HomeMy WebLinkAbout12448RESOLUTION NO. 12,448
A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND CITY
CLERK TO SIGN AN EASEMENT EXCHANGE AGREEMENT WITH MAUMELLE
SUBURBAN IMPROVEMENT DISTRICT NO. 500 ( "DISTRICT 500 ") IN ORDER TO
CONVEY NEW EASEMENT IN EXCHANGE FOR OWNERSHIP TO AN EXISTING
WATER PIPELINE AND DISTRICT 500's EASEMENT ON CERTAIN PROPERTY
PURCHASED FOR CONSTRUCTION OF THE LITTLE MAUMELLE TREATMENT
PLAN BE APPROVED, AS RECOMMENDED BY THE LITTLE ROCK SANITARY
SEWER COMMITTEE.
WHEREAS, the City of Little Rock for the use and benefit of the Little Rock Sanitary
Sewer Committee ( "CLR/LRSSC ") owns certain property for construction of the Little
Maumelle Treatment Plant ( "the plant property ") and there are located on the plant property both
a 50' wide water line easement and a waterline, 16 ", more or less, ( "pipeline ") diagonally across
the plant property, and title to the pipeline needs to be relocated to the northern perimeter of the
plant property; and,
WHEREAS, the Little Rock Sanitary Sewer Committee ( "LRSSC ") by Little Rock
Wastewater ( "LRW ") has negotiated with District 500 to enter into a contract with District 500
to accomplish this transfer and relocation, whereby a new 50' wide water line easement is
granted to District 500 in exchange for District 500 granting all of its interest and title in the
existing pipeline and 50' water line easement, originally granted by Roy Sturgis and Christine
Sturgis, his wife, by deed dated June 24, 1942, and filed of record on August 18, 1942, in Deed
Book 287, Page 500, Records of Pulaski County, Arkansas, Document No. 63757, the locations
all being shown on Exhibit "A" attached herein, and incorporated by reference herein, in favor of
the CLR/LRSSC, so that the existing waterline and easement will not interfere with any
construction by LRSSC of the LMTP on the plant property in the future; and,
WHEREAS, LRSSC has approved this exchange and recommended approval by the City
of Little Rock Board of Directors, as well as authorization for the Mayor to sign the Agreement,
and it is in the best interest of the parties for the CLR Board of Directors to approve this transfer
and exchange and authorize execution of the necessary documentation and contract to effect this
transfer and exchange, in accordance with the provisions of the Easement Exchange Contract
attached hereto as Exhibit "I";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LITTLE ROCK BOARD
OF DIRECTORS that:
The easement exchange contract with District No. 500, attached as Exhibit "I",
whereby the existing 50' wide water line easement is exchanged for a like
easement and also the existing waterline is transferred to CLR for the use and
benefit of LRSSC, as shown on Exhibit "A ", is hereby approved and authorized;
and,
2. The Mayor and City Clerk are hereby authorized to execute the easement
exchange contract between the City of Little Rock, Arkansas, for itself and for the
use and benefit of the Little Rock Sanitary Sewer Committee with Maumelle
District 500 for the purpose of effecting the exchange of easements and transfer of
the existing waterline, as set forth in Exhibit "I", attached hereto.
3. 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 forth and effect as if the portion so declared
or adjudged invalid or unconstitutional was not originally a part of the resolution.
4. 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.
ADOPTED: February 20, 2007
ATTEST:
N cy Woo ity Clerk
APPROVED AS TO FORM:
Thomas M. Carpen er, Cityvttorney
I
APPROVED:
Mark Stodola, Mayor
Erma Hendrix, Director (Ward 1)
2807614192
82/23/2887 18:21:25 AM
Filed 8 Recorded in
Official Records of
PAT O'BRIEN
PULASKI COUNTY
EXCHANGE OF EASEMENfIT /COUNTY CLERK
s $41.88
KNOW ALL BY THESE PRESENTS:
That CITY OF LITTLE ROCK, FOR THE USE AND BENEFIT OF LITTLE
ROCK SANITARY SEWER COMMITTEE ( "CLR /LRSSC ") and MAUMELLE
SUBURBAN IMPROVEMENT DISTRICT NUMBER 500, an Arkansas suburban
improvement district, 90 Lake Point Place, Maumelle, Arkansas
72113, which is also known as Maumelle Water Management, and is
the successor in interest to the Maumelle New Town Water and
Sewer Suburban Improvement District No. 306 ( "Maumelle No.
