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Home My WebLink About13253I 2 RESOLUTION NO. 13,253 3 A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK 4 TO EXECUTE A RIGHT -OF -WAY INSTRUMENT WITH ENTERGY 5 ARKANSAS, INC., TO PLACE FACILITIES TO SERVICE THE LITTLE 6 MAUMELLE SEWER TREATMENT PLANT; AND FOR OTHER PUR- 7 POSES. s 9 WHEREAS, it has been determined that a sewer treatment plant in the Little Maumelle 10 River basin is required to adequately serve the citizens of the City of Little Rock, Arkansas ( "the 11 City "), and to comply with the provisions of a September 12, 2001, settlement agreement ( "the 12 Settlement Agreement ") entered into by the Little Rock Sanitary Sewer Committee ( "the Com- 13 mittee ") on behalf of the Little Rock Waste Water Utility ( "the Utility'), as a result of litigation 14 filed by the Sierra Club against the City, the Committee, and the Utility; and, 15 WHEREAS, it is necessary to provide electricity to this treatment plant in order to fulfill the 16 requirements that are placed upon the utility under local, state and federal law, and pursuant to 17 the Settlement Agreement; and, 1s WHEREAS, Entergy Arkansas, Inc., must obtain a right -of -way instrument in order to in- 19 stall the necessary facilities to provide electricity to this treatment plant; 20 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 21 THE CITY OF LITTLE ROCK, ARKANSAS: 22 Section 1. The Mayor and the City Clerk are authorized to execute the necessary documents, 23 in a format substantially similar to that contained in Exhibit A to this resolution, to provide a 24 right -of -way agreement to Entergy Arkansas, Inc., to place its facilities necessary to provide 25 electrical service to the Little Maumelle Treatment Plant. 26 Section 2. The agreement set forth in Exhibit A, and the description set forth in Exhibit B, 27 notwithstanding any other language, will cease to be in operation and existence at any moment 28 when Entergy- Arkansas, Inc., moves the facilities necessary for the Little Maumelle Treatment 29 Plant to another location, and another similar agreement has been entered. 30 Section 3. This resolution and its exhibits are to be filed of record with the Pulaski County 31 Clerk and Recorder as soon as possible after the execution of all documents. [PAGE 1 OF 41 Resolution to grant Entergy - Arkansas, Inc., a ROW agreement to provide electrical service to the Little Mawnelle Sewer Treatment Plant 1 2 3 4 5 6 7 8 9 10 11 Section 4. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the resolution which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the resolution. Section 5. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. ADOPTED: January 3, 2011 ATTEST: 12 13 Kusa a g City Clerk 14 15 APPR ED AS TO LEGAL FORM: 16 18 Thomas M. Carpenter, City Atto. ney 19 // 20 // 21 // 22 23 // 24 // 25 // 26 27 28 29 30 // 31 32 [ PAGE 2 OF 4] Resolution to grant Entergy - Arkansas, Inc., a ROW agreement to provide electrical service to the Little Maumelle Sewer Treatment Plant Mark Stodola, Mayor 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 EXHIBIT A UNDERGROUND RIGHT -OF -WAY PERMIT STATE OF ARKANSAS COUNTY OFPULASKI Line Project Identification WR# 477915 This RIGHT OF WAY INSTRUMENT was prepared by Thomas M. Carpenter, City Attorney for the City of Little Rock, Arkansas, based upon the instrument typically utilized by ENTERGY- ARKANSAS, Inc. KNOW ALL MEN BY THESE PRESENTS THAT the City of Little Rock, Arkansas, on its behalf and on behalf of the Little Rock Sanitary Sewer Committee for the use and benefit of the Little Rock Waste Water Utility, GRANTOR, acting individually, and for, and on behalf of, its heir(s), successm(s), assigns) and any other person(s) claiming the ownership of the property hereinafter described, collectively GRANTOR, for and in consideration of one dollar, in hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and ] mmianr to the authority grar_led n 1,01le Rock, A?k., Resolution (?anuarc 3, 201 1', does hereby assign, convey unto and warrant and defend Entergy - Arkansas, and its successors and assigns, collectively GRANTEE, a right -of -way, servitude and easement 10 feet in