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HomeMy WebLinkAbout101-93 RESOLUTIONlor • • • • • • RESOLUTION NO. 101-93 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE TWO UTILITY EASEMENTS TO SOUTHWESTERN BELL TELEPHONE COMPANY ALONG CITY OWNED PROPERTIES NORTH OF THE AIRPORT AND ACROSS THE AIRPORT PROPERTY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized to execute two utility easements to Southwestern Bell Telephone Company along City owned properties north of the airport and across the airport property A copy of the easements and legal descnptions are attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 5th day of October , 1993. ATTEST: APPROVED: By: f #1*Pin Hanna, Mayor 93 60380 T_ r m 73 0 T O m 0 O v • • EASEMENT FOR UNDERGROUND FACILITIES STATE OF ARKANSAS COUNTY OF WASHINGTON BE IT KNOWN BY THESE PRESENTS: SWBT-93 Airport Property THIS EASEMENT, entered into by the CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation (hereinafter styled as GRANTOR), and SOUTHWESTERN BELL TELEPHONE COMPANY, hereinafter styled GRANTEE, for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations, receipt of which is hereby acknowledged, do by these presents GRANT, BARGAIN, SELL AND CONVEY unto GRANTEE, its associated and allied companies, and their respective successors and assigns only that right, title, interest, equity and estate which the Grantor may have in the following lands for a permanent easement to construct, operate, maintain, inspect, replace and remove such underground telecommunication system and lines, and all appurtenances thereto, as may be required by Grantee from time to time, upon, over and under a strip of land Fifteen (15) feet in width, across Grantors' land situated in Washington County, Arkansas, and described as follows: EASEMENT DESCRIPTION: A Utility Easement, fifteen (15) feet in width, located in a part of the Southwest Quarter (SW14) of Section Thirty-three (33), Township Sixteen (16) North, Range Thirty (30) West, ALSO a part of the Northwest Quarter (NW%4) and the Northeast Quarter (NE14) and the Southeast Quarter (SE14) of Section Four (4), Township Fifteen (15) North, Range Thirty (30) West, AND ALSO a part of the Northeast Quarter (NE14) of Section Nine (9), Township Fifteen (15) North, Range Thirty (30) West, all in Washington County, Arkansas; the centerline of said Easement being more particularly described as follows: Part 'A' Beginning at a point on the South side of Airport Creek and the East right of way for U. S. Highway 71; said point being 1,348.60 feet North and 1,266.90 feet West of the Southeast Corner of said SW14 of Section 33; Thence South 01` 57' 00' East 87.66 feet to a point which lies between the edge of Ernest Lancaster Drive and an existing chain link fence; Thence along said fence and Ernest Lancaster Drive as follows: South 82' 59' 00' East 292.80 feet; Thence South 75 35' 00' East 49.00 feet; Thence South 64' 12' 10' East 60.54 feet; Thence South 52 42' 25' East 50.50 feet; Thence South 46° 05' 30' East 960.80 feet; Thence South 416 17' 30' East 42.30 feet; Thence South 27 13' 50' East 45.70 feet; Thence South 19 36' 15- East 91.00 feet; Thence South 04 15' 20' East 45.40 feet; Thence South 010 17' 10' West 262.00 feet; Thence South 090 56' 10' East 86.15 feet; Thence South 69 30' 00' East 61.70 feet; Thence North 83 45' 40' East 36.40 feet; Thence South 87 58' 50' East 343.95 feet; Thence South 000 38' 40' West parallel to the East fence line for the Federal Aviation Authority (F.A.A.) Control Tower 473.65 feet to a point 10.00 feet Northerly of the Southeast Corner of said F.A.A. fence; Thence North 89 27' 40' West 7.50 feet to said F.A.A. fence line; Part B' ALSO, a Utility Easement fifteen (15) feet in width, the centerline being more particularly described as follows: Beginning at a point 7.50 feet South of an existing chain link fence that Is 355.60 feet East and 101.00 feet South of the Northwest Corner of said NE14 of Section 4; Thence parallel and 7.50 feet from said existing fence as follows: South 88 02' 00' East 633.70 feet; Thence