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1 RESOLUTION NO. 11641 NTY CLERK
2004017303
03/03/2004 02:17:86 PH
2 Filed 8 Recorded in
Official Records of
CAROLYN STALEY
3 A RESOLUTION TO AUTHORIZE THE MAYOR AND T fNsKt COUNTY
UIT /COUNTY CLERK
Fees $23.00
4 CITY CLERK TO GRANT A RIGHT -OF -WAY EASEMENT FOR
5 THE PURPOSE OF CONSTRUCTING A SEWER LINE OVER A
6 PORTION OF CERTAIN LAND OWNED BY THE CITY OF
7 LITTLE ROCK, LOCATED IN THE MEADOWCLIFF ADDITION
8 OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR
9 OTHER PURPOSES.
10
11 WHEREAS, it is necessary for Little Rock Wastewater Utility to construct certain
12 sewer lines and to acquire an additional easement over certain land owned by the City
13 of Little Rock, Arkansas, located in the Meadowcliff Addition in the City of Little Rock,
14 Arkansas.
15 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
16 THE CITY OF LITTLE ROCK, ARKANSAS:
17 Section 1. The Mayor and City Clerk are hereby authorized to execute the
18 necessary documents to grant a right -of -way easement to the City of Little Rock for the
19 use and benefit of the Little Rock Sanitary Sewer Committee for the purpose of
20 constructing a certain sewer line on land located in the Meadowcliff Addition, within
21 the City of Little Rock. The right -of -way easement is attached hereto, identified as
22 Exhibit "A ".
23 Section 2. Severability. In the event any title, section, paragraph, iterly,seWenoce,
24 clause, phrase, or word of this resolution is declared or adjudged..f6- .Ve <irN' id:,9r�•.♦
25 unconstitutional, such declaration or adjudication shall not affe&.'A e 'xema1 ih1
[PAGE 1 OF 21 tf) l; i k• �s�' ; yv
Resolution
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To authorize ROW easement to LR Sanitary Sewer Committee a', 00
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portions of the resolution which shall remain in full force and effect as if the portion so
declared or adjudged invalid or unconstitutional was not originally a part of the
resolution.
Section 3. Repealer. 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are inconsistent with the provisions of this resolution, are hereby repealed to the extent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: December 16, 2003
ATTEST: APPROVED:
N aii \c y Wo /d, City Clerk
APPROVED AS TO FORM:
15
16 Thomas M. Carpenter, City Ate torney
17 H
18 H
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[PAGE 2 OF 21
Resolution
To authorize ROW easement to LR Sanitary Sewer Committee
1
Jim qley, Mayor
•
RIGHT OF WAY EASEMENT
KNOW BY ALL MEN THAT PRESENT:
20004104
2004017303
•
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 described 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,
own, operate, maintain, repair, replace, reconstruct, test, inspect, permit
construction and maintenance of any connections thereto and add sewer mains and
sewer lines whether one or more, appurtenances thereto, including those needed
for automatic data measurement and transmission, now and at different times in
the future, 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 their
own facilities. This permanent easement shall be upon the following described
lands situated in Pulaski County, Arkansas, to -wit:
A permanent sanitary sewer easement across a part of the Southwest 1/4 of the
Southeast 1/4 of Section 24, Township 1 North, Range 13 West, Pulaski County,
Arkansas, more particularly described as follows: A 30 foot wide easement being
15 feet on each side of a centerline more particularly described to -wit:
Commencing at a found iron pin at the Northwest corner of Lot 213 Meadowcliff
Addition to the City of Little Rock, Pulaski County, Arkansas, thence N
33 015158" W a distance of 103.04 feet to a point said point being the Point Of
Beginning thence; N 19'41104" W a distance of 174.14 feet to a point and the
termination point of this easement, containing 5225 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 clean sanitary
condition. If the initial or any subsequent work by the Little Rock Sanitary
1
Exhibit "A"
0 0
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 service shall be subject to the rules, regulations, 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 or nominal
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 , 2003.
By:
Jim b, iley, Mayor
Attest:
n y Woo CiCy Clerk
2
Exhibit "A"
0 0
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,
Jim Dailey and Nancy Wood, to me well known who stated that they were the Mayor
and City Clerk of Little Rock, a municipality existing pursuant to the laws of
the State of Arkansas, and were duly authorized in their respective capacities
to execute the foregoing easement for and in the name and behalf of said
municipality, 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
2003.
`rin
Not ry Public
My Commission Expires:
(o- 18-12
(SEAL)
S 84o
:NOTARY* �r�9�
o'. PUBLIC
G . 0 11. Q
3
Exhibit "A"
2004004 04
2004017303
Description: Oermanent Sanitary Sewer Easement alks a part of the
Southwest 1/4 of the Southeast 1/4 of Section 24, Township 1 North, Range 13
West, Pulaski County, Arkansas, more particularly described as follows: A 30
foot wide easement being 15 feet on each side of a centerline more particularly
described to wit: Commencing at a found iron pin at the Northwest comer of Lot
213 Meadowcliff Addition to the City of Little Rock, Pulaski County, Arkansas,
thence N33" 15' 58" W a distance of 103.04 feet to a point said point being the
Point Of Beginning thence; N190 41'04" W a distance of 174.14 feet to a point
and the termination point of this easement, containing 5225 square feet more or
less.
■
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THIS PLAT IS FOR THE PURPOSE OF AOUIRING A SANITARY
SEWER EASEMENT AND DOES NOT REPRESENT A
BOUNDARY SURVEY
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Easement
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O VWastewater 60 Ft/In 12 -3 -2003 J. Mizell
Utility
3-0311 1/1 1/1