HomeMy WebLinkAbout100-75 RESOLUTION•
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RELEASE OF EASEMENT
This indenture made this day of
kkh, 6, f- "4"
1975, between Associated Produce, Inc., Henry T. Haseloff and
Virginia Haseloff, Husband and Wife, and Morris H. Collier,
parties of the first part, and the City of Fayetteville, Ark-
ansas, a municipal corporation, party of the second part.
WITNESSETH:
WHEREAS, the parties of the first part are the owners
of the following described land situate in Washington County,
Arkansas, to -wit:
Part of the South Half (Sh) of the Northeast Quarter
(NE4) of Section Twenty-three (23), Township Seventeen
(17) North, Range Thirty (30) West,
and whereas, heretofore, on the 7th day of July, 1949, a pre-
decessor in title of the parties of the first part granted to
the party of the second part and its successors or assigns an
easement and right-of-way for a pipeline over and across the
above described lands, which grant of easement was filed for
record on July 7, 1949 in Volume 402 at page 207 of the Deed
Records of Washington County, Arkansas, and,
WHEREAS, the continuance of such easement will be of no
value to the party of the second part.
NOW, THEREFORE, in consideration of the payment of the
sum of $1.00 and the execution and delivery of a certain grant
of easement which grant of easement shall supersede and replace
t»3 easement released herein, by the parties of the first part,
the party of the second part hereby releases, abandons, and
quit claims to the parties of the first part that easement des-
cribed above and recorded in Volume 402 at page 207 of the Deed
Records of Washington County, Arkansas to the intent that such
right shall henceforth cease.
IN WITNESS WHEREOF, the party of the second part has caused
these presents to be signed by its Mayor, and attested by its
City Clerk by virtue of the authority vested in them by the laws
of the State of Arkansas, the Code of Ordinances of the City of
Fayetteville, Arkansas, and resolution of its Board of Directors
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and its seal to be hereunto attached this day of
December, 1975.
(Seal)
Attest:
City Clerk
-m
Mayor
ACKNOWLEDGMENT
STATE OF ARKANSAS )
se.
COUNTY OF WASHINGTON)
On this day of December, 1975, before me, a Notary
Public, duly commissioned, qualified, and acting, within and
for the County and State aforesaid, appeared in person the
within named and
, to mei: personally known, who
stated that they were the Mayor and City Clerk, respectively,
of the City of Fayetteville, Arkansas, a municipal Corporation,
and were duly authorized in their representative capacities
to execute the foregoing instrument for and in the name and
on behalf of said municipal corporation, and further stated
and acknowledged that they had so signed, executed, and ddl-
ivered said foregoing instrument for the consideration, uses,
and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
seal this day of December, 1975.
My Commission Expires:
Notary Public
•
RIGHT OF WAY GRANT
KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of One Dollar and
other valuable consideration to the undersigned, Associated Produce,
Inc., and Henry T. Haseloff and Virginia Haseloff, Husband and Wife,
paid, the receipt of which is hereby acknowledged, the said Grantors
do hereby Grant, Sell and Convey unto the City of Fayetteville,
Arkansas, a municipal corporation, hereinafter styled Grantee,
its successors and assigns, the right of way and easement to construct,
lay, remove, relay, enlarge, and operate a pipe line or lines and
appurtenances thereto, across and under the following described
real estate, situate in Washington County, Arkansas, to -wit:
Part of the South Half (S1) of the Northeast Quarter (NES)
o f Section 23, Township 17 North, Range 30 West, more
particularly described as a 25 feet wide easement, the center-
line of which extends across the Grantors' lands from a
point which is Horth 45° 19' West 12.5 feet of the North
w ater's edge of Clear Creek at the point where Clear Creek
presently intersects with the grantors' land at its East
boundary line, which boundary line adjoins the West boundary
line of the lands presently owned by the City of Fayetteville,
Arkansas, the centerline of said 25 feet wide easement running
thence in a southwesterly direction parallel to and meandering
along at an equal and uniform distance of 12.5 feet North
o f the North water's edge of Clear Creek to a point which
is North 00° 12' West 12.5 feet of the North water's edge of
Clear Creek at the point where Clear Creek presently intersects
w ith the Grantors' land at its West boundary. Said boundary
line being the East right of way line of Arkansas State
Highway 71.
In addition, a temporary construction easement of
25 feet in width along and contiguous with the North edge of the
above described permanent easement; provided however, said temporary
construction easement shall terminate forever upon the completion
of construction of the first pipe line within the permanent easement
granted herein; and provided further, the grantors herein and their
heirs, successors, assigns, administrators, and personal representatives
shall have the absolute right to construct buildings and other
permanent improvements over and upon the temporary construction
easement granted herein at any time after the execution of this
Right of Nay Grant and the Grantee herein and its successors and
assigns shall not, upon excercising its rights hereunder, suffer
any damage to or any interference with any such permanent
improvements constructed by the Grantors herein or their heirs,
successors, assigns, administrators and personal representatives,
and said Grantee herein and its successors and assigns shall, upon
e xcercising its rights hereunder, avoid any and all contact with
such permanent improvements over and upon the temporary construction
e asement granted herein.
