HomeMy WebLinkAboutOrdinance 2768 ORDINANCE NO . c�2741
AN ORDINANCE VACATING AND ABANDONING TWO EASEMENTS
ACROSS PROPERTY OWNED BY PAUL A . MARINONI .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITYc
OF FAYETTEVILLE , ARKANSAS :
That
tc'f�+�yt. Q� 'C
the twoeasementsrattachedoard of ehereto markedctors hereby Va
Exhibit nd
��
Exhibit " B" .
PASSED AND APPROVED this day of ot ) 1981 .
APPROVED :
Z'
Y
,
.r r AFjTfiST •
'• '•. :: ; GITY , 'CLERKK
C.ifip � �'ec�ettaz511e (( `��
�; �it'ian €tel, C:rk$ �:'erk �� �a+(�•;�cia
r 'ociet €6i flae City of t 'yyev2t, du h"ere
"y uiat 6e ahhexel rhdfitg
Of fet(wd fCgn thy '6 r" 'ra
att� 'r same atr
n �ts� /ire Qrf3nflnca� FD Resolution book
" ---at page iT wittiu3a thy
hand
j day of
i� Clerk and $x-Officio gecerdee
� 1� 51 528
�_ . MCROFW%A.'
CERTIFK—jrlTt OF RECORD
STATE OF ARKA
Washin-tcn
I. PJM
Washin ,ton
€ Can' r h ,•_.�j — .
Y ih - ` th ; ,r,^xca or fore.
goinain,r�, 'nc twas I_ . r;✓:C;. . inc cl ca LhAllay
duly recorded inqfi I ,~ � ' S'
Is
Witness my hand and seal t id-6 n ^� d� sIL of pa„ �
�fy`p (� ca�y of-
19.�
Circuit Clark and
x-Officio R orded
By
Deputy Clerk �—'
C RIGHT OF WAY GRANT
1'I:::CT NO.
STATE OF ARKANSAS �
'COUNTY OF WASHINOTON KNOW ALL MEN IIY THESE PRESENTS: ` 1
; I .
That for and in consideration of
and other valuable considerations to the undersigned, ..Paul- A . i•larinoni •
_ ... ....... ..... ... ............ . ......_. ........ �.. .. . . ... . .. .. .... .....
.. . .. ... t ,. ..._ __ . .... . ......... . ........ .._.. ............. .... .:_........... . .. .. . ... ..... .._._... .................._. .... ...... ....... :......... . .....? .t,..
. ................ ...
paid, the receipt of which is hereby acknowledged, the said Grantor docs hereby GRANT, SELL AND COVEY onto
the City of Fayetteville, Arkansas, a municipal corporation ( herein styled Grantee) , its successors and assigns, the right
of way and casement to construct, lay, remove, relay, enlarge and operate_ a water and/or sewer pipe line or ljncs,
- xxxxxxxx-l�i{AcMxand appurtenances thereto, on, over, across, and under the following described real estate, to�wit:
Prouerty Descriotion : 1 .
Part of the NB,I i'of the SE1- of Section 7 , Township 16 North , Range 30
I-lest , _ ::'ashington County , ' Arkansas
Easement : -
A permanent easement 15 feet in width , said easement being 7 . 5 feet
either side of and measured normaL to a survey line more particularly
described as follows . Beginning at a point which is 469 feet south
of the PIE corner of said h0 acre tract , thence west 182 feet to a
point on an existing 25 foot utility casement which is 469 feet south
and 182 feet west of the ir^. corner of said 40 acre tract .
The survey line is further_ identified as the centerline of the first
sewer line as constructed . Also , a temporary easement of 60 feet for
construction purposes . 'Property and easement are shown on the attached
plat .
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 p:pcs, 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 shal! 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. j/ e
WITNESS the execution hereof this the ......------- L(J ../Yi_ da of
y-, 197. .
(I _
....... ...........................
