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HomeMy WebLinkAbout07-81 RESOLUTIONRESOLUTION NO. 7 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THREE EASEMENTS TO THE CITY OF ELKINS FOR THE CONSTRUCTION OF A SEWER LINE AND PUMP STATION. 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 three easements to the City of Elkins for the construction of a sewer line and a pump station. A copy of the easements authorized for execution hereby are attached hereto, marked Exhibits "A", "B" and "C" and made a part hereof. PASSED AND APPROVED this& 1981. e.> ATTilis T : :.a CSV CLERK e' r • day of�0„,u_guld..4,1 APPROVED: 74541 Y CFPTTFJCAT,EsQFF REW.Rib Stat;" off Arkansas; (( ,Citi*' of: Eayettevilie:• (( 11. Vii'iarr natter,. City, Clad.:. 91.1P11 I;x>Offk_ iP) recorder. ken-theaCity; ofil_syetteviJle,,do,hgrey. liy certify' that the: aunexecd or- foregoing:ipa 6f- record': iiv my, ©fE e= ami tike. s�t^rn^ q33,1- 1aL� m ihz Oidiibanc.e �7 Rtti 1�tiMPit '!lz,OR X/ t pang W}� hand end seal this - t.K of 9 City Clerk and Ex -Officio Recorder MICROFILMED 7 EASEMENT (PUMP STATION SITE) STATE OF ARKANSAS ) ss: COUNTY OF WASHINGTON) KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of One Dollar ($1.00) and other valuable consideration to the undersigned Grantor, City of Fayetteville, Arkansas, a municipal corporation, paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND CONVEY unto the City of Elkins, Arkansas, a municipal corporation, (herein styled Grantee), its successors and assigns, a perpetual easement to construct, install, remove, reinstall, enlarge and main- tain a below ground sewage pump station and related appurtenances to include an underground concrete wet well, manholes, gravity sewer lines, force mains, electrical cables, control cables and above ground appurtenances including pump station and wet well access hatches, electrical meter pole, electrical panel and mounting pole, protective fences, access drives, and appurtenances thereto, on, over, across and under the following real estate, to -wit: A part of the Southwest Quarter of the Southwest Quarter of Section 22 in Township 16 North, Range. 29 West of the 5th P.M. in Washington County, Arkansas, more particularly described as follows, to -wit: Begin- ning at a point on the North line of the Arkansas State Hwy. 16 right-of-way, said point being 520 feet West and 150 feet North of the Southeast corner of said 40 acre tract; thence North along an existing fence line 120 feet; thence West 30 feet; thence South 35 feet; thence West 65 feet; thence South 82 feet more or less to a point on the said Arkansas State Hwy. 16 right-of-way;°.thence in.a Southeasterly direction along said right-of-way line to the point of beginning, containing .22 acres more or less. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as said pump station and appurtenances thereto shall be maintained with ingress todand egress from the real estate first hereinabove described for the purpose of constructing, inspecting, maintaining and repairing said pump station and appurtenances of Grantee above-described, • • 4 -2- and the removal, renewal and in whole or in part. The consideration first enlargement of such at will, above recited as being paid to Grantor by Grantee is in full satisfaction hereby granted. of every right All covenants and agreements herein contained shall extend to and be legal representatives, hereto. it is hereby understood and agreed that securing this grant in behalf of the Grantee binding upon the respective heirs, successors and assigns of the parties authority to WITNESS 198/. idArc^. the party is without make any covenant or agreement not herein expressed. the execution hereof this 5 day of �j�iytLClYj(f/J7 ,, ,,;p EAT.TES:'s Vivi a-n:Koette(Lag i 'ty Clerk STATE OF ARKANSAS ) ss COUNTY OF WASHINGTON) On thisc Qdi day ofdA,•,x/1, , 198 7, before the undersigned, a Notary P `,b ic, duly�ommissioned, qualified and acting, within and for the said County and State, appeared in personthe within named John Todd and Vivian Koettel, to me personally known, who stated that they were the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and were duly authorized in their respective capacities to execute the foregoing Easement for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and +pu%poses therein mentioned and set forth. CITY OF FAYETTEVILLE, ARKANSAS, A Municip- Corporation By: Jo Mayor ACKNOWLEDGMENT *44 44 `4 • _ E 3 00 = 414 y Commission i ,` --Aft V C Expires: • tary Publi TRACT NO. RIGHT OF WAY GRANT STATE OF ARKANSAS„, ) COUNTY OF WASHINGTON) KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of One Dollar ($1.00) and other valuable considerations to the undersigned, City of Fayetteville, Arkansas, a municipal corporation, paid, the receipt of which is hereby acknowledged, the said Grantors do hereby GRANT, SELL AND CONVEY unto the City of Elkins, Arkansas, a municipal corporation (herein styled Grantee), its successors and assigns, the right of way -and easement to construct, lay, remove, relay, enlarge, maintain and operate and water and/or sewer pipe line or lines, () manholes, and appurtenances thereto, on, over, across, and under the following described real estate, to -wit: Legal Description: A part of the -West half of the Southeast Quarter, a part of the Northeast Quarter of the Southwest Quarter, and a part of the Southeast Quarter of the Northwest Quarter of Section 21, Township 16 North, Range 29 West, Washington County, Arkansas. Easement Description: A permanent utility easement 25 feet in width, the centerline of said easement being described as beginning at a point 300 feet South of the Northeast corner of the Southwest Quarter of the Southeast Quarter of Section 21; thence running N 58°00' W 610 feet; thence N 46°45' W 1360 feet; thence N 58°00' W 495 feet; thence N 69°15' W 465 feet; thence N 46°45W 165 feet; thence S 88°15' W 520 feet; thence N 88°15' W 280 feet to a terminating point; said point being 250 feet North of the Northwest corner of the Northeast Quarter of the Southwest Quarter of the above mentioned 160 acre tract. Also a temporary construction easement 35 feet in width, being parallel to and contiguous with the above described permanent utility easement and situated on the North side thereof. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes 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 Grantors are 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, Grantors do hereby bind themselves, their heirs and assigns, to warrant and defend the title to said right of way and easement unto the Grantee, its successors and assigns, against all claims. jaykiai • EMI - 2 MME The Grantors agree not to erect any building 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 permanent easement at any time in the future. The consideration first above recited as being paid to Grantors 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-,&tJ day of 19sL. refs -FATTEST �.5 (�,�Uir3/.lin ^'CSTY CLERK CITY OF FA TTEVILLE, ARKANSAS By: MAY''R • STATE OF ARKANSAS ) ss: ACKNOWLEDGMENT COUNTY OF WASHINGTON) On this Lday of /q,K,�a z , 198 / , before the undersigned, a Notary Public, dYily commissioned, qualified and acting, within and for the said County and State, appeared in person the within named John Todd and Vivian Koettel, to me personally known, who stated that they were the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and were duly authorized in their respective capacities to execute the foregoing Right of Way Grant for and in the name and behalf of said municipal corporation, and furtherstated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official. seal this e-,i(ptI day ofgjt , 198',/ ^MyThC�ommssion Expires: j>irt : r l tat ✓t "4 t' �Arj% _ t ff/, I�i' Ltr4 t i t • • RIGHT OF WAY GRANT STATE OF ARKANSAS ) COUNTY OF WASHINGTON) KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of One Dollar ($1.00) and other valuable considerations to the undersigned, City of Fayetteville, Fayetteville, Arkansas, paid, the receipt of which is hereby acknowledged, the said Grantors do hereby GRANT, SELL and CONVEY unto the City of Elkins, Arkansas, a municipal corporation (herein styled Grantee), its successors and assigns, the right of way and easement to construct, lay, remove, -relay, enlarge, maintain and operate a water and/or sewer pipe line or lines, manholes, and appurtenances thereto, on over, across, and under he following described real estate, to -wit: Property Description: A part of the Southwest Quarter of the Southwest Quarter of Section 22, and a of the Southeast Quarter of the Southeast Quarter of Section 21, Township 16 North, Range 29 West in Washington County, Arkansas. Easement Description: A permanent utility easement 25 feet in width, the centerline of said easement being described as beginning at a point 521..4 feet West and 220 feet North of the Southeast corner of the Southwest Quarter of the Southwest Quarter of said Section 22; running thence N74°00'W 1280 feet; thence S60"00'W 50 feet; thence running N58°00' W 550; thence N 15°00'W 50 feet; thence N58°00'W 50 feet to a terminating point, said point being 1020 feet West and 870 feet North of the Southeast corner of the Southeast Quarter of the Southeast Quarter of Section 21. Also a temporary construction easement 35 feet in width being parallel to and contiguous with the above described permanent utility easement and situated on the North side thereof. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes 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 descirbed, and the removal, renewal and enlargement of such at will, in whole or in part. The said Grantors are 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, Grantors do hereby bind themselves, their heirs and assigns, to warrant and defend the title to said right of way and easement unto the Grantee, its successors and assigns, against all claims. - 2 The Grantors agree 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 not have the right to;,construct additional pipe lines upon the above described permanent easement at any time in the future without the prior written consent of the Grantors. The consideration first above recited as being paid to Grantors is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon therrespective 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)4j,% day of Ap , 198 . ,ATTEST: Z STATE OF ARKANSAS ) ss: COUNTY OF WASHINGTON) CITY OF F ETTEVILLE, 'RKANSAS B ACKNOWLEDGMENT On thisc? j J day of , 1981 before the undersigned, a Notary Pub-ic, dull commissioned, qualified and acting, within and for the said County. and State, appeared in person the within named John Todd and Vivian,Koettel, to me personally known, who stated that they were the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and were duly authorized in their respective capacities to execute the foregoing Right of Way Grant for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal thiscOck day of 198_1. , E s- Az mg N.y.-.CComm's%s'ion Expires: al*ilat P1-414: 41 .. 4; S /1m42..rx/�c� Notary Pub c