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HomeMy WebLinkAbout65-79 RESOLUTION• 1 RESOLUTION NO. 605=7/ A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INSITUTE EMINENT DOMAIN PROCEEDINGS TO CONDEMN EASEMENTS NECESSARY FOR THE WEDINGTON - PORTER ROAD SEWER PROJECT. MICROFILM DATE MIG 8 1919 REEL BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the City Attorney is hereby authorized and directed to insitute eminent domain proceedings to condemn the easements described in Exhibits 1 & 2 attached .hereto and made a part hereof, which easements the Board of Directors hereby determines are necessary for construciton of the Wedington - Porter Road '; Sewer Project. NPC PASSED AND APPROVED this NPC day of APPROVED: 1979. MAYOR 0- ATTE8TZ y dA f• Q ICMk ti . ERK 7 S RIGHT OF WAY GRANT TRACT NO. STATE OF ARKANSAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WASHINGTON That for and in consideration of One Dollar and/no cents (S 1.70) ,.. and other valuable considerations to the undersigned, William T. Flynt and Carolyn S. Flynt. Husband and wife paid, the receipt of which is hereby acknowledged, the said Grantor dors hereby GRANT, SELL AND COVEY tom the City of Fayetteville, Arkansas, a municipal corporation (herein styled Grantee), its successors and assigns, the richt 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, an, over, across, and under the following described real estate, to -wit PROPERTY DESCRIPTION: Lots 10, 11, and 12 of S. T. Russell Subdivision EASEMENT DESCRIPTION: A permanent easement of 10 feet of equal and uniform width more particularly described as beginning 10 feet north of, the southwest corner of the above- described real estate and running thence east 240 feet to the east line of Int 12, thence north 10 feet, thence west 240 feet to the west line of Lot 10, thence south 10 feet to the point of beginning; ALSO, a temporary construction easement of 5 feet of equal and uniform width parallel and adjacent to the north side of the above-described permanent easement. 5.02 - 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 sail, 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 wag 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 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 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 -'' "" 19 STATE OF ARKANSAS 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 ..... . f ACKNOWLEDGMENT My commission expires Notary Public s TRACT No. STATE OF ARKANSAS ALL MEN BY THESE PRESENTS: COUNTY OF WASHINGTON That for and in consideration of One Dollar and no/cents (5 1.00) and other valuable considerations to the undersigned, Chase 5. Reid 4 • • RIGHT OF WAY GRANT 5.04 2 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: Lot 13 of S. T. Russell Subdivision EASEMENT DESCRIPTION: A permanent easement of 10 feet of equal. and uniform width more particularly described as beginning 10 feet north of the southwest corner of the above- described.real estate and running thence east 80 feet to the east line of Lot 13, thence north 10 feet, thence west 80 feet to the west line of Lot 13, thence south 10 feet to the point of beginning; ALSO, a temporary construction easement of 5 feet of equal and uniform width parallel and adjacent to the north side of the above-described permanent easement. 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 thc 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 wiil, in whole or in part. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefcre 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 thud 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 she 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 thc 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 13E 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 s Notary Public