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1 RESOLUTION NO. 8,194
2
3 A RESOLUTION AUTHORIZING THE MAYOR, AND CITY CLERK
4 TO EXECUTE A RIGHT -OF -WAY EASEMENT FROM THE CITY OF
5 LITTLE ROCK TO THE LITTLE ROCK SANITARY SEWER
61 COMMITTEE AND THE LITTLE ROCK WASTEWATER UTILITY FOR
7 THE PURPOSE OF EXTENDING A SEWER LINE ACROSS TAYLOR
8 LOOP PARK.
9
10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY BOARD OF
11 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
12 SECTION 1. The Mayor and City Clerk are hereby authorized
13 to execute an Easement on behalf of the City of Little Rock,
14 Arkansas, wherein the City of Little Rock, as GRANTOR, does grant
15 to the Little Rock Sanitary Sewer Committee and the Little Rock
16 Wastewater Utility a permanent easement upon a certain parcel of
17 land lying and being situated in Pulaski County, Arkansas more
18 particularly described as:
19 A strip of land ten (101) ft. wide, five (51) ft.
20 each side of a centerline described as being part
21 of the NW1 /4 of Section 19, T -2 -N, R -13 -W, Little
22 Rock, Pulaski County, Arkansas, more particularly
23 described as: Commencing at the NW corner of Lot
24 72, Westchester Subdivision, Phase V -A; thence
25 S00 °35146 "E 50.01; thence S40 °28138 "E 22.54' to
26 the Point of Beginning; thence S34035104"E
27 321.31; thence S47 146102 °W 207.0' to the Point of
28 Termination of this easement, containing 5283 Sq.
29 Ft. or 0.121 acres, more or less.
30 SECTION 2. This Resolution shall be in full force and
31 effect from and after its adoption.
32 ADOPTED: $erteribex 5, 1989
33 A T: APP OVE
34
�' U ICJ'
35 CI Y CLERK JA E CZECf. MAYOR F YD G. VILLINES, III
36 APPRVA As 4�rwu"
MARK STODOLA
k -37
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RIGHT OF WAY EASEMENT Appendix 1 -D 3 % d
i
Page 1 of 3
KNOW ALL MEN BY THESE PRESENTSt
THAT CITY OF LITTLE ROCK. ARKANSAS , GRANTOR,
for and in consideration of the sum of ONE Dq�lar
Dollars 0 �j, �1, and other valuable cone deration pa
the Little Rock Sanitary and
Committee, the receipt of which is
hereby acknowledged, do hereby, subject to prior recorded mort-
gages 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 suc-
cessors and assigns forever, the following described easementst
1. A PERMANENT RIGHT, PRIVILEGE AND EASEMENT for the purpose
Z. A TEMPORARY RIGHT, PRIVILEGE AND EASEMENT for the purpose
of permitting the Little Rock Sanitary Sewer Committee and the
Little Rock Wastewater Utility to remove all timber and obstruc-
tions therefrom and to make excavations, store excavated materi-
als, 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
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 to (a) 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 kinds and (c) hav-
ing the right to free ingress and egress across adjacent lands of
the GRANTOR(S) to the lands hereinafter described. Subject to
prior easement 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 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 intltlal sewer construction is com-
pleted, the GRANTOR may pave the easement surface and may use it
for driveways, walks or parking areas, The GRANTOR may permit
other utility service to cross this easement at approximately
!
right angles, but only if such utilities first comply with what-
ever 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 -wits
SEE ATTACHED DESCRIPTION
Z. A TEMPORARY RIGHT, PRIVILEGE AND EASEMENT for the purpose
of permitting the Little Rock Sanitary Sewer Committee and the
Little Rock Wastewater Utility to remove all timber and obstruc-
tions therefrom and to make excavations, store excavated materi-
als, 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
Appendix 1 -D
Page 2 of 3
earlier. This temporary easement shall be upon the following des-
cribed lands situated in Pulaski County, Arkansas, to -wits
N/A
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 excava-
tions 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
Sever 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 materi-
als of like quality and as nearly as possible to its prior
condition.
The execution of this easement does not give the GRANTOR the
right to connect to or receive service from any sewer or waste-
water 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.
And GRANTOR(S) covenants with GRANTEE, its sueecessors and
assigns, that subject to prior recorded mortages and easements, if
any, it will forever warrant and defend the title to said ease-
ments and rights against the claims of all persons whomsoever and
that GRANTEE, its successors and assigns, shall have at all .times
the quiet use and enjoyment of said easements and rights.
IN WITNESS WNEREOr, the name of the GRANTOR Is hereunto
affixed by its Mayor and its seal affixed by its
Cit;E Clark , this _ Olunday of dej tembor , 1989,
ATTEST:
Tfty Clerk
379
SEWER EASEMENT DESCRIPTION
A strip of land ten (10') ft. wide, five (5') ft. each side of a centerline
described as being part of the NW'J of Section 19, T -2 -N, R -134, Little Rock,
Pulaski County, Arkansas, more particularly described as:
Commencing at the NW corner of Lot 72, Westchester Subdivision,
Phase V -A; thence S00035'46 "E 50.0'; thence S40028'38 "E 22.54'
to the Point of Beginning; thence S34035104 "E 321.3'; thence
S47046102 11W 207.0' to the Point of Termination of this easement,
containing 5283 Sq. Ft. or 0.121 acres, more or less.
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