width for the location construction, reconstruction, operation, patrol, inspection, replacement and maintenance of electric power and communication facilities of the removal thereof, now or in the future, including, but not necessarily limited to, poles, cross arms, insulators, wires, cables, conduits, hardware, transformers, switches; guy wires, anchors and other equipment, structures, material and appurtenances, now or hereafter used, useful or desired in connection therewith by GRANTEE over, across, under m on that land of GRANTOR in the County of Pulaski, State of Arkansas, described as follows, to- wit: A part of the SW' /n SE %a, Section 10, T -2 -N, R -14 -W, Pulaski County, Arkansas, being more particularly described as: Commencing at the Northeast Corner of the SW %a SE %a, Section 10 thence along the North line of said SW % SE'/ of Sec- tion 10 N 88 °55'32" W, 280.01 feet; thence S 01 °43'32" W, 220.12 feet to the Point of Beginning; thence S 01 °43'32" W, 11.02 feet; thence S 66 °50'38" W, 96.26 feet; thence S °74 01'10" W, 26.64 feet to a concrete wall; thence S 01 °10'57" W, 18.78 feet to the North wall of the Blower Building; thence along said North wall N 88 °49'03" W, 20.33 feet; thence N 01 °10'57" E, 37.17 feet to a concrete wall; thence along said wall S 88 °49'03" E, 20.33 feet to the corner of the concrete wall; thence continuing along the concrete wall S 01 °10'57" W, 7.92 feet; thence leaving said wall N °74 01'10" E, 22.93 feet; thence N 66 °50'38" E, 100.28 feet to the Point of Beginning, containing 1986 square feet, more or less. Together with the right of ingress and egress to and from said right -of -way across the adjoining land of the GRANTOR and the right to attach wires and cables of any other patty to GRANTEE's facilities. Unless otherwise herein specifically provided, the centerline of the electric power and communication lines initially constructed on this light -0of -way shall be the centerline of said right -of -way. GRANTEE shall have the fill] and continuing right to clear and keep clear vegetation within or growing into said right -of -way and the further right to remove or modify from time to time trees, limbs, and/or vegetation outside the said 6glit -of -way which GRANTEE considers a hazard to any of its electric power or communica- tions facilities or a hazard to the rendering of adequate and dependable services to GRANTOR or any of GRANTEE's customers, by use of a variety of methods used in the vegetation management industry. GRANTOR shall not construct or permit the construction of any structure, obstruction or other hazard within the said right -of -way, including but not limited to, house, bar, garage, shed, pond, pool or well, excepting only GRANTOR's fence(s) and GRANTEE's facilities. GRANTOR shall not construct or permit the construction of any buildings or other struchues on land adjoining said right -of -way in violation of the minimum clearances from the lines and facilities of GRANTEE, as provided in the National Electrical Safety Code. IN WITNESS WHEREOF, GRANTOR has executed this right -of -way Instrument on this day of January, 2011. GRANTOR City of Little Rock, Arkansas 500 West Markham Little Rock, Arkansas 72201 By: ACKNOWLEDGMENT STATE OF ARKANSAS) ) ss COUNTY OFPULASKI) Mark Stodola Mayor On this day of January, 2011, before me, Susan Langley, City Clerk, the undersigned Notary, personally appeared Mark Stodola, Mayor of the City of Little Rock, Arkansas, known to me to be the person whose name is subscribed to the within Right -of -Way Instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. My Commission expires: Resolution to grant Entergy - Arkansas, Inc., a ROW agreement to provide electrical service to the Little Maumelle Sewer Treatment Plant Clerk of the City of Little Rock, Arkansas Notary Public [PAGE 3 OF 4] i EXHBIT B mX � O O D A t= N D m Fm mD - a � a — o D D y d .3 I m m mzP, L„ 4 po5 _ ;3 a >i t mX � O O D A t= N D m Fm mD - a 3 o D D y d I m m mzP, s � m mX � O O D A t= N D m Fm mD re m y m N A m BNaH5Ud5�'- sy 168 [.PAGE 4 OF 41 Resolution to grant Entergy- Arkansas, Inc., a ROW agreement to provide electrical service to the Little Maunielle Sewer Treatment Plant