HomeMy WebLinkAbout31-80 RESOLUTIONf
RESOLUTION NO ..L -3/ =y6
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INSTITUTE
EMINENT DOMAIN PROCEEDINGS TO CONDEMN EASEMENTS NECESSARY
TO RELOCATE A SEWER LINE IN CONNECTION WITH IMPROVEMENTS
TO U.S. HIGHWAY 71 BY-PASS.
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 the sewer
line easements described in Exhibits "A-E" attached hereto
and made a part hereof in connection with improvements to
Highway 71 By -Pass.
PASSED AND APPROVED this /?/day of
ATTEST:
a f. .) LCA -
CIT CLERK
APPROVED:
1980.
MAYOR / r
MICRO1W to
6—
1i:\(:T Nt).
S L\ FE OF .IIZ!KANS4s,
COUNTY OF WASHINGTON
E
Iilat for and :n consideration of
KNOW ALI. NI EN (;p TI1ESE PRESENTS:
arul other valuable considerations to the undersigned, Claude R. antl ;Jorma Curry
p.tid, the tecript of cyhirh is hereby artmmsdcthetl, Ow said Grantor (lore hrieby GRANT. SELI, .l'.D (:(ll'1.)' rnn
the (]ilv of F.iv'ttrviilr, Ai kansa<, a municipal corp talion (hrmio styled (:i anus•), its n;rU^,sore and acsienc, the riehl
of w.tc and easement to construct, lay, lenitive, relay, ct11.u,Ge and nprrate a water :ind,ior sewer pipe line or limes,
m.tnhoirs, and appurtcu:ntees thereto, on, over, across, and under the following described real estate., to -wit:
Property Description:
Part of the Northeast Quarter of thc Southeast Quarter of Section 15, Township 16 North,
Range 30 'West.
liascntent Description:
A permanent utility casement 25 feet in width, the centerline of said easement being
described as beginning at a point which is located 6.62 feet South and 947.88 feet
Kest of the Southeast cornei of aforementioned 40 acre tract; thence N 270 51' h'
53.37 feet; thence N 31° 17' W 330.1 feet; to a point which is located 322.67 feet
North and 1144.22 feet (Vest of the Southeast corner of aforementioned 40 acre tract;
said casement being further described as parallel to and contiguous with thc
existing IIICY 71 By -Pass Right-of-way and located on the East side thereof.
Also a temporary construction easement 25 feet in width, being parallel to and
contiguous with the above described permanent easement and situated on the East
side thereof.
TO HAVE ANI) 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 filly 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 agrccs 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 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 easement.
The consideration first above recited as being paid to Grantor by Grantee is in hill satisfaction of every right hereby
granted. All co'enants 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.
1VITr\ESS the execution hereof this the.... day of .. , 19 ._
ACKNO\V LI's1C NIENT
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
Ivfy commission expires Notary Public
r
TRACT NO.
STATE OF AW<ANSAS
COL.\TI OF lt'ASIIINGTON
That (or and in consideration of
IGHT OF WAY GRA
KNOW ALL MEN BY THESE PRESENTS:
•
and other valuable considerations to the undersigned, IIowa rd J. and Barbara K Barnes
paid, the receipt of which is hereby acknowledged, the said Grantor dors hereby GR ANT, SELL ANI) COVEY unto
the City of Fayetteville, Arkansas, a municipal corporation (herein styled Grantee), its successors and assigns. the right
of tray 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:
Part of the Northwest Quarter of the Southeast Quarter of Section 18, Township 16 North,
Range 30 West.
Easement Description:
A permanent utility easement 25 feet in width, the centerline of said easement being
described as beginning at a point which is located 3.04 feet East and 557.97 feet
South of the Northeast corner of aforementioned 40 acre tract; thence N 240 20' W
158.59 feet to a point which is located 61.92 feet West and 414.30 South of the
Northeast corner of aforementioned 40 acre tract; said easement being further
described as parallel to and contiguous with the existing HWY 71 By -Pass Right-of-way
and located on the East side thereof.
Also a temporary construction easement 25 feet in width, being parallel to and
contiguous with the above described permanent easement and situated on the East
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 be constructed flush with the surface of the ground except in bottom lands where they
shall he 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.
Fite 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 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 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 the parties hereto.
It is hereby understood arid 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 l
COUNTY OF WASHINGTON r
DE IT REMEMBERED, that on this date, before mc, 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
for the consideration and purpose therein mentioned and set forth.
.. had executed the same
WITNESS my hand and seal on this day of ..._.... ....... , 19
My commission expires Notary Public
7'itLT NO.
STATE OF AR:K:ANSAS
COLA fl OF WAS!IIN'(:TON
IGHT OF WAY GRA .T
}KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of
and other valuable considerations to the. undersigned, Barbara, Barnes
•
paid, the receipt of which is hereby acknowledged, the said Grantor Anes hereby GRASP, SELL. ANI) COVEY unto
the City of Fayetteville, Arkansas, a municipal corporation (herein styled 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 lice or lines,
manholes, and appurtenances thereto, on, over, across, and under the following described real estate, to -wit:
Property Description:
Part of the Northeast Quarter of the Southeast Quarter of Section 18, Township 16 North,
Range 30 West.
