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HomeMy WebLinkAbout62-79 RESOLUTION• RESOLUTION NO. 62:)-17 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO INSTITUTE EMINENT DOMAIN PROCEEDINGS TO CONDEMN EASEMENTS NECESSARY FOR THE CONSTRUCTION OF A SEWER LINE ALONG ZION ROAD. 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 to condemn those easements described in Exhibits "1" and "2" attached hereto and made a part hereof, which easements are necessary for the construction of a sewer line along Zion Road. PASSED AND APPROVED this 3t4A. day of -. ` CdCbck APPROVED: 1979. ciG--e9V� (i)/kosen.-. MAYOR 1919 • • • TRACT NO. STATE. or ARKANSAS COUNTY OF WASHINGTON That for and in consideration of IGHT OF WAY GRA'T .. 7.02 KNOW ALL MEN ItY Ti IESE PRESENTS: and other valuable considerations to the undersigned, Oral A. Carnes and Betty .lc:sn Carnes, his wi fe. paid. the receipt of which is lirrclsy acknowledged, the said Grantor dors het eby GRANT, SEL1. AND COVEY unto the City of Fayetteville, Arkansas, a municipal corporation (herein styled C:iautec), its successors and assigns, dee 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, aver, ao ns s, and under the following dcxri1 cd real estate, to -wit: A part of the NWof the SC'; of Section 24, Township 17 North, Range 30 West, Washington County, Arkansas, and being more particularly described as follows: A permanent water and/or sewer casement 20 feet i'n width, being l0 feet in width on either side of a centerline described as beginning at a point 410 feet North and 270 feet West of the Southeast corner of said 40 acre tract, and running thence N 650 43' 16" E 280 feet, being parallel to and contiguous with the South right- of-way of Zion Road, said easement terminating at a point approximately 513.9 feet North of the Southeast corner of said 40 acre tract. Also, a temporary construction casement 25 feet in width, for a period not to exceed one year from the date hereof, parallel to and contiguous with the above described permanent easement and situated on the South side thereof. TO HAVE ANI) TO 11OI.D unto said Grantee, its successors and assigns, so long as such pipe line or lines, man- holes and/or appurtenances thereto shall be tnainta ined, 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 sviole 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, wlid' 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 he constructed flush with the surface of the ground except in bottom lands where they shall br. ata height above high water, and to pay any damages which may arise to growing crops or fences from ;he 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 :meet shall not exceed siva (6) feet in height. Tie Grantee shall have the right to construct additional pipe lines upon .the above described easement at any time in tic future and agrees to pay any damages as a result of such future construction as set out in this 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 tic respective heirs, legal ' representatives, successors and assigns of tic parties hereto. It is hereby understood and agreed that the party securing this grant in behalf of the Grantee is without authority to stake anv covenant or agreement not herein expressed. WITNESS the execution hereof. this, the .. day of .. ... _... ..... ..... ...... ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF 1 A5111NGTON BE IT REMEMBERED, that on this date, before n¢, a Notary Public within commissioned and acting, personally appeared ..... .._... ... ....... ..... known as the person(s) who extorted the foregoing Right o: \Car Giant, and that for the consideration and purpose therein mentioned ad so forth. WITNESS my hand and seal on this ... _... _....... day of .... t.ty commission expires . .. rad for said County aria State, duly ...... to Inc well Lad e,ccuad tl.e sante Nrnrc p^'one vs • • • 20' Permanent Easement P.O.B. • 7.03 270' Nest 2S' Temporary Construction Easement South R.O.W. of Zion Road 410' North Southeast corner, NW,, SIi',;, of Section 21, Toti:nsh1p 17 North, Range 30,1icst McCLELLAND CONSULTING ENGINEERS INC. 1"=100' f o y e t t ev I I I e a r ka n s a s TRACT MAP FOR TIII'. Orval A. Carnes Betty Jean Carnes Property 78_I75. March, 1975' • • • TRACT NO. STATE OE ARKANSAS COUNTY OF WASHINGTON IGHT OF WAY GRJAJT KNOW ALL MEN 11Y THESE PRESENTS: That for and in consideration of and other valuable considerations to. the undersigned, Si I1 Carnes 7.04 and Margaret Carnes, Husband and paid, the receipt of whirls is hereby acknowledged. the said Grantor dors bcieby GRANT, SEI.(. AND COVEY unto the City n( Fayetteville, Arkansas, a municipal commotion therein styled granted, its sucerssors and assigns, the right of way and casement to eoustnua, lay, remove, relay, enlarge and operate a %rater and/or sewer pipe lint or lines, .. ... . manholes, and appurtenances thereto, on, over, across, and under the following described real estate, to -wit A part of the NW!a of the SE', of Section 24, Township 17 North, Range 30 West, Washington County, Arkansas, and be ing more particularly described as follows: A permanent water and/or sewer easement 20 feet in width, being 10 feet in width on either side of a centerline'described as beginning at a point 485 feet North and 702.5 feet East of the Southwest corner of said 40 acre tract and running thence N 890 51' 68" E 403 feet, being parallel .to and contiguous with the South right- of-way of Zion Road, said easement centerline terminating at a point approximately 485 feet North and 1105.5 feet East of the Southwest corner of said 40 acre tract. Also, a temporary construction' easement 25 feet in width, for a period not to exceed one year from the date hereof, parallel to and contiguous with the above described permanent easement and situated on the South side thereof. 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 he 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, ane thereof to be appointed by the said Cranwr 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 io 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 'iglu to construct additional pipe lines upon the above described casement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this casement. The consideration first above recited as being paid to Grantor by Grantee is in hill satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend w and be binding upon the respective heirs, legal representatives, successors and assigns of tic parties hereto. It is 'tetchy 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 exphessed. WITNESS the execution hereof this the day of ._. ... ACKNOWLEDGMENT STATE OF ARKANSAS t COUNTY OF NASI I INGTON r BE IT HENIEMI3ERED, that on this date, before me, n 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 tt ‘'fay Grant, and that had executed the sante for the consideration and purpose therein uncut inad and set forth. WITNESS my hand and seal on this . day of .. ... . 19 .... ._............. _..... Nn:ary Puhfr !sly cmnmissimh expires � .. ...'. .. .. _. P.O. B. 485' North 7.05 • South R.O.N. of Zion Road Easement 9 20' Permanent \\\-\\\\\\\\\\\\\-\\\\ Temporary Construction Easement o-('S-a- ('Southwest outhwest Corner, NC, SE',;, of Section 24, Township 17 North, Range 30 West McCLELLAND CONSULTING ENGINEERS INC. 1"=100' f a y e t t e v I l l e, a r k a n s a s TRACT MAP FOR THE Bill Carnes Property 73-17S March, 19'