500 ") , do hereby memorialize and record their agreed exchange of
easements and transfer of any right, title or interest in a
section of a certain water pipeline across that property owned
by CLR /LRSSC described herein and shown on Exhibit "A" attached
hereto, located in Pulaski County, Arkansas, to -wit:
CLR /LRSSC TO MAUMELLE NO. 500
CLR /LRSSC, for good and valuable consideration and the
relinquishment of the "Existing Easement" and the existing 16"
water pipe line shown and described in Exhibit "A," consisting
of one page, and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged does hereby grant,
bargain and convey unto MAUMELLE NO. 500, and unto its
successors and assigns, a nonexclusive subsurface easement for
the purpose of constructing, installing, and laying, and
hereafter using, operating, inspecting, repairing, maintaining,
and replacing one (1) sixteen (16 ") waterline, or smaller, as
well as other general utilities under the following lands
situated in the City of Little Rock, Pulaski County, Arkansas,
to -wit:
IS
5 o�
A general purpose underground waterline utility
easement 50' in width, being a part of the South Half
of the Southeast Quarter of Section 10, Township 2
North, Range 14 West, City of Little Rock, Pulaski
County, Arkansas, said easement lying 25 feet left of
and 25 feet right of the following described
centerline:
Commencing at a stone marking the Northwest corner of
the Southwest Quarter of the Southeast Quarter of said
Section 10; thence S 880 55' 32" E along the North
line of said Southwest Quarter of the Southeast
Quarter, 250 feet to an iron pin; thence S 01 039' 45"
W, 434.09 feet, to the Point of Beginning of said
Approved by
Maumelle Distc. 500 Comm.
on 1/16/07
centerline; thence N 71 005155" E, 80.10 feet; thence
N 010 39' 45" E, 331.59 feet; thence S 88 055' 32" E,
904.15 feet; thence N 71° 05' 55" E, 222.27 feet to a
point on the North line of the Southeast Quarter of
the Southeast Quarter of said Section 10 and the Point
of Termination of said centerline, said easement being
bounded on the West by a line bearing N 01 °39' 45" E
passing through the Point of Beginning and bounded on
the North by the said North line of the Southeast
Quarter of the Southeast Quarter, bearing S 880 26'
42" E,
Also,
Commencing at a stone marking the Northwest
corner of the Southwest Quarter of the Southeast
Quarter of said Section 10; thence S 880 55' 32"
E along the North line of said Southwest Quarter
of the Southeast Quarter, 250 feet to an iron
pin; thence S 01 039' 45" W, 75.0 feet, to the
Point of Beginning of said centerline; thence S
88 655' 32" E, 50.0 feet to a point on the West
line of the above described easement and the
Point of Termination of said centerline, said
easement being bounded on the West by a line
bearing N 01 °39' 45" E passing through the Point
of Beginning and bounded on the East by the said
West line of the above described easement,
bearing N 01° 39' 45" W, all containing 1.82
acres more or less (the "New Easement ") . The New
Easement is further described and illustrated in
"Exhibit A," which is attached hereto and made a
part hereof.
TO HAVE AND TO HOLD unto Maumelle No. 500, its successors
and assigns, subject to the following terms and conditions:
1. The New Easement represents a servitude upon the lands
of CLR /LRSSC for the purposes herein described and does not
represent a conveyance of title or fee to said lands of
CLR /LRSSC or its successors and assigns. There shall be no
limitation upon when, if ever, Maumelle No. 500 shall be
required to use the New Easement area.
