HomeMy WebLinkAboutOrdinance 4228 ( 1.
FILED FOR
RECORD
� 00 I1Afl 15 P(1 3 17
WASHINGTON CO qR
K• HARtIESS
ORDINANCE NO. 4228
AN ORDINANCE VACATING AND ABANDONING A 50 FT.
WIDE WATER/SEWER EASEMENT RUNNING ALONG
HAMSTRING CREEK, FILED IN WASHINGTON COUNTY AS
BOOK 856 AT PAGE 720 DURING THE YEAR 1973 .
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 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
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.
'P4ki D AND APPROVED this 7h day of March , 2000.
F
APPROVE
D-
31A
By:
Fred Hanna, Mayor
ATTEST:
By:
Heather Woo ruff, City CWk
200001 9666
ORD . 4228
EXHIBIT A
EXHIBIT "A"
P oP
.De3
PROPERTY DESCRIPTION:
As recorded in Book 842, page 394. Part of the W1/2 of the SETA of Sectionl , T- 16-N,
R-31 -W.
Easement:
A permanent easement 50 feet in width, said easement being 25 feet either side of and
measured normal to a survey line more particularly described as follows. Beginning at a point
approximately 280 feet south ofthe NW corner of said 80 acre tract, thence north 76°40' east 7 feet,
thence south 72 °34' east 1274 feet, thence north 78° 19' east 105 feet to a point approximately 640
feet south of the NE comer of said 80 acre tract.
The survey line is further identified as the centerline of the first sewer line as constructed.
Also, a temporary construction easement of 30 feet width along the parallel with the north side of
the above described permanent easement.
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NAME OF FILE: OlfDisliO /�o "��Z�
CROSS REFERENCE:
Date Contents of File Initials
3- DO
FAYETTE r
V�LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
DATE: January 10, 2000 ` J
TO: Fayetteville City Council / r
THRU: Fred Hanna, Mayor
Charles Venable, Director of Public Works
Jim Beavers, City Engineer
Dave Jurgens, Water/Sewer Maintenance Superintendent
FROM: Ed Connell, Land Agent,(
RE: Hamstring Creek Sewer Lines Easement
There are two sewer lines that run out along Hamstring Creek, one being gravity and the other being a forced main line.
These lines were constructed in 1974-75 and easements were obtained from the property owners at that time.
It has recently been brought to the City's attention that the actual sewer lines are located outside the described easements.
Accordingly, so as not to have on future controversy or to have a cloud on the title of the properties, the City has taken
survey information performed by others, and rewritten the easements for the following two properties listed below. The
correct data has been confirmed by the City, thus we concur with the revised easement descriptions. The original easement
document (Book 856 @ Page 720) was with Berneda Stewart, now Berneda Stewart King, This original easement went
across an area 1/4 mile wide. Subsequent to said easement, the West 15 acres was sold.
Within the past few weeks, the property owners of the two parcels which make up the original tract, have signed separate
easements which reflect the proper location of the existing lines. The old easement was 50 ft. wide and so are the new
easements. The purpose of this request is for the vacation of the original easement. There may be other areas along these
sewer lines where the actual lines are not in the easements as described. As time permits and survey information becomes
available, such new easements will be prepared and the Council will be asked to vacate the original easements. No other
utilities are located in or utilize the original City easements. Other utilities may cross this easement, but they have their own
easements.
If additional information is required, please do not hesitate to contact me at 444-3414.
• PrcJW No. (1974) • •
HamsU119 Creek Sewer
*Parcel No. 001-11399-000
Tract No. 1-1-5 'FILED FOR RECORD
WATER/SEWER EASEME� UEC 30 8n 10 31
WASHINGTON CO AR
BE IT KNOWN BY THESE PRESENTS: K . HARNESS
THAT I, Berneda Cordella Stewart King, hereinafter called GRANTOR, 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:
Apart of the West-half (W%) of the Southeast Quarter(SE'/.)of Section One (1) in Township Sixteen (16) /SE77
North, Range Thirty-one (31 ) West, bounded and described as follows: Beginning at a point 1081 feet �Ok
North and 419 feet East of the Southwest comer of said quarter section and running East 901 feet; thence
North 1559 feet; thence West 901 feet; thence South 1559 feet to the Point of Beginning, except that part
lying North of the road running along the North line thereof. Subject to all public and private roads and
easements.
PERMANENT WATERISEWER EASEMENT DESCRIPTION:
A permanent easement 50 feet in width, said easement being 17 feet North of and 33 feet South of the
centerline of a gravity sewer line, installed in 1976, said centerline being more particularly described as
follows, to-wit: Beginning at a point on the West quarter section line of the property described hereinabove,
said point being South 020 15' 44" West 326.00 feet from the Northwest comer of said quarter section;
thence North 790 46' 08" East 8.63 feet; thence South 700 27' 43" East 431 .14 feet; thence South 690 45'
37" East 271 .72 feet; thence South 700 11 ' 54" East 293.51 feet; thence South 700 19' 59" East 276.70
feet; thence North 77. 59' 53" East 100.78 feet to a point on the East line of the property first described
hereinabove and being the end of this easement, said point being approximately 676 feet South of the
Northeast comer of the West-half (W'/) of the Southeast Quarter of said Section One, and containing 1 .09
acres, more or less.
