Loading...
HomeMy WebLinkAboutOrdinance 4247 ORDINANCE NO, 4247 FILED FOR RECORD ' 00 i ' Al M 2 08 AN ORDINANCE APPROVING VA00-2.00 TO VAC AT EASEME T LOCATN A ED AOF AN EXISTING 30 T WALLIN MOUNT��YR ES SO AR WEST FORK, ARKANSAS, AS SUBMITTED BY THE CITY FAYETTEVILLE ON BEHALF OF PROPERTY OWNERS ALBERT AND MARY PENNINGTON. WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public grounds or portions thereof which are not 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 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 2nd day of May , 2000. APPROVED: ByIAO., red Hanna, Mayor ATTEST: By Heather Woodruff, City ellftk 2000036305 . ' • • • • ord . 4247 C • PR of SEs EXHIBIT "A" EXHIBIT A Property Description: A part of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1 /4) AND a part of the Northeast Quarter (NE 1/4) of the Southeast (SE 1/4) of Section Sixteen (16), Township Fifteen (15) North, Range Thirty (30) West, Washington County, Arkansas, as described in Deed Record 92-44369 of the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. said Easement being more particularly described as follows, to-wit: Utility Easement Description: A permanent easement of thirty (30) feet in width, being fifteen (15) feet on each side of the centerline of an underground electric transmission cable, as constructed, said centerline being more particularly described as follows, to-wit: Beginning at a point which is North 89°49'55" West 679.47 feet from the southeast comer of the SE 1/4 of the NE 1/4 of said Section 16; thence South 12° 50'37" East 306.67 feet; thence North 49` 53'35" East 268.85 feet to a point on the most southerly north line of the above described property, said point being South 125 .00 feet and North 89°49155" West 405.67 feet from the southeast comer of the SE 1/4 of the NE 1 /4 of said Section 16. t' l X M 2000036306 8No Offq MIG n§p. do hereby ._ IP ,fHRten1 Yd@@ UO iii FWrd In my h hq �n f d {he eame Ie now dub d 1ShEi� lA EwR1Rfit And ®aitltkete the qR� d� it, a aA 1fl91@R{Rd thereon. �y Irk s l @i FOR I have har+3yeta Sat my Nee , en tl Rd ti 6u(il Gt ,sid �g♦!� On the dale mdi (Also WOR, kali , n,W .F4+ NAME OF FILE: �2 ,X 7 CROSS REFERENCE: Date Contents of File Initials 54-vv � v ` � , i ORDINANCE NO. AN ORDINANCE APPROVING VA00-2.00 TO VACATE AND ABANDON A PORTION OF AN EXISTING 30 FOOT UTILITY EASEMENT LOCATED AT 3 WALLIN MOUNTAIN ROAD, WEST FORK, ARKANSAS, AS SUBMITTED BY THE CITY OF FAYETTEVILLE ON BEHALF OF PROPERTY OWNERS ALBERT AND MARY PENNINGTON. WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public grounds or portions thereof which are not 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 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 day of 2000. APPROVED: By Fred Hanna, Mayor ATTEST: By Heather Woodruff, City Clerk EXHIBIT "A" Property Description A part of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) AND a part of the Northeast Quarter (NE 1 /4) of the Southeast (SE 1/4) of Section Sixteen ( 16), Township Fifteen ( 15) North, Range Thirty (30) West, Washington County, Arkansas, as described in Deed Record 92-44369 of the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. said Easement being more particularly described as follows, to-wit: Utility Easement Description A permanent easement of thirty (30) feet in width, being fifteen ( 15) feet on each side of the centerline of an underground electric transmission cable, as constructed, said centerline being more particularly described as follows, to-wit: Beginning at a point which is North 89049'55 " West 679.47 feet from the southeast corner of the SE 1 /4 of the NE 1 /4 of said Section 16; thence South 12°50'37 " East 306.67 feet; thence North 49°53'35 " East 268.85 feet to a point on the most southerly north line of the above described property, said point being South 125.00 feet and North 89°49'55 " West 405 .67 feet from the southeast corner of the SE 1/4 of the NE 1/4 of said Section 16. PETITION TO VACATE AN EASEMENT LOCATED IN GREENLAND SCHOOL