HomeMy WebLinkAboutOrdinance 2258 ORDINANCE NO . as S8
AN ORDINANCE VACATING CERTAIN EASEMENTS GRANTED THE CITY OF FAYETTEVILLE BY
RHODA B . MHOON AND BY JAMES SHULER AND WANDA SHULER .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 . That the Board of Directors hereby vacates and
abandons all the interest of the City of Fayetteville , and of the public
generally , to that property described in an easement granted by Rhoda B .
Mhoon , a copy of which , marked Exhibit "A " is attached hereto and made
a part hereof and to that property described in an easement granted by
James Shuler and Wanda Shuler , a copy of which , marked Exhibit " B " , is
attached hereto and made a part hereof .
PASSED AND APPROVED THIS a() t/t DAY OF 1976 ,
APPROVED :
MAYOR
ATTEST :
CITY CLERK
CERTIFICATE OF RECORD
St: :tc of Arkans:'s ( SS
Cii � * of Fayetteville
1 Suzanne C. Kennedy, City Clerk and
Officio recorder for the City of Fayetteville,
da hereby certify that the an ncse1 or fore-
i'ig is of record in my office and t'-,e same ap-
nears in Ordinance fa Resolution .book
_ V at pageLi_(I-. Witness my
Ad and seal this- ----- --day of
City Clerk and E--O fi in ',e - n•lcr
DATEO I T 1D5 1918
DATE�—
REEL�LZ�—
6S '
FLED
FUR RECORD)
876 AUG -3 pp 2 I 1
ORDINANCE NO . ao� SB V�ASHIAGiGF! I UNTY
ALMA j 0L1`';1S
CIRCiIIT (.L�IF7` YER
AN ORDINANCE VACATING CERTAIN EASEMENTS GRANTED THE CITY OF FAYETTEVRLt BY
RHODA B . MHOON AND BY JAMES SHULER AND WANDA SHULER .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS :
\ Section 1 . That the Board of Directors hereby vacates and
abandons all the interest of the City of Fayetteville , and of the public
generally , to that property described in an easement granted by Rhoda B .
Mhoon , a copy of which , marked Exhibit " A" is attached hereto and made
a part hereof and to that property described in an easement granted by
James Shuler and Wanda Shuler , a copy of which , marked Exhibit " B " , is
attached hereto and made a part hereof .
PASSED AND APPROVED THIS cQ6 tfi DAY OF L 1976 .
APPROVED :
MAYOR
iaYtl`
C ' .ATTESW - .
CITY CLER
BOOK 912 61�
.. rL' .. of _OOav Grant • .
Pi: P,ti 1^'o
i
the consideration first above recited as being paid to Grantor by Grantee is in
full s:, a sfacti on of every right hereby granted. All covenants and agreements herein
ccntai :rd sha-ll extend to and be binding upon the respective heir3 , legal representatives ,
SaCCC55orS anC aSS11�n of the parties hereto .
I those cases .,here husband only owns the prouerty and the wife is living ,
= ser-� the following clause .-
wife of .said
for and In consideration of Said 5:1:1 of i-oncy, do hereby release and relinquish unto
the Grantee , its successors and assigns , all my right of dower and homestead in said
premises to the extent of the rights and privileges granted by this deed .
It is hereby understood and agreed that the party securing this grant in behalf of
the Grantee is without authority to make any covenant or agreement not herein expressed ,
W17NFSS the execution hereof this the' 29th day of Varch ,
19 67
STATE Or AR:4rtPiSA5 )
COUNTY 0? WASH-UNGTOii )
B3 IT RE'I.tiMMED, that on this . date , before me , a Notary Public within and for
;
said County and State , duly co-umissioned . and actinoersonall appeared
� ^
P Y PP
to me well known as the person( a) who executed
the foregoing Right of Way Grant, and that 'sho had executed the same for
the consideration and purpose therein mentioned and set forth.
