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HomeMy WebLinkAboutOrdinance 3609 FILED ^ ' R RECORD ' 92 MY 7 Pfd 1 SZ WAS i; , P ON CO AR ti#Si� A . Y. : L .41EYER ORDINANCE NO , 3609 AN ORDINANCE VACATING AND ABANDONING PORTIONS OF AN EXISTING 30 FOOT UTILITY EASEMENT ACROSS LOTS NUMBERED 2 AND 3 OF THE POND ADDITION . WHEREAS , the Board of Directors ,has the authority under A . C . A . § 14 -54 - 104 to vacate public grounds or 'such :portions thereof as may not for the time being be required . for4corp6rateipurposes ; and WHEREAS , the Board of . Director"s has ?determined that the following described portion - )of tiTe utility :. easement across lots numbered 2 and 3 of the Pond Addition is not required for corporate upurposes , NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Q " Section 1 , That the City of Fayetteville , Arkansas hereby vacates and abandons all of its rights together with the rights of the public generally , in and to the following described easement : See Exhibit "A" attached hereto and made apart hereof , PASSED AND APPROVED this 5th day of May 1992 , APPROVED : By : y4�"o C / is , „ Mayor ATTEST : 'By : C�1t 401,," rkrry - W1 92. 2211.9 . r �T�'dCA7PE RE State of RECO', Cit s'� Off'eae peyettevin. ( SS Fa9et�teylle°do b oh 6e k C�, of annexed sadfoThe a of para& �e Jay Page tAa eso1� boot Pear in seal Wi at I9 -oda! of �-my��and Cl69 C)x'S ted jeT' . p,—.._.�_ l. lee',c;..rrr. ar w. r EXHIBIT ^A" Page 1 of 2 A 30 ' strip , the centerline of which is located along the coundary line of lots 2 and 3 of the Pond Addition to the City of Fayetteville , Arkansas , in the SW 1/4 of the NW 1 /4 of Section 12 , Township 16 North , Range 11 West , less and except that 80 , portion of the said easement that contains a 69Kv transmission line owned and operated by Ozarks Electric Cooperative Corporation . . .. - alit (: V•'J. , t d '::5: : ' . . . . - . , 1 .. 92 221Z9 CEP%T gCATE OF RECORD State of Arh4na, City of Fay®ttevipe ( SS 09 Sherry Thome' City Clerk and Ex. Fayettevllrecorder for the City of annexed or�fo e h Y certify that the office and forego hat of record in my PeCen & Rance eaola on SaIne ppearo In 1, Alma Karp Oyer, Orcutt erk or,, seal' Witneu an and o _to :aan ) at 1 .9-1 _- day Ot ti..ry that this in for •rrc-d in ry offico IN, U ir:_' ...a.n ^ -.d ,_. ._ c n nrnv City C)erl a 1?2-Q SSC}a �@ O PCr dJly r [ . '� • , :� r✓ =kiv, c:gemaat Lno c_: . o'- �_: .;ac !r Rscord Book and Pae, a. .gid " .. d iharaon. V 1:, :: .::5 Cr H.REOF, I have herounto set my hand and affixed the seol of said Court on t:to cafe indicated hereon. Alma Kol!meyer Clrcult Clerk and lix-affirio 3 50 I — I 1 F=- 1 I O I O I EAST 848.94 i: . : @I * .17 . . . ; :•:i;:: 288.00 . �' : .:•:.�.:'� : 260.94•'•: . 1 ' 20 UTILITY EASEMENT I • 1 1 I 1 1 ( I 1 I 15� I I ' POND ADDMON I I I I I I I I ' O 12 O I 1 �%STI n9 I I I 40 be o and/one — 1 I I 1 I 1 30 , ' —15• a ► Proposed 25 i 1 Easer.�enf� i 1 1 I J . n 1- -- ----- N N i S 89° 35, W 318.00 tv TRAM. LINE EASEMENTc'i in ��� L• `'. N OZAAK ELEGTIiIG o E713TrJ h�99T^TION e o N A Ea6�mPnfcm , �bnndoged . 50' b — I 25 1 140.17 o O . - - _ - -- - - -- - - -_ - --- -- - - - - - 1 IID WEST 597.89 389°33 W 114.12 STATE - -H IGHWAI- UTILITY EASEMENT PROJECT TRACT NO . STATE OF ARKANSAS ) KNOW ALL MEN BY THESE PRESENTS : COUNTY OF WASHINGTON ) That for and in consideration of One Dollar ( $ 1 . 00 ) and other valuable considerations to the undersigned , paid , the receipt of which is hereby acknowledged , the said Grantor ( s ) do 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 , remove , relay , enlarge and operate a water and/ or sewer pipe line or lines , and appurtenances thereto , on , over , across , and under the following described real estate , to- wit : PROPERTY DESCRIPTION : Lot Two ( 2 ) of the Pond Addition to the City of Fayetteville , Washington County , Arkansas . PERMANENT EASEMENT DESCRIPTION : A 25 foot permanent easement for the purpose of utility location in Lot Two ( 2 ) , Pond Addition , Fayetteville , Washington County , Arkansas , said easement being more particularly described as follows : Commencing at the Southwest Corner of said Lot 2 ; thence East along the South line of said Lot 2 75 . 