HomeMy WebLinkAboutOrdinance 2484 FILED FD.f3 +t ;DML;
Ij73 rcvi 13 ,F,3 .- 47
ORDINANCE NO . ; 7 d ' '1' ` ' 1"1` a :T INT if S,E2iT,-
AL.'A aBL'LiKE'Y,ER
\ CISGUI T C—!i
AN ORDINANCE VACATING AND ABANDONING CERTAIN WATER AND SEWER
EASEMENTS IN TOMLYN VALLEY ADDITION TO THE CITY OF FAYETTEVILLE .
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 of its right , together with the rights of
the public generally , in and to the water and sewer easements
marked Exhibits "A" and " B" attached hereto and made a part
hereof .
PASSED AND APPROVED this / day of
1978 .
APPROVED :
( 2z
" ice -Mayor
- �vlow
el
ML
f. . t CITY i
r '
N '
CE1411r1cATE JF 3 EU3 ; uL)
State of Arkansas I -S
City of Fayetteville f
I ANge1R R -hledlock
C'i,-y C. .,
e;is and L'•.-
O flcio recorder for the City ofievili,,.
v; e
do hereby certify that L'Ic aanexcd or fore-
doin� is of record in my office and the same
ap�p�ears in - r --------- book
at page 133----- - ixi:tners my
ban and seal this _�Z�p______ day of
MICROFILMED City rk and Es-Officio ^^corder
DATE JLN 1s 1979
REEL�ti fm 979 L99
I
RIGHT OF WAY GRANT
TRACT NO. .. ......................
STATE OF ARKANSAS
COUNTY OF WASHINGTON KNOW ALL MEN BY THE PRESENTS:
One Dollar ( $ 1 . 00 )
That for and in consideration of ............._...............-......... ----.... ............................................................. .. -....... .....................
and other valuable considerations to the undersigned, .... .... Carl Schaefer , a single man
........................ ............. ............. . .. .._._.- - ---._.... .
............................................ . .......................................... ........ ................................................................ .......................................
paid, the receipt of which is hereby acknowledged, the said Grantor docs herebv 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 tinder the fcllowing described real estate, to-wit:
A permanent easement of 20 feet in width off the North side of Lot 15 of
1-omlyn Valley Addition to the City of Fayetteville , Washington County
Arkansas . More particularly described as follows , to wit : Beginning - at
a point in the Northeast corner of the said Lot 15 and running thence .
Westerly on and along the North line a distance of 115 feet .
c�
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 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 feasib!e, to a sufficient depth so as not to interfere with cultivation
of soil, and that manholes will be constructed flush with the surfzce 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 any time
in the future and agrees to pay any damages as a result of such future construction as set out in this casement.
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, SULcessors and assigns of the parties hereto.
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.
WITNESS the execution hereof this the ..................3. ........... day of ..... . .A�7f t. � .. .._.. -_ _...... ..... .) 1974 .
979 200 ----- --- -------- --/.... . . ---------------
A C K N O W L E D G M ENT
STATE OF ILLINOIS dG0 01-)
COUNTY OF
BE IT REMEMBERED, that on this date, before me, a Notary Public within and for said County and State, duly
CL V I 56 f f ,;u J,7to me wellcommissioned and acting, personally appeared .-.......-- ..........................................
known as the person(s) who executed the foregoing Right of Way Grant, aAd'that ' ..:.h .. had executed the same
for the consideration and purpose therein mentioned and set forth. t
WITNESS my hand and seal on this .............. RD....._... day of .... .::" ....Pf ... .......... 19. x°....
......._. . .............. .................
M commission
My commission expires .......1'.I ..'._4..!-�..�.......................... Notary Publi
� SrLl - 1 , S - C1 - 2 , S - -6 , ,t
L
�
- C4-•2 , ss = 1 , RIGHT OF WAY GRAN i
' S - C3- IA', S - 0- 1 S - C4 - 1 , S=C3 - 2A
- TRACT NO. ..S-C-7...........
