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2012063600 Received: 10/3/2012 12:31:51 PM
Recorded: 10/03/2012 12:42:2? PM Filed &
Recorded in Official Re,,;ords of Larry Crane,
PULASKI COUNTY CIRCUIT /COUNTY CLERK
Fees $40.00
RESOLUTION NO. 13,579
A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK TO
EXECUTE AN EASEMENT ON BEHALF OF ENTERGY, INC., FOR THE
PLACEMENT OF EQUIPMENT ON PROPERTY NEAR THE DILLARD'S
HEADQUARTERS; AND FOR OTHER PURPOSES.
WHEREAS, pursuant to outstanding industrial development bonds the City currently holds title to
property occupied by Dillard's, Inc., located on Cantrell Road; and,
WHEREAS, as the result of a project to widen the road in the area and to make other improvements
it is necessary for Entergy, Inc., to move its facilities from the current right -of -way; and,
WHEREAS, Dillard's, Inc., and Entergy, Inc., have negotiated terms and conditions for an easement
for Entergy, Inc., for the location, construction, reconstruction, operation, patrol, inspection, repair, re-
placement, removal and maintenance of electric power facilities on lands identified in the easement; and,
WHEREAS, pursuant to Ark. Code Ann. § 14- 54- 302(c) (West Supp. 2012), it is necessary for the
Board of Directors to adopt a resolution to authorize the Mayor and the City Clerk to execute all neces-
sary documents that deal with the grant of this easement;
NOW, THEREORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF LITTLE ROCK, ARKANSAS:
Section 1. The Mayor and City Clerk are authorized to execute agreements in substantially the same
form as those attached as Exhibit A to this Resolution to grant an easement to Entergy, Inc., for the prop-
erty identified in the easement and more particularly described as follows:
A Distribution Easement across part of Lots 1, 2 and 3, Weeks Subdivision of
Block 359, Original City of Little Rock, Arkansas, and across part of Lot 1,
Allen and Marquands Subdivision of Block 358, Original City of Little Rock,
Arkansas more particularly described as:
Commencing at the Southwest Corner of said Lot 3, Weeks Subdivision, said
point also being a Point on the North Right -of -Way line of Cantrell Road, run
thence South 79° 21" 41' East along said North Right -of -Way line for a dis-
tance of 14.75 feet to the Point of Beginning of the land herein described;
thence continuing South 79° 21 "41' East along said North Right -of -Way line
for a distance of 345.21 feet to a Point of Curvature of a curve to the right that
has a delta angle of 15 044 "26', a radius of 400.00 feet, a chord bearing and
[Page 1 of 61
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distance of South 71 °29 "28' East for 109.54 feet; thence along said curve to
the right a distance of 109.89 feet to the Point of Tangency of said curve to
the right; thence South 79 °21 "41' East along said North Right -of -Way line for
a distance of 76.45 feet; thence leaving said North Right -of -Way line North
64° 47" 07' West for a distance of 110.15 feet; thence North 790 11" 57' West
for a distance of 382.38 feet; thence South 82° 06" 43' West for a distance of
43.45 feet to the Point of Beginning, containing 0.16 acres, more or less.
Section 2. 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 adju-
dication shall not affect the remaining portions of the resolution which shall remain in full force and ef-
fect as if the portion so declared or adjudged invalid or unconstitutional were 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: October 1, 2012.
ATTEST: APP ROVED•
J, %_at.v 1, iC, n
AS TO LEGAL FORM:
Thomas M. Carpenter, City
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Mark Stodola, Mayor
[Page 2 of 61
EXHIBIT "A"
STATE OF ARKANS, "
COUNTY OF PULASKI
Line Protect lderilhlicaticn WRnk S3T664
This ACCESS AND EtECTICAL UTILITY EASEWNT AGREEMENT was prepared by ENTERGY ARKANSAS, rnc, PO Boar SSi, Little
Rode, AR 72203
KNCbV ALL MEN BY THESE PRESENTS THAT- The City of Lihie Rock, Arkansas, Grantor, acbng indieWl ally, and for, and an behalf of,
Its successors assigns and arty other parson claiming the ownership to the property hereinafter described, csolledivety'Gra Mr°, for and In
consideration or aria dollar, in hand paid, and other goad and valuable conskWatloo, the receipt anti sufficiency of which is hereby
acknaAftoged does raeraby gram, unto Erviergy Arkansas, Inc and its successors and assigns, cotectivery 'Grantee', an some and
eledrieal LACY easement, 15 feet in width, for the beation, construction, reconstruction, operation. patrol . hnspeciton, repair, repiacerrant
removal and mantoraarce of electric power facilities. solely as shown inn the depiction attached hereto as Exhibit A. Such electric power
taaiihas include. but are not limited t7, poles, cross arms, insulators, wires, cables, conduits: hardware, transfom+ers, switches, guy wires.
anchors and other eQuipmerd, sbv^tures material and appurtenances used by Grantee, as shown on Exh*jd A hereto. The 15 foul
easement is lagafty described and depicled on ExhittLD hereto.