ACKN0IVLEDGM JT ��ii1051 5 ? 9
STATE OF ARKANSAS l
COUNTY OF WASHINGTON
fiI kTrd' EMEMBERED, that on this date, . before me, a Notary Public within and for said County and State, duly
A C . . . . r :
c-0�r rm" ') cd and acting, personally appeared .........................................atal A . Marinoni .................._.._...... to me well
N 1 ..................... ....... ....
t
known _�-
as the person (s) who executed the foregoing Right of Way Grant, and that L.._..he .. had executed the same
the consideration and purpose therein mentioned and set forth,
'WITNESS my hand and seal on this ............ C....� day of .... .. ._.... . ._.... 197'l..
f ..
t.,.p�7k4131 ;N,?°. CtOb Br I. 1 4 � ........................................
Y .. ..... .' ...'�. . ...
M comr. ,r.:wt :, : .......�. . :.....47 . r..
> ;,:.,.:•a ..«,t. ..... Rotary Public _
ItLd 867 .
tW FIL !_ D
LJ c _ RIGHT OF WAY L R A N T WASt A11M '0 ARK"
ARK, As
J S�TF. i 1RKANSAS 'UL I / 'IS —
c� CSURTTda WASHINGTON. (' KNOW ALL ?.()`;�i iaY i"TI%JE iizSZN7S '
o T . .. ''.'ts..._ hl
LL aTha and in consideration,cc .of .. ..... One,-_and__ No/ 1.00- -.- - -dcllars ALMA LMEyER
_ ... CUIr
N and ot�er valuable considerations to the undersign::C, . Paul A Ma r7noni ,_and Mary--M ._ Marinon,i , _ ., .
3
_ . ... . . ... ... .... .._ . . . ......_ .._ .._............ _...... ............................. . ._ Husband and Wife °k ' • ,
..... ... ....... . . . ......... ... . ......... ...... ......... ....................... ... .
paid, the receipt of which is hereby acknowledged, the said Grantor dxs hereby GRANT, SELL AND COVEY unto.
the City of Fayetteville, Arkansas, a municipal corporation (herein stvlcd Grantee) , its successors and assigns, the right
of way and easement to construct, lay, remove, relay; enlarge and ofxxratc a water and/or sewer pipe line or ',lines,
... manholes, and appurtenances thereto, on, over, across, and. uuder the following described real istatc, to;wii:
Property Description : (Correction ) Pt . NW SE Sect . 7 T- b6- t R- 30-W
Beginning at a point which is N 890 58 ' E 100 feet and N 10 3 ' E 50 feet from the
SW corner of said 40 acre tract ; said point of beginning being on the Easterly Right -
of -Way of U . S . Highway 71 Loop ; thence N 100 38 ' E 20 feet along said Right -of -Way ;
thence N 270 38 ' . E 20 feet along said Right -of -Way ; thence . N 890 58 ' E 90 feet ; thnnce
S .00 02 ' E . 37 . 4 feet ; thence S 890 58 ' W 102 . 9 feet to the point of beginning .
Easement Description :
A permanent easement 25 feet wide, 12 . 6 feet either. side of the . following described
centerline : Beginning ata point which is N 890 58 ' E 100 . 0 feet and N 100 38 ' E 50
feet and N 890 58 ' E 102 . 9 .feet and N 00 02 ' E 19 . 66 feet from the Southwest corner of
said 40 acre tract ; thence N 890 58 ' E 1 , 242 . 72 feet ; thence N 500 46 ' E 1 , 285 feet ;
thence N 00 36 ' W 16 feet .
A temporary construction easement 50 feet in width along and parallel with the south
side of an existing 25 foot easement , the center line of said 25 foot easement being
describe$ as' beginning at a point which is located north 890 58 ' east 100 feet and
north 10 38 ' east 50 feet and north 890 58 ' east 102 , 9 feet. and north 00 02 ' east.
19 . 66 feet from the southwest corner of the NW4 of the SEI of Section 7 , Township
16 North , Range 30 West and run thence north 890 58 ' east 1 , 242 . 72 feet , thence north
5oo 46 ' east 1 , 285 feet , thence north 00 36 ' west 16 feet to the north property line .
