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E3 ORDINANCE NO. An Ordinance granting a perpetual easement .for subterranean (foundation and/or retaining wall footings to Safeway Stores, Inc. under the West side of Boswell Street in Batesville, Arkansas. WHEREAS, Safeway Stores, Incorporated is preparing to con- struct a Safeway Store on the property adjacent to Boswell Street in the City of Batesville, Arkansas, a portion of said structure to be upon Lots 1, 2, 3 and 4 of Block 3 of Highland Addition to fthe City of Batesville, Arkansas; and WHEREAS, a portion of the construction of a building on said ;lots requires the construction of a subterranean foundation and/or retaining wall footings which shall extend two (2) feet into the City right of way, a distance of 171 feet along the West boundary lines of Lots 1, 2, 3 and 4 in Block 3 of Highland Addition to the City of Batesville, Arkansas; and WHEREAS, the proposed subterranean construction will not inte�- fere with the use by the public and the City of Batesville, Arkansa of said Boswell Street and it would be in the best interest of the City of Batesville and the public _generally if the City would grant� a perpetual exclusive easement for the construction of the afore- j mentioned subterranean foundation, said easement to be more `!particularly described as follows: '•P } A part of Highland Addition to the City of Batesville, Arkansas, in the N 1/3 of the NW 1/4 of the NE 1/4 of Section 16, Township 13 North, Range 6 West, in Independence County, Arkansas, containing parts or j' all of Lots 2, 3 and 4, Block 1; Lots 1 and 2, Block 2, Lots 1, 2, 3 and 4 , Block 3; Lots 1, 2, 3, 8, 9 and 10, Block 4 and parts of First or Church Street and parts of Center Street, more particularly des- cribed as follows: From the Northwest corner of the said North 1/3 of the NW 1/4 of the NE 1/4 (said point also being the Northwest corner of the Town of Highland now known as Highland Addition to the City of Batesville, Arkansas) run South 04 degrees 53 minutes 10 seconds East and along the East right-of-way line of St. Louis Street (U.S. Highway No. 167) and the West side of Highland Addition a distance of 241.50 feet to a concrete monument with brass disc marking the intersection of the highway right-of-way line and the southerly right-of-way line of College Avenue (right- of-way not dedicated); run thence North 49 degrees 06 minutes 50 seconds East and along the said Southerly right-of-way line 210.00 feet; thence continue along