HomeMy WebLinkAbout63-95 RESOLUTION•
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FILED FOR.RECORD
'95 IYAY 12 A1910 99
WASn . ,,U AR
K. HARNESS
RESOLUTION NO. 63-95
A RESOLUTION APPROVING A PERMANENT EASEMENT
TO SOUTHWESTERN BELL. TELEPHONE COMPANY. FOR
UNDERGROUND FACILfI'ILS AND A EQUIPMENT STATION
IN THE FAYETTEVl1.1.E INDUSTRIAL PARK.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council hereby approves and authorizes the Mayor and City
Clerk to execute a permanent easement to Southwestern Bell Telephone Company for
underground facilities and a equipment station in the Fayetteville Industrial Park. A copy of the
easement and legal description is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 2nd day of May , 1995.
Traci Paul, City Clerk
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APPROVE
By:
IA"�/4tir
Fred Hanna, Mayor
95023068
Southwestern Bell Telephone
EASEMENT FOR EQUIPMENT STATION
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RN9511
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5i;Su
SW -6336I-1
(4- 92)
THIS EASEMENT. entered Into by tie undersigned. herein reerred to as GRANTORS, and SOUTHWES-ERN BELL
TELEPHONE COMPANY, GRANTEE, wherein GRAN -ORS. In consideration of tr•e sum of Ore aro N o / 100
Do•.ars IS 1 • 0 0 ) , ar•d other valuable consideration, receipt of
which Is hereby acknowledged. do by these presents GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, Its
associated and allied companies, hs anc their respective successors and assigns, a permanent right and easement lo construct,
operate, maintain, reconstruct, Inspect fence and remove a ccmmmunicatlors equipment station upon Grantors' lard situated
In Washington count/ State cf A r {ansa 5 and described as fo';ows:
A part of the South East Quarter ISE 114) of t
West Quarter (SW 1/4) of Section Tnirty Tnree
Township Seventeen North (:-17-N), lfanae Thi
CR -30-W1, Washinaton County. Arkansas bei
specifically described on Exhibit A attached
and rr.ade a oar•t of this easement by reference:
n e Soutn
CS 331.
✓ ty West
n a more
here to
TO HAVE AND TO HOLD same. together with all rights and appurtenances to the same belonging. unto Grantee. and to
Rs successors and assigns forever. Including (1) the right tc connect said station with the Grantee's communications systems by
means of aerial and ..ndergroand cables, conduits, wires and antennas, (21 the right to enclose said land with a fence 13) the
right of Ingress and egress to and from sa.d stations by reasonable routes across the adjoining property of the Grantors,
14) the right to construct, Improve and maintain a roadway s:..table `or vehicular traffic f v o m city street 2 0 feet
wide to said station, (5) the right to construct. operate a -d maintain. or license others to do so, seance lines for utility services
upon. over and under said roadway, (6) to Install gates In any fences crossing said roadway, and (7) to clear and keep cleared all
trees, overhanging branches roots brush and other obstr,.ctions 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 the said Grantee, and tc Its successors and assigns forever against the lawful claims of all
persons whomsoever; and further that the Grantee. es successors and assigns. may quietly enjoy the premises for the uses
herein stated Grantors warrant they have no knowedge of environmental hazards affecting the easement. except those
disclosed to Grantee; Grantors agree to ^.old Grantee harmless from Ilabilrty arising from such undisclosed hazards.
C - ty
Signed and executed this 2 (^� _ _ day of
if Fayetteville, Arkansas
J
X Pt t f;y/
Wnets:/2
� rFCK
95023069
Execute acknowledgement on reverse side
77a7
.1995 illi, u,,r,y�
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ACKNOWLEDGMENT
STATE OF ARKANSAS
)ss:
COUNTY OF WASHINGTON
Before me, a Notary Public duly commissioned, qualified and
acting within and for the County and State aforesaid, appeared in
person the within named, Fred Hanna and Traci Paul, Mayor and City
Clerk, respectively, for the City of Fayetteville, Arkansas, to me
personally known, who stated that they were duly authorized in
their respective capacities to execute the foregoing instrument for
and in the name and behalf of the municipal corporation, and
further stated and acknowledged that they had so signed, executed
and delivered the foregoing instrument for the consideration, uses
and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official
seal.
YRX.•'CommissiOn Expires:
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Notary Public
95023071
Exhibit A
i,eaal Desert!) on of an easement executed by the City of
Fayetteville. Arkansas and granted to Southwestern Bell
Telephone Company. Dated 2nd_ day of 1995.
A tract of lana to the SE 1/4 of the SW 1/4 of Section 33,
Township 17 North. Rance 30 West in Washir.ator. County,
Arkansas. being more fully described as follows: Commencing at
the Northwest corner of said section 33: thence South 876
19'24" East aiona the North line thereof. 1601.74 feet: thence
South 02°25'4" West. 3966.48 feet to a point on the North
line of a tract as surveyed and recorded In Book 1376 at pace
503. the point of Beoinnina: tnence South 02"25'44" West. 50.0
feet: thence North 87°2i' 18" West 5C.0 feet: thence Ncrth 02°
25'44" East 50.0 feet: tnence South 97`21'18" East 50.0 feet
to the noint of beainnina. Containing C.06 acre (2500 scuare
feet.). more or less.
95023072
SCF: 1== 0'
60d NAIL IN
FENCE CORNER POST
NW CORNER
Y33-17-3_ 0
5 87'19'2�n
1621.74'
EASEMENT PLAT
EXHIBIT B
BASIS OF BEARING:
— City of Fayetteville Ground Control Network
— Bearings Between City Monuments
.1-9 & K-9 is N04'02'24"W
— Distances are at surface datum
— Unit of measurement is U.S.
Surveyfoot (1 meter — 1 foot x 3.280833...)
— Conversion factor grid distance =
sur'ace distance x 0.9999237475
FENCE 13.0'
EAST OF Q
LEGEND
EASEMENT UNE
PROPERTY UNE
X X X EXISTING FENCE
0
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FOUND IRON PIN
SET IRON PIN
N 86'17 W
A tract of land in the SE1/4 SW1/4 of Section 33, Township 17
North, Range 30 West in Washington County, Arkansas, being more
fully described as follows: Commencing at the Northwest corner of
said Section 33; thence S 8719'24" E along the North line thereof,
1621.74 feet; thence S 0225'44" W, 4003.27 feet to
the point of beginning; thence S 8617' E, 50.0 feet;
thence S 02'25'44" W, 50.0 feet; thence N 8617' W, 50.0 feet;
thence N 02'25144" E, 50.0 feet to the point of beginning.
Containing 0.06 acre (2500 square feet), more or less.
500 -17N -30W-0-33-320-72-1263
CERTIFICATION
1 HEREBY CERTIFY THAT THE ABOVE
PLOT REPRESENTS A SURVEY MADE
UNDER MY SUPERVISION.
DATE SEALED- S- 2 - 9
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0;Z'��nu m;n�9 `a°°°�•
PREPARED FOR. SW BELL
SWB JOB No.: RN9511
DATE: 05/02/95
JOB: F95003.05 F.B.: 215
PREPARED BY:
Northwest Engineers
P.O. Box 1173
Fayetteville, AR. 72702
95023073
® Southwestern Bell Telephone
849511 5291
SW -6336X-1
N-911
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EASEMENT FOR UNDERGROUND FACILITIES
T -IIS EASEMEN', entered oto by the „rders geed nereln referred to as GRANTORS, and
SCJTHWESTEPN BELL TE._EWdONE COMPANY GRANTEE. wherein GRANTORS, 4n c r dere:fon of the sum of
One and No/100 Dollars (3 I •uu
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and other value:le ccnsidera; on rece pt c' which is hereby acknowletlged, do by hese presents GRANT.
