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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.