HomeMy WebLinkAbout62-78 RESOLUTIONg
RESOLUTION NO. (0;
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INSTITUTE
EMI.NENT]. DOMAIN PROCEEDINGS FOR THE PURPOSE OF ACQUIRING FEE
SIMPLE TITLE TO PROPERTY ON THE EAST SIDE OF ARKANSAS HIGHWAY
112 NORTH OF ARKANSAS HIGHWAY 71 BY-PASS OWNED BY J.C.
CALABRIA FOR THE PURPOSE OF RELOCATING A WATER 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
fee simple title to certain propetty owned by J.C. Calabria for the
purpose of relocating a water line. A legal description of the
property authorized for condemnation hereby is attached hereto, marked
Exhibit A, and made a part hereof.
PASSED AND APPROVED this 3fr day of U
1978.
APPROVED:
Mayor
ATTEST:
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MICROMANO
DATE OCT 2 a
REE( 1978
i RAC' .:No.
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STATE OF ARKANSAS
COUNTY OF WASHINGTON
RIGHT OF WAY GRANT
FKNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of .
and other valuable considerations to the undersigned,
t
J. C. Calabria
paid, the receipt of which is hereby acknowledged, the said Grantor docs hereby GRANT, SELL AND COVEY unto
the City of Fayetteville, Arkansas, a municipal corporation (hcrein.stylcd 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:
P'rt nf the East half of the Northeast Quarter of Section 33, Town.. -;.:.p 17 North, Range
30 West, Washington County, Arkansas, A permanent• easement of 25 feet in width
and being more particularly described as follows, to wit:
Starting at the Northwest corner of the Northeast Quarter of the Northeast Quarter of
Section 33; thence North 88° 29' East along the North line thereof a distance of 61.5
feet to a point on the existing centerline of State !Highway #.112; thence South 22°
44' East along said centerline a distance of 85.1 feet to a. point; thence North 67° 16'
East a distance of 18.0 feet to a point on the Northeasterly proposed right of way line of
Highway # 112 Interchange, for the point of beginning; thence North 22° 44' West along
the said proposed right of0 way line 25.0 feet; thence North 67° 16' East a distance of
25.0 feet; thence South 22 44' East a distance of 25.0 feet; thence South 35° 26'
East a distance of 93.9 feet; thence South 20° 19' East a distance of 103.8 feet; thence
South 13° 02' East a distance of 159.1 feet, thence South 09°'58' East a distance of
449.6 feet; thence South 190 25' East a distance of 408.9 feet; thence South 75° 08'
East a distance of 98.1 feet; thence in a Northeasterly direction parallel to. the
Northerly existing right of way line of U. S. Highway # 71, a distance of 800.0 feet;
thence South 24° 10' East a distance of 25.0 feet to a point on the Northerly existing
right of way line of U.S. Highway #71; thence along the said Northerly existing
of way line of U.S. Highway # 71 in a Southwesterly directionn-a distance of .800.00 feet;
SEE PAGE TWO .
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.
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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, 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 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 .,
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PAGE TWO
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thence North 75° 08' West a distance of 98.1 feet; thence North 19° 25' West a
distance of 408.9 feet; thence North 09° 58' West a distance of 449.6 feet; thence
North 13° 02' West a distance of 159.1 feet; thence North 20° 19' West a distance
of 103.8 feet; thence North 35° 26' West a distance of 93.9 feet to the point of
beginning.
Also a temporary construction easement of 25 feet in width being 25 feet of equal
and uniform width running north and east and contiguous with the above permanent
easement.
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