2 Approved by
Maumelle Distc. 500 Comm.
on 1/16/07
2. CLR /LRSSC, its successors and assigns, reserve the
surface and subsurface uses of the land not otherwise granted
under the New Easement. Specifically, CLR /LRSSC, its successors
and assigns, reserve the right to cross the New Easement with
utilities and roads so long as such actions and uses do not
unreasonably interfere with Maumelle No. 500's rights granted
herein. Maumelle No. 500 shall otherwise have the right to
erect minimally intrusive and periodic above ground improvements
as may be reasonably necessary for the exercise of the easement
rights herein granted. Said improvements shall not be
aesthetically displeasing to CLR /LRSSC, its successors and
assigns. Aesthetic approval of said above ground improvements
shall not be unreasonably withheld, delayed or conditioned.
3. Maumelle No. 500 shall have the right to use the New
Easement for the purposes expressed herein, but shall not have
the right, or the right to permit others, either directly or
indirectly, to use it for purposes other than as expressly
permitted hereby without having obtained the prior written
consent of LRSSC, its successors and assigns. Said written
consent shall not be unreasonably withheld, delayed or
conditioned.
4. Maumelle No. 500 shall compensate LRSSC, its
successors and assigns, for any and all damages to any land of
LRSSC which arise out of or are incident to any uses of the New
Easement by Maumelle No. 500 which are not permitted herein,
whether said land be located within or adjacent to the New
Easement area.
5. Maumelle No. 500 shall bury all utilities so that the
top levels of such are at least thirty -six inches (36 ") below
the surface of the ground, or deeper if otherwise required by
ordinance or statute or by Entergy in connection with its
existing easement. Said utilities shall be buried so as to not
unreasonably interfere with the surface use or the natural
drainage of the land, except as otherwise provided herein.
LRSSC, its successors and assigns, shall not be liable in the
event that any of Maumelle No. 500's property is damaged if
these provisions are not followed.
6. CLR /LRSSC represent and warrant that it is the owner
of the New Easement and that it has all requisite right, power
and authority to enter into this Agreement and to convey the New
Easement to Maumelle No. 500. The New Easement is granted with a
special warranty of title, but is otherwise granted "as is" and
3 Approved by
Maumelle Distc. 500 Comm.
on 1/16/07
subject to all recorded restrictions and easements including the
AP &L easement shown on Exhibit "A ". CLR /LRSSC make no other
warranties of any kind whatsoever, either expressed or implied.
7. Should there be an agreed termination of the New
Easement between CLR /LRSSC, its successors and assigns, and
Maumelle No. 500, and within six (6) months thereafter, Maumelle
No. 500 shall have the right to remove from the New Easement all
utilities or other appurtenances installed or placed upon or
underneath the New Easement. Any improvements not removed by
Maumelle No. 500 within the aforementioned six (6) month period
after the agreed termination shall become the separate property
of CLR /LRSSC, its successors and assigns. LRSSC, its successors
and assigns, at its option, upon any agreed termination may
require Maumelle No. 500 to remove all improvements or pay the
costs of such removal. In addition, upon an agreed termination,
LRSSC at its option, may require Maumelle No. 500 to return the
surface to its original condition or as near as practical; and,
provided further, that if a third party ever files a lawsuit or
legal claim to challenge the status of Maumelle No. 500's title
to a section of Maumelle No. 500's Existing Easement and
waterline located on such third party's property and in
connection with such lawsuit it is ever at any time expressly
determined by a court of competent jurisdiction by a final, non -
appealable order that such section of Maumelle No. 500's
Existing Easement and waterline located on such third party's
property has been abandoned and that as a result Maumelle No.
500 has no further right, title or interest in the other
sections of its Existing Easement and waterline, including those
sections conveyed by Maumelle No. 500 herein, then the
conveyance by CLR /LRSSC of the "New Easement" shall be null and
void, of no effect and Maumelle No. 500 shall have no further
right title or interest in that property described as the "New
Easement ", provided however, in such event, Maumelle No. 500
shall have no liability to CLR /LRSSC for any actions taken by it
in the exercise of its easement rights granted it herein prior
to such judicial determination of abandonment nor shall Maumelle
No. 500 or its attorneys have any obligation to refund or return
any monies paid by CLR /LRSSC to Maumelle No. 500 or its
attorneys as a condition to or consideration for Maumelle No.