BARGAIN AND SF_. CON'VEv A..D CCNrIRM ..rtc 3PPANTEE, its associated and all ed comparies its and :her
respective successors and axs ;rs a permarem easeme-t to construct. operate, maiita n. inspect. replace
and remove soar unde•grcurd to ecommun.cat on systems and nes and a I appurtenances the -etc, as may
be IeaWrec by 3'a -tee "o•n •'•e to 1 me. -.con. over and Lnde- a s:'p of and 5 & 2C feet in
width, across Gian:o-s aro sruated n Washington Cou-ty. and desc- bed as
'ol ows:
A Hart of Section Thirty Three CS 33). Township
Seventeen North (T -17-N). Ranee Thirty West (R -30-W),
Washlnaton County. Arkansas belna more specifically
described on Exhibit A attached here to and made a part
of this easement by reference;
TO HAVE AND TO r'C,D same, w :n all r.g'ts and appu-tena-cos to the same be ongng, ;.rte Grantee.
its successors assigns. ., t. the i.se at :re casement 15 rel-gwshed or abandoned, including (1) the r.ght cf
ingress and egress to and 'ro-n :he easeme-t by reasona::e routes across G•artors' properly. (2) re right to
clear and trim trees overhang.ng b-a^cres, fools.:rLsh a -d cher cbst•uct ons •n the easement, (3) the right
to :lace on :he sur'ace :.f the easement ma -`ores cab a risers, connecter term nals. repeaters. testing
term nals and -outs markers and (4: the -.ght to -sta. temporary or pe••'arent gales in fences crossing the
easement
Grartee. its successcrs a -C ass.grs she •epa.r and restore the property and pay for damage to crops
and ether :rope ty fallow ng ccrst•_ct on a -a ma rtenence work. Curtner, 3 a-tcrs reserve the right to use and
ertoy their. -terests r the easeme-t a -ea irscfar as re exercise thereof toes not e -danger or interfere with
:he ccrst-uct an opera: cr and na ••te-ar•ce o' said systems and Ines and ncluded in this reservation is the
-ght of c-c.nar,r, tvat cn c' o'cps
0 a -tars arra-: t^at :bey ate t^e owrers cf the land here conveyed they have no Know edge of
env.•cnrrer.:al naza-,:s a"ec:,ng the and except those discicsec tc Gra-tee. and they have the right to make
th.s conveyance an receive re payment :rierefc•. and Gran:ors ccverant that Grantee. Its successors
assigns. and Ilce-sees. may quietly en,cy t^e pram ses for the uses here.r stated Grantor agrees to ho•d
Grantee ^armless 'or ,ab ,ly arising f•orr urd sc osed erv.ronmental hazards.
S gned and executed the e2 fly -1 dn e' /2,7
Cit» flf Fayettev' e. Arkansas
WtneSs:'-%1','4 ,f_ Xr7'J', t elI7 C',I..E'1ZK
1 H,E STATE OF kt!s' • 1
• COCNTY CF .-'r
appeased -t
z. '' person_ :rh6aa i
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ire. they pet
_ - ...Given -eider
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ACKNOWLEDGEMENT
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BEFORE ME. the undersigned author ty, on this day personally"—
, know' la me to be the
e_ istare subscribed to the foregoing nstrumert and acKncw•edged to me that
e same far purposes and considerations therein expressed
n.�
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ACKNOWLEDGMENT
STATE OF ARKANSAS
)ss:
COUNTY OF WASHINGTON
Before me, a Notary Public duly commissioned, qualified and
acting within and for the County and State aforesaid, appeared in
person the within named, Fred Hanna and Traci Paul, Mayor and City
Clerk, respectively, for the City of Fayetteville, Arkansas, to me
personally known, who stated that they were duly authorized in
their respective capacities to execute the foregoing instrument for
and in the name and behalf of the municipal corporation, and
further stated and acknowledged that they had so signed, executed
and delivered the foregoing instrument for the consideration, uses
and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official
seal.
.,_ .duly Comnii,ss op"Expires:
c1\�) . ' Y =.i
.r,':
Notary Public
95023075
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Exhibit A
Legal Descrlpition cf an easer.ent executed by the city of
Fayetteville. Arkansas and oranted to Southwestern Bell Telennone
Company. Dated And day of 30:2-R9_ . 1995.
Southwestern. Telephone Company Easement
A tract of land in the NW 1/4 and tne NW 1/4 of the NE 1/4 of Sectlor.
