HomeMy WebLinkAboutOrdinance 3828 FLED FF" OR RECORD
194 SEP 26 PM 1 52
WASHINGTON CO AR
A . KOLLMEYER
ORDINANCE NO. 3828
AN ORDINANCE VACATING AND ABANDONING A
RIGHT-OF-WAY GRANT FOR PROPERTY LOCATED
ALONG RAZORBACK ROAD AND OWNED BY THE
RAZORBACK FOUNDATION , INC. , CONTINGENT UPON
RECEIPT OF AN ALTERNATE RIGHT-OF-WAY GRANT
FOR THE RELOCATION OF AN EXISTING 24" SEWER
LINE.
WHEREAS, the City Council has the authority under Ark. Code Ann. § 14-54- 104 to
vacate public grounds which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described right-of-way
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
right-of-way :
See Exhibit "A" attached hereto and made a part hereof.
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 20th day of September 1994.
APPROVED:
By :
ed Hanna, Mayor
ATTEST:
By : (/�ll/?WA-j 221AL
Traci Paul, City Clerk
� 7_ \J r • J. r ..
V
oo
94058148
r r, '1ium n:" L
EXHIBIT "A "
LEGAL DESCRIPTION
A permanent easement, 20 feet in width, and being 10 feet on each side of the
centerline of a proposed sanitary sewer line, as constructed, and being more
particularly described as follows: Beginning at a point which is located on the
South property line, also being the North Right-of-Way line of 15th Street (Old
Arkansas Hwy 16), said point being approximately 61 feet North and
approximately 359 feet West of the SE corner of the SW 1/4 of the NE 1 /4 of
Section 20, thence N 30 11 ' E approximately 5 feet; thence N 6" 28 " E, 974
feet; thence N 370 43' E, 64 feet; thence N 50 33' E, 188 feet, thence S 820
32' E, 185 feet; thence N 6 " 07' E, approximately 36 feet to a point on the
North property line, said point being approximately 99 feet West of the NE
corner of the SW 1 /4 of the NE 1 /4 of Section 20, T16N , R30W.
94058149
Project No. FY942126
Parcel No. 765- 14848-000
RIGHT OF WAY GRANT
STATE OF ARKANSAS )
BE IT KNOWN BY THESE PRESENTS:
COUNTY OF WASHINGTON )
That Razorback Foundation Inc., an Arkansas corporation, (herein styled Grantor), for and
in consideration of the sum of One Dollar ($ 1.00) and other valuable considerations, cash in hand paid
by the City of Fayetteville, the receipt of which is hereby acknowledged, do hereby GRANT, SELL
AND CONVEY to 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, inspect,
enlarge and operate a water transmission line, water and/or sewer pipe line or lines, manholes, and
appurtenances thereto, on, over, across, and under the following described real estate, to-wit:
PROPERTY DESCRIPTION:
A part of the Southwest Quarter (SW34) of the Northeast Quarter (NEA) of Section Twenty (20),
Township Sixteen (16) North, Range Thirty (30) West in Washington County, Arkansas, more
particularly described as follows: Beginning at a point 103.05 feet West and 12.48 feet South from
the Northeast Corner of said 40 acre tract and running thence South 00" 06' 34" West 114.53 feet;
thence South 00� 03' 03" West 400.27 feet; thence South 11 " 12' 26" West 101.86 feet; thence
South 11" 09' 50" East 102.04 feet; thence South 00" 03' 30" East 300.17 feet; thence South 05"
43' 57" West 251.35 feet; thence North 89" 55' 50" West 207.89 feet; thence North 00' 10' 50'
West 20.00 feet; thence North 89" 55' 50' West 200.00 feet; thence South 00' 10' 48" East 21.97
feet; thence North 89" 55' 58" West 759.00 feet; thence North 00' 02' 44" West 210.00 feet;
thence South 89" 47' 48" East 209.99 feet; thence North 00" 39' 51" West 247.12 feet; thence
South 88" 57' 13" West 207.37 feet; thence North 00" 02' 44" West 376.95 feet; thence South 89'
55' 50" East 618.75 feet; thence North 00` 01' 13" West 454.03 feel; thence South 89" 44' 12'
East 76.83 feet; thence South 88" 16' 08" East 300.86 feet; thence South 87" 07' 01" East 100.00
feet; thence South 88" 24' 01" East 96.96 feet to the Point of Beginning, containing 27.19 acres,
more or less.
PERMANENT EASEMENT DESCRIPTION:
A permanent utility easement commencing at the Northeast Corner of said SWY. of the NEA,
thence South 12.48 feet; thence West 103.05 feet to the Point of Beginning, which is the Northeast
Corner of the above described tract; thence North 88" 24' 01* West, along the north property line
of said tract a distance of 25.08 feet; thence South 04" 27' 49" West 449.88 feet; thence South 00"
00' 00' East a distance of 400.49 feet; thence South 00" 50' 43" East 387.85 feet; thence North
86" 48' 54' West 207.13 feet thence South 010 1T 08" East 20.16 feet to a point on the north
right of way of Arkansas State Highway 16; thence South 89 55' 56" East 27.58 feet along said
right of way; thence South 00' 10' 50" East 20.00 feet along said right of way; thence South 89"
55' 50" East 207.89 feet along said right of way to the Southeast Corner of said tract; thence North
010 20' 04" West 416.94 feet; thence North 00" 00' 00' East 399.42 feet; thence North 04' 28'
13" East 450.16 feet to the Point of Beginning, said easement containing 0.89 acre, more or less.
