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Home My WebLink About64-79 RESOLUTION• RESOLUTION NO. Lav- 9 • • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WATER SERVICE AGREEMENT WITH THE MOUNT OLIVE WATER ASSOCIATION. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a Water Service Agreement with the Mount Olive Water Association. A copy of the Agreement authorized for execution hereby is attached hereto, marked "Exhibit A" and made a part hereof. ''77' PASSED AND APPROVED this %7 day of .74 F- I ATE• EST ,As�;:�r? • • • WATER SERVICE AREA RELEASE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That Whereas the owners of the following described properties desire public water service to these properties; Lot 1 of Black Oak Addition, according the plat of said addition recorded in the office of the Circuit Clerk in Washington County, And Also the Part of the Northeast Quarter (NE;) of the Northeast Quarter (NE1) of Section Two (2) in Township Fifteen (15) North of Range Thirty (30) West, being more particularly described as follows, to -wit: Beginning at the Northeast corner of said North- east Quarter (NE;) of the Northeast Quarter (NE;) and running thence South 00 degrees 41 minutes 37 seconds West 476.3 feet, to the North Right of Way of a new existing road; thence along and with said North road Right of Way North 71 degrees 38 minutes West 39.97 feet, North 73 degrees 27 minutes West 215.0 feet, North 67 degrees 38 minutes West 75.0 feet, North 70 degrees 13 minutes West 90.0 feet, North 72 degrees 05 minutes West 90.0 feet, North 75 degrees 04 minutes West 80.0 feet, North 78 degrees 32 minutes West 75.0 feet, North 87 degrees 14 minutes West 65.0 feet, South 86 degrees 00 minutes West 70.0 feet, South 80 degrees 42 minutes West 204.22 feet, to the centerline of an existing old road; thence along said old road centerline North 02 degrees 01 minutes West 149.12 feet, North 25 degrees 08 minutes East 109.5 feet, North 19 degrees 50 minutes East 71.05 feet, to the North line of said forty acre tract; thence East 911.0 feet, to the point of beginning, containing 7.68 acres, more or less. And Also Part of the Northeast Quarter (NES) of the Northeast Quarter (NE<) of Section Two (2) in Township Fifteen (15) North o f Range Thirty (30) West, being more particularly described as follows, to -wit: Beginning at a point on the South Right of Way o f an existing toad, said point being South 00 degrees -41 minutes 37 seconds West 538.7 feet from the Northeast corner of said Section Two (2) and running thence South 00 degrees 41 minutes 37 seconds West 771.74 feet to the Southeast corner of said forty acre tract; thence West 430.0 feet; thence North 00 degrees 41 minutes 37 seconds East 913.25 feet to the South Right of Way of an existing road; thence with the South Right of Way of said e xisting road, South 72 degrees 05 minutes East 31.61 feet, South 70 degrees 13 minutes East 90.0 feet, South 67 degrees 38 minutes East 75.0 feet, South 73 degrees 27 minutes East 215.0 feet, South 71 degrees 38 minutes East 39.79 feet, to the point of beginning, containing 8.62 acres, more or less. And Also Part of the North Half (N2) of, the Northwest Quarter (NW;) of Section 1, Township 15 North, Range 30 West, and being more particularly described as follows, to -wit: Beginning at the North West corner of said 80 acre tract, and running thence South 89°14'42" East 828.28 feet; thence South 27°32'11" East 650 feet; thence South 89 00'11" East 505 60 feet to the centerline of the Black Oak Road; thence South 33x54'30" East along said centerline 303.53 feet; thence South 44°46'42" East along said centerline 688.69 feet; thence leaving said centerline and running North 89°00'08" West 800 feet; thence North 89 26'15" West 1304.69 feet to a concrete monument; thence North 0°41'37" East 1307.57 feet to the point of beginning, containing 39.61 acres, more or less. Subject, however, to the right of way of Black Oak Road over the East side thereof. • • • 'And Whereas said properties lie within the water service area of the Mount Olxve Water Association; And Whereas the Mount Olive Water Association does not have a water main to serve the subject properties at this time nor in the neat future; .. And Whereas it is the will of the Mount Olive Water Association and City of Fayetteville to provide a safe, public water supply to as many area residents as they reasonably can; Therefore this release agreement is made and entered into this day by and between the Mount Olive Water Association and the City of Fayetteville, Arkansas, a municipal Corporation, their successors and assigns; And That by this agreement the Mount Olive Water Association does release the hereinbefore described lands from its water service area to the City of Fayetteville and the City's Water Service Area. The City of Fayetteville agrees to provide all maintenance and operation .responsibilities and shall collect and own all revenues from said lands as long as said lands remain in the Fayetteville Water Service • Area, Provided, However, That this release is temporary during the five years immediately following the date of this agreement,and that the hereinbefore described lands, the responsibility for maintenance and operation of the water mains serving said lands, and the collection and ownership of revenues from water service to said lands shall re- vert to the Mount Olive Water Association if, within said five year period, the Mount Olive Water Association actually connects the water mains serving the subject lands to a main portion of the Mount Olive Water System. Provided further, that if the subject mains are not connected to a main portion of the Mount Olive system within aperiod of five years from the date of this agreement, then the subject lands shall become a permanent addition to the city of Fayetteville water service area and this release shall be final and complete. This release agreement,when executed, constitutes the sole agree- ment between the parties hereto, and any variations, additions, or changes hereto must be made by mutual consent of the parties and must • be reduced to writing in the form of addendums or changes to this agree- ment. Witness our hands and seals on this • MT. OLIVE WATER AS-•CIATION: CITY OF FAYETTEVILLE: Robert B. Curlee, Chairman David R. Malone, Mayor Charles Brink, Secretary -Treasurer Ang ACKNOWLEDGEMENT STATE OF ARKANSAS -la R. Medlock, C�'ity Clerk COUNTY OF WASHINGTON Be it remembered, that on this day, before the undersigned, a Notary Public in and for the county aforesaid, duly commissioned and acting, came to me well known, and stated that they, having proper authority to do so, had executed this instrument for the consideration and purposes therein set forth. Witness my hand and seal this /6 1% day of /}, , 1979. 14y'Commission expires: 23.- 6A • J 2� Notary Public • ACKNOWLEDGEMENT STATE OF ARKANSAS COUNTY OF WASHINGTON Be it remembered, that on this day, before the undersigned, a Notary Public in nd for t e county aforesaid, ly commis # oned and acting, came o1K�� / %Y(a-P.(fk2 avttE l a- ' • od u)* to me well known, and stated that they, having proper authority to do so, had executed this instrument for the consideration and purposes therein set forth. Witness my hand and seal this /67/1" ay of , 1979. 'My Commission expires: IA Oettied. �1, / 9 g Ozalad a. Notary Public •