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HomeMy WebLinkAbout74-79 RESOLUTIONr RESOLUTION NO. 74-'19 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INSTITUTE EMINENT DOMAIN PROCEEDINGS TO CONDEMN EASEMENTS NECESSARY FOR THE RELOCATION OF UTILITY LINES IN CONNECTION WITH THE WIDENING OF U.S. HIGHWAY 71 B SOUTH. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. That the City Attorney is authorized and directed to execute eminent domain proceedings to condemn the easements described in Exhibit "1-10" attached hereto and made a part hereof which easements the Board of Directors determines are necessary for the relocation of utility lines in connection with the widening of U.S.Highway 71 B South. PASSED AND APPROVED this rifle day CIAO (, t 1979. CIA-Ort ATTEST: APPROVED: MAYOR MICROFILMED DATE OCT 3 1979 REEL _t• • • 0 • • NAMES AND ADDRESSES OF OWNERS OF PROPERTIES TO BE CONDEMNED FOR UTILITY LINES ON SOUTH SCHOOL NAME Miller, Ransom Heflin, Mary I. Vaughn, Robert L. ADDRESS c/o Arthur Miller Willoughby Road - Fayetteville c/o Bill Putman, Attorney Fayetteville Wyman Road - Fayetteville Town & Country Home Center, Inc. 1133 South School - Fayetteville Hargis Trading Company J. 0. Witt, c/o City Lumber Co. South School - Fayetteville Witt, James O., Jr. & Mildred c/o City Lumber Company South School - Fayetteville Ashburn, John F. & Lee c/o East 16 Animal Hospitol Fayetteville Bartholomew, Argil c/o Washington County Sales Barn Fayetteville Selle, Robert L. & Patti A.(/Rt. 2 Box 153B %SI NA U R Pf{ Y Perryville, AR 72126 BF M u c PH y 4 Cfbe LI SLE 4-rrbf�P.)(_moiS F'(h"i e"T7ev 1_, t D. M . PA-bti • ' ;TractrNo. TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS: exp 19-E THAT Ransom Miller and Miller, Husband and Wife for and in consideration of ( ), and other valuable considerations, to cash in hand paid by the Arkansas State Highway Commission, the receipt of which is hereby acknowledged, do hereby give and grant to the Arkansas State Highway Commission, it successors and assigns an exclusive temporary right of way and temporary easement for the sole purposes necessary for Highway construction, Arkansas State Highway Commission Job No. 4702 , together with free ingress and egress, to, across, through and over the following lands situated in the County of Washington , State of Arkansas. LEGAL DESCRIPTION A part of the Northwest Quarter of the Northeast Quarter of Section 28, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Beginning at a point that is 40.0 feet Right of and on a. radial line from centerline station 66+00.0 said point being on the existing Easterly right of way line of U.S.. Highway. 71B; thence South 73° 60' East a distance of 10.0 'feet to -a point ;thence in a Southwesterly direction on a curve Right having a radius of 1482.39 feet a distance of 27.9 feet to a point; thence North 81° 53' West a distance of 10.1 feet to a point on said existing right of way line; thence in a Northeasterly direction along said existing right of way line on a curve Left having a radius of 1472.39 feet a distance of 29.4 feet to the point of beginning and containing 0.01 Acre, more or less. 0k • DH/rh 1-3-79 together with the rights, easements and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. This temporary easement as conditioned above shall terminate when Arkansas State Highway Commission Job No. has been completed by the contractor and accepted by the Arkansas State Highway Commission. TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission and to its successors and assigns for and during the term aforesaid and for the pruposes hereinabove set forth. WITNESS hand on this day of 1979 (SEAL) (SEAL) (SEAL) • • Tract No. 71-U-39 • Cwners: Marr I. Hafl' EASEMENT widow of Walter flit. KNOW ALL MEN BY THESE PRESENTS: That the undersigned grantor for the consideration of One Dollar ($ 1.00) and other good and valuable consideration to it in hand paid by the City of Fayetteville, Arkansas, a municipal corporation, the grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the City of Fayetteville, Arkansas, a municipal corporation, and to all public utility companies (including cable television companies) providing utility service within..the.City of Fayetteville, maintaining, a perpetual easement for the purpose of constructing, repairing and replacing a public street and public. utility lines (including cable television lines), to -wit: EASEMENT DESCRIPTION: A permanent easement of 10 feet of equal and uniform width off of the entire west side of the following described real estate and a temporary construction easement of 40 feet of equal and uniform width off the entire west side of the following described real estate, Less and except that portion occupied by a permanent structure. PROPERTY