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HomeMy WebLinkAboutOrdinance 3692 'FILED FOR RECORD ' 93 MRR 30 RIS 1 35 WASHINGTON CO AR ORDINANCE NO , 3692 A • ^ OLLMEYER AN ORDINANCE VACATING AND ABANDONING A UTILITY EASEMENT LOCATED ON PROPERTY OWNED BY GRADY KING AND WANDA KING AT 5745 WEDINGTON DRIVE . WHEREAS , the City Council has the authority under A . C . A . § 14 - 54 - 104 to vacate public grounds or portions thereof as may not for the time being be required for corporate purposes ; and WHEREAS , the City Council has determined that the following described utility easement is not required for corporate purposes . NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVII.1. 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 the following described utility easement : See Exhibit "A" attached hereto and made a part hereof . Section 2 . That 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 this23rd day of March , 1993 . APPROVED : By : M yor ,ATTEST: " By : Cit ;:C erk EXHIBIT ^A" LEGAL DESCRIPTION Beginning at a point forty-two ( 42 ) feet south of the northwest corner of Lot 6 , Mildred Lee Estates , a subdivision to the City of Fayetteville , Arkansas , thence South 222 feet ; thence West 214 . 17 feet ; thence South 5 feet ; thence East 239 . 17 feet ; thence North 227 feet ; thence West 25 feet to the point of beginning containing 6 , 745 . 85 square feet , more or less , within said Lot 6 , LESS AND EXCEPT : Starting at the Northwest Corner of Lot 6 of Mildred Lee Estates , a subdivision of the City of Fayetteville , Washington County , Arkansas , thence running South 42 feet for a Point of Beginning : thence south 227 feet , thence East 25 feet , thence North 227 feet , thence West 25 feet to the Point of Beginning . 93 15727 ° I:oilr..ever, CircuV; Clerk to" Cnd"M .�' I, Aim c �i°r fcr `•N�`tirgV Vo- CERTIFICATE OF RECORDPat t: OW State Of ArkDnsas ( SS Cy ird ,.� •xcnop,,}�+a.:m3nt City of FayetteviSle City Clerk and $i Thom' for the Ci y euly roto daro',i� H, n . . ;, °mS I, Sherry t Officio recorder certify that the rdc� j ,:rT�` d, ;C,. Fayetteville, do hereby record In mT ,;'i•.-_ annexed or foregoing is appears is w vin-V 0 • - : , t.., a : of tald the same at , ,� 6dc4 office and ,, mv �� ' yd�ra°df"p°Of Ordinance & Resolution baok ha and cpOn °n lr„ Witness . my Page 3 9 / Iday of seal & C, OcTk4'"' 19 13 City C{: unx 1".z•C:t!{c{O—�'coy aer f I� >r GENERAL UTILITY EASEMENT FILFO FOR RECORD STATE OF ARKANSAS ) # 93 MR 24 flM 10 17 KNOW ALL MEN BY THESE PRESENTS : COUNTY OF WASHINGTON ) l;"• ;; iii ! " iiiN CO AR That for and in consideration of One Dollar1 ( $1 001 and other valuable considerations to the undersigned , Grady C King a D_d Wanda G King husband and wife paid , the receipt of which is hereby acknowledged , the said Grantor does 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 , sewer , electrical , gas , and/ or communication lines , and appurtenances thereto , on , over , across , and under the following described real estate , to-wit : PROPERTY DESCRIPTION : Lot Six ( 6 ) , Mildred Lee Estates , a Subdivision of the City of Fayetteville , Arkansas . EASEMENT DESCRIPTION : A twenty-five ( 25 ) foot wide permanent general utility easement described as being parallel to , contiguous with , and west of the entire east property line of above described property . 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 F 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 , \Aj which hereby agrees to bury all pines , 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 1 or fences from the construction , maintenance and operation was determined by three disinterested persons , one thereof to be appointed by the said Grantor ; one- by the said Grantee ; and the V third by the two so appointed as aforesaid , and the written award U of such three persons shall be final and conclusive . The- Grantor agrees not to erect any buildings or structures 10 n 0 said right of way other than fences and said fences shall not exceed six ( 6 ) feet in height . The right to construct lines up nrtheeab veldescribed e easement t any time dintthea futuionl re 13 v 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 A11Grantee is in covenants and fagreements ull aherein contained ction of every ishall ght eextendrtotand .0 be binding upon the respective heirs , legal representatives , 1 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 �J any covenant or agreement not herein expressed . U l,T 6 M�c. c2L� LlE �rA-�E5 93 14571 �3b C 19 � WITNESS the execution hereof this the day of I . l f rady C King Wanda G . King A C H N O W L E D O M E N T State of Arkansas ) ) Be 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 appeared Grady C . King and Wanda G . King , to me well known as the person ( s ) who executed the foregoing Utility Easement , and that they had executed the same for the consideration and purpose therein mentioned and set forth . WITNESS my hand and seal on this day of . � D , 19 �) Notary Public My . Lommissign 'ekpires : g �• l.l ORDINANCE NO. 3692 AN ORDINANCE VACATING STATE of ARKANSAS 1 AND ABANDONING A J} UTILITY EASEMENT LO- ss. CATED ON PROPERTY County of Washington OWNED BY GRADY KING AND WANDA KING AT 5745 WEDINGTON DRIVER WHEREAS, the City Coun- pr� ,,U) {n,� Z.y �� .ell has the authority I, - JJU) . i' t- hereby certify that I to under A.C.A. §14-54-104 am the publisher of THENORTHWEST ARKANSAS TIMES, a daily newspaper seats te gro Public portions ic gra! as having a second class mailing privilege, and being not less tur han few pages of five to may not for Na time tis' columns each, published at a fixed place of business and at a flied (daily) intervals Ing be required for