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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 1, 0.!ra KelrteYar, elseullie�e+k �� crdc* ier Yash y.oi;ido 4=-c ` _• ,_., tedVly the lhls irr do , - <cr. , rd in MY ° , s ' :•eon anct th^- c7ma Ib as ir;tiictic''ry' :y17h S':,n ecknrvlcdg�k and d°1y rccari . in Rccard 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.