HomeMy WebLinkAboutOrdinance 2084 r I
0R F, EORD
'75 FEB 26 PH 3: 53
ORDINANCE NO . c2081'%+ SHI COUNTY
ARltaUAN hdSAS
ALPIA In"0LLi EY R
CIRCUIT CLE11t
AN ORDINANCE VACATING EASEMENTS IN SWEETBRIAR ADDITION
TO THE CITY OF FAYETTEVILLE , ARKANSAS ,
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 . That the public utility easements described in
Exhibit "A" attached hereto and made a part hereof are hereby
vacated and abandoned .
Section 2 , That this ordinance shall be in full force
and effect from and after the time provided by law .
PASSED AND APPROVED THIS __!LL DAY OF ,
1975 .
APPROVED :
MAYOR
� .A�fTEST :
CITY ,.CEER
•t SF r Z .
CERTIFICATE OF riL_AaOkD
STATE OF ARKANSAS ISS.
Washington County I
I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recordar tot
Washington County, do hereby certify that the annexed or fore
going instr merit was filed forr7ecgrd in my office on theq���� day
of 19aatA o'clot:WPM, and the same is
duly recorded in record MP/ t page
Witness my hand and seal thisN2day of
ALMA KOLLMEYER
Circuit Clerk and odd
E00001 893
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gyjgd� — _ _ —
Oe^';h—; MICROFILMED
DATE OCT 1 6
Rla 1978
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A
CERTIFICATE OF RECORD
State of Arkansas SS
City of Fayetteville
I, Suzanne C. Kennedy, City Clerk and
Ex-Officio recorder for the City of Fayetteville,
do hereby certify that the annexed or fore-
going is of record in my office o :d the same ap-
pears,, \\in//Ordinance f3 Resolution book
at page Witness my
hand and seal this —day of
19 .
City Clerk and E::-Officio R carrel^,r
G ' -
p V :. 1)"16f 1 u
TRACT NO. .. _ .. .... ........ ..
STATE OF ARXANSAS
COT.iNTY OF WASHINGTON t�1TOW ALL MEN BY 'THESE PRESENTS:
That for and in consideration of .....�..... .....1......Dollar
.....Dollar....................... .... ........... ................ .. ........ . . . .. .... .. . . . .. .... .........
and other valuable considerationsA . P . Eason , Jr . & 14ari lyn H . EasCn ,
tothe undersigned .. .. . ................................ ...Er .. ....... _...-.. r ......-. ... .._ .. _.E .. _..._ _... .
Husband and .!1i ` e And Jerry D • Suieetser & Sharan J . BVJeetS ? r
. . . .... .
H znd . .
.. ... .. . .................. ...................... ...................................... ...... ............................ ...............(................... .. . . . .
Haid, t`.e receipt 0. which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND COVEY unto
the City of Fayetteville, Arkansas, a municipal corpora ion (herein styled Grantee) , its successors and assigns, the right
of way and easement to construct, lay, remove, relay, enlarge and oncrate z, ware: and/or sewer pipe line or lines,
..... .. . ........ ... manholes, and appurtenances thereto, on, over, across, and under the following described real estate, to-wit :
PROPERTY LEGAL DESORIPTION : PART OF THE `dORTH;TEST QIUARTER ( N ' i ;, ) Or THEt_
SOUTHEAST O 'JARTER ( SE ', ) OF SECTION T .,JENTYFIVE ( 25 ) ; TO'i1N5HIP . . SEVEPcTCEN ( 17 )
NORTH , RANGE THIRTY ( 30 ) l!JE5T OF THE FIFTH ( Stir ) P ° INCIPAL inERIDIAN
'1ASHINGTON COUNTY , AR !CANSAS FORE PARTICULARLY DESCRIBED .AS FOLLO' 15 , TO —s' IT :
BEGINiQiNI AT A POINT N 00 08 ' 42 " E 672 . 24 FEET FRCi4 THE SOUTHEAST CORr: ER
OF SAID FORTY ACRE TRACT , THENCE N 00 03 ' 42 " E 352 . 76 FEET 10 THE CENOTER
OF DtUD GREE ' , THENCE S 550 32 ' 42 " Ill 193 . 32 FEET ALONG CENTER OF ` 'JD CREEX ,
THENCE S 760 02 ' 42 " l!1 312 . 76 FEET ALONG CENTER OF FUD CREEK , THEi�: CE S O0
OB ' 42 " 'iI 163 . 67 FEET , THENCE S 890 51 ' 18 " E 467 . 00 FEET TO PCI ` T OF
3EGTNNING .