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. n
7 CA
WITNESS the execution hereof this the .......... .. ... day o ._ - ., Ig ��
C 17
M _ _. . .
C i i ACKNO W LIED �yy
105 J•'� VOL
S'L'ATE 'C'F ARKANSASI t f
COUNTY OF WASHINGTON
£t/IfitnRt MEMBERED, that on this dat , ore me, a Notary Public within and for said County and State, duly
114
co s iN ;and acting, Personally appeared �- -------- -- - -- _./ : �e l Il. ..... .I..:1:..1:1.W' Y tvLOx`to the well
known as the person(s) who executed the foregoing Right of Way Grant, and that ... . .. '_. .. had _executed the same
for the consideration and purpose therein mentioned and jet forth, +�77
WITNESS. my hand and seal on this ........-.!�-!Q.......'_... day o .. ...:- ` ) _....._ �... . ..-...:_...--.---._ 19.L.
w �
My commission expires ...�L%... ....... ... ..:.I.-1...,t] ..,.y,�.....8 � g � Notary Public •
A" ., .
CERTIFICATE OF RECORD
STATE OF ARKACS:3 )
CS.
Washin,ton Ccunty
I, Alma L. Kcll:n�ycr, Cir cit Cler!c and Cx-0fficio Recorder for
Washington Count;, do hereby certify th2t tho anncxod or fore-
going ines r ment was filed for record in my office on thctWday
of l a1 a'clo.!IgA4, and the sam�es is �)
{July recorded in---- :L � rccord '�, at pagal 6
Witness my hand and sea hi g .day ofe 1 19
Circuit Clerk and J
x-Officio Recorded
By d IL.dL\CL(xn
Deputy Clerk
s!�AN ORDINANCE O EASEMENTS
AND• it t hereby araratond and agreed
I ABA.NUpNING TNTr EASEMEM'S I behalf the rty Securing this grant in
ACAUSS PROPERTY ON'Nh9 BY beNa of the' Grantee is without STATE of ARKANSAS 1
PAN. A. MARINOM. �.mtheltY a make arty mens at. or )} 83.
BE IT ORDAINED BY THE BOARD tK greemenl red herein confessed. County OL WaeIlingtpa
OF DIRECTORS OF THE CITY OF WRNPSS the eaecutlnrt tiered this '
FAYETTEVILIE, ARKANSAS: lis tmh day olApT. 1976.
That the Board of Directors hereby , , , Paul A. Marin and ^
' vantn and abandons doe two . . ' - Mary M. Alarirwni A I n
• ememcoa attached hereto marked That far and In consideration of one ` .acre J hereby certify that I
Exhibit "A" and Exhibit "B": land no/tp - dollan and other
PASSED AND APPROVED this 20th valuablecvmideratiomlathewder. am the Publisher of TRE NOR RWEST ARKANSAS TIMES, a dally
dayodoctater, lysl, Signed, Paul A. Marmon and Mary !H. newspaper having a Second close mailing privilegees, and being not lethan
t t APPROVED I Mermaid, Husband and Wife, paid, the
{.w . ,ff( lk y -'_'. ; Jam Todd 1 mcespt of which u hereby acknow•ledg= tour pages Of five Columns each, published at a fixed place of business and at
r
{..+ a .. nuvoR7 ed• the said Granlor does hereby a bpd (daily) Intervals continuously in the Cfty o[ Fayetteville, County of
GRAM, SELL AND COVEY, unto the
Man Koettel ' ;.rely . or Fayetteville. Arlamaa . a . WashlIIgton, Arkansas for more than a period of twelve months, circulated
„ CITY CLERK �l ..r pmunicipal corporation (herein styled
scot a.Granlar, Its So Som and assigm, and distributed from an established place of . business to subscribers and
TSaI for and m consideration of and the right of way end comment to can. readers generally of all classes in the City & County for a definite price for
0Uer valuable considentioa to the $tract, lay, remove, relay, "largeand
undersigned, Paul A. Marmad, paid, operate a water end/or sewer pipe lice each copy, or a tilted price per annum, which price was timed at what a
the tempt of which is hereby or lines, manholes, and appurtenances eonaldered the value of the publication, based upon the news value and
I acknowledged, the said Grantor does thereto, on, over. across, and under the
hereby GRA , SELL AND COVEY following described real estate, to-wit: gervlCO value 1t contains, that at ]east fifty percent of the subscribers
M
unto the City N Fayetteville, Atkao- : Properly Oescripgon:(Correctionl PCthereto have paid cash for their eubecriptions to the newspaper or its agents
us, a municipal corporation lbereln NN' SF. Sect. 7 T-IFN. RdpW begino-
styled Grants), la sucersson and Ing at a point which is N 89 degrees ss' or through recognized news dealers over a period of at least Six months:
assigns, the right of way and eamment E 100 feel and N la degrees 9a' E 50 feet prod that the said newspaper publishes an average of more than forty percent
to - aautrvct lay, remove, relay, from the SW corner of Said m acre
enlarge and operate a water and/or the tract; N point of beginning being an . now matter. -
Sewer pipe lire an
or Il , and. aP y Nbd-of-Way U.S.
