HomeMy WebLinkAboutOrdinance 3618 ^� N RECORD
32 JUN lg RM jk 97
ORDINANCE NO . 36184A6 ' 11 ' " �' Ul iJ 1 Y AR
VnLLMEYER ✓�
AN ORDINANCE VACATING AND ABANDONING A RIGHT
OF WAY GRANT WHICH WAS EXECUTED AND RECORDED *1
IN ERROR . r
� N T
a
WHEREAS , the Board of Directors has the authority under -'Arkz
Code Ann . § 14 - 54-104 ( 1987 ) to vacate portions of streets ax# 3thep
public grounds which are not required for corporate purposo arm a
M z
WHEREAS , the Board of Directors has determined trotr3t1m m
following described right of way is not required for coapGlratta o
Q ` purposes ; and o
-s
WHEREAS , the Board of Directors has determined that ,the Right
of Way Grant executed on April 7 , 1992 and recorded with the
Circuit Clerk of Washington County , Arkansas April 30 , 1992 , at
Book 92 , Page 20777 was executed and recorded in error .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF FAYETTEVILLE , ARKANSAS :
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 that property as conveyed under the
Right of Way Grant executed on April 7 , 1992 and recorded with the
Circuit Clerk of Washington County Arkansas April 30 , 1992 at Book
92 , Page 20777 , Said Right of Way Grant is attached hereto and
made a part hereof as Exhibit "A" .
Section 2 . A copy of this Ordinance duly certified by the
City Clerk shall be filed in the office of the Recorder of the
County and recorded in the Deed Records of the County .
PASSED AND APPROVED this 16th day of June , 1992 .
APPROVED :
O By :�
OM
�' • , , r ,r ' Mayor
• T
'� Cle •,'
, wr
92 X22 f9
w
ie.rt(•'icin ^. .
3hur'�
PQ^: is
ERr .I. nye INV. . r.. • . ". Z.
�� Ca_rr on dm
rm .. ...CTM4dimLa
StQf? Gq. �j A y2MQ33 ` Hmc y. -vor
�• • 4 �r_ �5 -•'Jaef�•!si)�a �.4' C•re• t cnd
Ex-oi :..ro Ro_ordetLr %ijo I-AtY Clerk tx-
_
xOr the
% CY f by
23
.f Cert:Py th�f the
tc E nc
End
ce. irSemr. ¢ a{zrecpearrd �7i °nn
�s �su.ion book h.y
- I ?;; -- Visit znY h:4i11i�V 1
�_9�• �� Y.
.
c
' RIGHT OF WAY GRANT
TRACT NO. I
STATE OF ARKANSAS y KNOW ALL MEN BY THESE PRESENTS:
COUN. n *OF WASHINGTON
That for and in consideration of ..........._One Dollar ( $ 1 . 00 )
and other valuable considerations to the undersigned, .. .George C . _ Tate and Colene Tate ,
. .. . ............................... . . . .......... . ..... ............ .
Husband and wife ,
_.._. . . . .... ..........._. _..____....._....._..........._...__......__.._ ..__._.__....___........_.._................._......_.................... .._..............
paid the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND COVEY unto
tbeeivCity 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,
-. . . .. . . . . . manholes, and appurtenances thereto, on, over, across, and under the following described real estate, to-wit:
LEGAL DESCRIPTION :
The South thirty- three ( 33 ) acres of equal and uniform width of the South-
east quarter ( SE1/4 ) of the Northwest quarter ( NW1/4 ) , and the South thirty
three ( 33 ) acres of equal and uniform width of the Southwest quarter ( SW1/4 )
of the Northeast quarter (NEI/4 ) of Section Eight ( 8 ) in Township Fifteen
( 15 ) North of Range Thirty ( 30 ) West , containing 66 acres , more or less ,
less and except the following described land , to-wit : Part of the South ...
half ( 91/2 ) of the Southeast quarter ( SE1/4 ) of the Northwest quarter
(NW1/4 ) of Section Eight ( 8 ) in Township Fifteen ( 15 ) North of Range Thirty
( 30 ) West , being more particularly described as : Beginning at the North-
east corner of said 20- acre tract , and running thence West 500 feet , thence
South 300 feet , thence East 500 feet , thence North 300 feet , to the point
of beginning , containing 3 . 45 acres , more or less , and containing 62 . 55
acres , more or less in the part herein conveyed .
cn
9 r
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe One or lir man-
holes and/or appurtenances thereto shall be maintained, with ingress to and egress from the real estat<lint hereinabove
described for the purpose of constructing, inspecting, maintaining and repaving said lines, manholes ajitl `appurtsaantea
of Grantee above described, and the removal, renewal and enlargement of such at will, in whole or in pp;�.o 3
A cJ GJ Z��
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore grant to e sate
Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth m as not to interfere with cuUvation
of soil, and that manholes will be constructed Rush 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 can.
