HomeMy WebLinkAbout38-94 RESOLUTIONCCR
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RESOLUTION NO. 38-94
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A RIGHT OF WAY GRANT
CONVEYING A UTILITY EASEMENT FOR POWER LINES
ACROSS PROPER'T'Y ALONG THE NORTH SIDE OF CITY
OWNED PROPERTY AT INDIAN TRAIL ROAD AND
RAZORBACK ROAD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council hereby authorizes the Mayor and City Clerk to
execute a Right of Way Grant conveying a utility easement for power lines across property along
the north side of city owned property at Indian Trail Road and Razorback Road. A copy of the
Right of Way Grant authorized for execution is attached hereto marked Exhibit "A" and made
a part hereof.
PASSED AND APPROVED this _5th day of April 1994.
APPROVED:
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ATTEST:
By:
Sherry L Thomas, City Clerk
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Fred Hanna. Mayor
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STATE OF ARKANSAS
COUNTY OF WASHINGTON
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SWEPCO
Indian Trail Road
Parcel No. 765-14832-000
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
EL.ECTRIC POWER COMPANY, a Delaware corporation, hereinafter styled GRANTEE for and
in consideration of the sum of One Dollar (Si 00) and other valuable considerations, receipt of
which is hereby acknowledged, does Dy 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 electrical transmission and distnbution lines, consisting of
variable number of lines. together with any and all appurtenances thereto. as may be required
by Grantee from time to time, upon. over and under a strip of land Ten (10) feet in width,
across Grantor's land situated in Washington County, Arkansas, and more particularly described
as fol;ows
PROPERTY DESCRIPTION:
Deed Book 1052, Page 584: A tract of land situated in the Northeast Quarter (NE'/.) of the
Northeast (NE%) of Section Twenty (20), Township Sixteen (16) North, Range Thirty (30) West of
the Fifth Principal Meridian, being more particularly described as follows, to -wit Beginning at a
point which is 12.11 feet South of the Northwest comer of said forty, said point is also 10.00 feet
North of the centerline of the St. Louis - San Francisco Railroad; thence North 83° 00' 00" East,
paralleling said railroad centerline 10.00 feet to the North, 99.40 feet to the North line of said
Northeast Quarter of the Northeast Quarter, thence East, along said forty line 725.00 feet thence
South 266.50 feet; thence West 823.66 feet to the West line of said Northeast Quarter of the
Northeast Quarter, thence North, along said forty the 254.38 feet to the Point of Beginning.
Containing 5.02 acres, more or Tess. LESS AND EXCEPT that portion contained in railroad right
of way in the Northwest comer of herein described tract
EASEMENT DESCRIPTION:
A part of the Northeast Quarter (NE'/.} of the Northeast Quarter (NEV.) of Section Twenty (20),
Township Sixteen (16) North, Range Thirty (30) West, beginning at a point 97.42 feet South and
17.19 feet East of the Northwest Comer of said NE'/. NE1/4 at the point of intersection of the
existing East right of way line of Razorback Road and the South right of way ine of Indian Trail;
thence South 11.16 feet thence North 64° 11' 01" East 86.97 feet; thence North 83° 00' 00" East
571.92 feet to a point on the North ine of the above described property; thence West 80.90 feet
to the Railroad right of way; thence along said right of way South 83° 001 00" West 493.30 feet;
thence leaving said right of way, South 64° 11' 01" West 83.68 feet to the Point of Beginning,
containing 6,160 square Leet, more or Tess.
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 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, (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 sato 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 constructed
above ground. and no trees shall be planted or permitted by Grantor on said right of way.
q4L i 2 V/
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SWEPCO
Indian Trail Road
Parcel No 765-14832-000
RIGHT OF WAY GRANT
STATE OF ARKANSAS
BE IT KNOWN BY THESE PRESENTS:
COUNTY OF WASHINGTON
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 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. upon, over and under a strip of land Teri (10) feet in width,
across Grantor's land situated in Washington County Arkansas, and more particularly described
as follows:
PROPERTY DESCRIPTION:
Deed Book 1052, Page 584: A tract of land situated in the Northeast Quarter (NE'h) of the
Northeast (NE'/4) of Section Twenty (20). Township Sixteen (16) North, Range Thirty (30) West of
the Fifth Principal Meridian, beng more particularly described as follows, to -wit Beginning at a
point which is 12.11 feet South of the Northwest comer of said forty, said point is also 10.00 feet
North of the centertne of the St. Louis - San Francisco Railroad; thence North 83° 00' 00" East,
paralleling said railroad centerline 10.00 feet to the North, 99.40 feet to the North line of said
Northeast Quarter of the Northeast Quartet thence East, along said forty fee 725.00 feet thence
South 266.50 feet thence West 823.66 feet to the West line of said Northeast Quarter of the
Northeast Quarter, thence North. along said forty fixe 254.38 feet to the Point of Beginning.
Containing 5.02 acres, more or less. LESS AND EXCEPT that portion contained in railroad right
of way in the Northwest comer of herein described tract
EASEMENT DESCRIPTION:
A part of the Northeast Quarter (NE'/4) of the Northeast Quarter (NE%) of Section Twenty (20),
Township Sixteen (16) North, Range Thirty (30) West, beginning at a pont 97.42 feet South and
17.19 feet East of the Northwest Comer of said NE1/4 NE% at the point of intersection of the
existing East right of way line of Razorback Road and the South right of way tine of Indian Trait
thence South 11.16 feet; thence North 64° 11' 01" East 86.97 feet; thence North 83° 00' 00" East
571.92 feet to a pont on the North line of the above described property; thence West 80.90 feet
to the Railroad right of way; thence along saki right of way South 83° 00' 00" West 493.30 feet;
thence leaving said right of way, South 64° 11' 01" West 83.68 feet to the Point of Beginning,
containing 6,160 square feet, more or Tess.
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 nght of constructing, reconstructing,
locating, relocating. Inspecting patrolling, hanging new wires on existing facilities or such
additional faalities 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 atner improvements (other than fences) may be constructed
above ground. and no trees shall be planted or permitted by Grantor on said right of way
94022241
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RIGHT OF WAY GRANT
CITY OF FAYETTEVILLE
Page 2 of 2
Grantee its successors and assigns shali repair and restore the property and pay for
damages to crops and other property following construction and maintenance work as
determined by tnree disinterested persons. one thereof to be appointed by said Grantor: one by
the said Grantee, and tie third by the two so appoirted as aforesaid, and tie written award of
such three persons shall de final and conclusive. Further, Grantor reserves the right to use and
enjoy its interests in :he easemer: 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 :s the right of ordinary cultivation of crops.
The consideration first above recited as being paid to Grantor by Grantee is in furl
satisfaction of every right hereby granted. All covenants and agreements herein contained shall
extend to aid be binding ucon the respectve heirs. legal representatives. successors and
assigns of the parties hereto ALL
WITNESS the execution hereof this the -Sit items
day of C
199 t l
ATTEST:
Sherry Thor 'as C ty Clerk
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STATE OF ARKANSAS
COUNTY OF WAS'-I.NG—ON
BY.
CITY OF FAYETTEVILLE
Fred FYanna. Mayor
ACKNOWLEDGMENT
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(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 authorr7ed it 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 deliverer, said instrument for the consideration uses and purposes therein
mentioned and set forth
IN TESTIMONY WHEREOF. I have hereurto set my hand and ofhc al seal on this £ZC day of
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MY COMM.SSION EXPIRES:
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Notary Public