tts
purlesenthereto, on, over, across, . Highway 71 Loop: theme N t0 degreh
and under the following described real ' 33' E 20 feet along ,aid Right-d-Way;' I further certify that the legal notice hereto attached In the matter o
mutt. tcwll: I• , : 1 thence N V degrees M E 20 feel along
Properly Description: aid Right-of-Way; thence N 89 s�
Part or the NE", of the SEI: of Sec degree$ 58' E 90' feet; thence S 0 /'� ,(•��� V� (^�1 `/�'
tion 7, Township IS North, Range so degrees E 37.4 feet; thence S 49 ( 111 1 1\ 1
West, Washington County, Arkansas. degrees 58' W 102.9 (cel a the print N /
Easement: 1beginning.
A permanentse
easement 13 feel in 1 EmemenlDmcription: 1d neWSDBDei for
width, Said Statement being 7.5 fret A permanentl3lfeel ememerwide, ; was published in the regular daily issue Of e8
either side of and measured normal to 116 feet ,either side N the fallowing consecutive Insertions as follows:
A survey as 'more particularly described mulerlina: Beginning at a
described hI follows. Beginning ale point which u e re degrees E f e 100.0
Point r of la 664 fat south t the reel de N 10res degrees 2. E 50 feet and The dist insertion on. the day Of
corner' of'Sao e0 acre a net, thence N gr es 02' m' E 102.9 fol and N e
west Bittyfeet to a
comment
Doan is s feet , degrees 03' E lofts fat from the . 19
fool only nfact w which a eSa feel themeSouthwsl corner N aid a acre tract; : the Second Insertion m the day of
South mi 193 fol west m the NE ear. than" N a9 degree 59' E t.i2R feet;
Der NSaMeO acre 4aec ( thence N 50 degrees e6' a 1:285 (m;
' The survey line f further awes Um I themes porn eh 36' W tim el. the third insertion on the day of 19
a the interline N the fast eewer ary A temporary ao ng and pre easement
e constructed. Also, a temporary I the
fol in width along end parallel with T9
asement r p fol d amervacdan doe south side n an existing 25 fool and the fourth insertion on the Aa9 Of
shownpurpoan Ro[tach and et. Sae easement the g described
as beginn-
i
shown an the attached at. - . ' eg �t apbeingdescribeded north
7'O RAVE ANDmer HOLD unto aid I dg re s point t 110 is et and north n
Grantee, Its Each
pipes and aor lin u I degrees Sa' east 100 fol and north 10
I. long ol such pipe ane te encs, I degrees 39' cost 50 feet arid port 0 (�
( manholes and/ormaintained
a app d. with e, I degrees SC east 119. fm and un h e
thereto Nall he mainatre r with Io- deuton t east of
fat from the
res aand egrees frcmthe rcala he southwest corner of the Township
16 Nue . Sworn to and subscribed before me on this day of
it ret hereinabove ding, In fm the i SES d Section 7, Twmhip In Norm,
purpose in and repairing
Inspecting,If=. I Range 30 West and run thence north e '
manholes and rcpairtrte aid lir( of earth S Se' cast L2e2.71 fat, thence Q �> rl 11 \ 11V U 19
maNldn and ap described.
