HomeMy WebLinkAbout196-19 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 196-19
File Number: 2019-0487
VERIZON WIRELESS:
A RESOLUTION TO APPROVE THE CONVEYANCE OF A UTILITY EASEMENT TO CELLCO
PARTNERSHIP D/B/A VERIZON WIRELESS FOR THE SUM OF $39,020.00 FOR THE
INSTALLATION OF FIBER INFRASTRUCTURE ALONG THE MARKHAM WATER TANK ACCESS
ROAD
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to execute the Easement Agreement attached to this Resolution in favor of Cellco Partnership d/b/a Verizon
Wireless for the purpose of granting access across a portion of the access road for the Markham water
tank to install fiber infrastructure.
PASSED and APPROVED on 9/3/2019
Page 1
Attest:
L'W"
"%11111111111111F
Sondra E. Smith, City Clerk Treas�t R T•Y TR�,,��'
FAYETTEVILLE.-
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
A
(479) 575-8323
Text File
File Number: 2019-0487
Agenda Date: 9/3/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C 3
VERIZON WIRELESS:
A RESOLUTION TO APPROVE THE CONVEYANCE OF A UTILITY EASEMENT TO CELLCO
PARTNERSHIP D/B/A VERIZON WIRELESS FOR THE SUM OF $39,020.00 FOR THE
INSTALLATION OF FIBER INFRASTRUCTURE ALONG THE MARKHAM WATER TANK
ACCESS ROAD
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to
execute the Easement Agreement attached to this Resolution in favor of Cellco Partnership d/b/a Verizon
Wireless for the purpose of granting access across a portion of the access road for the Markham water tank to
install fiber infrastructure.
City of Fayetteville, Arkansas Paye 1 Printed on 9/412019
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2019-0487
Legistar File ID
9/3/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/13/2019 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends the approval of the conveyance of a utility easement to Cellco Partnership d/b/a Verizon
Wireless for the sum of $39,020.00 to allow for the installation of fiber infrastructure along the Markham water
tank access road.
Budget Impact:
N/A N/A
Account Number Fund
N/A N/A
Project Number
Budgeted Item? NA
Does item have a cost? NA
Budget Adjustment Attached? NA
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
1$ -
l$
V20180321
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 3, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: August 13, 2019
CITY COUNCIL MEMO
SUBJECT: Verizon Wireless — Fiber Easement Near Markham Water Tank
RECOMMENDATION:
Staff recommends the conveyance of a utility easement to Cellco Partnership d/b/a Verizon
Wireless for the sum of $39,020.00 to allow for the installation of fiber optic infrastructure along
the Markham water tank access road.
BACKGROUND:
Verizon operates a cell tower on a parcel of land south of the Markham water tank (Parcel 765-
14548-001 owned by Sassafras Hill Communications). They also own an access easement from
that property up to the water tank's access road. Verizon has requested for the City to convey
an easement along the south side of the access road to the water tank, so they may install
conduit and fiber optic lines.
DISCUSSION:
Upon City Council approval, the conduit containing the fiber optic lines will run from the right of
way (Sang Avenue) along the south side of the water tank's access road in a 15 -foot -wide by
266.8 -foot -long easement (see attached Exhibit). The conduit will not affect the water lines or
other utilities in the area. Verizon will pay the City of Fayetteville the sum of $39,020.00 for the
conveyance of the fiber easement.
BUDGET/STAFF IMPACT:
Revenue from the easement will offset the cost of the land.
Attachments:
Easement Agreement
Exhibit
Memorandum of Easement Agreement
Fiber Optics Easement
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
P-)_,UUB,...D0NEtS0N RECEIVED
AU5 12 2019
BAKER DONELSON CENTER • SUITE 800 - 211 COMMERCE STREET NASHVILLE, T �A h E �4� FICE
615.726.5600 • bakerdonelson.com 17 ! {
Direct Dial: 615.726.7305
Direct Fax: 615.744.7305
E -Mail Address: bwolfgang®bakerdonelson.com
August 9, 2019
VIA FEDERAL EXPRESS
City of Fayetteville
Attn: Blake Pennington
113 W. Mountain St.
Fayetteville, AR 72701
Re: Easement Agreement with Cellco Partnership d/b/a Verizon Wireless for property
located on N. Sang Avenue, Fayetteville, Washington County, Arkansas
Applicant Site Name and Number: Sang AR/228753
Our Reference No. 3000002-201258
Dear Mr. Pennington:
Enclosed please find two (2) originals of the partially -executed Easement Agreement and
two (2) originals of the partially -executed Memorandum of Easement Agreement. Please have
these documents executed and notarized as indicated, and return one (1) original of each to me in
the enclosed self-addressed envelope. Once the Memorandum has been recorded, I will forward
a recorded copy to you for your file.
Please call should you have any questions.
Sincerely,
BAKER, DONELSON, BEARMAN,
a
BERKOWITZ PC
W�/
Brenda Wolfgang, Legal is tit
cc: Kristen Corra, Esq.
4846-9572-7263v1
3000002-201258 08/09/2019
ALABAMA • FLORIDA • GEORGIA • LOUISIANA • MARYLAND • MISSISSIPPI • SOUTH CAROLINA • TENNESSEE
TEXAS • VIRGINIA • WASHINGTON, D.C.
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ( "Agreement") is made and entered into
as of the y3 day of SEP PMPAY' , 20 I C , by and between City of
Fayetteville, Arkansas, a municipal corporation, having a mailing address of
113 W. Mountain Street, Fayetteville, Arkansas 72701 ("Grantor") and Cellco
Partnership d/b/a Verizon Wireless, with its principal office located at One
Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone
number 866-862-4404) ("Grantee"). The Grantor and Grantee are at times
collectively referred to hereinafter as the "Parties" or individually as the "Party".
WHEREAS, Grantor is owner of certain real property located on N. Sang
Avenue, Fayetteville, Washington County, Arkansas, being more particularly
described in Exhibit A, attached hereto (the "Grantor Property"); and
WHEREAS, pursuant to a Lease Agreement between Sassafras Hill
Communications, Inc. (the "Lessor") and Grantee, or its predecessors in interest,
dated March 25, 1988, Grantee leases from Lessor certain property (the "Leased
Premises"), adjoining the Grantor Property, for the purpose of constructing,
maintaining, and operating a telecommunications facility (the "Facility"); and
WHEREAS, Grantor wishes to grant to Grantee a permanent and non-
exclusive easement, extending under, over, through, and across the Grantor
Property, for the purposes of accessing the Leased Premises and for installation and
maintenance of utility wires, fiber, poles, cables, conduits, and pipes to serve the
Facility ("Grantee's Improvements").
NOW THEREFORE, for and in consideration of the premises, and other
good and valuable consideration, the receipt and sufficiency of which the Parties
hereby acknowledge, Grantor agrees to grant a permanent and non-exclusive
easement to Grantee upon the following terms and conditions:
1. Easement. Grantor hereby grants to, and for the benefit of, Grantee,
its successors and assigns, a perpetual non-exclusive appurtenant easement over,
under, across, and through the Grantor Property, as more particularly described
and depicted in Exhibit B attached hereto and incorporated herein, for ingress and
egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle,
including trucks, to and from the Leased Premises to construct, maintain, and
operate the Facility, and for the installation and maintenance of Grantee's
Improvements (the "Easement"). Grantor covenants and agrees that it will not
build or install, and will not permit the building or installation of, any
Site Name: Sang AR
Site Number: 228753
4810-8545-1913v7
improvements of any kind in or on the Easement during the term of this
Agreement. Grantor covenants not to do or permit any act or acts that
unreasonably prevent or hinder Grantee's, its successors', agents', or assigns' use of
the Easement for the aforementioned purposes.
2. Commencement. The grant of the Easement shall be effective upon
the full execution of this Agreement (the "Commencement Date").
3. Term. This Agreement shall exist for only so long as Grantee, its
successors or assigns, operate the Facility. This Agreement shall terminate
automatically upon the removal of Grantee's Improvements from Grantor's
Property.
4. Consideration. As full and complete consideration for the Easement,
Grantee agrees to pay Grantor a one-time, non-recurring, fee of Thirty -Nine
Thousand Twenty Dollars ($39,020.00), payable within ninety (90) days after the
Commencement Date.
5. Assignment and Subletting. Grantee may assign, sublet, or otherwise
transfer all or any part of its interest in this Agreement without notice to, or
consent of, Grantor.
6. Relocation of Easement. Grantor may request, upon at least 90 days
written notice to Grantee, the relocation of any of Grantee's Improvements to
another location on the Grantor Property (the "Relocation"), provided:
a. The Relocation is similar to Grantee's existing location in size, and
is fully compatible for Grantee's use, in Grantee's reasonable
determination;
b. Grantor agrees to pay the actual costs incurred by Grantee in
relocating any of Grantee's Improvements and improving the
Relocation so that it is fully compatible for the Grantee's use, in
Grantee's reasonable determination;
c. Grantee's use at the Leased Premises is not interrupted or
diminished during the Relocation; and
d. The Parties execute a replacement easement in a location agreed
upon by both Parties.
Site Name: Sang AR
Site Number: 228753
4810-8545-19130
7. Termination. At Grantee's option, Grantee may terminate this
Agreement upon thirty (30) days written notice to Grantor for any reason, or no
reason.
8. Title. Grantor represents and warrants to Grantee that Grantor has
good and marketable title to the Grantor's Property, and may legally grant the
Easement to Grantee.
9. Maintenance. Grantee shall maintain the Easement in a condition
suitable for its use for the installation and maintenance of Grantee's Improvements,
but not otherwise. During the term of this Agreement, Grantor will not give, grant,
or convey any interest in, or license or permission to use, the Easement not already
existing on the date of this Agreement, as such interests or uses may materially
adversely affect or interfere with Grantee's use of the Easement. After completion
of the installation of Grantee's Improvements, Grantee, at its expense, will restore
the surface of the Easement to a condition reasonably similar to its condition prior
to the installation of Grantee's Improvements. If the Easement is damaged or
obstructed for any reason so as to render all or any part of the Easement
substantially unusable for Grantee's intended use, then in addition to any other
remedies that Grantee may have, at law or in equity, Grantee may terminate this
Agreement, at Grantee's option, without further obligation from Grantee to
Grantor.
10. Character of Easement. The covenants and provisions contained in
this Agreement are made as an appurtenance for the benefit of the Leased
Premises, create an equitable servitude upon the Grantor Property, and are
covenants running with the land.
11. Miscellaneous.
a. Entire Agreement. This Agreement constitutes the entire
agreement and understanding between Grantor and Grantee. Any
amendments to this Agreement must be in writing and executed by Grantor
and Grantee.
b. Severability. If any provision of this Agreement is invalid or
unenforceable with respect to any Party, the remainder of this Agreement, or
the application of such provision to persons other than those as to whom it is
held invalid or unenforceable, shall not be affected, and each provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by
law.
Site Name: Sang AR
Site Number: 228753
4810-8545-19130
C. Due Authorization. Each Party hereby represents and warrants
to the other that the person executing this Agreement on behalf of the
warranting Party has the full right, power and authority to enter into, and
execute, this Agreement on that Party's behalf, and that no consent from any
other person or entity is necessary as a condition precedent to the legal effect
of this Agreement.
d. Binding Agreement. This Agreement shall be binding on and
inure to the benefit of the successors and permitted assignees of the Parties.
e. Governing Law. This Agreement shall be governed by the laws
of the State of Arkansas.
[Balance of page intentionally left blank]
Site Name: Sang AR
Site Number: 228753
4810-8545-19130
IN WITNESS WHEREOF, the Parties have executed this Agreement as of
the day and year first written above.
GRANTOR:
City of Fayetteville, Arkansas
ATTEST:
Printed Name: L iln 06 Id JU rclav— _
Title: Nlc�
Name: St, /)41I�iW
Title- � 1'U& ,41Le/1 Date: `/
T RF'9
=O: FAYEi1EVILLL:
,eco Partnership d/b/a Verizon Wireless
I 'o`o``��
A
By:
on Leiker
Director - Network Field Engineering
Date: 5'- F - /J
Site Name: Sang AR
Site Number: 228753
4810-8545-1913v7
EXHIBIT A
Grantor's Property
Property located in Washington County, AR
The following described land, situate in Washington County, State of Arkansas, to -
wit:
Beginning at a point which is 594.0 feet North of the SE corner of the SW 1/4 of the
NW 1/4 of Sec. 17, T 16 N, R 30 W in Washington County, Arkansas; said point
being on the East line of said SW 1/4 of the NW 1/4; thence West and parallel to the
South line of said SW 1/4 of the NW 1/4 of said Sec. 17, 266.8 feet more or less;
thence South parallel to the East line of said SW 1/4 of the NW 1/4 105 feet; thence
West and parallel to the South line of said SW 1/4 of the NW 1/4 270 feet; thence
North and parallel to the East line of the SW 1/4 of the NW 1/4 270 feet; thence
East and parallel to the South line of the SW 1/4 of the NW 1/4 270 feet; thence
South and parallel to the East line of said SW 1/4 of the NW 1/4 115 feet; thence
East and parallel to the South line of the SW 1/4 of the NW 1/4 266. 8 feet, more or
less to a point on the East line of said SW 1/4 of the NW 1/4 of Section 17; thence
South along the East line of said SW 1/4 of the NW 1/4 50 feet to the point of
beginning, and containing 1.98 acres, more or less.
AND BEING the same property conveyed to City of Fayetteville, Arkansas, a
municipal corporation from Evangeline Pratt Archer (being one and the same
person as Evangeline Pratt), one of the devises under the Last Will and Testament
of C. L. Pratt, deceased by Warranty Deed dated May 05, 1959 and recorded May
05, 1959 in Deed Book 520, Page 199.
Tax Parcel No. 765-14547-000 and 765-14547-001
Site Name: Sang AR
Site Number: 228753
4810-8545-1913v7
EXHIBIT B
Proposed 15' Wide Grantee Easement
See Description Below and Attached Site Sketch
A 15 -ft. wide permanent easement described as follows: Beginning at a point that is
594 ft. North of the SE corner of the SWI/ of the NWI/ of Section 17, Township 16
North, Range 30 West, said point being on the East line of said 40 -acre tract, and
running thence West 266.80 feet; thence North 15.00 feet; thence East 266.80 feet;
thence South 15.00 feet to the Point of Beginning.
AND BEING a portion of the same property conveyed to the City of Fayetteville,
Arkansas, a municipal corporation from Evangeline Pratt Archer (being one and the
same person as Evangeline Pratt), one of the devises under the Last Will and
Testament of C. L. Pratt, deceased, by Warranty Deed dated May 5, 1959 and
recorded May 5, 1959 in Deed Book 520, Page 199.
Site Name: Sang AR
Site Number: 228753
4810-8545.19130
765-14548-000
i
Scale:
RMD Properties LLC
Inst. No. 2016-8307
765-14548-004
RMD Properties LLC
Inst. No. 2016-36444
765-14547-000
City of Fayetteville
Bk. 520, Pg. 199
t EAST 266.80'
NORTH
WEST 266.80'
SOUTH
15.00'
15.00'
P.O.B. D
5.
z
z
<
Existing Access Easement
765-14548-001
Per Bk. 1263, Pg. 284
Sassafras Hill
Inc.
(Communications,
Bk. 1263, Pg. 284
765-14548-000
RMD Properties LLC
Inst. No. 2016-8307
m
r
t
0
z
P.O.C.
SE Corner
SW 1/4 , NW 1/4
Section 17
T -16-N, R -30-W
PROP. 15' WIDE
GRANTEE EASEMENT
— 4,002 Sq. Ft.
EXHIBIT
JUN. 2019
EASEMENT FOR
CELLCO PARTNERSHIP
d/b/a
VERIZON WIRELESS
This Instrument Was Prepared By
and When Recorded Mail to:
Kristen Corra, Esq.
Baker, Donelson, Bearman,
Caldwell & Berkowitz, PC
211 Commerce, Suite 800
Nashville, TN 37201
MEMORANDUM OF EASEMENT AGREEMENT
3 This Memorand m o Easement Agreement (this "Memorandum"), is made this
day of `SO -09 em &- 20A, by and between the City of Fayetteville,
Arkansas, a municipal corporation, having a mailing address of iia W. Mountain Street,
Fayetteville, Arkansas 72701 ("Grantor"), and Cellco Partnership d/b/a Verizon
Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AWioo, Basking
Ridge, New Jersey 07920 ("Grantee").
RECITALS:
WHEREAS, Grantor is the owner of certain real property located on N. Sang Avenue,
Fayetteville, Washington County, Arkansas, which is further described in Deed Book 520, Page
199, as recorded in the Office of the Circuit Clerk of Washington County, Arkansas, and in
Exhibit A, attached hereto and incorporated herein by reference (the "Grantor Property");
and
WHEREAS, pursuant to a Lease Agreement between Sassafras Hill Communications,
Inc. (the "Lessor") and Grantee, or its predecessors in interest, dated March 25, 1988, Grantee
leases from Lessor certain property (the "Leased Premises"), adjoining the Grantor Property,
for the purpose of constructing, maintaining and operating a telecommunications facility (the
"Facility"); and
WHEREAS, Grantor has granted to Grantee a permanent and non-exclusive easement,
extending under, over, through an across the Grantor Property pursuant to that certain
Easement Agreement dated I- )� (the "Agreement"), for the purposes
of accessing the Leased Premises, and for installation and maintenance of utility wires, fiber,
poles, cables, conduits, and pipes to serve the Facility ("Grantee's Improvements"); and
Lessee Site Name: Sang AR
Lessee Site No.: 228753
WHEREAS, Grantor and Grantee desire to file this Memorandum of record in the
Office of the Circuit Clerk of Washington County, Arkansas, in order to provide record notice to
third parties of Grantee's rights and interest in and to a portion of Grantor's Property.
NOW THEREFORE, for and in consideration of the premises, and other good and
valuable consideration, the receipt and sufficiency of which Grantor and Grantee hereby
acknowledge, Grantor agrees to grant a permanent and non-exclusive easement to Grantee upon
the following terms and conditions:
1. Grantor grants to Grantee, its successors and assigns, a perpetual appurtenant
easement over, under, through, and across the Grantor Property, as described in Exhibit B,
attached hereto and incorporated herein, for ingress and egress, seven (7) days a week twenty-
four (24) hours a day, on foot or motor vehicle, including trucks to and from the Leased
Premises to construct, maintain, and operate the Facility, and for the installation and
maintenance of Grantee's Improvements (the "Easement"). The grant of the Easement shall
be effective as set out in the Agreement (the "Commencement Date").
2. The covenants and provisions contained in the Agreement are made as an
appurtenance for the benefit of the Leased Premises, and will create an equitable servitude upon
the Grantor Property, and are covenants running with the land.
3. This Memorandum contains only selected provisions of the Agreement and
reference is made to the full text of the Agreement for the full terms and conditions. This
Memorandum shall not, in any way, amend or supersede the terms and conditions of the
Agreement.
[Balance of page intentionally left blank]
[Signature page follows]
Lessee Site Name: Sang AR
Lessee Site No.: 228753
IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum
effective as of the day and year first above written.
GRANTOR:
City of Fayetteville, Arkansas
ATTEST: %( 'K �~
IP nted Name: r � c' � c/ �J U
�L,2,2j/r �. �s��Y1it Title:
Name:
Title:
GOERK/
TY 0
�T���'i
f .NTEE:
S .•��Ilco Partnership d/b/a Verizon Wireless
�' •...
Jason Lei
Director - Network Field Engineering
[Notary Acknowledgements on following page]
Lessee Site Name: Sang AR
Lessee Site No.: 228753
STATE OF )
COUNTY AFVhj��—
i
)
Q&,B r me, the undersigned officer, personally appeared
l V . with whom I am personally acquainted (or whose identity was
proven to m on the basis of satisfactory evidence), who acknowledged himself/herself to be
the ✓ _ of City of Fayetteville, and affirmed that, being duly
authorized, he/Die executed the foregoing instrument on behalf of City of Fayetteville for
the purposes therein contained.
Witness my hand and seal thiskAay of �_, 20I %�y
.
Li
NOTARY PUBLIC
My Commission Expires: a- /-0? (4
STATE OF
COUNTY OF ULILYY k S
goN #1ii
Si
0TARY
• N • cn=
mac-• •Q.
CP PuBOG
Before me, the undersigned Notary Public, personally appeared Jason Leiker, with
whom I am personally acquainted (or whose identity was proven to me on the basis of
satisfactory evidence), who acknowledged himself to be the Director - Network Field
Engineering of Cellco Partnership d/b/a Verizon Wireless, and affirmed that, being duly
authorized, he executed the foregoing instrument on behalf of Cellco Partnership d/b/a
Verizon Wireless for the purposes therein contained.
Witness my hand and seal, this day of
W
My Commission Expires <%��
Lessee Site Name: Sang AR
Lessee Site No.: 228753
C
LISA L, WOOD
li r Notary ID p130424888
-, My Commission Expires
rr October 29, 2019
Exhibit A
Grantor's Property
Property located in Washington, AR
The following described land, situate in Washington County, State of Arkansas, to -wit:
Beginning at a point which is 594.0 feet North of the SE corner of the SW 1/4 of the NW 1/4 of
Sec. 17, T 16 N, R 30 W in Washington County, Arkansas; said point being on the East line of
said SW 1/4 of the NW 1/4; thence West and parallel to the South line of said SW 1/4 of the NW
1/4 of said Sec. 17, 266.8 feet more or less; thence South parallel to the East line of said SW 1/4
of the NW 1/4 105 feet; thence West and parallel to the South line of said SW 1/4 of the NW 1/4
270 feet; thence North and parallel to the East line of the SW 1/4 of the NW 1/4 270 feet; thence
East and parallel to the South line of the SW 1/4 of the NW 1/4 270 feet; thence South and
parallel to the East line of said SW '1/4 of the NW 1/4 115 feet; thence East and parallel to the
South line of the SW 1/4 of the NW 1/4 266. 8 feet, more or less to a point on the East line of
said SW 1/4 of the NW 1/4 of Section 17; thence South along the East line of said SW 1/4 of the
NW 1/4 50 feet to the point of beginning, and containing 1.98 acres, more or less.
AND BEING the same property conveyed to City of Fayetteville, Arkansas, a municipal
corporation from Evangeline Pratt Archer (being one and the same person as Evangeline Pratt),
one of the devises under the Last Will and Testament of C. L. Pratt, deceased by Warranty Deed
dated May 05, 1959 and recorded May 05, 1959 in Deed Book 520, Page 199.
Tax Parcel No. 765-14547-000 and 765-14547-001
Lessee Site Name: Sang AR
Lessee Site No.: 228753
Exhibit B
Proposed 15' Wide Grantee Easement
A 15 -foot permanent easement described as follows: beginning at a point which is 594 feet North
of the SE corner of the SW'/4 of the NW'/4 of Section 17, Township 16 North, Range 30 West,
said point being on the East line of said 40 -acre tract and running thence West 266.80 feet;
thence North 15.00 feet; thence East 266.80 feet; thence South 15.00 feet to the Point of
Beginning.
AND BEING a portion of the same property conveyed to City of Fayetteville, Arkansas, a
municipal corporation from Evangeline Pratt Archer (being one and the same person as
Evangeline Pratt), one of the devises under the Last Will and "Testament of C. L. Pratt, deceased
by Warranty Deed dated May 05, 1959 and recorded May 05, 1959 in Deed Book 520, Page 199.
Lessee Site Name: Sang AR
Lessee Site No.: 228753
Parcel No. 765-14547-000
FIBER OPTICS EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT the City of Fayetteville, Arkansas, a municipal corporation,
hereinafter called GRANTOR, for and in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby GRANT, SELL and CONVEY unto Verizon Wireless
Tennessee Partnership d/b/a Verizon Wireless by Cellco Partnership, its
General Partner, hereinafter called GRANTEE, and unto Grantee's successors
and assigns, a permanent easement for the purpose of construction, maintenance,
repair and/or replacement, enlargement and operations telephone, fiber optic
cable(s) and equipment, and appurtenances thereto, on over, across, and under
the following described land situated in the County of Washington, State of
Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Ref. 520-199)
Beginning at a point which is 594.0 feet North of the SE corner of the SW'/4 of the NW'/4 of Sec. 17, T16N,
R30W in Washington County, Arkansas; said point being on the East line of said SW'/4 of the NW'/4; thence
West and parallel to the South line of said SWY4 of the NW%4 of said Sec. 17, 266.8 feet more or less;
thence South parallel to the East line of SW% of the NW% 105 feet; thence West and parallel to the South
line of said SW% of the NW% 270 feet; thence North and parallel to the East line of the SW'/4 of the NW%
270 feet; thence East and parallel to the South line of the SW'/4 of the NW%4 270 feet; thence South and
parallel to the East line of said SWY4 of the NW%4 115 feet; thence East and parallel to the South line of the
SW'/4 of the NW% 266.8 feet, more or less to a point on the East line of said SW'/4 of the NW'/4 of Section
17; thence South along the East line of said SW/4 of the NW% 50 feet to the point of beginning, and
containing 1.98 acres, more or less.
PERMANENT EASEMENT DESCRIPTION:
A 15 -foot permanent easement described as follows: beginning at a point which is 594 feet North of the SE
corner of the SW'/4 of the NW% of Section 17, Township 16 North, Range 30 West, said point being on the
East line of said 40 -acre tract and running thence West 266.80 feet; thence North 15.00 feet; thence East
266.80 feet; thence South 15.00 feet to the Point of Beginning
Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment
of the rights herein granted.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, until the use of said permanent easement
is relinquished, abandoned or vacated and so long as such pipe line or lines, electrical power, telephone and/or television
lines or cables, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from
the real estate first herein above described for the uses and purposes herein above set forth.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the
said Grantee, which hereby agrees to bury all pipes, lines and/or cables where feasible, to a sufficient depth so as not to
interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom
lands where they shall be at a height above water.
The Grantor agrees not to erect any buildings or structures in said permanent easement.
The Grantee shall have the right to construct additional pipe lines, electric power lines, telephone and/or television
lines or cables upon the above described easement at any time in the future and agrees to pay any damages because of
such future construction as set out in this easement.
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.
It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
Page 2 -Verizon Easement
WITNESS the execution hereof on this the 3 r-ddayof 2019.
CITY O� FAYETTEVILLE, ARKANSAS
Municipal Corporation
ATTEST: Zion4d Jordan,
Sondra Smith, City Clerk RK: I///....
RF- [SEAL]
STATE OF ARKANSAS
CK61IRWA16711
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—�y%•v �AGrKNOWLEDGMENT
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BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally appeared Lioneld Jordan and Sondra Smith, to me well known as
the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and
City Clerk, respectively, 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 City of
Fayetteville, Arkansas, 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 day of , 2019.
MY COMMISSION EXPIRES:
n , � , , , Notary Public
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