Grames snail have the right to attach wires and cables of any other party to Grantee's electrit power facilities w9hin the easement area,
and shell have the Fignt to clear and keep clear vegetation within or growing into the easement area and the further right to refrom or
modify from+ time to tine trerz, limbs, andlor veigalatiort outside of the eesemarst area which Grantee considers a hazard to any of CS
electric power facklies or a hazard to the rendering of adequate and dependable service to Grantor or any of Grarlhss's customers, by use
of a variety of methods used in the vegetation management industry. Should Granlee wash to mi(nete any of Its electric o0VAW facilities
within the casement ares in a manner which wwuid result in the electric power facilities being moved in a North" direction (closer to
Grantor`s existing data center building), which building is nparoted by Dillard Store Services, We, an Arizona cmrporatirnt ('t3illard& "(, such
retocalinn shall be suhlect to the prior written consent of Ditard's, which consent may be granted or withheld in Duletd's Sole and absolute
discretion. Any auch request for Wlard's consent to a proposed change in the location of Gramall electric power faatHies in a Northerly
direction (class, to Grantor's data center building) nnusi be sent In wuttng to Dihartis as follows Dillard Store Services. Inc. in care of
Dillard'&, Inc, Attention: Vice Presidert, Real Estate, 16DO Cantrell Road, Little Rock, Arkansas 72201 GrarNAG shall not have the ngM
to antler upon the portion of the easement desic ibed on Exhibit 8 hereto which fat's beRwearn Granters concrete block security wall and
Gta tar's adjacent building, *hen Kea a street address of 1310 Cantrell Road, Lillie Ross, Arkansas 73209 (taw area betwaan the
concrete Nock security wall and building will be hereinafter referred to as the'Restncted Area'), nc, shall Grantee have the right at arty
time to modify in any way or rerrove Grantor's concrete black seraaty wait, irrigation systems, data cables, urderground utility lines or
planters within the easement area without the prior written consent of Citlsrd's, which consent may be withheld in Daard's sole and
absolute discretion Any nagumst far Dillsrd's consent to the fora+poing must be sent in wnhrrg to the Vice President of Rest Estate for
Dillard'& at the address pmecled above Should Grantee, at any time„ damage Grantor's concrete olak security wait, irrigation system,
data cables, underground uNity lines ar planters within Me easement area, or Grantor's adjacent Wilding of oppurtensncse thereto
(including, but not united to the heating, venttaling and air conditioning syslarns serving Grantdf's buiddhngi, Grantee will irhdcvv* Gtarsor
and 0111arr7s and Dillarets parent- sihhates and subsidiaries with regard to such damage, and will promptly cause the damaged items to be
repaired, replaced or restored at Grantee's sole cost, to return the sans to as good condition as existed prior to such damage, to Dil arils
satisfaebon pursuant so plans and specoeicsteons approved by Dilard's in its sole and absolute discretion In the event of an emergency
situation, should Grantee rani access within the Restricted Area, Grantee must request Drltards cortsarrt to the seine by contacting eltnar
John Gsason or John hastauar, or the persons which may replace Itherr in their resgecllve positions from time to tune. at (501) 37 &5258.
Except for Grantor's exisbng concrete block security wall, piantars utiky lines, irrigation systems, data cable isles, fprnce(s) and other
faotkies. Grantor shall not eorudruct or permit the construction of any structure, obstruction at other hazard within the sad easement arts,
including but not limned to, house barn, garage, shad, pond, pool or well Except as otherwise set forth in the immediately preceding
sentence, Grantor ahae not construet or permit the corcstnxation of any buildings or other alructufss on land adjoining said easement area
which would encroach upon the same..
IN WITNESS YJNEREDF. Grantor and Grantee have executed Ibis access and sMdnaail utility easement agreement on this _ day
d( . 24
Attest: Grardons)' City of Little Rock, Arkansas
City Clerk
Mark Stodofa, Mayor
Grarhtee. Enter%, trio
ffymitle.
