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1292r P 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: .. ~ _ ,_ f' ~..~ L 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. 2 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