HomeMy WebLinkAbout4057 RESOLUTION NO. 4,057
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A RIGHT OF WAY EASEMENT IN FAVOR OF THE
NATURAL GAS PIPELINE COMPANY OF AMERICA ACROSS CERTAIN
LANDS OWNED BY THE CITY OF LITTLE ROCK; AND FOR OTHER
PURPOSES.
WHEREAS, the City of Little Rock has acquired certain lands
in Pulaski County, Arkansas, for the purpose of developing a port
facility on the Arkansas River and an industrial park in connection
therewith; and
WHEREAS, the City of Little Rock acquired a portion of these
lands from diverse owners subject to existing right of way easements
in favor of Natural Gas Pipeline Company of America which easements
are presently of diverse widths or undefined in width and when so
constitute a cloud upon the title of the City of Little Rock; and
WHEREAS, Natural Gas Pipeline Company of America now owns
and operates two pipelines within said easements and proposes to
construct a third pipeline within the easements; and
WHEREAS, it is beneficial to the Little Rock Port Authority
in developing said real estate for the purposes for which said
Authority was organized to supercede and replace the present existing
right of way easements with a new right of way easement which estab-
lishes the width of said easement at one hundred twenty-five (125)
feet over and across said lands; and
WHEREAS, in order to enable the easement to be established
at the width of one hundred twenty-five (125) feet, it is necessary
to grant an additional easement to Natural Gas Pipeline Company of
America over and across 1.88 acres of said property; and
WHEREAS, Natural Gas Pipeline Company of America has agreed
to pay to the City of Little Rock One Thousand Five Hundred Twenty-
five and NO/100 Dollars ($1, 525 . 00) and other good and valuable
consideration for a new right of way easement which shall supercede
and replace the three prior existing right of way easements; and
WHEREAS, the Little Rock Port Authority has approved the new
proposed right of way easement.
WHEREAS, a copy of the proposed right of way easement is
attached hereto and made a part of this resolution.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1. The Mayor and the City Clerk are hereby
authorized and directed to execute the aforesaid right of way
easement with Natural Gas Pipeline Company of America acting for
and on behalf of the City of Little Rock.
SECTION 2 . All payments to the City of Little Rock because
of said new right of way easement shall be forwarded to the Finance
Office of the City of Little Rock and deposited in the fund of the
Little Rock Port Authority.
ADOPTED: August 19, 1968
ATTEST: E t.zen APPROVED: /
City Clerk Mayor
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RIGHT OF WAY EASEMENT
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THIS EASEMENT, made and entered into this day
of , 1968, by and between City of Little Rock,
Grantor , and Natural Gas Pipeline Company of America , Grantee ,
U ITNE S S ET H:
WHEREAS, by certain instruments and judgments , Texas
Illinois Natural Gas Pipeline Company, its successors and assigns ,
and Natural Gas Pipeline Company of America were granted Right
of Ways and Easements to construct, reconstruct, operate , main-
tain, repair, alter, replace , move and remove a pipeline or
pipelines under , upon, over, through and across certain real
estate in Pulaski County, Arkansas , which instruments , and real
estate are more particularly described below:
(A) Description of Right of Way conveyed by this instrument f
and affected in whole or in part by the prior instruments
listed in (B) below:
A part of the SW of the SE the NW of the
P � �� �
SEA, the South 15 acres of the SW, of the NE
of Section 16, and the NEk of the NWA, the
NW4 of the NEk of Section 21, all in Township 1
North, Range 11 West, more particularly described
as follows :
A right of way and easement 125 feet in width
across the above described property, being 25
feet westerly and 100 feet easterly of the following
described line :
Beginning at a point on the north line of the
South 15 acres of the Southwest Quarter of Northeast
Quarter (SWk of NE4) of Section 16 that is 563 feet
east of the northwest corner thereof ; thence at an
entrance angle of 83° 00 ' and run for a distance
of 834 feet to a point ; thence turn an angle to the
right of 0° 13' and run for a distance of 1612 feet
to a point ; thence turn an angle to the left of
0° 21 ' and run for a distance of 584 feet to as
point ; thence turn an angle to the right of 3 18'
and run for a distance of 253 feet to 8 point ;
thence turn an angle to the right of 5 58 '
and run for a distance of 1258 feet to the point
of exit on the south line of the Northeast Quarter
of Northwest Quarter (NE4 of NW4) of Section 21,
said point being 1144 feet east of the southwest
corner thereof .
(B) Prior Right of Way Agreements and Judgments
Deed Record Book
Grantors Instrument or Judgment or Case Number
Ben J. Field Right of Way Agreement Deed Record 444, p 495
Joy R. Johnson and
Helen M. Johnson Right of Way Agreement Deed Record 504, p . 531
Joy R. Johnson and Amendment to Right of
Helen M. Johnson Way Agreement Deed Record 805, p. 403
Mary J. Raines Judgment U.S. Dist . Court,
Eastern District of Ark.