eorpo- ' continuously in the City of Fayetteville, County of Washington, Arkansas for more rate purposes: and than a period of twelve months, circulated and distributed from an established place WHEREAS, the City Coun- cil has determined that the of business to subscribers and readers generally of all classes in the City and County following described utility for a defmite price for each copy, or a flied price per annum, which price was fixed easement as not requiredat what is considered the value of the publication, based upon the news value and ser- for corporate Purposes.s. P Po NOW, THEREFORE, BE rr vice value it contains, that at least fifty percent of the subscribers thereto have paid ORDAINErrV COUNCIL BY THE . OF cash for their subscriptions to the newspaper or its agents or through recognized ized news COUNCIL OF THE E . OF Pg g F A Y E T T E V I L L E , dealers over a period of a least six months; and that the said newspaper publishes an ARKANSAS; average of more than forty percent news matter. Section 1. That the City of Fayetteville. Arkansas hereby vacatesane aban- I further certify that the legal notice hereto attached in the matter of dons all of its rights - together with the rights of �n/1l rl r�l Q 3 Q the public generally, in and to the following described ' utility easement: was published in the regular daily issue of said newspaper for See Exhibit "A" attached hereto and made a part consecutive insertions as follows: hereof. n Section 2. That a copy or The first insertion on the da of 191 this he City duly hall be L •( + d y by the City Clark shall be � � L' filed in the office of the the second insertion on the day of 19 Recorder of the County and recorded in the Dead Re- n D cords of the County. 19 N third insertion on the day of 19 PASSED AND APPROVED 18923rd day of March, 3 FINANCE DER!the fourth insertion on the day of 19 APPROVED: By. Henna. Mayor ATTEST: By: Sherry L. Thomas City clerk Pu tsher / General Manager EXHIBIT 'A' LEGAL DESCRIPTION Beginning at a point forty- two (42) feet South of the Sworn to and subscribed before me on this 11 day of Northwest corner of Lot S, Mildred Lee Estates, a sub- division ub 19 f division to the Cary Fey- tle, Arkansas, thence , !South South 222 feet: thence West feat: thence 5feet South 5 feet: thence East 239.17 feet; thence North 227 feet: mance west 25 diary Public feet to the point of begin ning containing 6,745.85 sgwre feet, more or less. ' within said Lot 6. i My Commission Expires: LESS AND EXCEPT: ` -r io ' —� ' Starting at the Northwest 1 ! Corner of Lot a of Mildred Lee Estates, a subdivision of the Ci y of Fayetteville.Nken- n3 r"r� Washington County. Fees for Printing $ "I sae. thence renning South - 42 feet far' a Point of Be- ginning: thence South 227 Cost of Proof $ feet, thence East 25 feet. thence North 227 feet. �� / / d thence Wast 25 feet to the Total $ 'L3 Point of Beginning. 369 GENERAL UTILITY EASEMENT FILED FOR RECORD STATE OF ARKANSAS ) * 93 LIAR 24 Aft 10 17 ) KNOW ALL MEN BY THESE PRESENTS : COUNTY OF WASHINGTON ) 1l". SFili '; SON CO AR That for and in consideration of One Dollar ` ISI ( S1 001 and other valuable considerations to the undersigned , Grady C . King and Wanda G . King husband and wife. , paid , the receipt of which is hereby acknowledged , the said Grantor does 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 , sewer , electrical , gas , and / or communication lines , and appurtenances thereto , on , over , across , and under the following described real estate , to-wit : PROPERTY DESCRIPTION : Lot Six ( 6 ) , Mildred Lee Estates , a Subdivision of the City of Fayetteville , Arkansas , EASEMENT DESCRIPTION : A twenty- five ( 25 ) foot wide permanent general utility easement described as being parallel to , contiguous with , and west of the entire east property line of above described property . 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 , u, which hereby agrees to bury all pipes , ' where feasible , to a N1 sufficient depth so as not to interfere with cultivation , o 'f soil , and that manholes will be constructed flush with the surface of the 1� 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 2 or fences from the construction , maintenance and operation gas < 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 U 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 . �J` The l ie lines up nrtheeab veldescribed e easement at any time right to construct dint the afuture and agrees to pay any damages as a result of such future construction as set out in this easement . -b\6 The consideration first above recited as being paid to Grantor w 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 . 'k C 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 . U 93 145?1 b L,T t; M [ C. ORFQ LSE EST'AZE.� �3 WITNESS the execution hereof this the day of 19 � �. ^ r rady C King Wanda G . King 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 appeared Grady Co King and Wanda G King , to me well known as the person ( s ) who executed the foregoing Utility Easement , and that they had executed the same for the consideration and purpose therein mentioned and set forth . WITNESS my hand and seal on this -/ ' day of 19 '1 � . I' ii J i Notary Public My, d6mm, ission ekpires : e 't 93 14572 11� !x d�yX Jy�t� '�{F y � y pt'! Yi90 {-OF, fl Ld�{IV'II ; , r `y rr' I/ f @p io l(� I / lo' fit �r �/ 1 -/F�r e � I .� la rlt�� \I ` V` _I'' .� , %i Nor- ' ' { ili1I'. i111I II�:.� ' i�.` ,,� � \ , t / / rlr '� •� I . ,..' 1111 IIiIl 11 il { I 1✓ 1V , V / x11 ' � . L ,'/ TO, ell . r l I ��� Il ,ii iI I � � i Ifl t --y lI f. �'���, `•'� " 31+�1�".s��14__ - - .. - - - I I Ill 11111 1 'll � 1 \I. 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