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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:
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} 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
said Southerly right-of-way line Forth 51 degrees
38 minutes 30 seconds East 70.00 feet; thence
continue along said Southerly right-of-way line
North 56 degrees 33 minutes 30 seconds East 55.00
feet; thence continue along said Southerly right-
of-way line North 79 degrees 24 minutes 56 seconds
East 30.70 feet to an iron pin marking the North-
west corner of Fractional Lot 3, Block 4; thence
continue along said Southerly right-of-way line
North 83 degrees 31 minutes 40 seconds East and
along the North line of said Fractional Lot 3,
Block 4 a distance of 70.08 feet to an iron pin
marking the Northeast corner of said Lot 3, Block
4; thence South 03 degrees 59 minutes 50 seconds
East and along the East line of Fractional Lot 3
and Lot 8, Block 4 a distance of 280.00 feet to
the centerline of Center Street (unopened); thence
North 88 degrees 07 minutes 47 seconds East and along
the centerline of Center Street a distance of 70.04
feet; thence South 03 degrees 59 minutes 50 seconds
East and along the South one-half of Center Street
and the East line of Lot 4 , Block 3 a distance of
124.00 feet; thence South 85 degrees 19 minutes 44
seconds West 48.02 feet to the point of beginning;
thence South 04 degrees 40 minutes 16 seconds East
2.00 feet; thence South 85 degrees 19 minutes 44
seconds West 171.00 feet; thence North 04 degrees
40 minutes 16 seconds west 2.00 feet; thence North
85 degrees 19 minutes 44 seconds East 171.00 feet,
containing 342.00 square feet or 0.0078 acres, more
or less.
; and
WHEREAS, Safeway Stores, Inc. cannot begin construction until
the aforementioned easement is obtained from the City of Batesvill
and any delays in construction will result in undue expense and
hardship to all parties involved.
NOW, THEREFORE, be it ordained by the City Council of the
City of Batesville, Arkansas:
SECTIO? 1 - That the City of Batesville, Arkansas, acting
through the City Council, does hereby approve a _grant by the City
of Batesville, Arkansas, to Safeway Stores, Inc., of a perpetual
exclusive easement for subterranean foundation and/or retaining
wall footings encroaching through and beneath the surface of the
real property described above and does hereby direct the mayor of
the City of Batesville, Arkansas, to execute an appropriate grant
of easement to Safeway Stores, Incorporated.
SECTION 2 - For the reasons set forth in the foregoing para-
graphs, it is hereby declared that an emergency exists and that
this Ordinance shall be in effect from and after its passage.
PASSED this f� -/ day of September,
APPROVED:
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ATTEST:
City Clerk
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GRANT OF EASEMENT
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THE CITY OF BATESVILLE, Grantor, for and in consideration of the
sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable con-
sideration, the receipt of which is hereby acknowledged, does hereby
grant unto SAFEWAY STORES, INCORPORATED, a Maryland corporation,
Grantee, its successors and assigns, a perpetual exclusive easement for
subterranean foundation and/or retaining wall footings encroaching
through and beneath the surface of the following described real property
situated in the City of Batesville, County of Independence, State of
Arkansas:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF.
The easement hereby granted shall be appurtenant to and run with fee
title to the following contiguous parcel owned by Grantee situated in the
City of Batesville, County of Independence, State of Arkansas:
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART
HEREOF.
IN WITNESS WHEREOF, Grantor has executed this Grant of Easement on
this 14- day of r .�; 1982.
GRANTOR:
CITY BATESVXLLE
7
By
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LEGAL DESCRIPTION
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 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 described 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 said Southerly right-of-way line North 51 degrees
38 minutes 30 seconds East 70.00 feet; thence continue along said Southerly
right-of-way line North 56 degrees 33 minutes 30 seconds East 55.00 feet;
thence continue along said Southerly right-of-way line North 79 degrees
24 minutes 56 seconds East 30.70 feet to an iron pin marking the North-
west corner of Fractional Lot 3, Block 4; thence continue along said
Southerly right-of-way line North 83 degrees 31 minutes 40 seconds East
and along the North line of said Fractional Lot 3, Block 4 a distance of
70.08 feet to an iron pin marking the Northeast corner of said Lot 3,
Block 4; thence South 03 degrees 59 minutes 50 seconds East and along
the East line of Fractional Lot 3 and Lot 8, Block 4 a distance of 280.00
feet to the centerline of Center Street (unopened); thence North 88 degrees
07 minutes 47 seconds East and along the centerline of Center Street a
distance of 70.04 feet; thence South 03 degrees 59 minutes 50 seconds East
and along the South one-half of Center Street and the East line of Lot 4,
Block 3 a distance of.124.00 feet; thence South 85 degrees 19 minutes 44
seconds West 48.02 feet to the point of beginning; thence South 04 degrees
40 minutes 16 seconds East 2.00 feet; thence South 85 degrees 19 minutes
44 seconds West 171.00 feet; thence North 04 degrees 40 minutes 16 seconds
west 2.00 feet; thence North 85 degrees 19 minutes 44 seconds East 171.00
feet, containing 342.00 square feet or 0.0078 acres, more or less.
EXHIBIT "A"
M
LEGAL DESCRIPTION
A part of Highland Addition to the City of Batesville, Arkansas in the
North 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 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 described 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) and the
point of beginning; 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 said Southerly right-of-way line North 51 degrees 38 minutes 30 seconds
East 70.00 feet; thence continue along said Southerly right-of-way line North
56 degrees 33 minutes 30 seconds East 55.00 feet; then continue along said
Southerly right-of-way line North 79 degrees 24 minutes 56 seconds East 30.70
feet to an iron pin marking the Northwest corner of Fractional Lot 3, Block
4; thence continue along said Southerly right-of-way line North 83 degrees
31 minutes 40 seconds East and along the North line of said Fractional Lot 3,
Block 4 a distance of 70.08 feet to an iron pin marking the Northeast corner
of said Lot 3, Block 4; thence South 03 degrees 59 minutes 50 seconds East
and along the East line of fractional Lot 3 and Lot 8, Block 4 a distance
of 280.00 feet to the centerline of Center Street (unopened); thence North
88 degrees 07 minutes 47 seconds East and along the centerline of Center
Street a distance of 70.04 feet; thence South 03 degrees 59 minutes 50 seconds
East and along the South one-half of Center Street and the East line of Lot 4,
Block 3 a distance of 124.00 feet; thence South 85 degrees 19 minutes 44 seconds
West 440.67 feet to the West line of Highland Addition and the East line of
St. Louis Street (U. S. Highway No. 167); thence North 04 degrees 53 minutes
10 seconds West and along the said West line of Highland Addition and the
East line of St. Louis Street a distance of 212.50 feet to the point of
beginning, containing 134,504 square feet or 3.0877 acres more or less.
EXHIBIT "B"