HomeMy WebLinkAbout53-80 RESOLUTIONTi
RESOLUTION NO. S3 --j0
MatOFILMED
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INSTITUTE
EMINENT DOMAIN PROCEEDINGS TO CONDEMN EASEMENTS NECESSARY
FOR THE RELOCATION OF UTILITY LINES ALONG HIGHWAY 62
BETWEEN U.S, HIGHWAY 71 BY-PASS AND GARLAND AVENUE.
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 easements
necessary for the relocation of utility lines along Highway 62
between U.S. Highway 71 By -Pass and Garland Avenue. A copy
of the easements authorized for condemnation hereby are attached
hereto marked ExhibitsThk,2113" "C" and "6":' and made a part hereof.
PASSED AND APPROVED this I/ day of 1980.
ATTEST:
.,:x•k:64:1,;,,st'
it. fl!
el. -e.
1.tr.7r).±S,
APPROVED:
at' Fd -4t6
ASSISTANT MAYOR
CERTIFICATE OF RECORD
State of Arl:ansets
( en
City of •(
1, Bonnie. Goering. City Clerk and Ex -Officio
meanier for the City of Fayetteville, do here-
by certify that the annexed or foregoing is
of record ia my office and the same ap-
pears in Ordinance eit Resolution book
at pag Viitness my
hand and s 1 day of
a?‘
19 tr.
er
11
RESOLUTION NO. 53-jo
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INSTITUTE
EMINENT DOMAIN PROCEEDINGS TO CONDEMN EASEMENTS NECESSARY
FOR THE RELOCATION OF UTILITY LINES ALONG HIGHWAY 62
BETWEEN U.S. HIGHWAY 71 BY-PASS AND GARLAND AVENUE.
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 easements
necessary for the relocation of utility lines along Highway 62
between U.S. Highway 71 By -Pass and Garland Avenue. A copy
of the easements authorized for condemnation hereby are attached
hereto marked Exhibits "A" "B" "C" and "D" and made a part hereof.
ik
PASSED AND APPROVED this tnday of 1980.
ATTEST:
(seal).
APPROVED:
ASSISTANT MAYOR
qs.V77'
•
TRACT NO.
•
.STATE OF -ARKANSAS
COUNTY OF WASHINGTON
1
EXHIBIT "A"
RIGHT OF WAY GRANT
F
That for and in consideration of
KNOW ALL MEN BY THESE PRESENTS:
and other valuable considerations to the undersigned,
husband and wife
Thomas H. Ward and Dorothy Ward,
paid, the receipt of which is hereby acknowledged, the said Granior does hereby GRANT, SELL AND CONVEY 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:
A permanent easement across Lot 6 and the westerly 23 feet + of Lot 7, Lewis
Subdivision to the City of Fayetteville, a uniform width of 15 feet, along,
parallel with and contiguous with the northerly right of way line of Arkansas
State Highway 62 as now established.
Also a temporary construction easement not to exceed 15 feet •in width along
and parallel with 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 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 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 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 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 F
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.
My commission expires Notary Public
0 Eyll\bi + 'a'
IN THE CIRCUIT COURT OF WASHINGTON COUNTYJ ARKANSAS
FIRST DIVISION i:F.0 ET 2:57
CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation
• *
• .*TT
„L rf0
-
PLAINTIFF
Vs. NO. CIV 80-711
THOMAS H. WARD and DOROTHY WARD, DEFENDANTS
HUSBAND AND WIFE
CONSENT JUDGMENT
Now on this day this cause comes on for hearing on the
amount of compensation to be awarded to Thomas H. Ward and
Dorothy Ward, husband and wife, Defendants, for the taking of
the permanent easement designated in the Complaint and
Motion for Order of Possession as Tract Number I located in
Washington County, Arkansas, and being more particularly
described as set forth in Schedule "A" to this Consent
Judgment.
The Plaintiff being represented by its attorney, James
•
N. McCord, it was agreed on an amount of just compensation
for the permanent easement taken herein and described as
Tract Number 1, and said amount was paid Defendants by
Plaintiff.
The Court finds that Defendants, Thomas H. Ward and
Dorothy Ward, husband and wife, are the owners of the land
in which said permanent easement is taken and that title to
said permanent easement should be vested in Plaintiff as a
result of Plaintiff having paid Defendants an amount agreed
upon by the Defendants as just compensation.
The Court further finds that the Plaintiff has heretofore
deposited the sum of $4,727.00 into the registry of this
Court in this cause and the Circuit Clerk should be ordered
and directed to refund to the Plaintiff, City of Fayetteville,
Arkansas, the sum of $4,727.00.
