HomeMy WebLinkAbout50-75 RESOLUTIONz
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN OPTION WITH WILLIAM A. McALLISTER AND EDITH L.
McALLISTER FOR THE PURCHASE OF A 0.39 ACRE TRACT OF LAND
ALONG ARKANSAS HIGHWAY 62 WEST FOR THE PURPOSE OF LOCATING
A LIFT STATION ON SAID TRACT AND AN OPTION TO PURCHASE A
WATER AND SEWER LINE EASEMENT.
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 an option with William A.
McAllister and Edith L. McAllister for the purchase, at a
purchase price of $2,000.00, of 0.39 acre tract of land along
Arkansas Highway 62 West for the purpose of locating a lift
station on said tract, and an option to purchase a water and
sewer line easement. A copy of said option and easement, marked
Exhibits "A" and "B" respectively, are attached hereto and
made a part hereof.
PASSED AND APPROVED THIS //47M DAY OF
oLt'(-41-4-2
1975.
ATTESTimire,
T-LOALCILAutti
CITY CLERK.
APPROVED:
)97a4a72-1
MAYOR
aan,)
OPTION' TO1PURCHASEtREAL PROPERiy:1
In Consideraton of
dollar(s) and other good and
valuable consideration, the undersigned optionor(s) grants
to the City of Fayetteville, Arkansas, a 'municipal corpora-
tion hereinafter called optionee, its successors and assigns,
the option to purchase the following described property:
Lift Station Site:
Beginning at a point 495 feet west and 488 feet south of the NE corner of the NEt40f the SWC
of Section 24, Township 16 North, Range 31 West, thence south a distance of 75 feet; thence
east a distance of 75 feet; thence mirth a distance of 105 feet; thence south 570 56' west a
distance of 43 feet; thence south 790 31' west a distance of 39.4 feet to the point of beginn-
ing. Also, beginning at a point 495 feet west and 563 feet south of the NE corner of the NEC
of the SW1/4 of said Section 24, thence south 428 feet to the north right-of-way of U.S.
Highway 62; thence north 74° 08' east 25.8 feet; thence north 421 feet; thence west 25 feet to
the point of beginning, containing 0.39 acres, more or less.
Also Right -Of -Way Grant # SI 3-1
Subject to the following terms and conditions:
Optionee may exercise
7
day of 197.57 -by written notice to
optionor delivered personally, or mailed to optionor at
this option
at anytithebefore the
zich,
and by paying to optionor the total
-10 co
purchase price of 000 dollars, .ep@illtr (inclusive) of
00
the consideration of
dollars above stated for this
option.
Upon due exercise of this option in payment of the
purchase price of,(0069--do11ars, optionor(s) will deliver.
. possession and title to said property to optionee, and
execute and deliver to optionee a warranty (lieLtl4M) deed.
iff
WITNESS OUR HANDS AND SEALS ON THIS THE /r -- DAY OF
•
OPTIONOR(S)
€0 a 777-(k.a:6-
tee&
7.71SIL-•
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iCN•..sfeCciii•toti.i.9,111.7ein"R".”es‘V.11,2e.1
Mr. trgift5,it:k"rier.
. for and. In- consideration • of the- siun o
t(:) US paid bY"...-rc.the.ICity of -.
Fayetteville;: Arkansai,a municipai. corporation
do hereby grant, bargain and sell unto the said • City of
Fayetteville, Arkansas, 4 municipal corporation, its
heirs and asSigns, the following described land, situate in
Washington County, State of Arkansas, to -wit:
L ift Station Site:
B eginning at a point 495 feet west and 488 feet south of the NE corner of' the
NE¼ of the SW3r, of' Section 24, Townshi-o 16 North, Range 31 West , thence south
a distance of 75 feet;- thence east a distance of 75 feet; thence north a dis—
tance of 105 feet; thence south 57° 56' west a distance of 43 feet; thence
south 79° 31' West a distance• of' 39.4 feet to the point of beginning. Also,
'oeginning at a point 495 feet west and. 563 feet south of the NE corn.er of the
NE1/4 of the SW1/4 of said Section 214, thence south 428 feet to the. north- right—
of—way of U. S. Highway 62; thence north 74° 08east 25.8 feet; thence -
north 421 feet; thence west 25 feet to the of beginning, containing
O .39 acres, nore or less.
point
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said:
• City of Fayettevi I le, Ar:kansas, a municipal corporation, -its
heirs and assigns, forever. And they the said William A. McAllister end. Edith L
McAllister • • •
-hereby covenant that we .are lawfully seized of said land and premises; that the samels imincumbered, and we
wiii forever warrant and defend the title to the said lands against all legal claims whatever.
