HomeMy WebLinkAbout74-79 RESOLUTIONr
RESOLUTION NO. 74-'19
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INSTITUTE
EMINENT DOMAIN PROCEEDINGS TO CONDEMN EASEMENTS NECESSARY FOR
THE RELOCATION OF UTILITY LINES IN CONNECTION WITH THE WIDENING
OF U.S. HIGHWAY 71 B SOUTH.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS.
That the City Attorney is authorized and directed to execute
eminent domain proceedings to condemn the easements described
in Exhibit "1-10" attached hereto and made a part hereof which
easements the Board of Directors determines are necessary for
the relocation of utility lines in connection with the widening
of U.S.Highway 71 B South.
PASSED AND APPROVED this rifle day CIAO (, t
1979. CIA-Ort
ATTEST:
APPROVED:
MAYOR
MICROFILMED
DATE OCT 3 1979
REEL
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NAMES AND ADDRESSES OF OWNERS OF PROPERTIES TO BE CONDEMNED FOR UTILITY
LINES ON SOUTH SCHOOL
NAME
Miller, Ransom
Heflin, Mary I.
Vaughn, Robert L.
ADDRESS
c/o Arthur Miller
Willoughby Road - Fayetteville
c/o Bill Putman, Attorney
Fayetteville
Wyman Road - Fayetteville
Town & Country Home Center, Inc.
1133 South School - Fayetteville
Hargis Trading Company J. 0. Witt, c/o City Lumber Co.
South School - Fayetteville
Witt, James O., Jr. & Mildred
c/o City Lumber Company
South School - Fayetteville
Ashburn, John F. & Lee c/o East 16 Animal Hospitol
Fayetteville
Bartholomew, Argil c/o Washington County Sales Barn
Fayetteville
Selle, Robert L. & Patti A.(/Rt. 2 Box 153B %SI NA U R Pf{ Y
Perryville, AR 72126
BF M u c PH y 4 Cfbe LI SLE
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' ;TractrNo.
TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
exp
19-E
THAT Ransom Miller and Miller, Husband and Wife
for and in consideration of
( ), and other valuable considerations, to cash in hand paid by the
Arkansas State Highway Commission, the receipt of which is hereby acknowledged, do
hereby give and grant to the Arkansas State Highway Commission, it successors and
assigns an exclusive temporary right of way and temporary easement for the sole
purposes necessary for Highway construction, Arkansas State Highway Commission Job
No. 4702 , together with free ingress and egress, to, across, through and
over the following lands situated in the County of Washington , State of
Arkansas.
LEGAL DESCRIPTION
A part of the Northwest Quarter of the Northeast Quarter of Section 28, Township
16 North, Range 30 West, Washington County, Arkansas, more particularly described
as follows:
Beginning at a point that is 40.0 feet Right of and on a. radial line from
centerline station 66+00.0 said point being on the existing Easterly right of
way line of U.S.. Highway. 71B; thence South 73° 60' East a distance of 10.0
'feet to -a point ;thence in a Southwesterly direction on a curve Right having
a radius of 1482.39 feet a distance of 27.9 feet to a point; thence North 81°
53' West a distance of 10.1 feet to a point on said existing right of way line;
thence in a Northeasterly direction along said existing right of way line on a
curve Left having a radius of 1472.39 feet a distance of 29.4 feet to the point
of beginning and containing 0.01 Acre, more or less. 0k
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1-3-79
together with the rights, easements and privileges in or to said lands which may
be required for the full enjoyment of the rights herein granted.
This temporary easement as conditioned above shall terminate when Arkansas
State Highway Commission Job No. has been completed by the contractor
and accepted by the Arkansas State Highway Commission.
TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission
and to its successors and assigns for and during the term aforesaid and for the
pruposes hereinabove set forth.
WITNESS hand on this day of
1979
(SEAL)
(SEAL)
(SEAL)
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Tract No.
