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HomeMy WebLinkAbout4783 RESOLUTION NO. 4,783 A RESOLUTION AUTHORIZING EXECUTION OF A RIGHT-OF-WAY EASEMENT FROM THE CITY OF LITTLE ROCK, ARKANSAS, AS GRANTOR, TO TEXAS EASTERN TRANSMISSION CORPORATION, AS GRANTEE; AND FOR THE PURPOSES RELAT- ING THERETO. BE IT RESOLVED by the Board of Directors of the City of Little Rock, Arkansas : Section 1. That there be, and there is hereby, author- ized the execution and delivery of the Right-of-Way Easement wherein the City of Little Rock, Arkansas , is Grantor, and Texas Eastern Transmission Corporation is Grantee, in substantially the form and with substantially the contents hereafter set forth. The Mayor and City Clerk be, and they are hereby, authorized to exe- cute, acknowledge and deliver the Right-of-Way Easement for and on behalf of the City. The form and contents of the Right-of-Way Easement are hereby approved and which shall be made a part hereof are substantially as follows : RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS: This Agreement made this day of , 1972, by and between the City of Little Rock, Arkansas (hereinafter some- times referred to as "Grantor") , and Texas Eastern Transmission Corporation (hereinafter sometimes referred to as "Grantee") . WITNESSETH: Texas Eastern Transmission Corporation is in the process of improving and relocating certain portions of its pipe line through the City of Little Rock, Arkansas ; and In order to accomplish this relocation, it is essential for Texas Eastern Transmission Corporation to obtain additional rights-of-way across property now owned or to be owned by the City of Little Rock, Arkansas ; and The City of Little Rock, Arkansas , has agreed to grant the necessary right-of-way to Texas Eastern Transmission Corporation in consideration of certain monetary considerations and assurances of cooperation on projects of mutual interest in the future; NOW, THEREFORE, in consideration of the promises and covenants contained herein, the parties agree as follows : 1. The City of Little Rock, Arkansas , by its Mayor and City Clerk acting under proper resolution of the Board of Directors, for and inconsideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration in hand paid, the receipt of which is hereby acknowledged does hereby grant , bargain, sell and convey and warrant unto Texas Eastern Transmission Corporation, its succes- sors and assigns , a right-of-way and easement to construct, lay, maintain, alter, operate, repair, remove, change the size of, and re- place one pipe line and appurtenances thereto, for the transportation of oil, gas , petroleum products or any other liquids , gases , or substances which can be transported through pipe lines , under and through the following described property owned by the Grantor, situated in the County of Pulaski, State of Arkansas , to-wit : An easement across certain tracts or parcels of land situated in Section 1, Township 1 North, Range 12 West , in the City of Little Rock, Pulaski County, Arkansas ; being those three tracts of land described and designated "Tract 1", "Tract 2", and "Tract 3", in Book 1167, Pages 253-256 of the deed records of said county, the centerline of which is described as follows : Beginning on the South boundary line of said "Tract 3" at a point located 144' Westerly along said South line from an iron pipe at the Southeast corner of said tract ; thence the following seven courses and distances : 1) N 29° 15 ' West, 5. 7 ' ; 2) N 49° 15 ' West , 40 ' ; 3) N 69° 15 ' West , 40 ' ; 4) N 89° 15 ' West , 40 ' ; 5) S 70° 45 ' West , 40 ' ; 6) S 76° 45 ' West , at 38 ' crossing the West boundary line of said "Tract 3" at a point 18 ' Northerly from the Southwest corner thereof and entering said "Tract 2", continuing to a total distance of 51' ; 7) N 83° 30 ' West , crossing the most Northerly West boundary line of "Tract 2" at 399 ' and entering said "Tract 1", continuing to a total distance of 600' to a point on the most Northerly West boundary line of said "Tract 1" , said point being located 25 ' North- erly along said line from the Northwest inner corner of said "Tract 1". The width of said easement shall extend forty feet , more or less , South of the centerline described above, to the North line of the easement for Grantee's existing twenty four inch pipe line as described in a Pipeline Permit recorded in the office of the Recorder of Pulaski" County, Arkansas , in Deed Book 446 at Page 303, and shall extend fifty feet North of said centerline, reverting to twenty five feet after construction is completed. TO HAVE AND TO HOLD the said easement granted herein unto Texas Eastern Transmission Corporation, its successors and assigns , for as long as the same is used for the purposes herein granted. 