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Home My WebLink AboutOrdinance 2409 �s. S • J n L �, . &. FVLE 0- FOR RECORD '',78 FEB 13 AR 10. 15 CAIORDINANCE N0 . c� D FYASMINGTON COUNTY ARKANSAS ALMA KOLLMFYD; AN ORDINANCE VACATING AND ABANDONING AN EASEA NtVT CI. FRK ACROSS CERTAIN PROPERTY OWNED BY MR . AND MRS . ROY ADAMS AND MRS . LEE SEAMSTER . BE' IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY rn OF FAYETTEVILLE , ARKANSAS : Section 1 . That the easement attached hereto marked Exhibit "A" , and recorded in Book 652 at Page 61 of the Deed Records of Washington County , Arkansas , is hereby vacated and abandoned . 197 PASSED AND APPROVED THIS & day of g APPROVED : MAYOR -CITY CLERK ® 047 202 MICRO%" DATE 7 REEL.___p L_\ ._. � . , _ l 652 PA8U 61 EXHIBIT ' A F o - . :' Fi• '' !` `' ' , , TRACT NO, R1G1:T OF :':AY RANT CpO , 2,-4Q -w STATE OF ARKANSAS ) KNOW -ALL MEN BY THESE PRESENTS: COUNTY OF WASHINGTON ) ;i ➢' Zai Fs ; u That for and in consideration of'! One and 10 / 100 Tnnttars( _. and other valuable considerations to the undersigned , Roy Adams and _rTelen 'Adams husband and wife; and Fannie Seamster , surviving widow of Lee Seamster; ; :" - .paid, the receipt of which is hereby acknowledged , the said Grantor does hereby GRANT , SELL AND CONVEY unto the City of Fayetteville , Arkansas . a municipal corporation ( herein styled Grantee ) , its successors and assigns , the right of way and easement to con- struct , lay , remove , relay , enlarge and operate sewer pipe line or lines , manholes , ' and appurtenances thereto , on over , across , and under the following described real estate , to - wit : The West Half of the Northeast Quarter (NE 1 / 4) of the Southwest Quarter (SW 1 /4) Of Section 2_0 ; the Northwest Quarter (NW 1 / 4) of the Southwest Quarter (SW 114) of Section 20 , except three (3 ) acres in the Southwest corner of the NorthwestQuarter (NW 1 /4) of the Southwest Quarter (SW 1 /4) described as follows : Beginning at the Southwest comer of said Northwest Quarter (NW 1 /4) of the -Southwest Quarter (SW 1 / 4) , Section 20 , thence East 40 rods , thence North 12 rods , thence West 40 rods , thence South 12 rods tothe place of beginning , all in ToyiguLb n �North , Range 30 West , and containing in all 57 acres , more - or less . A permanent easement of 15 feet in width , beag 7- 1 / 2 feet on each side of a . centerline , and a temporary construction easement , for period of not to exceed one year fror the date hereof, of 50 feet in width , being 25 feet on each side of a centerline .' The center - - - line of both easements being the - centerline of a 12 inch sewer line , as constructed, and more particularly described as beginning at a point in the east line of the above described property , said point being 660 feet west and 846 . 25 feet south of the center of Section 20 thence North 49044' West 785 . 36 feet ; thence North 220001 West , 275 feet; thence North 330 30e West , 100 . 37 feet to a point in the' North line of the above described real estate , said point being 1417 . 67 feet west of the center of Section 20 . TO HAVE AND TO HOLD unto said Grantee , its successors and assigns , so long as . such utility 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 vAll , in whole or in part . The said Grantor is to fully use and enjoy the said premises except for the purpose : hereinbefore granted to the said Grantee ; ` which hereby agrees to bury all pipes . to a suf- ficient depth so as not to interfere with cultivation of soil , except that manholes will be constructed flush with the surface of the ground , and to pay any damages which may arise to growing crops or fences from the construction , 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 not to exceed five ( 5) feet in height . 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 con- tained shall extend to and be binding upon .the res_per.ViVe heirs , eg tives , successors and assigns of the parties hereto �� It is hereby understood and agreed that the party securing this grant : I behal the Grantee is without authority to make any covenantor agreement not herein _ _ :Dressed .' WITNESS the execution here this the �( = day of March 19 65 ACKNOWLEDGMENT - i0 /( 233 _ STATE OF ARKANSAS ) SS COUNTY Or WASHINGTON ) ' Bi? IT REMEMBERED that on this date , before me , a Notary Public within and for said Cou1: y and StSei duly commissioned and acting , personally appeared Ro cerci Ada it , ' end "r"elc l . dunk , ` to r :e vqcll known as the person( s ) who executed the fore. tioiner. ai:d stated that they had executed the same for the consideratior. asci ' t urpose Ci eft rnentioned ani :: et forth . �'iIT : ='SS my Band and, seal on this day of March 1965 Y ICO :.11711•_ J10:1 e%n ; res �• r \ . '/ , . !trf CERTIFICATE-OF -ARECORD STATE OF ARKANSAS ] Washington Coaniy ] SS. I, Alma L. Kollmcyer, Circuit Clark and Ex-Officio Recorder for Washington County, co I-.