HomeMy WebLinkAbout1974-672-R fj' R
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RESOLUTION NO. Z
KNOW ALL MEN BY THESE PRESENTS :
WHEREAS, the CITY OF BATESVILLE, ARKANSAS, has
previously agreed to grant to the UNITED STATES OF AMERICA
a perpetual easement for the purpose of installation, maintenance
and repair of retaining wall over certain described lands
situated within Independence County, Arkansas, which lands
are particularly describedYereinafter, upon the condition that
DAWSON CONSTRUCTION COMPANY, INC . construct certain off-street
parking spaces along Boswell Street in Batesville , Arkansas; and,
WHEREAS, DAWSON CONSTRUCTION COMPANY, INC. has now
constructed such off-street parking spaces and fulfilled the
tw agreed-upon conditions for the granting of such easement;
NOW, THEREFORE,
BE IT RESOLVED by the City Council of the City of
BATESVILLE, ARKANSAS, that :
1. The UNITED STATES OF AMERICA be granted a perpetual
easement for the installation, maintenance and repair of a
retaining wall on, over and in the following described lands
situated in Independence County, Arkansas :
An easement of 10 inches of uniform width along
the Northwestern side of Boswell Street for so
much of the distance along Block 4 of School
Addition as fronts Lots 6, 7 and 8 of Block 4
of School Addition to the City of Batesville,
Independence County, Arkansas, being more
particularly described by metes and bounds as
follows :
Beginning at the Southwest corner of Block 4
%W of the School Addition to the City of Batesville,
Independence County, Arkansas; thence North
540 47 ' 00" East along the Southwest line of
said Block 4, a distance of 208 . 71 feet to a
point for corner - thence South 350 26" 30" East
a distance of 0 . 633 feet to a point for corner;
thence South 54° 47 ' 00" West a distance of
208.71 feet to a point for corner- thence North
350 02' 00" West a distance of 0. 633 feet to the
point of beginning and containing 173. 86 square
feet of land.
J
2 . That Honorable PEYTON GOLDEN, Mayor, be and hereby
is authorized and directed to execute and deliver to the UNITED
STATES OF AMERICA an easement deed, the execution of which deed
shall be attested by Mr. MARVIN SMITH, City Clerk.
PASSED this 9th day of July, 1974, by the City Council
of the CITY OF BATESVILLE, ARKANSAS, in regular session duly
convened.
PeytoV Golden, Mayor, City of
Batesville, Arkansas
ATTEST:
Marvin Smith, City Clerk
CLERK'S CERTIFICATE
I. MARVIN SMITH, the duly appointed and acting Clerk
of the City of Batesville, Arkansas , do hereby certify that the
above and foregoing is a true, perfect and complete copy of a
Resabtion No . of the City Council of the City of Batesville,
Arkansas , which resolution was duly adopted by the City Council
of the City of Batesville, Arkansas , on the 9th day of July,
19743 at a regular session of said Council at a meeting duly
convened, and such resolution is now permanently recorded and
enrolled in the City of Batesville Resolution Book at
page
WITNESS my hand as City Clerk of the City of
Batesville, Arkansas, this 9th day of July, 1974 .
Marvin Smith, City Clerk
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EASEMENT DEED
(W This. Indenture made this — day of 1974,
between the CITY OF BATESVILLE, ARKANSAS, a municipal corporation, (here-
inafter called "GRANTOR") , and the UNITED STATES OF AMERICA (hereinafter
called "GRANTEE") .
WITNESSETH:
That the GRANTOR, for and in consideration of the sum of ONE AND
NO/100 DOLLAR ($1.00) cash in hand paid, the receipt and sufficiency of
which is hereby acknowledged and the benefits to be derived by GRANTOR, does
hereby grant, bargain,n, sell and convey unto the UNITED STATES OF AMERICA and
its assigns, a perpetual easement for the installation, maintenance and repair
of a retaining wall, on, over, in and under the following described lands
situated in the County of Independence, State of Arkansas, to wit:
An easement 1.0 inches of uniform width along the -northwestern
C,
side of Boswell Street for so much of the distance along
Block 4 of School Addition as fronts Lots 6, 7 and 8 of
Block 4 of School Addition to the City of Batesville,
Independence County, Arkansas, beiza; -more particularly de-
scribed by metes and bounds as follows:
BEGINNING at the Southwest corner of Block 4 of the School
Addition to the City of Batesville, Independence County,
Arkansas;
THENCE N 540 471 0011 E, along the Southwest line of said
Block 4, a distance of 208.71 feet to a point for corner;
THENCE S 350 261 3011 E, a distance of 0.833 feet to a point
for corner;
THENCE S 540 471 0011 W, a distance of 208.71 feet to a point
for corner;
THENCE N 350 021 0011 W, a distance of 0.833 feet to the point
of beginning and containing 173.86 square feet of land.
10 HAVE AND TO HOLD the said rights and easements unto the UNITED
STATES OF AMERICA and its assigns forever; and GRANTOR does hereby warrant
(W the title to same.
IN WITNESS WEITEREOF said GRANTOR has hereunto set its hand the date
and year first above written.
CITY OF BATESVILLE, ARKANSAS
By:�
MAY061 P.
ATTEST:
(W
CI CLERK-
THE STATE OF ARKANSAS(W �{
COUNTY OF INDEPENDENCE
Before me, Notary Public in and for
said county and state, on this day of , 1974,
personally appeared PEYTON GOLDEN, Mayor, to me known to be the identical
person who subscribed the name of the maker thereof to the foregoing in-
strument as its maker and acknowledged to me that he executed the same as
his free and voluntary act and deed, and as the free and voluntary act and
dead of the City of Batesville, Arkansas, and for the uses and purposes
therein set forth.
WITNESS my hand and official seal the day and year last above
written.
NOTARY PUBLIC
MY COMMISSION EXPIRES:
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