DISTRICT, WASHINGTON COUNTY, ARKANSAS. TO : The Fayetteville City Planning Commission and &E The Fayetteville City Council We, the undersigned, being the sole owners of the real estate on which the said easement pertains hereafter sought to be abandoned and vacated, lying in Greenland School District, Washington County, which is described as follows: Property Description A part of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) AND a part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section Sixteen (16), Township Fifteen (15) North, Range Thirty (30) West , Washington County, Arkansas, as described in Deed Record 92-44369 of the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. said Easement being more particularly described as follows, to wit: Easement Description A permanent easement of Thirty (30) feet in width, being Fifteen (15) feet on each side of the centerline of an underground electric transmission cable, as constructed, said centerline being more particularly described as follows, to wit: Beginning at a point which is North 89`49' 55" West 679.47 feet from the Southeast Comer of the SE 1/4 of the NE 1/4 of said Section 16; thence South 12° 50' 3T' East 306.67 feet; thence North 49053' 35" East 268.85 feet to a point on the most southerly north line of the above described property, said point being South 125.00 feet and North 89°49' 55" West 405.67 feet from the Southeast Comer of the SE 1/4 of the NE 114 of said Section 16. The petitioners contend that, with the upgrade of the Low Obstruction Lighting System servicing Fayetteville Municipal Airport, Drake Field, City of Fayetteville, approximately 3 years ago, during which all elements of an operational system were removed from said property, the City of Fayetteville has abandoned the use and intent of said easement. The petitioners draw attention to the verbiage of the Electrical Utility Easement Agreement with the City of Fayetteville which states, in part, "The Grantor agrees that all poles, wires, and other facilities, installed on the above described real estate at the Grantee 's expense, shall remain the property of the Grantee, and shall be removed by the Grantee should the intent of this instrument no longer be valid. " At the time of the upgrade mentioned above, all utility poles supporting the outdated lighting system were removed from said property. While some electric transmission cables remain deeply buried underground, that is of no interest or concern to the petitioners in the process of vacating or abandoning said easement. Wherefore, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville. Arkansas, vacate and abandon all of its rights together with the rights of the public generally, in and to the above described easement. Dated this�day/of Ail 2000 r. 1.J11r6 loA) A4 A.&Lz f cN�l[nlGlDn� G� 7156 11 SW ROGERS 14 MI. (FAYETTEVILLE) FAYETTEVILLE (CH.) SI Ml. 71 100 13951 1396 ...� ' . IZ6° i S DRA FIELD O O 000 e � O . l`V\ •`w� _ } , / rA J .I �. 11111 ✓ � � � Q �< '.., � 1 Q L C OII 6 \ II \ \ IV _• - ,. © ok- \` 1 ,off( n �O II . � � N -•�-."---- = 1 � o 6 � � .�a I -rya O C /'� O 1 O O � I app u G it v Al • �. i Ila G 21 11T O O 1 v 46) O ° xI == _-vb�b�� I I �J9Ii / . _ — � _ 1 . . ,:/.-•�t° f� ,5oa�- -_ . - -_� — ''�� �I ti� �� 117 : S • r°�'pNll' RA9° AP55°L' j c - r,o„t, SNI AF •� V Ng N 1 WNW SIA 599 °49.55°E 292 .59 ' � • . .� SF CON a HE/4 a5 1 5rc. 16' 15 • 1 V Yi IY URrvt I N 1�1 1 'Ao . A IAX %� SB9°49b3°E 428.7) Ut tai N 1 / I. rro[ur 1 1 V Or k"r T07 Al _ 14 .34! AC 1 6 _.. . .. .. . . . . F f . o 0 °6W(R rrYl H wr . 