HomeMy WebLinkAbout56-78 RESOLUTIONRESOLUTION NO. 5-6-
A RESOLUTION AUTHORIZING THE CONDEMNATION OF CERTAIN PROPERTY OWNED
BY CARL G. SHAFFER ADJACENT TO ARICANSAS HIGHWAY 265 FOR THE CONSTRUCTION
OF A PUBLIC 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 condeming a sewer line
easement across certain property owned by Carl G. Shaffer adjacent to
Arkansas Highway 265. A legal description of the easement authorized for
condemnation hereby is attached hereto marked exhibit "A" and made a
part hereof.
PASSED AND APPROVED THIS S11-- DAY OF 1978.
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A3yVED:
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MAYOR
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EiCITY ERK:or
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MICROFILM
DATE____
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TRACT NO.
STATE OF ARKANSAS
COUNTY OF ‘VASHINGtON
IKNOW ALL MEN BY 'I -HESE liltESQ.:TS:
That for and in consideration of
and other valuable considerations to the undersigned,
EY1-11817-
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Carl G. & Margaret M. Schaefer
husband & wife
paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL ANI) COVEY unto
the City of Fayetteville, Arkansas, a municipal corporation (herein styled Giantee), its sneeessurs and assigns, the right
of way and easement to construct,lay, remove, relay, enlarge and operate a water ainl/or sewer pipe line or lines,
manholes, and appurtenances thereto, on, over, across, and unsinr ;he !ollowing described real estate, to -wit:
Lot #15 of Tomlyn Valley View Addition to the City
of Fayetteville, Washington County, Arkansas.
A permanent 20 foot water and/or sewer easement,
being 10 foot either side of a centerline
described as follows: Beginning at a point
14.4 feet south of the Northeast corner of
said Lot #15 on the east property line and
running in a Northwesterly direction a
distance of 102 feet; thence in a Northeasterly
direction a distance of 28.5 feet to a point
of termination, said point being the Southwest
corner of Lot #11.
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TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, r.o long as such pipe line or lines, man-
holes and/or appurtenances thereto shall he maintained, with ingress to and egress froin 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 svill, in whole or in part.
The said Grantor is to fully MC ancl enjoy the said premises except for the purposes hcreinbefore granted to the said
Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient dcf)th 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) fcct in height.
The Grantee shall have the right to construct additional pipe lines upon tht 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 Otis casement.
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 acreed 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
A (2 K. NOW LE I.) G M ENT.
STATE OF ARKANSAS .
COUNTY OF WASHINGTON
. BE yr 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
dav of , 19
My. commission expires Notary Public
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