Loading...
HomeMy WebLinkAbout29-77 RESOLUTION• RESOLUTION NO. O('7'%d7 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT TO SWEPCO. 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 an easement to SWEPCO for the purpose of enabling SWEPCO to install pad mounted trans- formers and related switch gear in the alley West of Block Street, between Center and Mountain Street. A copy of said easement, marked Exhibit "A", is attached hereto and made a part hereof. PASSED AND APPROVED THIS S DAY OF ATTEST: CITY:CLERK mak APPROVED: • t % , MAYOR MiCROFIL m o Eym DATE-� i'N �.. If Form 759Rev. 7-68 STATE OF ARKANSAS County of Washington • KNOW ALL MEN BY THESE PRESENTS: THAT _ City of Fayetteville Rad Irir r�*fe, of Washington -__ Count Arkansas, One and no/100 GRANTOR, for and in consideration of the sum of 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 presents do grant, bargain, sell and convey unto said Grantee an easement and right of way as hereinafter described for the construction, operation, maintenance and use of electric transmission ,rad distribution lines consisting of variable number of wires, together with any and all necessary 01 desirahle appurtenances and related facilities (including, among other things. structures, towers, poles and supports, telephone and telear;ph wires props anduys), on, over, along, across and under the following described lands located in __as ington County Arkansas, to -wit: An easement and right of way 20 feet in width arid approxintately____�° __ feet in length over and across: A part of Lots 15 and 8 of Block 26 of the original town plat of the town (now city) of Fayetteville, Arkansas, more particularly described as follows: Beginning at a point that is 5 feet West and 97 feet South of the Northeast Corner of the above said Lot 15, run thence South 20 feet, thence West 20 feet, thence North 20 feet, thence East 20 feet to the point of beginning. Grantee shall have the right of ingress and Pgrey' over -long 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 and right of way described herein shall include the right to Grantee of setting and maintaining any necessary anchors and guy cables 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 all and singular the above described easement and rights unto said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. And vvio=otaaeraid--- - - - - ------ 4eF and- ire eonsideretie R rot -said-stiff-rot -n9 ewtey-do-bef eby-re lease -oriel yelp rguisH vrit[r ioid- Grant ee•a1 kn v r rghF of.doweFarul-homesteadin- and- to-said-pre mises-to-t-hee*€Feet- et.he 4 gHts-eedpew Fegeagrenfeel -hereby- IN WITNESS WHEREOF, the hand and seal of Grantor is hereunto set, this ------------------ —day of • • JOINT ACKNOWLEDGMENT .: _ •' THE STATE OF ARKANSAS, County of BE IT REMEMBERED, that on this day came before me, the undersigned, a Notary Public within and for the County aforesaid, duly commissioned and acting, and , his wife, to me well known as the Grantors in the foregoing instrument, and acknowledged that they each had executed the same for the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public, on this day of A. D. 19 Notary Public, ___County, Arkansas. (L. S.) _ My commission expires: ----- ACKNOWLEDGMENT BY CORPORATION THE STATE OF ARKANSAS, County o' WASHiplrTnnl On this 11 me STURMAN MACKEY day of APRIL duly commissioned, qualified and actin, within within named ERNEST E. LANCASTER 19 77 before , a Notary Public and for the said County and State, appeared in person the and DARLENE WESTBROOK to me person rIyY ell erg*own1C who stated that they were the MAYOR and the —____--- _of the CITY OF FAYETTEVILLE a corporation; and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. of 114 RI ` TE NY WHEREOF, I have hereunto set my hand and official seal this da ' �'1' My commission expires ._ STATE OF County of — 4-0 CERTIFICATE CERTIFICATE OF RECORD ' : h ., Clerk of the Circuit Court and Ex -Officio Recorder for the County aforesaid, do hereby certify that the within and foregoing instrument of writing was filed for record in my office on this day of ___—_-- , 19—, at _— o'clock------ M., and the same is now duly recorded, with the acknowledgments and certificates thereon, in "Record Book ," Page IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this day of , 19_ . S. 0 0 0 tri pJooag 1OJ PaLd _ Clerk. By. D.C. • RICHT-0F-WAY AND EASEMENT St - 1.1 Porm 754'Rev. r.ii8:I ; STATE OF ARKANSAS Washington County of KNOW ALL MEN BY THESE PRESENTS: City of Fayettev lle THAT -aod hiswrfe,of Washinston County, Arkansas, GRANTOR, for and in consideration of the sum of One and no/100 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 presents do grant, bargain, seil and convey unto said Grantee an easement 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 angd telE3raph wires, props and guys), on, over, along, across and under the following described lands located in Wasiiniton CountyArcansasi to -wit: - An easement and right of way 20 feet in width and approximately 20 feet in length over and across: A part of Lots 15 and 8 of Block 26 of the original town plat of the town (now city) of Fayetteville, Arkansas, more particularly described as follows: Beginning at a point that is 5 feet West and 97 feet South of the Northeast Corner of the above said Lot 15, run thence South 20 feet, thence West 20 feet, thence North 20 feet, thence East 20 feet to the point of beginning. Grantee shall have the right of ingress and egress over, along and across adjacent lands owned, leased. or contrplled 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 ranted the right of constructing, reconstructing, locating, relocating, inspecting, patrolling, hanging new wirt.s 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 safetl/ and/or the reliability of said lines or their appurtenances and/or the public. Grantor further agrees that the easement and right of way described herein shall include the right to Grantee of\Setting and maintaining any necessary anchors and guy cable's in or over areas beyond the limits of the casement and right of way hereby granted, in the event that the construction or configuration of Grantee's facilities make it necessary or desirable. No buitdings, 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 all and singular the above described easement and rights unto said Grantee its successors and assigns, against every person whomsoever lawfully claiming or to claim the (erne or any part thereof. .w fe.of-t esaid--_----_ s --t r. ssasns=--at. ssaass ---a_ ----; 4et-and• NheonsideroNesefseidewwtefYneney4o-herebyrebeso-endYelingnisitroMo-sei&•6.1..t afhmprtghi' .o 4 aea:rd-horeeneaelxsand•Wasd aremises-io-t eates4ef-the/SMteendprivilega*9ronted'hereby- 1 WITNE WHEREOF, the W and seal of Grantor is hereunto set this 1/ --day of ____.,(. ?i!.:.1..e_ : Al it 0i m igatt Ofb ro ALLEY )1-I> PRovEnfENTS EP '0 P zo 0 r { GENTGR `33T. L.E.tiIS _C3ROS.=.. Cl -k1 DSL• PROPOSEp EASEMENT CoCATIOry I - r 0 LOCRTioly OF PRoPo5E0 LO'XLa' CASE.fnErOT FOR C&EO FACILITIES TO CLEAR ALLEY FOR L\RaRIV RENE‘.JAL �1PRovconENT 5. MONO. DIVISION APPROVED DRAWN BY: Hop Op nP DATE: g- /f 177 WORK ORDER SCALE: 1 ' = 40' DRWG. NO.