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RESOLUTION NO. /
A RESOLUTION AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK OF THE CITY OF JACKSONVILLE,
ARKANSAS, IN THE EXECUTION OF AN EASEMENT AND
RIGHT -OF -WAY TO ARKANSAS POWER & LIGHT COMPANY,
GRANTINti ARKANSAS POWER & LIGHT COMPANY AUTHORITY
TO CONSTRUCT AND MAINTAIN ELECTRIC FACILITIES ON
AND UNDER CERTAIN LANDS BELONGING TO THE CITY OF
JACKSONVILLE, ARKANSAS, TO SERVE CONTROLS COMPANY
OF AMERICA. ,
WHEREAS, Arkansas Power & Light Company desires to install.'
operate and maintain overhead and underground distribution lines.,
surface mounted transformers and other related electric facilities
under and across certain lands belonging to the City of Jacksonville,
Arkansas, for the purpose of supplying Controls Company of America
electric service in the City of Jacksonville: and
WHEREAS, The City of Jacksonville will benefit from the
granting of such right -of -way by reason of Improved services to
Its residents and others; and
4 WHEREAS, Arkansas Power & Light Company is willing to pay
the sum of One Dollar ($1.00) for and in consideration. of sald
easements, with the rights and prlvlfiges contained in an easement
and right -of -way, which consideration is hereby found to be a fair
and just compensation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR OF THE CITY OF
JACKSONVILLE, ARKANSAS:
SECTION 1. The Mayor and City Clerk of the City of Jacksonville
are hereby authorized and directed to execute an easement and right -
of -way running In favor of Arkansas Power & Light Company for the
consideration of One Dollar ($1.00), which easement and right -of
way is in form and substance as follows:
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EASEMENT AND RIGHT -OF -WAY
KNOW ALL MEN BY THESE PRESENTS:
THAT CiTY OF JACKSONVILLE, ARKANSAS, by Its Mayor, authorized
by Resolution No. , on this day of
19 , hereinafter referred to as Grantor, for and..in consideration
' of : the sum of ONE DOLLAR ($1.00) and other valuable considerations
paid by Arkansas Power & Light Company, and the receipt of which Is
acknowledged, hereby grants and conveys unto the sold Arkansas
Power .& Light Company, and unto its successors assigns, herein-
after referred to as Grantee, the right, privilege, authority,
easement and right -of -way to build, rebuild, remove, renew, main+
twin, and operate upon, over, across and underneath the easement
and right -of -way hereinafter described, overhead and underground
circuits, . conductors, poles, fixtures, guys and anchors and other
necessary equipment and facilities for the purposes of transmitting
and distributing electric current and supplying electric services.
The rights hereby conferred provide for the privilege and authority
to enter upon theSaid easement and right -of -way at any and all
times for the purposes herein set forth, and the further right to
,naintain adequate, sufficient and required clearances between tie
electric circuits, facilities and equipment and other objects,
growths and trees situated on the lands of the Grantor. The ease-
ment and right -of -way herein referred to is situated on the lands.
of the Grantor in Pulaski County, Arkansas, and Is described as
follows, to -witi -
1. Easement and right -of -way upon, over and across
the South 12 feet (12') of the West 1065.09 feet
of,.the described lands, lying in the W4, Section
24, T -3 -N, R - 11 -W, Pulaski County, Arkansas.
Beginning at a point which Is 907.5 feet South
• and 1348.28 feet East of the Northwest corner of
Section 24. Thence East 887.79 feet: thence
South 1°42' East 485.00 feet to the point of
beginningg Thence South 1 ° 42' East 763.29': thence
South 4 ° 49' East 267.8 feet thence South 10 ° 25' !
East 467.8', thence West 1065.09' to point on East
right -of - way line of Redmond Road, thence North
00 58' East 1489.76', thence East 910.36' to the
point of beginning.
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2. ,Also an easemeWand right-of-way described as
beginning at the Southwest corner of the above:
described property, thence East 608 feet, thence
• North 12 feet to the point of beginning, thence
North 848 feet thence West 24 feet, thence South
18 feet, thence West 18 thence South 24 feet;
thence East 18 feet, thence South 806 feet, thence
East 24 feet to the point of beginning. 1;•
Under •the same terms and conditions as set forth in this
'easement and right-040y, Southwestern. 8611 Telephone Company
may own and erect the pole line for the joint use of both Companies,
,and the Grantee may permit the use of its,pole line by the Telephone
Company.
Grantor reserves the right to use the said easement and right-
of.way for any purposes which :Will not conflict with the rights
herelnabove granted to the Grantee, and should the Grantee ever
permanently abandon the ustsof said easement and right.ofeway, ij
the same shall revert to the Grantor, lts Successors or ass1gns.
IN WITNESS WHEREOF, the Clti of Jacksonville, Arkansas, has
caused its corporate name to be affixed hereto and this Instrument
executed by Its Mayor and attested brit. 'City Clerk this "th,...t
day of c hlekLej Ip24.
ATTEST: • CITY OF JACKSONVILLE, ARKANSAS
6 7 By
tny Cta ' Mayor
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ACKNOWLEDGMENT
STATE OF ARKANSAS)
COUNTY Of PULASKI SS.
ON THIS day of , , 19 ,'before me,
a Notary Public, duly commissioned, qualified and acting within end
for the Stets and County aforesaid, appeared in person the within
named . to me personally weil known, who stated
that he Is the duly elected, qualified and acting Mayor of the
City of Jacksonville, Arkansas, and was duly authorized In his
official capacity as such Mayor to execute ths.foregoing instrument
for, In the name of and on behalf of the City of Jacksonville,
Arkansas, and further stated and acknowledged that he had so
signed, executed and delivered the foregoing instrument for the
consideration, uses end purposes therein set forth.
IN WITNESS WHEREOF, 1 have hereunto set my hand and official
seal this day of , 19.
• Notary Public
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My commission expires:
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Soction 2. The authority and duty established In Sactlon 1
hereof In connection with the execution of said right-of-way permit
Is and shat) Ile subject to tha approval of the City Attorney, who
shell dettrmine whether or not the aotecutlon of said tesament and
right- ofaway Is In proper, form.
SECTION 3. This raselution shall be In full force and effect
from and after Its adoption.
ADOPTED
ATTEST' APPROVED,