71-U-39
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Cwners: Marr I. Hafl'
EASEMENT
widow of Walter
flit.
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned grantor for the consideration of One Dollar
($ 1.00) and other good and valuable consideration to it in hand paid
by the City of Fayetteville, Arkansas, a municipal corporation, the
grantee, the receipt of which is hereby acknowledged, does hereby
grant, bargain, sell and convey to the City of Fayetteville, Arkansas,
a municipal corporation, and to all public utility companies (including
cable television companies) providing utility service within..the.City of
Fayetteville,
maintaining,
a perpetual easement for the purpose of constructing,
repairing and replacing a public street and public. utility
lines (including cable television lines), to -wit:
EASEMENT DESCRIPTION: A permanent easement of 10 feet of equal and uniform width off of the
entire west side of the following described real estate and a temporary construction easement
of 40 feet of equal and uniform width off the entire west side of the following described
real estate, Less and except that portion occupied by a permanent structure.
PROPERTY DESCRIPTION: A part of the Southwest Quarter of the Northeast Quarter, Section 21,
Township 16 North, Range 30 West, more particularly described as follows: Beginning at a
point which is 26 rods West and 171.5 feet North of the Southeast corner of said 40 acre trac
and running thence North 131:5feet; thence East 26 rods; thence South 131.5 feet; thence
West 26 rods to the point of beginning.
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TO HAVE AND TO HOLD said premises to said grantees for the uses and
purposes hereinbefore described.
WITNESS our hands and seals on this day of
STATE OF ARKANSAS
COUNTY OF WASHINGTON )
BE IT REMEMBERED, that on this date, before me, a Notary Public within
and for said County and State, duly commissioned and acting, personally
appeared to me well known as the
person(s) who executed the foregoing Right of Way Grant, and that
had executed the same for the consideration and purpose therein mentioned and.
set forth.
WITNESS my hand and seal on this day of
, 19
ACKNOWLEDGMENT
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Notary Public
My commission expires
Tract
NO.
71-U-40
C- ners:
es 3
Robert L. Vaughn
EASE :! E N ,T
KNOW ALL NEN BY THESE PRESENTS:
That the undersigned grantor for the consideration of One collar
($ 1.00) and other good and valuable consideration to it in hand paid
by the City of Fayetteville, Arkansas, a municipal corporation, the
grantee, a receipt of,which is hereby acknowledged, does hereby grant,
bargain, sell and convey to the''City of Fayetteville, Arkansas,'a
municipal corporation, and to all public utility companies (including
cable television companies) providing utility service within the City
of Fayetteville, the following described perpetual easement for the
purpose of constructing, maintaining, repairing and replacing public
utility lines (including cable television lines), to -wit:
EASEMENT DESCRIPTION: A permanent easement of 10 feet of equal and uniform width off of the
entire west side of the following described real estate and a temporary construction easemen'
of 30 feet of equal and uniform width off the entire west side'of the following described
real estate, LESS AND EXCEPT that portion occupied by 3o permanent structure.
PROPERTY DESCRIPTION: A part of the Southwest Quarter of the Northeast Quarter of Section 21,
Township 16 North,. Range 30 West, and described as beginning at a point which is 303 feet NO2
of the Southeast corner of said Southwest Quarter of the Northeast Quarter of said Section 2]
and running thence West 26 rods; thence North 250 feet; thence East 26 rods; thence South 25(
feet to the beginning.
TO HAVE AND TO HOLD said premises to said grantees for the
purposes hereinbefore described.
Grantor covenants that no buildings or structures, other than fences,
shall be erected on said easement.
WIT:.cSS our hands and seals on this
day of , 19
uses and
ACKNOWLEDGL*TNT
STATE OF ARKANSAS
COUNTY OF WASHINGTON )
BE IT REMEMBERED that
for said County and State,
the person(s) who executed
had d the same for
set
execute
forth.
