HomeMy WebLinkAboutOrdinance 2726 9e` �f> FSR
ORDINANCE NO . r �SHii - <9 A ��Pp
q c 3
AN ORDINANCE VACATING AND ABANDONING A BLANKETWA '7FY
AND SEWER EASEMENT ACROSS LOT 22 IN AZALEA TERRACE �FR�FRgRk.
ADDITION TO THE CITY OF FAYETTEVILLE .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF v/
FAYETTEVILLE , ARKANSAS :
Section 1 . That the Board of Directors hereby vacates
and abanUons all of the rights of the City and of the public
generally in and to the easement attached hereto marked
Exhibit "A" and made a part hereof , which easement covers
Lot 22 of Azalea Terrace Addition to the City of Fayetteville ,
Arkansas .
PASSED AND APRPOVED this 1� day of 1981 .
APPROVED :
Q4 7oW
MAYOR
F' FA
C. : if
0. CjT. j DLII
.. OF. RECORD
CERTIFICATE
St.:te of Arkansas Ss
[ p, .
City of Fayetteville
L Vivian Koettel, City Clerk and Exdo here-
recorder
e e
recorder for the City of Fayetteville, do her s
at the annexed or foregoing
by certify this
of record in my office and tile same ap
pears in Ordinance 3 soli �ltr°GVitn ss my
_. ok
_at page
� / t�� day of.
hand and seal dais 19
City Clerk and Ex-Officio Re der
Em1038 600
® AUCROFILMED
a ,
NQ 61111111;16�
RIGHT OF WAY GRANT
STATE OF ARKANSAS )
KNOW ALL MEN BY THESE PRESENTS :
COUNTY OF WASHINGTON )
That for and in consideration of One Thousand Four Hundred Twelve and no/
100 ($ 1412 . 00 ) and other valuable consideration to the undersigned, James R .
Skillern and Beverly D. Skillern, husband and wife, 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 construct, lay, re -
move, relay, enlarge and operate a water and / or sewer pipe line or lines, 10
manholes, and appurtenances thereto, on, over, across, and under the following
described real estate, to - wit :
The Southwest Quarter (SW-41) of the Northwest Quarter (NW.4L ) of Sec -
tion 31 , Township 17 North, Range 29 West, containing 40, 40 acres ;
A part of the West Half (W?) of the Southwest Quarter (SW-4L ) of Sec -
tion 31 , Township 17 North, Range 29 West, described as follows ,
to -wit: Beginning eleven ( 11 ) chains and sixty- eight (68) links North
of the Southwest corner of the West Half (W-2L ) of the Southwest
Quarter (SW ) of said Section, Township and Range, and running,
thence North seventy-one and one -half (71-2 ) degrees East twelve
( 12 ) chains and thirty-One (31 ) links, thence North twelve ( 12 ) de-
grees West twenty-five (25) chains; thence West six (6) chains and
forty- seven (47) links to the Northwest corner of said 80 acre tract;
and thence South twenty- eight (28) chains and thirty- two (32 ) links to
the place of beginning, containing 24. 47 acres, more or less ; 'Also
part of the Southeast Quarter (SE;) of the Northeast Quarter (NE-1 )
of Section 36, in Township 17 North, Range 30 West, described as
follows, to- wit : Beginning at a point one ( 1 ) chain South of the North -
east corner of said 40 -acre tract, and running thence South forty -
eight and one -half (4821) degrees West twenty- nine and four-fifths
(29 4 / 5) rods; thence South thirty- seven and five- sixths (37 5 / 6 ) de -
131ZONSON ABSTRACT COMPANY, INC.
28 E. CENTER PHONE 521-4100
FAYMEVILLE, ARKANSAS SHEET No.
z31638 661 53
4433
�lih • . . . ! ' .. diLenylt:. -'p. :ria .