2 2. Grantee agrees that it will bear the expense of engineering surveys to coordinate the easement description set forth above with the Grantor ' s survey of the property in ques- tion; that the Grantee will construct its pipe line totally below ground level without any valves , or other appurtenances extending above ground level ; that the excavation for the Grantee ' s pipe line will be backfilled and compacted according to reasonable specifications of the Grantor; and that the Grantee will not use the easement for a road, street , or thoroughfare to any other property owned by it. 3. Grantee recognizes that the Grantor reserves and retains the right to utilize the surface area of the easement for development maintenance and operation of access , parking, drives , landscaping or any purpose not in conflict with the construction, maintenance and operation of Grantee's pipe line. 4. Grantee agrees to restore and replace, to the rea- sonable satisfaction of the City, any trees removed during construction which are in excess of six inches in caliper, any sod, shrubs , or other surface improvements disturbed during construction or maintenance of Grantee' s pipe line. Grantee agrees to give the Grantor at lease five days notice prior to any excavation or disruption of the easement after construction is completed, except in case of emergency. 5. Grantee will use its best efforts to have its con- tractors proceed expeditiously and without delay in construction of the pipe line in the easement herein granted. Grantee will endeavor to have its contractor commence construction at the East line of the easement herein granted, proceeding westward. 3 6. Grantee further covenants that it will furnish to the Grantor a map, in a scale not less than 1 inch to 1,000 feet, locating all Texas Eastern facilities in the City of Little Rock, Arkansas , and within two miles of the corporate limits thereof, South of the Arkansas River. 7. Grantee further covenants that it will use its best efforts to recognize and cooperate with the needs of the City of Little Rock, Arkansas , in construction of the pipe line across the easement herein granted and in other projects of mutual concern, and will give full consideration to the needs of the City of Little Rock in furtherance of any public project involving Grantee's in- terests and facilities. 8. Grantee will at its own expense, alter, encase, or change the elevation of it ' s pipe line in the easement granted herein to the extent necessary to accomodate any future construction by Grantor or any of its agencies . Grantor will furnish an easement without charge if Grantee is required to relocate its line outside of the easement granted herein. IN WITNESS WHEREOF, the parties have caused these presents to be signed, attested to in duplicate originals on the date first above mentioned. TEXAS EASTERN TRANSMISSION ATTEST: CORPORATION By ATTEST: CITY OF LITTLE ROCK, ARKANSAS City Clerk Mayor 4 STATE OF ARKANSAS ) ) ss. ACKNOWLEDGMENT COUNTY OF PULASKI ) On this day of , 1972, before me a Notary Public, duly commissioned, qualified and acting, within and for the County and State aforesaid, appeared in person the within named GEORGE E. WIMBERLY and JANE CZECH, Mayor and City Clerk, respectively, of the City of Little Rock, Arkansas , a municipality of the State of Arkansas , to me personally known, who stated that they were duly authorized in their respective capacities to execute the foregoing instrument for and in the name of the City and further stated and acknowledged that they had signed, executed, and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 1972. Notary Public My Commission expires : STATE OF LOUISIANA ) ) ss. ACKNOWLEDGMENT PARISH OF CADDO ) On this day before me, a Notary Publ;.c, duly commissioned, qualified and acting within and for the said Parish and State, appeared in person and , to me personally well know, who stated that they were the and of Texas Eastern Transmission Corporation, a corporation, and were duly authorized in their respective capacities to execute the fore- going instrument for and in the name and behalf of said corporation, and further stated and acknowledged that they had so signed, exe- cuted and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of , 1972. Notary Public My Commission expires : 5 Section 2. That the Mayor, City Clerk and City Manager, or any of them, for and on behalf of the City, be, and they are hereby, authorized and directed to do all things , execute all in- struments and otherwise take all action necessary to the realiza- tion of the rights of the City and to the discharge of the obligations of the City as Grantors under the right-of-way easement. Section 3. That the provisions of this resolution are hereby declared to be separable and if any section, phrase or provisions shall, for any reason, be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections , phrases or provisions . Section 4. That all ordinances and resolutions and parts thereof in conflict with this resolution are hereby repealed to the extent of such conflict. Section 5. This resolution shall be in full force and effect from and after its adoption. Passed: Ma 2, 1972 AP ROVED: ATTEST: Mayor ity Clerk 2