1817RESOLUTION NO. ~ $ L
A RESOLUTION APPROVING AN EASEMENT FOR UNDERGROUND
FACILITIES FROM THE CITY OF WEST MEMPHIS TO
SOUTHWESTERN BELL TELEPHONE, AUTHORIZING THE MAYOR
TO SIGN THE EASEMENT ON BEHALF OF THE CITY OF WEST
MEMPHIS, AND FOR OTHER PURPOSES.
WHEREAS, Southwestern Bell Telephone (SBC) is being required to relocate existing
underground facilities in order to accommodate improvements being made by the State of
Arkansas to Highway 70 (East Broadway), and
WHEREAS, SBC has negotiated with the City of West Memphis for the acquisition of a
nonexclusive easement to locate underground facilities on a portion of property owned by the
City of West Memphis on the terms as set out in the attached easement; and
WHEREAS, the West Memphis City Council finds that this easement for underground
facilities is in the best interests of the City of West Memphis and that it should be approved and
the Mayor should be authorized to sign the easement on behalf of the City of West Memphis;
NOW, THEREFORE, BE IT RESOLVED BY THE WEST MEMPHIS CITY
COUNCIL THAT the Easement for Underground Facilities between the City of West Memphis
and Southwestern Bell Telephone is hereby approved and the mayor is hereby authorized to
execute the easement on behalf of the City of West Memphis.
ADOPTED this ~ day of , 2005.
ATTEST:
PHILLI ,CITY CLERK
T
~~~~~
WILLIAM H. JOHN ON, MAYOR
SPONSORED BY:
City of West Memphis
205 South Redding
West Memphis, AR 72301
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Date: / /2005
W R#2004.40
Esmt# EASEMENT FOR UNDERGROUND FACILITIES
THIS EASEMENT, entered into by the undersigned, Ciry of West Mempl:is, herein referred to as GRANTORS, and
SOUTHWESTERN BELL TELEPHONE, A TEXAS LIMITED PARTNERSHIP, d.b.a. SBC, GRANTEE, wherein GRANTORS, in
consideration of the sum of One hundred & no/00 ------ Dollars ($ 100.00 )other valuable consideration, receipt of which is hereby
acknowledged, do by these presents GRANT, BARGAIN AND SELL, CONVEY AND CONF[RM unto GRANTEE, its associated
and allied companies, its and their respective successors, assigns and licensees, a permanent nonexclusive easement to construct,
operate, maintain, inspect, replace, and remove such underground telecommunication systems and lines, and all appurtenances thereto,
as may be required by Grantee from time to time, upon, over, and under a strip of land 16.5 feet in width, across Grantor's land and
situated in Crittenden County, Arkansas and described as follows:
A communications easement across a tract of land as recorded in Book 397, Page 167, in the office of the
Circuit Clerk, Crittenden County, lying in the West 100 feet of the East 525 feet of Lot 9, Block 1, Rich
Eastern Addition to the city of West Memphis, Arkansas, in the SE '/< of Section 8, T-6-N, R-9-W, being
more particularly described as follows:
A rod (16.5) foot easement along the south line of said tract, being parallel and adjacent to the northern
right-of-way of Hwy 70 (aka East Broadway), for a distance of 100 feet, more or less.
TO HAVE AND TO HOLD same, with all rights and appurtenances to the same belonging, unto Grantee, its successors
assigns, until the use of the easement is relinquished or abandoned, including (1) the right of ingress and egress to and from the
easement by reasonable routes across Grantors' property, and (2) the right to clear and trim trees, overhanging branches, roots, brush
and other obstructions in the easement.
Grantee, its successors and assigns shall repair and restore the property and pay for damage to crops and other property
following the construction and maintenance work. Further, Grantors reserve the right to use and enjoy their interests in the easement
area insofar as the exercise thereof does not endanger or interfere with the construction, operation and maintenance of said systems and
lines; and included in this reservation is the right to grant additional easements within the above described property.
Grantors warrant that they are the owners of the land here conveyed, they have no knowledge of environmental hazards
affecting the land, except those disclosed to Grantee, and they have the right to make this conveyance and receive the payment thereof,
and Grantors covenant that Grantee, its successors assigns, and licensees, may quietly enjoy the premises for the uses herein stated.
Grantor agrees to hold Grantee harmless for liability arising from undisclosed environmental hazards.
Initials of property owner(s):
Initials of ROW agent:
GRANTEE MAIL/NG ADDRESS: SBC, 1111 West Capitol Ave., Rm. 941, Little Rock, AR 72203
1
Signed and executed this day of May, 2005.
William Johnson, Mayor
CORPORATION ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF CRITTENDEN BEFORE ME, the undersigned authority, on this day personally appeared William Johnson,
known to me to be the person whose name is subscribed to the foregoing instrument and upon being duly sworn did state and
acknowledge that he is the Mayor of the City of West Memphis, a municipal corporation organized under the laws of the State of
Arkansas, that he executed the foregoing instrument in the capacity stated under authority of its City Council and had affixed thereto
the corporate seal for the uses, purposes and considerations therein expressed as the free and voluntary act and deed of the city.
Given under my hand and seal of office this the day of May, A.D. 2005.
Notary Public in and for Crittenden County
My Commission Expires: