HomeMy WebLinkAboutOrdinance 4182 ORDINANCE NO. 4182
AN ORDINANCE VACATING AND ABANDONING THREE
1988 WATER/SEWER EASEMENTS LOCATED AT LOTS 19 55
AND 6, ALL IN BLOCK 4 OF DRAKES REPLAT OF BLOCK 4
OF GATES SUBDIVISION OF OAK GROVE ADDITION TO
THE CITY OF FAYETTEVILLE.
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 water/sewer
easement are 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
water/sewer 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 this 7h day of September , 1999.
APPROVE
By; IZ41 u
red Hanna, Mayor
ATTEST:
. -d•.F FY` 4 ,j .
` Heather Woodruff,City k
Ci • i=
Q
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0
Ord . 4182
EXHIBIT "A"
LOT #6: W/S Easement, Book 1283, Page 345
Property Description:
Lot 6, Block 4 of Drake Replat, Block 4 of Gates' Subdivision of Oak Grove
Addition to the City of Fayetteville, Arkansas.
Permanent Easement:
A five (5) foot wide Permanent Easement parallel to, continuous with, and along
the entire West side of the above described property.
LOT #5 : W/S Easement Book 1283, Page 346
Property Description:
Lot 5, Block 4 of Drake Replat, Block 4 of Gates Subdivision of Oak Grove
Addition to the City of Fayetteville, Arkansas.
Permanent Easement Description:
A five (5) foot wide Permanent easement parallel to, contiguous with, and along the
entire East side of the above described property.
LOT # 1 : W/S Easement, Book, 1283, Page 344
Property Description:
Lot 1 , Block 4 of Drake Replat, Block 4 of Gates Subdivision of Oak Grove
Addition to the City of Fayetteville, Arkansas.
Permanent Easement Description:
A Permanent Easement described as beginning at the Southwest comer of said Lot
1 ; thence East fifteen (15) feet; thence North fifty-five (55) feet; thence East ten
(10) feet; thence North thirty-two (32) feet to the South right of way line of Louise
Street; thence west twenty-five (25) feet parallel to and contiguous with the South
right of way of Louise Street to the Northwest comer of said Lot 1 ; thence South
eighty seven (87) feet on the West property line of said Lot 1 to the point of
beginning.
Ord . 4182
Property Ownership:
Lots 2 thru 6: Drakes Replat of Block 4 of Block 4 Gates Subdivision of Oak Grove Addition
Lynn F. and Elaine B. Wade And Mary Sue Coldwell
100 N. Sang Ave. 700 Overcrest
Fayetteville, AR 72701 Fayetteville, AR 72703
521 -0848 521 -6707
Lynn F. Wade, Attorney
20 East Center St.
Fayetteville, AR 521 - 1411
Lot #l : Drakes Replat of Block 4 of Block 4 Gates Subdivision of Oak Grove Addition
Thomas W. Collins; Elizabeth Penick Collins Naidoff
1526 Franklin St., #206
San Francisco, CA 94109
STAFF REVIEW FORM
X_ AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of &12t, k1999
FROM:
Ed onn 11 l�' ol EneineerinE Public Works
antCe rvistn epartment
ACTION REQUIRED: Passage of an Ordinance vacating three 1988 Water/Sewer Easements across Lots 1 , 5 & 6,
all in Block 4 of Drakes Replat of Block 4 of Gates Subdivision of Oak Grove Addition to the City of
Fayetteville-. The vacated easements will be replaced with new easements associated with the actual line
location.
COST TO CITY:
$ None $ None None
Cost of this Request Category/P%lect Bu7get Category/Project Name
NA $ NA NA
Account Number F Used To Date Program Name
Ptolect Number Remaaii ng Balance Fund
BUDGET REVIEW: No Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: QRANTINIG AM:
�A_z4"-" ) /f�� f 441 41 & n,
Accou ate u for Date
8 3 oj9
AA orney Yr Date ADA Coordinator Date
\) L4�4 $ - 30 - 99
Purchasmg cera�
STAFF RECOMMENDATION: These easements are not being utilized by City Water/Sewer since the sewer line, that was
installed, was West of the easement areas. These vacations are conditional upon execution of new easments across Lots 5 & 2 by
the property owner, Lynn Wade et al.
0 Z �-99
iea ate cross Reference
lyet� x-30 r`i New Item: Yes . No
artme forate
Prev Ord/Res N:
chfim�e rrectorateate&14�le
✓� �"� Orig Contract Date:
ayr
Page 2
STAFF REVIEW FORM
Description Vacation of 1998 WIS easements across Lots 1 .5 & 6 Blk 4 Drakes reolat Blk 4 Gates SID Oak Grove Addition
Meeting Date September . 1999
Comments: Reference Comments:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
'f
17k L 1 . �� I LL1._a
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
DATE: August 25 , 1999
TO : Fayetteville City Council
THRU : Fred Hanna, Mayor
Charles Venable, Public Works Director
Jim Beavers, City Engineer
Tim Conklin, City Planner
FROM Ed Connell, Land Agentek/
RE : Water/Sewer Easement Vacation
Lots #1 , 5 & 6,Block 4 Drake Replat of Blk #4, Gates S/D of Oak Grove Add .
Properties owned by Elizabeth Penick Collins Naidoff and Thomas W . Collins
(Lot #1 ) : Lynn F , Wade and Mary Sue Colwell (Lots 5 & 6)
In 1988, the City of Fayetteville installed a new 6" sanitary sewer from Davidson Street to Louise
Street, West of Highland Avenue . At that point in time, easements were obtained on the common
property line between Lots 5 & 6, five (5) feet on each side, An easement was also obtained from
the owner of Lot # 1 , Block #4 of the same S/D to extend the sewer line to the main along Louise
St. Easements descriptions were written without the benefit of property surveys, the result being
that the sewer line was installed (by the City) about 15 feet West of the boundary between Lots
5 & 6 and 10 feet West of the easement area . Part of the problem was that the house on Lot #6
was built to the West property line as shown in a recent survey which was conducted for the
current owner, The current easement for Lot No . 6 is described as going through the West 5 feet
of the house.
Mr. Wade has requested a lot line adjustment between Lots 6 and 5, moving 8 feet of lot #5 to lot
#6. Accordingly, the 5 foot W/S easement is to be vacated from both Lots 5 & 6 . A larger
easement 0 5-25 feet wide) was obtained from the owners of Lot # 1 . The actual line was installed
across Lots 5 & 2 and not across Lots 6 and 1 as intended . Mr, Wade, owner of Lots 6, 5 & 21
has agreed to enter into another W/S easement across Lot #5 , as well as Lot #2, which is to the
North of Lot #5 . This new easement will be 5 feet on both sides of the existing pipe centerline .
This will put the pipe about 7-8 feet from the house on Lot #5 , the easement being within 2 feet
of the house, This vacation request includes Lot # 1 , Blk #4 W/S easement since no sewer line has
ever been run through that property . The owners of Lot #1 , Thomas Collins, at al, live in San
Francisco, CA.
You will find herewith copies of the original W/S easements across Lots 6, 5 & 1 , none of which
saw any part of the installation , You will also find copies of the new easements across Lots 5 &
21 both owned by Lynn Wade and his sister who have agreed to enter into a 10 ft . wide easement
across these properties , This vacation requests are made at the request of the City for the owners
(Wade & Collins/Naidoff) since the line was never placed in the original easements area . #
Legal Descriptions for Easement Vacations
LOT #6: W/S Easement, Book 1283, Page 345
Property Descri tQ ion :
Lot 6, Block 4 of Drake Replat, Block 4 of Gates' Subdivision of Oak Grove Addition
to the City of Fayetteville, Arkansas .
Permanent Easement :
A five ( 5) foot wide Permanent Easement parallel to , contiguous with,
and along the entire West side of the above described property .
LOT #5 : W/S Easement Book 1283, Page 346
Property Descri tp ion :
Lot 5 , Block 4 of Drake Replat, Block 4 of Gates Subdivision of Oak Grove Addition
to the City of Fayetteville, Arkansas .
Permanent Easement Description :
A five ( 5) foot wide Permanent Easement parallel to, contiguous with , and along the
entire East side of the above described property .
Lot #1 : W/S Easement, Book 1283, Page 344
Property_Description :
Lot 1 , Block 4 of Drake Replat, Block 4 of Gates Subdivision of Oak Grove Addition
to the City of Fayetteville, Arkansas .
Permanent Easement Descri to ion :
A Permanent Easement described as beginning at the Southwest corner of said Lot
1 ; thence East fifteen ( 15) feet; thence North fifty-five ( 55) feet; thence East ten ( 10)
feet; thence North thirty-two (32) feet to the South right Of way line of Louise Street;
thence West twenty-five ( 25) feet parallel to and contiguous with the South right of
way of Louise Street to the Northwest corner of said Lot 1 ; thence South eighty
seven (87) feet on the West property line of said Lot 1 to the point of beginning .
Property Ownership :
Lots 2 thru 6: Drakes Replat of Block 4 of Block 4 Gates Subdivision of Oak Grove Addition
Lynn F. and Elaine B . Wade and Mary Sue Colwell
100 N . Sang Ave . 700 Overcrest
Fayetteville, AR 72701 Fayetteville, AR 72703
( 501 ) 521 -0848 521 -6707
Lynn F . Wade, Attorney
20 East center St.
Fayetteville, AR 521 - 1411
Lot # 1 : Drakes Replat of Block 4 of Block 4 Gates Subdivision of Oak Grove Addition
Thomas W . Collins; Elizabeth Penick Collins Naidoff
1526 Franklin St. , # 206
San Francisco, CA 94109
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LEGEND
[ER : LYNN WADE ® FOUND IRON PIN
[� FOUND PIPE
KESS : 601 N. HIGHLAND AVENUE 0 CONCRETE MONUMENT
114 DAVIDSON STREET ® FOUND R . R . SPIKE
116 DAVIDSON STREET Q SET IRON PIN
® COTTON SPINDLE
+ COMPUTED CORNER
A R /W MON .
x CHI SLED " x"
NAME WASHINGTON COUNTY ABSTRACT [PG. 445
Alan Reid CITY FAYETTEVILLE COUNTY
& ASSOCIATES WASHINGTON
PROFESSIONAL STATE ARKANSAS DATE AUGUST 16 , 1999
LAND
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Book 1238, Page 344
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° - - - - --- _ - -.- 65.93 61L avi sort .Street 89°39'41"E
Book 1283, Page 346 (To be Vacated) Basis: Alan Reid Survey, Dated August 16, 1999
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Property L
(Before
Original Easement (5 ft. each side of property line)
Book 1283, Page 345
(To be Vacated)
Lot #5
Book 1283
Page 346
(To be Vacs
BIk No.4
at of Block 4 of Block 4 of the
the Oak Grove Addition
* Easement subsequent to House
Property Line
R/W Line
132.97
C/L Davidson Street N89°34'4i_ E_
Title: Lot #6, Blk #4, Drakes Replat Blk 4, Gates S/D,Davidson St.
Scale: 1 inch = 24 feet File: LWADE-06.DES
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Tract 1: 0.238 Acres: 10358 Sq Feet: 962.3 Sq Meters: No significant closure error.: Perimeter = 408 feet
Tract 2: 0.119 Acres: 5192 Sq Feet: 482.4 Sq Meters: No significant closure error.: Perimeter = 500 feet
Tract 3: 0.022 Acres: 960 Sq Feet: 89.2 Sq Meters: No significant closure error. : Perimeter = 212 feet
Tract 4: 0.039 Acres: 1679 Sq Feet: 155.9 Sq Meters: No significant closure error. : Perimeter = 202 feet
Date: 08-18-1999
001=N89.3941E 107.89
014=n89.3941e 5.00
027=S89.3858W 13.6
002=N0.0W 96
015=n00.0054w 95.98
028=N0.0W 11.9
003=889.3858W 107.92
016=s89.3858w 10.00
029=S89.3858W 19.3
004=S0.0054E 95.98
017=s00.0054e 95.98
030=S0.0E 17
005=@3
018=n89.3941e 5.00
031=S89.3858W 20
006=/N89.3858E 25
019=@l
032=S0.0054E 7.4
007=S89.3858W 25
020=/N0.0054W 23.2
033=N89.3858E 3.6
008="S0.0E 96
021=N89.3941E 23.3
034=S00.0054E 3.0
009="S89.3941 W 107.98
022=S0.0054E 1.1
035=889.3941W 6.90
010=S0.0054E 21
023=N89.3941 E 20.7
036=s00.0045w 12.79
011=N89.3941E 132.97
024=N0.0054W 1.1
012=N0.0W 117
025=N89.3941E 12.2
013=@I
026=N0.0W 28.3
RIGHT OF WAY GRANT
TRACT NO..._ ................
STATE OF ARKANSAS
COUNTY OF WASHINGTON
} KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of ..._._.._. One D0113r--.-,-_-.-.--.-.-77.7-7---7777-------------
and other valuable considerations to the undersigned, Vera Drake Wade, Doris Drake Wiggleswor. Ch
Lynn F. Wade, Trustee
___ o£__ the.. N,F.., Drak_e.Trust ............................. ..............
................... .....
paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND COVEY unto
the City of Fayetteville, Arkansas, a municipal corporation (herein styled Grantee), its successors and assigns, the right
of way and casement in 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:
PROPERTY DESCRIPTION:
Lot 6, Block 4 of Drake Replat, Block 4 of Gates' Subdivision of Oak
Grove Addition to the City of Fayetteville, Arkansas.
EASEMENT DESCRIPTION:
A five (5) foot wide Permanent Easement parallel to, contiguous with,
and along the entire West side of above described property,
A twenty-five (25) foot wide Temporary Construction Easement parallel
to, contiguous with, and along the entire West side of above described
property less and except any part within five (5) feet of a permanent
building.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, man-
holes and/or appurtenances thereto shall be maintained, with ingress to and egress from the real estate first hercinabove
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 hercinbefore 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 con-
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 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 add tional pipe lines upon the above described casement at any time
in the future and agrees to pay any damages as a result of such future construction as set out in this casement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right (syycby ti
granted. All covenants and agreements herein contained shall extend to and be binding upon the respeetive_hheirelegalq
representatives, successors and parties the of assigns hereto. - D �- i
ga v; M
It is hereby understood and agreed that the party securing thisgrant in behalf of the Grantee is wi
g (r c auNrit--
to make any covenant or agreement not herein expressdl. _ •rj
sc
1 NESS the execution hereof this the .._.. `.'. `......... ......... day of .._. ......_
( X s 4 2� /�4L M o cD o
Lys Wade, Truste of the Vera Drake Wad .....n............o
n w
N.F. Drake Trust eawo
__11 ......
Dor s ra 12g e�wo
ACKNOWLEDGMENT
STATE OF ARKANSAS l 118[R 1283PRGE345 COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before me, a Notary Public within and for said County and State, duly silt
4 Vera Drake Wade, Doris Drake-Wi.ggLeswo_th ..
commission sonally appeared .. Lynn. F....Wade.,...Trustee of. ..the...N. F........... to me well
"� --" Drake Trust
known $s at
t®r7 h executed the foregoing Right of Way Grant, and that ......they.. had executed the sarpC�
•J \
for the< �e ur :b therein mentioned and set forth,
lx
WIT' S W1 and�eal on this ........A l? ...................... da o.................. e t ......... 19
S Easement
,bandoned
283, Page 346
Data and Deed Call Listine of File: WADE-5A.DES
Tract 1:
0.145 Acres:
6328 Sq Feet:
587.9
Sq Meters: No significant closure error.
