HomeMy WebLinkAbout107-94 RESOLUTION•
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RECORD
94 SEP 25 P1 1 51
nt. 4•...:1 iii AR
y:
RESOLUTION NO. 107-94
A RESOLUTION AUfHORIZING THE MAYOR AND CITY
CLERK I'O EXECUTE A RIGHT-OF-WAY GRANT 1SSl:1NG
SOUTHWESTERN ELECTRIC POWER COMPANY A 15 FOOT
UTILITY EASEMENT ALONG THE SOUTH SIDE OF
FAYETTEVIL1.E'S SEWER LIFT STATION NO. 5, LOCATED
AT MUD CREEK ON JOHNSON ROAD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I. That the Mayor and City Clerk to execute a right-of-way grant issuing
Southwestern Electric Power Company a 15 foot utility easement along the south side of
Fayetteville's Sewer Lift Station No. 5, located at Mud Creek on Johnson Road. A copy of the
Right-of-way Grant is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 20th day of September 1994.
ATTEST:
By:
Traci Paul, City Clerk
APPROVED:
By:
Fred Hanna, Mayor
94058139
STATE OF ARKANSAS
COUNTY OF WASHINGTON
• SWEPCO
Lift Sta. # 5
Gregg St. (Johnson Rd.)
Parcel No. 765-15695-000
RIGHT OF WAY GRANT
BE IT KNOWN BY THESE PRESENTS:
THIS RIGHT OF WAY GRANT, entered into by the CITY OF FAYETTEVILLE,
ARKANSAS, a municipal corporation, hereinafter styled GRANTOR, and SOUTHWESTERN
ELECTRIC POWER COMPANY, a Delaware corporation, 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, does by these presents GRANT, BARGAIN, SELL AND
CONVEY unto GRANTEE, its associated and allied companies, and their respective
successors and assigns, an easement and right of way as described hereafter for the
construction, operation, maintenance, and use of overhead electrical transmission and
distribution lines, consisting of variable number of lines, together with any and all
appurtenances thereto as may be required by Grantee from time to time, on, over, across and
under a strip of land Fifteen (15) feet in width, across Grantor's land situated in Washington
County, Arkansas, and more particularly described as follows:
PROPERTY DESCRIPTION:
Civil Court record Book 42 at Page 167 of the Office of the Circuit Clerk and Ex -Officio
Recorder of Washington County, Arkansas.
Part of the North Half (NY:) of the Northeast Quarter (NEY4) of Section 26, Township 17
North, Range 30 West, more particularly described as follows, to -wit: Beginning at a
Point that is West 1120.05 feet and North 513.62 feet from the Southeast corner of the
said NV2 of the NEA; thence North 88457' 00. West 369.50 feet to the right of way Zine
of Johnson Road; thence along said right of way line North 46428' 00' East 143.40 feet;
thence along said right of way line North 58 28' 00' East to the centerline of Mud
Creek; thence along the centerline of Mud Creek South 454 32' 00' East 214.30 feet;
thence South 30 feet to the Point of Beginning, containing 0.84 acres, more or less.
EASEMENT DESCRIPTION:
A fifteen (15) foot wide permanent easement described as being the South fifteen (15)
feet of the above described property and more particularly described as follows, to -wit:
Beginning at a Point that is West 1120.05 feet and North 513.62 feet from the Southeast
corner of said NYz of the NEA; thence North fifteen (15) feet; thence North 88 57' 00'
West 355 feet, more or Tess, to the East right of way line of Gregg Street (Johnson
Road); thence South 46 28' 00' West along the East right of way line of Gregg Street
a distance of 20.86 feet, more or less, to the South line of the above described property;
thence South 884 57' Or East along the South line of said property 369.50 feet to the
Point of Beginning and containing 0.12 acres, more or less.
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 Grantor's property, (2) the right of constructing, reconstructing,
locating relocating. inspecting, patrolling, installing new or additional underground lines, and
otner facilities and appurtenances as may be required in the future, (3) the right to remove
trees or undergrowth within the easement and trim such trees and undergrowth, or other
obstructions, which in the opinion of Grantee, constitute a hazard or endanger the safety
and/or reliability of said lines or their appurtenances and/or the public, and (4) the right to
install temporary or permanent gates in fences crossing the easement.
No buildings. structures, or other improvements (other than fences) may be constricted
above ground, and no trees shall be planted or permitted by Grantor on said right o; way.