`v sc+iYYUC*w dwsw��n� -=. .,_. .. .. ;... .'.. adYt►. ., -_ . .
grees West twenty- seven and one- fifth (27 1 / 5 ) rods ; thence South
forty- seven and one - half (47 - ) degrees West fifty- three (53 ) rods ;
thence East seventy- eight (78 ) rods to the Southeast corner of said
forty- acre tract; and thence North to the place of beginning, contain-
ing twenty (20 ) acres, more or less ; Also a part of the Southeast
Quarter (SE-1) of Section Thirty- six (36 ) in Township 17 North, Range
30 West, more particularly described as follows, to- wit : The East
Half (E-2L ) of the Southeast Quarter (SE;) of Section 36, Township 17
North, Range 30 West; also a part of the West Half (Wz ) of the South -
east Quarter (SE;) of Section 36, in Township 17 North, Range 30
West, more particularly described as beginning at the Northeast
corner of said West Half (Wz ) of the Southeast Quarter (SE;) and run-
ning thence West ten ( 10 ) chains ; thence South ten ( 10 ) chains, thence
West thirty (30 ) rods ; thence South one hundred twenty ( 120) rods; thence
East to the Southeast corner of said West Half (WZ ) of the Southeast
Quarter (SE-k) ; thence North to the place of beginning, and containing
in all 142 . 50 acres, more or less.
A part of the West Half (Wz) of the Southwest Quarter (SW-D of Sec -
tion 31 , Township 17 North, Range 29 West, described as follows,
to - wit : Beginning eleven ( 11 ) chains and sixty- eight (68) links North
of the Southwest corner of the West Half (W2 ) of the Southwest Quarter
(SW; ) of said Section, Township, and Range, and running thence North
seventy-one and one-half (71*) degrees East twelve ( 12) chains and
thirty- one (31 ) links, thence North twelve ( 12 ) degrees West twenty-
five (25 ) chains; thence West six (6) chains and forty- seven (47 ) links
to the Northwest corner of said 80 - acre tract; and thence South twenty-
eight (28) chains and thirty- two (32 ) links to the place of beginning
containing 24. 47 acres, more or less .
A permanent easement of 25 feet in width, being 10 feet to the North
and West and 15 feet South and East of a centerline and a temporary
construction easement, for a period of not to exceed one year from
the date hereof, of 50 feet in width, being 25 feet on each side of a .
centerline. The centerline of both easements being the centerline of
a 12 inch sewer line and more particularly described as follows, to-
wit : Beginning at a point in the West line of the Southwest of the
Southeast ; of Section 31 , T- 17- N, R - 30 - W, said point being 868 '
North of the Southwest corner thereof and running thence S 160 17 '
W, 1345 feet, thence S 65 ° 13 ' W, 786 feet, thence S 720 05 ' W, 259
feet, thence S 300 30 ' W, 963 feet, thence S 12^ 23 ' W. 395 feet,
thence S 49° 53 ' W. 234 feet, thence S 320 271 W, 255 feet, thence
S 850 22 ' W, 136 feet, thence S 000 47 ' E, 397 feet, thence S 16° 28 '
DIZONSON ADSTRAC'r COMPANY, INC.
28 E. CENTER PHONE 521 .4100
FAYETTEVILLE ARKANSAS SHEET NO. [ n
W, 165 feet to a point in the North line of Southwest Quarter obeing
551 . 6
Northwest Easter of Section 31a T- 17 - N,Ofthe Northwest corner thereof. W, said point
551 . 6 f
Also a permanent easement of 40 feet in width, being 20 feet on each
side of a centerline and a temporary construction easement, for a
period of not to exceed one year from the date hereof, of 50 feet, be -
ing 25 feet on each side of a centerline . The centerline of both ease -
ments being the centerline of an 18 inch Force Main Sewer line and
at a point
more particularly described as follows , to-wit : ►3eginning
in the North line of the Southwest Quarter of the 831 feet East of the est Quarter of
Section 31 , T- 17 - N, R - 29- W, said point being
Northwest corner thereof and running thence S ' 521
Esaid point
to a point in the West line of the Howard Cain property,
est corner thereof.