South 440 48' 10' East 344.64 feet; Thence South 00` 47' 55' West 1,118.78 feet; Thence South 29 54' 40' West 316.10 feet; Thence leaving said fence South 62 38' 40' East 239.50 feet to a point lying 7.50 feet West of an existing fence; Thence South 010 19' 30' West 1,727.58 feet; Thence South 350 10' 10' West 1,106.84 feet; Thence South 60 11' 15' West 128.82 feet; Thence South 04" 11' 55' West 1,354.55 feet; Thence leaving said fence South 09 05' 50' East 1,146.12 feet; Thence South 02' 04' 13' East 149.20 feet; Thence South 770.20 feet to the South line of the NE14 of said Section 9. TO HAVE AND TO HOLD, with all rights and appurtenances to the same belonging, unto said Grantee, its successors and assigns, until the use of the Easement is relinquished or abandoned, including (1) the right of ingress and egress to and from the Easement by reasonable routes across Grantors' property, (2) the right to place on the surface of the Easement manholes, cable risers, connector terminals, repeaters, testing terminals and route markers, and (3) the right to install temporary or permanent gates in fences crossing the Easement. Grantee, its successors and assigns shall repair and restore the property and pay for damages to crops and other property following construction and maintenance work as determined by three disinterested persons, one thereof to be appointed by said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of such three persons shall be final and conclusive. Further, Grantors reserve the right to use and enjoy their interests in the Easement area insofar as the exercise thereof does not interfere with the construction, operation and maintenance of said systems and linen and included in this reservation is the right of ordinary cultivation of crops. 93 60381 • EASEMENT FOR UNDERGROUND FACILITIES CITY OF FAYETTEVILLE Page 2 of 2 The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. WITNESS the execution hereof this the 6JC day of G7 BY: ATTEST: Sherry Thomas, CiPy Clerk STATE OF ARKANSAS COUNTY OF WASHINGTON CITY OF FAYETTEVILLE 199 -3 . Fred Hanha, Mayor ACKNOWLEDGMENT ss (Seal) BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, within and for the County and State aforesaid, duly commissioned and acting, personally appeared the within named, Fred Hanna and Sherry Thomas to me well known, who stated that they are the Mayor and Citv Clerk of the City of Fayetteville Arkansas a municipal corporation, and are 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 instrument for the consideration, uses and purposes therein mentioned and set forth. TESTIMONY WHEREOF, I have hereunto set my hand and official seal on this -5- day of Q� rJj ✓U 199 3 . MY COMMISSION EXPIRES: /0- 8-6oei 93 60382 • .4 • SWBT-93 Airport Area EASEMENT FOR UNDERGROUND FACILITIES STATE OF ARKANSAS BE IT KNOWN BY THESE PRESENTS: COUNTY OF WASHINGTON THIS EASEMENT entered into by the CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation (hereinafter styled as GRANTOR), and SOUTHWESTERN BELL TELEPHONE COMPANY, hereinafter styled GRANTEE, for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations, receipt of which is hereby acknowledged, do by these presents GRANT, BARGAIN, SELL AND CONVEY unto GRANTEE, its associated and allied companies, and their respective successors and assigns only that right, title, interest, equity and estate which the Grantor may have in the following lands for a permanent easement to construct, operate, maintain, inspect, replace and remove such underground telecommunication system and lines, and all appurtenances thereto, as may be required by Grantee from time to time, upon, over and under a strip of land Fifteen (15) feet in width, across Grantors' land situated in Washington County, Arkansas, and described as follows: EASEMENT DESCRIPTION: A part of the Northwest Quarter (NW14) of Section Thirty-three (33), Township Sixteen (16) North, Range Thirty (30) West, the West line of this Easement being more specifically described as commencing at the Northeast corner of the NW14 of the NW14 of said Section 33, thence South 