WITNESS my
hand and
on this date, before me, a Notary Public within and
duly commissioned and acting, perSonlllknown personally
Ito me as
the foregoing Right of Way Grant, and that
the consideration and purpose therein mentioned and
seal on
this
my Commission expires
day of
Notary Public
19
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Tract ::o. 71-0-44
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E A S
rs:
ala
Town and Country Home Center,
KNOW ALL MEN BY THESE PPWSE:;TS:
That the undersigned grantor for the consideration of Cne Collar
($ 1.00) and other good and valuable_ consideration to it in hand paid
by the City of Fayetteville, Arkansas, a municipal
grantee, a receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and convey to thetity of Fayetteville, Arkansas, a
municipal corporation, and to all public utility companies (including
cable television companies) providing utility service within the City
of Fayetteville, the following described perpetual easement for the
purpose of constructing, maintaining, repairing and replacing public
utility lines (including cable television lines), to -wit: -
EASEMENT DESCRIPTION: A permanent easement of 10 feet of equal and uniform width off of the
entire west side of the following described real estate and a temporary construction easemen
of 40 feet of equal and uniform width off the entire west side -of the following described
'real estate, LESS AND EXCEPT that portion occupied by `a permanent structure.
PROPERTY DESCRIPTION: Part of the Southwest Quarter of the Northeast Quarter of Section 21,
Township 16 North, of Range 30 West, more particularly described as beginning at a point whic
is 8 chains and 40 links South Of the- Northeast. corner of said 40 acre tract, and running,
-thence North 155 feet; thence West 414 feet, more or less, to the center line of U.S. Highwa_
.No. 71; thence South 155 feet; thence East 414 feet to the place of beginning, containing
1.43 acres, more or less.
corporation, the
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TO HAVE AND TO HOLD said prerases to said
purposes hereinbefore described.
Grantor covenants that no buildings or structures, other than fences,
shall be erected on said easement. .
f 19
WITNESS our hands and seals on this day o ------
antees for the uses anc
ACKNOWLE nr.. -'T
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
BE IT RENENBEFED that
for said County and State,
the person(s) '..bo executed
had executed the same for
set forth.
WITNESS my hand and seal on this
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on this date, before me, a Notary Public within and
duly commissioned and acting, personally appeared
, to me well known as
the foregoing Right of Nay Grant, and that
the consideration and purpose therein mentio::ed and
,
day of 19—
My Commission expires
Notary Public.
Tract ::o.
71-U-45
EA5EX .
E•
X.
Hargis Trading Company
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned grantor for the consideration of Cne Dollar
($ 1.00) and other good and valuable consideration to it in hand paid
by the City of Fayetteville, Arkansas, a municipal corporation, the
grantee, a receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and convey to the City of Fayetteville, Arkansas, a
municipal corporation, and to all public utility companies (including
cable television companies) providing utility service within the City
of Fayetteville, the following described perpetual easement for the
purpose of constructing, maintaining, repairing and replacing public
utility lines (including cable television lines), to -wit:
EASEMENT DESCRIPTION: A permanent easement of IO feet of equal and uniform width off of the
entire west side.of the following described real estate and a temporary construction easemer.
of 40 feet of equal and uniform width off the entire wrest side -of the following described
real estate, LESS AND EXCEPT that portion occupied by a permanent structure.
'PROPERTY DESCRIPTION: Part of the Southwest quarter of the Northeast quarter of Section Twe:
one (21), Township Sixteen (16) North, of Range Thirty (30) West, and more particularly desc:
ed as follows: Beginning at a'point which -is. 176.19 feet South of the Norhteast corner of s;
40 acre tract; thence South 223.21 feet; thence West 398.37 feet to the East right of way of
U.S. Highway No. 71; thence North along said right of way 85.4 feet; thence East 194.37 feet
thence North 148.5 feet; thence South 87° 06' East 204.6 feet to the point of beginning,
containing 1.45 acres, more or less.
TO HAVE AND TO HOLD said ere"!
