Range 12 West, Pulaski
County, Arkansas; thence South 2014' West
513. 94 feet along the West line of Section
13 to the point of beginning at the intersection
of the West line of Section 13 and the South
right-of-way line of East Roosevelt Road; thence
from the point of beginning South 8705343"
East approximately 280 feet along the South
right-of-way line of East Roosevelt Road to
a point on the 246-foot contour line; thence
following and binding on the meanders of the
246-foot contour line approximately North
7030' West 90 feet to a point; thence North
8705343" West approximately 215 seet to a
point on the 246-foot contour line thence
following and binding on the meanders of the
246-foot contour line South 47°11 West approe.
imately 105 feet to the point of beginning.
Easement contains 0. 5 acres, more or less.
With respect to those lands upon which the within easement
is granted, the said Grantee shall have the perpetual right, power,
privilege and easement to permanently overflow, flood and sub-
merge those lands to an elevation of 246 ft. m.s.l. to the
extent that such overflooing, flooding or submerging may be
-2-
reouired by the Grantee in connection with its operation and
maintenance of the East End-Fourche Bayou Pumping Station and
Sump Storage aasia nrojecta and in the exercise of this said
perpetual rieht, power, privilege and casement the said Grantee
and/or its successors or assigns shall have the continuing
right to eater upon the premises for the purpose of clearing
and removing any brush, debris and natural obstruction that
might be detrimental to or impede the removal of surface waters
from lands in this vicinity; together with all title and interest
in and right to the removal of any timber, structures or improve-
ments eituated upon thoso lands covered by this casement; reserving,
however, to the Grantor and its successors or assigns all rights
and privileges as to the use and enjoyment of the lane7s so lcne
as such use and enjoyment is without interference of that use
of the lands for the purposes of this project or otherwise
abridging the rights of the easement which is hereby acquired;
provided further that any use of the land shall be subject to
federal and state law with respect to pollution, that no excavation
shall be constructed and no landfill place:: on the lands below
the elevation of 246 ft. r.s. 1. , that no structure for human
habitation shall Le constructed or maintained upon the lands and
that no other structures shall be constructed or Aaintained on
the lands except such structures/as may be oonstructed or maintained
with the approval of the Commissioners of Little Rock-Pulaski
Drainage District No. 2 , its successors or assigns .
The interest of the Grantee and its estate into those lands
that are subject to the easement described herein are tallen by
the said Grantee subject to existing easements for public streets
and hiebways, public utilities , railroads and pipelines.
The Grantor covenants with the Grantee and/or its eueceeaors
or assigns that there are no taxes and assessments due on these
said lands. The said Grantee, Little Rock-Pulaski Drainage District
No. 2, shall have and hold the above described easement over
and upon said lands perpetually from the date of this instrument.
The Grantor does further covenant with the said Grantee and/or
its successors or assigns that the said Grantor will forever warrant
and defend title to those lands described in this instrument
against all claims whatever.
IN WITNESS WHEREOF, City of Little Rock, Arkansas, the
Grantor herein, has caused this Easement Deed to be executed
on thi,3 day of , 1973.
—
CITY OF LITTLE ROCK, ARKANSAS
BY le/Aee.e4a ,
Mayor
ATTEST:
City clerk
ACKNOWLEDGMENT
STATE OF ARKANSAS)
) ss.
COUNTY OF PULASKI)
On this day, before me personally appeared William H. Walter
and Jane Czech, to me personally well known, who acknowledged
that they were the Mayor and City Clerk of the City of Little Rock,
Arkansas, a city of the first class, and that they, as such
officers, being authorized so to do, had executed the foregoing
instrument for the purposes therein contained, by signing the name
of the said city by themselves as such officers .
WITNESS my hand and official seal this day of
1973.
Notary Public
My commission expires :
-5-
SECTION 2 . That the Mayor and City Clerk are hereby
authorized and directed to take all action necessary to the
realization of the rights of the City and to discharge the
obligations of the City as Grantors under the Easement Deed.
SECTION 3. That the provisions of this Resolution are
hereby declared to be separable and if any section, phrase
or provision shall for any reason, be declared to be invalid
such declaration shall not affect the validity of the remainder
of the sections , phrases or provisions .
SECTION 4 . This Resolution shall be in full force and
effect from and after its adoption.
ADOPTED: March 7, 1973
ATTEST : APPROVED:
City Cler Mayor