01" 02' 00' East 645.10 feet, thence South 88° 59' 00' West 24.00 feet to the Point of Beginning which is the East right of way line of U.S. Highway 71; thence South adjoining said East right of way line of U.S. Highway 71 661.16 feet, more or less, to the South line of the North Half (N14) of the NW14 of said Section 33, thence the South line of this Easement shall be the South line of the NK of the said NW14, East 153.77 feet, thence the West line of this Easement shall be the South 210.00 feet adjoining the East line of the E -Z Mart store property, thence the North line of this Easement shall be the West to the East line of said U.S. Highway 71 127 69 feet, more or less, adjoining the South line of the E -Z Mart store property, thence the West line of this Easement shall be adjoining the East line of said U.S. Highway 71 South 926.92 feet, more or Tess, to a point 156.08 feet North of the South line of said NW14 of Section 33, T -16-N, R -30-W. TO HAVE AND TO HOLD, with all rights and appurtenances to the same belonging, unto said Grantee, its successors and assigns, until the use of the Easement is relinquished or abandoned, including (1) the right of ingress and egress to and from the Easement by reasonable routes across Grantors' property, (2) the right to place on the surface of the Easement manholes, cable risers, connector terminals, repeaters, testing terminals and route markers, and (3) the right to install temporary or permanent gates in fences crossing the Easement. Grantee, its successors and assigns shall repair and restore the property and pay for damages to crops and other property following construction and maintenance work as determined by three disinterested persons, one thereof to be appointed by said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of such three persons shall be final and conclusive. Further, Grantors reserve the right to use and enjoy their interests in the Easement area insofar as the exercise thereof does not interfere with the construction, operation and maintenance of said systems and lines; and included in this reservation is the right of ordinary cultivation of crops. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. 93 60383 F .` • EASEMENT FOR UNDERGROUND FACILITIES CITY OF FAYETTEVILLE Page 2 of 2 WITNESS the execution hereof this the -5-AC 199 3 . ATTEST: Shers, City Clerk STATE OF ARKANSAS BY: day of aico-1 CITY OF FAYETTEVILLE Fred Harina, Mayor ACKNOWLEDGMENT ss COUNTY OF WASHINGTON (Seal) BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, within and for the County and State aforesaid, duly commissioned and acting, personally appeared the within named Fred Hanna and Sherry Thomas , to me well known, who stated that they are the Mayor and City Clerk of the City of Fayetteville. Arkansas. a municipal corporation, and are 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 instrument for the consideration uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal on this -5-. day of etaaa) 1993 . MY COMMISSION EXPIRES: / 0 -j' a2 DO 93 60384 EASEMENT FOR UNDERGROUND FACILITIES STATE OF ARKANSAS COUNTY OF WASHINGTON SWBT-93 Airport Area BE IT KNOWN BY THESE PRESENTS: THIS EASEMENT, entered into by the CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation (hereinafter styled as GRANTOR), and SOUTHWESTERN BELL TELEPHONE COMPANY, hereinafter styled GRANTEE, for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations, receipt of which is hereby acknowledged, do by these presents GRANT, BARGAIN, SELL AND CONVEY unto GRANTEE, its associated and allied companies, and their respective successors and assigns only that right, title, Interest, equity and estate which the Grantor may have in the following lands for a permanent easement to construct, operate, maintain, inspect, replace and remove such underground telecommunication system and lines, and all appurtenances thereto, as may be required by Grantee from time to time, upon, over and under a strip of land Fifteen (15) feet in width, across Grantors' land situated in Washington County, Arkansas, and described as follows: