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
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�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
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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
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EAST 848.94
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: @I * .17 . . . ; :•:i;:: 288.00 . �' : .:•:.�.:'� : 260.94•'•: .
1 ' 20 UTILITY EASEMENT
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1 30 , ' —15• a
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Proposed 25 i 1
Easer.�enf� i
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N N i S 89° 35, W 318.00
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TRAM. LINE EASEMENTc'i in
��� L• `'. N OZAAK ELEGTIiIG o
E713TrJ h�99T^TION e o
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Ea6�mPnfcm ,
�bnndoged .
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140.17 o O . - - _ - -- - - -- - - -_ - --- -- - - - - -
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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.