[Page 3 of 61
dhe .Enter
kY
ACKNOWLEDGMENT
STATE OF ARKANSAS COUNTY OF
BE IT REMEMBERED that on this day come before me the undersigned, a Notary Public, within and for this county and state
aforesaid, duly commissioned and acting Mark Stodola, to me well known as the Mayor of the City of Little Rock, Arkansas, Grantor in the
foregoing Instrument, and acknowledged that he had executed the same for the consideration, uses and purposes therein mentioned and
set forth
Witness my hand and seal as such Notary Public this _ day of _ 20
(SEAL)
Notary Public
ACKNOWLEDGMENT
STATE OF COUNTY OF
BE IT REMEMBERED that on this day come before me the undersigned, a Notary Public, within and for this county and state
aforesaid, duly commissioned and acting to me well known as the of EMergy, Inc,
Grantee in the foregoing instrument and acknowledged that had executed the same for the
consideration, uses and purposes therein mentioned and set forth..
(SEAL)
Witness my hand and seal as such Notary Public this _ day of
Page 4 of 61
Notary Public
1
2
3
Entergy
EXHIBIT "A"
-%LASKI COUNTY, ARKANSAS
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wecres Or
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77 s 1911'41 "L us 71' 0.16 A S
WARDS
I., N MOO" w Jv is* QTY Of LIPLE ROM AR
too 200
G" AU LAW ao--v c4m Aa
WOW' 40300 S 11V28'f 1054 M89
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SUM YON'S WIES. n Scale 1 09'
WS PLAT QUWSENTS
N PA NT AS
DISCRW AM) WAN Z is wr
WFEM)ED TO* A tnAAdWV 5t)3� - ------------
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JPage5 of 6l
IDILLARD'.
MSTRUITION LIVE '.INEVV T
TITRE R". ARKANSAS I
aEnt
eW
EXHIBIT "B"
PAAS.KI ':C-,N [Y ARKA4SAS
located 'r the
A A-VribOirq FuSelfthr 0,^russ Part at tats 1, " aad J, Weeks of klar-k
-19- f'lfqr;nt 1,,fy of (dire Rcck. Arkanmis and aross part at i at 1. Aer, 4"
Sw'r,&j'zieo of M:),-k 354, Of?prsfjl Citj c! 1 ftVe Rack Arkur,,Lis more
rtyrrAencoit of the .3e)(;th*p-sj C"ne; of so+d jr;,, j WeatcS
uib6e$71" sr±vt ro."'ll Ot berg o Point c.", the kiryth po7H d N'ly b".0 �4 Cnntr;t;"
ROOC!, r'-jr trm.-f 53uo' 79 deg. 21 mi,� -I! 5cr. -
,osi cyksq soffl tiotp
lihv fly 0 of fr 'rte Pont of Beginrg of I." rah-! herrki
!hm,:,: curtir-imq S-,It- '9 deg, 21 rr;r. 41 s East along sr,,; t&Ylr
Ct #u/ ;ov fc, a distvrcc a, 345.21 feet 'a a Font of ,ur.cfve of a axe to
0-R! NVol 'hjl has a delta ague of 15 dcq, 44 rrk,. 26 sec., a rv6--, of 4(A' 'Yj feet.
a Chad traung ',nd 0! South It deg. A mr 28 sec. &7s,* ter 199,50 .1pel
thr-'rr d4vla swirl Curvp r0 the '01 ri d"sIcnro 0 769 Si feet to the Pmrif a,
)an'jr"ry or , id ',;Vve, tO the P'gh'' fi�,M Cel Slw,'h 19 zreq- 2, rw 41 sec fas! Q!"Y'q
said Akrlk Rqht—Of—Fiby ithe fry a distonfe Of /6,45 lei*; thence lf-u�;nq so , d N"'If"n
knee North CA deg. 47 ;:r:. 07 sec. fts' fa, a d,,nhjp:e at ,'t713 tffd,
the,+Cv holf, /9 dom 11 min. 57 sec, *6t for 0 dvamcc of 3VJ8 fee?, fhrrcP
Swif-, ')V deg. 96 '"m C w. West fur a distance of 43 4.5 f*rl to m- Po:qt of
vnq�".vw' rontowmy C' )h ac'rre' rKrr 'N Ira
LLARD'�
:1 AW44-T ,14 LjNE F.ASJM"'
'ITTLE K)N, ARKANSAS
� porvr!l M' CATS c �Tb� I L14
O�U:WED VVD
V.." 0'. LMR CEa t9.
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pi *AMV PLOT SH 2 OF 2 j
I Page 6 of 61