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AN ORDINANCE GRANTING AN EASEMENT TO RICELAND FOODS, INC. TO OPERATE AND MAINTAIN CERTAIN TELEPHONE CABLING ACROSS NORTH FLOYD STREET OF THE CITY OF JONESBORO, ARKANSAS
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WHEREAS, Riceland Foods, Inc., owns and operates certain rice processing facilities located on the East and West sides of North Floyd Street between the rights-of-way of the Burlington Northern (Formerly St. Louis-San Francisco Railroad) and Southern Pacific Cotton Belt (formerly St. Louis Southwestern Railway) in the SE ¼ NW ¼ and SW ¼ NE ¼ Section 13, Township 14 North, Range 3 East, of the City of Jonesboro, Arkansas; and,
WHEREAS, Riceland Foods, Inc. desires to improve its telephone and date switching equipment between its facilities, including in part the purchase form Southwestern Bell Telephone Company of the telephone cabling that connects Riceland’s buildings on either side of North Floyd Street, located 304 feet, more or less, north of the centerline of the Southern Pacific/ Cotton Belt mainline track as measured along the centerline of North Floyd Street; and,
WHEREAS, Southern Bell Telephone Company now has an easement to cross North Floyd Street at the location described above; and,
WHEREAS, Riceland Foods, Inc. has elected in accordance with appropriate regulations to purchase the said cabling and is required to obtain the easement in order for South Western Bell Telephone to transfer title of the telephone cabling that connects its intra-building telephone and date equipment; and,
WHEREAS, the City Council finds that the telephone cabling in question serves only Riceland Foods, Inc. facilities and that the most efficient method for Riceland Foods to improve the telephone and date services within its facilities is for Riceland Foods to won, operate and maintain the telephone cabling within its Jonesboro facilities, part of which crosses North Floyd Street at the location described above, and that it would be in the best interest of the citizens of the City of Jonesboro that permission in the form of an easement be granted to Riceland Foods, Inc. at that location to operate and maintain the telephone cabling in question.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JONESBORO, ARKANSAS:
Section 1: Riceland Foods, Inc., its successors and assigns is hereby granted permission to operate and maintain telephone cabling across and under North Floyd Street 304 feet, more or less, north of the centerline of the Southern Pacific/Cotton Belt mainline tract (as measured along the centerline of North Floyd Street) in the SE ¼, and SW ¼, NE ¼, Section 13, T14N, R3E of the City of Jonesboro formerly occupied by the Southwestern Bell Telephone Company. Said telephone cabling shall cross the said street at its existing location. The rights herein granted to Riceland Foods, Inc., its successors and assigns, shall be in the nature of a non-exclusive easement 10-feeet on either side of present location of the cabling and shall continue in effect so long as the said street continues to be used for the purposes of the grant herein made.
Section 2: The cost of operating, maintaining and replacing the said telephone cabling shall be plaid by Riceland Foods, Inc., its successors and assigns, all of which shall be done in accordance with all ordinances and regulations of the City of Jonesboro and all other governing bodies having jurisdiction there over and under the supervision of the appropriate officials of the City of Jonesboro.
PASSED AND APPROVED this 6th day of April, 1987.