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HomeMy WebLinkAbout90-80 RESOLUTIONRESOLUTION NO. ?U'- jO A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AIR SPACE EASEMENT TO THE PUBLIC BUILDING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE PURPOSE OF CONSTRUCTING TWO FLOORS OF OFFICE FACILITIES TO BE LEASED TO THE UNIVERSITY OF ARKANSAS. 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 an air space easement to the Public Building Authority of the City of Fayetteville for the purpose of constructing two floors of office facilities to be leased to the University of Arkansas. A copy of the air space easement authorized for execution hereby is attached hereto marked Exhibit A and made a part hereof PASSED AND APPROVED this — day of 1980. APPROVED. MICROFILMED CERTIFICATE OF RECORD State of Arkansas ( SS City of Fayetteville ( I, Bonnie Goering, City Clerk and Ex -Officio recorder for the City of Fayetteville, do here- by certify that the annexed or foregoing i:; of record in my office and the same ap- pears in Ordinance & Resolution book at page .Wi cess my 7! �7a day of hand and sea j -this 1 I Pd City C?crh rind r; { `1-1O-S'o r. AIRSPACE EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the City of Fayetteville, Arkansas, a city of the first class duly existing under the laws of the State of Arkansas ("Grantor"), does hereby give,'grant, bargain and convey unto The Public Building Authority of the City of Fayetteville, Arkansas ("Grantee"), a public corporation existing under Act No. 409 of the Acts of Arkansas of 1967, as. Amended (the "Act"), subject to the conditions hereafter expressed, an exclusive easement for the purpose of constructing, installing and main- taining improvements within the following described airspace: All that certain airspace beginning at and being above mean sea level elevation 1,457 feet over the following described property located in the City of Fayetteville, Washington County, Arkansas: - (1) A part of Lots numbered six (6) and seven (7) in Block numbered fifteen (15) in the original plat of the town, now City, of Fayetteville, more particularly described as follows: Beginning at the Southeast corner of said Lot seven (7) and running thence North One hundred six and one- half (1062) feet, thence West thirty-five and three-fourths (35 3/4) feet, thence South one hundred six and one-half (1061) feet; thence East thirty-five and three-fourths (35 3/4) feet to the place of beginning. (2) A part of Lots 6 and 7 in Block 15 in the Original Town (now City) of Fayetteville, Arkansas, more particularly described as follows, to -wit: Beginning at a' point 35 feet and 9 inches West of the Southeast corner of said Lot 7, and running thence North 108 feet across said Lots 6 and 7, thence West 28 feet, thence South 108 feet, thence East 28 feet to the point of beginning. (3) Part of Lots Six (6) and Seven (7) in Block Fifteen (15) of the original town (now city) of Fayetteville, Arkansas, and being more particularly described as follows, to -wit: Beginning at the Southwest corner of said Block 15 and running thence East 89 feet 4-1/2 inches; thence North 98 feet; thence West 11 feet 3-1/2 inches; thence North 10 feet; thence West 51 feet 1 inch; South 10 feet; thence West 27 feet; thence South 98 feet to the point of beginning. Eyk b,' "41. -2 - To have and to hold the same unto the said Grantee and unto its successors and assigns forever, subject, however, to the following conditions: 1. Grantee will use and occupy the above described airspace solely for the purpose of constructing, operating and maintaining two floors of a multipurpose civic -convention center to be leased to the Board of Trustees of the University of Arkansasfor use as office facilities, with the lower floor of such structure being so constructed as to be at or above mean sealevel elevation 1,457 feet over the abovedescribed real property, all in accordance with plans and specifications of Grantee. 2. Grantee shall at all times, at its own expense, keep and maintain in thorough repair and in good and safe condi- tion all improvements within the above described airspace and the equipment and appurtenances to the improvements, both inside and outside, structurally and nonstructurally, extraordinary and ordinary, however the necessity or desirability for repairs may occur, and whether or not necessitated by wear, tear, obsolescence, defects, latent or otherwise. 