HomeMy WebLinkAbout4265 RESOLUTION NO. 4,265
A RESOLUTION AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK OF THE CITY OF
LITTLE ROCK, ARKANSAS, TO EXECUTE AN
EASEMENT AND RIGHT-OF-WAY TO ARKANSAS
POWER & LIGHT COMPANY, GRANTING ARKANSAS
POWER & LIGHT COMPANY AUTHORITY TO CONSTRUCT
AND MAINTAIN ELECTRIC FACILITIES ON AND
UNDER CERTAIN LANDS BELONGING TO THE CITY
OF LITTLE ROCK, ARKANSAS , TO SERVE THE LITTLE
ROCK PORT AUTHORITY.
WHEREAS, Arkansas Power & Light Company desires to install,
operate and maintain overhead distribution lines , over, upon,
under and across certain lands belonging to the City of Little
Rock, Arkansas, for the purpose of supplying the Little Rock Port
Authority electric service in the City of Little Rock, and
WHEREAS, the City of Little Rock will benefit from the
granting of such right-of-way by reason of improved services to
Little Rock Port Authority and others ; and
WHEREAS, Arkansas Power & Light Company is willing to pay
the sum of One Dollar ($1 .00) for and in consideration of said
easements, with the rights and privileges contained in an easement
and right-of-way, which consideration is hereby found to be a fair
and just compensation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS .
SECTION 1. The Mayor and City Clerk of the City of Little
Rock are hereby authorized and directed to execute an easement and
right-of-way running in favor of Arkansas Power & Light Company
for the consideration of One Dollar ($1.00) , which easement and
right-of-way is in form and substance as follows :
Rf
EASEMENT AND RIGHT- OF-WAY
KNOW All. MEN BY THESE PRESENTS ;
THAT CITY OF LITTLE ROCK , ARKANSAS , by its Mayor ,
and by its City Clerk , __ . _
authorized by Resolution No. , on this
day of , 19 hereinafter referred to as
Grantor , for and in consideration of the sum of One Dollar ( $ 1 . 00)
and other valuable considerations paid by Arkansas Power & Light
Company, and the receipt of which is acknowledged , hereby grants ,
and conveys unto the said Arkansas Power & Light Company , and
unto its successors and assigns , hereinafter referred to as
Grantee , the right , privilege , authority , easement and right-
I
of-way to build , rebuild , remove , renew, maintain , and operate
upon , over , across and underneath the easement and right-of-
way hereinafter described , overhead circuits , conductors , poles ,
fixtures , _guys and anchors and other necessary equipment and
facilities for the purposes of transmitting and distributing
electric current and supplying electric services . The rights
hereby conferred provide for the privilege and authority to
enter upon the said easement and right-of-way at any and all
times for the purposes herein set forth , and the further right
to maintain adenuate , sufficient and required clearances he-
tween the elr:i tr- ic circuits , facilities and equipment and
other obiect.s , growths and trees sitrated on the lands of the
Grantor , The easement and right-of -way herein referred to is
situated on the lands of the Grantor In Pulaski County , Arkansas ,
and is deskriL d as follows , to-wit :
Easement and right-of-way 10 feet in width
being 5 feet on either side of a center line
beginning on Lindsey Road in the NW) of the
NE4, Section 15 , Township I North , Range 11
West , hence South and Southeasterly parallel
with and adjacent to roadway to the East line
of Section 15 , Township I North , Range 11
West , Pulaski County , Arkansas . Said center
l i ne being as shown on the Plat hereto attached
and marked "Exhibit A" .
4*
Under the s{w terms and conditions as set forth in t hi s
easement and right -of- way , Sot.►thwestin Bell Telephone Company
may own and elect they pole' line for the joint use of both
Companies , and the Grantee may permit the use of its pole lino
by the Telephone Company .
The Grantee agrees I ti h t I t wi 1 l relocate , at Its expense ,
alI or any part of its faciIitieh to a new mutual location
which the Grantor wi l 1 grant , should it become ne( ossr, r y ,
due to future, development or sub-dividing of said lands .
Grantor reserves the right to use the said 'easement and
right -of-way fo► any purposes which wi I 1 not conflict with
the rights hereinabove granted to the Grantee , and should the
Grantee ever permanently abandon the usi' (If said easement and
i i (pi - of--way , the some sha1 I never t to the GrarnLor , i I `. SW:A
IN WITNESS WHEREOF , the City of Little Lock, Arkansas , has
caused i is corporate name—to be affixed hereto and thl rs
I ►1`, t ► tisk .I t >LCIIt,: 1 h , I I `i .1 ) , t. I ' I
this _ day of I -,
AT iES i Cily I. i I 1 i l i(ili t; , I',L'I
By
City Clerk Mayor.
•
Pir _
r '
i.
I� ACKNOWLEDGMENT
STATE OF ARKANSAS )
SS .
COUNTY OF PULASKI
ON THIS DAY OF 1
- -- - q be ore
me , a Notary Public , duly commissioned , qualified and acting
within and for the State and County aforesaid , appeared in
person the within named _ — and
,' to me personally well known , who
stated that they are the duly elected , qualified and acting
Mayor and Clerk of the City of Little Rock , Arkansas , and
were duly authorized in their official capacity as such Mayor
and Clerk to execute the foregoing instrument for , in the name
of and on behalf of the City of Little Rock , Arkansas , and
further stated and acknowledged that they had so signed ,
executed and delivered the foregoing instrument for the
consideration , uses and purposes therein set forth .
IN WITNESS WHEREOF , I have hereunto set my hand and
official seal this day of -__ -
_
19
NOTARY PUBLIC
MY COMMISSION EXPIRES ;
•
-2-
SECTION 2. The authority and duty established in Section
1 hereof in connection with the execution of said right-of-way
permit is and shall be subject to the approval of the City Attorney
who shall determine whether or not the execution of said easement
and right-of-way is in proper form.
SECTION 3. This Resolution shall be in full force and
effect from and after its adoption.
ADOPTED: October 6, 1969
AO
ATTEST: APPROVED: le 0,
City Clere or