STATE OF ARKANSAS KNOW ALL LEEN BY THESE, FRESE rTS:
COUNTY OF WASHINGTON
One Dollar ( $ 1 . 00 )
Thatfor and in consideration of ........... ...........__.............. ...................-----------. ........._..................- .... ....... ....... . ... ........... ..... ..
and other valuable considerations to the undersigned, ... ..._Clark Investment Company , Inc .
. .. . ...._.._............. ... . ......... .........._......... ... ........... . .
........................ .................... ....................................................._..... .........................................................................................................
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 :
20 foot water and/ or sewer easements of equal and uniform width located in the
Tumlyn Valley Addition to. the City of Fayetteville , being more particularly
described as adjacent to and contiguous with the following lot lines of the said
Tomlyn Valley Addition :
( 1 ) The North lines of Lots 16 , 20 and 21 .
( 2 ) The East lines of Lots 13 , 16 , 17 and 33 .
( 3 ) Along the North side of existing 10 foot gas easement thrtti; . ' _
Lot #33 .
( 4 ) The West line of Lots 22 and 30 . Zz- ' .
Also adjacent to and contiguous with the East side of the Arkansas Western Gas
easement thru lots 18 and 19 . Together with 20 foot temporary construction
easements adjacent to and contiguous with the permanent easements .
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 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 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 behalf of the Grantee is without authority
to 'make apy covenant or agreement not herein expressed/.
• v i - .' Imp WITNESS the execution hereof this the ..._.:.. �.�-�.fG.l... _......... day of .._.........��=. _� !:±.�'�Ef..._._....... .., 19..77
n --+
Q.
. r
2d1.. . ........ ,: . ....
00
` ACKNOWLEDGMENT _ T ('. !l P :�
J 0
STATE "OF .ARKANSAS ) . n_ '.' �S0
COIk;TY. bit•'ilv �.5hta4T.v ) I
� •' B T RE;`1EMB'EREO , that on this date, before me, a Notary Public tirhin and for said
Cout � 1S�tate; duly commissioned and acting , personally appeared Clark Investment Company ,
I c . by its President , Lemon Clark , and Secretary
L , to me well known as the persons who executed the foregoing Right of
Way %Grant , and - that they had executed same in behalf of said Corporation for the con -
siEP ;&tion and purpose therein mentioned and set forth..
WITNESS my hand and seal on this
day of
� Notary P Dirt
M, Commission expires C rl 7S'
CERTIFICATE OF RECORD
SrA TE OF ARKANSAS I
Washington County I SS-
I, Alma L. Kollme
Washin Yer, Circuor it Clerk and Ex-Offio Recorder for
gton County, do hereby
going instrument was filed f certify ci
that the annexed or f
of r in m Office on on the 13da
dutyr 19Aat 'clor. Y
ecMY h in ' 'I d these
Witness record me is
MY hand and seal this (;�y� �� at page19.9
day of 19`
Circuit Clerk and
Ex-Off' io ecorded
BY
O utv Clerk
EXHIBIT A
AN EASEMENT DESCRIBED AS FOLLOWS :
A permanent easement of 20 feet in width off the North side
of Lot 15 of Tomlyn Valley Addition to the City of Fayette-
ville , Washington County , Arkansas . More particularly described
as follows , to wit : Beginning at a point in the Northeast
corner of the said Lot 15 and running thence Westerly on and .
along the north line a distance of 115 feet , which easement is
recorded in Book 995 at page 473 .
ExHiair B
AN EASEMENT DESCRIBED AS FOLLOWS :
A 20 foot water and/or sewer easement of equal and uniform width
located in the Tomlyn Valley Addition to the City of Fayetteville ,
being more particularly described as adjacent to and contiguous
with the following lot lines of the said Tomlyn Valley Addition :
( 1 ) The North lines of Lots 16 , 20 , and 21 .
( 2 ) The East lines of Lots 13 , 16 , 17 , and 33 .
( 3 ) Along the North side of existing 10 foot gas
easement through Lot 33 .
( 4 ) The West line of Lots 22 and 30 .