3. Grantee, at its sole expense, shall comply with all laws, orders and regulations of the federal, state and municipal authorities, and with any direction of any public officer, pursuant to law, which shall impose any duty upon Grantee with respect to the above described airspace. Grantee, at its sole expense, shall obtain all licenses or permits which may be required for the con- duct of its business within the above described airspace, or for making of repairs, alterations, improvements or additions, and Grantor, where necessary, will join with Grantee in applying for all such permits or licenses. -3- 4. After improvements are constructed within the above described airspace, the following covenants 'shall apply: (a) Grantee shall indemnify and save harmless Grantor against any expense or liability of whatever nature resulting from any claims, including those made by employees of Grantor, for personal injury, death or property damage arising out of the erection, maintenance and operation of the buildings or business and activities conducted thereon. (b) Grantee shall promptly, on demand, reimburse Grantor for all loss and damages to Grantor's retained property and Grantor's operations thereon, resulting from the erection, main- tenance and operation ofthe buildings or business of Grantee within the above described airspace. 5. It is understood that Grantor uses the surface and airspace below the airspace herein granted as a convention center facility leased'as a continuing education center. In the exercise of the right and title herein granted Grantee shall take no action which would interfere with Grantor's continued use of its retained property, both during the construction period and thereafter. 6. The ownership of the property retained by Grantor and that herein granted Grantee is; and shall remain, several and distinct. 7. It is the intention of the Grantor to grant to Grantee the perpetual right to erect, maintain, own and use improve- ments within the above described airspace for the purposes herein stated. 8. No consideration of any kind was paid for the grant of this perpetual easement and Grantor intends this grant as a gift to Grantee for the public purposes set forth in the Act. • -4- 9. Grantee accepts this conveyance subject to the conditions and agreements heretofore set forth which shall run with the airspace herein conveyed and shall:be construed as real covenants running with the airspace herein conveyed and bind all future owners owners thereof with the same force. and effect as if future had by express agreement in writing assumed observe all of said conditions and agreements. to perform and IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal this , day of August, 1980. ATTEST: y` • i ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON On this day personally appeared before me, the under- signed, a notary public in and for said, duly qualified and acting, the County and State afore- aka fore- e and , to me w: 1 known to be the Mayor and City Clerk, respectively, of the City of Fayetteville, Arkansas, who stated that they were designated by the City and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said City, and further stated and acknowledged that they had so signed, executed and delivered said Airspace Easement for the consideration, uses and purposes therein mentioned and set forth: IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of August, 1980. My Commission Expires: 4-/-frci (SEAL) n N r i;' ry Public',f U+�Q- ..� tteca., �r>y r STATE OF ARKANSAS COUNTY OF WASHINGTON On thisday personally appeared before me, the under - notary public in and for the County and State aforesaid, and , Chairman and Secretary of The Public Building of the City of Fayetteville, Arkansas, a public corpora - stated that they were designated by said corporation and authorized in their respective capacities to execute the instrument for and in the name and behalf of said corpora - further stated and acknowledged that they had so signed, and delivered said Airspace Easement for the consideration, signed, a ACKNOWLEDGMENT duly qualified and acting, Authority tion, who were duly foregoing tion, and executed uses and this purposes therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and seal day of August, 1980. My Commission Expires: (SEAL) Notary Public RESOLUTION NO. D ,,O A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AIR SPACE EASEMENT TO THE PUBLIC BUILDING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE PURPOSE OF CONSTRUCTING TWO FLOORS OF OFFICE FACILITIES TO BE LEASED TO THE UNIVERSITY OF ARKANSAS. 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 an air space easement to the Public Building Authority of the City of Fayetteville for the purpose of constructing two floors of office facilities to be leased to the University of Arkansas. A copy of the air space easement authorized for execution hereby is attached hereto marked Exhibit A and made a part hereof cl PASSED AND APPROVED this n - day of 1980. ATTEST: • CITY CLERK ru.1 APPROVED: MAYOR 2:4/