•
•
•
IT IS, THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that
title to the permanent easement described in Schedule "A"
attached hereto and condemned
vested and confirmed in the
and the Clerk of this Court
to pay from the registry of
sum of $7,727.00 heretofore
this Court by Plaintiff.
DATED this027 day of
APPROVED :
-/
, C.-72t„_4
Bass Trumbo
Attorney for Defendants
Thomas H. Ward and Dorothy Ward,
husband and wife
/
C‘ (1/2272
herein be, and is hereby
City of Fayetteville., Arkansas,
is hereby ordered and directed
this Court to the Plaintiff the
deposited into the registry of
crose-
•
1980.
James N. McCord
€torney for Plaintiff
ity of Fayetteville, Arkansas
•
CI DGE
SCHEDULE 11
TO CONSENT JUDGMENT
Edsonftuit. ndscrlution: A ncrmanent eaumenl 0CL.n.lb Lot G and tthu
westerly 23 feel: 4- of Lot 7, Lewis Subdivision to the City
o f Fayetteville, a uniform .width of 15 feet, along, parallel
w ith and contiguous with the northerly right of way line
o f Arkansas State Highway 62 as now established.
Also a temporary construction easement not to exceed 15 feet
in width alono and parallel with the above described permanent
easement.
•
2
• TRACT NO. .....
STATE OF ARKANSAS
COUNTY OF WASHINGTON
EXHIBIT "B"
RIGHT OF WAY GRANT
FKNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of
and other valuable considerations to the undersigned.
husband and wife
Floyd E. Gabbard and Betty D. Gabbard,
paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND CONVEY 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:
A permanent easement across the westerly 83 feet of the easterly 133 feet of Lot 7,
Lewis Subdivision to the City of Fayetteville, a uniform width of 15 feet, -along,
parallel with and contiguous with the northerly right of way line of Arkansas
State Highway 62 as now established.
Also a temporary construction easement not to exceed 15 feet in width along
and parallel with 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, pan -
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 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 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 partics hereto.
h 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 }
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 mentioncd and set forth.
WITNESS my hand and seal on this day of 19 .
My commission expires ............................ Notary Public
JUN23 ?A 14: 135
q/IN THE CIRCUIT COURT OF WASHINAFaii:i4MROILAS
11:p7:7:;•
(
CITY OF FAYETTEVILLE, ARKANSAS, PLAINTIFF
A Municipal Corporation
NO.
ik.) -SO- 7/3
FLOYD E. GABBARD and BETTY D. DEFENDANTS
GABBARD, husband and wife
ORDER OF POSSESSION
Now on thisCX2e4ay of June, 1980, comes on to be
heard the Motion of Plaintiff, City of Fayetteville, Arkansas,
a municipal corporation, for an Order granting it the immediate
entry and possession of the real property set forth and
described in Plaintiff's Complaint at Law and Motion for
Order of Possession. From said Motion and other things and
matters before the Court, the Court finds:
1. That the lands described in Schedule "A" attached
to Plaintiff's Complaint and made a part thereof are needed
by the public for improvements to unsafe and inadequate
street conditions existing on U.S. Highway 62 between U.S.
Highway 71 By -Pass and Garland Avenue, and for the relocation
of sewer and/or water lines in connection with said improvements.
2. That the determination of the questions in controversy
in this proceeding is likely to retard the progress of said
street improvement project.
3. That a sum designated and approved by the Court as
estimated just compensation for the lands taken is now
deposited in the registry of this Court and under the terms
of the Arkansas -statutes, Plaintiff, City of Fayetteville,
.Arkansas, is entitled to have the right of immediate entry
and possession of the real property described in Schedule
"A" to Plaintiff's Complaint at Law.
IT IS, THEREFORE, BY THE COURT, CONSIDERED, ORDERED,
AND ADJUDGED that Plaintiff, City of Fayetteville, Arkansas,
a municipal corporation, shall have the right of immediate
, 067 PA6E329
entry onto and possession of the real property described in
Schedule "A" to Plaintiff's Complaint at Law for the purposes
set forth in Plaintiff's Complaint at Law and Motion for
Order of Possession, and Defendants are -hereby required and
directed to immediately surrender possession of said property
to the City of Fayetteville, Arkansas.
067 PAGE 330
=-EM.
•
11
TRACT NO.