LR 62-C 121
Mary J. Raines Judgment Pulaski County Circuit
No. 37456
(All of the above described Right of Way Agreementsand Judgments
being hereinafter collectively referred to as "said Right of Way
Agreements and Judgments" and all of the above described real
estate being hereinafter referred to as "said Real Estate"); and
WHEREAS, Texas Illinois Natural Gas Pipeline Company
or Natural Gas Pipeline Company of America subsequently constructed
two pipelines across said Real Estate in accordance with its
rights under said Right of Way Agreements and Judgments ; and
WHEREAS, Natural Gas Pipeline Company of America (here-
inafter referred to as "Natural") has succeeded to all of the
rights and property of Texas Illinois Natural Gas Pipeline Company
including the interest of said Texas Illinois Natural Gas Pipe-
line Company in and to said Right of Way Agreements and Judgments
and the pipelines constructed pursuant thereto; and
WHEREAS, City of Little Rock is the present owner of
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said Real Estate ; and
WHEREAS, City of Little Rock has requested that Natural
enter into a new Right of Uay Easement with City of Little Rock
which shall supersede and replace said Right of Way Agreements
and Judgments , and Natural is willing to do so provided that
Natural is granted a one hundred and twenty-five (125) foot
wide right of way across said Real Estate for its two existing
pipelines and , in addition, is granted the right to construct,
reconstruct , operate , maintain, repair, alter , move and remove
a third pipeline within such one hundred and twenty-five (125)
foot wide right of way;
NOW WHEREFORE, in consideration of the sum of Ten
Dollars ($10) , in hand paid, and of other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged , the parties hereto agree as follows :
1 . City of Little Rock hereby grants , conveys and
warrants unto Natural, its successors and assigns , a one hundred
and twenty-five (125) foot wide permanent right of way and ease-
ment to construct, reconstruct, operate, maintain, repair, alter,
replace, move and remove three pipelines for the transportation
of gas , oil , petroleum products , or other liquids , gases or
other substances which can be transported through a pipeline
under , upon, over, through and across said Real Estate described
above, together with the right of ingress and egress at agreed
points for such purposes and all other rights necessary or con-
venient for the enjoyment of the privileges herein granted, in-
cluding, but not limited to, the construction of such surface and
subsurface appliances and appurtenant facilities as , in Grantee 's
judgment, may be necessary or convenient for such operations ;
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hereby releasing and waiving all rights under and by virtue
of any applicable homestead exemption laws .
2 . It is expressly understood and agreed that the
right to construct, reconstruct, operate, maintain, repair,
alter , replace , move , remove and change the size of three
pipelines includes the existing two pipelines so that Natural
shall have the right to construct one future additional pipeline
within the one hundred and twenty-five (125) foot wide right of
way granted hereunder .
3 . It is expressly understood and agreed that Natural
shall have the right to use such additional areas adjacent to
the one hundred and twenty-five (125) foot wide right of way
granted hereunder that Natural, in its sole discretion, shall
deem necessary for the construction of a third pipeline within
the one hundred and twenty-five (125) foot wide right of way
granted hereunder during the period of construction.
4 . Natural by acceptance of this easement, agrees
that City of Little Rock may construct and maintain across
(as distinguished from running lengthwise within) said one
hundred and twenty-five (125) foot wide strip of land , roads
as will not prevent or unnecessarily interfere with the exercise
by Natural of its rights , and Natural further agrees that City
of Little Rock may use the one hundred and twenty-five (125)
foot wide strip of land in any other manner that will not inter-
fere with the interest of Natural hereunder including main-
tenance of unpaved parking lots for light vehicles , PROVIDED,
HOWEVER, that no buildings , structures or obstructions of any
kind shall be placed , built or constructed on, under or over
said one hundred and twenty-five (125) foot wide strip of land ,
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except as hereinabove provided, and PROVIDED FURTHER, that
Natural shall have the right from time to time to cut trees, r
undergrowth and other obstructions located on the said one
hundred and twenty-five (125) foot wide right of way granted
hereinabove , that, in its judgment, may interfere with the
construction, operation, maintenance and repair of the three
pipelines and Natural agrees to maintain the property in as good
a mowed condition as the adjacent property.
5 . Natural covenants and agrees that the two exist-
ing pipelines constructed hereunder are buried below plow depth
and the future pipeline to be installed will be buried below
plow depth . Natural further covenants and agrees that it will
pay to City of Little Rock, its successors and assigns and to
any tenant or lessee thereof, as their respective interests may
appear, any damages to fences , improvements, growing crops and
timber which may be caused by the constructing, reconstructing,
operating, maintaining, altering , repairing, replacing, moving
or removing of the pipelines , appliances or appurtenant facilities
authorized hereunder .
6. Natural further agrees , by acceptance of this
Easement that the City of Little Rock may construct a sewer
line on the property not closer than fifteen (15) feet westerly
from the proposed third pipeline , and that Arkansas Power and
Light Company may use the eastern most fifteen (15) feet of the
property for overhang purposes .
7 . It is expressly understood and agreed that this
Easement shall replace the Right of Way Agreements and Judgments
listed above in regard to said Real Estate described herein, and
said Right of Way Agreements and Judgments are hereby cancelled
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and terminated in regard to said Real Estate described herein
upon execution of this Easement .
8 . This Easement shall inure to the benefit of and
be binding upon the heirs , successors , legal representatives
and assigns to the parties of this Agreement .
IN WITNESS WHEREOF , the Grantor has set its hand and
seal as of the day and year first above written .
CITY OF LITTLE ROCK
ATTEST:
This instrument prepared by
George Pike, Jr.
SMITH,WILLIAMS,FRIDAY & BOA!
1100 Boyle Building
Little Rock, Arkansas
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ACKNWLEDGMENT
STATE OF ARKANSAS)
) ss .
COUNTY OF PULASKI)
I , a Notary
Public in and for said County, in the State aforesaid, do here-
by certify that personally known to me
to be the of the City of Little Rock, and
personally known to me to be the
of said City of Little Rock, and per-
sonally known to me to be the same persons whose names are sub-
I scribed to the foregoing instrument , appeared before me this
day in person and severally acknowledged that as such
and they
signed and delivered said instrument and caused the seal of
said City of Little Rock to be affixed thereto, as their free
and voluntary act, and as the free and voluntary act and deed
of said City of Little Rock, for the uses and purposes herein
set forth .
GIVEN under my hand and Notarial seal this
day of , A.D . 1968 .
NoL ry Public
(S E A L)
My Commiss ion Expires :
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