1292r
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RESOLUTION NO. ~_
A RESOLUTION APPROVING A QUITCLAIM DEED AND A
SUBORDINATION AGREEMENT AS REQUIRED BY THE CONTRACT
BETWEEN THE WEST MEMPHIS UTILITY COMMISSION AND THE
UNITED STATES OF AMERICA AND AUTHORIZING THE MAYOR TO
EXECUTE THE QUITCLAIM DEED AND THE SUBORDINATION
AGREEMENT.
WHEREAS, the West Memphis Utility Cammission (the
"Commission") and the United States of America (the
"Government") entered into contract number DACW66-91-C-0038
on May 6, 1991, providing for the alteration of six
waterlines on Item No. R-735, West Memphis, Arkansas,
Landside Berm and Drainage Improvement; and
WHEREAS, the contract requires that upon completion of
the work the Commission shall execute and deliver to the
Government a Quitclaim Deed and a Subordination Agreement
in substantially the form as attached hereto; and
WHEREAS, all work performed under contract number
DACW66-91-C-0038 has been completed; and
WHEREAS, the Quitclaim Deed and the Subordination
Agreement, as attached hereto, should be approved, and the
Mayor should be authorized to execute said documents on
behalf of the Commission and the City of West Memphis;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARKANSAS, THAT the Quitclaim Deed
and the Subordination Agreement are hereby approved and the
Mayor is hereby authorized to execute the Quitclaim Deed
and the Subordination Agreement on behalf of the West
Memphis Utility Commission and the City of West Memphis,
Arkansas.
1992.
ADOPTED this ~ day of ,
ITH M. INGRAM, yor
ATTEST.
AN CRAFT, i C r
SPONSORED BY:
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QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That West Memphis Utility Commission,
for and in consideration of the mutual promises made and benefits and
detriments incurred in that certain contract made and entered into between
the United States of America and West Memphis Utility Commission, Contract
No. DACW66-91-C-0038 dated 6 May 1991, the terms and provisions of which
are incorporated hereby by reference, does hereby grant, sell and quitclaim
unto the St. Francis Levee District of Arkansas, its lawful successor,
and/or designee the following land, easements and rights-of-way lying in
the County of Crittenden, State of Arkansas, to wit:
Station 10+49, B=Inch Waterline
All that part of West Memphis Utility Commission right-of-
way and facility lying within the right-of-way limits of Item
No. R-735, West Memphis, Arkansas, Landside Berm and Drainage
Improvement, a unit of the Mississippi River Levees Project
located in the SE 1/4 of the NW 1/4 and the SW 1/4 of the NE 1/4
of Section 17, T 6 N, R 9 E, Crittenden County, Arkansas, and
on either side of the following described centerline:
Beginning at the intersection of said centerline with the
~. west right-of-way line of said project, said intersection
being approximately 10G feet westerly of the U.S. Army Corps
of Engineers Baseline Station 10+38.76; on a bearing of
N 81° 34' W;
Thence, easterly along said centerline approximately
120 feet, crossing the U. S. Army Corps of Engineers Baseline
at Station 10+49 and terminating at a point on the east right-
of-way line of said project, said terminal point being
approximately 14 feet southeasterly of and along a line normal
to the U.S. Army Corps of Engineers Baseline Station 10+51.
Station 36+65, 6-Inch Watetline
All that part of West Memphis Utility Commission right-of-
way and facility lying within the right-ef-way limits of Item
No. R-735, West Memphis, Arkansas, Landside Berm and Drainage
Improvement, a unit of the Mississippi River Levees Project
located in the NE 1/4 of the NW 1/4 and the NW 1/4 of the NE 1/4
of Section 17, T 6 N, R 9 E, Crittenden County, Arkansas, and
on either aide of the following described centerline:
Beginning at the intersection of said centerline with the
west right-of-way line of said project, said intersection being
approximately 90 feet southwest of and along a line normal to
the U.S. Army Corps of Engineers Baseline Station 36+74;
Thence, easterly along said centerline approximately
120 feet, crossing the U.S. Army Corps of Engineers Baseline
at Station 36+65 and terminating at a point on the east right-
of-way line of said project, said terminal point being
approximately 30 feet northeast of and along a line normal to
the U.S. Army Corps of Engineers Baseline Station 36+64.
