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HomeMy WebLinkAbout10784I RESOLUTION NO. 102784 2 A RESOLUTION TO AUTHORIZE AN EASEMENT 3 BETWEEN THE CITY AND SOUTHWESTERN BELL 4 TELEPHONE COMPANY TO INSTALL s COMMUNICATIONS FACILITIES IN RESERVOIR 6 PARK; AND FOR OTHER PURPOSES. 7 WHEREAS, the City has been approached by Southwestern Bell Telephone 8 Company about an easement to install communications facilities in Reservoir Park, and 9 WHEREAS, it has been recommended that the City grant this easement since 10 this particular placement will not have any negative impact upon the use of the park, or 11 the aesthetics of the park, 12 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF 13 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: 14 Section 1. The Mayor and City Clerk -- in office on the date the easement is 15 executed -- are authorized to execute an easement to Southwestern Bell Telephone 16 Company in a form substantially the same as that attached as exhibit A to this 17 Resolution. 18 Section 2. To the extent provided bylaw, the City reserves the right to cancel 19 this easement at any time in the future that it is determined to be in the best interests of 20 the City to do so. 21 ADOPTED: March 21, 2000 22 ATTEST: APPROVED: 23 �n 24 25 Nano Wo d, City Clerk Jim ailey, Mayor 26 APPROVED AS TO LEGAL FORM: 27 28 29 Thomas M. Carpenter, ity Attorney City of Little Rock • 500 West Markham Little Rock, AR 72201 • WR If 9964 ESA 41 Esmt I EASEMENT FOR EQUIPMENT STATION THIS EASEMENT, entered into by the undersigned, herein referred to as GRANTORS, and SOUTHWESTERN BELL TELEPHONE COMPANY, GRANTEE, wherein GRANTORS, in consideration of the sum of One thousand dollars & 0100 Dollars ($ 1000.00 ), and other valuable consideration, receipt of which is hereby acknowledged, do by these presents GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns, a permanent easement to construct, operate, maintain, reconstruct, enlarge, fence and remove a communications equipment station upon the following described land, situated in Pulaski County, State of Arkansas and described as follows: A 15' x 20' easement located in a part of the SE Y4 of the SW ''A of Section 26, T -2 -N, R -13 -W. Beginning at a point located 215' north of the junction of the east boundary line of Reservoir Park and the north right -of -way line of Reymere Drive and 15' west of said east boundary thence north 20', thence west 15', thence south 20', thence east 15' to the point of beginning. TO HAVE AND TO HOLD same, together with all rights and appurtenances to the same belonging, unto Grantee, its successors assigns forever, including (1) the right to connect said station with the Grantee's communications systems by means of aerial and underground cables, wires and antennas, (2) the right to enclose said land with a fence, (3) the right of ingress and egress to and from said station, (4) the right to construct, operate and maintain, or license other to do, service lines for electric power and telephone and (5) to clear and keep cleared all trees, overhanging branches, roots, brush and other obstructions from said land. Grantors covenant that they and their heirs, successors, administrators and assigns shall and will WARRANT AND DEFEND the title to the premises unto the said Grantee, and to its successors and assigns forever against the lawful claims of all persons whomsoever; and further that the Grantee, its successors and assigns, may quietly enjoy the premises for the uses herein stated. Grantors warrant that they have no knowledge of environmental hazards affecting the land, except those disclosed to Grantee. Grantors agree to hold Grantee harmless for liability arising from undisclosed environmental hazards. C Signed and executed this day of , 20_ ]y(A ,� " V-" ` O�� 716014465 1 r Dat —%y, Mayor Federal Tax ID# V wa"4 4li��l/JY� Robbia Han City Clerk Witness: (Corporate Seal) ATTEST: By Secretary President ACKNOWLEDGMENT THE STATE OF COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person_ whose name is/are subscribed to the foregoing instrument and acknowledged to me that _he/they executed the same for purposes and considerations therein expressed. Given under my hand and seal of office this the day of , A.D. 20_ This insvuvrenr w prepared by swthwcsscm Bell Telephone Co. Notary Public in and for County, State of I I I I W. C,Piat My Commission Expires Unle Rock, AR 72203 3 w z 0 RESERVOIR PARK is, 15' 15' 15' PROPOSED EASEMENT U �I �10' EASEMENT ANDOVER PLACE CONDOS i EXISTING EASEMENT —10' EASEMENT SEC. 26 SOUTHWESTERN BELL T -2 -N TELEPHONE CO. R -13 -V WR 9964 COMMUNICATION EASEMENT DSA 2166 2/. EASEMENT a CAPITOL EXCHANGE TO: City of Little F Department of Parks and Recreation CY CARNEY CITY MANAI FROM: BRYAN DAY PARKS AND SUBJECT: UTILITY City Hall -Room 108 500 West Markham Little Rock, Arkansas 72201 -1495 DATE: FEBRUARY 16, 2000 EASEMENT 501- 371 -47701 Fax 501- 371 -6832 RECE'VF__` FEB 17 2000 Attached is a copy of an easement for a communications company to install a piece of equipment adjacent to their existing easement at Reservoir Park. Staff has met with South Western Bell's representative and they have agreed to landscape the area to our standards. I recommend that this easement be forwarded to the City Board for approval and that the $1,000 be place into a park property acquisition fund. This symbolic gesture will allow the department to address concerns raised by the community. This issue of utility easements on park property is a complex one and staff will review our current policy during the masterplanning process. I have forwarded this information to the City Attorney and City Clerk. If you have questions, please feel free to contact me. Attachment