HomeMy WebLinkAbout122711
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RESOLUTION NO. 12,271
A RESOLUTION TO AUTHORIZE THE MAYOR AND THE CITY
CLERK TO EXECUTE A RIGHT -OF -WAY EASEMENT FOR FIFTEEN
YEARS TO CERTAIN PROPERTY LOCATED ALONG A PORTION OF
UNIVERSITY AVENUE IN THE CITY OF LITTLE ROCK, ARKANSAS
TO ENTERGY ARKANSAS, INC. FOR UNDERGROUND ELECTRIC
POWER FACILITIES; AND FOR OTHER PURPOSES.
WHEREAS, the City is undertaking a street widening project along University
Avenue that will add an additional lane on the east side of University Avenue between
the Interstate 630 right -of -way north to St. Vincent Circle, which will necessitate the
relocation of existing electric transmission lines owned by Entergy Arkansas, Inc.
( "Entergy ") along the east side of University Avenue from those points, and
WHEREAS, a dispute arose as to the proper party to bear the cost of utility
relocation for the widening project along the east side of the above described segment
of University Avenue, and
WHEREAS, to settle the disagreement and to facilitate the construction project so
that it can move forward expeditiously, but also provide some assurance to Entergy
that it will have time to recoup its relocation expense, the City will provide a 15 -year
easement to Entergy to relocate its electric power facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
24 Section 1. The Mayor and City Clerk are hereby authorized to execute a 15-
25 year right -of -way easement, in the form attached as Exhibit A, which has been
26 approved by the City Attorney, to grant a nonexclusive easement in certain City
Resolution
To authorize conveyance of ROW easement to Entergy
I property along University Avenue, as shown on the map on Attachment B attached
2 hereto, to Entergy Arkansas, Inc. for construction, operation and maintenance of
3 underground electric power facilities.
4 Section 2. After expiration of the right -of -way easement, Entergy's electric
5 power facilities may remain on the described property with the City's permission,
6 subject to the City's utility relocation policy for public projects, and in no event shall the
7 presence of the facilities afford Entergy a right to the use of such property by adverse
8 possession or prescription.
9 Section 3. The easement property is more particularly described as follows:
10 DESCRIPTION OF RIGHT -OF -WAY
11 in Little Rock, Pulaski County, Arkansas
12
13 A 5.0 foot wide easement being 2.5 feet each side of a line described as follows:
14 Beginning at a point 70.0 feet right (East) of the centerline of University Ave. at Station
15 118 +82 as per plans for the construction of said University Ave. said point being 3.0 feet
16 East of the new proposed East right -of -way line of said University Ave. and the Point of
17 Beginning. Thence in a northerly direction 3.0 feet East of and parallel with said new
18 right -of -way the following bearings and distances NO3 °26'13" E 109.23 feet; thence
19 N01 048'24" E 175.12 feet; thence N01 026'38" E 161.47 feet; thence N05 °41'34" E 100.07
20 feet; thence NO2 °09'35" E 119.64 feet; to the termination of said 5.0 foot easement said
21 point being 74.0 feet right (East) of centerline station 125 +48 on plans for the
22 construction of University Ave.
23 Section 4. Severability. In the event any title, section, paragraph, item, sentence,
24 clause, phrase, or word of this resolution is declared or adjudged to be invalid or
25 unconstitutional, such declaration or adjudication shall not affect the remaining
Resolution
To authorize conveyance of ROW easement to Entergy
1 portions of the resolution which shall remain in full force and effect as if the portion so
2 declared or adjudged invalid or unconstitutional were not originally a part of the
3 resolution.
4 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that
5 are inconsistent with the provisions of this resolution, are hereby repealed to the extent
6 of such inconsistency.
7 ADOPTED: May 2, 2006
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9 ATTEST: APPROVED:
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12 Nan y Wood City Clerk
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14 APPROVED AS TO FORM:
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16 A4Vv N7 &-
17 Thomas M. Carpenter, Cit Attorney
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Resolution
To authorize conveyance of ROW easement to Entergy
9 41
666d�
Jim b4iley, Mayor
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ATTACHMENT A
STATE OF ARKANSAS
COUNTY OF PULASKI
RIGHT -OF -WAY EASEMENT FOR 15 YEARS
FOR UNDERGROUND FACILITIES
OF ENTERGY ARKANSAS, INC.
