HomeMy WebLinkAbout34-76 RESOLUTION•
RESOLUTION NO. 34}-74
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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 to execute an acceptance of a roadway easement from
St. Louis -San Francisco Railway Company. A copy of said easement,
marked Exhibit A, is attached hereto and made a part hereof.
PASSED AND APPROVED THIS ✓/d DAY OF , 1976.
ATTEST:
APPROVED:
%LC�7I� %;;-.7(22.7C)
MAYOR
CITY CLERK
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R-5355
ROADWAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY, a Missouri
corporation, party of the first part, "Grantor" herein, for and in
consideration of the sura of ONE DOLLAR ($1.00) and other good and
valuable consideration, to it in hand paid by the CITY OF FAYETTE-
VILLE; Washington County, Arkansas, a Municipal corporation, party
of the second part, "Grantee" herein, receipt of which is hereby ac-
knowledged, does hereby Grant and Convey unto the CITY OF FAYETTE-
VILLE, its successors or assigns, an easement, for roadway purposes,
upon, over and across a strip or parcel of land located in Sections
Four (4) and Nine (9), Township Sixteen (16) North, Range Thirty (30)
West, Washington County, Arkansas, at Fayetteville, being more parti-
cularly described as follows:
page S. 02
Being the easterly Twenty-three (23) feet of
Grantor's One Hundred (100) foot wide right of
way, that is to say, Fifty (50) feet on each
side of the center line of Grantor's main track
as same is now located and constructed, said
strip or parcel to extend in a northerly direc-
tion from a point Fifty (50) feet southerly from
the intersection of the West line of Gregg Avenue
with Grantor's easterly right of way line South
of Spruce Street to the westerly projection of
the North line of Ash Street. Contains Ninety
Hundredths (0.90) acre more or less.
Subject to other easements and restrictions, recorded and
unrecorded.
It is understood and agreed that the grant of easement
hereby conveyed is upon the express condition that the Grantee shall
construct, and pay for any improvements or maintenance of said road-
A
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page 8.03
way; and that, if and when said Grantee shall ever cease to main-
tain and use said roadway upon, across and over the premises de-
scribed above, said easement shall thereupon cease, determine and
come to an end.
The Grantor reserves the full use and enjoyment of the
above-described property except for the rights herein granted, in-
cluding but without limitation the right to construct additional
tracks over and on said property and the Grantor shall have the
right to grant such other licenses, easements and rights in the
said property as will not unreasonably interfere with the Grantee's
use of the same.
IN WITNESS WHEREOF, the said Grantor has caused these pre-
sents to be signed in its name by its President, its corporate seal
affixed, and attested by its 4xnt; Secretary, this the lir
day of
.L(L J , 1976.
ATTEST:
City Clerk
ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY
By
President
ACCEPTED BY CITY OF FAYETTEVILLE, Wash-
ington County, Arkansas, this
day of , 1976.
By
Title:
STATE OF MISSOURI )
) ss:
CITY OF ST. LOUIS )
On this the /,r day of e , 1976, before me,
Mary L. AllhofE G
the undersigned officer, personally ap-
peared R. C. GRAYSON, who acknowledged himself to be the President
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page 8. 04
of the ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY, a corporation, and
that he, as such President, being authorized so to do, executed the
foregoing instrument for the purposes therein contained, by signing
the name of the corporation himself as President.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
My Commission expires JG 177
- 3
.r
P.c.,•L Al
tal Notary Public
Cammiumned wrth'n •r d for t•n Loud,
which adlmns City .;l s:, lou i. Mc.omi Amis "114 a,. ...
performed.