And I, the said Edith L. McAllister • . wife of William A. McAllister
hi con.sideration of said sum of money, do hereby release and relinquish unto the said City of
Fayetteville, Arkansas, a municipal corporation •
all my interest, right, title and dower and convey ray homestead in and to said lands.
WITNESS hand and seal on this day of .
19 .
[Seal]
Peen
[Scan
LE OF ARKANSAS 1
County of_ WASHINGTON
AC111410WLEDGMENT
its•
BE IT REMEMBERED, Tnat on this day came before the undersigned, a Notary Public
within and for the County aforesaid, duly 'commissioned and act -
ins, Willioth A. McAllister and Editli L. McAllister -
to me well known as the Grantor s in the foregoing Deed, and stated that they
had executed the same for the consideration and purposes therein mentioned and set forth.
Wicnessmy hand and seal as such this
1.A
Yy Commission expires •
October 1, 19711
day of
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Beginning at a bo1nt i.9 f:r-r.at west• .a.u1 435
-feet south of the NE corner oi the ;Cim51/4 of the
SW1/4 of Section 24, Tovhshit Lb
West, thence south 75 feet; thece east 15
feet; thence north 105 feet; thence south
51° 561 'zest 43 geet; thence so::.cla 79°
west 39.4 feat to the taint of beginning.._ 'Iso
harr2-^-;-= at a taint 495 feet -wect and D6i
tfle :71 LL.rrt r
SW1/4 of :id Section 24, thence south 42S
- feet ts the north ria -ht -of -way o:
tray 62, thence north 7L:` 08: east 25.b -?eet;
thence nor.i.h 421 feet; thnce west 25 feet tc
the n&nt of beginning, containing 0.39 acres,
more or less.
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• paid-, •the' receipt.. of'Vh1CIii hereby trdvIedged, the said: Grantor doeS•heithy GRANT, SELL AND COVEY unto.
the •City of Fayetteville; wArkan.sas, a niunicip-al corporation(herein styled Grantee), its successors and assigns, the right
of way and easementtoconstruct, lay; remove, relay, enlarge and Operate a water and/or sewer pipe' line Or Tines, -•
xlcriCca-Lara and appurtenances thereto, on, -over, across, and under the following,. described real estate, to -Wit: .
Property. Description:
Part of the NE* of the SW* of Section 241 Township 16 North, Range 31 West
and part of the Tai of. the NW* of the SE* of Section 24,• Township 16 Math,
Range 31 West, as shown on the attached plat.
Easement:
A permanent easement 30 feet in width, said. easement being 15 feet either
• side of and measured normal to 8. survey line raore particularly described
as follows. Beginning at a point 2498 feet south and 420 feet west of the
• NE corner of the NE 1-: of the SW* of Section 24, Township 16 North; Range 31
l?iest, thence north 66° 41' east 252 feet,thence north 81° 5'4' east 521+feet
to a_Point approximately 320 feet south and approximately 325 feet west of
the NE corner of the W4 of the NW* of the SE* of Section 2h, Township 16
• North, Range.131 West-
-
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 construeting, 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 gyanted 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 23 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 construet 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 ag-reements 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.
WITNESS the execution'hereof this the day of , 19
• COUNTY OF WASHINGTON -
STATE OF ARKANSAS
BE IT REMEMBERED, that on this date, before me, a Notary Public within and for said County and State, duly
William A. and Edith L. McAllister , to me well •
ACKNOWLEDGMENT'
•
4,
4, •
commissioned and acting, personally appeared
kno,..in as the person(s) who executed the foregoing Right of Way Grant, and that
for the c2usicieration and purpose therein mentioned and set forth.
• WITNESS my hand and seal on this day of 19 .
they had executed the same
My commission expires
October 1, 197a
•••••111.11.1•11
Notary Public
;
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APPARENT OWNER:
WJ/tiarn A .
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