Station 37+45, 12-Inch Waterline
All that part of West Memphis Utility Commission right-of-
way and facility lying within the right-of-way limits of Item
No. R-735, West Memphis, Arkansas, Landside Berm and Drainage
Improvement, a unit of the Mississippi River Levees Project
located in the SE 1/4 of the SW 1/4 and the SW 1/4 of the
SE 1/4 of Section 8, T 6 N, R 9 E, Crittenden County, Arkansas,
and on either side of the following described centerline:
Beginning at the intersection of said centerline with
the west right-of-way line of said project, said intersection
being approximately 70 feet southwest of and along a line
normal to the U.S. Army Corps of Engineers Baseline
Station 37+49;
Thence, easterly along said centerline approximately
101 feet, crossing the U.S. Army Corps of Engineers Baseline
at Station 37+45 and terminating at a point on the east right-
of-way line of said project, said terminal point being approxi-
mately 31 feet northeast of and along a line normal to the
U.S. Army Corps of Engineers Baseline Station 37+43.
Station 40+90, 8-Inch Waterline
All that part of West Memphis Utility Commission right-of-
way and facility lying within the right-of-way limits of Item
No. R-735, West Memphis, Arkansas, Landside Berm and Drainage
Improvement, a unit of the Mississippi River Levees Project
located in the SE 1/4 of the SW 1/4 and the SW 1/4 of the SE 1/4
of Section 8, T 6 N, R 9 E, Crittenden County, Arkansas, and on
either side of the following described centerline:
Beginning at the intersection of said centerline with the
west right-of-way line of said project, said intersection being
approximately 48 feet southwest of and along a line normal to
the U.S. Army Corps of Engineers Baseline Station 40+90;
Thence, easterly along said centerline approximately 87 feet,
crossing the U.S. Army Corps of Engineers Baseline at
Station 40+90 and terminating at a point on the east right-of-
way line of said project, said terminal point being approximately
39 feet northeast of and along a line normal to the U.S. Army
Corps of Engineers Baseline Station 40+90.
Station 47+91, 12-Inch Waterline
All that part of West Memphis Utility Commission right-of-
way and facility lying within the right-of-way limits of Item
No. R-735, West Plemphis, Arkansas, Landside Berm and Drainage
Improvement, a unit of the Mississippi River Levees Project
located in the SE 1/4 of the SW 1/4 of Section 8, T 6 N, R 9 E,
Crittenden County, Arkansas, and on either side of [he following
described centerline:
Beginning at a point on said centerline approximately
76 feet southwest of and along a line normal to the U.S. Army
Corps of Engineers Baseline Station 45+33;
Thence, northezly along said centerline approximately
357 feet and terminating at a point on the north right-of-way
line of said project, said terminal point being approximately
66 feet southwest of and along a line normal to the U.S. Army
Corps of Engineers Baseline Station 48+90.
It is the intention of the foregoing description to describe
the limits of the owner's facility right-of-way to be quitclaimed
within the Government's project right=of-way limits.
TO HAVE AND TO HOLD the same unto the said St. Francis Levee District
of Arkansas and its assigns forever, with all appurtenan~~~ thereunto
belonging.
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IN WITNESS WHEREOF, West Memphis Utility Commission has caused these
presents to be executed in its name by Keith M. Ingram, who is Mayor of the
City of West Memphis, Arkansas, and whose act was duly .authorized, and was
duly attested by Lisa Kay Kimbrell, who is Secretary of the Commission, this
day of 1992.
WEST MEMPHIS UTILITY COMMISSION
- BY:
Keith M. Ingram, Mayor
ATTEST:
Lisa Kay Kimbrell,
Secretary of the Commission
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)SS
COUNTY OF CRITTENDEN)
On this day of 1992, before me appeared Keith M. Ingram,
to me personally known, who being by me duly sworn, did say that he is
Mayor of the City of iJest Memphis, Arkasnas, and that the foregoing,instrumenG
was signed in behalf of West Memphis Utility Commission, by authority of its
governing body and said Keith M. Ingram acknowledged said instrument to be
the free act and deed of said commission.
IN TESTIMONY WHEREOF, I have hereunto .set my hand and `affixed my official
seal at my office in said County and State, the day and year last written
above.
NOTARY PUBLIC
(Type or Print Name)
(SEAL)
My commission expires:
This instrument prepared by
Billie Parrott, Realty Assistant.