1.ses to said grantets for _,.•. uses ant
purposes hereinbefore described.
Grantor covenants that no buildings or structures,
other ....an fends,
shall be erected on said easement.
f 19
day o
WI^:SSS our hands and seals on this .-------
AC: NOWLEDG?OE:1T
STATE OF ARKANSAS )
COU:1TY OF WASHINGTON ) a too to r•; ?;clic '•: i:`..=. and IT RE'�E'IBEF.ED that on this date, before me, personally appeared
for said County and State, duly commissioned and acting, P`° me well .known as
who executed the foregoing Right of
Way Grant, and that
the person(s)+per n mentioned and
had executed the same for the consideration and purpose t- 'e=
set forth. day of l�—
t•iIT::ESS my hand and seal on this _
My Commission expires
Notary Public
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quarter and running thence South 154.00 feet, thence West to the East
right of way line of U.S. Highway #71, thence Northwest following the
East right of way line 165 feet to a point that is due West of the
point of beginning, thence East 55.75 feet to the point of beginning,
containing 0.10 acres, more or less.
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TRACT NO. 71-U=46 (-CRS:
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KNOW ALL NEN BY ^:ESE
That the undersigned grantor for the consideration of Cne Dollar
($ 1.00) and other good and valuable consideration to it in hand 'aid
by the City of Fayetteville, Arancas, a municipal corporation, the
grantee, a receipt of which is hereby acknowledged, does hereby ;rant,
bargain, sell and convey to the'City of Fayetteville, Arkansas, a
municipal corporation, and to all public utility companies (including
cable television companies) providing utility service within the City
of Fayetteville, the following described perpetual easement for the
purpose of constructing, maintaining, repairing and replacing sublic
utility lines (including cable television lines), to -wit:
EASE'tE"T DESCRIPTION: A permanent easement of 10 feet of equal and uniform width off of th
entire west side of the following described real estate and a temzorary construction easete
of 40 feet of equal and uniform width off the entire west side of the following described
real estate.
P.uscand and :'.ire
PROPERTY DESCRIPTION: A part of the Southwest quarter (SW1) of the Northeast quarter (NE/)
of Section Twenty-one (21) in Township 16 North of Range 30 West, described as follows, to -
Beginning at a point on the East line of U.S. Highway No. 71, which is 412.3 feet West and
154 feet South of the Northeast corner of said forty acre tract and running thence due Easr
208.3 feet, thence South 160 feet, thence West 196 feet or to the East line of U.S. Highway
71, thence in a Northwesterly direction with the East line of said Highway to the point of
beginning, containing 3/4 of an acre, more or less, situate in the City of Fayetteville,
Arkansas. ALSO A part of the Southwest quarter (SWC) of the Northeast quarter (NE=) of
Section Twenty-one (21) in Township Sixteen (16) North of Range Thirty (30) West, in the
County and State aforesaid, more particularly described as follows: Beginning at the North-
east corner of the Southwest quarter of the Northeast quarter and running thence South 175.22
thence North 87 degrees 06 minutes West 204.26 feet, thence North 11.65 feet, themce ;lest
206.52 feet, thence North 154.00 feet, thence East 410.52 feet to the point of beginning,
containing 1.53 acres, more or less. ALSO A part of the Southwest Quarter (Sah) of the Norzb
east Quarter (NE1) more particularly described as follows: beginning at a point that is
410.52 feet West of the Northeast corner of the Southwest quarter of the Northeast (OVER)
ises to said antes for the uses and
TO HAVE AND TO HOLD said - _... _
purposes hereinbefore des
Grantor covenants that no buildings or structures, other than fences,
shall be erected on said easement.
