HomeMy WebLinkAbout21-82 RESOLUTIONRESOLUTION NO. &FLU -
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE PERMANENT AND TEMPORARY CONSTRUCTION
EASEMENTS FOR THE CONSTRUCTION OF A BOX CULVERT
ALONG NORTH STREET WEST OF THE RAILROAD TRACKS.
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 permanent and temporary construction
easements for the construction of a box culvert along North
Street west of the railroad tracks. A copy of the easements
authorized for execution hereby are attached hereto, marked
Exhibits "A", TTB", and "C", and made a part hereof.
PASSED AND APPROVED this day of
1982.
APPROVED:
MAYamt
OR
ATTEST:
•
EASEMENT DEED
J TRACi•NO. 1
M-5089 (4)
KNOW ALL MEN BY THESE PRESENTS:
THAT City:gf:Fay tteville, A lunicipal Corporation
for and in consideration of One Hundred Dollars
Dollars, ($'100.00 ), and other valuable considerations.
cash in hand paid, the receipt of which is hereby acknowledged, does hereby grant, bargain.
sell and convey and warrant to the City of Fayetteville , Arkansas, its successors
and assigns forever an exclusive right of way and easement for highway purposes on
North Street ,Job No. Z-142-3 , across, through and over the
following lands situated in the County of Washington , State of'Arkansas:
LEGAL DESCRIPTION
Part of the Northeast Quarter of the Southwest Quarter of Section 9, Township 16 North,
Range 30 West, Washington County, Arkansas, more particularly described as follows:
Starting at the Northeast Corner of the Northeast Quarter of the Southwest Quarter of
Section 9; thence North 89°44' West along the North line thereof a distance of 698.5 feet
to a point on the existing Westerly Railroad right of way line of the St. Louis and San
Francisco Railroad; thence in a Southwesterly direction on a curve left having a radius
of 3587.75 feet a distance of 30.0 feet to a point on the existing Southerly right of way
line of North Street; thence North 89°44' West along said existing right of way line a
distance of 108.0 feet to a point for the point of beginning; thence South 14°52' East a
distance of 54.6 feet to a point on the proposed Southerly right of way line of said
North Street; thence North 89°49' West along said proposed right of way line a distance of
24.3 feet to a point; thence North 20°32' West along said proposed right of way line a
distance of 39.5 feet to a point on the existing Southerly right of way line of said North
Street; thence South 89°49' East along said existing right of way line a distance of 8.0
feet to a point; thence North 00°11' East along said existing right of way line a distance
of 15.7 feet to a point; thence South 89°44' East along said existing right of way line
a distance of 16.1 feet to the point of beginning and containing 0.03 Acre, more or less.
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6/3/81
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to±sther with the rights, easements and privileges in or to said landslfi'a'y
required for the full enjoyment of the right herein granted zmr�,h:< •• 0
7:3>
A'kars
TO HAVE AND TO HOLD the same unto the said City of Fayetteville
and to its successors and assigns forever.
AND hereby covenant with the said City of Fayetteville
Arkansas that will forever warrant and defend the title to said lands and
property against the lawful claims of any and all persons whomsoever.
19 ITNESS hand and seal on this
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CORPORATE ACKNOWLEDGMENT
STATE OF ARKANSAS )
) SS:
COUNTY OF WASHINGTON )
BE IT REMEMBERED, that on this day before the undersigned, a Notary Public
within and for the County aforesaid, duly commissioned and acting, Paul R. Noland
and Sherry Rowe, to me well known, who stated that they were the Mayor and
City Clerk of the City of Fayetteville,
a municipal corporation, and were
duly authorized in their respective capacities to execute the foregoing
instrument for and in the name and behalf of said municipal corporation, and
further stated that they had executed the same for consideration and purposes
therein mentioned and set forth.
WITNESS my hand and Seal as such Notary Public on this f day of
1982.
My,.cofimiSsion expires:
•
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NOTARY PUBL C
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JOB 6.11CAN. 7-142-3
TEMPORARYCiVIN
CONSTRUCTION EASE 1 • A, - Ot
KNOW ALL MEN BY THESE PRESENTS: _ — _ —//yC /.•. yG
THAT City of Fayetteville, a runicipal Corporatidi <�1GyT �
for and in consideration of One Dollar `4'v''QQ''t
( $1.00 ), and other valuable considerations, to us cash in hand paid by the
City of Fayetteville , Arkansas, the receipt of which is hereby acknowledged does
hereby give and grant to the City of. Fayetteville , Arkansas, its successors and
assigns an exclusive temporary right of way and temporary easement for the sole purposes
necessary for Highway Construction, Job No. Z-142-3 together with free ingress
and egress, to, across, through and over the following !arias situated in the County of
Washington , State of Arkansas:
LEGAL DESCRIPTION
Part of the Northeast Quarter of the Southwest Quarter of Section 9, Township 16
North, Range 30 West, Washington County, Arkansas, more particularly described as
follows:
Beginning at a point which is 65.0 feet right of and perpendicular to Centerline Station
34+00.0 North Street; thence North 70°09' West a distance of 74.3 feet to a point on the
existing Southerly right of way line of North Street; thence South 89°49' East along said
existing right of way line a distance of 142.0 feet to a point on the proposed Southerly
Right of way line of said North Street; thence South 20°32' East along said proposed right
of way line a distance of 26.7 feet to a point; thence North 89°49' West -a distance of
81.5 feet to the point of beginning and containing 0.06 Acre, more or less.
E
FR/sfb
6/3/81
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 Job No. Z-142-3
has been completed by the contractor and accepted by the City of Fayetteville
Arkansas.
TO HAVE AND TO HOLD the same unto the said City of Fayetteville , Arkansas, and
to its successors and assigns for and during the term aforesaid and for the purposes
hereinabove set forth.
