HomeMy WebLinkAbout70-74 RESOLUTIONRESOLUTION NO. i6-119
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk be, and they hereby are, authorized
and directed to execute a release of. a right-of-way and easement
grant from Leonard A, Bell and Theima.L Bell, husband and wife, to
the City of Fayetteville, Arkansas, which instrument is recorded
in Book 873 at Page 439 of the Official Records"of Washington
County, Arkansas
PASSED AND APPROVED THIS /Q43 DAY OF 7E
1974,
'w ATTEST:
... CI.TY,Y CLERK
APPROVED'_
Jacinto am,/ ��� (/
RELEASE OF RIGHT-OF-WAY AND EASEMENT
KNOW ALL MENHBY THESE•PRESENTS:
WHEREAS, there is now recorded in Book 873 at Page 439 of
the official records of Washington County, Arkansas, a certain instru-
ment wherein Leonard A. Bell and Thelma L. Bell, husband and wife,
conveyed to the City of Fayetteville, Arkansas; a municipal corporation,
the right-of-way and easement to 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 Lots 6, 7, 81,12 13
and 14 in Parker's Plat of Greenland Acres in Washington County,
Arkansas, less and except certain described tracts; and
WHEREAS, it is claimed that a cloud now exists on all of said
Lots 6? 7, 8, 12, 13 and 14 because of the indefinite manner inwhich
the right-of-way and easement is described in said above-described
instrument;
NOW, THEREFORE, for and in consideration of the sum of.One-bi i.
the receipt of which is hereby acknowledged, the City of Fayetteville,,;
Arkansas, a municipal corporation, does hereby release from said above.
described right-of-way and easement all of Lots 6, 7, 8, 12, 13 and 14,
in Parker's Plat of Greenland Acres, as per the recorded plat thereof}
on file in the office of the Circuit Clerk and Ex -Officio Recorderso
Washington County, Arkansas.
IN TESTIMONY WHEREOF, the name of the City. of Fayetteville,.
Arkansas, is hereunto affixed by its Mayor and its seal is hereunto.
affixed by the City Clerk on this 7963 day of September,. 1974.
ATTEST:
j�r_.du-c_tJJ u��c
'CITY CLERK
•
CITY OF FAYETTEVILLE, ARKANSAS; -;;:F7
A Municipal Corporation
BY
,/��4a4t4?- /\7 f
MAYOR
tit
N ACKNOWLED GEMENT
STATE OF ARKANSAS )
) ss
COUNTY OF WASHINGTON )
On this
day of September, 1974,
a Notary Public; duly commissioned, qualified.
for said County and State, appeared
�/i
,u.4CJ .
and
to me personally known, aild stated
Clerk of the City of Fayetteville,
before the undersigned
and acting, within and
•
in Berson the within named
r\ /7 r,
/'vl
that they were the Mayor and City
Arkansas,
a municipal corporation,
and were duly authorized in their respective capacities to execute
the foregoing instrument for and in the name and behalfofsaid
corporation, and further stated and acknowledged that they had so.
signed, executed and delivered said
uses and purposes therein mentioned and set forth.
instrument for the consideration,
IN TESTIMONY WHEREOF, In have hereunto
seal this (S day ofC�vl�
set my
hand and
:".
1974.:`
i.)
o,f,£i.cial
s
001'10‘,1N
d.,.�
•
My Commission Expires:
TRACT NO. ...:..'.Fs"''i
STATE OF ARKANSAS ;t r
COUNTY OF WASHINGTON'
GRANT
7.' Lit 'ori
`KNOW ALL. MEN BY THESE PRESENTS:
That for and in consideration o One Dollar, ($1:00)
and other valuable considerations to the undersio ed,
Robert B: Thompson and Carole L. Thompson.
Husband, and wife... _
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 easement to 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::
Fifteen (15) feet of equal and uniformwidth along the West
end of Lots Six (6), Seven (7), and Eight (8), of
Parker's Plat of Greenland Acres, as per the recorded plat
thereof on file in the Office of the Circuit Clerk and
Ex -Officio Recorder of Washington County, Arkansas.
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. -
r
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said _A, �. .
Grantee, whim iwGcuy ag.a, tu bury ail pipes, where feasible, to a sufficient depth so as not to interfere with cultivation'
= •.,Fr
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 con41-4.:(:‘..:
struction, maintenance and operation as determined by three disinterested persons, one thereof to be appointed by the f';Y; _ :.
said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of4.
such three persons shall be final and conclusive. .,i.a,
. -
The Grantor agrees not to erect any buildings or structures in said right of way other than fences andsaid fences X`r
shall not exceed six (6) feet in height.
The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time•'•
in the future and agrees to pay any damages as a result of such future construction as set out in this easement.:.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby;;..
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, 1eE?It
.
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 au
to make any covenant or agreement not herein•expressed.
WITNESS the execution hereof this the .17.th ... _.
STATE OF ARKANSAS
COUNTY OF WASHINGTON
/ r
ACKNOWLEDGMENT
BE IT REMEMBERED, that on this date, before me, a
Robert B
commissioned and acting, personally appeared ...Thompson
known as the person(s) j.virhO executed the foregoing Right of
for the considerat..m and -purpose -therein mentioned and set
WITNESS my hand and.seal'on this 17th day of September
Notary Public within and for said County and State;ail
. Thompson and Carole L..
,...husband._and...wif e , •
•
Way Grant, and that
forth.
4-17-77 j'p0. alae
My commission expires i Notary Public:.
TRACT NO.
RIGHT<
STATE OF ARKANSAS '.'+_
COUNTY OF WASHINGTON':.] KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration Of One Dollar ($1.00)
and other valuable considerations to the undersigned
•
Robert B:' Thompson and Carole L. Thompson:
Hu sband ,actd wife
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 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: _ ,
Fifteen (15) feet of equal and uniform width along the West
end of 'Lots Six (6), Seven (7), and Eight (8), of
Parker's Plat of Greenland Acres, as per the recorded plat,
thereof on file in the Office of the Circuit Clerk and
Ex -Officio Recorder of Washington County, Arkansas.
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 fulluse and en o the saidpremises except for the purposes hereinbefore ,
Y ] Y P P P granted to the said i';y:;
Grantee, which hereby ao.c2s Lu bury aii pipes, where feasible, to a sufficient depth so as not to interfere with ctiltivation ; q.
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 payanydamages which mayarise to growingcrops or fences from the.eon- ' F^ -r,,
g g P _,,_'.
struction, 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 '.A.
such three persons shall be final and conclusive. *ar,.
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.
y;&.e
The Grantee shall have the right to construct additional pipe lines upon the above described easement at any timet';°;1
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.
is
It is hereby understood and agreed that the party securing this grant in behalf of the Grantee is without author;
to make any covenant or agreement not herein expressed.
WITNESS the execution hereof this the ...17th slay7of _.September
i
COY-:zc-Cv � ylz-r ,�ti-x-3.�.�,-✓•::
ACKNOWLEDGMENT
STATE OF ARKANSAS l
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before me, a Notary Public within and for said County and.Staie
Robert B. Thompson.and Carole L
commissioned and acting, :personally appeared :.Thompson-,...husband...and.. wjfe.,...____ _'
known as the person(s) who executed the foregoing Right of Way Grant, and that. -._.they had-Siaateit
for the consideraton and, purpose therein mentioned and set forth.
1
WITNESS my hand and.seal on this 17th day of September�pp i
My commission ex fires 4-17 77 T
!(
P '��. Notary Public -1:
-ere