being 135 feet South of the NorthwroeP nce erty esaid
ginning at a point in the South line of the Howard Cain p
point being 266 feet West of the Southeast corner thereof, and running
to a point
thence S 160 02 ' E , 413 feet, thence S 14° 44' W, 263 feet point being
in te South line of the above119h
hfeet Wes of he outheastcornerescribe hereod real f state, said
To have and to hold unto said Grantee , its successors and assigns , so long as
esmanholes and / or appurtenances thereto shall be main
such pipe line or lin , -
rom he real estate first hereinabove described
tained, with ingress to and egress f
maintaining and repairing said lines&
for the purpose of constructing, inspecting,
manholes and appurtenances of Grantee above described, and the removal, re-
newal 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 cult-
ivation of soil, and that manholes will be constructed flush with the surface of he
ground except in bottom lands where they shall be at a height above high
131IONSON A35'rRACr COMPANY, INC.
28 E. CENTER PHONE 521.4100 SHEET No. G
FAYETTEVILLE, ARKANSAS
�i1338
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 . And, Grantor does hereby bind him-
self, his heirs and assigns, to warrant and defend the title to said right of way
and easement unto the Grantee , its successors and assigns , against all claims .
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 .
In those cases where a husband only owns the property and the wife is living,
insert the following clause :
" And 1, Beverly D. Skillern, wife of said James R . Skillern, for and in con-
sideration of said sum of money, 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. "
131IONS0N 4% 13STRAC'r COMPANY, INC.
28 E. CENTER PHONE 521 .4100
PAYETTEVILLE. ARKANSAS SHEET No. C '1
X1038 E� � U1
• ,.,,rte, n:
It is hereby understood and agreed that the party securing this grant in behalf
of the Grantee is without authority to make any covenant of agreement not herein
expressed.
Witness the execution hereof this the 5th day of June, 1968 .
James R . Skillern
Beverly D . Skillern
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
BE IT REMEMBERED# that on this date, before me. a Notary Public within
and for said county and State , duly commissioned and acting, personally appeared
James it . Skillern and Beverly Do Skillern, to me well known as the person (s )
who executed the foregoing Right of Way Grant, and that they had executed the
same for the consideration and purposes therein mentioned and set forth.
Witness my hand and seal on this 5th day of June , 1968.
(Seal) Ed N . Connell,
Notary Public
My Commission Expires : October 1 , 1970 .
Filed for Record : June 6 , 1968 at 2 : 10 P. M.
Recorded in Volume 729 at Page 417 .
IMONSON AB5FfRA CT COMPANY, INC.
28 E. CENTER PHONE 521-4100 C 2
FAYMEVILLE, ARKANSAS SHEET No. C
M1038 665
CERTIFICATE OF RECORD
STATE OF ARKANSAS I SS.
Washington County I
I, Alma L. Kollmeyer, Circuit Clerk and Ex-OffkAo Recorder for
Washington County, do hereby certify that the annexed or fore-
going Instrument was filed for record in myppeCffice on thajaday
,i of .. 9af� 'eloeKLM, and the same is
duly recor d In Pwie.. recor at paget"O
Witness my hand and seal t ' day of
Circuit Clerk and
Otticlo Rec
BY
puty Clerk
• DIn'ANCE N0. 2728 ' agnermenlletAaeinbprts sed.
' t 11DINM'CE VACATING AND µytness the executlaa hereof this Ue '
rAB:.NDONINCA BWNKET WATER SN da ofJum, 1968.
AND SEWER EASEMENT ACRlS4 - Y Jams R. Skillern
I IAT 22 IN AZALEA TERRACE ADDI• .:t•` Bevedv D. Skillern
TION TO THE CITY OF FAYEI'• ACKNOWLEDGMENT , , STATE OL ARKANSAS l
BE
LE.OR STATEOFARFANSAS J} as.
BE DIRECTORS ORDAI. BY THE BOARD COUNTY OF WASHINGTON County Of Washington
OF ETTEVILOF THE AS'CITOF BE IT REMEMBERED, that m Nis
1 FAYEon 1. That
the Board of dao before mr. a Notary Public
Section 1. That the Board d Dlrse- within and for mid Count and State.