: Perimeter = 324 feet
Tract 2:
0.018 Acres:
768 Sq Feet:
71.3
Sq Meters:
No significant closure error.
Perimeter = 208
feet
Tract 3:
0.011 Acres:
480 Sq Feet:
44.6
Sq Meters:
No significant closure error. :
Perimeter = 202
feet
Tract 4:
0.019 Acres:
837 Sq Feet:
77.7
Sq Meters:
No significant closure error. :
Perimeter = 126
feet
Tract 5:
0.000 Acres:
0 Sq Feet: 0.0 Sq Meters: Closure = s0l.3250w 96.03 feet:
Precision =1/ 1:
Perimeter = 96 feet
Tract 6:
0.022 Acres:
961 Sq Feet:
89.3
Sq Meters:
No significant closure error. :
Perimeter = 212
feet
001=N00.0054W 95.98
002=S89.3858W 65.95
003=S00.0130E 95.96
004=N89.3941 E 65.93
005=@1 PLA
006=S89.3941 W 8.00
007=N00.0054W 95.98
008=N89.3858E 8.00
009=••S00.0054E 95.98
010=@l Original Easement
011=S89.3941W 5.00
012=N00.0054W 95.98
01 3=N89.3858E 5.00
014=s00.0054e 95.98
015=@l Lot 5 House
016=/S89.3858W 21.801
017=/N00.0054W 26.5
018=N88.5024W 34.4
019=N01.0936E 23.1
020=S88.5024E 12.0
021=N01.0936E 5,3
022=S88.5024E 7.9
023=501.0936W 5.3
024=S88.5024E 14.5
025=S01.0936W 23.]
026=@ 1 New Easement Lot 5
027=/S89.3941 W 8.00
028=1589.3941W 9.43
029=N02.4027E 66.75
030=N01.0108W 29.32
031=@ 1 New Esmt Area Lot 5
032=/S89.3941W 8.00
033=1589.3941W 9.43
034=n89.3941 a 5.01
035 n02.4027e 66.65
036T01.0108w 29.42
037=s89.3858w 10.00
038=s01.0108e29.22
039=s02.4027w 66.85
04089.3941 a 5.01
� n
RIGHT OF WAY GRANT
TRACT NO ....................
STATE OF ARKANSAS T COUNTY OF WASHINGTON KNOW ALL MEN BY THESE PRESENTS:
in One Dollar _______________________________
That for and consideration of ....... ... ... ..................... _........ .........._ .._..... . _ ......... '
and other valuable considerations to the undersigned, Vera Drake Wade Dor.i9 Drake Wigglesworth
..Lynn F. Wade, Trustee ...of...theN,.F......Drake _..Trust ...........................................................................
paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND COVEY unto
the City of Fayetteville, Arkansas, a municipal corporation (herein styled Grantee), its successors and assigns, the right
of way and casement to constrict, 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:
PROPERTY DESCRIPTION:
Lot 5 Block 4 of Drake Replat, Block 4 of Gates' Subdivision of Oak
Grove Addition to the City of Fayetteville, Arkansas.
EASEMENT DESCRIPTION:*
�\' A five (5) foot wide Permanent Easement parallel to, contiguous with, and
along the entire East side of above described property.
A twenty-five (25) foot wide Temporary Construction Easement parallel to,
contiguous with, and along the entire East side of above describedwr(S er_Ey
less and except any part within five (5) feet of a permanent buiWgsg c
r-- n
rn c.
rr 3 rn
< o
cc o
p O
r s o
rs
TO HAVE AND TO BOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, man-
holes 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 con-
• struction, maintenance and operation as determined by three disinterested persons, one thereof to he appointed by the
tZsaid 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.
P 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 casement.
The consideration first above recited as being pail to Grantor by Grantee is in full satisfaction of every right hereby g'
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.
2
el
It is hereby understood and agreed that the party securing this grant in behalf of the Grantee is without authority
bto make any covenant or agreement not herein exprressed. n cA_J 1 ITNESS the execution hereof t ... .�.6. ... day of .1-.-(-4 (,wr)r_ . .Q...... ., 19 ') 9
t
T o
.r
Lynn F. Wade, Trustee of the N.F. Vera Dra Wa a
Drake Trust -�
k{�,/�r�,l51' I �-
�"47tprv.
