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HomeMy WebLinkAbout88-93 RESOLUTIONRESOLUTION NO. 88-93 A RESOLUTION GRANTING AN EASEMENT TO SOUTHWESTERN BELL TELEPHONE COMPANY FOR A TELEPHONE EQUIPMENT STATION TO BE LOCATED BEHIND THE SETBACK LINE ON PROPERTY OWNED BY THE CITY AND OCCUPIED BY FIRE STATION NO. 5 AT 833 N. CROSSOVER ROAD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS- Sunsui1. That the Council hereby grants an easement to Southwestern Bell Telephone Company for a telephone equipment station to be located behind the setback line on property owned by the City and occupied by Fire Station No. 5 at 833 N. Crossover Road. A copy of the Easement for Equipment Station is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 17th day of August , 1993. ATTEST: By: Ai". Thomas, City Clerk ege APPROVED: ® Southwestem Bell Telephone • EASEMENT FOR EQUIPMENT STATION =2 SN 31u4 W-63361-1 (4-92) THIS EASEMENT, entered Into by the undersigned, herein referred to as GRANTORS, and SOUTHWESTERN BELL TELEPHONE COMPANY, GRANTEE. wherein GRANTORS In consideration of the sum of Three Hundred SeventyFive And No/100 Dolars (s 315.00 1, and other valuable consideration, eceipt of which Is hereby acknowledged, do by these presents GRANT, BARGAIN AND SELL. CONVEY AND CONFIRM unto GRANTEE, Its associated and aped companies, kit and their respective successors and assigns, a permanent right and easement to construct. operate, maintain, reconstruct, Inspect, fence and remove a commmunIcatlons equipment station upon Grantors' land situated h Washington county, state of Arkansas and described as follows: A part of the South East Quarter (SE 1/4) of Section Eleven C11). Township Sixteen North (T -16-N). Range Thirty West (R -30-W), described as a part of Lot Seven (7) Block Three (3) o f the Eastwood Subdivision to the City of Fayetteville, being more speciflcaly described as beginning at the North East corner of said lot seven (7). thence West along the North line S ixty Five feet (65'). thence South Fifteen feet (15'), thence East Fifteen feet (15'), thence North parrell to State H ighway #265 Five feet (5'), thence East parrell to the North line of said lot Seven C7) to the West right-of-way line of said highway #265. thence North adjoining the said West ✓ ight-of-way line of said highway #256 to the point of Beginning. TO HAVE AND TO HOLD same, together with all rights and appurtenances to the same belonging, unto Grantee, and to its successors and assigns forever, including (1) the right to connect said station with the Grantee's oonensicatlons systems by mans of aerial and underground cables, conduits, wires and antennas, (2) the right to enclose said lard with a fence, (3) the right of ingress and egress to and from said stations by reasonable routes across the adjoining property of the Granton, (4) the right to construct, improve and maintain a roadway suitable for vehicular traffic from Highway #265 ten feet wide to saki station, (5) the right to construct, operate and maintain, or license others to do so, service Anes for utility services upon, over and under sald roadway, (6) to Install gates M any fences crossing said roadway, and (7) to clear and keep cleared all trees. overhanging branches. roots, brush and other obstructions from said land and roadway. Grantors covenant that they and their heirs. successors, administrators and assigns, shall and will WARRANT AND DEFEND the title to the premises unto 0* said Grantee, and to its successors and assigns forever against the lawful claim of all persons whomsoever; and further that the Grantee, its successors and assigns, may quitly enjoy the premises for the Imes herein stated. Grantors warrant they have no knovAedge of environmental hazards affecting the easement, except those disclosed to Grantee; Grantors agree to hold Grantee harmless from Aabity arising from such undisclosed hazards. Signed and executed this 17th Witness i • day of x (ale 79 • Execute acknowledgement on reverse side Mr. Mickey Jackson, Chief Fayetteville Fire Dept. 303 West Center St. Fayetteville, AR. 72701 • ACKNOWLEDGEMENT STATE OF COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person/s whose name/s Is/are subscribed to the foregoing Instrument, and acknowledged to me that hs/she/they executed the same for the uses, purposes and considerations therein expressed as his/her/their free and voluntary act and deed. Given under my hand and seal of office this the t'7 Tn day of PiU6tS T , A.D. 19 Notary Pubic, f� �- k -I-1 t My Commission Expires.•I- f i Expires � STATE OF COUNTY OF BEFORE ME. the undersigned authority, on this day personally appeared , known to me to be the person/s whose name/s Is/are subscribed to the foregoing instrument, and acknowledged to me that he/she/they executed the same for the uses, purposes and considerations therein expressed u Ns/her/their free and voluntary act and deed. Given under my hand and seal of office this the day of , A.D. 19 Notary Public, My Commission Expires CORPORATION ACKNOWLEDGEMENT STATE OF COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name Is subscribed to the foregoing Instrument, and upon being duly swom did state and acknowledge that he/she Is of , a corporation orgart.d under the laws of the State of , and that he/site executed the foregoing instrument M the capacity stated under authority of Its Board of Directors and had affixed thereto the corporate seal for the uses, purposes and considerations therein expressed as the free and vokntary act and deed of the corporation. 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