1 i'!' • ' vti VL Ntl9 ° a9'�S'W 749 77 ' � ' ELECTRICAL UTILITY EASEMENTFILED FOR RECORD 093 RPR 7 PPI 12 18 STATE OF ARKANSAS ) WASHINGTON CO AR BE IT KNOWN BY THESEAPJ. __ )39MR COUNTY OF WASHINGTON ) That for and in consideration of the sum of One ($1 ,00) Dollar, and other valuable consideration to the undersigned, Albert N. Pennington and Mery A Pennington husband and wife paid, the receipt of which is hereby acknowledged, the Grantor (herein so styled, whether one or more), does hereby Grant, Sell, and Convey, to the City of Fayetteville, Arkansas, a Municipal Corporation (herein styled Grantee), its successors and assigns, the perpetual easement and right to enter upon and to erect, operate, survey, maintain, repair, rebuild and patrol on or over the real estate hereinafter described, buried electric power lines, communication lines, signal circuit lines and appurtenances across, over, and under, together with the right of ingress to, from, and over said real estate for the enjoyment of the easement herein granted, to-wit: PR PERTY DESCRIPTION; A part of the Southeast Quarter (SE'A) of the Northeast Quarter (NE'A) AND a part of the Northeast Quarter (NE'A) of the Southeast Quarter (SE 'A) of Section Sixteen (16), Township Fifteen (15) North, Range Thirty (30) West, Washington County, Arkansas, as described in Deed Record 92-44369 of the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. said Easement being more particularly described as follows, to-wit: EASEMENT DESCRIPTION* Q� A permanent easement of thirty (30) feet in width, being fifteen (15) feet on each side of the centerline of an underground electric transmission cable, as constructed, said centerline being more particularly described as follows, to-wit: Beginning at a point which is North 89" 49' 55" West 679.47 feet from the Southeast Corner of the SE'A of the NE'A of said Section 16; thence South 12" 50' 37" East 306.67 feet; thence North 49" 53' 35" East 268.85 feet to a point on the most southerly north line of the above described property, said point being South 125.00 feet and North 89" 49' 55" West 405.67 feet from the Southeast Comer of the SE 'A of the NE'A of said Section 16. TO HAVE AND TO HOLD, said easement and rights unto the said Grantee, its successors and assigns forever. The Grantee shall have the perpetual right to remove all obstacles that interfere with the operation of said buried electric power lines and appurtenances thereto, and to clear all brush, timber, fences, structures, improvements, and fire hazards, located within fifteen (15) feet either side of the center line of, and which restrict access to, said buried electric power lines and appurtenances thereto. Grantee agrees to restore to as near original condition as possible any disturbed or damaged area within the above described easement as a result of maintenance or repair of said buried electric power lines and appurtenances thereto. The Grantor agrees not to erect any permanent buildings or structures in said easement other than W fences. t I The Grantor agrees that all poles, wires, and other facilities, installed on the above described real � estate at the Grantee's expense, shall remaina propertyo e rantee, and shall be removed by the t'1 Grantee should the intent of this instrument no longer be valid, f, The Grantor agrees to forever warrant and defend the title to said easement and the quiet possession thereof against the lawful claims and demands of all persons. QZ 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 on behalf of the Grantee is W without authority to make any covenant or agreement not herein expressed. ✓ V NE - sem Ib — •s - ',0 qql � 93 17820 SG'-NE /6 -/ ,T- 30 15a �� • 0 • 4b 4/EL UTILITY EASEMENT . Albert N. Pennington and Mary A. Pennington Page 2 of 2 WITNESS the execution hereof this the -S7 day of —Z Iqq 3 . a _4Albert . Pennington Mary A. Pennington ACKNOWLEDGMENT 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 Albert N P nnineton and Ma --& P&iWinztQn husband and wife- to me well Imown as the persons who executed the foregoing document, and stated that they had executed the same for the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of - Z R, i I — lqq 3 Notary Public MY COMMISSION EXPIRES: �l�/�aool t; 'NC y ', . . ^nA lOIIY1Y , �P 93 17821 q-70. 000 F1P CL . 1011. 887. 81511 �yq• 30 $87. 1680 Qo� eP Quo 0000001 , .. Q 0 cc a 7b7. 4� 28 1000 � \ g79rp I ;l3q v k I `. f(A�TS) P, A I E 1 I I •, i `® PP 18147 sg 817. 4718