HomeMy WebLinkAbout21-78 RESOLUTION•
RESOLUTION NO. 7a)
A RESOLUTION AUTHORIZING THE CONDEMNATION OF NECESSARY
EASEMENTS FOR THE CONSTRUCTION OF A SEWER LINE ON THE EAST
SIDE OF ARKANSAS HIGHWAY 265 IN THE AREA OF THE INTERSECTION
OF SAID HIGHWAY WITH ARKANSAS HIGHWAY 45.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the condemnation of those easements described in
right-of-way grants attached hereto, marked Exhibits "1 - 5",
is hereby authorized for the purpose of constructing a sewer
line on the East side of Arkansas Highway 265 in the area of
the intersection of said highway with Arkansas Highway 45.
PASSED AND APPROVED this 42/ day of 4t
1978.
APPROVED:
ATTEST:
CITY CLERK
MICROFILMED
DATE OCT 2a0 1978
REEL
RIGHT OF WAY GRANT
TRACT NO. ...........
STATE OF ARKANSAS
COUNTY OF NVASHINGTON
That for and in consideration of
KNOW ALL MEN BY THESE PRESENTS:
and other valuable considerations to the undersigned,
rvginir
Res 21-1%
E. J. Ball and Gladys Ball, Husbandand 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:
A part of the W4 of the NA of Section 1 in Township 16 North of Range 30 West, described as
a 25 foot water and/or sewer easement of equal and uniform width, said easement being more
particularly described as 12.5 feet either side of a centerline that begins at a point on
the South line and 210 feet East of the Southwest corner of said 80 acre tract, and running
thence N 19° 39' 39" E 385 feet; thence N 35° 11' 50" E 365 feet, more or less, to the South
boundary line of the Charles E. Schlarlau, Jr. property containing 0.43 acres, more or less,
City of Fayetteville, Washington County, Arkansas. Together with a 25 foot temporary
construction easement parallel to and contiguous with the permanent easement.
This legal description prepared by McClelland Consultant Engineers, Inc. on November 16, 1977.
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 r
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
No
My commission expiry - —r �'Y Public z. +"- - -- X' -if,,. -.4.1.1--,,:t....7
1
1
•
TRACT NO.... S-265-11
STATE OF ARKANSAS
COUNTY OF WASHINGTON
' RIGHT OF WAY GRAM
FKNOW ALL MEN BY 1IIESE Pf;.ESENTS:
That for and in consideration of
and other valuable considerations to the undersigned, ..
and Clydene Y. Scharlau, Husband and Wife
Charles E. Scharlau, Jr.
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 wider the following described real estate, to -wit:
A part of the E; of the NW; of Section 1 in Township 16 North
of Range 30 West, described as a 25 foot water and/or sewer easement
of equal and uniform width, said easement being more particularly
described as 12.5 feet either side of a centerline that begins at a
point 529 feet East and 648 feet North of the Southwest corner of
said 80 acre tract, and running thence N 350 11' 50" E 220 feet;
thence N 34° 36' 50" E 30 feet to the West boundary line of the
Fayetteville School District No. 1 property containing 0.14 acres,
more or less, City of Fayetteville, Washington County, Arkansas.
Together with a 25 foot temporary construction easement parallel to
and contiguous with the ' Southeast' side of the -permanent easement.
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
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
for the consideration and purpose therein mentioned and set forth.
WITNESS my hand and seal on this day of 19
..... had executed the same
My commission expires
Notary Public
TRACT NO.
STATE OF ARKANSAS
COUNTY OF WASHINGTON
'ht`GHT OF WAY GRAN I
fKNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of
and other valuable considerations to the undersigned,
Wanda Lucille Yoe, surviving widow
oi. _.Cl ay....B ...:Yoe'
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:
A part of the TA of the SW; of Section 1 in Township 16
North of Range 30 West, described as a 25 foot water and/or
sewer easement of equal and uniform width, said easement
being more particularly described as 12.5 feet either side
of a centerline that begins at a point on the South line and
50.0 feet East of the Southwest corner of said 80 acre tract,
running thence N 1° 15'.30" E 678 feet; thence N 00 47' 30" E
360 feet, more or less, to a point on the Southeast boundary
of the Fayetteville School District No. 1 property containing
0.61 acres, more or less, City of Fayetteville, Washington
County, Arkansas. Together with a 25 foot temporary construc-
tion easement parallel to and contiguous with the East side
of the permanent easement.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line orlines, 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 t
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 expires
Notary Public
•
TRACT NO.
, RIGHT OF WAY GRANT
STATE OF ARKANSAS
COUNTY OF WASHINGTON F KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of
and other valuable considerations to the undersigned, _ FAYETTEVILLE SCHOOL DISTRICT NUMBER 1
Under Sales Contract to Mcllroy Bank
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:
A part of the SW1 of the SW1 of Section 1 in Township 16 North of Range 30 West,
described as a 25 foot water and/or sewer easement of equal and uniform width, said
easement being more particularly described as 12.5 feet eithey side of a centerline
that begins at a point 85.0 feet south and 70.0 feet east of the Northwest corner of
said 40 acre tract, running thence N 00 47' 30" E 40 feet; thence N 4° 54' 09" E 211.6
feet; thence S 85° 13' 21" E 149.0 feet; thence N 80 58' 39" E 50.0 feet, more or
less, to a point on the South right -of- way line of State Highway No. 45 containing
0.26 acres, more or less, City of Fayetteville, Washington County, Arkansas. Together
with a 25 foot temporary construction easement parallel to and contiguous with the
East side of the permanent easement.
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 insaid 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 bad 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 expires Notary Public
A
TRACT NO.
STATE OF ARKANSAS
COUNTY OF WASHINGTON
.RI,GHT OF WAY GRANT
} KNOW ALL MEN BY THESE PRESENTS:
EXHIBIT'
»5
46. 2j-19
That for and in consideration of
and other valuable considerations to the undersigned, ... Ottis..L ...Har.r is _..& Winifred C. Harris,
Flusband---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:
A 20 foot water and/or sewer easement of equal and uniform width off the North
side of Lot 1 of the Glendale Addition to the City of Fayetteville, Washington County,
Arkansas containing .05 acres, more or less.
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 hereofthisthe day of , 19
ACKNOWLEDGMENT
STATE OF ARKANSAS
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
My commission expires
19
Notary Public