Also adjacent to and contiguous with the East side of the Arkansas
Western Gas easement through Lots 18 and 19 . Together with a 20
foot temporary construction easement adjacent to and contiguous with
the permanent easements . This easement is recorded in Book 898 at
page 820 .
STATE of ARKANSAS 1
} ss.
County of Washington
ND I, ... hereby certify that I
N A ( t-[Y ISD am the Publisher of THE NORTHWEST ARKANSAS TIMES, a dally
IN DiMLYN newspaper having a second class mailing privilege, and being not less than
-L . d DITnIN TO TnE CITY OF
E`f`TJiA lUagesie. four pages of five columns each, published at a fixed place of business and at
PEfTO 'If1E dP a fixed (daily ) intervals continuously In the City of Fayetteville, County of
'. CITY_D
aEtT )
� A ILLE. Washington, Arkansas for more than a period of twelve months, circulated
eby ' I. l les and abandae • {la n
rand distributed from aestablished place of business to subscribers and
r by va
an, togemer with the r q(the Public readers generally of all classes in the City & County for a definite price for
d rx•rally, 9n ad to the fawaf
semenls Inartd 6xbi Its. and Alto each copy, or a fixed price per annum, which price was fixed at what is
ached hertb and made��ppaiPhoned considered the value of the publication, based upon the news value and
•PASSED TND APPnOVCD%Me 7th day
of November, Iiia. service value it contains, that at least fifty percent of the subscribers
AFPROVTD: thereto have paid cash for their subscriptions to the newspaper or its agents
' vide-n1,�pyd«d or through recognized news dealers over a period of at least six months ;
'. rttsT. and that the said newspaper ublishes an averse of more than fort
bel, a MeJ{tin, P B Y Percent
IN Clerk news matter.
„•aIi
s EnskME r IsnEscats I further certify that the legal notice hereto attached in the matter of
Ua6c
the North side
ide a( d1I fee
the North sided Lot 35 d (y
i i. h Addition le de CIyy Me, .��.QDilY14NC --(V-d-_ 4 C
.h�uU'. Ariadta. t6we r — -_--__–I__—.._._
J.arly as tonOw! tki wltl n /
, g ata iYtle NdtAt4et a0tfn�� d was published in the regular dally issue of said newspaper for
the sail tnhlxaaidsheasng ttlsWeser. - -.-.
iyPn and northpnf adiataate or oraoWive Insertion,I as follows :
ns len, meat is recorded in
I1aok 995 a1W r it
AN RX
IBIDPScftta$D .t AS The first insertion on the ___1 1 . .. .... day of ._f..1.0 ✓' - . _- 19_ g
FOLLOtAYt ._ _.__ - .
AfulootwNAM sewer eafameatd the second insertion on the ____ .___ ._._ day of _____________ 19- ---------
N sad,�=tAd width Ineatad is the
Ton " VJpay AddInto to the City d
ea.Ntevni . . being Ynore particularly the third insertion on the - -. ___ _.__..... day of ........ ...___.__----- 19_-__-__
'. xnMd as tljaesi l In and rantigues s
- th to ion= Ask lines d the saM
Avn Valley MM cm and the fourth insertion on the _ . ._____ .__ day of _--__-- 19---_-----
The North lines Of Loll 16, a9, and 21
The Basi hoaad I.ob 19, 16, 17, and 31. ti r. �• �.. r�
th6ng the Nordl side d existing to foot �,•: f�;,y.'S,/
easement through Lot 33 ^.^;`<`1L.
Pheµyj'eslbMdLob 'Y2 and 3B. ---`
t'so atlJarenn Id and cont aolu with the
III side of the Arlumsas Western Gas
,01111"tla mt ILII Lalead Iv. Togs, Sworn to and subscribed before me on this .__ `�i_400... day of
th a Wfool temporary tautrnetioa
Il
n adiacent and .,,nliguous w3
- . •.m� Thi. rice �Y
._-.----------------- -- 19---
NotafiI Public
My Commission Expires :
Fees for Printing ----..-
Cost of Proof _ -------- _-----.._-''—----------
Total ........._.---