EASEMENT DESCRIPTION: A part of the Northwest Quarter (NW14) of Section Thirty-three (33), Township Sixteen (16) North, Range Thirty (30) West, the West line of this Easement being more specifically described as commencing at the Northeast corner of the NW14 of the NW14 of said Section 33, thence South 01° 02' 00' East 645.10 feet, thence South 88 59' 00' West 24.00 feet to the Point of Beginning which is the East right of way line of U.S. Highway 71; thence South adjoining said East right of way line of U.S. Highway 71 661.16 feet, more or less, to the South line of the North Half (NYS) of the NWYS of said Section 33, thence the South line of this Easement shall be the South line of the NYS of the said NW14, East 153.77 feet, thence the West line of this Easement shall be the South 210.00 feet adjoining the East line of the E -Z Mart store property, thence the Nonh line of this Easement shall be the West to the East line of said U.S. Highway 71 127.69 feet, more or less, adjoining the South line of the E -Z Mart store property, thence the West line of this Easement shall be adjoining the East line of said U.S. Highway 71 South 926.92 feet, more or less, to a point 156.08 feet Nonh of the South line of said NW3 of Section 33, T -16-N, R -30-W. TO HAVE AND TO HOLD, with all rights and appurtenances to the same belonging, unto said Grantee, its successors and assigns, until the use of the Easement is relinquished or abandoned, including (1) the right of ingress and egress to and from the Easement by reasonable routes across Grantors' property, (2) the right to place on the surface of the Easement manholes, cable risers, connector terminals, repeaters, testing terminals and route markers, and (3) the right to install temporary or permanent gates in fences crossing the Easement. Grantee, its successors and assigns shall repair and restore the property and pay for damages to crops and other property following construction and maintenance work as determined by three disinterested persons, one thereof to be appointed by said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of such three persons shall be final and conclusive. Further, Grantors reserve the right to use and enjoy their interests in the Easement area insofar as the exercise thereof does not interfere with the construction, operation and maintenance of said systems and lines; and included in this reservation is the right of ordinary cultivation of crops. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. EASEMENT FOR UNDERGROUND FACILITIES CITY OF FAYETTEVILLE Page 2 of 2 WITNESS the execution hereof this the -_ day of mea-- 199 3 ATTEST: BY: l Sherry ThomaB, City Clerk CITY OF FAYETTEVILLE Fred He nna, Mayor ACKNOWLEDGMENT STATE OF ARKANSAS ) COUNTY OF WASHINGTON ss (Seal) BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, within and for the County and State aforesaid, duly commissioned and acting, personally appeared the within named Fred J1iinna and Sherry Thomas to me well known, who stated that they are the Mayor and City Clerk of the City of Fayetteville. Arkansas. a municipal corporation, and are 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 Instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal on this •-5:14 day of c.r• Jnr 199 S . MY COMMISSION EXPIRES: /0 if%2cc Notary Public 1 1 N 88'22'.51 " W 35.0' : co I >' u s 1 $ 1 CONC. DRIVE -1;1 I " l I 0 CONC. PORCH - 7 •' GRAVEL DRIVE 1".C - RUBS S 88'22'50" E 1 • P.o.9. 88'22'54" E I_ 36.9' 1 I I rn M 1 I III • �.aCE /'= Go Parcel iL1.4P r Es.*r (v) CS) N 8822'50" W - 210.0' FRAME OUT-BLD'C. CO VO. CONC. PORCH ONE STORY FRAME HOUSE - 210.0' SW Corner NE 1/4 , MY1/4 Section 33 T -16-N , R-30-111 • FY912710 DRAKE FIELD SCALE I" = 60' PARCEL NO. DEED LINES LAND LINES GRAPHIC SCALE (s rvr) 1 IS - 40 R 27) Parcel No. 29 0.56 Acres ;;77"" More or Less 1 ,1%CC.•do5EO C3 y L .'y O7 /57enerdc • Fayetteville 1810 N. College McClelland Consulting Engineers Incorporated Little Rock 900 W. Markham Parcel No: 25 2.23 Acres More or Less / CG✓.asdp 3, C:i s7 Parcel MAP Dave Mario Keith k 1239 - Page N 88'22150" W - 246.9' ONE STORY BLOCK BLDG. I� ONE STORY BLOCK (KO'G. 3M' Corner NE 1/9 , NTY 1/9 Section 33 T -16 -JV , R -30-W .u. _. 