HomeMy WebLinkAboutOrdinance 3707 FILED FOR RECORD
ORDINANCE NO.
093 JUN 3 P17 3 21
X707
N4SHINCTON CO AR
A . K. OLLMEYER
AN ORDINANCE VACATING AND ABANDONING A
UTILITY EASEMENT LOCATED OVER AND ACROSS LOT
4, BLOCK 2, HUNTINGDON SUBDIVISION , OWNED BY
TRACY HOSKINS .
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 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 the following described
utility easement:
See Exhibit "A " attached hereto and made a part hereof.
Section 2. That this easement vacation is expressly contingent upon a utility easement
being granted to the City of Fayetteville over and across the following described property :
See Exhibit "B" attached hereto and made a part hereof.
Section 3 . 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 this 1st day of June 1993 .
APPROVED:
By :
Fred Hanna, Mayor
Thomas, City Clerk
1!2;q Sisk
93 30375
CERTIFICATE OF RECORD
State of Arkansas
I It Of Fayetteville SS
er
Officio y Thornes, Cott' Clerk and E_.
corder the
annexed , do hereb City of
FaYettevtlle
or foe in Y certify that the
office and S is of record In MY
Ordinance & Resolut on slime
beok Aea� In
epeeisat
t s � Witness ly hen
19daYof
City Cfer and r x-
f
e
i
EXHIBIT "A '
DESCRIPTION OF EASEMENT TO BE VACATED:
Property Description: Lot 4, Block 2, Huntingdon Subdivision to the City of
Fayetteville, Arkansas.
Vacation Description : The northern most seven (7) foot of the existing fifty (50)
foot Easement, as described on "Right of Way Grant" recorded in Book 811 on
page 32, across the above described property, except the west twenty five (25)
feet.
93 30376
EXHIBIT 'B'
DESCRIPTION OF EASEMENT TO BE GRANTED TO THE CITY OF FAYETTEVILLE•
Property Description: Lot Four, Block 2, Huntingdon Subdivision to the City of
Fayetteville, Arkansas.
Permanent Easement Description: All of the above described property south of
the existing fifty (50) foot easement as described on "Right of Way " recorded in
Book 811 on page 32.
93 30377
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Old cert::icato t��erecn
indica.'d Ih�r=an.
Fcge °' n I hove Hereunto
LS V7;G, °f bold
Sh, seal
sat MY h°nd end ci!;re ,t- d hereof"
C.pn on Sha d7fe indiv
AImo V'Ok"layer
prcoit Clerk old
Fy officio R° rder
FILED RECORD
UTILITY EASEMENT ' 93 JUN 7 An 10 44
STATE OF ARKANSAS CO AR
KNOW ALL MEN BY THESE PRESENTS ! E 'TTR
COUNTY OF WASHINGTON )
That for and in consideration of One Dollar ( $ 1 . 00 )
and other valuable considerations to the undersigned , Tracy K .
Hoskins 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 Four , Block 2 , Huntingdon Subdivision to the City of
Fayetteville , Arkansas ,
PERMANENT EASEMENT DESCRIPTION :
All of the above described property south of the existing fifty
( 50 ) foot easement as described on " Right of Way Grant " recorded in
Book 811 on page 32 .
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 , V
successors and assigns of the parties hereto . _v
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 .
2
93 30758 2`�
WITNESS the execution hereof this the Z day of J 'UC_
1913 .
Tra Hoskins
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 Tracy K . Hoskins
the person ( s ) who executed the foregoing Utility Easement , and that
he had executed the same for the consideration and purpose therein
mentioned and set forth . c� , 0
WITNESS my hand and seal on this day of
1913
✓l
Notary Public
My commission expires :
nU 13 l..� G
' � �. 00011T1
93 30759
NOTICE
ORDINANCE NO. 3707
AN ORDINANCE VACATING
AND ABANDONING A STATE of ARKANSAS
UTILITY EASEMENT LO-
CATED OVER AND Ss.
ACROSS LOT 4, BLOCK 2, County Of Washington
HUNTINGDON SUBDIVI-
SION, OWNED BY TRACY
HOSKINS. � � �l-� ^,� fin ,, L�.
WHEREAS, the City Council I, �_J�CN t)dY i t Vt,`LV hereby certify that I
has the authority under
A.C.A. §14-54104 to vacate am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper
public grounds or portions having a second class mailing privilege, and being not less than four pages of five
thereof as may not for the
time being be required for columns each, published at a fixed place of business and at a fixed (daily) intervals
corporate purposes; and continuously in the City of Fayetteville. County of Washington, Arkansas for more
he t
WHEREAS, City Council
has
WHEREAS,
the that the fol- P
than a period of twelve months, circulated and distributed from an established lace
lowing described utility of business to subscribers and readers generally of all classes in the City and County
easement is not required for a definite price for each copy, or a fixed price per annum, which price was fixed
for corporate purposes.
NOW. THEREFORE, BE ITI at what is considered the value of the publication, based upon the news value and ser-
ORDAINED BY THE CITY vice value it contains, that at least fifty percent of the subscribers thereto have paid
COUNCIL OF THE CITY OF cash for their subscriptions to the newspaper Or its agents or through recognized news
F A Y E T T E V 1 L L E
ARKANSAS: dealers over a period Of a least six months; and that the said newspaper publishes an
Section 1 . That the City of average of more than forty percent news matter.
Fayetteville. Arkansas
hereby vacates and aban-
dons all of its rights I further certify that the legal notice hereto attached in the matter of
together with the rights of -
the public generally. in and . �f„� r� rttL�
to the following described u � ) O
utilityeasement. +vs6kl
So Exhibit A amichad >; was published in the regular daily issue of said newspaper for
thereto and made a part " consecutive insertions as follows:
hereof. /,, Q
section ca That this ease- The first insertion On the ltf day of 19 13
men1p.'SeCt vacation T is expressly. }
I� contingent upon a - utility '
easement being granted to the second insertion on the day of 19
the City of Fayetteville over
and across the following
described property: Ci d insertion on the day of 19
Sea Exhibit "B" attached 19
hereto and made a part � , 1 �1 1 n rrWourth insertion on the day of
hereof. - UN 1 I 1' � U
Baader 3. That a cepy of Ft�ACE DEPT.
this he City
duly certified
by the City Clerk shall e- Publisher / General Manager
filed in the office of the Re- '
corder of the County and
recorded in the Deed Re-
cords of the County. 0J�
PASSED AND APPROVED Sworn to and subscribed before me on this V day of
this 1st day of June. 1993.
APPROVED: 19
By: Fred Hanna. Mayor -1-"
ATTEST:
By: Sherry L. Thomas
City Clerk
EXHIBIT "A' Otary Public
DESCRIPTION OF EASE-
MENT TO BE VACATED:
property Description: Lot 4,
Block 2, Huntingdon Subdi-
vision to the City of Fayet- My Commission Expires:
to Vacation
Arkansas.
Vacation Description: The
northern most seven (7)
foot of the existing fifty
(50) foot. Easement, as de- I
scribed on "Right of Way 30
Grant" recorded in Book /O _
all on page 32. across the Fees for Printing $
above described property,
except the west twenty-five
(25) fast Cost of Proof S
EXHIBIT "Bo ^fes
DESCRIPTION OF EASE- Total $
MENT TO BE GRANTED
TO THE CITY OF
FAYETTEVILLE:
Property Description: Lot
Four, Block 2. Huntingdon
Subdivision to the City of
Fayetteville, Arkansas
Permanent Easement 'De-
scription: All of the above
described property south of
the existing fifty IBM foot
easement as described on
"Right of Way' recorded in
Book 811 on page 32.