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Home My WebLink About8812M 0 RESOLUTION NO. 8,812 A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO GRANT A RIGHT -OF -WAY EASEMENT FOR THE PURPOSE OF CONSTRUCTING A SEWER LINE OVER A PORTION OF CERTAIN LAND OWNED BY THE CITY OF LITTLE ROCK LOCATED SOUTH OF 36TH STREET AND BOYLE PARK ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS 612 WHEREAS, it is necessary for Little Rock Wastewater Utility to repair and replace certain sewer lines and to acquire an additional easement over certain land owned by the City of Little Rock, Arkansas, located South of 36th Street and Boyle Park Road in the City of Little Rock, Arkansas; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The Mayor and City Clerk are hereby authorized to execute the necessary documents to grant a right -of -way easement to the City of Little Rock for the use and benefit of the Little Rock Sanitary Sewer Committee for the purpose of constructing a certain sewer line on land located South of 36th Street and Boyle Park Road within the City of Little Rock. The right -of -way easement is attached hereto identified as Exhibit "A". ADOPTED: November 4, 1992 ATTEST: ./ At 1.44- 4 9&4t-A'a 4 ROBBIE HANCOCK CITY CLERK APPROVED AS TO FORM: THOMAS M. CARPENTER CITY ATTORNEY APPROVED: SHARON MAYOR + -t b' �' .�i • • "Exhibit A" 613 RIGHT OF WAY EASEMENT KNOW BY ALL MEN THAT PRESENT: THAT the City of Little Rock, GRANTOR, a Municipality existing pursuant to the laws of the State of Arkansas, organized under and by virtue of the laws of the State of Arkansas, by its Mayor and City Clerk, duly authorized by proper resolution of its Board of Directors, for and in consideration of the sum of One Dollar ($ 1 .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 des- cribed easement: 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 and (a) to 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 therefore; (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 GRANTOR(S) to the lands hereinafter described. Subject to prior easements 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 GRANTOR(S) 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(S) may pave the easement surface and may use it for driveways, walks or parking areas. The GRANTOR(S) 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: -1- 614 A 15 foot sanitary sewer easement being a part of the NW 1/4 of the SW 1/4 of Section 13, Township 1 North, Range 13 West, City of Little Rock, Pulaski County, Arkansas, being more particularly described as lying 7.5 feet left of and congruent to and 7.5 feet right of and congruent to the following decribed centerline: Commencing at the Northeast corner of said NW 1/4 of the SW 1/4; thence S 0% 00' 25" W, along the East line of said NW 1/4 of the SW 1/4, 164.01 feet to the Point of Beginning; thence N 76% 31' 08" W, 72.96 feet; thence S 27% 55' 26" W, 253.33 feet to the center of an existing sanitary sewer manhole and the centerline of an existing 20 foot sanitary sewer easement for the end point of said described centerline, containing 4,595 square feet more or less. Also, A TEMPORARY RIGHT, PRIVILEGE AND EASEMENT for the purpose of permitting the Little Rock Sanitary Sewer Committee and the Little Rock Wastewater Uitlity to remove all timber and obstructions therefrom and to make excavations, store excavated materials, tools, supplies and equipment and provide working space. This temporary easement shall begin when the Little Rock Sanitary Sewer Committee and the Little Rock Wastewater Utility commence the initial work on the permanent easement and shall terminate one year after that date or when that work is completed, whichever is earlier. This temporary easement shall be upon the following described lands situated in Pulaski County, Arkansas, to -wit: A 10 foot temporary construction easement, said easement lying 10 feet right of, parallel and congruent to the above described sanitary sewer easement. Upon completion of the initial or any 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 clean sanitary condition. If the initial or any subsequent work by the Little Rock Sanitary Sewer Committee damages any fence, curb or paved surface upon the rights -of -way, the Little Rock Sanitary Sewer Committee, at its expense, shall repair or replace the damaged portion with materials of like quality and as nearly as possible to its prior condition. -2- 615 The execution of this easement does not give the GRANTOR(S) 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. It is hereby understood by the parties hereto that in the event it becomes necessary in the judgment of the City of Little Rock to relocate the sewer line, manhole and appurtenances thereto, to be located within the easement granted herein or such other easement that GRANTOR(S) shall provide at no expense to GRANTEE, that the Little Rock Sanitary Sewer Committee will bear the cost of all such reasonable expenses incurred by the City which are directly attributable to and arise out of the relocation. And GRANTOR(S) covenants with GRANTEE, its successors and assignees, that subject to prior recorded mortgages and easements, if any, it will forever warrant and defend the 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 of enjoyment of said easements and rights. IN WITNESS WHEREOF, the name of the GRANTOR is hereunto affixed by its Mayor and its seal affixed by its City Clerk, this day of 1992. 32 ATTEST: (Corporate Seal) -3- ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI 616 On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, _ and , to me well known who stated that they were the Mayor and City Clerk of Little Rock, a Corporation, and were duly authorized in their respective capacities to execute the foregoing easement for and in the name and behalf of said Corporation, and further stated and acknowledged that they had 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 1992. My Commission Expires: (SEAL) Notary Public ma m m m 36th NE COR. NWI /4, SW� SEC. 13, T -1 —N, R ��` 617 0 i 0 ul h h 3N4 � W IX. MMHOLE R IX. 20• S.S. �Sk7l}Eirr t S4Nnry Sewn EAeemnt A 15 foot mftwV N nemtwn bNno • em of the NWT/4 of the SW 14 d Settle' 13, TowneNy 1 Natty, Rutoe 13 West CHY of little Rock RulesW Ca , Ad s WN mon Pudculed7 detetibW -10-0 7.5 fen 1eh of and oarptaentte *M7.5 feet doht of end eoayrveetm Ne Wowino desedhed cmtadfne: Commendno n the Nonheen Coat' at seal NW114 of Me SWI14; Mmae S 0• 00. 25' W. MOM dwBenonedee1ENWl /4ofthe SWt/4,154.01fenmdteFS of Seal ft tit N76•31• 08' W, 72.96 het dr S27- 65.26' W. 25333 feet wo cent' W m ed4dno s-*wV sewn mw ,, wW the centn0ne of an *Ae m 20 foes Wm v sewn eeumem fn dx and P*n of SSW deeodbed cwmeAne, contaMin 4,595 swan het m of W& ALSO. A 10 foot [mtao,ny tanetoedan ee$av eeW weemot MM 10 feet deft of, aete0af end "'Wm to Me .bow deealbed a ftwy sewn eeeement THIS PLAT IS FOR THE PURPOSE OF ACQUIRING A SANITARY SEWER EASEMENT AND DOES NOT REPRESENT A BOUNDARY SURVEY. ♦'' 1f ++4 SARWfAAIYSEWER EASEHM A PART OF NWI /4, SWI /4 SECTION 13, T -I -N, R -I3 -W LITTLE ROCK, AR (1j) .e e .e eeee�e� OWNER: CITY OF LITTLE ROCK DRAWN BY: V. SLATER DATE: 22 SEPTEMBER 1992