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6422 RESOLUTION NO 6 ,422 A RESOLUTION DEDICATING CERTAIN CITY OWNED LANDS FOR THE USE AND BENEFIT OF THE LITTLE ROCK SANI- TARY SEWER COMMITTEE; AND FOR OTHER PURPOSES WHEREAS, the City of Little Rock, Arkansas has acquired fee simple title to the lands hereinafter described for the purpose of constructing certain improvements thereon and there is presently located under the surface of said lands one 54" sani- tary sewer main; and WHEREAS, prior to acquiring fee title to the said lands the City of Little Rock acquired two easements in said lands for the use and benefit of the Little Rock Sanitary Sewer Committee from Big Rock Stone and Material Company which are filed of record in the office of the Circuit Clerk of Pulaski County, Arkansas in Book 1035 at page 381 and Book 1111 at page 409, dated December 4, 1967 and October 15, 1968, respectively; and, WHEREAS, all rights in and to the referenced easements are now merged in the title to said lands owned by the City of Little Rock and the City of Little Rock elects to dedicate said lands for the use and benefit of the Little Rock Sanitary Sewer Committee, subject to the reservations hereinafter provided. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SECTION 1. The following described parcels of real property owned by the City of Little Rock and situated in Pulaski County, Arkansas are hereby dedicated for the use and benefit of the Little Rock Sanitary Sewer Committee for the purpose of: 1) Operating, maintaining, repairing, replacing, reconstructing, testing and inspecting one 54" sewer main and appurtenances thereunto, now and at different times in the future; and 2) The right of free ingress and egress across adjacent lands of the City of Little Rock to the said described lands: Parcel 1: A parcel of land fifteen (15') feet in width being seven and one-half (71') feet on either side of a centerline described as follows: to-wit: Beginning at a point on the West line of Main Street, Little Rock, Arkansas, extended North, said point of beginning being 93.7 feet North of an iron pin in the centerline of Missouri Pacific Railroad Company's southernmost main track; thence in a Westerly direction, by a deflection angle of 84° 43' to the left, for 105.2 feet; thence continue in a Westerly direction, by a deflection angle of 9° 33' to the left, for 617.6 feet to the centerline of the above mentioned Missouri Pacific main track, which point is the point of ending of the -2- herein described centerline, containing 10,842 square feet, more or less, and located in the NE1, Section 3, Township 1 North, Range 12 West. AND Parcel 2: A parcel of land ten (10') feet in width being five (5') feet on either side of a centerline described as follows: Beginning at a point on the centerline of the easement heretofore granted on December 4, 1967 above described at a point 250 feet East of the West boundary line of said easement, run thence South 15° East a distance of 30 feet, more or less, to the South boundary of Grantor's property, and to the end of this easement, being located in the NE1, Section 3, Township 1 North, Range 12 West, and containing 300 square feet. SECTION 2. The City of Little Rock reserves and shall have the right to use and enjoy the above described lands, except as to the rights herein dedicated, it being agreed and understood that the City of Little Rock may construct buildings or other improvements upon said described lands, provided that no foundation or other part of said building or buildings or improvements shall penetrate or otherwise damage said sewer line or the metal casing around same; and provided further, that access by agents and employees of the Little Rock Sanitary Sewer Committee to manholes located upon the herein described property shall be permitted; and provided further, that the manager of the Little Rock Wastewater Utility shall have the right to review and approve any plans of the City of Little Rock for improvements to be made upon the said lands herein described for the purpose of preventing any possible dislocation or structural damage to the sewer line, provided, however, that approval will not be unreasonable withheld; and provided further, that the City of Little Rock agrees to indemnify and hold harmless the Little Rock Sanitary Sewer Committee for any damages of any nature whatsoever, or loss to said sewer line sustained as a consequence of, in connection with or related to the construction, maintenance, use, occupancy, or operation of any buildings, or improvements, constructed or located on, above or adjacent to the lands described herein. SECTION 3. The City Clerk shall cause this Resolution to be recorded in the office of the Circuit Clerk and Recorder of Pulaski County, Arkansas. SECTION 4. This Resolution shall be in full force and effect from and after its adoption, ADOPTED: September 5 , 1980 ATTEST; / lie d'/. APPROVED: (City Clerk Mayor