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. It is the understanding of all parties to
this agreement that the Grantor shall not be required to remove or modify any permanent structure
or building located within the above described temporary construction easement at the time of the
execution of this Right of Way Grant.
94058150
RIGHT OF WAY GRANT
Razorback Foundation, Inc.
Page 2 of 2
The Grantee shall have the right to construct additional pipe lines upon the above described
permanent 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 J-- day of --.-199 +.
RAZORBACK FOUNDATION, INC.
BY.
t D�er'1—
ATTEST: Title
Title
(Seal)
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss
COUNTY OF WASHINGTON )
BE IT REMEMBERED, that on this day came before the undersig Notar Public, within and for the County
and State aforesaid, duly commissioned and acting, personally appeared, _ moi (? a _9
and to me well known, who stated that they are
the and of the
R z F n i n Inc. an Ark n a cor r i n and are duly authorized in their respective capacities to execute the
ent for and in the name and behalf of said corporation, and further stated and acknowledged that they had
v and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth.
V : " - WIPNESS; y hand and seal on this % day of 199 .
Notary Public
1vtISSION EXPIRES:
6.,�Jjdvj
94058151
ORDINANCE NO. 3828 ,
AN ORDINANCE VACATING
AND ABANDONING A
RIGHT-OF-WAY GRANT
FOR PROPERTY LOCATED
ALONG RAZORBACK STATE OF ARKANSAS
ROAD AND OWNED BY ss.
THE RAZORBACK FOUND- County of Washington
UPON INC.. CONTINGENT
UPON RECEIPT AL-
TERNATE RIGHT-OF-WAY WAY
GRANT FOR THE RELOCA-; hereby cer-
TION OF AN EXISTING 24"
SEWER LINE. tify that I am the publisher o�NORTHWEST ARKANSAS TIMES, a daily
WHEREAS. the City Council newspaper having a second CIaSS mailing privilege, and being not IeSS than fourpages of
has the 1454-104 to vac-!authority under Ark. ,
code Ann.n. 14five columns each, published at a fixed place of business and at a fixed (daily) intervals
ate public grounds which continuously in the City of Fayetteville, County of Washington, Arkansas for more than
are not required for corpo-, a period of twelve months, and distributed from an established lace of business
rata purposes: entl / Pe P
WHEREAS. the chat Council
efol- to subscribers and readers generally of all classes in the City and County for adefmite price
hes determined that the col- for each copy, or a fixed price per annum, which price was fixed at what is considered the
lowing of re described right-or-
way is not required for Cor- value of the publication, based upon the news value and service value it contains, that at
Notate purposes. least fife percent of the subscribers thereto have aid cash for their subscriptions to the
NOW. THEREFORE, BE IT Y Pe P P
ORDAINED BV THE CITY newspaper or its agents or through recognized news dealers over a period of at least six
COUNCIL OF THE CITY OF months; and that the said news publishes an average of more than fort percent news
F AV E T TE V IL L E . newspaper P g forty
'ARKANSAS: matter.
,SECTION 1 . That the City
.of Fayetteville, Arkansas.
hereby vacates and aban- I further certify that the legal notice hereto attached in the matter of
dons all of its rights
together with the rights of nn
the public generally. in and
to the following described I
right-of-wary: 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.
SECTION 2. A copy Of this The fust insertion on the <�S-LJ 1 •Ilt'rrQll dayof 19 OIL(
Ordinance duly certified by IJ
the City Clerk shall be filed
in the office of the Recor- the second insertion on the day of 19
der of the County and re-
corded in the Deed Records
of the County. the third insertion on the day of 19
PASSED AND APPROVED
19this94.loth day of September., and the fourth insertion on the day of 19
APPROVED:
By: Fred Hanna. Mayor I (� p� r'/rp��[' J���J
ATTEST: R ECE I V ¢� /
By: Traci Paul, City Clerk C
' EXHIBIT "A"
LEGAL DESCRIPTION OCT 04 1994 Publisher / General Manager
A permanent easement, 20
feet in width, and being 10
feet on each side of the FINANCE
centerline of a proposed sa- DEPT
nitary sewer line, as con-
,
structed' and being more
particularly described as fol-
lows: Beginning at a point
which is located on the
South prop— erty I1ne, also be-
ing the North Right-of-way
line of 15th street (Old Ark-
ansas Hwy 16), said point
being approximately 61 feet
North and approximately
359 feet West of the Se n
corner of the SW 1/4 of the. Sworn to and subscribed before me on this �� 'I f
NE 1/4 of Section, thence day Of
,N 3' IVE approximately 5
. feet: thence N 6' 28" E.
.974 feet: thence N 37' 43' 19�
E, 64 feet; thence N 5. 33'
E, 188 feet, thence S 82-
32* E, 185 feet: thence N
6' 07' E. approximately 36
feet to a point on the North
(property line, said point be- Notary Public
, ing approximately 99 foot
West of the NE corner of
the SW 1/4 of the NE 1/4 My Commission Expires:
of Section 20. T16N, R30W. aQ o
Fees for Printing _$ 3 • GiL
Cost of Proof $
Total $
a, A9meKotlrtal� afcultCWkane
fio-offlcla R=rdv for vlashington Caottty.
00"=e Co :rarcby certify that Ihls In-
grumcnt v:ca {Iod for record in my offlca
ca indlcctI';r.:an and the wmo c5 now
ement
duly rccc c:..�r ocknovdod9
and ccti an in llcCard Book attd
.t• > ihcraon.
gaga c. . 1 havo horcuttta
l of mtd
set my hun, cnd affixed the wa
Court on Pno da= indicated homer►
Alma t(ollm7yu
arcull Ovit cr d
asci du
bW
a
