HomeMy WebLinkAbout48-75 RESOLUTIONRESOLUTION NO. 4/(1-75
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A SUBORDINATION AGREEMENT TO ENABLE SOUTHWESTERN ELECTRIC POWER
COMPANY TO LOCATE A TRANSFORMER AND SWITCHING SITE ON THAT
PARKING LOT LEASED BY THE CITY AND LOCATED EAST OF EAST AVENUE
AND SOUTH OF MEADOW STREET.
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 to execute a Subordination Agreement
to enable Southwestern Electric Power Company to locate a
transformer and switching site on the parking lot leased by
the City and located East of East Avenue and South of Meadow
Street. A copy of said Subordination Agreement, marked
Exhibit "A", is attached hereto and made a part hereof.
1975.
PASSED AND APPROVED THIS /41-61A DAY OF
APPROVED:
5
2 d
MAYOR iS,
CITY CLERK
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SUBORDINATION AGREEMENT
WHEREAS, the City has been assigned a lease by and between
Motors Finance Corporation, Lessor, and L. L. Baxter, Hal Douglas,
•Clifton Wade, and Hayden McIlroy, Lesses, for the following de-
scribed property, subject to all the conditions, stipulations,
and agreements contained in said lease; and
WHEREAS, Southwestern Electric Power Company proposes to
locate a transformer and switching site on a portion of said
property, and
WHEREAS, Motors Finance Company has executed an easement
to Southwestern Electric Power Company for the location of said
transformer and switching site.
THEREFORE, the City of Fayetteville, Arkansas, hereby
agrees that its lease for the following described property shall
be subordinated to the easement •attached hereto, marked Exhibit
1975.
and made a part hereof:
A part of Block 15, in the Original Plat of the City
of Fayetteville, Arkansas, described as follows: Be-
ginning at a point 127 feet West of the Northeast
corner of said Block 15, and running thence South 206
feet to the North line of a 12 foot alley, thence West
177 feet to the East line of an alley; thence North 90
feet; thence East 22 feet; thence North 116 feet to the
South line of Meadow Street;. thence East 17 feet; thence
South 27 feet; thence East 20 feet; thence North 27 feet
to the South line of Meadow Street; thence East 118 feet
to the point of beginning.
This Agreement executed this //7/1 day of 34-L4U1.).
ATTEST:
Veld LaJ1421-Lue._dc.
CITY CLERK
CITY OF FAYETTEVILLE, ARKANSAS
BY
a,144P,r2. 42S
MAYOR
Form 759 Rev. 7-68
STATE OF ARKANSAS
Washing
County of ton KNOW ALL MEN BY THESE PRESENTS:
THAT _14.o_tDrs....Einance.....1a1flpany. act_
Ilt.xxsta, of _Washing on County, _Arkanaas
GRANTOR, for and in consideration of the sum of One and naL1Q0 Dollars,
cash in hand paid by Southwestern Electric Power Company, a Delaware corporation, GRANTEE. the receipt •
of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these prosents do grant,
bargain. sell and coney unto said Grantee an easernent and right of way as hereinafter described for the
construction, operation, maintenance and use of electric transmission and distribution lines consisting of
variable number of wires, together with any and all necessary or desirable appurtenances and related facilities
(including, among other things, structures, towers, poles and supports, telephone and telegraph wires, props
and guys), on, over, along, across and under the following described lands located in • ,
to -wit:
An easement and right of way_ feet in width and approximately feet •
in length over and across: Part of Lot 1 in Block 15 in the original plat of the town
(now city) of Fayetteville, more particularly described as beginning at a
point which is 188 feet south and 295 feet west of the northeast corner of
said Block 15 and the intersection of 2 alleys as designated upon the original
plrt of said town and running thence north 16 feet, thence east 20 feet, thence
sotith 16 feet to an alley, thence west 20 feet to the. point of beginning.
Grantee shall have the right of ingress and egress oYer, along and across adjacent lands owned, leased,
or controlled by Grantor, to or from said right of way for any and all purposes relating to or in any way
connected with the construction, operation. maintenance and use of lines, wires, structures, facilities and other
property of Grantee located on the easement and right of way above described. Grantee shall have and is
hereby granted the right of constructing, reconstructing, locating, relocating, inspecting, patrolling, hanging
new wires on existing facilities or such additional facilities and appurtenances as may be required in the future, •
and maintaining, and removing said lines and appurtenances. Grantee shall have and is hereby granted the
further right at all times to remove from said lands all undergrowth, trees and parts thereof (whether within or
outside of said right of way), or other obstructions, which in the opinion of Grantee, constitute a hazard or
endanger the safety and/or the reliability of said lines or their appurtenances and/or the public.
Grantor further agrees that the easement arid right of way described herein shall include the right to
Grantee of setting and maintaining any necessary anchors and guy (-able§ in or over areas beyond the limits of
the easement and right of way hereby granted, in the event that the construction or configuration of Grantee's
facilities make it necessary or desirable.
No buildings, structures, or other improvements (other than fences) may be constructed above ground.
and no trees (except fruit trees which do not endanger said line) shall be planted or permitted by Grantor
on said right of way.
Grantee will repair or pay for any actual damages to land, crops, fences and bridges which might be
sustained during the construction and maintenance of said transmission or distribution lines, and will pay the
prevailing market price for any trees cut outside the easement area as above described.
The cash consideration hereinabove mentioned is Paid by Grantee and accepted by Grantor as full and
total payment for the easement and right of way, all trees, undergrowth. or other obstructions, trimmed or
removed from said lands during the construction and maintenance of Company's facilities, and for all other
rights and privileges hereinabove set forth.
TO HAVE AND TO HOLD the above deScribed easement and rights unto said Grantee, its successors
and assigns, forever or until said right of way is finally abandoned.
. And Grantor agrees to warrant and forever defend al! and singular the above described easement and
rights unto said Grantee, its successors and assigns, against every person whomsoever lay/fully claiming or to
claim the same or any part thereof.
And I,
wife of the said •
for and in consideration of said sum of money do hereby release and relinquish unto said Grantee all my right
of dower and homestead in and to said premises to -the extent of the rights and privileges granted hereby.
IN WITNESS to/HEREOF, the hand and sea! of Grantor is hereunto set, this. ---day
of A_pril ,19 75
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