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HomeMy WebLinkAboutROW Easement 022124RIGHT OF WAY EASEMENT KNOW ALL MEN BY THESE PRESENT: 2806169275 12/27/2M 64:9804 PN Filed t Recorded in' Official Records of PAT OIBRIERPILM CUM iSEsr 4 CIRCUIT/COUNTY CLERK Fees $17.69 That we, Janet Cathell and Donna Miller, GRANTORS, for and in consideration of the sum of Seven Hundred Fifty Dollars ($ 760.00), and other valuable consideration paid by the Little Rock Sanitary Sewer Committee, the receipt of which is hereby acknowledged, do 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 Sanitary Sewer Committee, GRANTEE, and unto its successors and assigns forever, the following described easements: A PERMANENT RIGHT, PRIVILEGE AND EASEMENT for the purpose of permitting the Little Rock Sanitary Sewer Committee and the Little Rock Wastewater Utility 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) keeping the easement clear of all buildings and other improvements of any kind; and (c) having the right to free ingress and egress across adjacent lands of the Grantors to the lands hereinafter described. Subject to prior easement of record and except as hereinafter stated, the Little Rock Sanitary Sewer Committee shall have the exclusive use of this right-of-way and easement; and the Grantors 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 Grantors may pave the easement surface and may use it for driveways, walks or parking areas. The Grantors 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 Sanitary Sewer Committee and the Little Rock Wastewater Utility may designate at the time for the protection of its own facilities. This permanent easement shall be upon the following described lands situated in Pulaski County, Arkansas, to -wit: A 10-FOOT WIDE SANITARY SEWER EASEMENT ACROSS A PART OF THE NORTH HALF (N'/-) OF THE SOUTH 150 FEET OF THE EAST 160 FEET OF TRAPNALL BLOCK, STEVENSON ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 10-FOOT SANITARY SEWER EASEMENT, SAID EASEMENT BING 5 FEET ON EACH SIDE OF A CENTERLINE, MORE PARTICULARLY DESCRIBED TO -WIT: COMMENCING AT THE SE CORNER OF SAID N%; THENCE N 03065168" E, ALONG THE WEST RIGHT-OF- WAY OF SHERMAN STREET, A DISTANCE OF 11.49 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING; THENCE N 65°06'16" W, A DISTANCE OF 70.64 FEET TO A POINT; THENCE N 04°32'65" E, A DISTANCE OF 22.61 FEET TO A POINT AND THE TERMINATION POINT OF THIS EASEMENT, SAID EASEMENT BEING BOUNDED ON THE EAST BY THE WEST RIGHT-OF-WAY LINE OF SHERMAN STREET AND ON THE NORTH BY A LINE BEARING S 85027'05" E, FROM THE WEST LINE OF SAID NIA THROUGH THE TERMINATION POINT OF SAID EASEMENT, CONTAINING 932 SQUARE FEET, MORE OR LESS. Upon completion of the initial or subsequent work by the Little Rock Sanitary Sewer Committee, the Little Rock Sanitary Sewer Committee shall backfill and thoroughly compact all excavations to minimize settling and shall level the surface over its excavations and pipelines, remove all excess excavated materials and debris and leave the premises in a Glean sanitary condifien. If the initial or subsequent work by the Little Rack Sanitary Sewer Committee damages any improvements or landscaping upon the right-of-way, Little Ro replace the damaged portion with materials of like quality anc Janet Cathell and Donna Miller Pemanent Easement c"WOOCC �. The execution of this easement does not give the Grantors 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. 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 Grantors covenant with Grantee, its successors and assigns, that subject to prior recorded mortgages and easements, if any, they 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. And we, Janet Cathell and Donna Miller, for and in consideration of said sum of money, do hereby release and relinquish unto said Grantee, and unto its successors and assigns forever, all our right and possibility of curtesy, dower, and homestead in and to the said lands. .,J. Witness our hands this __c2a_ day of A,_4z&,,Ls. 2006. Janet CatheU and Donna Miller Permanent Easement ACKNOWLEDGEMENT STATE OF ARKANSAS COUNTY OF PULASKI 30 0 11.), GI r2 On this day before the undersigned, a Notary Public, duly qualified and acting in and for the county and state aforesaid, personally appeared Janet Cathell, to me well known to be the person whose name appears as the GRANTOR in the foregoing instrument, and stated that she has executed the same for the consideration, uses and purposes therein stated. �J In witness whereof, I hereunto set my hand and seal on the v� day of D um 2006, (11) � DIR CIA 10 A4ma't", Notary Public My Commission Expires: to lal ao (SEAL) STATE OF ARKANSAS COUNTY OF PULASKI T f "berldAL SEAL" DEVIN DANIELLE PUTMAN Notary Public, State of Arkansas r ti....h of &.LmAkE _ My commission Exp. 06/24/2011 ACKNQWLEDGEM NT On this day before the undersigned, a Notary Public, duly qualified and acting In and for the county and state aforesaid, personally appeared Donna Miller, to me well known to be the person whose name appears as the GRANTOR in the foregoing instrument, and stated that she has executed the same for the consideration, uses and purposes therein stated. n }� In witness whereof, I hereunto set my hand and seal on they2 day of JJQUJW&XA— , 2006. aviel W11 VNESE"Airl W. US 911- 1 - I - I F 11 1 6 My Commission Expires: to 1214 W 11 (SEAL) Ot F10AL SEAL" DEVIN DANIELLE PUTAdAN Notary Public, State of Arkansas Janet Cathell and Donna Miller Permanent Easement County of Puloski 4Ay Comm?=�,.an a*. 0612412011