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HomeMy WebLinkAbout27-74 RESOLUTION• daT • RESOLUTION NO. .21-111i- BE 21-lµ BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk be, and they hereby are authorized and directed and to execute a twenty-five (25) foot easement to Herbert Lewis, Sr.. for private drive pur- poses:to enable said Herbert Lewis, Sr. to have ingress and egress to his presently landmarked property which abutts City property at Lake Segooyah. A copy of-Psaid easement, - marked Exhibit "A", is attached hereto and amde a part here=- of. PASSED AND APPROVED THIS ? ,d_ay'of, 1974. a 4 ATTEST: 44 APPROVED: MAY OR r EASEMENT KNOW ALL MEN BY THESE PRESENTS: F11 RECORD :714 JUL '10 pi 1:.566 ejjj1(rrH COUNTY CI^Cu1F CLEpg ER That, the City of Fayetteville, Arkansas, a municipal corporation, the grantor herein, in consideration of the sum of One Dollar ($1.00). and other valuable consideration to it paid by -Herbert A.;..Lewis, Sr., the grantee herein, receipt of which is hereby acknowledged;.does grant to the said Herbert A. Lewis, Sr. an easement .over the following described real estate for the sole purpose of use as a private drive• to landlocked property owned by said Herbert A. Lewis, Sr., to -wit: A strip of land 25 feet in width lyingin the Southeast Quarter of the Northeast Quarter of Section Seventeen (17), Township Sixteen (16) North, Range Twenty-nine (29) West, the centerline of which is described as follows: Beginning at a point which lies 12.5 feet South of the Southeast corner of the NE Quarter of the NWa of the SE' of the NE; and running thence East 299;3 feet to a public road., City of Fayetteville,. Washington County, Arkansas. TO HAVE AND TO HOLD said premises to said grantee, Herbert A. Lewis, Sr., his successors or assigns only so long as said premises are used bysaidgrantee, his successors or assigns as a private drive. Should grantee, his successors or assigns at any time abandon the use of said premises, or fail at any time to use the same for said purpose, or subdivide or otherwise develop the landlocked property served by this easement, the right hereby shall cease, and grantor shall at once have the tight to resume 'exclusive possession of said premises. Grantee, his successors or assigns shall maintain said private drive and keep the same in good condition and repair on the premises hereinabove described as long as :the same shall be maintained thereon, including the maintenance of any and all paving thereof at its sole expense, and in this behalf agrees to indemnify and save harmless :grantor against any and all such'cost and expense.. Grantor reserves the right to use the above described premises" for any purpose not inconsistent with the right and'priviliges granted to grantee: This instrument is subject to all valid and existing contracts, leases, liens or incumbrances which may effect the above described property, and the word grant as used herein shall not be:construed as Witness our hands and seal on this -„2g4(day of - 1974. ATTEST: CITY OF OF FAYETTEVILLE, ARKANSAS A Municipal Corporation ACKNOWLEDGEMENT STATEOFARKANSAS ,) ) ss. COUNTY OF WASHINGTON ) By: MA OR On thishiy'day of', ig, 1974, before me, t� %/J4/,�Uy , theun ersned officer,. a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named Russel Purdy and Darlene Westbrooke, to me personally well known, who stated.. that they were the Mayor and City Clerk of the City of Fayetteville, Arkansas.,•a municipal corporation, and were.. duly authorized in their respective capacities to execute the foregoing instrument for and inthe.name and behalf of said corporation, and further stated and acinowledged .that they had so signed,- executed and delivered said instrument for the consi- deration, uses and purposes therein contained and set forth. IN TESTIMONYWHEREOF, I have hereunto set my hand and officialsealthis • day. of • My Commission Expires: