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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 _ : f AVF if EV1;_t ; • _��; —�y%•v �AGrKNOWLEDGMENT Jy ss. 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 gRA/VS e.** i i • in % PUBL%G .•Q: �%yes z_o�-;.•��-,� .,,�41h11110% o i jt N,;