I tars here vacates and abandara W Y aj
d Ole �byyts d the City and d the duly eommiuioned and acting,
rash � D H D - hereby certify that I
' peen generally re and to the ease- skistAnd Beverly ap °� Jamb in Skillern Zj ter of ery-Y" � '@r1 -a-
' ..A* and mil naeto marted ,which and nAsth pD.e son (a) to xe ute0 am the Publisher of THE NOR' SWEST CA�R�KANSAS TIMES, a daily
"A' and made a pert hereat which known As the Right
(alwedexecuted
- easemml cevm Lot rid Amlm T>- - the foregoing �ignitlway Grant, and newspaper having a second class castling privilege, and being not lane than
race Addition to the City of Fayet that they had executed the same far foures of five columns each, published at a fixed place of business and at
tevme, Arkansas thecomiIMULgnand otrrpmb Harem. Dag
PASSED AND APPROVED Ude 18th (mentioned and set forth. a fixed (daily) intervals continuously in the City of Fayetteville, County of
day of May, 1981. witness my hand and seal on this Sth
APPROVED: day of June, 1988. Washington, Arkansas for more than a D0r10d of twelve months, circulated
Jo1ul Tadd MAYOR (Stal) , and distributed from an established place of . business to subscribers and
ATTEST: - Ed14. all.
Vivianxaet4J Notary
ary Puwblic readers generally of 811 classes in the City & County for a definite price for
CITY CLERK My Commission Expires: October 1, each copy, or a fixed price per annum, which price Was fixed at What is
RIGHTOPWAVGRANT 11910.
' SfATEOFARKANSAS Filed for Record: June g, HIM at 2:10 considered the value of the publication, based upon the news 'value and
COUNTY OF WASHINGTON P.M. service value it Contains, that at least fifty percent of the subscribers
KNOW ALL MEN BY 'THESE Receded in Volwrc 729 At Page all.
PRESET; - - -- -- • . thereto have paid cash for their subscriptions to the newspaper or Its agents
That for and In caeideration of One or through recognised news dealers over a period of at least six months;
Thousand Farr Hundred Twelve and
norm IM41200) and other valuable and that the said newspaper publishes an average of more than forty percent
awMeration to the -undersigned, news matter.
Jamb R. Skillern and Beverly D.
Skillern, husband end wife, paid, the
receipt d which is bereby acknowlalg- I further certify that the legal notice hereto attached in the matter of
ed, the said Grantor does hereby -
grant. sell and convey unto the City of
Fayetteville, Arkansas, a municipal
corporation therein styled Cremes),
itsand Assigns, d
of(A myg
way and Casement tCanstrrnct, lay,
remove, relay, enlarge and operate a
waw and/or .eWer pipe
line w ones, was published is the regular dally Issue of Bald newspaper for.
10 monndes, and appurtenamn consecutive Insertions are follows:
thereto, on,over, across, and under Has
lollowing described real estate, lPwlt: pf
The Southwnt Quarter (SWI,T-d dla The first insertion on. the day of 18_].�
Northwest Quarter (NW14) of Section
31, Township 17 North, Range 29 West,
containing 48.40 acres: A pan of the the second insertion on the day of 18
West Half (Wy) of the Southwest
Quarter (SW34) of Section . 31,
Township 17 North, Range 29 West, the third tnsertton on the day of 19
described as rollowa;. lowil: aegimn{ng
eleven (ID Chaim and sixtyeight 101
links Nath due Southwest canter of and the fourth insertion on the If of 19
I the West Hou (W12) of the Southwest
Quarter (SWI,) Of mid Section
Tmimhip and Range, and rumling,
Bence Northsevickity,oneEnt twelve
w lv and 1 ha47110 lm A
and Wily des Ent links,
ink , then a North
.neve (12) egre Wa,tbanes North
twelve (121 degrees Wart twenty-five
(251 Chaim: theme west six (6) Chaim Sworn to and subscribed before me on this �' l�.day of
and forty-seven 147) links to the Nor.