ACKNOWLEDGMENT
STATE OF ARKANSAS l lIB(R1283PR�E346 H
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before me, a Notary Public within and for said County and State duly.
Vera Drake Wade, Doris Drake Wiggieswort}r• ..
. commissioned and,adlinjpers on ally appeared ...Lynn...E.....Wade.,.....Trua.tee _O ):....the.. N, I?.,_,,,_..._, to me well U,'.
S 4` Drake Trust
known as the pi n4 0 jxecuitd the foregoing Right of Way Grant, and that they had executed the same
w for the cAsi4tit rl ab t1icrcin mentioned and set forth,
J l
UJ•9wbr t ` hi .. .. da f ... L. —V- ......, 19 9 ...
Y I_
r
Louise Street
i
if
Title: Lot No. 1, Blk No. 4, Highland Ave., Elizabeth Naidoff
Scale: 1 inch = 18 feet (File: WADE-1SV.DES
Date: 08-24-1999
Tract 1: 0.200 Acres: 8693 Sq Feet: 807.6 Sq Meters: No significant closure error. Perimeter = 374 feet
Tract 2: 0.037 Acres: 1625 Sq Feet: 150.9 Sq Meters: No significant closure error. : Perimeter = 224 feet
001=N00.0048W 86.98 005=Q1 009=N00.0048W 31.99
002=N89.3814E 99.95 006=N89.3958E 15 010=S89.3814W 25
003=S00.0023W 87.00 007=N00.0048W 55 011=s00.0048e 86.98
004=S89.3858W 99.92 008=N89.3858E 10
RIGHT OF,' WAY GRANT
• TI:ACT NO. ........_.... ..
T OF WASHINGTON OF ARKANSAS KNOW ALL MEN BY THESE PRESENTS:
COUNTY • That for and in consideration of. One Dollar---------------------- ----------
and other valuable considerations to the undersigned, Elizabeth Penick Collins Naidof. -
.. _h.. .. .ick... Collin. .f .. .
surviving joint tenant
............... .....................................................................................................................................................
paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND COVEY unto
the City of Fayetteville, Arkansas, a municipal corporation (herein styled Grantee), its successors and assigns, the right
of way and casement in construct, lay, remove, relay, enlarge and operate a water and/or ,ewer pipe line or ;inch,
... .. manholes, and appurtenances thereto, on, over, across, and under the fol lnwing described real estate, to -wit:
PROPERTY DESCRIPTION:
Lot 1, Block 4 of Drake Replat, Block 4 of Gates' Subdivision of Oak Grove
Addition to the City of Fayetteville, Arkansas.
EASEMENT DESCRIPTION:
beginning at the Southwest corner of said is Permanent Easeman� described as
:; Lot 1; thence East fifteen (15) feet; thence North fifty-five (55) feet;
thence East ten (10) feet; thence North thirty-two (32) feet to the South
right-of-way line of Louise Street; thence West twenty-five (25) feet parallel
to and contiguous with the South right-of-way of Louise Street to the North-
west corner of said Lot 1; thence South eighty-seven (87) feet on the West
)._ property line of said Lot 1 to the point of beginning.
• �• A Temporary Construction Easement described as beginning at the Southwest
corner of said Lot 1, thence East twenty-five (25) feet; thence North forty-
seven (47) feet; thence East fifteen (15) feet; thence North forty (40) feet; ..
thence West forty (40) feet; thence South eighty—seven (87) feet to the point
of beginning less and except any part within five (5) feet of a permanent
building.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, man-
holes and/or appurtenances thereto shall be maintained, with ingress to and egress frontthe 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 hereinbetorc granted to the slid
v 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 bnttom lank 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 con -
Fstructinn, maintenance and operation as determined by three disinterested, persons, one thereof to be appointed by the
4 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. - 1J
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 a% set out in this casement. ..
o a
R The consideration first above recited as being paid to Grantor by Grantee is in hill satisfaction of every right hereby tll
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. -b
w
It is hereby understood and agreed that the party securing this grant in behalf of the Grantee is svithou autl city.--^
• to make any covenant or agreement not herein expressedn Cr C- mCD
Cc _,
o _
33 v
WITNESS the execution hereof this the'- :. ..............LS..... day of ..........�...� J .f. r— ,r: 19
,syataltetteefl,yuessruustmunmureurrruuun. 5
NICOLE N. NICHOLSON = 3
r
... s i NOTARY PUBLIC CALIFORNIA i .. ._...._.................._...,./..�.. - .........._ .I .. m
'I � Cltt 8 COUNTY OF SAN FRANCISCO Y. . Yom.... e. ['L... se43 ..r 5md r
My Commission [xoirtt June 21, 1991 a
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,Z Eliza h Penick Collins Naidffs
GSA, ACKNOWLEDGMENT cn
STATE OF
.w� BN -.,G LIBER1283PI,GEM` -
BE IT REMEMBERED, that on this date, before me, a Notary Public within and for said County and State. duly
Elizabeth Penick Collins Naidoff,
commissioned and acting, personally appeared ........ ........... ................., to me well
known as the person(s) who executed the foregoing Right of Way Grant, and that .._she .... had executed the same/' n\
for the consideration and purpose therein mentioned and act forth.
