HomeMy WebLinkAbout38-77 RESOLUTION•
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RESOLUTION NO. 38-I n
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN EASEMENT TO JEREMY HESS FOR A PRIVATE DRIVE ACROSS
PROPERTY OVERLOOKING LAKE SEQUOYAH DAM.
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 Jeremy Hess
for a private drive across property overlooking Lake Sequoyah
Dam. A copy of said easement, marked Exhibit "A", is attached
hereto and made a part hereof.
PASSED AND APPROVED THIS /1 DAY OF
APPROVED:
r�ne4t
MAYOR
ATTEST::
QPun-lta4 ¢J
CITY CLERK
, 1977.
MICROFILMocol ED 1919
DATE_
REEL
MICROFILMED
DATE OCT 1973
REEL—
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E a,s erne.nt -
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This instrument is subject to all valid and existing contracts,
leases, liens or encumbrances which may affect the above described
property, and the word grant as used herein shall not be construed
as a covenant against the existence of any thereof.
Witness our hands and seal on this %9 day of
1977.
ATTESQ,
• .e
., CITY CLERK
CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation
BY,--te.r �l �l <a-a.a-a4
MAYOR
ACKNOWLEDGMENT
r
STATE OF ARKANSAS
)SS
COUNTY OF WASHINGTON
On this /y day of "1)11.'; , 1977, before me, the
undersigned officer, a Notary Public duly commissioned, qualified
and acting, within and for the said County and State, appeared in
person the within named Ernest Lancaster and Darlene Westbrook,
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 in name and behalf of
the said corporation, and further stated and acknowledged that
they -l ad—exec zted,.and_.d.Plivered_ said instrument ±or.._,the_consideration,
uses and purposes therein contained and set forth.
In Testimony Whereof, I have hereunto set my hand and
official seal this /5Y day of
My Commission Expires:
1 1 T.
�_t
Notary Public
1977.
932 567
This Instrument Prepared By:
Us
J w
James N. McCord, City Attorney
Postal Dr,wer F
Fayetteville, Arkansas 72701
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EASEMENT
KNOW ALL DEN BY THESE PRESENTS:
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That the City of Fayetteville, Arkansas, a•muniaipal
poration, the grantor
cor-
herein, in consideration of the sum of
paid
One Dollar ($1.00) and other valuable consideration to it
by Jeremy Hess, the grantee herein, receipt of which is hereby
acknowledged, does grant to the said Jeremy Hess an easement
over the following desscribed real estate for the sole purpose
of use as a private drive to landlocked
Jeremy Hess, to -wit:
A permanent easement of 25 feet of
width off the North side of a line
property owned
by said
equal and uniform
described as follows:
Beginning at a point which is 420 feet West and 654
feet North of the Southeast corner of the Northeast
Quarter (NE/4) of Section 17, Township 16 North, Range
29 West, and running thence West 297 feet to the point
of ending of the line.
TO HAVE AND TO HOLD said premises to said grantee, Jeremy
Hess, his successors or assigns only so long as said premises
are used by said grantee, 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 right to resume
exclusive possession of said premises.
Grantee, his successors or assigns shall maintain said private
drive and keep the same in good condition
hereinabove described as long as the same
thereon, including the maintenance of any
and repair on the premises
shall be maintained
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 privileges
granted to grantee.
es 932 566