WIT:ESS our hands and seals on this day of , 19
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AG:._:O::L'CC`:.':T
STnTZ OF ARKANSAS )
COC::T'l OF Wt3UItGTON )
BE IT RL"="BE''TD that on this date, before_ me, a Notary 'ublic within and
for said Ccunty and State, duly cccmissianed and acting, perco:ally appeared
, to me wiall knawn as
the person(s) who executed tne foregoing Ra,.nt of 'Ray Grant, and that
hi2
had oxecutcd the same for tcons_d_ration and pur;rose therein men"•`..` .. and
set forth.19
WITNESS my hand andscal on this day of
1I. Ce -mission expires
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Tract No. 71-0-48 Owners: John F. Ashburn and Lee
Ashburn, Husband and Wife
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EASEMENT•
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned grantor for the consideration of One Dollar
($ 1.00) and other good and valuable consideration to it in hand paid
by the City of Fayetteville, Arkansas, a municipal corporation, the
grantee, a receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and convey to the -City of Fayetteville, Arkansas. a
municipal corporation, and to all public utility companies (including
cable television companies) providing utility service within the City
of Fayetteville, the following described perpetual easement for the
purpose of constructing, maintaining, repairing and replacing public
utility lines (including cable television lines), to -wit:
EASEMENT DESCRIPTION: A permanent easement of 10 feet of equal and uniform width off of
the entire west side of the following described real estate..
PROPERTY DESCRIPTION: Lot 10 and 10 feet of equal and uniform width off of the North side of
d Lot 9 and 10 feet of equal and uniform width off of the south side of Lot 11 all in Block 6
of the revised plat of Blocks 5 and 6 in Ferguson's Addition to City of Fayetteville, as sho
Lin the record book at page 142 thereof, save and except any part thereof taken up with U.S.
Highway 71 from and since the 4thday of April, 1930..ALSO part of Lot 11 in Block 6 in
Ferguson's Addition to the City of Fayetteville, Arkansas as the same is known and designate
upon the recorded plat of said Addition and more particularly described as followsi Beginni
at a point which is 25 feet East of the Northwest Corner of said Lot, running thence East
119 feet to or to the East line of said Lot 11 thence South 40 feet; thence West 119 feet;
`,thence North 40 feet to the point of beginning, as per plat of said Addition on file in the
'office of Circuit Clerk of Washington County, Arkansas. v
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TO HAVE AND TO HOLD said premises to said grantees for the uses and
purposes hereinbefore described.
Grantor covenants that no buildings or structures, other than fences,
shall be erected on said easement.
WITNESS our hands and seals on this day of , 19
ACKNOWLEDG.SENT
STATE OF ARKANSAS ) .
COUNTY OF WASHINGTON
BE IT RE'^,E'•1BERED that on this date, before me, a Notary Public
appeared for said County and State, duly commissioned and acting, pepryson liy
well known as
the person(s) who executed the foregoing Right of Way Grant, and that
had executed the same for the consideration and purpose therein mentioned and
set forth. dayof 19_
WITNESS my hand and seal on this
My Commission expires
Notary Public
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Tract No.
71 -
Owners:
zX X
Arnil 4arthnlnmaw_
EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned grantor for the consideration of One Dollar
($ 1.00) and other good and valuable consideration to it in hand paid
by the City of Fayetteville, Arkansas, a municipal corporation, the
grantee, a receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and convey to the City of Fayetteville, Arkansas, a
municipal corporation, and to all public utility companies (including
cable television companies) providing utility service within the City
of Fayetteville, the following described perpetual easement for the
purpose of constructing, maintaining, repairing and replacing public
utility lines (including cable television lines), to -wit:
EASEMENT DESCRIPTION: A permanent easement of 10feet of equal and uniform width off the
entire east side of the following described real estate and a temporary construction easement
of 40 feet of equal and uniform width off the entire east side of the following described
real estate.
PROPERTY DESCRIPTION: Lots 5, 6, 7, and 8 of Block 17 of Ferguson's Addition to the City
of Fayetteville, Arkansas, as per plat of said Addition on file in the office of the Circuit
Clerk of Washington County, Arkansas.
TO HAVE AND TO HOLD said premises to said grantees for the uses and
purposes hereinbefore described.