1 thwestcornerof sandmacrc tract: and
I thence South twenly+ighl (ca) chains
19
and thirty-two (32) links to the place of
re or containing 2a.a7 sera,
more
mare or leen: Also pan of the
the" al tearer 14) 6f tl the Nor-
Ueacl Quarer (NE�s) of Section 38, in
Township 17 North, Range 30 West,
described u follows, tomwit: Beginning N 1 Public
at a point one (1) chain South of the -'
Northeast corner of said 4"cre tract
and running theme South fortyeight �p
and are-MH Isekal degrees( West MY COm\ , 1 -•4-e-�
n Expires:
to&: Hine and South
thiifW (vi and I .
five theme 7 5/ N'detices and
fivcauths 171 S/or difth ( Weal
� M'Cnty-seven and anefitN Irr 1/8) '
E
three South fony.aeven and
orehaH IQ.) degrees West filly.
I eight i g) rads: Hems East seventy- Pees for Printing
eight 1781 rills m the Southeast corner
of said rarlyaere tract: and theme I •I(•i• .
I North to the place of beginning, coo-
I taining twenty 1201 acres, mote or Cost Of Proof. L
rALSO a pan d the Southeast
atter (SE.1 d Section Thirty-six
(36) N Towmhtp 17 North, Range M Total {
West, more panicularly described u
follows, t i. I: The East Half (Ekil of
Ute Southeast Quarter (SEI2) of Sec.
tion 36, Township 17 North, Range 50
West; more particularly described as
beginning At the Northeast Corner of
sold West Hall 1 W1i) of the Sumbeatt
Quarter (SEW) and, running tome
West ten (10) chain: thence South ten
(10) Chaim; thence West thirty (301
rids) thence south one hundred twenty
IDm rob; thence East to the
SwUMM caner of said West Hall
IWWI Of the Southeast Quarter
(SEIO; thence North to the place of
begimdryt and containing in.all 14250
acrd, mart or km.
App7+rt of the West Half (W)r) d the
Southwest Quarter (SWW) of Section
31, Township 11 North, Range M West,
described as follows, towtt: Beginning
eleven (11) neem and sixty-eight (m)
linea Nm h ,d ,
le Weat Hol;
`barter (_a %) of am Seetloq •-.-- — .. _. _ . __ _ _
awnvhip,
:area North Yrmtkae qnd o1S-lull - - i; x* -
'1N)
end lh(rtylAretSll lintel. Ilenw Nab n A < i .l.
elute
1141 depees Wet tern Ma.iw� 6(7 ''•pct �t 'x of ' 1
'+lwit47' >r ''s 7 p
5) duW: lbenle West sin 161 Ira rf s'B5 T- s y6+ - . \,ai�Y .., " << 'S , r• o..'.;. .
ad fertyeevea 101 links m the Na• •: - „ �> . - . .
west carer of Yid 6010<re tract
nd thence South twerty-tigat 1461
holes and Why-two tel finks to the
lett of. beffimly. containing Y.O
A peraosmat Y:meet of 49 fat In
:idi t, being be feel to the North and
:est and IS fad South and Eat at a -
enterlim and a temporary camtrte- . .
ann rm oUcrapericddmtWmt• - - -
eed ane year from the date hoed, of
o feet In width, being S fat an each -
:de of a centerline. The centerline of
oth commons being the <enterilne of
14 Inch rawer fine and ase par, - -
eularly described a follows, Well - - -
trghning ata point In the West line at
be Southwest V4 of the Southeast tr of
section 91, T-17-N, R9 W, Yid point
ting bee' North d We Southwest m
a Warted and nmdngg theme S 16 - - -
7- W, 1945 fat, thence S 65. 19 W 766 . . .
at, thenen S 74.06' W.459 fat. thence
49. 30' W, 964 feel, theme S 14 23' W, - •.
m feet, theme S 49. ST W, 494 fat,.- '
Mnce S 926 77' W. M fat. thence S - -
S' 42' W, 196 feet, theme S o0 47 Fa
.W feel, thenrpe S l6• it W, 165 fat to e
joint in We North Im d Southwest
luarler of the Northwest Quarter of
:ectldn 91, T-17-N, R-29-W, Yd point ,
eing 551.6 fed Ent at the Northwest - . . .
saner tmeted.
