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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