A ? EBNA\ E \T UTILITY EASE?iE\T Or 25 ' FEET OF EQUAL AND UNIFORM 1•iIDTH OFF THE ENTIRE EAST
SIDE OF THE ABOVE DESCRIBED REAL ESTATE . ALSO A DERMA\ EN : UTILITY EASEMENT O $ 25 FES
OF EQUAL AND UNIFORM WIDTH OFF THE ENTIRE WEST STDE, ' bF •THE ABOVE DESCRIBED REAL ESTATE .
TO '.-:AVE AND TO HOLD un.o said Grantee, its successors and assigns, so '.ong as such pipe line o: lines, man-
holes and/or appurtenances thereto she'"' be maintained, with ingress to and egress from :he real estate fist hereinabove
described for the purpose of constructing, inspecting, Maintaining and repairing said lines, manholes and appurtenances
A Grantee above described, and the re::oval, renewal ; ::d ealargeL e nt of such at will, in whole o: n part.
The said Grantor is to fray use and enjoy the said prcrises except for tl . ru--poses• hereinbefore granted to the said
Grantee, which hereby agrees to bury al: pipes, where fcas:ole, to a sufficient dcaa so as not to interfere with .-"1tivat:on
of soli, and that .:anholes w:li be constructed flus; vrtt the surface of the ground except in bottom lands where they
s:.a'.1 be at a height above high water, and to pay any do ages which ; ay arse to -rowing c:ops or :erces fro- the co.:-
st:uction, maintenance and operation as determined by three disinterested persons, one thereof to be appointed by the
said Grantor; one by the said Grantee; and e third by the two so appointed as aforesaid, and the written award o:
such three persons shall be final and conclusive.
The Grantor agrees not to erect any buildings o: s:uctures in said right of way other than fences and said fences
shaii not exceed six (6) feet in ftelSht.
The Grantee shall have the right to construct additional pine ii .es unor. tie above described easement at any time .
in the future and agrees to pay any damages as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is In full satisfaction of ever/ right hereby
granted. All covenants and agreements herein contained shall extend to and be binding-upon the respective heirs, legal
representatives, successors arra' assigns of the parties hereto.
It is hereby understood and agreed that the pzrty s. curi ng this grant in behalf of the Grantee is without autiori:y
N
to make an covenant . agreement o° p \v -
/V 4
WITNESS the execution Hereat this the day / l`,1---.�..^.' 'c.,. 19.��%. .
e � ,� � ere:.-. -- w
T 1A �� (� t
.... ......................... .
. l• ' .AAIIY//
a .. :...�..::.r^. ......... ... ... ... . _.. . . .. . ... . -. ...
NEI I
f:iariivn H . Eason Sharan " oweetser
A C K N O W L E D G M F N `t -
STATE OF ARKANSAS VOL
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before me, a Notary Public wit:.in and for said County and State, duly
A . P . Eason , Jr . and Marilyn H . Eason
commissioned. and acting, personally appeared .....Jerry„-D,.,-Sweetser--,and,..S�a, ro�..J ....$weetser......, to me we"'
known. as ti:e person (s) who executed the foregoing Right of Way Grant, and the ..they ..... hac: executed the same
for the consideration and purpose therein mentioned and set forth /
WITNESS my hand and seal on this ..--.../J........ ...._... day I l ? Lnc-mac.-,cam /. .. .. 19L
...-._..<�/9:L:'✓_L�...-.._ k'.:Caire!. .............. ....... .. ....... .
N commission expires ...C .% r .. i �.� -.-.- ---•• _ Notary Public
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CERTIFICATE
E
STATE OF ARKANSAS ) {
CITY OF FAYETTEVILLE )
E
I , DARLENE WESTBROOK, City Clerk within and for the City of
Fayetteville , Arkansas , do hereby certify that the annexed and
foregoing is a true and correct copy of the Fayetteville ,
Arkansas , OvdiK A-P o- e o;�Oyj , therein set forth ,
and the samme� is as it appears of Record in � , ,1 � , A ,Ke_f {{
Volume IV f
at Page a(o thereof .
IN WITNESS WHEREOF , I have hereunto
set my hand and affixed my official
seal this day of j
i I, h CITY CLERK t
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VOL 881 895 1
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