TO HAVE AND TO HOLD unto said Grantee, its successors
-and assigns, so long as such pipe line or lines 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
and appurtenances of Grantee above described, and the removal,
✓ enewal 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 to asufficient
depth so as not to interfere with cultivation of soil, and that
manholes will be constructed flush with the surface of the ground
e xcept in bottom lands where they shall be pa - La height above high
w ater, 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
said Grantor; and 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 consideration first above recited as being paid to
Grantor by Grantee is in full satisfaction of every right hereby
granted. All convenants and agreements herein contained shall
extend to and be binding upon the respective heirs, legal representatives
successors and assigns of the parties hereto.
UITfESS the execution hereof this the o�,cQ flay of
. O%ego 4 •4e't 9 1975.
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IN WITNESS WHEREOF, the Grantor, Associated Produce,
Inc., a corporation, has caused these presents to be signed by
its President, and attested by its Secretary, by virtue of
authority vested in said officers by its Articles of Incorporation,
By-laws, and Resolutions of its Board of Directors, and its
corporate seal to be hereunto attached this ;L3)7. --,LC day of
7ECE)vi13Er2 1975.
i
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y j
(Seal')
Attest
-16
Secretary
ACKNOWLEDGMENT
President
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 Henry T. Haseloff and
Virginia Haseloff, to me well known as the persons who executed
the foregoing Right of Way Grant, and that they had executed the
same for the consideration and purpose therein mentioned and set
forth.
WITNESS my hand and seal on this-; day of
, 1975.
My Commission Expires:
Notary Public
•
•
i
STATE OF ARKANSAS
COUNTY OF WASHINGTON
before
acting
ACKNOWLEDGMENT
ss.
On thi s day of
�Ct
, 1975,
me, a Notary Public, duly commissioned, qualified and
within and for the County and State aforesaid, appeared
named ���,C. �(
•�.w...ecsu_c and
to me personally well known,
in person the within
w ho stated that they
were the President and Secretary respectively
o f Associated Produce, Inc., a corporation, and were duly
authorized in their representative capacities to execute the
foregoing instrument for
corporation, and further
so signed, executed,
consideration, uses,
forth.
and seal this
and in the name and on behalf of said
stated and acknowledged that they had
and delivered said foregoing instrument for
and
purposes, therein mentioned and set
IN TESTIMONY WHEREOF, I have hereunto set my hand
n :7 — I day of t4L4yP,, (� , 1975.
My Commission Expires:
"R"A-414 ) l 2
Notary Public
•
RELEASE OF EASEMENT
This indenture made this' /Q c/j day of
1975, between Associated Produce, Inc., Henry T.
Virginia Haseloff, Husband and Wife, and Morris H
Haseloff and
. Collier,
parties of the first part, and the City of Fayetteville, Ark-
ansas, a municipal corporation, party of the second part.
WITNESSETH:
WHEREAS, the parties of the first part are the owners
of the following described land situate in Washington County,
Arkansas, to -wit:
Part of the South Half (Sy) of the Northeast Quarter
(NE;) of Section Twenty-three (23), Township Seventeen
(17) North, Range Thirty (30) West,
and whereas, heretofore, on the 7th day of July, 1949, a pre-
decessor in title of the parties of the first part granted to
the party of the second part and its successors or assigns an
easement and right-of-way for a pipeline over and across the
above described lands, which grant of easement was filed for
record on July 7, 1949 in Volume 402 at page 207 of the Deed
Records of Washington County, Arkansas, and,
WHEREAS, the continuance of such easement will be of no
value to the party of the second part.
NOW, THEREFORE, in consideration of the payment of the
sum of $1.00 and the execution and delivery of a certain grant
of easement which grant of easement shall supersede and replace
the easement released herein, by the parties of the first part,
the'party of the second part hereby releases, abandons, and
quit claims to the parties of the first part that easement des-
cribed above and recorded in Volum= a09 at page 207 of the Deed
Records of Washington County, Arkansas to the intent that such
right shall henceforth cease.
IN WITNESS WHEREOF, the party of the second part has caused
these presents to be signed by its Mayor, and attested by its
City Clerk by virtue of the authority vested in thein by the laws
of the State of Arkansas, the Code of Ordinances of the City of
Fayetteville, Arkansas, and resolution of its Board of Directors
•
and its seal to be hereunto attached this
December, 1975.
(Seal)
Attest: J!
fem
Mayor
City Clerk
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss.
COUNTY OF WASHINGTON)
day of
On this day of December, 1975, before me, a Notary
Public, duly commissioned, qualified, and acting, within and
for the County and State aforesaid, appeared in person the
within named and
, to me personally known, who
stated that they were the Mayor and City Clerk, respectively,
of the City of Fayetteville, Arkansas, a municipal Corporation,
and were duly authorized in their representative capacities
to execute the foregoing instrument for and in the name and
on behalf of said municipal corporation, and further stated
and acknowledged that they had so signed, executed, and del-
ivered said foregoing instrument for the consideration, uses,
and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
seal this j-'" day of December, 1975.
My Commission Expires:
7
�7
Notary Public
-11
RESOLUTION NO./00-737
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A RELEASE OF EASEMENT FOR THE ABANDONMENT OF A UTILITY
EASEMENT ACROSS PROPERTY OWNED BY HENRY T. HASELOFF AND OTHERS.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk be, and they
hereby are, authorized and directed to execute a release of
easement for the abandonment of a utility line right-of-way
across property owned by Henry T. Haseloff and others. A
copy of said release of easement, marked Exhibit "A" is at-
tached hereto and made a part hereof.
PASSED AND APPROVED THIS 16th DAY OF DECEMBER, 1975.
APPROVED:
9 7, ,7„
MAYOR
ATTEST:
CITY CLERR'-