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Home My WebLink About55-94 RESOLUTION• Fr° REcoRD l'Ifiv 5 pir) 1 02 1401+SHityj uN CO stili • "A-kin/FR RESOLUTION NO. 5 5 - 9 4 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECU It A RIGHT-OF-WAY GRANT TO OZARKS ELECTRIC COOPERATIVE CORP FOR A UNDERGROUND THREE PHASE POWER SYSTEM ACROSS A PORTION OF SWEETBRIAR PARK. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. 'That thc Mayor and City Clerk arc hereby authorized to execute a 15 lbot Right -of -Way Grant to Ozarks Electric Cooperative Corp for an underground three phase power system across a portion of Sweetbriar Park. A copy of the right-of-way grant is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 3rd day of May . 1994. ATTEST: By: at C.44. Sherry T. Thomas, City Clerk ll . ••• 1.1/4% Andll tylma a • •••••••• a it g • 1 Sa. • ..,p...,•• mitss‘usAiniater:;" APPROVED: By: 'red4?///14-friz---- Hanna. Mayor 94027150 STATE OF ARKANSAS COUNTY CF WASHINGTON • Ozarks Electric Sweetbrier Pars Parcel No. 765-15687-000 765-15695-00C RIGHT OF WAY GRANT BE IT KNCWN BY TrtESE PRESENTS: THIS RIGHT OF WAY GRANT entered into by the CITY OF FAYETTEVILLE, ARKANSAS. a mun c pal ccrporat cn, hereinafter stylea GRANTOR, and OZARKS ELECTRIC COOPERATIVE CORPORATION, an Arkansas corporation, hereinafter stylea GRANTEE. for and in consideration of the sum of Ore Do:lar ($1 00) ana other valuable considerat cns, receipt of which is hereby acknowledged, does by tnese presents GRANT, BARG/MN, SELL AND CONVEY unto GRANTEE. its associated and alliea companies, and their respective successors and assigrs, an easement and rignt of way as described hereafter for the construct an operat cn, ma.ntenance and use of electrical transmiss:cn and distr but cn lines, consisting of var able number of lines. togetner with any and all appurtenances thereto, as rray be required by Grantee from time to t:me, upon and under a strip al land _afteen ;15) feet in width, across Grantor's and situated n Washington County, Arkansas, and more particularly described as oLows: PAOPERTY Deed Book 898 at Page 711 and Deed Book 1007 at Page 236. of the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. Part of the East Half (E1/2) of the Southeast Quarter (SE%) of Section 25, Township 17 North, Range 30 West, more particularly described as follows, to -wit: Beginning at the Northeast corner of the Southeast Quarter (SES4) of said 8E14, and running thence North 150.00 feet, thence West 371 60 feet; thence South 00 08' sr West 460.00 feet: thence East 371.60 feet to the East line of said SEA; thence North 310.00 feel to the Point of Beginning, and containing 3.92 acres, more or less. EASEMENI_DESCHEILON: A fifteen (15) foot wide permanent easement, being seven and one-half (7.5) feet on either side of a centerline, said centerline being more particularly described as follows: Beginning at a point on the North line of the above described property, said point being South 88 07' ar West 30.00 feet from said Northeast corner; thence South 03. 44 10' West 125.00 feet: thence South Off 42' W East 124.40 feet; thence South 47' 59' 12. West 142.06 feet; thence South 33- 29' 281 East 78 70 fem. thence South 36 35' 2W East 43.00 feet; thence South 58. 40' 486 East 28.00 feet to a point on the South line of the above described property, said point also being South 88' 07' 32* West 55.00 feet from the Southeast corner of said property, and containing 8117.43 square feet, more or less. Bearings are based on Final Plats of Paradise View Estates Subdivision as surveyed by Grafton, Tull & Associates. TO HAVE AND TO HOLD, witn all rignts ano appurtenances to the same belonging, unto said Grantee its successors and assigns, until the use of the easement is rel:nquished or abandoned, including (1) the right at ngress and egress to and from the easement by reasonable roJtes acrcss Grantor's property, (2) the right of constructing, reconstructing, locating, relocating irspecting, patrolling, installing new or additional underground lines, and other faci ities and appurtenances as may be required n the future, (3) the right to remove trees or undergrowth within ale easement and trim such trees and undergrowth, or other obstruct ons, 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 instal temporary or permarent gates in fences crossing the easement. No buildings, structures. or other improvements (other than fetes) may be constructed above ground, and no trees shall be plarted or permitted by Grantor on said r ght of way 94027151 RIGHT OF WAY GRANT CITY OF FAYETTEVILLE Page 2 of 2 Grantee, its successors and ass gns shall repair and restore the property ard pay tor darages to crops and other property following :cnstn,ction and maintenance work as determined by three chsinterested persons, are thereof to be appointed by said Grantcr; one by the sad Grantee; and the third Dy Pie tWO sc appointed as aforesaid anC the written award of such three persons shall be final and conclus.ve. Furtner, Grantor reserves the right to use anc enjoy its interests in the easement area insofar as the exercise mewl does no: interfere with the corstruct on. operation and maintenance of said systems and lines; and included n this reservation is the r.ght of ordirary cultivation of crops. The consideration first above rec ted as Peing oaid to Grantor by Grartee is in full sat eaction of every right hereby grarted Al. covenants ard agreements herein contained shall extend to and be b.nd rg upon the respective heirs, legai representatives. successors and assigrs of :re parties hereto. WITNESS the execution hereof this the 3.",( day osiltek... ATTEST: terry Tho s, City C erk STATE OF APKANSAS BY. CITY OF FAYETTEVILLE figain4 Fred nna, iMayor ACKNOWLEDGMENT • J ;Seal) COUNTv OF WASHINGTON BE IT REMEMBERED. :hat on this cay came "efore the undersigned a Notary Public, w.thin and lor the County and State aforesaid. duly commissioned ard act.rg. personal y appeared the w thin ramed Ehrid !larva and Sherry Thomas to me we I known, who stater that they are the Maynr and CitY Clerk of Me City of Favetteyil e. Arkansas a rnricIpa corporatimi anc are du y authorized m :helr respective capac ties to execute the foregcing instrument 401' arc r. the lame and behalf of said corporatior. and further slated and acknowledged that they had so signec, executed are de meted said monument dor me consIderatior, dses and purposes threm mentichec and set fo-th if.. TES—IMCNY WHEREOF. I have hereunto set my Iand and Old& seal ori this iitiot day of • 4 99 7 MY COMMISSION EXPIRES -7r) Notary Pubi c 94027152