HomeMy WebLinkAboutOrdinance 2178 • r
ORDINANCE NO .
AN ORDINANCE APPROVING THE LARGE SCALE DEVELOPMENT PLAN
OF GLEN OLDHAM FOR PROPERTY LOCATED AT 2262 SOUTH SCHOOL
AVENUE ,
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 . That the Board of Directors hereby approves
the large scale development plan of Glen Oldham for properties
located at 2262 South School Avenue .
Section 2 . That the approval granted hereby is conditioned
upon the developer making provisions for sewer facilities without
utilization of a septic tank .
PASSED AND APPROVED THIS IL/tA DAY OF DECEMBER , 1975 ,
APPROVED :
MAYOR
ATTEST :
CITY CLERK
et
CERTIFICATE OF RECORD
State of Arkansas ( SS
City of Fa�'e?.errii !e
I, Suzanne C. Ke:rledy, City Clerk and
Es-^Siici i iocor ler f:rr the Ciiy r f i'c; ofr,,,iile,
d .
h•, - crtii'v til it tt: e .-
'<;'iia ti: c S
ilp-
i/n O:riiaa :ne G� nSo;ctioa
—at pa{,r. LL Witness my
hand and sealc?ay of
City Clerk and Ex-Officio Recorder
RIGHT OF WAY GRANT
TRACT NO.
STATE OF ARKANSAS KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WASHINGTON
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That for and in consideration of . _ .....One.. Dol. lar..-and _no/ 1.00. ...(.$ _.1 aW) . .. . ..
.-' (} Cl .,. �. .. .___ ..._._.... .___.-.
and other valuable considerations to the undersiar edOLDHAM. & DO,TT.16 .00DHAMy_ ! 1 t
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__ .....__...........__.._.... .......- - ..... .... _..HUSBANfJ_AND-.W L.F. . ... ..... .:: ......................
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 way and easement to construct, lay, remove, relay, 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:
PROPERTY DESCRIPTION :
Part of the Northwest Quarter (NW4) of the Northeast Quarter ( NE4) of Section Twenty -
eight (28 ) in Township Sixteen ( 16 ) North, Range Thirty ( 30 ) West , being more particularly
described as follows , to -wit : Beginning at a point on the East right -of -way of U . S .
Highway 71 , which is 304, 79 feet East and 783 . 77 feet South of the Northwest corner
of said forty acre tract and running thence East 308 feet ; thence North 19 degrees
30 minutes East 140 feet ; thence North 81 degrees 11 minutes 30 seconds West 290 . 39
feet ; thence South 21 degrees West , 189 feet to the point of beginning , containing
1 . 13 acres , more or less .
EASEMENT DESCRIPTION :
A permanent easement of 20 feet in width off the entire west and south sides of the
above described real estate and a temporary construction easement of 50 feet of equal
and uniform width off the entire west and south sides of the above described real
estate .
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, man-
holes and/or appurtenances thereto shall be maintained, with ingress to and egress from tl:e deal 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 w! ole 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 intefere with cultivation
of soil, and that manholes will be constructed flush with the surface of the ground except in bot,
om 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 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 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 in beh e Grantee is without authority
to make any covenant or agreement not herein expressed
WITNESS the execution hereof this the .. ._....�Cl_-_._. __ __. of .../ . . .. - _, 19 7
... ........ .... ........ ....
nt
_til . t_t.._....C� .t�•-.. S.d- �.:.�.. - __........ .. .
A C K N O W L E D G M E N T MICROFILMED 6 t97B
DATE
STA*,Tt 01 ! ARIr4NSAS
CO•i�1�i�I'� 0;".d;(�SHINGTON
F_ IT ,1sIM?r Mj3ERED that on this date .,before me, a Notary Public wit lin and for said County and State, duly
co • sinned an 1 2ctdng, personally appeared ,1_. G � M� ..-.-__.)__ ..1- _. _f .4c�:� 6��.4o me well
known as the persor%b(s) who executed the foregoing Right of Way Grant, and that'- ZF _-. had executed the same
foi .the Consideration and purpose therein mentioned and, set forth.
WITNESS my hand and seal on this ....... .. ....... day o 2. . .. .. _ ° C.. ........... . 19 yf
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f�l� -"- /=..... 7d' L4:..:_ ......_ Too ry Publ; 7? l _-C C/ -
My commission expires 898 }
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