WITNESS my hand and scot on this ......../......................da da of ..... .. Y.c?.L.........................., .... .......... 19. d U
277/
Property Line
IJ
C
O
MH 4 '\t ' 15'
No. 2, BIk
No Original
#5, BIk #4
Lot Line
(Not Open)
Book 1238, Page 344
Lot No. 1, BIk No.4
�� Q
Book 1283, Page � To be Vacated) a)
Lot No. 6, Blk No.4 :.a
Gates Replat of Block No.4 of the
Gates Subdivision to the Oak Grove Ad tion I
House Footp
* Easement
Book 1283, Page 346 (To be Vacated)
Line
to
Basis: Nan Reid Survey, Dated August 16, 1999
FILED FOR RECORD
Parcel No. 7a5-Oa952-000
Lot No. 2 c5 W/�z '99 SEP 13 AP? 10 59
WASHINGTON CO AR
WATER/SEWER EASEMENT K. HARNESS
BE IT KNOWN BY THESE PRESENTS:
THAT WE, Lynn F. Wade and Elaine B. Wade, husband and wife, and Mary Sue Colwell, a single
person, hereinafter called GRANTORS, for and in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY
unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto
Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or
operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and
under the following described land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION:
Lot 2 of Block 4, Drake Replat of Block 4 Gates' Subdivision of Oak Grove Addition to the City of
Fayetteville, Arkansas
PERMANENT EASEMENT DESCRIPTION:
A ten (10) foot wide permanent easement, being five (5) feet on both sides of a centerline, said
centerline being more particularly described as follows: Beginning at a point on the South line of
said Lot 2 of Block 4, said point being North 89° 38' 58" East 51.14 feet from an iron pin at the
Southwest corner of said Lot 2; thence North 010 01' 08" West 86.98 feet to the North line of
said Lot 2 and the end of this easement, said point being North 89° 38' 14" East 49.63 feet from
an iron pin at the Northwest corner of said Lot 2, containing 870 square feet (0.020 acre), more or
less,
together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment
of the rights herein granted.
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, together with free ingress to and egress from the real
estate first hereinabove described for the uses and purposes hereinabove set forth.
The said Grantors are 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 Grantors; 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.
It is expressly understood that the above easement shall exclude any permanent structure located within said
easement area at the time of the execution of this document.
The Grantors agrees not to erect any buildings or structures in said permanent easement 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 Grantors 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 document in behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the 30day 1999.
LSG N
y F. Wad a Elaine B. Wade
Mary Sue olwell
99082861
r ,
WATER/SEWER EASEMENT
Page 2 of 2
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary
Public within and for said County and State, personally appeared Lynn F. Wade and Elaine B. Wade, husband and
wife, and Mary Sue Colwell, a single person, to me well known as the persons who executed the foregoing
document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for
the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this �OH%ay of , 1999.
11 0 �nl_i L UYi��
Notary Public
MY COMMISSION EXPIRES: ../', Y > .�;^•
,
.
4.
9908986'2
Parcel No. 765-08954000
Lot No. 5
FILED FOR RECORD
WATER/SEWER EASEMENT99 SEP 13 APB 10 59
BE IT KNOWN BY THESE PRESENTS:
WASHINGTON CO AR
K. HARNESS
THAT WE Lynn F. Wade and Elaine B. Wade, husband and wife, and Mary Sue Colwell, a single
person, hereinafter called GRANTORS, for and in consideration of the sum of One Dollar (81.00) and other good
and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY
unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto
Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or
operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and
under the following described land situated in the County of Washington, State of Arkansas, to -wit:
lJats]ata!]i.I;II2i['Ii
L
Lot 5 of Block 4, Drake Replat of Block 4 Gates' Subdivision of Oak Grove Addition to the City of
Fayetteville, Arkansas
[;I_:u. a _u i ! •
A ten (10) foot wide permanent easement, being five (5) feet on both sides of a centerline, said
centerline being more particularly described as follows: Beginning at a point on the South line of
said Lot 5 of Block 4, said point being North 89° 39' 41" East 48.50 feet from the Southwest
corner of said Lot 5; thence North 02° 40' 27" East 66.75 feet to a sanitary sewer manhole;
thence North 01° 01' 08" West 29.32 feet to the North line of said Lot 5 and the end of this
easement, said point being North 89° 38' 58" East 51.14 feet from the Northwest corner of said
Lot 5, containing 961 square feet (0.022 acre), more or less,
together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment
of the rights herein granted.
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, together with free ingress to and egress from the real
estate first hereinabove described for the uses and purposes hereinabove set forth.
The said Grantors are 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 Grantors; 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.
It is expressly understood that the above easement shall exclude any permanent structure located within said
easement area at the time of the execution of this document.
