HomeMy WebLinkAbout28-96 RESOLUTION• •
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RESOLUTION NO. 28-96
A RESOLUTION GRANTING A UTILITY EASEMENT TO
SOUTHWESTERN BELL TELEPHONE COMPANY ACROSS
CITY PROPERTY LOCATED AT THE NORTHEAST CORNER
OF PORTER ROAD AND HATFIELD STREET, A/KJA SEWER
PUMP STATION NO. 9.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. The City Council hereby grants a 10' by 10' utility easement to
Southwestern Bell Telephone Company across city property located at the northeast corner of
Porter Road and Hatfield Street, a/k/a Sewer Pump Station No. 9, upon payment of $100.00.
A copy of the utility easement is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 5th day of March , 1996.
ATTEST:
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By: V/!O.!'.c. .tX /
Traci Paul, City Clerk
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Fred Hanna, Mayor
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EXHIBIT "A'
EASEMENT FOR EQUIPMENT STATION
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 One Hundred and
No/100 Dollars f$100.00J and 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, its and their respective successors and assigns, a permanent right and easement to construct, operate,
maintain, reconstruct, enlarge, fence, and remove a communications equipment station upon the following
described land, situated in Washington County, State of Arkansas, and described as follows:
Property Description:
A part of the Southwest Quarter (SW/) of the Northwest Quarter (NWY) of Section 8, Township
16 North, Range 30 West, also known as part of Lots Numbered One (1) and Two (2) in Block
Numbered Two (2) of J. R. Hatfield Subdivision to the City of Fayetteville, Arkansas, as per plat of
said subdivision on file in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington
County, Arkansas, more particularly described as follows, to -wit: Beginning at the Southwest
corner of said Lot Numbered One (1), and running, thence North 100 feet, more or less, to the
branch; thence in a Southeasterly direction along the branch 190 feet, more or less, to the East line
of said Lot Numbered Two (2); thence South 50 feet, more or less, to the Southeastern corner of
said Lot Numbered Two (2), thence West 182 feet to the Point of Beginning.
Easement Description:
A part of the Southwest Quarter (SWY) of the Northwest Quarter (NWYQ) of Section 8, Township
16 North, Range 30 West, also known as a part of Lot No. 1 in Block No. 1, J. R. Hatfield
Subdivision to the City of Fayetteville, Arkansas, as per plat of said subdivision on file in the office
of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, more particularly
described as follows, to -wit: Commencing at the Southwest corner of said Lot No. 1 and running
East a distance of 69.5 feet, more or less, to the East side of a chain-link fence for the Point of
Beginning; thence North ten (10) feet along the East side of said fence; thence East ten (10) feet;
thence South ten (10) feet; thence West ten (10) feet to the Point of Beginning, and containing 100
square feet, more or less.
TO HAVE AND TO HOLD the same, together with all rights and appurtenances to the same belonging,
unto Grantee, its successors and assigns forever, including (1) the right to connect said station with the Grantee's
communications systems by means of aerial and underground cables, wires and antennas, (2) the right to enclose
said land with a fence, (3) the right of ingress and egress to and from said station, (4) the right to construct,
operate and maintain, or license other to do, service lines for electric power and telephone and (5) to clear and
keep cleared all trees, overhanging branches, roots, brush and other obstructions from said land.
Grantee agrees to relocate said station on land provided by Grantor, at Grantor's request, provided the
reason of said request is (1) the expansion of Grantor's lift station, located adjacent to this easement and which
may require such movement, or (2) the expansion or improvement of Hatfield Street which may require additional
land off of the South side of this easement.
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 to its successors and assigns forever against
the lawful claims of all persons whomsoever; and further that the Grantee, its successors and assigns, may quietly
enjoy the premises for the uses herein stated. Grantors warrant that they have no knowledge of environmental
hazards affecting the land, except those disclosed to Grantee. Grantors agree to hold Grantee harmless for liability
arising from undisclosed environmental hazards.
Signed and executed this /S �i day of
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ATTEST:
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CITY OF FAYETTEVILLE, ARKANSAS,
a municipal corporation
Traci Paul, City Clerk
BY:
1996.
(Seal)
EASEMENT FOR EQUIPMENT/DATION
SOUTHWESTERN BELL TELEPHONE COMPANY'
Page 2 of 2
ACKNOWLEDGMENT
STATE OF ARKANSAS
SS.
COUNTY OF WASHINGTON
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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, 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 municipal 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.
WITNESS my hand and seal on this /Sf`i day of M c1Y 1996.
MY COMMISSION EXPIRES:
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Notary Public