94058140
RIGHT OF WAY GRANT
CITY OF FAYETTEVILLE
Page 2 of 2
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, Grantor reserves the right
to use and enjoy its 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.
WITNESS the execution hereof this the 20tHday of September
19994 .
BY:
CITY OF FAYETTEVILLE
ATTEST: Fred Hanna, Mayor
Traci Paul, City Clerk
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
Hanna and Traci Paul 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.
TN
IN TESTIMONY WHEREOF. I have hereunto set my hand and official seal on this Ziff day of
<?-fiy1eEiC- 199'-1
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Notary Public
94058141
THE CITY OF FAYET'EVIL LE ARKANSAS
DEPARTMENTAL CORRESPONDENCE
DATE: October 4, 1994
TO: Traci Paul, City Clerk
FROM: Ed Connell, City Land Agent
RE: City of Fayetteville Resolution No. 107-94
Coneclun To Right of Way Grant
Southwestern Electric Power Co.
An error was noted in the property descnption of the Right of Way Grant as covered by the
subject resolution and recorded as No. 94058141. The document that was executed by the City
and filed indicated the property to be in Section 26 (Township 17 North, Range 30 West), where
in fact. such property is located in Section 27 (Township 17 North, Range 30 West).
Included, please find a Connon Right of Way Grant document which should he signed by the
Mayor and yourself as soon as possible. The waster will record the document and provide your
office with a recorded copy. Thanks for your help.
eat 4014 Er'Tia.d etep7 0 no...sEin 7 A-74•
/O- 9- 9e/ .r?s A6 9s4o600733.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
October 4, 1994
Mr. Michael T. Campbell, E. I.
Southwestern Electric Power Company
P.O. 13ax 1328
Fayetteville, AR 72702
RE: City of Fayetteville
Sewer Lift Station N 5
Johnson Road/ Gregg Street
City Easement to SWEPCO
Dear Mr. Camphell,
We are pleased to enclose herewith a copy of Fayetteville City. Council Resolution No.
107-94 and original Right of Way Grant, filed in the office of the Washington County Circuit
Clerk as Deed Record No. 94060233, relative to a fifteen (15) foot easement along the South
side of the subject sewer lift station property. This easement is limited to overhead electrical
transmission and distribution lines.
Please advise the City Engineering Division (575-8206) at least five (5) working days
prior to entering the subject property for construction purposes.
If there are any questions or comments, please contact the undersigned at 444-3415.
Sincerely,
Edward ll
City Land Agent
\EDC
Attachments
copy: Milholland Engineering, Fayetteville, AR
113 WEST MOUNTAIN 72701 501-521-7700
FAX 501-575-8257
RESOLUTION NO. 107-94
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CI ERK TO EXECU 1'E A RIGHT-OF-WAY GRANT ISSUING
SOUTHWESTERN ELECTRIC POWER COMPANY A 15 FOOT
UTILITY EASEMENT ALONG THE SOUTH SIDE OF
FAYETTEVILLE'S SEWER LIFT STATION NO. 5, LOCATED
AT MUD CREEK ON JOHNSON ROAD
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk to execute a right-of-way grant issuing
Southwestern Electric Power Company a 15 foot utility easement along the south side of
Fayetteville's Sewer Lift Station No. 5, located at Mud Creek on Johnson Road. A copy of the
Right-of-way Grant is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 20th day of September 1994.
ATTEST:
By: &Lilts 72aJi
Traci Paul, City Clerk
APPROVED:
By:
red Hanna, Mayor
'94 OCT
CORRECTION
RIGHT OF WAY GRANT
7
SWEPCO
Lift Station 7i5
Gregg Street (Jdhnsor Road)
Parcel No. 765-15695-000
This is to correct the Section number from °26" to "27" in the Right of Way
Grant filed as Deed Record 94058140.
STATE OF ARKANSAS
COUNTY OF WASHINGTON
BE IT KNOWN BY THESE PRESENTS:
THIS RIGHT OF WAY GRANT, entered into by the CITY OF FAYETTEVILLE,
ARKANSAS, a munic.pal corporation, here nafter styled GRANTOR. ane SOUTHWESTERN
ELECTRIC POWER COMPANY, a Delaware corporation, hereinafter styled GRANTEE. for and in
consideration of the sum of One Dollar (51.00) and other valuable considerations. receipt of which
is hereby acknowledged, does by these presents GRANT, BARGAIN; SELL AND CONVEY unto
GRANTEE, its associated and allied companies, and their respective successors and assigns, an
easement and right of way as described hereafter for the construction, operation, maintenance,
ana use of overnead a ectrical transmission and distribution lines, consisting of variable n,;rnber
of lines, together with any and all appurtenances thereto, as may be required by Grantee from
time to time, on, over, across and under a strip of land Fifteen (15) feet in width, across
Grantor's land situated in Washington County, Arkansas, and more particularly described as
follows:
PROPERTY DESCRIPTION:
Civil Court record Book 42 at Page 167 of the Office of the Circuit Clerk and Ex -Officio
Recorder of Washington County, Arkansas.
