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HomeMy WebLinkAbout1987-08-04-R kw RESOLUTION NO. L4 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL NECESSARY DOCUMENTS TO ACCOMPLISH THE GRANTING OF A UTILITY EASEMENT' BE IT RESOLVED THAT the Batesville City Council hereby authorizes the Mayor and City Clerk to execute all necessary documents to accomplish the granting Of a utility easement to property owned by Ron Goff. The easement is shown OO the attached plat and is made O part of this resolution. PASSED AND ADOPTED this JMday Of , 1987. APPROVED; 9,4; lZi ATTEST: � Larry Willgams, City Clerk P . O . Box 3873 Batesville , AR 72503 August 7 , 1987 The Honorable Jim Sherrill City Hall 170 South Fourth Street Batesville , AR 72501 Mayor Sherrill : After speaking with the utility companies I have been informed that I must obtain a formal easement from the City of Batesville for the purpose of obtaining service on a lot east of 20th Street . I hereby request that the City of Batesville allow utilities to cross city property for the sake of connect- ing service to the stated property . Attached is a legal description of the easement location . I would greatly appreciate this easement and City cooperation . Respectfully , Ron Goff RG/nt Attachment AP&L Form 731-153 (Rev. 9/83) ARKANSAS POWER & LIGHT COMPANY RIGHT OF WAY PERMIT KNOW ALL MEN BY THESE PRESENTS: That I (we) j- of Batesville _ and his wife, hereinafter called Grantor, for and in consideration of the sum of none Dollars, and other good and valuable considerations to me (us) cash in hand paid, the receipt whereof is hereby acknowledged,do herebX,grant and convey unto ARKANSAS POWER & LIGHT COMPANN and Arkansas corporat' n,hereinafter called Grantee, and unto its successors and assigns the right,privilege, easement and authority to build, operate anA maintain line(s) for the transmission of electrical energy, including the necessary poles,wires,guys supports and other fixtures,together with the right to erect and maintain or to allow other utilities to erect and maintain wires and cables on any structures in the eiectnc line(s)belongin to Grantee.The rights hereby conferred provide for the privilege and authority to enter upon said lands f e purpose of constructing and building said lines, maintenance and operation thereof, with the right to clear and keep clear a right of way, feet in width,and to remove all other tim er and obstructions that may interfere with the use of said line(s)or that may or might be a hazard to the use of the same, and for the repairing, reconstructing, improving, replacing, operating and the removing of same at any and all times. The said right of way hereby conferred shall be at or near the pole line as staked or indicated,over, upon and across the following lands located and situated in Tnriapendence County, Arkansas tY to-wit: a 251 tract of land h ing part of the EIT of the SE-Ig of Section 16 in Township 13 North, _Range_6 West of .the 5th Principal Meridian in the City of Batesville, Independence County, Arkansans the Cpntprline of which is more partirularly described as follows ('ommencing at the Southeast corner of said Section 16; thence run N 01'35159" E along the East T.inp of said Section 16, a digfnnce of 278.00feet; thence run N 8802V01" W, a distance of 77.61 feet to the Point of Beginning of said Centerline in a fence on the West Line of the Goff Property; thence run N6905�7}1 W alongsaid Centerline, a distance of and`AA,i4V@'re�grtsSJmd e Afr,� Idg@AtAa a�aig1Jht4rVa i �eb�''c'Utt�ngfup2n0said Gfan eeeits slrccessores and assigns at an time for the purpose recited herein. y The right to farm and cultivate and otherwise use said right of way by Grantor,except for the purpose herein granted to the Grantee,is especially reserved, and if the Grantee should ever permanently abandon the use of said right of way for the purposes herein conveyed it shall revert to the Grantor, >GS or assigns. And Grantor covenants that he w ore a. warrant and defend the title to said easements including the right to quiet enjoyment of same. And we and (husband) (wife) husband and wife respectively, one to the other, for and in consideration of said sum of money paid as a consideration for the foregoing,do hereby release and relinquish unto and in favor of said Grantee its successors and assigns,all of our estate of curtesy, dower, and homestead in and to the foregoing lands to the extent of the rights hereinbefore granted and set forth. This constitutes the entire and only agreement between the parties hereto with respect to the easement herein granted. IN WITNESS HEREOF (we) hereto set my (our) hand(s) and affix my (our) seal(s) this day 19 87 GRA OR GRANTOR STATE OF ACKNOWLEDGMENT SS. COUNTY OF BE IT REMEMBERED that on this day come before me the undersigned, a Notary Public, within and for the county and state aforesaid, duly commissioned, and acting to me well known as the Grantor in the foregoing permit and acknowledged that had executed the same for the consideration, uses and purposes therein mentioned and set forth. The above signed persons) acknowledged that freely and voluntarily released and relinquished all rights of dower, homestead and/or curtesy in the above described property. Witness my hand and seal as such Notary Public this day of 19 My commission expires day of 19 Wo,,L-o i4oje 7 a r Oot-.It,l ver-A Go FF m E`E C) T'O c-u.r CL e Ag-,-G3 gi uz FFA r,-v. y j O N 69. ' " �° 00, N X36 . x O POB EASEMENT DESCRIPTION A 25 foot wide tract of land being part of the SEk of. the SEk of Section 16 in Township 13 North, Range 6 West of the 5th Principal Meridian in the City of Batesville, Independence County, Arkansas, the Centerline of which is more particularly described as follows- Commencing at the Southeast corner of said Section 16; thence run N 01035'59" E along the East Line of said Section 16, a distance of 278.00 feet; thence run N 88024'01" W, a distance of 77.61 feet to the Point of Beginning of said Centerline in a fence on the West Line of the Goff property; thence run N 69057' W along said Centerline, a distance 0f 136.00 feet to the End of said Centerline on the East. Line of 20th Street. SURVEYOR'S CERTIFICATE I, DAVID L. CARPENTER, a Registered Land Surveyor, do hereby certify that the shown plat is a true and correct representation of a survey completed under my supervision. ,��Il/lllrr,rfrr \`•��G�1 Ff, � r< ST,"TF, Or ••. b.+ ARKAN. as 86 OS �d �: <9 f m NZ L Ar�O rfiff11i11111�` (W DATE: Aug. 7, 1987 RON GOFF CARPENTER SURVEYING Drawn: JOB NO.: BA87-8901 154 Soufh 3rd Street 40 40 PROPERTY SURVEY BATESVILLEf ARKANSAS im SCALE IN FEET