HomeMy WebLinkAbout47-78 RESOLUTION•
RESOLUTION NO .#7-78
•
A RESOLUTION AUTHORIZING THE CONDEMNATION OF AN EASEMENT
ACROSS CERTAIN PROPERTY LOCATED ADJACENT TO STUBBLEFIELD ROAD
FOR THE CONSTRUCTION OF A SEWER LINE.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the City Attorney is hereby authorized and directed
to institute eminent domain proceedings for the purpose of
condemning an easement across certain property owned by Katherine
W. Stubblefield adjacent to Stubblefield Road for the purpose of
constructing a sewer line. A legal description of the easement
authorized for condemnation is attached hereto marked Exhibit "A"
and made a part hereof.
PASSED AND APPROVED this day of (141-LAt , 1978.
APPROVED;
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1(..TRACT NO
STATE OF ARKANSAS
COUNTY OF WASHINGTON
OHT OF WAY GRANO
KNOW ALL MEN BY THESE PRESENTS:
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That for and in consideration of
and other valuable considerations to the undersigned, Katherine W Stubblefield in her own right
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:
PROPERTY DESCRIPTION: All of the South half of the Southeast Quarter of Section 25 East of
the centerline of a forty foot public road, except that part in the East half of the road
right of way, containing 74.52 acres. Part of the Southeast quarter of the Southwest quarter
of Section 25 being all that part lying South of the Stubblefield Road and West of the Public
Road and all that part lying East and South.of the said Public Road, except an .11 of an acre
described as beginning at a point on the South line of said forty acre tract and running to a
point on the East line of Public Road N. 59° 16' West 2.80 chains, thence Southerly with Public
Road to its intersection with South line of said 40 acre tract, thence East to the point of
beginning, containing in all out of said forty acre tract, 13.75 acres. Part of the Northeast
quarter of the Northwest quarter of Section 36, being a strip 1.555 chains of equal and uniform
width off the North side of said forty acre tract, containing 3.11 acres, all in Township 17
North, Range 30 West, containing in all 91.38 acres, more or less.
EASEMENT DESCRIPTION: A permanent easement of 15 feet of equal and uniform width off the entire
north side of the above described real estate and a temporary construction easement of 35 feet c.f
equal and uniform width off the entire north side of the first described real estate. Both ease-
ments to run parallel with and contiguous with the south right of way line of Stu_bblefield Road.
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 F
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
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My commission expires ................... .........
Notary Public
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