and of them 30 degrees . cost L % fat,
Cnotco shove described, and the thence nom 0 degree 36' wl 161st
remwaL renewal and en part, cont of t0 O nova property lies.
ash Staid in where or in part. TO HAVE AND TO HOLD unto aid
The aid Grantor is to foray use and Grants, is cucc pipe
and eon lin m
enjoy the uta premien ranted for the long ol such pipe line to lime,
putyar� hee.which h grunted a the manholes and/or appurtenances Nota PnbllC
mid Grants, which feasible,
,goes to Hereto shall be s frntainer with lo- ' 11UUtli a ( ,
bury all pith, where feasible, er n serf- ' grass a and egress fromrhe reel estate
Orient depth w as not to h ar an with I tint hereinabove described for the
(
will
be .c n soil, and that manholes I purpme d constructing, impaling, My Commission 5>s>plres: ;C • , .
will be f the ground Rush with the I maintaininghoeand repairing Said lith, vn(
surfaoofthe ground except in bottom maNwia and aPPurlenanm of �� -3
surface (� c
Lands when they shall be at a height ' Grants . above described, and • the — ( • ' ( 1 ( '
above high water, and to pay any removal, renewal and enlargement
damages which may arise to growing ' such at will, in whole or in part
FF mrps or fences from the construction, The Said Grantor is to fully use and ( ":
f. maitanarta and operation as deter- , enjoy the aid premises except far the -
mined by thm disinterested persons. purposes herembefore granted to Sae Fees for Printing .
ane thereof lobe appointed by the mid =fit Grantee, which hereby agreh to .'
Grantor; ane by the mid Grants; and I bury
alit
li pipes,where feasible, to a suf. . •'.
the third by the two so appointed as ficient depth eras not to interfere with Cost of Proof
efMaafd, and the written award of cultivation of soil, and that manholes . ,1,
ouch done persons shall be final and ,l will be Constructed with ted („
conclusive. - surface of the ground except in bottom TnW
The Granter agree nal a erect any lands where They Ghali he et a height) time in the ature and agrees to pay'
buildings or structures in said right of above high water, and to pay an any damages as a result W ssch future
way other than fences and Said fenm I damages which mar arise to growing contraction a set cul in this ease
shall red exceed six (6) feet in height I crops or fences from the candaclion, mend.
The Grants shall have the right a maintenance and operation as deter. ( The tapaidto ion first above recited
omlacl additional pipe liras upon I maned by thea disinterested persons, la being paid to Grantor by Grants u
m full satisfaction of even' right
the ,have descrihed easement at any one thereof to he appointed by Ow aid hereby granted. All covenants and
time In the future and agrees to pay Grantor; one
by the said Grana; and agreements herein contained shall ex
any damages as a result a such future the third by the two So appointed as Mend toand be binding upon) the resjwc -
construction at cot cul m Ws el aforesaid, and the written award N rive heirs, legal reprmenthtivh. sero
ment. - . such three persons; shall be final and looms and aarepr of the parties
conclusive. hereto.
' as being pad a Greater by Grad
Greater is l or The Graes agrees not to erect any i It is hereby understood and named
in (W) Satisfaction of every right buildings structures in said right of that the party Securing this grant in
hereby granted. All covenants and way other than term and said lerces Ihehaa of the Grants is without
agreements herein contained shall ex-1 shall not exceed six (6) feet in height. authority to make any covenant or -
tend aand bebinding upon the respa-; The Grantee shall have the right to agreement not herein expressed,
live Dries, legal representatives. sue . construct additional pipe lines upon WITNESS the execution hered this
I casco and aabgm of the parriesthe above described easement at any the 30th day of July, 1975.
Paul A. arinoni
AID" M. Merinoni