HomeMy WebLinkAbout51-78 RESOLUTION•
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RESOLUTION NO. Sl --1S
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN EASEMENT TO ST. LOUIS -SAN -FRANCISCO RAILWAY CO.
FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING
A RAILROAD TRACK UPON CERTAIN PROPERTY LOCATED WITHIN
THE FAYETTEVILLE INDUSTRIAL PARK.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
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That the Mayor and City Clerk are hereby authorized
and directed to execute an easement to St. Louis - San Francisco
Railway Co. for the purpose of constructing, maintaining, and
operating a railroad track across certain property located within
the Fayetteville Industrial Park. A copy of said easement marked
Exhibit "A" is attached hereto and made a part hereof.
PASSED AND APPROVED this Arday of itt , 1978:
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Lateiaita4-4-)
, tCITY CLERK
APPROVED:
Saffent,
MAYOR
MiCROFILMED:
DATE Orr 3 1919
REEL
MICROFI
DATE.
REEL
1971
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EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
R-4932
TXRIBIT A
ees S148
That the CITY OF FAYETTEVILLE, a municipal corporation
located in the County of Washington, State of Arkansas, party of
the first part, "Grantor" herein, for and in consideration of the
sum of ONE DOLLAR ($1.00) and other good and valuable considerations,
to it in hand paid by the ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY,
party of the second part, "Grantee" herein, receipt of which is
hereby acknowledged,dces hereby grant and convey unto ST. LOUIS -SAN
FRANCISCO RAILWAY COMPANY, its successors or assigns, an EASEMENT
for the purpose of constructing, maintaining and operating a rail-
road track upon, over and across a certain strip or parcel of land
lying, being and situate in the Northwest Quarter (NIA) of Section
Twenty-six (26), Township Sixteen (16) North, Range Thirty (30) West,
Washington County, Arkansas, near Fayetteville, said strip or parcel
of land being One Hundred (100) feet in width, that is to say, Fifty
(50) feet on each side of the center line of the lead track as same
is now located and constructed, said center line of lead track being
described as follows:
Commencing at the southwest corner of the Northwest
Quarter (NW3/4) of the -Northwest Quarter (NWk) of said
Twenty-six (26); thence northerly along West
line of said Section Twenty-six (26) a distance of
Fifty (50) feet to the center line of said lead track
for the point of beginning; thence South Eighty-eight
Degrees Thirty-three. Minutes (88° 33') East a distance
of One Thousand Five Hundred Forty-six and Sixteen
Hundredths (1546.16) feet to end of said lead track.
Contains Three and Four Tenths (3.4) acres, more or
less.
Subject to easements of record and the rights of the
public in the roadway located on above-described
premises.
It is understood and agreed that the grant hereby conveyed
is upon the expresssondition.thatjfthe-ST.JLOUIS-SAN FRANCISCO
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RAILWAY COMPANY, its successors or assigns, shall fail to construct,
maintain or operate a railroad track upon, over or across the strip
or parcel of land above described, said easement shall thereupon
cease, determine and come to an end, whereupon said ST. LOUIS -SAN
FRANCISCO RAILWAY COMPANY, its successors or assigns, shall have a
reasonable time within which to remove the track and appurtenances,
if any, from said land.
WITNESS our hands and seal this hi— day of aarala-
1978.
CITY OF FAYETTEVILLE, ARKANSAS,
a Municipal Corporation
By i4-72-edzs-cqt-
ATTEST: Mayor
0(4,Leua) 4111 -S4 -4r
City Clerk
STATE OF ARKANSAS )
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COUNTY OF WASHINGTON )
On this iraday of aur ---7- 2 1973, before me, a
Notary Public, personally appeared the CITY OF FAYETWILLE,
ARKANSAS, a municipal cor ration, by gimellAtit DTC4--/ce---4-922
and tbti known to me to be the persons
whose names are subscribed to the foregoing instrument and acknowle
edged that they, being fully authorized so to do, had executed the
same for the purposes therein stated.
seal.
IN WITNESS WHEREOF, I hereunto set my hand and official
My Commission expires
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0a -w4, raj
Notary Publi't