HomeMy WebLinkAbout51-76 RESOLUTION•
RESOLUTION NO. 67--16
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INSTITUTE
EMINENT DOMAIN PROCEEDINGS FOR THE PURPOSE OF CONDEMNING A SEWER
LINE EASEMENT ACROSS PROPERTY OWNED BY J. W. AND MARIE EOFF AT
HIGHWAY 71 SOUTH AND TWENTY-SECOND STREET.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the City Attorney be, and he is hereby, authorized
and directed to institute eminent domain proceedings against
J. W. and Marie Eoff for the purpose of condemning a sewer line
easement across property located at Highway 71 South and Twenty -
Second Street. A copy of said easement to be condemned is
attached hereto, marked Exhibit "A", and made a part hereof.
PASSED AND APPROVED THIS DAY OF
ATTEST:
cuats._,Lxialtiat-
APPROVED:
1976.
‘5,...Azzeit;74
YOR
CITY CLERK
atZ2E_i
WRACT
ETATB .0 A' KANSAS
COUNTY
Tha fo
VASHINGTON
RIG) -11" OF WAY I.7.:ANT• •
F
d in consideration of
KNOW ALL MEN BY THESE PRESENTS:
and other valuable considerations to the undersigned, J Eo f f an d. Ma ri e C...Eo f f husband arid -wi fe -
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, rclay, nlarge 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:
OFSCRIPTION OF REAL ESTATE FROM WHICH EASEMENT IS TAKEN:
Part of the Northwest quarter (NW1/4) of the Northeast quarter (NE1/4) of Section Twenty-
eight (28) in Township Sixteen (16) North of Range Thirty (30) West, described as follows,
tO-wit: B.:ginning at a point which is 436.96 feet West of the Northeast corner of satcl
•forty (40) acre tract, and running thence South 11 degrees 30,minutes West 186.4 feet more
or less to the center line of a 20 foot roadway, thence North 781/2 degrees West with the
centerline of said roadway to the centerline of U.S. Highway No. 711 thence North 12 degrees
22 -minutes East mith the center line of said Highway 7,1; 12 rods or to the North line of
said forty (40) acre tract, thence East 415 feet to the beginning point, containing 1.35
ac,es, more or less, subject to an easement over and upon the South 10 feet of the above
described tract, which together with a 10 fcot strip lying South of said tract for use as
a roadway extending from the Southeast corner of said above described tract to the center
line of U.S. Highway No.. 71; LESS AND EXCEPT that portion embraced in Highway No. 71 hereof.
EASEMENT DESCRIPTION:
A permanent easement of 15 feet in width, being 711 feet on each side of a centerline,
and a temporary construction e3semen1. of ItO feet in width, being 20 feet on each side of a
zenterline. The centerline of both easements being more particularly described as follows:
Beginning at a point 251 feet East and /1/2 feet North of the centerline of U.S. Highway No.
71 and running thence South 781/2 degrees East to a point the the East line of the above (OVER)
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 re:noval, 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 disintefested persons, one thereof tci be appointed by the
said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written awardof
• 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, lege.1
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 i3 without authority
to malo_ any covenant or agreernent not herein expressed.
WITNESS the execution hereof.this the day of , 19
ACKNOWLEDGME
STATE OARKANSAS
COUNTY Ota7 WASEIINGTON
C.
BE IT REMEMBERED, that on this date, before me, a NotaE
commissioned and acting, personally appeared
known al the person (s) who executed thc foregoing Right of Way
for the consideration and purpose therein mcationed and sec forth
y Public sieithin and for sail Cohnty and State, duy
cc, , •
.\\t. , to rri..5... well
Grant, and 44> 7 had exerittz-cl the sant,.
WITNESS My hand and seal on this .. day of
My cornraision expires ...
No y Puh!ie
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