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HomeMy WebLinkAboutOrdinance 2335 � ORDINANCE NO . '77 JuK � AN ORDINANCE VACATING AND ABANDONING AN EASE I,TTmmFFO z A'1 8. 7. 4 PRIVATE DRIVE ON PROPERTY OVERLOOKING LAKE SEQUO %.AUNTY ALM,gr;{ � ' S S WHEREAS , the City of Fayetteville , Arkansas h &ZC{� � bfiore granted Herbert A . Lewis , Sr . , his successors and assigri ; tln easement for a private drive across property overlooking Lake Sequoyah Dam ; and WHEREAS , Jeremy Hess has subsequently purchased said property from Herbert A . Lewis , Sr . ; and WHEREAS , said Jeremy Hess has requested that said easement be vacated and abandoned . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : That the easement attached hereto , marked Exhibit " A" and made a part hereof be , and the same is hereby , vacated and abandoned . PASSED AND APPROVED THIS DAY OF , 1977 . APPROVED : MAYOR CERTIFICATE OF RE CORD State of Arkansas City of Fayetteviile r SS dI, Darlene Westbrook, City Clerk and Ex- oficio heeby ce,-ti for the City of Fayetteville, certify going is of record ithat the annexed or fore. u my off' and the same appears innnoE -`—��h book at page Witness my hand and seal this ayC �---- day of ism. �(yy32 571 DATECity Clerk and Ex_Offic, aDAIS MICROFILMED Recorder 1 7 1979 • REEL��—• EXHIBIT Mor • J 7(y JUL 10 I : 56 SrI,PiC ?nr,� EASFD4EN'P ;i iP:. . Fi` 5 C"UNTY L ( CLFRI KNOW ALL MEN BY THESE PRESENTS : That , the City of Fayetteville , Arkansas , a municipal corporation , the grantor herein , in consideration of the sum of One Dollar ( $ 1 . 00 ) and other valuable consideration to it paid by Herbert A . Lewis , Sr . , the grantee , herein , receipt of which is hereby acknowledged , does grant to the said Herbert A . Eewis , Sr . an easement over the following described ,real estate for the sole purpose of use as a private drive to landlocked property owned by said Herbert A . Lewis , Sr . , to - wit : A strip of land 25 feet in width lying in the Southeast Quarter of the Northeast Quarter of Section Seventeen ( 17 ) , Township Sixteen ( 16 ) North , Range Twenty - nine ( 29 ) West , the centerline of which is described as follows : Beginning at a point which lies 12 . 5 feet South of the Southeast corner of the NE Quarter of the NWk of the SE', of the NE4 and running thence East 299 . 3 feet to a public road , City of Fayetteville , Washington County , Arkansas . TO HAVE AND TO HOLD said premises to said grantee , Herbert A . Lewis , Sr . , his successors or assigns only so long as said premises are used by said grantee , his successors or assigns as a private drive . Should grantee , his successors or assigns at any time abandon the use of said premises , or fail at any time to use the same for said purpose , or subdivide or otherwise develop the landlocked property served by this easement , the right hereby shall cease , and grantor shall at once have the right to resume exclusive possession of said premises . Grantee , his successors or assigns shall maintain said private drive and keep the same in good condition and repair on the premises hereinabove described as long as the same shall be maintained thereon , including the maintenance of any and all paving thereof at its sole expense , and in this behalf agrees to indemnify and save harmless grantor against any and all such cost and expense . Grantor reserves the right to use the above described premises for any purpose not inconsistent with the right and priviliges granted to grantee . = � 0 032 572 This instrument is subject to all valid and existing contracts , leases , liens or incumbrances which may effect the above described property , and the word grant as used herein shall not be construed as a covenant against the existence of any thereof . 873 P�: Witness our hands and seal on this day of 1974 . CITY OF FAYETTEVILLE , ARKANSAS A Municipal Corporation By MATUR LLiY L � iGC ATTEST : ! A f fil + _ CITY. LER ACKNOWLEDGEMENT STATE OF6-' H.RKANSAS ) ss . COUNTY OF WASHINGTON ) On this day of 1974 , before me , ersigned officer , a Notary Public , duly commissioned , qualified and acting , within and for the said County and State , appeared in person the within named Russel Purdy and Darlene Westbrooke , to me personally well known , who stated that they were the Mayor and City Clerk of the City of Fayetteville , Arkansas , a municipal corporation , and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said corporation , and further stated and acknowledged that they had so signed , executed and delivered said instrument for the consi - deration , uses and purposes therein contained and set forth . IN TESTIMONY WHEREOF , I have hereunto set my hand and official seal this C�l day of , 19744 7l v • f oe ar irpt . • n . I 932 X73IRP .,ky, ,o My Commission Expires : F.: i r, w I ERSIFICA�E OF RECORD IlvwASP5 SS• tf'iclo Recorder for re- StATE �nEtO County , Oircuit Clerk and t to anne%ed °1 day �MaL.Koii YyYdotwe °eartythat' 5tica ndthasamar�✓f� un W�inBton c e^t Was I-%xen f%flr re ci cK at n' o5n8i trum 1H�lat record 9t' B yof / of a ai ttdsand i aAl du1Y raco nand and sa IerK and Witness mY circuit lci0 C Record �,Off BY Qeouty c1erK .