ORD NO 05-1971 r
0 r'
ORDINANCE NO. -y_// 7 7
AN ORDINANCE AUTI IORIZING THE OKLAHOMA GAS AND ELECTRIC
COMPANY TO PURCHASE LOT 6, TRACT 4, CRAWFORD COUNTY
INDUSTRIAL PARK, AND ERECT A CHAIN LINK FENCE THEREON
AND CONSTRUCT, OPERATE AND MAINTAIN AN ELECTRIC SUB-
STATION AND UNDERGROUND CABLES, WIRES AND ELECTRICAL
APPARATUS AND FACILITIES ON SAID LOT WITHOUT VIOLATING
THE RESTRICTIVE COVENANTS THEREON
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS:
Section 1. The Mayor and. City Clerk on behalf of the
City of Van Buren, Arkansas, are hereby authorized and directed
to sign, acknowledge and deliver to the Oklahoma Gas and Electric
Company an Agreement that the Oklahoma Gas and Electric Company
may purchase Lot 6, Tract 4, Crawford County Industrial Park,
and erect a chain link fence thereon and construct, operate and
maintain an electric substation and underground cables, wires and
electrical apparatus and facilities on said lot without violating
the restrictive covenants. A copy of said Agreement is made a
part of this Ordinance by reference as though the same were copied
word for word herein.
Section 2. It being found that the erection of an electric
substation on said lot is necessary for an adequate supply of
electric current and energy to the owners of all lots in the
Crawford County Industrial Park, an emergency is therefore declared
and this ordinance being necessary for the preservation of the
public peace, health and safety shall be in full force and effect
frpm and after its passage.
Dated: 3 N Approved 4 l e2 /V
I Mayor
ATTESTED:
City 'Clerk
AGREEMENT
We, FORT SMITH. STRUCTURAL STEEL COMPANY, CRAFTMASTER
INDUSTRIES, INC., DIAMOND SHAMROCK CORPORATION, USM OIL COMPANY,
CRAWFORD COUNTY INDUSTRIAL DEVELOPMENT CORPORATION and CITY OF
VAN BUREN, ARKANSAS; owners of all lots in the Crawford County
Industrial Park as shown on the plats filed for record on the
18th day of March, 1968 and on the 25th day of June, 1970, and
we, FIRST NATIONAL BANK, FORT SMITH, ARKANSAS, T. J.-VAN ZANDT,
TRUSTEE, ECONOMIC DEVELOPMENT ADMINISTRATION, Department of
Commerce, United States of America and THE FIRST NATIONAL BANK
OF BIRMINGHAM, BIRMINGHAM, ALABAMA, the holders of all mortgages
and liens on 411 lots in said Crawford County Industrial Park
for a valuable consideration, hereby consent and agree that a
chain link fence may be erected and an electric sub station
constructed, operated and maintained upon Lot 6, Tract 4, Crawford
County Industrial Park as the same are located upon the attached
plat, which is made a part of this agreement and consent by
reference. We further agree that underground cables and wires
and electrical apparatus and facilities may be placed underground
between the fence and the building lines as the same are shown on
said plat.
This agreement and consent is executed in order that the
Oklahoma Gas and Electric Company may purchase Lot 6, Tract 4,
Crawford County Industrial Park, and erect the aforementioned
chain link fence thereon and construct, operate and maintain the
aforementioned electric sub station and underground cables, wires
and electrical apparatus and facilities on said lot without
:violating any of the Restrictive Covenants dated December 20, 1967,
filed for record August 20, 1968 and appearing in Miscellaneous
Book 20, Page 31, and the Modification of Restrictive Covenants
dated.October 25, 1968, filed for record November 8, 1968, and
appearing in Miscellaneous Book 20, Page 87 on the
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East Half of the Southeast Quarter of Section 30,
and the West Half of the Southwest Quarter of
Section 29, all in Township 9 North, Range 31 West,
in Crawford County, Arkansas,
which have been platted as the Crawford County Industrial Park.
IN TESTIMONY WHEREOF, the CITY OF VAN BUREN, ARKANSAS, has
by order of its City Council caused these presents to be signed
b its Mayor and attested by
its City Clerk, and caused its corporation seal to be hereunto
[2
affixed this day of. )/4- 19.70.
CITY OF VAN BUREN,. ARKANSA f
T ��1 ice•
By I
MAYOR
ATTEST:
City Clerk
STATE OF ARKANSAS
CERTIFICATE OF ACKNOWLEDGMENT.
COUNTY OF CRAWFORD
/9y/:
On this day of •4.�- 1970, before me, a
Notary Public, duly commissioned, qualified and acting, within
and for said County and State, appeared in person the within-
named its Mayor and itS City
Clerk, to me personally well known, who stated that they were the
Mayor and City Clerk of the CITY OF VAN BUREN, ARKANSAS, and were
duly authorized in their respective capacities to execute the
foregoing instrument for and in the name and behalf of said City,
and further stated and acknowledged that they had so signed,
,Cier executed and delivered said foregoing instrument for the consid-
eration, uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF,'I have hereunto set my hand and official
seal this day of 1970
My Commission Expires J 4„tl. }0 9:v
Notary Public
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