Also At permanent nes tOf 40 fed
n width. aeial 70 fat Y each side of a
:interline end a temporary <oa41>c ,�y" 'a' �. 1� 't,; t x'+. '� A:„i \ ;i �:•� '
ion easement, fa a period d not to .. r
xnrdatne
easetaynaienagTr Sh/roe reseathlmouteerdealaintceeh hlsedrtde!oDld,OdW.
. ' . _ . _ .. .. .. . . ._ .. . . .
behrg the adterlinedanu
nch Porch Main Sewer fine and max '
terticuWfy described as follows, to
.Vit: Beginning at a point in the North
ine of the Southwest Quarter of the .
Northwest Quarter or Section 91, T-
17-N, R-a W, said point being 641 fat
Fast of the Northwest comer thereof
ti a point in W Westin W
West line the
doward Carl property, said pent ho-
mer thereon. Theme D7nnin ata
point in the South line of We Used
Cain properly. Yid point being 466 feel : .s r '.
Real of the Southeast corner thereof. -
andrwingthenre516.OTE,419fat,
theme S 14' H' W, 4Y fat teapoiml in _ -
We.South gee of the above desxxl d
real estate, Yid point being 119 fat •-:'-
To have and to hall bath Yl _ -
Gnnta, itaauamoesneWY
aagns, .. _ - ' . . - ' .• . . . . . . - •. - - .
long as such pipe line or hen. . . - .
manhole aadvor appurtenance
thereto shall be maintained, with tri
grew to and egress from the real -
estate first bereimboa described for ,.
Use purpae of con truetinIp Inpee
ting, rnehntaining and repairing
Gras. anda d
and appvterurrcn ,
Grantee above described am the '1
m. ovsl, renewal and sale of c +•�--k`"',,,�„ _ a. .
such at will, in wile or in part. LRS• t -
Tbe Yid Greater is to fully von and r -- `• - .
enjoy the Yid pre nttpt fa the
purposes teaimMore granted to the
Yid Grantee, which bereby agrees to ` ` s�”Nr+N 'tFi„+s+nci 'v�Y�t.tR« .',lytCc.a .�.'r«a?"+i,'^-"• :tt
bury all pipe, whet efeasibk, W• ad ��� � -�A'ts, J,,,�wrsr'
ficint depth Y Y not to interfere with - - .
cultivation of all, and that m nboln
will be emntrueted Rush with the bur• -
fan of the ground except In bit in --
lands where they shall be at a height
above high water. and to pay any -
damages which may arise to growing - - - -
rareps a renes from the comtructinq _
malnlemanee and operation as determined by three dielnlemsled person
om thereof to be appointed bythe mid -
Grantor; one by the Yid Grantee and
the third by the two Y appointed as
aforesaid, and to written award of
such there peremu shag be full and - -
conclusive. And, Grantor don hereby 1 _
41
bind himseif, his beim and Yalgn, to
warrant and defend the title to
right of way sad aYmeat
Grantee, Its suecaimns and
against all.claim. -
The Cranmr agree mal W tercet any y .yM•y".,� z ".
building a sWcbua in Yd rrghl d
way older thY ferrees seal Yid renin - - -
s F? Grained ds 161 feeliu riot �-�•' z -. - .. . . �. . . .... . . . .. _ .. .. ...,_
The construct
ashall Nve the right a ,_'•, �- .
the above
dsrbeadditional pipe lira bpm
the above described easemYl at any
same in the rumina and a Mcd to pay
airy damage sa a t out d suds future
"be
rnmhuetian sa act out In Ibis ease-"'
meal. .
Thr mnaiNfAlicn 7in1 AMvn ryY1IMd .
t