500's execution of this Exchange of Easements.
8. LRSSC expressly reserves the right to
lands within the New Easement area as part of
treatment plant to be constructed on property shown
"A" attached hereto, provided such inclusion
If Approved by
Distc. 500 Comm.
on 1/16/07
include the
its sewage
on Exhibit
does not
Maumelle
unreasonably interfere with the easement rights granted Maumelle
No. 500 herein. Maumelle No. 500 shall not fence the New
Easement area, however, it may erect signs identifying the
location of its easement or any of its improvements. LRSSC, its
successors and assigns, expressly reserve the right to fence,
pave sidewalks /roadways, and /or landscape, and thereafter
maintain, the surface of the easement area. Maumelle No. 500
may remove said fencing, sidewalks /roadways and landscaping as
is reasonably necessary and consistent with its rights granted
herein.
9. No waiver by LRSSC or failure by it to require strict
and punctual performance by Maumelle No. 500 of any of the
terms, conditions, provisions or obligations of this agreement,
or any other forbearance, indulgence or sufferance granted to or
shown Maumelle No. 500, or any practice involving any such
waiver, forbearance, sufferance or indulgence, however long
continued or under whatsoever conditions, shall constitute a
waiver by LRSSC of the right at any subsequent time to strict,
full and punctual performance of Maumelle No. 500's obligations
hereunder.
MAUMELLE NO. 500 TO CLR /LRSSC
Maumelle No. 500, for good and valuable consideration and
the New Easement granted herein, and for other valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged does hereby grant, convey, transfer, and fully
forever release unto the City of Little Rock, for the use and
benefit of the Little Rock Sanitary Sewer Committee, all right
and title to both the section of an existing water line (which
is shown on Exhibit "A" and further described below), and also
that part of the easement being originally granted by Roy
Sturgis and Christine Sturgis, his wife, in favor of the United
States of America, as set forth in the Easement Deed executed on
June 24, 1942, filed for record August 18, 1942, in Deed Book
287, Page 500, Records of Pulaski County, Arkansas, Document No.
63757, incorporated by reference, as that part of said easement
is located on the following described property, located in
Pulaski County, Arkansas:
All that part of the South Half of the
Southeast Quarter of Section 10, Township 2
North, Range 14 West, Pulaski County,
Arkansas more fully described as follows:
5 Approved by
Maumelle Distc. 500 Comm.
on 1/16/07
Commencing at a stone marking the northwest
corner of the Southwest Quarter of the
Southeast Quarter of said section 10 run
thence S 88 055132" E along the north line
thereof for a distance of 250.00 feet to a
5/8" dia. rebar with cap #1199 marking the
northwest corner of this tract and Point of
Beginning of the lands to be described
herein.
Thence continue S 88 °55'32" E along the said
north line for at a distance of 1081.43 feet
to a 5/8" dia, rebar marking the northeast
corner of said Southwest Quarter of the
Southeast Quarter;
Thence S 88 026142" E for a distance of
307.95 feet to a 5/8" dia. rebar marking the
northeast corner of this tract;
Thence S 01 039'45" W for a distance of
600.00 feet to a 5/8" dia. rebar with cap
#1199 marking the southeast corner of this
tract;
Thence N 88 °26142" W parallel with the north
line of the Southeast Quarter of the
Southeast Quarter for a distance of 307.95
feet to a 5/8" dia. rebar with cap #1199;
Thence N 88 °55132" W parallel with the said
north line of the Southwest Quarter at a
distance of 0.65 feet pass a point on the
east line of the Southwest Quarter of the
Southeast Quarter, and in all 1081.43' feet
to a 5/8" dia. rebar with cap #1199 marking
the southwest corner of this tract said
point being 250.00 feet east of the west
line of the said Southwest Quarter of the
Southeast Quarter;
Thence N 01 039135" E parallel with the said
west line for a distance of 600.00 feet to
the Point of Beginning and containing 14.89
acres in the SW1 /4 SE1 /4, 4.25 acres in the
6 Approved by
Maumelle Distc. 500 Comm.
on 1/16/07
SE1 /4 SE1 /4, 19.14 acres in all more or less
(the "Existing Easement ").
