HomeMy WebLinkAbout35-83 RESOLUTIONder
RESOLUTION NO . :5S- 8.3
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN EASEMENT TO SOUTHWESTERN ELECTRIC POWER
COMPANY FOR THE PLACEMENT OF AN ELECTRIC POWER TRANS-
FORMER PAD, VAULT, AND PRIMARY LINES BEHIND THE CITY`
ADMINISTRATION BUILDING.
BET.. 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 easement to Southwestern Electric
Power Company for the placement of an electric power transformer
pad, vault, and primary lines behind the City Administration
Building. A copy of the easement authorized for execution
hereby is attached hereto, marked Exhibit "A", and made a
part hereof. PASSED AND APPROVED THIS 8TH DAY OF MARCH, 1983.
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=City' Clerk
APPROVED:
Form 759 Rev. 7-68
STATE OF ARKANSAS
County of Washington
THAT City of Fayetteville
KNOW ALL MEN BY THESE PRESENTS:
!awalee, of ____Washington County, _Arkansas
GRANTOR, for and in consideration of the sum of One and noL100 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 all necessary or desirable appurtenances and related facilities
(including, among other things, structures, towers, poles and supports, telephone and telegraph wires, props
and guys), on, over, along, across and under the following described lands located in Washington Co.
Arkansas to -wit:
An easement and right of way 10 feet in width and approximately 66 feet
in length over and across: A part of Lot 7 of Block 31 of the plat of the original
town (now city) of Fayetteville, Arkansas, more particularly described as
• follows; beginning at a point that is the NE corner of said Lot 7, run
thence south along the west edge of platted north -south 10' alley a distance
of 66', thence west 10', thence north 66', thence east 10' to the point of
beginning.
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.
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No buildings, structures, or other improvements (other than fences) may be constructed above ground,
and no trees (except fruit treeswhich do not endanger said line) shall be planted or permitted by Grantor
on said right of 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 hereiriabove 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 easement and
rights unto said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
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••;•, k IN WITNESS WHEREOF, the hand and seal of Grantor is hereunto set, this __l Otj.
of 1 'J'4a"rob 19_8_3
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. CITY CLERK /
CITY OF.FAYETTEVI
B Y au -a 11L� CCG��c�2%
day
MAYOR
THE STATE OF ARKANSAS,
County of
BE IT REMEMBERED, that on this day came before me, the undersigned, a Notary Public within and
for the County aforesaid, duly commissioned and acting,
and - , his wife, to me well known as the Grantors in the foregoing
instrument, and acknowledged that they each had executed the same for the consideration and purposes therein
mentioned and set forth.
JOINT ACKNOWLEDGMENT
WITNESS my hand and seal as such Notary Public, on this --- day of
A. D. 19__.
Notary Public, County, Arkansas.
(L. S.) My commission expires:
ACKNOWLEDGMENT BY CORPORATION
THE STATE OF ARKANSAS,
County of W_aShington
On this ---19-11 day of _March_ , 19 83 before
me Sherry Rowe , a Notary Public
duly commissioned, qualified and acting, within and for the said County and State, appeared in person the
within named Paul R. Noland and Olivia A. Kelly
to me personally well known, who stated that they were the --Slayer
and the City Clerk ofthe City of Fayetteville
a corporation, and were duly authorized in their respective capacities to execute the foregoing instrument for
and in the name and behalf of said corporation, and further stated and acknowledged that they had so signed,
executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned
and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this ---10th
day of March 19 83
rrty commission expires--_ --&- "_Z1Z
1„
STATE OF
County of
CERTIFICATE OF RECORD
Notary Public
I, Clerk of the Circuit Court and Ex -Officio
Recorder for the County aforesaid, do hereby certify that the within and foregoing instrument of writing was
filed for record in my office on this day of , 19__, at
o'clock M., and the same is now duly recorded, with the acknowledgments
and certificates thereon, in "Record Book ," Page
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this
day of , 19
Clerk and Ex-Officio Recorde3
8
b
pioaos 1oJ pang
Clerk.
By D. C.
RIGHT-OF-WAY AND EASEMENT