I
cSS my hand and seal on this 29th _ dey of Larch , 19. 67 I
Cel,
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C YNq"Lary Public
I�� Co,si'S mon expires rte•; G� i
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613
RIGHT OF
Wt .A ' GRANT `
Tac:Tr;O. ......... .... .... F rELCL
CORRECTED RIGHT OF WAY GRANT
ST:1TE OF AfF%ANS:1S I-
0 n J� 177 .(`' (1 ( ! 1
COUNTY OF WASHINGTON } KNOW ALL MEN BY TfIESE PRESENTS. - l� U 1
That for and in consideration of . .. , One. dollar_.($1„ 00 � ._ .___- '70 DEC - 2 P1•r 2 . 37
. . .... . ... .
and other valuable considerations to the undersigned, ? . . . .- tl: l C7 • Y
.. ,• �
wife, under escrov+ . contrac .. from, Rhod,a_p. ,_: MhoonVand..Uel.m tl't �y%yiiij eta Unnd
p^ id, the receipt of which is hereby acl nowlcdged, the said Grantor dors hereby GRANT, SELL AND COVEY uat.o
the City of P'nyetr, vrpe, Arkansas, a municipal corporation ( herein styled Grantee) , its sgns, the r;L t
Of way ane; casement to construct, lay, remove, relayuccessors and assi
, enlarge and operate a water imd/or sewer Pipeline arar:cs,
tSree....... .. manholes, and appurtenances thereto, on, over, across, and under the following described real estate, to-wit:
Part of the Northwest quarter of the Northeast quarter of Section 23 in Township 16
Borth , range 30 West , described as follows ; Beginning at a point which is 35 feet
South 2 . ° East of a point which is 511 . 5 feet South and 332 , 6 feet South 83r ° west
from the Northeast corner of said 40 acre tract , and running thence south 2j ° east .
526 feet , thence South 83 ° west 209 . 2 feet , thence north 2' '
soutwest 504 . 2 feet to the
h right of way line of Arkansas Highway 16 East , thence North 834 ° east 209 , 7,
feet to the place of beginning except . 05 of an acre in triangular form off the
Southwest corner of said described tract for roadway the said trianale being 343 feet
wide on south side and 66 feet long o
above mentioned, n west side and is not included in the 23- , acres
A permanent easement of 15 feet of equal and uniform width off the entire North side of
the above described real ;estate and a temporary construction easement of 50 feet of
egcal and uniform width off the entire North side of the above described real estate .
Also , a permanent easement of 15 feet in width , being 7 , 5 feet to the East and 7 . 5 feet
to the west of a centerline and a temporary construction easement of 50 feet in width
being 25 feet on either side of a centerline ; the centerline of both being the '
centerline of 12 inch sewer line and more particullirly described as follows ; to watt
Beginning at a point which is 144 - 2 feet South 834° West of the Northeast corner of
the above described real estate, thence South : 2i ° East 526 feet to
of the above described real estate . the South line
TO I-TAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, man_ `
holes and/or appukenances thereto shall be maintained, with ingress to and egress from the real estate first hcrcinahc -:e
described for the purpose of constructing, inspecting, maintaining and repairing said lines, manholes and first
heappurtctsances of Grantee above d^scribed, 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 coo_
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 writ
such three persons shall be final and conclusive. ten award of
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
representatives, successors and assigns of the parties hereto: the respective heirs, leg l
It is hereby understood and agreed that the party securing this grant in behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
1 � 1
WITNESS the execution hereof this the .. .... ... -� 0
day of 1 j 7
...... . . ..
- 9.. ....... ..
,r�, '..., � . ... ...... .. . .....:.... �L G
• • ., carr .
V!! OW; LEDGMENT
9Iz
i91 614
:r,�>; rYt�f�tt1`nvrrr ::croN
that on this (late, before mc, a Notlu'y Public within and for said County and state duly
ii
1
eonal.;j ja r;, ;}:;(1, �etinZ, personally appeared . Jaws? £i,11U.1;R1'. . Utt<l 1'ia r' i
_ oda. . , l;t.ticr, , ht , laZnd. and.. .., to me Well
knriv.-r as t };c person (s) who rxrartcd tl,e forrl;oing Ril;bt of Way (; rant,ran(1 that 'they had
for the cr», drration and purpose thcrrin mentioned and�:t forth. I ._ had executed the
1VIT:':ESS my hand and seal onj n
... ........ ......... . day of
Afy eo:r.mision cxpir C /�'�`�I<_: 1. /. e •� .. . .�� �: 71 . ..