And, also a section of water line located over certain property
illustrated in Exhibit "A" attached hereto and being described
as being a water line 16" in diameter, more or less, located on
a part of the South Half of the Southeast Quarter of Section 10,
Township 2 North, Range 14 West, City of Little Rock, Pulaski
County, Arkansas, with the following described centerline:
Commencing at a stone marking the Northwest
corner of the Southwest Quarter of the Southeast
Quarter of said Section 10; thence S 880 55' 32"
E along the North line of said Southwest Quarter
of the Southeast Quarter, 250 feet to an iron
pin; thence S O1 °39' 45" W, 434.09 feet, to the
centerline of an existing 16" waterline for the
Point of Beginning of said centerline; thence N
71 005155" E, along the centerline of said
existing 16" waterline, 1,268.00 feet to a point
on the North line of the Southeast Quarter of the
Southeast Quarter of said Section 10 and the
Point of Termination of said centerline (the
"Existing Water Line ").
TO HAVE AND TO HOLD unto CLR /LRSSC, its successors and
assigns, subject to the following terms and conditions:
1. Maumelle No. 500 shall have the right but not the
obligation within ninety (90) days, beginning on the execution
date of this instrument, to remove all items and appurtenances
related to the Existing Water Line or Existing Easement (water
line and easement). Any items and appurtenances remaining after
said ninety (90) days shall become the separate property of
LRSSC and LRSSC shall be solely responsible for any further
removal of said items and appurtenances.
2. Ninety (90) days after the execution of this
instrument, the Existing Easement and Existing Water Line shall
no longer represent a servitude, implied or expressed, upon the
above - described land in any manner by Maumelle No. 500, its
predecessors in title or interest, or its successors and
assigns, or by any other party(ies) claiming any such interest
on any basis whatsoever, provided however, it is expressly
agreed that all portions of the Existing Easement and Existing
Water Line which lie outside of the above described land are
7 Approved by
Maumelle Distc. 500 Comm.
on 1/16/07
retained by Maumelle No. 500 and are not a part of this
conveyance.
3. The Existing Easement is granted with a special
warranty of title, but is otherwise granted "as is" and subject
to any recorded restrictions or easements including the AP &L
easement shown on Exhibit "A" attached hereto. Maumelle No. 500
makes no other warranties of any kind whatsoever, either
expressed or implied. Maumelle No. 500 makes no warranties or
representations whatsoever as to the Existing Water Line.
4. LRSSC shall compensate Maumelle No. 500, its
successors and assigns, for any and all damages, which may be
inflicted by LRSSC's operations upon Maumelle No. 500's New
Easement and permitted improvements located therein.
5. No waiver by Maumelle No. 500 or failure by it to
require strict and punctual performance by LRSSC of any of the
terms, conditions, provisions or obligations of this agreement
or any other forbearance, indulgence or sufferance granted to or
shown LRSSC, or any practice involving any such waiver,
forbearance, sufferance or indulgence, however long continued or
under whatsoever conditions, shall constitute a waiver by
Maumelle No. 500 of the right at any subsequent time to strict,
full and punctual performance of LRSSC's obligations hereunder.
6. As a condition to its execution of this Exchange of
Easements, contemporaneously with the full execution of this
Exchange of Easements, LRSSC shall make payment to Maumelle No.
500 for the full amount of the attorney's fees incurred by
Maumelle No. 500 in connection with this transaction.
IN WITNESS WHEREOF, this instrument is executed by the fully
authorized officers of the City of Little Rock for the use and
benefit of the Little Rock Sanitary Sewer Committee and by the
duly authorized Commissioners of MAUMELLE SUBURBAN IMPROVEMENT
DISTRICT NUMBER 500 on this y2a( day of $ j , 2007.
CITY OF LITTLE ROCK, ARKANSAS
For the Use an Benefit of
The Lit a R04/Sanitary
Sewer, Cbmmitt
BY: dm /
Ma odola, Mayor
ATTEST:
8 Approved by
Maumelle Distc. 500 Comm.
on 1/16/07
Nan Wood, City Clerk
Approved by
Maumelle Distc. 500 Comm.
on 1/16/07
APPROVED:
Tom Carpenter, City ttorney
LRSSC Ch it
e-4- IL;
LRW .E.0.
MAUMELLE SUBURBAN IMPROVEMENT
Commissioner
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF P4 �I
ON THIS THE �" day of .- , 2007, before me, a
Notary Public, personally , appeaAdO Mark Stodola, who
acknowledged himself to be the Mayor of Little Rock, Arkansas,
and Nancy Wood, who acknowledged herself to be the City Clerk of
Little Rock, Arkansas, and that they, as such Mayor and City
Clerk, being authorized so to do, executed the foregoing
instrument for the consideration and purposes therein contained.
IN WITNESS WHEREOF,
seal.
MyComm//isF /.sip /() /n
Expires:
(SEAL)
---
-
-----------------
CHERYLE.DODSON
A;� rt
Pulaski County
My Commission Expires
October 24, 2012
I hereunto set my hand and official
4
Notary lublic
10 Approved by
Maumelle Distc. 500 Comm.
on 1/16/07
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF Pik )
4ul /,,)e/L
ON THIS THE day of fuGt46 2007, before me,
a N tary,Public, personally ap red _
and '
dz��il2s � %' � who
acknow e g d themselves to be t Commi sinners of the Maumelle
Suburban Improvement District Number 500 and that they, as such
Commissioners, being authorized so to do, executed the foregoing
instrument for the consideration and purposes therein contained.
IN WITNESS WHEREOF,
seal.
My Commission Expires:
raj /' �.//
(SEAL)
OFFICIAL SEAL
TAVINA MARIE RICHARDSON
NOTARY PUBLIC, FAULKNER CO., AR.
MY COMMISSION EXPIRES AUGUST 1, 2011
I hereunto set my hand and official
Notary Publ'c
11 Approved by
Maumelle Distc. 500 Comm.
on 1/16/07
EXHIBIT "A"
%" Rebar w /Cap Reference
Survay Stone f
Rebar w)Cap Reference survcy for CDM Assoc.
Val' Dated: 8.31/05 Northcast
�Nortbwnst Cornor SW Y SE Y4 by NTB B Assoc. Dated: 8/31/05 Northcast
Ser -10, T- 2- N,R -14-YV Comer SW Y SE y Sec.10. T- 2- N.R -I4 -W Corder SE Y4 SE Y4 Sec. 10.
T- 2- N,R -14 -W
S 88" 55 32'E 75 _ S 88" 26 42' E. 307.95
_S88'S5';l2 "E, 108!.43
`i50' EASEMENT i' 1 .i�� -'- SF8 ? 72'E
POD (j N71 "05'55 "E, .
CE S 88'55l 32"
E, 25 �.. -'.' 222.27'
904.15 25'
1 �N01599'45 "W. W.
z.
Or N 71" 05'55" E,
80.10', - -��� �mant and i;kg 3! I Is
oFOR
< m
N 88' 55'32" W. 1081.49 88'T6 42' W. 30 .95 J
N
W E 0 60 120
S 11 ?.. �•11I I,I
Exhibit "A"
To
CLR /LRSSC TO /FROM MAUMELLE
SUBURBAN IMPROVEMENT DISTRICT
NUMBER 500, EASEMENT EXCHANGE, being
a drawing showing the "New Easement," (which
is shaded) the "Existing Easement" per
Sturgis, et ux deed dated 6/24/42 (Book 287,
page 500, Pulaski County Circuit Clerk
Document No. 63757), and the existing water
line having a diameter of 1611, more or less,
all situated in Pulaski County, AR, as
described in the exchange of easements
agreement consisting of 10 pages with this
Exhibit "A" attached, numbered Page
12 Approved by
Maumelle Distc. 500 Comm.
on 1/16/07