210.0' t GRAVEL DRIVE 2'50" E - FY912710 DRAKE FIELD SCALE : !' = 60' PARCEL NO. DEED LINES LAND LINES GRAPHIC SCALE • e is?SST ) 1 W - b M1 M0 rn N 01'37'53" E S 882 ------9 1_ / .y i5 E (9B) Cn') Fayetteville 1810 N. College McClelland Consulting Engineers Incorporated Little Rock 900 W. Markham ,93.111 I elk I fr- L 101 I fir' I 1 ‘9)3 1 ;., I "' /.5- 5 (A) E. r sswE.r £'A -Sem a Air Parcel Asap RECORD NW CORNER 20 ACRE TRACT i i i O N 11 is'swzr EASErifE.✓T _( RECORD 40 -ACRE UNE ) ( AXIEENIN SEC1ION LINE ) Parcel No. 90 2.13 Acres More or Less OWNER OF RECORD EOff & Company, Inc. Book 1228 — Page 043 I I I 1 J I I • I I 13 I11 0) • Idn I to I t- 1 1 SECTION ,t9 71-16-N, R -so -,r II I TRACT 37 AS SURVEYED S 88'22'50" E �f/ PROPERTY LINE 622'5 4.84'I I 1 S 8816'58" E - 14 01'45'44" E 70.00' N 21'55'41" W 114.49' 546.00' � E?,49ZE /'/c /0o/ 14 8816'29" W - 500.00' FY912710 DRAKE FIELD PARCEL NO. DEED LINES LAND LINES RUNIr'Y SONE LINE SCES : I" — 100' A R ff f c X W GRAPHIC SCALE (11 Mt) 1 W • al IL 1 1 1 1 1 4 j- \q� I /s E Fayetteville 1810 N. CAege Moa.11and Consulting Engineers incorporated Little Rock 900 K Markham 1 N 01645'44" E 70.00' IN 21655'41" W Ily 1KA9INVIDI OD9Ra ANMNSAS Met SR PACE IN Parcel Ma v ifiten • -...r S 8816'58" E - 546.00' 8816'29" W - 500.00' AMMO OSW ONE S1lMr 1/ slat asrcT FRAME NOUSE mac JIA9 ARAM OW r • r_. S 8816'29" E - 1317.73' ARr MCC � •_ ;r. N 88616'00" W - 1318.20' am- \oCL. MCC OW POI�9 " J \\ FMK our aDe 9 r %, \ SPLIT mu FRAME musE f0c mo I' ii \ k9a0 olaK ERIK ARKANSAS I1ESTERN GAS CO. EASEMENT BOOK IJS9 , PAGE 540 SWC SAKE DOW Cara KS %:•%. •••. I N 8815'20" W _ 28.66 291.00' 1100'1510'ly - 331.3, AR. i it‘n H1CHWAYe'f56.�� 1 411 S 1ifyir AS� Southwest Corner Si' //4, Ar //I Section 99 7'—/6—N , R -90-1Y DEED LINES LLIND LI SS el FORM ARKANSAS srAIE IOGNRAI' COMMISSION EASEMENT 9OON 1319 , PAGE 139 =Ls : J' ar JOO' 41* GRAPHIC SCALE I RrmI I INN. • Mw McClelland ConaulElnp Enpin"arn Ineerporalod Foyettew7le Little Rock IMO N Cohn 900 MC Markham 1 , • SWBT-93 Airport Property EASEMENT FOR UNDERGROUND FACILITIES STATE OF ARKANSAS ) BE IT KNOWN BY THESE PRESENTS: COUNTY OF WASHINGTON THIS EASEMENT, entered into by the CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation (hereinafter styled as GRANTOR), and SOUTHWESTERN BELL TELEPHONE COMPANY, hereinafter styled GRANTEE, for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations, receipt of which is hereby acknowledged, do by these presents GRANT, BARGAIN, SELL AND CONVEY unto GRANTEE, its associated and allied companies, and their respective successors and assigns only that right, title, interest, equity and estate which the Grantor may have in the following lands for a permanent easement to construct, operate, maintain, inspect, replace and remove such underground telecommunication system and lines, and all appurtenances thereto, as may be required by Grantee from time to time, upon, over and under a strip of land Fifteen (15) feet in width, across Grantors' land situated in Washington County, Arkansas, and described as follows: EASEMENT DESCRIPTION: A Utility Easement, fifteen (15) feet in width, located in a part of the Southwest Quarter (SWY) of Section Thirty-three (33), Township Sixteen (16) North Range Thirty (30) West, ALSO a part of the Northwest Quarter (NW%4) and the Northeast Quarter (NEI,) and the Southeast Quarter (SEA) of Section Four (4) Township Fifteen (15) North, Range Thirty (30) West, AND ALSO a part of the Northeast Quarter (NEA) of Section Nine (9), Township Fifteen (15) North, Range Thirty (30) West, all In Washington County, Arkansas; the centerline of said Easement being more particularly described as follows: Part •L Beginning at a point on the South side of Airport Creek and the East right of way for U. S. Highway 71; said point being 1,348.60 feet North and 1,266.90 feet West of the Southeast Corner of said SWY4 of Section 33; Thence South 01. 