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Home My WebLink AboutOrdinance 2522 OR R ORDINANCE NO . � Sa J 1 t,9 8 84Y e�ORD PVIAS/JAN ORDINANCE VACATING AND ABANDONING A WATER4Q, Ca Pel 00 C EASEMENT ACROSS PROPERTY OWNED BY MANUEL BRADSHAW . 0/RC ��U�r( � �qRx BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY R� OF FAYETTEVILLE , ARKANSAS : Section 1 . That the Board of Directors hereby vacates and abondons all of the rights of the City of Fayetteville to the easement attached hereto , marked "Exhibit A" and made a part hereof . � C PASSED AND APPROVED this / ^ - day of 1979 . APPROVED : � � MAYOR ATTEST :ATTEST : ,. nr � llc t j C TY. CIORK •.�Gi; CO:Itt � t . , Usti CERTIFICA`T'E OF RECORD CERTIFICATE OF RECORD City oti ipa : ea-eaiL'e ss STATE OF AR;QANSAS I, At!?8;ff R. .7,,'c,1 - :Ii, ciiy Clerk IIIId .ES- Wcshin> on County I SS. O; fer fC'y of F-i}'ei;evii�C, I, Alma L. Kcllmeyer, Circuit Clerk and Ex-Officio Recorder for ca,i.=:f`' z:, 2 too :3ni',r;ced or fore- Washington County, do hereby certify that the annexed or fore "` re s,�:rd. ill t3>r n_`;re ;1£:d t'•L g,,tpo going instrument %y5bff�, �i4vr � 'hR,� in my office on the D day Opp; `rS iii Oi-riMance t'.� Reso;ltiotl book � J. A qtk .Nl Band thesame isyl I at iia C 'S (0 vi"itness i-ily duof ly recordd }d 8fi at page 77 Witness my'h'and and 6aF t hcncli[L S021 Gs clay Of dHYiiof 19,Ll gq � 9 :�- •• _ rE-Oft Clerk and {/r J/� - 1 _ _ 1rt Ez-Offici Recoi ---L°—Kd..WC+� jIV-4 - All CttY k2lerk and Ex-Of4"4flaio Itecarlct �` . . . . .. . 9y . %:' 3. 1 Oenuty Clerk AAICRO 1919 i n pp pp fILMFD. JOO 277 REELS A� / STATE of ARKANSAS _ County of Washingto } as. n n .41ROINANCENO. ,:.. Ct1 sS+f� AN ORDINANCE VACATING -' AND ' . . - -... .. _ - . -- hereby certify that I ABANDONING A wATKR LINE . . . ___ -- . _--._ . - _. _ .. .. _ _ _.. ........... ....__-._..-.._ - aiF.NTACROSS PROPERTY OWNF.DBY am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily MANUELBRADSHAW. BE IT ORDAINED BY TUE ROARDOF newspaper having a second class mailing privilege, and being not less than DIRECTORS OF THE CITY GF FAYET- four pages of five columns each, published at a fixed place of business and at TEVILLE, ARKANSAS: seclion.I. That the Board of DirenAtS a fixed (daily) intervals continuously in the City of Fayetteville, County of . hereby vacatesand abandons all GLOW Washington, Arkansas for more than a period of. twelve months, circulated rights of the City of Fayettevilletoahe, eaverneat attached hereto. marked •'Kx- and distributed from an established place of business to subscribers and Hien PASSED Amade a pan ND f.this - t - readers generally of all classes in the City & County for a definite price for PASSED AND APPROVED Ihn 1716 3iy' "�6fi1• of April lY9. , :. ' ' each copy, or a fix price per annum, which price was fixed at what is c . , .y�._ ✓ - APPROVED= ' <;.�.�y:rsi:; ra::. r David lt. Mabne considered the vain of the publication, based upon the news value and �,,,I,. .:_ . , MA,YOit service value it contains, that at least fifty percent of the subscribers ATTEST: a,i. ' . '..� Angela R. atediock - _ thereto have paid cash for their subscriptions to the newspaper or Its agents CITY CLERK or through recognized news dealers over a period of at least six months ; Itc-t .. i r_i . - -- - " and that the said newspaper publishes an average of more than forty percent news matter. I further certify that the legal notice hereto attached in the matter of was published in the regular daily issue of said newspaper for ------ /------------ - ...... -coaBsc4Rve lnsertione as follows: ll /I �r,." q The first insertion on the __.--P---�..__-. day of ---- -�----=---il._.--the second insertion on the - day of ----------------- 19.-----....- the third insertion on the - day of -------------------_------- 19-._--.--- and the fourth insertion on the ------------------ --- dayf of ------- ._ - i Sworn to and subscribed before me on this ----- --------- of ------------------ -Cs'---`--- 19-m 1 -- ------------ ------------------------------ I No Public I ' M Commission Expires: G' Gunk <• l O l f,� v Fees for Printing ........ 5....--.._.-�' 3S Cost of Proof ----- ------ ;--------------------- Total -------"------- 5""..... _3S_ t RIGHT OF WAY GRANT . , ( �XHIBIT` A TRACT NO. G-WF-2 STATE OF ARKANSAS COUNTY OF WASHINGTON KNOW ALL MEN BY THESE PRESENTS : That for and in consideration of .. . . - _. - ... . . _.... . . . . .. .. . . .__ _ ... . and other valuable considerations to the undersigned, Manuel and Donna_Bradshaw, husband and wife.. _ . .. ...... _.- _ .._.._.-. .-.. __ _.. ... .. . ... _.... ...._ ..... ......_........ ... .... ................. _ ..._... ---------- 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,,-{Ite right of way and casement to construct, lay, remove, relay, enlarge and operate a water and/or sewer pillr�line-or lines, ... .. . . . manholes, and appurtenances thereto, on, over, across, and under the following descrj6ed: rea9�esta to-wit: _ Pe rn ,t O PROPERTY DESCRIPTION : Book 742 , Page 16 . 70 A part of the S'2 of the NW-4 of Section 9 , Township 15 North , Range 30 145': in O O EASEMENT DESCRIPTION : cn O A permanent easement 20 feet in width , the centerline of said easement being described as beginning at a point which is located 47 . 5 feet West and 210 feet North of the SE corner of the SIS'; of the NW; of said Section 9 , and running thence N 210 30 , E 941 . 2 feet ; thence N 30 07 ' W 70 feet more or less to the North property line . Also a temporary construction easement 25 feet in width , being parallel to and contiguous with the above described permanent easement and situated on the East side thereof . i 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 any covenant or agreement not herein expressed. WITNESS the execution hereof this the -- _- .-��S-�6t da of F b _.- y _. ��cQF 19 Z9 90 988 278 � J - - - -_ ACKNOWLEDGMENT STATE OF ARKANSAS t „COUNTY OF WASHINGTON cbmmisstor REMEMBERED, that on this date, before me, a Notary Public within and for said County and State, duly BE'IT ®aunty and State, V , ` 4 d aid actin , personally appeared 14 . _.._..-....., to me well known^- as tfi� � . e �crsor�s��who executed the foregoing Right of Way Grant, and that _ _ _ . had executed the same tf r Ehfjc$ttsiaeraUon6nd purpose therein mentioned ayld set forth. . t / F,SS �tuy fi nd and seal on this .. .../-r . !-.--. .... . - day of .(,_ _......, 19 E.. . .. ? N G n �,� , D / f 1 q ..-- ... ...... - -----. .. .-.. .... -. . _.......... --....... My commt�sicn expires D`� ". ....'.l .r....L..L .$.�". �otary Public