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 permns 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 . .7.-" dayof / 19 '/ 2.
George/ C . Ta Ye
ACKNOWLEDGMENT
STATE OF ARKANSAS l
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before me, a Notary Public within and for mid County and State, duly
mmmissionFd Arid actijig, personally appeared _ George C . - Tate and Colette Tate , H/W
......... ...__............._.
........ ...__........... ........... ., to me well
know, ffie.th ZZs (a) who executed the foregoing Right of Way Grant, and that .__they. ._ had executed the mine
for
the cmSi ersition'and purpose therein mentioned and set forth.
W .7nt&ssd�and seal oo this .........�..th...._..........._ day of .._._April._. .......1.. . _ .... .... _.., 19_92 .
+.........
�r09
exports;
..........9 / 18 / 99 ......_.. .............. .....:.L..__.'.:........ .:
, Notary
Public
EXHIBIT A 92 32280
i - G
L [
0 J O
p 0
� T '
4' a
O n
. ' a '• it d [ �
} i
13—a o
c = m I
O Y
c3 3
r f
STATEofARKANSAS l
7 ss.
County of Washington 1 c / ^
I, � J L ) .• c J Lu ill hereby certify that I
am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily 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 (daily) 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
ORDINANCE NO. 3618 for a definite price for each copy, or a fixed price per annum, which price was fixed
AN ORDINANCE VACATING
A N D ABANDONING A at what is considered the value of the publication, based upon the news value and ser-
RIGHT OF WAY GRANT vice value it contains, that at least fifty percent of the subscribers thereto have paid
WHICH R WAS EXECUTED cash for their subscriptions to the newspaper or its agents or through recognized news
WHICH AS EXECUTED
IN
I ERROR: dealers over a period of a least six months; and that the said newspaper publishes an
WHEREAS: the,.Board of
DirectorsEREAhas theauthority
average of more than forty percent news matter.
..
under Ark, Code Ann .
§14-54-104 (1987) to vacate I further certify that the legal notice hereto attached in the matter of
portions of streets and
IF ( CIsC� <31nI8
other public firedgrounds
for which )
are not ores: a for corpo-
/
race WHEREAS,
and was published in the regular daily issue of said newspaper for
WHEREAS, the Board of p g Y sp per
Directors has determined consecutive insertions as follows:
rthat the following, described
right of way is not required �^ I/
Ifor corporate- purposes:;and I The first insertion on the �L day of 19
WHEREAS, the Board of
Directors 'has determined
that the Right of Way Grant the second insertion on the day of 19
Iexecuted:' on April 7, 1,992
and recorded with the+ Cir-
the third insertion on the da of 19
Coit Clark of Washington y
County. "Arkansas April Page
20777 at Book c 92,d Page and the fourth insertion on the da of 19
20777 was error.executed 'end y
recordedNOW in error.
NOW, THEREFORE. - BE
B RD OFED- BYI'EC ORS
BOARD OF DIRECTORS
TE THE CITY OF FAYET• I er / General anagen
TESectio ARKANSAS:
Section 1'. That the City
of Fiayattaville, ''Arkansas +�
hereby .vacates .and aban- Swom to and subscribed before me on this n(Cli2 da of
dons all % of its rights y
together with the rights of
the public generally in and a1AAA 192
to that property Right
con-
veyed under the Right n
Way Grant executedrecur ed
April t Ci and recorded
with the Circuit Ark of
Washington Countyy Arkan- NOlary Pub11C
April 30, 1992 at Book
92. Page 20777. Said Right
of
of Way Grant
is 'attached
hereto and rata" a pan ne- M Commission Expires:
roof as Exhibit "A". � y p
Seetion2. 'A copy of this
Ordinance duly certified by CJ
the City Clerk shall be filed
in the office of the Recor-
der of the County and re-
corded in the' Deed Records 4'
of the County. • y.
PASSED AND AP - Fees for Printing $
PROVED this 16th, day of —�
June, 1992.
APPROVED: Cost of Proof $
' By: Fred S. Vorsanger , �.
Mayor
ATTEST. Total $
By: Sherry L. Thomas
City Clerk
RECEIill EL►
JUL 0 6 1992
FINANCE DEPT.