Grantor covenants that no buildings or structures, other than fences,
shall be erected on said easement.
WITNESS our hands and seals on this day of , 19
ACKNOWLEDG.ENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON )
BE IT REMEMBERED that
for said County and State,
the
had
set
person(s) who
executed the same
forth.
WITNESS my hand and seal on this
executed
for
on this date, before me, a Notary Public within and
duly commissioned and acting, personally appeared
, to me well known as
the foregoing Right of Way Grant, and that
the consideration and purpose therein mentioned and
My Commission expires
day of
, 19
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Notary Public
!-..1?; Tract No.. 71-U -61
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Owner:
Robert L. Selle and Patti A. Se)(
EASEMENT
Husband and Wife
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned grantor for the consideration of One Dollar
}
($ 1.00) and other good and valuable consideration to it in hand paid
by the City of Fayetteville, Arkansas, a municipal corporation, the
grantee, the receipt of which is hereby acknowledged, does hereby
grant, bargain, sell and convey to the City Of Fayetteville, Arkansas,
a municipal corporation, and to all public utility companies (including
'cable television companies) providing utility service within.the_City of
Fayetteville, a perpetual easement for the purpose of constructing,
maintaining, repairing and replacing a public street and public utility
lines (including cable television lines), to -wit:
permanent easement of 10 feet of equal and uniform width off of the
following described real estate and a temporary construction easement
uniform width off the entire west side of the following described
--EASEMENT DESCRIPTION: A
`:+.entire west side of the
='of 25 feet of equal and
?:real estate.
PROPERTY DESCRIPTION: Lot9 of Block 8, Ferguson's Addition to the City of Fayetteville.
TO HAVE AND TO HOLD said premises to said grantees for the uses and
purposes hereinbefore described.
WITNESS our hands and seals on this day of
, 19 ,
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
BE IT REMEMBERED, that on this date, before me, a Notary Public within
and for said County and State, duly commissioned and acting, wellknownthe
appeared to
person(s) who executed the foregoing Right of Way Grant, and that
had executed the same for the consideration and purpose therein mentioned and
set forth. dayof 19_
WITNESS my hand and seal on this '
Notary Public
My commission expires
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Tract No. 71-U-62
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Owners:
E A S
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K1=4 ALL MEN BY THESE PRESE.,TS:
1
That the undersigned grantor for the consideration of One Collar
($ 1.00) and other good and valuable consideration to it in hand :aid
by the City of Fayetteville, Arkansas, a municipal corporation,
�hn
grantee, a receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and convey to the City of Fayetteville, Arkansas, a
municipal corporation, and to all publit utility companies (including
cable television companies) providing utility service within the City
of Fayetteville, the following described perpetual easement for
purpose of constructing, maintaining, repairing and replacing public
utility lines (including cable television lines), to -wit:
PROPERTY DESCRIPTION: Lot 10, Block 8, Ferguson's Addition.
EASEMENT DESCRIPTION:'A permanent easement of 10 feet of equal and uniform
width off the entire west side of the above-described property, and a tem-
porary construction easement of 30 feet of :equal and uniform width off the
entire west side of the above --described property.
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TO HAVE AND TO HOLD said premises to said grantees for the uses and.
purposes hereinbefore described.
Grantor covenants that no buildings or structures, other than fences,
shall be erected on said easement.
WIT:ISS our hands and seals on this day of , 19
/0
AC C:Or. .. :.ENT
STATE OF AP ANSAS )
COUNTY OF WASHINGTON )
BE IT RE' '^BERED that on this date, before me, a Notary Public within and
for said County and State, duly commissioned and acting, personally appeared
, to me well kno•.:n as
the person(s) who executed the foregoing Right of way Grant, and that
had executed the same for the consideration and purpose therein mentioned and
set forth.
WIT::ESS my hand and seal on this,day of 19
:;y Commission expires
Notary Public