Easement Description:
A permanent utility easement 25 feet in width, the centerline of said easement being
described as beginning at a point which is located 322.67 feet North and 1144.22 feet
West of Uic Southeast corner of aforementioned 40 acre tract; thence N 31° 17' W 71.52
feet; thence N 24° 20' W 294.78 feet to a point which is located 652.00 feet North
and 1303.2 feet West of the Southeast corner of aforementioned 40 acre tract; said
easement being further described as parallel to and contiguous with the existing
IivY 71 By -Pass Right-of-way and located on the East side thereof.
Also a temporary construction easement 25 feet in width, being parallel to and
contiguous with the above described permanent easement and situated on the East 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 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 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 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 the parties hereto.
It is hereby understood and agreed that the party securing this grant in behalf of the Cruttce 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 l
COUNTY OF WASHINGTON r
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 . Notary Public
ail vi rift) V((h.
•
S i VI E OF .',
COC:: -y OF 'd',\'Sll•lN.GTON
1
fiat for and in consideration of
KNt)1\' :\LI. NtEN BY TI IE FR ES ENL
and miser c:tluahle considerations to the undersigned. Catherine A. Bat -nos
tl:r mn•ipt of which is hinny acknowledged. the soil (;rancor doer hereby GR.\\l, SELL .\ NI) l:f)\'R\'
the tilts. of rosettes tile, Ai iinncas, a municipal commotion (bruin sts led roomer), its snrrrssors and assigns, the right
of and rav'nient 10 eunstI MCI, fat• r�•nhove, !silty, rnl:uge :utd oprratr a water and for sewer pipe. line ur lines,
and appuuenances thereto, on, over, across, and under the following dcsetdied real estate, to.wit:
I'roncrty Description:
Part of the Southeast Quarter of the Southeast Quarter of Section 18, Township 16 North,
Rane 30 West.
Easement Description:
:\ permanent utility easement 25 feet in width, the centerline of said easement
being described as heginning at a point which is located 661.78 feet South and 624.07
feet West of the Northeast corner of aforementioned 40 acre tract; thence N 230 51' W
285.59 feet; thence N 270 51' W 77.08 feet to a point which is located 334.44 feet
South and 774.67 feet West of the Northeast Corner of aforementioned 40 acre tract;
said casement being further described as parallel to and contiguous with the existing
Ilii\' 71 By -Pass Right-of-way and located on the East side thereof.
Also a temporary construction easement 25 feet in width, being parallel to and
contiguous with the above described permanent easement and situated on the East
side thereof.
TO li:\VE 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
Gramee, 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 Grantcc; 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 Grantcc 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 Grantcc 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.
WITiNESS the execution hereof, this the .......... .... clay of . 19
•
ACKNOWLEDGMENT
STATE OF ARKANSAS l _
COUNTY OF WASHINGTON
BE IT REMI,MBERED, that on this date, before mc, 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
for the consideration and purpose therein mentioned and set forth.
WITNESS my hand and seal on this day of , 19..
. . had executed the same
My commission expires Notary Public
I.\'IE Or .\ItR \NS.\S
COCCI -F OF tti'.\SHINGTON
That for ami in consideration of
LI 1 r, ,^1 t l'J fi r1
Fr KNOW ALL MI'.N I:Y THESE PRESENTS: -
and other valuable considerations to the undersigned,
Maurice R . artd ?lauds It. Karnes
paid. tln7 trcript of syhich is hrrnk acknowledged, the said GiantnrIke` betel/I: GRANT, SEI.I. .\Ni) COVE\' 1;11l0
lin' (:it%' of F.tveur%iilr, Ar Lukas. a multi(ipal corporation (herein stlled Ci:uitrc), its successors and assigns, the right
of %way curl ra.rmrnt to COfSIrtiet, lay, rrnun-e, tcl.ty, enlarge and operate a %rarer amt/or se% er pipe line ur lines,
menhrdrs, and apputtcnances thereto, on, over, across. tout under the folloscing described real estate, to -wit:
Prone rty Description:
Part of the Southeast Quarter of the Southeast Quarter of Section 18, 'Township 16 North,
Range 30 West..
Easement Description:
A permanent utility casement 25 feet in width, the centerline of said easement being
described as beginning at a point which is located 334.44 feet South 774.67 feet West
of Northeast corner of aforementioned 40 acre tract, thence N 270 51' IV 370.77 feet
to a point that is located 6.62 feet South and 947.SS feet West of the Northeast
corner of aforementioned 40 acre tract; said easement being further described as
parallel to and contiguous with the existing HWY 71 lay -Pass Right-of-way and located
on the East side thereof.
Also a temporary construction easement 25 feet in width, being parallel to and
contiguous with the above described permanent easement and situated on the East
side thereof.
TO IIAVE 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
Gram ee, %chick 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 he 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 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 Gnuttee is without authority
to stake any covenant or agreement not herein expressed.
WITNESS the execution hereof this the .
•
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, personally appeared ...................................... _. , to me well
known as the person(s) who executed the foregoing Right of Way Grant, and that
for the consideration and purpose therein mentioned and set forth.
had executed the same
WITNESS my hand and seal on this day of . 19 - .
My commission expires Notary Public