KNOW ALL MEN BY THESE PRESENTS THAT: City of Little Rock, Grantor, acting
individually, and for, and on behalf of, successors, assigns and any other person
claiming the ownership to the property hereinafter described, collectively "Grantor ",
for and in consideration of one dollar ($1.00), in hand paid, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
does hereby grant, assign, convey unto Entergy Arkansas, Inc., and its successors and
assigns, collectively "Grantee ", a non - exclusive right -of -way, servitude and easement
five (5) feet in width for the location, construction, reconstruction, improvements,
repairs, operation, inspection, patrol, replacement and maintenance of underground
electric power facilities and all appurtenances thereto, or the removal thereof, now or in
the future, including, but not necessarily limited to, insulators, wires, cables, conduits,
hardware, transformers including at -grade transformers, switches, anchors and other
equipment, structures, material and appurtenances, now or hereafter used, useful or
desired in connection therewith by Grantee over, across, under or on that land of
Grantor in the County of Pulaski, State of Arkansas described as follows, to -wit:
A 5.0 -foot wide easement being 2.5 feet each side of a line described as follows:
Beginning at a point 70.0 feet right (East) of the centerline of University Ave. at Station
118 +82 as per plans for the construction of said University Ave. said point being 3.0 feet
East of the new proposed East right -of -way line of said University Ave. and the Point of
Beginning. Thence in a northerly direction 3.0 feet East of and parallel with said new
right -of -way the following bearings and distances NO3 °26'13" E 109.23 feet; thence
N01 048'24" E 175.12 feet; thence N01 °26'38" E 161.47 feet; thence N05 °41'34" E 100.07
feet; thence NO2 °09'35" E 119.64 feet; to the termination of said 5.0 foot easement said
point being 74.0 feet right (East) of centerline station 125 +48 on plans for the
construction of University Ave.
TO HAVE AND TO HOLD same, with all rights and appurtenances to the same
belonging, unto Grantee, its successors and assigns, until the use of the easement is
relinquished or abandoned, or until fifteen (15) years from the date of this Easement,
whichever first occurs, at which time the easement automatically expires; such rights to
include the right of ingress and egress to and from said right -of -way by reasonable
routes across the adjoining land of the Grantor. After expiration of this Easement,
Grantee's electric power facilities may remain on the described property with the
Resolution
To authorize conveyance of ROW easement to Gntergy
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permission of the Grantor, subject to Grantor's utility relocation policy for public
projects, and in no event ever to afford Grantee a right to the use of such property by
adverse possession or prescription.
Unless otherwise herein specifically provided, the centerline of the electric power and
communication lines initially constructed on this right -of -way shall be the centerline of
said right -of -way.
Grantee shall have the full and continuing right to clear and keep clear vegetation
within or growing into said right -of -way and the further right to remove or modify
from time to time trees, limbs, and vegetation outside the said right of way which
Grantee considers a hazard to any of its electric power or communications facilities or a
hazard to the rendering of adequate and dependable service to Grantor or any of
Grantee's customers, by use of a variety of methods used in the vegetation management
industry.
Grantor reserves the right to use and enjoy its interests in the easement area insofar as
the exercise thereof does not endanger or interfere with the construction, operation and
maintenance of said electric power and communications facilities. The foregoing grants
are non - exclusive and Grantor reserves the right to agree to other non - exclusive
occupations of the property by one (1) or more person(s), provided, however, that any
such subsequent occupancies or agreements for such occupancies shall be subordinate
to the rights granted herein to Grantee if Grantee has not relocated therefrom. Grantor
shall not construct or permit the construction of any buildings or other structures in the
easement area or on land adjoining said right -of -way which is in violation of the
minimum clearances from the lines and facilities of Grantee, as provided in the National
Electrical Safety Code.
IN WITNESS WHEREOF, Grantor has executed this Right -of -Way Easement for 15
Years on this day of , 2006.
ATTEST:
Resolution
To authorize conveyance of ROW easement to Entergy
GRANTOR:
CITY OF LITTLE ROCK
Jim Dailey
Mayor
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Nancy Wood
City Clerk
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
BE IT REMEMBERED that on this day come before me the undersigned, a
Notary Public, within and for the county and state aforesaid, duly commissioned and
acting, Jim Dailey and Nancy Wood, to me well known as the Mayor and City Clerk,
respectively, in the foregoing instrument and acknowledged that they had executed the
same for the consideration, uses and purposes therein mentioned and set forth.
Witness my hand and seal as such Notary Public this day of
, 2006.
Commission Expires
[SEAL]
Resolution
To authorize conveyance of ROW easement to Entergy
Notary Public
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To authorize conveyance of ROW easement to Entergy