HomeMy WebLinkAbout109A-79 RESOLUTION4
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RESOLUTION NO. 109-19A
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A UTILITY EASEMENT TO SOUTHWESTERN ELECTRIC POWER
COMPANY.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute a utility easement to Southwestern
Electric Power Company. A copy of the easement authorized
for execution hereby is attached hereto, marked Exhibit A
and made a part hereof. ,
PASSED AND APPROVED this o?U-/4 day of�,
1979.
ATTEST � 3
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CITYQCLERK-;
f
1
at
ditrk
APPROVED:
Cr*- —
MAYOR
MICROFILM'&
DATE FEB
REEL
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Form 759 Rev. 7-68
STATE OF ARKANSAS
County of
Washington
THAT City of Fayetteville
r11507tre'6f of Washington
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KNOW ALL MEN BY THESE PRESENTS:
and
County,._
Arkansas
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GRANTOR, for and in consideration of the sum of _ane a_L1&nZLLOO 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, 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 and distribution lines consisting of
variable number of wires, together with any and atl necessary or desirable appurtenances and related facilities
(inciacting,-arnvlmrother-t ings,-strrctures,-Duerr,-poles-ortd-supports,-telephone-and-telegrap Fr res; props
end-gtr 3F on, over, along, across and under the following described lands located in Washington County
Arkansas to -wit:
An easement and right of way 10 feet in width and approximately __156�_ 7__ feet
in length over and across:
A part of Block 15 Original Town, now City of Fayetteville, more particularly
described as follows: Beginning at a point which is N 0°25'42" W 95.38 feet
from the Southwest corner of Block 15 in the Original Town, now City of
Fayetteville, said point being on the South line of an East, West alley;
thence East along the Southside of said alley 155.50 feet; thence N 5°41'01"
E 10.05 feet to the North side of said alley; thence West along the North
side of said alley 156.57 feet; thence S 0°25'42" E 10.0 feet to the point of
beginning, and containing 0.04 acres, more or less.
Grantee shall have the right of ingress and egress over, 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.
6rantur further agrees-that-ttre-easemei randriyhrat- ctaytlescribed-here msh2ltlrtthltlettTEright -to
Grecuse-d-seainganei-maiatainiagaaµaecessayr-anchers-acrdyayeable- -o e'er-efeesbeponel-Fhe+irnits of
the—Gassman and claret-°f-way-Icecebflaste4,-ia 4 e -event- he-theseestrae+ e -01eeriftguratrarof-Gre mite's
feei{itiesmake•ii steeessacy-eadesirable.
Hobo i#inns-struchatts,vrother intlntteernerrts-futherhlidnfences)-maybe- canstrnctedatravezyr°rmd,
and- no sues4excapt-fra4-trees.whid.de-nocendanger-saidliae4-s a1lbe-plerued•er-permitted-fey1xer+tee
err said right -o1 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 easementand
rights unto said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
And• r,
wHeef-the said
tocandincansid.eration-nfsaicisumaf.moaey-dalaerebµselease-and-reliruirish..uue saki Graruee•alLa-rigtrl-
ofd°rnx end- homestead -in and to- saki - premises to-tt re -extent of the r lyl r tsand-privfleges g rantetf'hereby.
I W TNESS HEREOF, the hand and seal of Grantor is hereunto set, this
2o -Pr -=0
of day
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