1
• rte. ..• tx. : . %
RIGHT OF WAY Gi MFL i• ILL• U t' Un iiLCUI%U
p
TRACT NO s8
i
STATS ^ 7 1
OOU;ii"1 OF WASku vGTON ) " tL� 0W ALL I�i BY THESE FRESaITS : �;: � � I ,;
That for and in consideration of F .i it v Throe & 7ti /Vd0
and .other valuable considerations 'to the undersigned, ?.ilofl0 n
s
paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRAt7T, SILL
-and DMOrMl unto the City of Fayetteville , Arkansas , a muni
acipal corporation ( herein
styled Grantee ) , its successors and assigns , the right of fray 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 follow
ing described real estate, to-wit :
Part of the Northwest quarter . (N.d-y ) of the Northeast quarter (NE- : ) of
. Section 23 in Township 16 North of Range 30 West , described as follows ,
to -wit : Beginning in the center of the Huntsville Road at a point
which is 7 . 75 chains South and 5 . 04 chains South 83 � degrees West from
Northeast corner of said 40 acre tract and running thence South 22r degrees
a
East 7 . 97 chains ; thence South 83 degrees West 3 . 17 chains to center of
Huntsville Road ; thence :forth 83 'r degrees East 3 . 17 chains to the point
of beginning , containing 21, acres , more or less , , Bxcept . 05 of a'n acre
in triangular form off Southwest corner of said described land for road -
way , said triangle being 52 links wide on South and 1 chain long on West ,
and not included in ?k- acres above mentioned .
An easement 50 feet wide being 10 feet North and 40 feet South . of a line
being described as follows : Beginning at a point on the East property
i
line and 4ra feet .forth of the Southeast corner of the above described
property sThence S 78 ° 51 ' W , 91 . 4, feet to the P . C . of a 5 ° curve ;
thence along said curve 123 : 6 feet to the West property line and' 3�5„ feet
••r
Northwest of the Southwest corner of the. above described real. estate .
TO HAS' PAID TO HOLD unto said Grantee , its successors and oassa.gns , so long a
such pipe line or lines , manholes 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 p11r-
poses 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 roil,
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 hdi h water, and to .pay any da:-7ages
which may a_:7io . to growing crops o fcncos fro^ tate cons- truction , maintenance and
operation as deter� d ned by three dirintereJtod ;iarJons , one thrreof to be appolnt•:� d by
the said Grantor ; one by the :inial Grantci: ; and the third by the two :3o appointed .`tS
aforesaid, and the xritten aWard of such throe per:.ons shall be final and conclusive .
And, Grantor does hereby bind himself, hi. c hairs and assigns , to warrant and delfand
.the title to said ri. ;t. of way find oaJement unto the Grantee , its 011CCCaSJTJ and assigns ,
a.ainst all claims . dOGi . 91Z 612
The Granter af;rcos not t.o erect any build :rfs cI• st; ucturcJ in said right of way
other :th.ul foricos and said .fence ;; ohal.l not oxceod six ( 6 ) feet in height .
i
The: Gr:untee :hall have the richt to construct addi. tlunal pipe l . ncs upon tho abovo
GCJCrib ad Cavi C.T<<?nt :it• any tiie .4 I1 the .LUtare aild r f;T•ce3 to I:<ly :111:;" damayeJ A;l a
'r�u^^let of such .rutuIe coals tree tInn rL'1 sat oM in tivi. 1i CaDGTc:riG .
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 a true and correct copy of the Fayetteville ,
Arkansas , therein set forth ,
and the same is as it appears of Record in
, Volume _
at Page _ /7% thereof .
IN WITNESS WHEREOF , I have hereunto
set my hand and affixed my official
seal this alzz:�4 day
of
19 / �a .
-S •E A. L ')
�. ! CITY CLERK
� � 4 { t � •
aor,� 912 EU
- t
CER [0cpIE �F RECORD
Reco
S SS. rdartor
St ATE OF ARF'.ANSA Ex•Officio or tore'
„ton county Circuit NOTA , the annexed
and
Was ollm°Y°r tha' on the JOY
I. Alma L. K do hereby certify toe
County• t r rentor•{ rn m M and the samai r I
Weshingt°n =1 /1C°t2t—� I.:loc at Pa Be (fin rl
golnsinstr xrentwas y/
record
eal tof
p5a my. hand and this day0'
er and .
.pfficip Reco
rd
BY Osputy cleric