Descriptions furnished by
-~ Cartographers, Real Estate Division
U.S. Army Corps of Engineers
B-202 Clifford Days Federal Building
Memphis, Tennessee 38103-1894
3
SUBORDINATION AGREEMENT
THIS SUBORDINATION AGREEMENT, executed this day of
1992, by West Memphis Utility Commission, hereinafter referred to as the
Grantor, to St. Francis Levee District of Arkansas, its lawful successor,
and/or designee, hereinafter referred to as the Grantee,
WITNESSETH:
' ,. WHEREAS, the Grantor and the United States of America, hereinafter
referred to as the Government, have hereto entered into a contract, Contract
No. DACW66-91-C-0038 dated 6 May 1991, [he terms and provisions of which are
incorporated herein by reference, providing for the alteration of six
waterlines on Item No. R-735, West Memphis, Arkansas, Landside Berm and
Drainage Improvement; and
WHEREAS, the Grantor agreed in the aforementioned contract [o execute
and deliver to the Government an instrument of subordination whereby the
GrantoF subordinates certain of its right, title, and interest in and to the
Grantor's right-of-way .described hereinafter to the right of the Grantee to
construct, operate, and maintain, on the Grantor's right-of-way, an improved
flood control system involving the aforementioned project, said improvement
being a part of the Mississippi River Levees Project; and
WHEREAS, the Government has requested the Grantor to execute and deliver a
Subordination Agreement, in accordance with the terms of the referenced contract;
NOW, THEREFORE, the Grantor, acting in accordance wiEh and pursuant to the
laws of the State of Arkansas and in accordance with a resolution of the
Grantor's governing body, duly adopted and entered, and in consideration of the
mutual promises made and the benefits and detriments incurred in the afore-
mentioned contract and in discharge of [he obligations assumed thereunder, does
hereby agree that certain of the Grantor's right, title, and interest in and
to those portions of its right-of-way, and facility lying in the vicinity of
Item No. R-735, and which are depicted on Exhibits A and B of the aforementioned
contract as lying within the Project right-of-way limits, and which are more
particularly described hereinafter, are hereby made subject and subordinate to
the right of the Grantee to construct, operate, and maintain that portion of the
Mississippi River Levees Project [hat includes the flood control improvement
along Item No. R-735. The area herein subordinated includes all those portions
of right-of-way lying within the limits of the following described area:
,.
Station 30+64, 8-Inch Waterline
All that part of West Memphis Utility Commission right-
of-way and facility lying within the right-of-way limits of
Item N. R-735, West Memphis, Arkansas, Landside Berm and
Drainage Improvement, a unit of the Mississippi River Levees
Project located in the NE 1/4 of the NW 1/4 and the NW 1/4
of the NE 1/4 of Section 17, T 6 N, R 9 E, Crittenden County
Arkansas, and on either side of the following described
centerline:
Beginning at the intersection of said centerline with
the west right-of-way line of said project, said intersection
being approximately 134 feet southwest of and along a line
normal to the U.S. Army Corps of Engineers Baseline Station 30+73;
Thence, easterly along said centerline approximately
133 feet, and terminating at a point on the east right-of-way
line of said project, said terminal point being approximately
1 foot southwest of and along a line normal to the U.S. Army
Corps of Engineers Baseline Station 30+64.
IN WITNESS WHEREOF, Grantor has hereto executed this instrument this
day of
' 1992.
WEST MEMPHIS UTILITY COMMISSION
BY:.. ... .
'"'"Keith M. Ingram, Mayor
ATTEST: ...... .. ..
-Zisa ay Kimbre 1 .
Secretary"of the Commission
J
• r
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)SS
COUNTY OF CRITTENDEN)
On this day of 1992, before me appeared Keith M. Ingram,
to me personally known, who being by me duly sworn, did say that he is
Mayor of the City of West Memphis, Arkansas, and that the foregoing instrument
was signed in behalf of West Memphis Utility Commission, by authority of its
governing body and said Keith M. Zngram, acknowledged said instrument to be
the free act and deed of said commission.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official
seal at my office in said County and State, the day and year last written
above.
NOTARY PUBLIC
(Type or Print Name)
(SEAL)
My commission expires:
This instrument prepared by
Billie Parrott, Realty Assistant.
Descriptions furnished by
Cartographers, Real Estate Division
,_~ U.S. Army Corps of Engineers
B-202 Clifford Davis Federal Bldg.
Memphis, Tennessee 38103-1894
3