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Home My WebLink AboutOrdinance 2132 FILED ORDINANCE NO . - 4184Z FOR RECORD 675 AUG 18 AN 10: 35 AN ORDINANCE VACATING AN EASEMENT EXEC1g=jN4T01PADQN7f. MARINONI ON SEPTEMBER 29 , 1972 , FOR THE CONSTRUCWM & A SEWER LIFT STATION . ALMA KOLLMEYEP CIRCUIT CLEM(` BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : That the easement executed on September 29 , 1972 , by Paul A . Marinoni to the City of Fayetteville , Arkansas , for the construction of a sewer lift station be , and the same is hereby , vacated and abandoned . A copy of said easement , marked Exhibit "A " , is attached hereto and made a part hereof . PASSED AND APPROVED THIS' '46V DAY OF 1975 . APPROVED : MAYOR . f Val, 893 236 MICROFILMED DATE OCT 1 61918 REEL 1 �� RIGHT OF W �Y GRANT . ( ,f� 1017 " j� f TRACT NO. ..... ............. .... .. (' 1 I_. rE D 1 . STATE OF ARKANSAS COUNTY OF WASHINGTON KNOW ALL MEN BY 'THESE PRESENTS: 7 - 0 f \ R E COR n That for and in consideration of ........One...an.d .-n.o/ 1.0D..-.. . (.$ 1 . 00 ).. .... ......................�.].2.- DLT..-11-.-r!il1 � _..fl.l..... and other valuable considerations to the undersigned, .. P.d4.).:.A.....Mri.noni...f, ..Ma_ ry. Mtil (art( nY- rritl ( ( ,; ; i-1.`t .-...--:--• fef4 husband..and..wi.£.e... ......... /..!_(;: •..i '...::. ........ paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL 'AND COVEY unto the City of Fayetteville, Arkansas, a municipal corporation (herein styled Grantee) , its successors and assigns, the right ' of wary and easement to construct, lay, remove, relayi. , enlarge and operate a water and/or -sewer pipe line or lines, ......... ......... manholes, and appurtenances thereto, on, over; across, and under the following described real estate, to-wit: - A permanent easement located in the NW'4 of the SES of Section 7 , Township 16 North, Range 30 West , Washington County , Arkansas , being more particularly described as follows , Beginning at a point which is N89058 ' E 100 feet and N10038 ' E 50 feet from the SW corner of said 404acre tract , said point of beginning being on the Easterly Rigl�tlof-Way ofU. S . Highway 71 Loop ; thence N100381E 20 feet along said Right -of-Wa ; thencN27° - 38 ' E 20 feet along said Right -of-Wa 5L thence N8 ° ' ' 90 Feet ; th thence S89°58 ' W 102 . 9 feet to the point of beginnngence . SO 02 ' E 3714 feet ; Also, an easement for access to the above described tract , said access easement being 50 feet wide, parallel and adjacent to the Easterly Right -of-Wayof highway and runnikng from • State Highway 16 to the above described tract . Also, a temporary easement 50 feet wide, 25 feet either side of the following described centerlines r Beginning ' at a point which is N890581E 100 feet and N10038 ' E 70 feet from the Southwest corner of .said 110 acre tract ; thence N890581E 106 . 66 feet . CONTINUED ON BACK ) TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe dine or lines, man- . holes and/or appurtenances thereto shall be maintained, with ingress to and -egress from the real estate first hereinabove described for the purpose of constructing, inspecting, maintaining and repairing said lines, manholes and appurtenances of Grantee above described, and the removal, renewal and enlargement of such at will, in whole or in part. The 'said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of- the- ground except in bottom lands where they shall be at a height above high water, and to pay any damages which may arise to growing crops or fences from the con- struction, maintenance and operation as determined by three disinterested persons, one thereof to be appointed by the said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of such three .persons shall, be final and conclusive. The Grantor agrees not to erect any buildings or structures in said right of way other than fences and said fences shall not exceed six (6) feet in height. The Grantee shall have the right to construct additional pipe lines upon the above described easement at anytime 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 Grarrtee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal \ representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this grant inbeh of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof this the ..... ..... ../....... a. ._ day of .._ 'Y U �c�.. ,..t_....... c� . .. .. ACICNO W LEDG�ML'\ NT STATE OF ARKANSAS -_- — COL,uNifI WASHINGTON } ' VOL 8!�3 23`7 5hN C : r , . 'FiRel%7EMBERED, that on this date, before me, a Notary Public within and for said County and . State, duly - eo,l, is'>trin ed anll acting, personally appeared ......Paul .. A. ...Mar- inoni-&.- Mart/ M„-- Ma inorri- -----....., to me well t K pp amawnl (jsi11L Vsoin (s ) who executed tF. ; foregoing Right of Wayh Grant, and that - >� llye- consideration' and purpose therein mentioned and t forth. .. / .'.... had executed the same ' tiAR'NRS5Yiy hand and seal on this ......... p(...9 ...Q ..._.... ... day of _A / -... .. -, 197).1 I My commission expires . .. ... / . tary Public A permanent easement 25 feet wide, 12 . 6 feet either side of the following described centerline : Beginning . at a point which is N89058 ' E 100 . 0 feet and N100381E 50 feet and N890- 58 ' E 102 . 9 feet . and N00021 19 . 66 feet from the Southwest corner of said 40 acre tract ; thence N89 581E 1 , 242 . 72 feet ; thence N500461E 1 , 285 feet ; thence N0036 ' W 16 feet . Also, a temporary easement 50 feet wide, 25 feet either side of the following described centerline : I Begihning at a point which i - N89058 ' E 100 . 0 feet and N10 0381E 50 feet and . N89058 ' E 1102 . 9 feet and N0002 ' E 19 . 66 feet from the Southwest corner of said 40 acre • tract ; thence N87058' E 1 , 242 . 72 feet ; . thence N500461E 11285 feet ; thence N00361W 16 feet . i CERTIFICATE OF RECORD STATE OF ARKANSAS J SS Washington County I I, Alma L. Kollmeyer, Circuit Clerk and Ex-OKci'o'Recorder for; Washington County;do hereby certify that the annexed or fore- o n. going instrument was'filedfor cg3rd.in my office onthe% day - - of . P - duly recorded GGrecord at pag� �p - Witness my hand and seal this,[,Gday of 19 ' ' ALMA K Circuit Clerk an - - • • " Ex-Officio Recorded � - gy . . . Deputy Clerk - i VOL 893 2 8' ' CERTIFICATE STATE OF ARKANSAS ) CITY OF FAYETTEVILLE ) I . DARLENE WESTBROOK, City Clerk within ' and for the City of Fayetteville , Arkansas , do hereby certify that the annexed and foregoing is as true and correct copyof the Fayetteville , Arkansas , (y� a �r �lY_�pDJ a /�oI therein set forth , and the same is as it appears of Record in —�C �cce� �P� r �� ✓, Volume tV r at Page thereof . IN WITNESS WHFR7.OF , I have hereunto set my hand and affixed my official seal this day of Woe 7A L� c- e CITY CLERK �MP d VOL 893 239 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 annc�cd or fore- goi::g reenrd in my office and the same ap- neau•s in Ordinance i✓ Resolution book page Witness my v, L ,;! and 7= 1this —day of 19 City Clerk and Ex-Officio Recorder n