The bearings for this easement description are based on the City of Fayetteville Global Positioning Satellite
System, which may vary from the bearing system previously used in describing the subject property,
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 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 pward 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 Grantor 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..Prantee is without
authority to make any covenant or agreement not herein expressed. '
9911515
WATERISEWER EAST •
Page 2 of 2
{
1999
WITNESS the execution hereof on this the .79�*day of 014ROr JIn the year 2l g .
Bemeda Cordelia Stewart King V
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 Berneda Cordella Stewart King, a.k.a. Barnacle Stewart,
a.k.a. Berneda Cordella Stewart, to me well known as the person who executed the foregoing document, and who stated
and acknowledged that she had so signed, executed and delivered said instrument for the consideration, uses and
purposes therein mentioned and set forth.
..._...._ ��77 /lam
WITNESS my hand and seal on this c7?57Y4 da of �1ECf�+4E�-
y , in the year7ABB�
::°J rot
MY COMMISSION EXPIRES: w :
2N. , .
0 0
99115155
i
TRACT NO. .....Z'lr' .. I . .
S•f:�TE OF ARKANSAS } KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WASHINGTON
Thatfor and in consideration of .................................................................................................................................................. .
and other valuable considerations to the undersigned. ................. . ;`,_Berneda_Stegagp ,_i p,,,hg.f....4.v+n
right
..................................................................................................................................................................................................:.............
...
paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND CO JEY unto
the City of Fayetteville, Arkansas, a municipal corporation (herein styled Grantee), its successors and assigns, the right
relay, enlarge and operate a water and/or sever pipe line or lines,
of way and casement to construct, lay, remove,
.xxxxxxxxMMnlrolo, and appurtenances thereto, on, over, across, and under the following described real estate, to-wit: -
Property Description :
As recorded in Book 842, page 394 . Part of the Wt of the SE4' of Section 1,
' T-16-II, R-31-W,
Easement :
A permanent easement 50 feet in Width, said easement being 25 feet either side
of and measured normal to a survey line more particularly described as follows .
Beginning at a point approximately 280 feet south of the NW corner of said 80
acre tract, thence north 76' 401 east 7 feet, thence south 720 341 east 1274
feet, thence north 780. 191 east 105 feet to a point approximately 640 feet south ' - ••
of the NE corner of said 80 acre tract ,
The survey line is further identified as the centerline of the first sewer line
as constructed . Also, a temporary construction easement of 30 feet width along
and parallel with the north side of the above described permanent easement . .
Property and easement are shown on the attached plat .
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 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 Rush 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 additional pipe lines upon the above described easement at any time
Ct 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. /(� F7
WITNESS the execution hereof this the ....__......... ........._...�daYof�...... VQ _...............7.....�...L........, 19..1...3.
.........1JC1.-X/1<i!-CGG2'..�yf......-�6F. ........
. ' ..........................................................................................................
ACKNOWLEDGMENT 7
STATE OF ARKANSAS
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 actin eared ......... 3P.
acting, a personally PP _.. .-.:,.,.,..:....)..9efiTAe.Sl4..S.treWar.4.
............................. to me well
known as the person(s) who executed the foregoing Right of Way Grant, and that ::;she....... had executed the same
for the consideration and purpose therein mentioned
/and„set forth.
WITNESS my hand and seal on this ...............7.................... daa��J°f .. .. . .. ...... ....................... .., 19.L...ryry
'jp....
...L......:.-ua"(. ... ..... .......... .......................................................
My commission expires ._.October---1,...1974........-------.__ Notary Public
N'�/ comer of Ehe _ NEComer of Uhe
or Sec /� T/6N, R3/w - of Sec. /, T/6N, A3/W `
1 \
tiI P/ 7d 'r:0'c
7,
\� N73 "/9 'F
Part of the VYI1 of �h Sti�
of Sec. ), 7'/O'/V, R 31 W.
yo � .
� N
Typical
l r �
I
APPARENT OWNER :
SKETCH SHOWINO TRACT
, I Lee Stealer{. LOCATION OF PROPOSED 5dwer AWE . .
ACROSS PRIVATE PROPERTY
NO.
15emed2 Seewsr ,, Fayee cvi//e, M?5hingLanCaun1y
I f09ARKANSV
N87°29'4M
N87°29.46°W
' SE1/4, 1 -16-31 419 1320YVI NE comer
NW-SE-1-16-3
o Arkansas Oaks, Inc. E
m 15.0 Acres Berneda Stewart King
g Book 824, Page 394
4
Book 880, Page 689
000
J!J!'' 27.25 Acres
N w 50' Easement �i% ,; . 'aA�\ • \\
'� a dl'W'14•0 W
O N
� N
* orced Main, according to as uilts, is typically parallel to and 16 ft. South of Gravity line ^ z
1320
587°29'46"E
Data and Deed Call Listing of File: ARK-OAK.DES
Tract 1 : 0.000 Acres: 0 Sq Feet: 0.0 Sq Meters: Closure = s02.1544w 1081 .00 feet: Precision =1/ 1 : Perimeter = 1081 feet
Tract 2: 15.037 Acres: 60852.2 Sq Meters: No significant closure error. : Perimeter = 3965 feet
Tract 3: 3.714 Acres: 161795 Sq Feet: 15031 .2 Sq Meters: Closure = n66.4725w 2.04 feet: Precision =1/800: Perimeter = 1635 feet
Tract 4: 3.291 Acres: 143366 Sq Feet: 13319.1 Sq Meters: No significant closure error. : Perimeter = 1547 feet
Tract 5: 0.505 Acres: 21983 Sq Feet: 2042.3 Sq Meters: Closure = n39.4224w 0.02 feet: Precision =1/57589: Perimeter = 983 feet
Tract 6: 0.503 Acres: 21928 Sq Feet: 2037.2 Sq Meters: No significant closure error. : Perimeter = 981 feet
001=NO2. 1544E 1081
002=@2
003=NO2. 1544E 1563.28
004=S87.2946E 419.00
005=S02. 1544W 1563.28
006=N87.2946W 419.00
007=@4 OR CL
008=S02. 1544W 326.00
009=N79.4608E 9.62
010=570.2743E 430.98
011 =n02. 1533e 449.41
012=N87.2946W 419.00
013=@4 Old Esmt. CL
014=S02. 1544W 280.00
015=N79. 1117E 7. 10
016=S70.0243E 432.54
017= n02. 1543e 408.08
018=N87.2946W 419.00
019=@4 Old Esmt.
020=/S02. 1544W 280.00
021 =s02. 1544w 25.67
022=n79. 1117e 6.03
023=00.0243e 433.64
024=n02. 1544e 52.48
025=00.0243w 431 .44
026=s79. 1117w 8. 17
027=s02. 1544w 25.67
028=@4 New Easement
029=/s02. 1544W 326.00
030=s02. 1544w 33.91
031=n78.5529e 8.41
032=s70.2743e 430.21
033=n02. 1544e 52.36
034=00.2743w 428.35
035=s78.5529w 10.24
036=s02. 1544w 17.47
December 27, 1999
Ms. Berneda King
P.O. Box 4373
Fayetteville, AR 72702
RE: Your Property on Mt. Comfort Road
Sewer Easement
Dear Ms. King:
You are owner of approximately 32.25 acres in the WI/2-SEI/4- 1 - 16-31 , South of Mt. Comfort Road. In
1973, you granted the City of Fayetteville a 50 foot wide Water/Sewer Easement close to Hamstring Creek. In 1976,
the City constructed a gravity sewer line and a forced main sewer line along the creek. Across your property, and the
15 acre tract to your West, it appears that both of these sewer lines were constructed south (toward the creek) of the
described easement area Such that clouds do not remain on the titles to these properties, it is the intention of the City,
by the enclosed documentation, to rewrite the 50 ft. easement where the lines actually are constructed.
Please find herewith a diagram which illustrates where the original easement lay by description. The original
easement covered the original 47.25 acre tract. In 1974, subsequent to the easement, you sold the West 15 .0 acres.
Currently, this western tract is owned by Arkansas Oaks, Inc, a part of Bridgeport Development, and we will be
acquiring another easement from them for the corrective measures to be made across that property. Accordingly, the
easement included herewith is for the East 32.25 acres.
The attached diagrams include both the old easement and the new easement. It is noted the North line of the
new easement almost corresponds with the South line of the old easement. Basically, it moves the easement almost
50 feet closer to the creek. On the new easement, the gravity sewer, as surveyed between the manholes on the ground,
will be about 17 feet from the North line of the easement. The forced main is about 16 feet South of the Gravity line
and the South line of the easement will be 17 feet South of the forced main.
Once we have the new easements executed and returned to this office, the City proposes to request the City
Council to vacate the original easement (Book 856 at Page 720), thus clearing any title cloud as far as this easement
or the constructed lines are concerned.
Please sign the enclosed proposed easement document, have it notarized and return same to this office in the
envelope provided. Your title insurance company or abstractor will get copies of the new easements and vacation of
the old one. If you wish to have this office witness your signature and notarize the document, please give us a call at
444-3414 or 444-3407 and we will meet with you at your convenience.
We appreciate your cooperation in this matter.
Sincerely,
Edward D. Connell
City Land Agent
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