�reby certify that the annexed or fore. going instrumc ni vcs filed for record in my office on the /3day of �ACb (�1978�atL0-1lSock-04M, 'and the same is duly recorded in___LNcSt.Ol,_recordat page Witness my hand and seal this—) day of_ 19� ircu rr ,..1 Ex-Cfficio Recorded By it Depu Clerk o . . STATE of ARKANSAS 1 1} es. County of Washington Y"– --- ' : _-., hereby certify that I am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of live columns each, published at a fixed place of business and at a fixed (dally) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes In the City & County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is oaDINANCENo,tw - considered the value of the publication, based upon the news value and AN ORMANCEwiWGTING AND service value it contains, that at least fill ABANDONING AN,EAStMENT"ACROSS y percent pa the subscribers CERTAINIP.ROP , y WNED•BY MR. thereto have paid cash for theft subscriptions to the newspaper or its agents ANDggG ADAMS ANDiMI15LEE or through recognized news dealers over a period of at least six months; 9EAMSTER. and that the said newspaper publishes an average of more than forty percent BE IT oRDAINEDi9 GI H an I FA DIRECTORSrOP ,� news matter. TEVILLE. ARKA.^1S enl attached seed"" r' That d Exhibit�` eaA". I further certify that the legal notice hereto attached in the matter of in t of th and recorded in Baan erl�et�AJO ^l the DKd Records d Wmhiglan��o Yom, rkansae. Is hereto . �j vecandeMr PffiovEDRHRO Y ' ('` m24 7 an T s APPROVED: - -- � -_-. ---..- -- ----- -- .--_ -_- �-- ---_� at EyLarnca4er MAYOR was published in the regular daily issue of said newspaper for--------- --------- __... ATI'ESTj 49ReeeyUt Insertions*as follows: Dail– t City Cl�rlr ( (seal J The first insertion on the ----------1\.----_.---- day of ------- _-- 19.92 the second insertion on the ............. --- --------- day of _ ............_-------- 19------------ the third insertion on the -------------------------__--- day of ---------------------------- 19------------ and the fourth insertion on the ------------------------ day of -------_-------------- t4 Sworn to and subscribed me on this ..__-_�`_---------- day of ----_--.---_ ---..._._......'---------- ��G' _zC Public My,Commission Expires : L Fees for Printing --------- _....-.A.IAL 3— Cost of Proof -----------_--- .......... 4`----_-_.. Total ................ _ --- - - ------ STATE of ARKANSAS County of Washington ss. hereby certify that I am the Publisher of THE NORTHWEST ARKANSAS TIMES, a dally newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at a fixed (daily ) Intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City & County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is ORDINANCE NO3M considered the value of the publication, based upon the news value and AN ORDINANCE VACATING AND service value it contains, that at least fifty percent of the subscribers CERTAIN ABANDONING AN EASERY"oe NEEDT BY Mn thereto have paid cash for their subscriptions to the newspaper or its agents CERTAIN IaDy ADAM AND MRS, LEE AND MRs. ROY ADAMS or through recognized news dealers over a period of at least six months ; S BE E S EIT , Fp gY TRE BOARD OF and that the said newspaper publishes an average of more than forty percent DIRECT0R5 OF CITl"'OF F'AYET- news matter. TEVILLE' ARKANSAS : Section That the eaaem 1 enl attached hereto m6Ad Exhibit "A '. and recnrdd I further certify that the legal notice hereto attached in the matter of in Rook *2 2 P•/61 of the Deed Records el Waehi&W a Caeull a Arkansas, I hereby ,eatd.r•e.oenn•d. THIS le axr --��kk�� ^�` ` �a � � ort Ai8 - - APPm1Y'9P e.L. 6: Lkknnrrf� R ��J, MAVoa was published in the regular daily issue of said newspaper for . .__--- AT1'l3a : , - yip, aeaaeeetWa insertione-as follows : D•li6d v— CilyC (Sal) The first insertion on the ----------- day of ..... 1_4-- Itcll the second Insertion on the day of _____._.___..- 19---------- the third Insertion on the day of __------ ...... 19------------ and the fourth insertion on the day of .-------------------------- 19---------- Sworn to and subscribed before me on this . _._ .[�__ __ day of -.__------ _ — .--...._..... ...------=-=5- No Public My Commission Expires: -- Ci r e 4 / y� Fees for Printing __.... _....-.A-i_.� Cost of Proof --------- ----------- r --- --.__ Total _..-_._.... _-.._` .A.4.�Q.----.