The Grantors agrees not to erect any buildings or structures in said permanent easement 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 Grantors 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 document in behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of_, J. uCT t1LZh , 1999.
yn de Elaine B. Wade
MI
Mary bue Coiell &q /
FIR
99082859
tee
WATER/SEWER EASEMENT
Page 2 of 2
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary
Public within and for said County and State, personally appeared Lynn F. Wade and Elaine B. Wade, husband and
wife, and Mary Sue Colwell, a single person, to me well known as the persons who executed the foregoing
document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for
the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this .�171"h day of 1999.
MY COMMISSION EXPIRES:
10 -3► -03
00082860
FAY ETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
August 26, 1999
Mr. Lynn F. Wade, Attorney
20 East Center Street
Fayetteville, AR 72701
RE: Water/Sewer Easement Vacation
Lots 1, 5 & 6, Block 4 of Drakes Replat
of Block 4 Gates Subdivision of Oak Grove Addition
Replacement Easements
Dear Mr. Wade:
The City staff has decided not to submit the request for vacation of the 1988
Water/Sewer easements across the subject lots to the Fayetteville Planning Commission and to
submit the request directly to the Fayetteville City Council for the meeting of September 21,
1999. It is noted that Lot #1, belonging to Elizabeth Penick Collins Naidoff, is also included in
this vacation request.
Since these easements are for City Water/Sewer usage alone and the vacation will affect
no other parties except for yourselves and Ms. Naidoff, it was decided to go directly to the
Council for vacation. The one contingency to this approach is that we have executed permanent
easements in hand prior to the vote on this vacation ordinance.
Please find herewith execution originals of a Water/Sewer Easement, each for Lot No. 5
and Lot No. 2, being 5 feet on both sides of the centerline of the sewer line as constructed and
surveyed by Alan Reid and Associates. Please have your wife and your sister, as well as
yourself, sign these easements, have the documents notarized, and returned to this office so
that we can show evidence in the final information package to the City Council. The new
easements will not be filed with the Washington County Circuit Clerk until after approval of the
vacation is passed by the Council.
If you have any questions, please do not hesitate to give me a call at 444-3415.
Sincerely yours,
' dward D. Connell
City Land Agent
Enclosures
\edc
113 WEST MOUNTAIN 72701 501 521-7700
FAX 501 575-8257
Property Line
___-- .--.-.__...-...-.CL.Louise.Street._.__._...._._._........................................ ;
1 'W Q % 15 (NotOpen)
589%8']4 99.95
65.96 N89°38'l4"E
Book 1238, Page 344
3
of No. 2, Blk a a Lot No. 1, BIk No.4
NoO�gina1ELnt
'C7
57.95_________ .S89°3838"W eartrsaw...o
yn89°38.58"e Book 1283, Page Io beVacated) v
W Lot No. 6, Blk No.4
Gates Replat of Block No.4 of the !, 3
Gates Subdivision to the Oak Grove Ad 'tion
of #5, BIk #4
O S o
House Footprin
* Easement su sequent to Hot se
roperty Line
S89°3941"W 99.89
g I1J5\ L111.. 57.931 N89°39'41 'E
Lot Line Ad'�yyjustment r
�$ S89°39'41" _ _ 132.97._......._................._..._._....._._._o
............._.-.-...63.93 %L 2viut01'l Stt tt ..... ..... N89°39'41"E
Book 1283, Page 346 (To be Vacated) Basis: Alan Reid Survey, Dated August 16, 1999
Fir.✓
• Parcel No. 765-08954-000 .
Lot No. 5
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE Lynn F. Wade and Elaine B. Wade, husband and wife, and Mary Sue Colwell, a single
person, hereinafter called GRANTORS, for and in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY
unto the City of Fayetteville. Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto
Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or'
• operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and
under the following described land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION:
• Lot 5 of Block 4, Drake Replat of Block 4 Gates' Subdivision of Oak Grove Addition to the City of
• Fayetteville, Arkansas ..
PERMANENT EASEMENT DESCRIPTION:
A ten (10) foot wide permanent easement, being five (5) feet on both sides of a centerline, said
• centerline being more particularly described as follows: Beginning at a point on the South line of
said Lot 6 of Block 4, said point being North 89° 39' 41" East 48.50 feet from the Southwest
• corner of said Lot 5; thence North 02° 40' 27" East 66.75 feet to a sanitary sewer manhole;
thence North 010 01' 08" West 29.32 feet to the North line of said Lot 5 and the end of this
easement, said point being North 89° 38' 58" East 51.14 feet from the Northwest corner of said
Lot 5, containing 961 square feet (0.022 acre), more or less,
together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment
of the rights herein granted.
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, together with free ingress to and egress from the real
estate first hereinabove described for the uses and purposes hereinabove set forth.
The said Grantors are 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 Grantors; 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.
It is expressly understood that the above easement shall exclude any permanent structure located within said
easement area at the time of the execution of this document.
The Grantors agrees not to erect any buildings or structures in said permanent easement 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 Grantors 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 document in behalf of the Grantee is without
• authority to make any covenant or agreement not herein expressed.
- -
WITNESS the execution hereof on this the ,_ day of 1999.
Mary u� e Cowell
WATERISEWER EASEMENT
Page 2 of 2
ACKNOWLEDGMENT
STATE OF ARKANSAS I
I ss.
COUNTY OF WASHINGTON I
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary
Public within and for said County and State, personally appeared Lynn F. Wade and Elaine B. Wade, husband and
wife, and Mary Sue Colwell, a single person, to me well known as the persons who executed the foregoing
document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for
the consideration, uses and purposes therein mentioned and set forth. ......I11_--
WITNESS my hand and seal on this day of 1999.
al Lh�mm�n�
Notary Public
MY COMMISSION EXPIRES:
IY J .
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Parcel No. 765-08952000
Lot No. 2
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS
THAT WE, Lynn F. Wade and Elaine 8. Wade, husband and wife, and Mary Sue Colwell, a single
person, hereinafter called GRANTORS, for and inconsideration of the sum of One Dollar (81.00) and other good
and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY
unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto
Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or
operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and
under the following described land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION:
Lot 2 of Block 4, Drake Raplat of Block 4 Gates' Subdivision of Oak Grove Addition to the City of
.. Fayetteville, Arkansas
PERMANENT EASEMENT DESCRIPTION:
A ten (10) foot wide permanent easement, being five (5) feet on both sides of a centerline, said
centerline being more particularly described as follows: Beginning at a point on the South line of
said Lot 2 of Block 4, said point being North 89° 38' 58" East 51.14 feet from an iron pin at the
Southwest corner of said Lot 2; thence North 010 01' 08" West 86.98 feet to the North line of
said Lot 2 and the end of this easement, said point being North 89° 38' 14" East 49.63 feet from
an iron pin at the Northwest corner of said Lot 2, containing 870 square feet (0.020 acre), more or
less,
together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment
of the rights herein granted.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines,
manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real
estate first hereinabove described for the uses and purposes hereinabove set forth.
The said Grantors are 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 Grantors; 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.
It is expressly understood that the above easement shall exclude any permanent structure located within said
easement area at the time of the execution of this document.
The Grantors agrees not to erect any buildings or structures in said permanent easement 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 Grantors 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 document in behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the 30 day (iii 1999.
y F.F. Wads Elaine B. Wade
Mary Sue 501we11 L�
WATER/SEWER EASEMENT
Page 2 of 2
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary
Public within and for said County and State, personally appeared Lynn F. Wade and Elaine B. Wade, husband and
wife, and Mary Sue Colwell, a single person, to me well known as the persons who executed the foregoing
document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for
the consideration, uses and purposes therein mentioned and set forth. . ,�, . �_.-}}--
WITNESS my hand and seal on this _80S - aay of l '�A 1cc 1999.
11 0 (ill OJltJ
Notary Public
MY COMMISSION EXPIRES: '' • = % `.
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Ed Connell, Engineering
From: Heather Woodruff, City Clerk
Date: September 16, 1999
Attached is a copy of the ordinance approving the vacation and abandonment of three
water/sewer easements located in the Oak Grove Addition. The original will be file marked at
the county, then microfilmed and filed in the City Clerk's office.
cc. Tony Webb, Planning
Clyde Randall, Engineering
John Goddard, Data Processing
ORDINANCE NO. 4182
AN ORDINANCE VACATING
AND ABANDONING THREE
1988 WATER/SEWER EASE-
MENTS LOCATED AT LOTS 1,
5, AND 6, ALL IN BLOCK 4 OF
DRAKES REPLAT OF BLOCK
4 OF GATES SUBDIVISION
OF OAK GROVE ADDITION
TO THE CITY OF FAYETTE-
VILLE
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 purpos-
es; and
WHEREAS, the City Council
has determined that the follow-
ing described water/sewer
easement are not required for
corporate purposes.
NOW, THEREFORE, BELT
ORDAINED BY THE CITY
COUNCIL OF FAYETTE-
VILLE, 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
water/sewer 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
this 7th day of September,
1999.
APPROVED:
By: Fred Hanna. Mayor
ATTEST:
By: Heather Woodruff, City
Clerk
IVi ETCRS:,:? ?i�l ED
STATE OF ARKANSAS
County of Washington } ss.
ACCTG. DEPT
I, JEFF JEFFUS, 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 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 for a definite price for each copy, or a fixed
price per annum, which price was fixed at what is considered the value of the
publication, based upon the news value and service value it contains, that at
least fifty percent of the subscribers thereto have paid for their subscriptions
to the newspaper or its agents or through recognized news dealers over a
period of at least six months and that the said newspaper publishes an
average of more than forty percent news matter.
RECEIVED
DEC 28 1999
I further cepify that the legal notice attached in the matter of
was published in the regular daily issue of said newspaper for
consecutive insertions as follows:
The first insertion on the ///1 day of 19
the second insertion on the
the third insertion on the
day of 19
day of 19
the fourth insertion on the ay of 19 —
er/General Manager
Sworn to and subscribed before me
on this . day of
/ 1(u 19 V
...................)k Note
Catherine Sall tS ry Public
My Commission Expires: >. Wafot�.l ting- -•
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Fees for Printing.......................................................$
Costof Proof.............................................................$
Total..........................................................................$