00 feet to the true point of beginning ; thence East 25 . 00 feet to the Southeast Corner of said Lot 2 ; thence North 272 . 27 feet along the East line of said Lot 2 ; thence N89035 ' E 168 . 00 feet along the boundary of said Lot 2 to the extreme East line of said Lot 2 ; thence North 25 . 00 feet ; thence S89035 ' W 193 . 00 feet ; thence South 297 . 09 feet to the point of beginning . TO HAVE AND TO HOLD unto said Grantee , its successors and assigns , so long as such pipe line or 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 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 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 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 gFti day ofa� 19 9Z. V ARI CORPORATION I � .s-40 . A C K N O W L E D G M E N T State of Arkansas ) ) ss 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 appearedGemme, duce Ur, jr rn , Ibu 6 P C'k-e' It i to me well knowIn as the person ( s ) who executed the foregoing Utility Easement , and that 4h2g had executed the same for the consideration and purpose therdin mentioned and set forth . WITNESS my hand and seal on this 6+~ day of 8 19 92 Notary PfiVlic My: commission expires : STATE of ARKANSAS ea. County of Washington I, �� • �. � 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 (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 and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what Is considered the value of the publication, based upon the news value and service value It contains, that at least fifty percent THE CITY' OF FAYETTE- of the subscribers thereto have paid cash for their subscriptions to the newspaper VILLE, ARKANSAS: or its agents or through recognized news dealers Over a period Of at least six section .Ivi-That the .City months; and that the said newspaper publishes an average of more than forty of FayetteQill9. Arkansas herebyuvicates. and 'span- percent news matter. dons all of its rights together with the rights of I further that the legal notice hereto attached in the matter of the public generally. in and er certify i{ to the following- described ' ease Eh- AJ0 0 0 Seaa Exhibit "A" attached I hereto and , -made apart ' hereof PASSED AND AP - W8S published in the regular daily issue of said news a PROVED this 5th day of P g p per [or May. 1992. 1 consecutive Insertions as follows: APPROVEO: By: Fred S. Vorsanger � -� ivlayo /�r The first Insertion on the day of fit dq 19 �w ATTEST: By Sherry Ll Thomas. the second Insertion on the day o[ 19 City,Clerk - EXHIBIT 'A' AA 30' Strip, the centerline the third Insertion on the day of 19 of whichis located along the coundary line of lots 2 and 3 'of the Pond Addition and the fourth insertion on the 19 .io . the City of Fayetteville. — _ _ Arkansas:'N'n the SW 1/4 of ORDINANCE NO. �3609g the NW_1/4; of Sectiori 12. AN ORDINANCE VACATIN Township . 16 North. 'Range AND ABANDONING PORE it West, less and -except TIONS OF AN EXISTING 3(1 that 80' portion of the said Sworn to and subscribed before me on this day of FOOT UTILITY EASEMENT easement that contains a �� ACROSS LOTS NUM - 69Kv transmission line BERED 2 AND 3 OF THE owned and operated by 9 POND ADDITION. Ozarks Electric Cooperative WHEREAS. the Board of Corporation. Directors has the authority` -4 — under A.CA 414-54-104 tog tary Pu lic vacate' public grounds or such portions thereof as may not for the time being My Commission Expires: be. required for corporate ' purposes: and Q WHEREAS, the Board of Directors has determined that the following described portion of the utility ease- ment nt across lots 2Addi- tion �r a4 and 3 of the Pond Breed • — ,` ' is not required for cor- i Fops for Pr inling porate purposes. BE i NOW, THEREFORE, IT ORDAINED BY THE f-ost of Proof _. S BOARD OF DIRECTORS O fib) F Total — 5 _ pp R � Ci � 1 MAY 26 1992 FINANCE DEPT.