HomeMy WebLinkAboutwastewater easement11111111 IIIIIIIIIIIIIIIIIII 111111 IN III 2020066736
PRESENTED: 10-09-2020 09:08:56 AM RECORDED: 10-09-2020 09:08:56 AM
In Official Records of Terri Hollingsworth Circuit/County Clerk
PULASKI CO, AR FEE $35.00
Recording Information:
This Instrument Prepared By:
EILBOT'T LAW
DON A. EILBOTT • ATTORNEY, PLC
Post Office Box 23870 . Little Rock AR 72221 -3670
Telephone 501.225.2885 . eilbottlaw.com
RIGHT OF WAY EXCHANGE EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
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THAT WOODLAND PARK OF LITTLE ROCK, LLC, an Arkansas Limited Liability
Company by its Manager, Scott Hurley, GRANTOR, duly authorized by proper resolution, for
and in consideration of the sum of Ten Dollars ($ 10.00), and other valuable consideration paid
by the City of Little Rock, including the release of that easement identified in Paragraph three (3)
below, the receipt of which is hereby acknowledged, does hereby, subject to prior recorded
mortgages and easements, if any, grant, bargain, sell and convey unto the City of Little Rock,
Arkansas, for the use and benefit of the Little Rock Water Reclamation Commission, GRANTEE,
and unto its successors and assigns forever, the following described easements:
I. Permanent Ease»ent; Exchange Easement. A permanent right, privilege and
easement for the purpose of permitting the Little Rock Water Reclamation Commission and
Little Rock Water Reclamation Authority to clear and keep clear the surface of the right -of -way
to: (a) lay, construct, operate, maintain, repair, replace, reconstruct, test, inspect and add sewer mains
and sewer lines whether one or more, and without the payment of additional compensation thereof,
(b) keep the easement clear of all buildings and other improvements of any kind; and (c) maintain
the right to free ingress and egress across adjacent lands of the Grantor to the lands hereinafter
described. Subject to prior easement of record and except as hereinafter stated, the Little Rock
Water Reclamation Commission shall have the exclusive use of this right -of -way and easement;
and the Grantor may hereinafter use the surface of the easement for any purpose not inconsistent
with the rights hereby conveyed, but may not place a building, footing, wall, structure, or other
improvement upon the right -of -way except that, after the initial sewer construction is completed,
the Grantor may pave the easement surface and may use it for driveways, walks or parking
areas. The Grantor may permit other utility service to cross this easement at approximately right
angles, but only if such utilities first comply with whatever specifications the Little Rock
Water Reclamation Commission and Little Rock Water Reclamation Authority may designate
at the time for the protection of its own facilities. It is acknowledged, agreed, and understood that
this permanent easement is conveyed to Grantee in consideration of the agreement by Grantee
to release, abandon and terminate that prior easement that was conveyed to Grantee that is more
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fully described in Paragraph 3, below. This permanent easement that is the subject of this
paragraph shall be upon the following described lands situated in Pulaski County, Arkansas, to-
wit:
See Attached Exhibit "A"
To have and to hold said easements, rights, and privileges unto the Grantee, and unto its
successors and assigns forever, for the purposes aforesaid,
And Grantor covenants with Grantee, its successors and assigns, that subject to prior
recorded mortgages and easements, if any, it will forever warrant and defend title to said
easements and rights against the claims of all persons whomsoever and that Grantee, its
successors and assigns, shall have at all times the quiet use and enjoyment of said easements and
rights.
The execution of this easement does not give the Grantor the right to connect to or
receive service from any sewer or wastewater facility; the right to make connections and receive
service shall be subject to the rules, regulations, policies or ordinances in effect at the time of
application.
2. Absence of Temporary Construction Easement. It is recognized and
understood that the easement being granted hereby pertains to sewer lines that have been
previously constructed and installed, thereby eliminating the need for the conveyance by
Grantor to Grantee of any temporary construction easement.
3. Release and Abandonment of Prior Easement. For and in consideration of the
agreement by Grantor to convey to Grantee the permanent easement that is identified in
Paragraph 1, hereto, and for other good and valuable consideration received, Grantee agrees to
and does hereby release and abandon in perpetuity to and in favor of Grantor and Grantor's
successors and assigns forever that sewer easement encumbering Grantor's real property
situated in Pulaski County, Arkansas and more fully described as follows, it being noted that
Grantee has previously abandoned said easement, and otherwise has no use or need for said
easement:
Instrument No. 2007038087
Instrument No. 2007097974
Both as recorded in the Office of the Circuit Clerk of Pulaski County, Arkansas
To have and to hold said easements, rights and privileges unto the Grantor, and unto its successors
and assigns forever, for the purposes aforesaid,
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And Grantee covenants with Grantor, its successors and assigns, that subject to prior
recorded mortgages and easements, if any, it will forever warrant and defend title to said
easements and rights against the claims of all persons whomsoever and that Grantor, its
successors and assigns, shall have at all times the quiet use and enjoyment of said easements and
rights.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of this l '7-�(`'
day of ,202-0
WOODLAND PARK OF LITTLE ROCK, LLC
By: C tf --
Scott Hurley
Title: Manager
CITY OF LITTLE ROCK, acting through
LITTLE ROCK WATER RECLAMATION
COMMISSION
By:
Title .
ATTEST:
By:
Title:
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ACKNOWLEDGEMENT
STATE OF ARKANSAS)
COUNTY OF PULASKI )
On this day personally appeared before the undersigned, a Notary Public, within and for t h e
County and State aforesaid, commissioned and acting Scott Hurley to me
w e 11 known, who stated that he is the Manager of Woodland Park of Little Rock, LLC and is duly
authorized in his/her capacity to execute the foregoing easement for and in the name and behalf
of Woodland Park of Little Rock, LLC and further stated and acknowledged that he has so signed,
executed and delivered said easement for the consideration, uses and purposes therein
mentioned and set forth.
Witness my hand and official seal on this day of
,,r1.;: Kpti., Notary Public
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My Commission Expires: ti .••• PUBLIC� ••;
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ACKNOWLEDGEMENT
STATE OF ARKANSAS)
COUNTY OF PULASKI )
On this day personally appeared before the undersigned, a Not Public, within and for
the County and State aforesaid, commissioned and acting, , to me well
known, who stated that he is the CEO of Little Rock Watt-A Reclamation Commission,
and is duly authorized in his/her capacity to execute the foregoing easement for and in the
name and behalf of Little Rock Water Reclamation Commission, and further stated and
acknowledged that he /she has so signed, executed and delivered said easement for the
consideration, uses and purposes therein mentioned and set forth.
Witness my hand and official seal on this
2020
My Commission Expires: 4/23/2021
LINDA LOVETT
MY COMMISSION #12381769
EXPIRES: April 23, 2021
Pulaski County
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