DESCRIPTION: A part of the Southwest Quarter of the Northeast Quarter, Section 21, Township 16 North, Range 30 West, more particularly described as follows: Beginning at a point which is 26 rods West and 171.5 feet North of the Southeast corner of said 40 acre trac and running thence North 131:5feet; thence East 26 rods; thence South 131.5 feet; thence West 26 rods to the point of beginning. • TO HAVE AND TO HOLD said premises to said grantees for the uses and purposes hereinbefore described. WITNESS our hands and seals on this day of 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 ACKNOWLEDGMENT • 19 Notary Public My commission expires Tract NO. 71-U-40 C- ners: es 3 Robert L. Vaughn EASE :! E N ,T KNOW ALL NEN BY THESE PRESENTS: That the undersigned grantor for the consideration of One collar ($ 1.00) and other good and valuable consideration to it in hand paid by the City of Fayetteville, Arkansas, a municipal corporation, the grantee, a receipt of,which is hereby acknowledged, does hereby grant, bargain, sell and convey to the''City of Fayetteville, Arkansas,'a municipal corporation, and to all public utility companies (including cable television companies) providing utility service within the City of Fayetteville, the following described perpetual easement for the purpose of constructing, maintaining, repairing and replacing public utility lines (including cable television lines), to -wit: EASEMENT DESCRIPTION: A permanent easement of 10 feet of equal and uniform width off of the entire west side of the following described real estate and a temporary construction easemen' of 30 feet of equal and uniform width off the entire west side'of the following described real estate, LESS AND EXCEPT that portion occupied by 3o permanent structure. PROPERTY DESCRIPTION: A part of the Southwest Quarter of the Northeast Quarter of Section 21, Township 16 North,. Range 30 West, and described as beginning at a point which is 303 feet NO2 of the Southeast corner of said Southwest Quarter of the Northeast Quarter of said Section 2] and running thence West 26 rods; thence North 250 feet; thence East 26 rods; thence South 25( feet to the beginning. TO HAVE AND TO HOLD said premises to said grantees for the purposes hereinbefore described. Grantor covenants that no buildings or structures, other than fences, shall be erected on said easement. WIT:.cSS our hands and seals on this day of , 19 uses and ACKNOWLEDGL*TNT STATE OF ARKANSAS COUNTY OF WASHINGTON ) BE IT REMEMBERED that for said County and State, the person(s) who executed had d the same for set execute forth. WITNESS my hand and on this date, before me, a Notary Public within and duly commissioned and acting, perSonlllknown personally Ito me as the foregoing Right of Way Grant, and that the consideration and purpose therein mentioned and seal on this my Commission expires day of Notary Public 19 ••••.,;;s Sg+SO/fid ICI 153M %1 • . �, ,, f— _..4.144 1 I i �� �' i ,!\ of i • 4 9N/NYud 9Nhalted ct r • 00/ OW Q. 8/a69N ami OO Co • • Tract ::o. 71-0-44 • E A S rs: ala Town and Country Home Center, KNOW ALL MEN BY THESE PPWSE:;TS: That the undersigned grantor for the consideration of Cne Collar ($ 1.00) and other good and valuable_ consideration to it in hand paid by the City of Fayetteville, Arkansas, a municipal grantee, a receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to thetity of Fayetteville, Arkansas, a municipal corporation, and to all public utility companies (including cable television companies) providing utility service within the City of Fayetteville, the following described perpetual easement for the purpose of constructing, maintaining, repairing and replacing public utility lines (including cable television lines), to -wit: - EASEMENT DESCRIPTION: A permanent easement of 10 feet of equal and uniform width off of the entire west side of the following described real estate and a temporary construction easemen of 40 feet of equal and uniform width off the entire west side -of the following described 'real estate, LESS AND EXCEPT that portion occupied by `a permanent structure. PROPERTY DESCRIPTION: Part of the Southwest Quarter of the Northeast Quarter of Section 21, Township 16 North, of Range 30 West, more particularly described as beginning at a point whic is 8 chains and 40 links South Of the- Northeast. corner of said 40 acre tract, and running, -thence North 155 feet; thence West 414 feet, more or less, to the center line of U.S. Highwa_ .No. 71; thence South 155 feet; thence East 414 feet to the place of beginning, containing 1.43 acres, more or less. corporation, the • • TO HAVE AND TO HOLD said prerases to said purposes hereinbefore described. Grantor covenants that no buildings or structures, other than fences, shall be erected on said easement. . f 19 WITNESS our hands and seals on this day o ------ antees for the uses anc ACKNOWLE nr.. -'T STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) BE IT RENENBEFED that for said County and State, the person(s) '..bo executed had executed the same for set forth. WITNESS my hand and seal on this • on this date, before me, a Notary Public within and duly commissioned and acting, personally appeared , to me well known as the foregoing Right of Nay Grant, and that the consideration and purpose therein mentio::ed and , day of 19— My Commission expires Notary Public. Tract ::o. 71-U-45 EA5EX . E• X. Hargis Trading Company KNOW ALL MEN BY THESE PRESENTS: That the undersigned grantor for the consideration of Cne Dollar ($ 1.00) and other good and valuable consideration to it in hand paid by the City of Fayetteville, Arkansas, a municipal corporation, the grantee, a receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the City of Fayetteville, Arkansas, a municipal corporation, and to all public utility companies (including cable television companies) providing utility service within the City of Fayetteville, the following described perpetual easement for the purpose of constructing, maintaining, repairing and replacing public utility lines (including cable television lines), to -wit: EASEMENT DESCRIPTION: A permanent easement of IO feet of equal and uniform width off of the entire west side.of the following described real estate and a temporary construction easemer. of 40 feet of equal and uniform width off the entire wrest side -of the following described real estate, LESS AND EXCEPT that portion occupied by a permanent structure. 'PROPERTY DESCRIPTION: Part of the Southwest quarter of the Northeast quarter of Section Twe: one (21), Township Sixteen (16) North, of Range Thirty (30) West, and more particularly desc: ed as follows: Beginning at a'point which -is. 176.19 feet South of the Norhteast corner of s; 40 acre tract; thence South 223.21 feet; thence West 398.37 feet to the East right of way of U.S. Highway No. 71; thence North along said right of way 85.4 feet; thence East 194.37 feet thence North 148.5 feet; thence South 87° 06' East 204.6 feet to the point of beginning, containing 1.45 acres, more or less. TO HAVE AND TO HOLD said ere"! 1.ses to said grantets for _,.•. uses ant purposes hereinbefore described. Grantor covenants that no buildings or structures, other ....an fends, shall be erected on said easement. f 19 day o WI^:SSS our hands and seals on this .------- AC: NOWLEDG?OE:1T STATE OF ARKANSAS ) COU:1TY OF WASHINGTON ) a too to r•; ?;clic '•: i:`..=. and IT RE'�E'IBEF.ED that on this date, before me, personally appeared for said County and State, duly commissioned and acting, P`° me well .known as who executed the foregoing Right of Way Grant, and that the person(s)+per n mentioned and had executed the same for the consideration and purpose t- 'e= set forth. day of l�— t•iIT::ESS my hand and seal on this _ My Commission expires Notary Public 1 J 1Sty1/I41 wdg(i Tit 611 eU3 • it i 40 N ` 1r • O0 O 3 It h .fy ae • 60,6 S•gai+90l 1d Nis 1 3 -49A -MS- / i%C•ZO/ /8 �— a• Q� i S 10* • quarter and running thence South 154.00 feet, thence West to the East right of way line of U.S. Highway #71, thence Northwest following the East right of way line 165 feet to a point that is due West of the point of beginning, thence East 55.75 feet to the point of beginning, containing 0.10 acres, more or less. 4 TRACT NO. 71-U=46 (-CRS: • C .•. • ^.d KNOW ALL NEN BY ^:ESE That the undersigned grantor for the consideration of Cne Dollar ($ 1.00) and other good and valuable consideration to it in hand 'aid by the City of Fayetteville, Arancas, a municipal corporation, the grantee, a receipt of which is hereby acknowledged, does hereby ;rant, bargain, sell and convey to the'City of Fayetteville, Arkansas, a municipal corporation, and to all public utility companies (including cable television companies) providing utility service within the City of Fayetteville, the following described perpetual easement for the purpose of constructing, maintaining, repairing and replacing sublic utility lines (including cable television lines), to -wit: EASE'tE"T DESCRIPTION: A permanent easement of 10 feet of equal and uniform width off of th entire west side of the following described real estate and a temzorary construction easete of 40 feet of equal and uniform width off the entire west side of the following described real estate. P.uscand and :'.ire PROPERTY DESCRIPTION: A part of the Southwest quarter (SW1) of the Northeast quarter (NE/) of Section Twenty-one (21) in Township 16 North of Range 30 West, described as follows, to - Beginning at a point on the East line of U.S. Highway No. 71, which is 412.3 feet West and 154 feet South