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Home My WebLink About5264 RESOLUTION NO 5 ,264 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT DEED FROM THE CITY OF LITTLE ROCK AS GRANTOR TO THE LITTLE ROCK MUNICIPAL WATER WORKS FOR PURPOSES OF A RIGHT-OF-WAY TO LAY, CONSTRUCT, MAINTAIN, REPAIR, REPLACE, TEST AND INSPECT UNDERGROUND WATER MAINS; AND FOR OTHER PURPOSES BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS . SECTION 1. The Mayor and City Clerk are hereby authorized to execute an Easement Deed on behalf of the City of Little Rock wherein the City of Little Rock as Grantor does grant to the Little Rock Municipal Water Works a permanent easement upon a certain parcel of land lying and being situate in Pu- laski County, Arkansas, more particularly described as : Part of the SE4 , SE4, Section 2 , T-1-N, R-13-W, more particularly described as follows : A strip of land 15 feet in width lying south of and adjacent to the south right-of-way of Inter- state Highway No. 630 . Beginning at the northeast corner of said SE4, SE4 , Section 2 and running thence S 010 29 ' W, 539. 8 feet along the east line of said SE4 , SE4, to point of beginning of easement described herein; thence N 010 29 ' E, 365 . 9 feet along said south right-of-way line; thence N 52° 20 ' 11" W, 100 . 0 feet along said south right-of-way line to a point of tangent of a left circular curve; thence along said left circular curve of radius 1, 497. 9 feet for 222 .5 feet to the north side of said SE4, SE4, Section 2 . The form and contents of the Easement Deed are hereby approved and made a part hereof as follows : RIGHT OF WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT CITY OF LITTLE ROCK, ARKANSAS Grantor, a corporation, for the sum of ($ ) and other valuable consideration naid by the Board of Commissioners of the Little Rock Municipal Water Works , the receipt of which is hereby acknowledged, does hereby, subject to prior recorded mortgages and easements , if any, grant , bargain, sell and convey unto the City of Little Rock, Arkansas , Grantee , for the use and benefit of the Little Rock Municipal Water Works, and unto the City' s successors and assigns forever, the following described easements : 1. A PERMANENT RIGHT, PRIVILEGE AND EASEMENT for the purpose of permitting the Little Rock Municipal Water Works to clear and keen clear the surface of the right of way and to lay, construct, maintain, repair, replace , test and inspect underground water mains, whether one or more , and surface appurtenances thereto, now and at different times in the future , without the payment of additional compensation therefor . Subject to prior easements of record and except as hereinafter stated, the Water Works shall have the exclusive use of this right of way. The Grantor may hereafter use the surface of the easement for any purpose not inconsistent with the rights hereby conveyed, but may not place a building, foot- ing, wall, structure or other improvement upon the right of way except that, after the initial Water Works construction is completed, the Grantor may nave the easement surface and may use it for driveways , walks or narking areas . The Grantor may permit other utility services to cross this easement at apnroximately right angles, but only if such utilities first comply with whatever specifications the Water Works may designate at the time for the protection of its own facilities . This permanent easement shall be upon the following described lands situated in Pulaski County, Arkansas , to-wit : Part of the SE4, SE4, Section 2, T-1-N, R-13 W, more particularly described as follows: A strip of land 15 feet in width lying south of and adjacent to the south right-of-way Of Interstate Highway No. 630. Beginning at__the_northeast corner of said SE4, SE4, Section 2 and running thence S 01° 29' W, 539.8 feet along the east line of said SE4, SE4, to point of beginning of ease- ment described herein; thence N 010 29' E, 365.9 feet along said south right-of-way line; thence N 52° 20' 11" W, 100.0 feet along said south right-of-way line to a point of tangent of a left circular curve; thence along said left circular curve of radius 1,497.9 feet for 222.5 feet to the north side of said SE4, SE4, Section 2. 2. A TEMPORARY RIGHT, PRIVILEGE AND EASEMENT for the purpose of permitting the Little Rock Municipal Water Works to remove all timber and obstructions therefrom and to make excavations , store excavated materials, tools , supplies and equipment and provide working space. This temporary -easement shall begin when the Little Rock Municipal Water Works commences its initial work on the permanent easement and shall terminate one year from that date or when that work is completed, whichever is earlier. This temporary easement shall be upon the following described lands situated in Pulaski County, Arkansas, to-wit : All lands lying south of and within 10 feet of heretofore said permanent easement. Upon completion of the initial or any subsequent work by the Water Works , the Water Works shall backfill and thoroughly compact all excavations to minimize settling and shall level the surface over its excavations and pipe line(s) , remove all excess excavated materials and debris and leave the premises in a clean sanitary condition. If the initial or any subsequent work by the Water Works damages any fence , curb or paved surface upon the right(s). of way, the Water Works, at its expense, shall repair or replace the damaged portion with materials of like quality and as nearly as possible to its prior condition. The execution of this easement does not give the Grantor the right to connect to or receive service from any waterworks facility; the right to make connections and receive service shall be subject to the rules , regulations, policies or ordinances in effect at the time of application. To have and to hold said easement(s) , rights and privileges unto the Grantee, and unto its successors and assigns forever, for the purposes aforesaid. And Grantor covenants with Grantee , its successors and assigns, that , subject to prior recorded mortgages and easements, if any, it will forever warrant and defend the title to said easement(s) and rights against the claims of all persons whom- soever and that Grantee, its successors and assigns, shall have - 2 - at all times the quiet use and enjoyment of said easement(s) and rights . IN WITNESS WHEREOF, The name and seal of the Grantor are hereunto affixed by its duly authorized officers , this day of , 197 By ATTEST: Official Title Official Title (Corporate Seal) STATE OF ARKANSAS) )ss . ACKNOWLEDGMENT COUNTY OF PULASKI) On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, the within named and to me well known, who stated that they were the and respectively, of a corporation, and were duly authorized in their respective capacities to execute the foregoing easement for and in the name and behalf of said corporation, and further stated and acknowl- edged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and official seal on this day of , 197 My comm. expires : Notary Public (Seal) - 3 - -2- SECTION 2 . That the Mayor and City Clerk are hereby authorized and directed to take all action necessary to the realization of the rights of the City and to discharge the obligations of the City as Grantor under the Easement Deed. SECTION 3 . That the provisions of this Resolution are hereby declared to be separable and if any section, phrase or provision 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 . This Resolution shall be in full force and effect from and after its adoption. ADOPTED: September 3, 1974 ATTEST: APPROVED: 4444144(t" ' City Cler Mayor