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RESOLUTION NO. 12,314
3 A RESOLUTION TO AMEND RESOLUTION NO. 12,271 (May 2, 2006)
4 TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A
5 REVISED EASEMENT ALONG A PORTION OF UNIVERSITY
6 AVENUE IN THE CITY OF LITTLE ROCK, ARKANSAS TO ENTERGY
7 ARKANSAS, INC. FOR UNDERGROUND ELECTRIC POWER
8 FACILITIES; AND FOR OTHER PURPOSES.
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10 WHEREAS, the City is undertaking a street widening project along University
11 Avenue that will add an additional lane on the east side of University Avenue between
12 the Interstate 630 right -of -way north to St. Vincent Circle, which will necessitate the
13 relocation of existing electric transmission lines owned by Entergy Arkansas, Inc.
14 ( "Entergy ") along the east side of University Avenue from those points, and
15 WHEREAS, pursuant to Little Rock, Ark. Res. No. 12,271 (May 2, 2006), the
16 Board of Directors authorized the Mayor and Clerk to execute an easement to Entergy
17 for the needed relocation of electric power facilities in the above - described area, and
18 WHEREAS, Entergy and the City have now determined that a wider easement
19 than that previously granted is necessary for the project and that the easement, while
20 perpetual, should clarify that only any City- requested relocation with the first fifteen
21 years of the easement will be made at City expense.
22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
23 THE CITY OF LITTLE ROCK, ARKANSAS:
24 Section 1. The Mayor and City Clerk are hereby authorized to execute a
25 revised easement, substantially in the form attached as Exhibit A, which has been
26 approved by the City Attorney, to grant a nonexclusive easement in certain City
27 property along University Avenue, as shown on the map on Attachment B attached
[PAGE 1 OF 61
Resolution
To authorize conveyance of ROW easement to Entergy
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hereto, to Entergy Arkansas, Inc. for construction, operation and maintenance of
underground electric power facilities.
Section 2. The easement property is more particularly described as follows:
DESCRIPTION OF RIGHT -OF -WAY
in Little Rock, Pulaski County, Arkansas
A 10.0 foot wide easement being 5.0 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.
Section 3. Severability. In the event any title, section, paragraph, item, sentence,
clause, phrase, or word of this resolution is declared or adjudged to be invalid or
unconstitutional, such declaration or adjudication shall not affect the remaining
portions of the resolution which shall remain in full force and effect as if the portion so
declared or adjudged invalid or unconstitutional were not originally a part of the
resolution.
Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that
are inconsistent with the provisions of this resolution, are hereby repealed to the extent
of such inconsistency.
Resolution
To authorize conveyance of ROW easement to Entergy
[PAGE 2 of 61
1 ADOPTED: July 11, 2006
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3 ATTEST:
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5 4U kL j
6 Nataki S. Blocker, Assistant City Clerk
7 For Nancy Wood, City Clerk
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9 APPROVED AS TO FORM:
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12 Thomas M. CarpenterVCity Attorney
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[PAGE 3 OF 61
Resolution
To authorize conveyance of ROW easement to Entergy
APPROV D:
Barbara Graves, Vice Mayor
1 STATE OF ARKANSAS
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3 COUNTY OF PULASKI
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5 RIGHT -OF -WAY EASEMENT
6 FOR UNDERGROUND FACILITIES
7 OF ENTERGY ARKANSAS INC.
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9 KNOW ALL MEN BY THESE PRESENTS THAT: City of Little Rock, Grantor, acting
10 individually, and for, and on behalf of, successors, assigns and any other person
11 claiming the ownership to the property hereinafter described, collectively "Grantor ",
12 for and in consideration of one dollar ($1.00), in hand paid, and other good and
13 valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
14 does hereby grant, assign, convey unto Entergy Arkansas, Inc., and its successors and
15 assigns, collectively "Grantee ", a non - exclusive right -of -way, servitude and easement
16 ten (10) feet in width for the location, construction, reconstruction, improvements,
17 repairs, operation, inspection, patrol, replacement and maintenance of underground
18 electric power facilities and all appurtenances thereto, or the removal thereof, now or in
19 the future, including, but not necessarily limited to, insulators, wires, cables, conduits,
20 hardware, transformers including at -grade transformers, switches, anchors and other
21 equipment, structures, material and appurtenances, now or hereafter used, useful or
22 desired in connection therewith by Grantee over, across, under or on that land of
23 Grantor in the County of Pulaski, State of Arkansas described as follows, to -wit:
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25 A 10.0 -foot wide easement being 5.0 feet each side of a line described as follows:
26 Beginning at a point 70.0 feet right (East) of the centerline of University Ave. at Station
27 118 +82 as per plans for the construction of said University Ave. said point being 3.0 feet
28 East of the new proposed East right -of -way line of said University Ave. and the Point of
29 Beginning. Thence in a northerly direction 3.0 feet East of and parallel with said new
30 right -of -way the following bearings and distances NO3 °26'13" E 109.23 feet; thence
31 N01 048'24" E 175.12 feet; thence N01 026'38" E 161.47 feet; thence N05 °41'34" E 100.07
32 feet; thence NO2 °09'35" E 119.64 feet; to the termination of said 5.0 foot easement said
33 point being 74.0 feet right (East) of centerline station 125 +48 on plans for the
34 construction of University Ave.
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36 TO HAVE AND TO HOLD same, with all rights and appurtenances to the same
37 belonging, unto Grantee, its successors and assigns, until the use of the easement is
38 relinquished or abandoned, whichever first occurs, at which time the easement
39 automatically expires; such rights to include the right of ingress and egress to and from
40 said right -of -way by reasonable routes across the adjoining land of the Grantor, and
[PAGE 4 OF 61
Resolution
To authorize conveyance of ROW easement to Entergy
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with the understanding that any Grantor - requested relocation of Grantee's electric
power facilities from or within the described area within only the first fifteen (15) years
of this Easement shall be at Grantor's expense.
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 on this
day of 2006.
ATTEST:
Nancy Wood, City Clerk
Resolution
To authorize conveyance of ROW easement to Entergy
[PAGE 5 of 61
GRANTOR:
CITY OF LITTLE ROCK
Jim Dailey, Mayor
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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]
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Resolution
To authorize conveyance of ROW easement to Entergy
[PAGE 6 OF 61
Notary Public