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07040001G4 RESOLUTION NO, 704 (#13 - 2013) A RESOLUTION IN SUPPORT OFAND A UTHORIZING EXECUTION OF AN EASEMENT AND USE AGREEMENT FOR THE JACKSONVILLE WATER DEPARTMENTAND JACKSONVILLE WASTEWATER UTILITY FOR CERTAIN REAL PROPERTY DESCRIBED HEREIN (GENERAL DESCRIPTION. 400 -BOO BLOCKS OFSOUTH REDMOND ROAD); AND, FOR OTHER PURPOSES. WHEREAS, the real property belonging to the City of Jacksonville in the 400-800 blocks of South Redmond Road is encompassed by the Utility Relocation Plan for the expansion of Highway 67/167; and, WHEREAS, because of expansion of the Redmond Road Overpass on Hwy. 67/167, water utility distribution and wastewater utility collection lines must be relocated along, within, and under the real property described on the attached documents, identified and marked as Exhibit A and Exhibit B. To satisfy Arkansas Highway Department requirements, the City must grant an Easement across, under, and upon said real property for relocation of said water distribution lines to the Jacksonville Water Department and wastewater lines to the Jacksonville Wastewater Utility for relocation of sewer collection lines. In so doing, both the Water Department and the Wastewater Utility shall comply with all applicable local, state, and federal regulations in the construction, location, and maintenance of said water distribution lines and sewer collection lines. NOW, THEREFORE, BELT RESOL VED BY THE CITY COUNCIL OF THE CITY OFIACKSONVILLE, ARKANSAS, THAT; SECTION ONE; The City Council of Jacksonville, Arkansas, supports granting an Easement and Use Agreement to the real property described on the attached Exhibits A and B to the Jacksonville Water Department and Jacksonville Wastewater Utility, respectively, recognizing and agreeing that the Water Department and the Wastewater Utility will abide by all applicable and restrictive regulations, standards, and laws in their respective construction, development, operation, and maintenance of said lines. The Council authorizes Mayor Fletcher and City Clerk Davitt to execute and submit the appropriate documentation required to complete said Easements and Use documents, and the Council understands that no monetary amount will be exchanged between the parties. All such transfers for both entities are further contingent upon their respective WAGS RESOLUTION NO, 704 (#13-2013) Page Two compliance with any and all applicable provisions of the existing Lease Agreement involving portions of the same property between the City and Arkansas Midland Railroads. SECTION TWO: Any and all other Resolutions in conflict herewith are hereby repealed to the extent of said conflict. This Resolution shall be in effect from and after its date of passage. APPROVED AND ADOPTED THIS - IYk DA Y OF SEPTEMBER, 2013. MAYOR GARY ATTEST,• SUSAN DA V , CITY CLERK Resolution No, 704 (#13-2013) Exhibit Jacksonville Water Works Easement.• OCKAGG v Part of the Northeast Quarter of Section 25, T3N, RI IW, Pulaski County, Arkansas, being more particularly described as follows: Beginning at the Northeast corner of Lot 11, Pine Tree Acres; thence East along South Right of Way of South Redmond Road 24 feet to the Point of Beginning; Thence North perpendicular to South Redmond Road, 71 feet; thence West parallel to and South of the City Railroad, 193 feet; thence North perpendicular to said City Railroad, 55 feet; thence West parallel to and North of City Railroad, 649 feet; thence South perpendicular to the City Railroad, 48 feet; thence West parallel to South Redmond Road 340 feet to the Permanent Easement located North of South Redmond Road and just East of Rocky Branch; said description of the centerline of a 20 feet Easement (10 feet on each side) for a total of .65 acres, more or less. Exhibit B Jacksonville Wastewater Utility Easement.• A strip of land 20.0' wide and 873.0' long, more or less, for a Permanent Easement lying 10.0' South of and parallel to the North Right of Way of the City railroad that runs parallel to South Redmond Road. Beginning on the East side of U.S. Highway 67 at JWWU Manhole #2979, thence crossing the City Railroad and running Northwest parallel along said Right of Way, thence crossing the City Railroad West of Municipal Drive and terminating at JWWU Manhole #2943. Said Permanent Easement contains 0.40 acres, more or less.