of the Northeast corner of said forty acre tract and running thence due Easr 208.3 feet, thence South 160 feet, thence West 196 feet or to the East line of U.S. Highway 71, thence in a Northwesterly direction with the East line of said Highway to the point of beginning, containing 3/4 of an acre, more or less, situate in the City of Fayetteville, Arkansas. ALSO A part of the Southwest quarter (SWC) of the Northeast quarter (NE=) of Section Twenty-one (21) in Township Sixteen (16) North of Range Thirty (30) West, in the County and State aforesaid, more particularly described as follows: Beginning at the North- east corner of the Southwest quarter of the Northeast quarter and running thence South 175.22 thence North 87 degrees 06 minutes West 204.26 feet, thence North 11.65 feet, themce ;lest 206.52 feet, thence North 154.00 feet, thence East 410.52 feet to the point of beginning, containing 1.53 acres, more or less. ALSO A part of the Southwest Quarter (Sah) of the Norzb east Quarter (NE1) more particularly described as follows: beginning at a point that is 410.52 feet West of the Northeast corner of the Southwest quarter of the Northeast (OVER) ises to said antes for the uses and TO HAVE AND TO HOLD said - _... _ purposes hereinbefore des Grantor covenants that no buildings or structures, other than fences, shall be erected on said easement. WIT:ESS our hands and seals on this day of , 19 • AG:._:O::L'CC`:.':T STnTZ OF ARKANSAS ) COC::T'l OF Wt3UItGTON ) BE IT RL"="BE''TD that on this date, before_ me, a Notary 'ublic within and for said Ccunty and State, duly cccmissianed and acting, perco:ally appeared , to me wiall knawn as the person(s) who executed tne foregoing Ra,.nt of 'Ray Grant, and that hi2 had oxecutcd the same for tcons_d_ration and pur;rose therein men"•`..` .. and set forth.19 WITNESS my hand andscal on this day of 1I. Ce -mission expires • • 1SN1 A to eh„ ca 31S' s'9'7 - 90/ 1d _ q;e ' 45-4 a4•11/15- I "02o/ 78 C a s; ii,o* ��� Tract No. 71-0-48 Owners: John F. Ashburn and Lee Ashburn, Husband and Wife •c • EASEMENT• KNOW ALL MEN BY THESE PRESENTS: That the undersigned grantor for the consideration of One Dollar ($ 1.00) and other good and valuable consideration to it in hand paid by the City of Fayetteville, Arkansas, a municipal corporation, the grantee, a receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the -City of Fayetteville, Arkansas. a municipal corporation, and to all public utility companies (including cable television companies) providing utility service within the City of Fayetteville, the following described perpetual easement for the purpose of constructing, maintaining, repairing and replacing public utility lines (including cable television lines), to -wit: EASEMENT DESCRIPTION: A permanent easement of 10 feet of equal and uniform width off of the entire west side of the following described real estate.. PROPERTY DESCRIPTION: Lot 10 and 10 feet of equal and uniform width off of the North side of d Lot 9 and 10 feet of equal and uniform width off of the south side of Lot 11 all in Block 6 of the revised plat of Blocks 5 and 6 in Ferguson's Addition to City of Fayetteville, as sho Lin the record book at page 142 thereof, save and except any part thereof taken up with U.S. Highway 71 from and since the 4thday of April, 1930..ALSO part of Lot 11 in Block 6 in Ferguson's Addition to the City of Fayetteville, Arkansas as the same is known and designate upon the recorded plat of said Addition and more particularly described as followsi Beginni at a point which is 25 feet East of the Northwest Corner of said Lot, running thence East 119 feet to or to the East line of said Lot 11 thence South 40 feet; thence West 119 feet; `,thence North 40 feet to the point of beginning, as per plat of said Addition on file in the 'office of Circuit Clerk of Washington County, Arkansas. v • TO HAVE AND TO HOLD said premises to said grantees for the uses and purposes hereinbefore described. Grantor covenants that no buildings or structures, other than fences, shall be erected on said easement. WITNESS our hands and seals on this day of , 19 ACKNOWLEDG.SENT STATE OF ARKANSAS ) . COUNTY OF WASHINGTON BE IT RE'^,E'•1BERED that on this date, before me, a Notary Public appeared for said County and State, duly commissioned and acting, pepryson liy 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. dayof 19_ WITNESS my hand and seal on this My Commission expires Notary Public 1 • t 1 1 ,.s. ., fia, • .os 1 1 • /515 -mo, s -/#0/1 id 1 Tract No. 71 - Owners: zX X Arnil 4arthnlnmaw_ EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned grantor for the consideration of One Dollar ($ 1.00) and other good and valuable consideration to it in hand paid by the City of Fayetteville, Arkansas, a municipal corporation, the