HomeMy WebLinkAbout30-78 RESOLUTION•
�=
V ° •
64,`,\.'- .:AT 'E.Z 3
57t1(aztat tzar
i CITY": CLERK
•
•
RESOLUTION NO.30-71
•
A RESOLUTIOIN AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT WITH DR. AND MRS. THERMON CROCKER
REGARDING THE DEDICATION OF AN EASEMENT AND CONSTRUCTION
OF WATER TAPS ACROSS THE CROCKER'S PROPERTY.
BE IT RESOLVED BY BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute an agreement with Dr. and Mrs. Thermon
Crocker regarding the dedication of an easement and construction
of water meter taps across the Crocker's property. A copy of
said agreement marked Exhibit "A" is attached hereto and made
a part hereof.
PASSED AND APPROVED this
APPROVED:
1978.
MICROFILMED
DATE OCT 2 0 l9
REEL+
•
tnt
i.
•
AGREEMENT
This agreement, executed this _ day of , 1978,
by and between the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter call the "City", and Dr. Thermon
Crocker, M.D. and Elizabeth Crocker, husband and wife, hereinafter
called the "Property Owners".
WHEREAS, the "Property Owners" own certain property adjacent
to Starr Road, which is served by a 2 1/4 inch water line; and
WHEREAS, the City Engineer has determined that the capacity
of said water line is such that the Property Owners may
make two additional taps thereon to serve their property without
affecting the quality of water service in the area; and
WHEREAS, the City has requested the Property Owners to
execute the water line easement attached hereto so that the City
may provide water service to another property owner; and
WHEREAS, the purpose of this agreement is to set out the
terms and conditions under which the Property Owners will execute
said easement.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the City and the Property Owners agree
as follows:
1. The Property Owners will dedicate to the City the
water line easement described in the Right -of -Way Grant,
marked Exhibit "A" attached hereto and made a part hereof.
2. Upon request of the Property Owners, the City will
make a maximum of two additional water taps on the water line
presently serving the property described in the aforesaid
Right -of -Way Grant, which additional water taps shall be for
the purpose of providing additional water service to said
property.
3. The Property Owners agree to pay the City a fee for
said additional water taps in accordance with the water tap
fee schedule established by the City and in effect at the time
said taps are made.
•
IN WITNESS WHEREOF, the parties have executed this agreement
on the date set out above.
CITY OF FAYETTEVILLE, ARKANSAS
A Municipal Corporation
BY
MAYOR
ATTEST:
CITY CLERK
Thermon Crocker, M.D.
Elizabeth Crocker
""✓� .RIGHT OF WAY GRANT
TRACT NO. . . .
STATE OF ARKANSAS
COUNTY OF WASHINGTON
That for and in consideration of
KNOW ALL MIEN BY THESE PRESENTS:
and other valuable considerations to the undersigned,
One and no/100 Dollar ($1.00)
Thermon R. Crocker and Mary Elizabeth Crocker,
Husband 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 rntt,'m.' r4".`". pips line or lines,
, on, over, across, and under the following described real estate, to -wit:
PROPERTY DESCRIPTION: Part of the Southeast quarter (SEt) of the Northeast quarter (NE1)
and part of the Northeast quarter (NE1) of the Northeast quarter (NE1) all of Section Twelve
(12) in Township Sixteen (16) North of Range Thirty (30) West, being more particularly describes
as follows, to -wit: Beginning at the Northwest corner of the Southeast quarter (SES) of the
Northeast quarter (NE1) of Section Twelve (12) and running thence North 0 degrees 34 minutes
30 seconds East 220.65 feet, thence South 82 degrees 00 minutes East 545.5 feet, thence South
4 degrees 40 minutes West 675.05 feet, thence West 493.8 feet, thence North 0 degrees 34 minute:
30 seconds East 528.0 feet to the point of beginning and containing 8.46 acres, more or less.
EASEMENT DESCRIPTION: A permanent easement 15 feet wide across part of the above described
property more particularly described as follows: Beginning at a point on the South line of the
above described property which is 2084.3 feet north and 453.6 feet east of the southwest corner
of the Northeast quarter (NE1) of the Southeast quarter (SE1) of Section 12, Township 16 North,
Range 30 West, which point is also on the centerline of an existing easement, thence east along
the south line of the above described property 40.2 feet to the southeast corner thereof; thenc-
north 4° 40' East along the east line of the above described property 15 feet; thence west
50.11 feet to a point on the centerline of an existing easement; thence South 33° 27' East aloe'
said centerline 17.98 feet to the point of beginning, containing 0.02 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 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 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