33. Township 17 North. ?anae 30 West in Washlnaton County, Arkansas.
lying Northwest of. adlacent to. and contlouous with the Ncrthwesteriy
line of a 30' utility easement as described in Book 94 at page 13937;
said tract betna 5-0 feet in wldtn and lvina 2.5 feet each side of the
following described centerline: commencing at the Northwest corner of
said section 33. thence Soutn 87 19'24" East alor.a the North line
t hereof 1631.74 feet: thence Soutn C2 25'44" West 1476.61 feet to the
point of beainnlna of said centerline; thence parallel with and 2.5
feet from the Northwesterly line of said 30 foot utility easement the
fcllowina course. Nortn 70 54'14" East. 116.35 feet: thence North 38
00'26" East 279.09 feet: tnence North 66 02'36" East ::01.60 feet;
t hence North 02 27'12" East.714.32 feet to a point on the North line
o f secticr. 33. the end of said centerline. Containing .025 acre. more
cr less.
General Utility Easement
A tract of land in the East 1/2 of the West 1/2 of section 33.
Tcwnship 17 Nortn. kanae 30 West In Washington County. Arkansas. belna
more fully described as follows; Commencing at the Northwest corner of
said Section 33; thence South 87 19'24" East along the North line
t hereof. 1601.74 feet; thence South 02 25'44" West. 1511.55 feet to a
point on the South line of a 30 foot utility easement as filled in
BOOK 94 at pace 129!7. the point of neglnnlna; thence South 02 25'44"
West. 2749.49 feet. thence South 04 11" West 330.54 feet. to a point
o n tne North right-of-way of Moore Lane as snown on a plat recorded in
Book 1376 at page 503; thence South 87 21'18" East along said
✓ icht-of-way. 8.0 feet: tnence North 04 71'00" East along said
✓ ight-ot-way. 330.26 feet: thence North C2 25'44" East. 2757.73 feet
to a ooir.t cr. the Soutn line of aforesaid 30 foct utility easement:
t nence South 70 54'14" West alone said South line. 21.5 feet to the
point cf beainnlna. Contalntna 1.37 acres. more or less.
95023076
RESOLUTION NO. 63.96 s - . .J 3• , a )
e ren ad" C: - •.1:
BE IT RESOLVED BY THE n II• , 1 eai•'1-•1 ' 3 1
CITY COUNCIL OF THE, n •eat •
CITY OF FA Y ETTEVILL E. ;h ,11 d ••
ARKANSAS 1 r• c , • i
wosln1' P.el• • ••I a
2'•.
phGee C r)t•d• . i.err ur 1. Pi1
r : la. , i•It•:
F •.e • I'c r dustial Peri •_ .•. . . • 1
I ••.11 1••4 1 ••"1
PASSED AND APPROVED -14. 1 •• M. -• • • •
•Y K 2- 1 131 t • Vas
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3. t• 1 .. ••
"1 ATP 01• A.R KANSAS J
ss.
(': unty of Washington ' rs
Lid2. c-)DLGC.. 1 _ herebycer-
tfy that : am the publisher of 'f NOR IIIWRST ARKANSAS TIMES, a daily
newspaper having a second class mailing privilege, and being not less than four pages of
five columns each, published at a fixed F1ace of business and at a fixed (daily; intervals
cont.nuously in the City of Payettevrlle, County of Washmglcn, Arkansas for more than
aper dof twelve north. cut dated and d:s:rhuted from an established place of business
to subscribers and reader, generally of all classes in :he City and County for a definite pr te
for each .:my • or a fixed price per annum, which pnce was fixed at what is considered the
value of the publication, based upon the news value and service value it contains, that at
least tc:y percent of the subscribers thereto have paid cash for their subscriptions to the
newspaper, r its agents o: Ihrougn recognized news dealers over a period of at least six
months: and that the said newspaperpubiisbes an average of more than forty percent news
matter
I further certify that the legal notice hereto attached in the matter of
f\b . 03-615
was published •n the regular daily issue of said newspaper for
i cnaseeJtv'e insertions as foiows:
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The frst insertion on JieS 0013-& j (..)—
the ,err rd niseiton on the
the Card inscrlion on the
and the fourth insertion of the
KCr<.r:aWL...
MAY 2 2 1995
FINANCE DEPT.
Cworn .0 and subs( nbed before me on this
d'av of i9
day of 19
- __day of 1')
Clay of 19
Publisher ;General Manager
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