STATE OF :ARKANSAS
COUNTY OF WASHINGTON
RIGHT OF WAY GRANT
KNOW ALL MEN BY THESE PRESENTS:
EA•hib;.4 "C "
That for and in consideration of
and other valuable considerations to the undersigned, Julian Archer, executor of the
Estate of Evangeline Pratt Archer
paid, the receipt of ‘vhich is hereby acknowledged, the said Grantor docs 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 casement 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 describec.treal estatelto-wit:
r
Property Description:
Part of the Northeast Quarter of the Southeast Quarter of Section 1G -gr"
North, Range 30 West. n
re,
Easement Description:
A permanent utility easement 25 feet in width, the centerline of sattA,trAeement :0
being described as beginning at a point which is located 652.0 feet4GT-01 rc;I
1303.2 feet West of the Southeast corner of aforementioned 40 acre et -.40; fren
N 24°20' W 112.47 feet to a point which is located 754.69 feet North anq;1 •3
feet West of the Southeast corner of aforementioned 40 acre tract; saidasemear
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.
shiP
—9
01 0
As a condition to the grant of the above described easement, Grantor, his successors
and assigns shall have the right to connect to any water or sewer lines placed in
said easement wttbout being required to pay a tap fee.
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 will, in whole or in part.
The said Grantor is to fully use and enjoy the said premises except for the purposes hercinbefore 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 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 easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
grantcd. 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 ay of , 19 8.0 .
lian rch r, Executor of the Estate
f Evangeline Pratt Archer
ACKNOWLEDGMENT
COUNTY OF WASHINGTON F
STATE OF ARKANSAS
BE IT REMEMBERED, that on this date, before me, a Notary Public within and for
Julian Archer, Executor of
coranillsioacd land, acting, personally appeared
m01022 720
of Evangeline Pratt Archer
• • ...
_known as the pers6n(s) who executed the foregoing Right of Way Grant and that
:f for: theryon'sidgation ind purpose therein mentioned and set forth.
%
wrypiEss:i*, haini and seal on this day of ..
my: tekmmission expires
said County and State, duly
the Estate
to me well
he
had. executed the same
a_
‘kra12- /1Vary
j980
•
ilm••••••
ExAshi-4
/IN TUE THE,CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS
• SECOND DIVISION
y
CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation
v. NO. CIV 80-714
PLAINTIFF
ROY E. LISTER and ADDIE LEE
LISTER, Husband and Wife DEFENDANTS
CONSENT JUDGMENT
Now on this day this cause comes on for hearing on the
amount of compensation to be awarded to Roy E. Lister and
Addie Lee Lister, husband and wife, Defendants, for the
taking of the permanent easement designated in the Complaint
•
and Motion for Order,of Possession as Tract Number I located
in Washington County, Arkansas, and being more particularly
described as set forth in Schedule "A" to this Consent
Judgment.
The Plaintiff being represented by its attorney, James
N. McCord, it was agreed on an amount of just compensation
for the permanent easement taken herein and described as
Tract Number 1, and said amount was paid Defendants by
Plaintiff.
The Court finds that Defendants, Roy E. Lister and
Addie Lee Lister, husband and wife, are the owners of the
land in which said permanent easement is taken and that
title to said permanent easement should be vested in Plaintiff
as a result of Plaintiff having paid Defendants an amount
agreed upon by the Defendants as just compensation.
The Court further finds that the Plaintiff has hcretofore
deposited the sum of $6,407.00 into the registry of this
Court in this cause and the Circuit Clerk should be ordered
and directed to refund to the Plaintiff, City of Fayetteville,
Arkansas, the sum of $6,407.00.
IT IS, THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that
title to the permanent easement described in Schedule "A"
•••
2
elm
attached hereto and condemned herein be, and is hereby
vested and confirmed in the City of Fayetteville, Arkansas,
and the Clerk of this Court is hereby ordered and directed
to pay from the registry of this Court to the Plaintiff the
sum of $6,407.00 heretofore deposited into the registry of
this Court by Plaintiff.
DATED this /5 day of
•
APPROVED AS TO -FORM:
, 1980.
Joh Everett
A -t. riC ney for Roy E. Lister et ux.
Detendants
DGE
SCHEDULE "A" TO CONSENT JUDGMENT
Owners and/or parties in interest: Roy E. Lister and Addie
Lee Lister, husband and wife, and First National Bank,
Fayetteville, Arkansas
Easement Description: A permanent easement across a part of
the NW 1/4 of the NW 1/4 of Section 20, Township 16 North,
Range 30 West, a uniform width of 15 feet, along, parallel
with and contiguous with the southerly right of way line of
Arkansas State Highway 62 as now established, beginning at
the east line of the NW 1/4 of the NW 1/4 and extending
southwesterly on said highway right. of way 140.5 feet.
Also a temporary construction easement not to exceed 15
feet in width along and parallel with the above described
permanent easement.
•