57' 00' East 87.66 feet to a point which Iles between the edge of Ernest Lancaster Drive and an existing chain link fence; Thence along said fence and Ernest Lancaster Drive as follows: South 82 59' 00' East 292.80 feet; Thence South 7C 35' 00' East 49.00 feet; Thence South 64* 12' 10' East 60.54 feet; Thence South 52 42' 25' East 50.50 feet; Thence South 46* 05' 30' East 960.80 feet; Thence South 41` 17' 30' East 42.30 feet; Thence South 27' 13' 50' East 45.70 feet; Thence South 19 36' 15' East 91.00 feet; Thence South 04 15' 20' East 45.40 feet; Thence South 01. 17' 10' West 262.00 feet; Thence South 09 56' 10' East 86.15 feet; Thence South 69 30' 00' East 61.70 feet; Thence North 83` 45' 40' East 36.40 feet; Thence South 87 58' 50' East 343.95 feet; Thence South 000 38' 40' West parallel to the East fence Zine for the Federal Aviation Authority (F.A.A.) Control Tower 473.65 feet to a point 10.00 feet Northerly of the Southeast Corner of said F.A.A. fence; Thence North 89` 27' 40' West 7.50 feet to said F.A.A. fence line; ALSO, a Utility Easement fifteen (15) feet In width, the centerline being more particularly described as follows: Beginning at a point 7.50 feet South of an existing chain link fence that is 355.60 feet East and 101.00 feet South of the Northwest Corner of said NEA of Section 4; Thence parallel and 7.50 feet from said existing fence as follows: South 88' 02' 00' East 633.70 feet; Thence South 44 48' 10' East 344.64 feet; Thence South 00* 47' 55' West 1,118.78 feet; Thence South 29" 54' 40' West 316.10 feet; Thence leaving said fence South 62" 38' 40' East 239.50 feet to a point lying 7.50 feet West of an existing fence; Thence South 01' 19' 30' West 1,727.58 feet; Thence South 35 10' 10' West 1,106.84 feet; Thence South 60 11' 15' West 128.82 feet; Thence South 04* 11' 55' West 1,354.55 feet; Thence leaving said fence South 09 05150' East 1,146.12 feet; Thence South 02" 04' 13' East 149.20 feet; Thence South 770.20 feet to the South line of the NEY4 of said Section 9. TO HAVE AND TO HOLD, with all rights and appurtenances to the same belonging, unto said Grantee, its successors and assigns, until the use of the Easement is relinquished or abandoned including (1) the right of ingress and egress to and from the Easement by reasonable routes across Grantors' property, (2) the right to place on the surface of the Easement manholes, cable risers, connector terminals, repeaters, testing terminals and route markers, and (3) the right to install temporary or permanent gates In fences crossing the Easement. Grantee, its successors and assigns shall repair and restore the property and pay for damages to crops and other property following construction and maintenance work as determined by three disinterested persons one thereof to be appointed by said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of such three persons shall be final and conclusive. Further, Grantors reserve the right to use and enjoy their interests in the Easement area insofar as the exercise thereof does not interfere with the construction, operation and maintenance of said systems and lines; and included in this reservation is the right of ordinary cultivation of crops. • • EASEMENT FOR UNDERGROUND FACILITIES CITY OF FAYETTEVILLE Page 2 of 2 The consideration first above recited as being paid to Grantor by Grantee Is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. WITNESS the execution hereof this the SAC- day of cpa�G--' 1993 . CITY OF FAYETTEVILLE ATTEST: Fred H a� Sherry Thomas, iry Clerk STATE OF ARKANSAS COUNTY OF WASHINGTON BY: ACKNOWLEDGMENT SS (Seal) BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, within and for the County and State aforesaid, duly commissioned and acting, personally appeared the within named, Fred Hanna and Sherry Thomas to me well known, who stated that they are the Mayor and City Clerk of the City of Fayetteville. Arkansas. a municipal corporation, and are 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 instrument for the consideration, uses and purposes therein mentioned and set forth. 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