grantee, a receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the City of Fayetteville, Arkansas, a municipal corporation, and to all public utility companies (including cable television companies) providing utility service within the City of Fayetteville, the following described perpetual easement for the purpose of constructing, maintaining, repairing and replacing public utility lines (including cable television lines), to -wit: EASEMENT DESCRIPTION: A permanent easement of 10feet of equal and uniform width off the entire east side of the following described real estate and a temporary construction easement of 40 feet of equal and uniform width off the entire east side of the following described real estate. PROPERTY DESCRIPTION: Lots 5, 6, 7, and 8 of Block 17 of Ferguson's Addition to the City of Fayetteville, Arkansas, as per plat of said Addition on file in the office of the Circuit Clerk of Washington County, Arkansas. TO HAVE AND TO HOLD said premises to said grantees for the uses and purposes hereinbefore described. Grantor covenants that no buildings or structures, other than fences, shall be erected on said easement. WITNESS our hands and seals on this day of , 19 ACKNOWLEDG.ENT STATE OF ARKANSAS COUNTY OF WASHINGTON ) BE IT REMEMBERED that for said County and State, the had set person(s) who executed the same forth. WITNESS my hand and seal on this executed for on this date, before me, a Notary Public within and duly commissioned and acting, personally appeared , to me well known as the foregoing Right of Way Grant, and that the consideration and purpose therein mentioned and My Commission expires day of , 19 • Notary Public !-..1?; Tract No.. 71-U -61 • • • • • Owner: Robert L. Selle and Patti A. Se)( EASEMENT Husband and Wife KNOW ALL MEN BY THESE PRESENTS: That the undersigned grantor for the consideration of One Dollar } ($ 1.00) and other good and valuable consideration to it in hand paid by the City of Fayetteville, Arkansas, a municipal corporation, the grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the City Of Fayetteville, Arkansas, a municipal corporation, and to all public utility companies (including 'cable television companies) providing utility service within.the_City of Fayetteville, a perpetual easement for the purpose of constructing, maintaining, repairing and replacing a public street and public utility lines (including cable television lines), to -wit: permanent easement of 10 feet of equal and uniform width off of the following described real estate and a temporary construction easement uniform width off the entire west side of the following described --EASEMENT DESCRIPTION: A `:+.entire west side of the ='of 25 feet of equal and ?:real estate. PROPERTY DESCRIPTION: Lot9 of Block 8, Ferguson's Addition to the City of Fayetteville. TO HAVE AND TO HOLD said premises to said grantees for the uses and purposes hereinbefore described. WITNESS our hands and seals on this day of , 19 , ACKNOWLEDGMENT 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, wellknownthe appeared to 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. dayof 19_ WITNESS my hand and seal on this ' Notary Public My commission expires • • Tract No. 71-U-62 • Owners: E A S • K1=4 ALL MEN BY THESE PRESE.,TS: 1 That the undersigned grantor for the consideration of One Collar ($ 1.00) and other good and valuable consideration to it in hand :aid by the City of Fayetteville, Arkansas, a municipal corporation, �hn grantee, a receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the City of Fayetteville, Arkansas, a municipal corporation, and to all publit utility companies (including cable television companies) providing utility service within the City of Fayetteville, the following described perpetual easement for purpose of constructing, maintaining, repairing and replacing public utility lines (including cable television lines), to -wit: PROPERTY DESCRIPTION: Lot 10, Block 8, Ferguson's Addition. EASEMENT DESCRIPTION:'A permanent easement of 10 feet of equal and uniform width off the entire west side of the above-described property, and a tem- porary construction easement of 30 feet of :equal and uniform width off the entire west side of the above --described property. • F • TO HAVE AND TO HOLD said premises to said grantees for the uses and. purposes hereinbefore described. Grantor covenants that no buildings or structures, other than fences, shall be erected on said easement. WIT:ISS our hands and seals on this day of , 19 /0 AC C:Or. .. :.ENT STATE OF AP ANSAS ) COUNTY OF WASHINGTON ) BE IT RE' '^BERED 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 kno•.:n 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. WIT::ESS my hand and seal on this,day of 19 :;y Commission expires Notary Public