HomeMy WebLinkAbout05-76 RESOLUTION•
RESOLUTION NO. 3 -MI6
•
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INSTITUTE
EMINENT DOMAIN PROCEEDINGS FOR THE CONDEMNATION OF A SEWER
EASEMENT ADJACENT TO OLD WIRE ROAD.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Attorney be, and he hereby is,
authorized and directed to institute eminent domain proceedings
for the condemnation of a sewer line easement adjacent to Old
Wire Road across property owned by Doris Ann Boyd. A copy of
the easement proposed for condemnation is attached hereto, marked
Exhibit "A", and made a part hereof.
PASSED AND APPROVED THIS Abe/MAY OF , 1976.
ATTEST:
APPROVED:
///GI�G7Z. 2t)
MA OR
•
1 k.GHT OF WAY GRAk
TRACT NO.
C.S. — 4 A
STATE OF ARKANSAS
COUNTY OF WASHINGTON
FKNOW ALL MEN BY THESE PRESENTS:
One (1) Dollar
That for and in consideration of
and other valuable considerations to the undersigned, Doris Ann Boyd
!%HIBIT A
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:
o pPrEPTv LE9AL DESCR
A PART Or THE SOUTH'l
A °ART OF THE NORTHE
SOUTHEAST QUARTER (S
(17) N°RTH OE RANGE
9ErI .hiINr A
SCUTHIEST QUARTER (S
SI' (76) , IND RUn'^,ll,'C
25' EAST 700,00 FEET
q n° "IO' EAST n7,10 F
LINE or THE SOUTH SES
SECTIO"' THI?TY—SII
20 70' FEST 774,43 F
SCl1TH0ESTE°LY DIRECT
N ORTH 2Oz,00 FEET TO
NORTHEAST QUARTER (N
O' ,ECT 100.00 FEET
OR LESS,
IATION: (Rook R30, CAne 554)
EST QUARTER (5! ) OF THE NORTHEAST QUARTER (NE}) AND
RST QUARTER (NE +) OR THE NORTH EST QUARTER (Ni) jr THE
E;) OF SECTION THIRTY—SIX (36) IN TOJNSHIP SEVENTEEN
THIRTY (30) ',IEST, mORE °ARTICULARLY DESCRIBED AS FOLLP.:'S,
T THE SOUTH'!EST CORNER OF THE EAST HALF (El) OF THE
'Il) OF THE NORTHEAST QUARTER (NE}) OF SAID SECTION THIRTY
THENCE NORTH 1° 20' EAST 251.3 FEET, THENCE SOUTH 1;..10
, THENCE SOUTH 1° 27' !EST 141.10 FEET, THENCE SOUTH
EET, THENCE SOUTH 0° 30' EAST 112.10 FEET TO THE SOUTH
T QUARTER (S`+) OF THE NORTHEAST QUARTER (NE+) OF SAID
35), THENCE NORTH AO° 0' "FEST Q9.30 FEET, THENCE SfuTH
EET TO THE NORTH LINE OF OLD FIRE ROAD, THENCE IN A
ION ALONP THE NORTH LINE OF SAID ROAD 110.70 FEET, THENCE
THE SOUTH LIVE OF THE SOUTH'dEST 'QUARTER (SH}) OF THE
E+) OF SAID SECTIO^, THIRTY—SIX (36), THENCE NORTH 8(10
TO THE POINT OF BEGINN'IN'G, CONTAI''INE 2.00 ACRES, i'IORE
EASEP'E'T DESCRIPTION: (SEE RACK)
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 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 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
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.
WITNESS the execution hereof. this the __..
day of. , 19
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 State, duly
commissioned and acting, personally appeared ... _ ., to me well
known as the person(s) who executed the foregoing Right of Way Grant, and that .... . had executed the same
for the consideration and purpose therein mentioned and set forth,
WITNESS my hand and seal on this . day of 19
My commission expire Notary Public
.- r
•
•
•
a
•
EASEiti"ENT DESCRIPTION: A PERMANENT EASEMENT 25 FEET OF EQUAL UNIFORM idIDTH
ALONG THE SOUTH BOUNDARY LINE OF THE ABOVE DESCRIBED PROPERTY, ',1HICH I5
ALS'1 THE "'OATH RIrHT OF ';1AY LIFE OF OLD 'FIRE ROAD.