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RESOLUTION NO. 8,944
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 LOCATED NORTH OF NORMANDY AND
CANTRELL ROADS IN THE CITY OF LITTLE ROCK,
ARKANSAS.
295
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 north of Normandy and Cantrell Roads 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 the City Clerk are hereby
authorized to execute the necessary documents to grant a
right -of -way easement to the City for the use and benefit of the
Little Rock Sanitary Sewer Committee for the purpose of
constructing a certain sewer line on land located north of
Normandy and Cantrell Roads within the City of Little Rock. The
right -of -way easement is attached hereto identified as Exhibit
"AN.
ADOPTED: July 6, 1993
ATTEST:
O
CITY CLERK
APPROVED AS TO FORM:
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Exhibit "A"
RIGHT OF WAY EASEMENT 296
(CITY)
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
ex --ept 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:
A 25 foot sanitary sewer easement being a part of the Public Park, Normandy, an
addition to the City of Little Rock, Pulaski County, Arkansas, said easement being
-1-
more particularly described as lying 12.5 feet left of and congruent to and 12.5 feet
right of and congruent to the following described centerline:
Commencing at a found iron pin for the Northwest corner of Lot 9, Normandy, said
corner lying on the Easterly right -of -way line of Normandy Road, a 20 foot right -of-
way; thence N 170 20' 12" W, along said Easterly right -of -way line, 27.6 feet to the
Point of Beginning of said described centerline and said 25 foot easement; thence N
520 54' 40" E, 129.1 feet to a point on the Westerly right -of -way line of Garfield
Street, a 20 foot right -of -way, for the end point of said described centerline,
containing 3,228 square feet more or less.
And,
A 15 foot sanitary sewer easement being a part of the Public Park, Normandy, an
Addition to the City of Little Rock, Pulaski County, Arkansas, said easement 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 described_ centerline:
Commencing at a found iron pin for the Northwest corner of Lot 9, Normandy, said
corner lying on the Easterly right -of -way line of Normandy Road, a 20 foot right -of-
way; thence N 170 .20' 12" W, along said Easterly right -of -way line, 27.6 feet;
thence N 520 .54' 40" E, 92.3 feet; thence 280 23' 10" E, 12.7 feet to the Point
of Beginning of said described centerline and said 15 foot easement, thence
continuing S 280 23' 10" E, 59.9 feet to a point on the Westerly right -of -way line
of Garfield Street, a 20 foot right -of -way, for the end point of said described
centerline, containing 899 square feet more or less.
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 ciean 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.
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.
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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 1993.
By:
ATTEST:
(Corporate Seal)
-3-
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF PULASKI )
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
My Commission Expires:
(SEAL)
Notary Public
In
1993.
299
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THIS PLAT IS FOR THE
PURPOSE OF ACQUIRING
A SANITARY SEWER
EASEMENT AND DOES
NOT REPRESENT A
BOUNDARY SURVEY.
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fr4 SMQTARY HEWER
V 1 EA-'AB W
PUBLIC PARK, NORMANDY ADDITION
UTiLE ROCK,. AR
300
OWNER:
CITY OF LITTLE ROCK
DRAWN BY: V. SLATER
DATE 27 MAY 1993