Part of the North Halt (NY2) of the Northeast Quarter (NEY4) of Section 27, Township 17
North, Range 30 West, more particularly described as follows, to -wit: Beginning at a Point
that is West 1,120.05 feet and North 513.62 feet from the Southeast corner of the said NY,
of the NEY4; thence North 88° 57' 00' West 369.50 feet to the right of way line of Johnson
Road; thence along said right of way line North 46° 28' 00' East 143.40 feet; thence along
said right of way line North 56° 28' 00' East to the centerline of Mud Creek; thence along
the centerline of Mud Creek South 45° 32' 00° East 214.30 feet; thence South 30 feet to the
Point of Beginning, containing 0.84 acre, more or less.
EASEMENT DESCRIPTION:
A fifteen (15) foot wide permanent easement described as being the South tifteen (15) feet
of the above described property and more particularly described as follows, to -wit:
Beginning at a Point that is West 1,120.05 feet and North 513.62 feet from the Southeast
corner of said NYS of the NE1A; thence North fifteen (15) feet; thence North 884 57' 00- West
355 feet, more or Tess, to the East right of way line of Gregg Street (Johnson Road); thence
South 46° 28100' West along the East right of way line of Gregg Street a distance of 20.86
feet, more or less, to the South line of the above described property; thence South 88° 57'
00' East along the South line of said property 369.50 feet to the Point of Beginning and
containing 0.12 acre, more or less.
TO HAVE AND TO HOLD, with all rights and appurtenances to the same be o^ping, 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 Grantor's property, (2) the rigrt of constructing, reconstructing, locating. relocating,
inspecting, patrolling, installing new or add•tional underground ''nes, and other facilities and
appurtenances as may be requ red in the f,;ture. (3) the 'ignt to remove trees or undergrowth
witnln the easement and trim such trees and undergrowth: or other oostructicns, which in the
opinion of Grantee; constitute a hazard or endanger the safety and/or reliability of said lines or
their appurtenances and/ o• the public, and (4) the right to install temporary or permanent gates
in fences crossing the easement.
No buildings, struct„res, or other improvements (other than fences) may be constructed
above ground. and no trees shall be panted or permitted by Grantor on said rig~t of way.
° 94060233
aCOkRECTION RIGHT OF WAY GRANT
CITY OF FAYETTEVILLE
Page 2 of 2
•
Grantee, its successors and assigns skall cepa r 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 :he said
Grantee; and the third by the two so appointed as aforesaid, and the written award of such three
persons shall oe final and conclus ve Further; Grantor reserves the r.gh: to use and enjoy its
interests in the easement a•ea insofar as the exerc!se thereof does not interfere witn the
construction, operation and maintenance of sa.d systems and lines; and .rcluded in this
reservation is the right of ord.nary cultivation of cops.
The consideration first aoove recited as being paid tc Grantor by Grantee is In ru
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 executicn hereof th.s the 4T>-1 day of OCTcf3F1z , 1994 .
ATTEST:
Traci Paul,,Cii9;clerk
•1\s
• 1 Vn..yJ,‘..
•
•
•
STATE OF ARKANSAS
COUNTY OF WASHINGTON
BY:
CITY OF FAYETTEVILLE
Fred Hanna. Mayor
ACKNOWLEDGMENT
ss
2L
(Seal)
BE IT REMEMBERED, that on this day carne before the undersigned, a Notary Public, within ano for the
County and State aforesaid duly commissioned anc acting, personally appeared the within named Fred Hanna
and Traci Paul to me well known, who stated that they are the Mayor and City Cleik of :he 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 nehalf o` said coroorat on, and further stated and acknowledged thattney had
so signed, executed and delivered sa d rstrument for the consideration uses and purposes there r mentioned and
set forth.
�IN TESTIMONY WHEREOF, I have hereunto set my hand and official sea: on this
1 77--e)�r . '99 '
MY COMMISSION EXPIRES
94060234
day of