WITNESS hand on this 1176/dayof ,4
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OF
; COUNTY DF
ACKNOWLEDGEMENT
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BE IT REMEMBERED, that . `his day came before the undersigned, a Notary Pu
within and for the County aforesai , .uly commissioned and acting,
his wife, to known as the
and
Grantors in the foregoing instrument, and sta _ hat they
consideration and purposes therein mentioned and se
WITNESS my hard and Seal as such No .. ublic on this
•
19
•
MY COMMISSION RES:
,..
•
executed the same for the
day of
NOTARY PUBLIC
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CORPORATE ACKNOWLEDGMENT
STATE OF ARKANSAS )
) SS:
COUNTY OF WASHINGTON )
BE IT REMEMBERED, that on this day before the undersigned., a Notary Public
within and for the County aforesaid, duly commissioned and acting, Paul R. Noland
and Sherry Rowe, to me well known, who stated that they were the Mayor and
City Clerk of the City of Fayetteville, a municipal corporation, and were
duly authorized in their respective capacities to execute the foregoing
instrument for and in the name and behalf of said municipal corporation, and
further stated that they had executed the same for consideration and purposes
therein mentioned and set forth.
.WITNESS my hand and Seal as such Notary Public on this a2? ▪ - day of
,commission expires:
1 9
1982.
b
NOTARY PUBLIC
/65?- /2S
FAYETTEVILLE, ARKANSAS
CITY ENGINEER'S OFFICE
P.O. DRAWER F
•
Mr. David McWethy
Administrative Assistant
Fayetteville; AR 72701
Dear David:
72701 (501)521.7700
January 26, 1982
The City of Fayetteville and the Arkansas State Highway Department
have plans to enlarge and rebuild the culverts over Skull Creek on West
North Street where, on the south side, we have a sewer lift station.
In order to straighten the creek and construct the culvert it will
be necessary to execute a permanent easement of 0.03 of an acre next to
the creek and a temporary construction easement of 0.06 of an acre. Two
copies of eachVco`ntained in this file. Also find in the file a copy of
the plan for the construction of the culvert.
The State Highway Department has this listed on their records as the
Fayetteville Sewer Improvement District # 1. In their research they did
not find where on January 19th, 1977, this district was desolved in favor
of City of Fayetteville, therefore we changed the Grantee of the easements
from Fayetteville Improvement District # 1 - to City of Fayetteville
(a copy of Quitclaim Deed on our last North Street Job is also in the file.)
We would appreciate you placing this item on the Agenda for the next
Board of Directors Meeting.
ENC/skb
Sincerely you s,
Ed N. Connell
Right of Way Agent
City of Fayetteville
7=142-3
TRACT NO. 49y5 1-.E"':(Th
T E M P. 0„ n R Y C O $ T R ti C U r A. J .i IJ`.•?' �/n I �•
KNOW P,LL_i+:EPI BY THESE PRESENTS:L; A, (.)
im
. y0
...a. THAT City of Fayetteville, a Mnicipal Corporation ✓% ('v ,. / �✓p
�r
for and in consideration of One Dollar 7 4h?i- ,
( $1.00 ), and other valuable considerations, to us cash in hand paid by the
City of Fayetteville , Arkansas, the receipt of wnich is hereby acknowledged does
hereby give and grant to the City of Fayetteville , Arkansas, its successors and
assigns an exclusive temporary right of way and temporary easement for the sole purposes
necessary for Highway Construction, Job No. Z-142-3 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
Part of the Northeast Quarter of the Southwest Quarter of Section 9, Township 16
North, Range 30 West, Washington County, Arkansas, more particularly described as
follows:
�P Beginning at a point which is 65.0 feet right of and perpendicular to Centerline Station
I' 34+00.0 North Street; thence North 70°09' West a distance of 74.3 feet to a point on the
existing Southerly right of way line of North Street; thence South 89°49' East along said
existing right of way line a distance of 142.O'feet to a point on the proposed Southerly
Right of way line of said North Street; thence South 20°32' East along said proposed right
of way line a distance of 26.7 feet to a point; thence North 89°49' West a distance of
81.5 feet to the point of beginning and containing 0.06 Acre, more or less.
R
FR/sfb
6/3/81
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 Job No. Z-142-3
has been completed by the contractor and accepted by the City of Fayetteville
Arkansas:
TO HAVE AND TO HOLD the same unto the said City of Fayetteville , Arkansas, and
to its successors and assigns for and during the term aforesaid and for the purposes
hereinabove set forth.
WITNESS hand on this
SEU.
COUNTY OF
day of ;A0;
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(SEAL)
ACKNOWLEDGEMENT
) SS
0
BE IT REMEMBERED, that this day came before the undersigned, a Notary P :Y1c,
within and for the County aforesa , duly commissioned and acting,
and his wife, to t.- ell known as the
Grantors in the foregoing instrument, and sta _ that thef •:li executed the same for the
consideration and purposes therein mentioned and s-0--. th.
19
WITNESS my hand and Seal as. such No
ublic on this day of
MY COMMISSION = •E
1058
NOTARY PUBLIC
•
•
STATE OF ARKANSAS
COUNTY OF WASHINGTON
CORPORATE ACKNOWLEDGMENT
SS:
•
BE IT REMEMBERED, that on this day before the undersigned, a Notary Public
within and for the County aforesaid, duly commissioned and acting, Paul R. Noland
and Sherry Rowe, to me well known, who stated that they were the Mayor and
City Clerk of the City of Fayetteville, a municipal corporation, and were
duly authorized in their respective capacities to execute the foregoing
instrument for and in the name and behalf of said municipal corporation, and
further stated that they .had executed the same for consideration and purposes
therein mentioned and set forth.
WITNESS my hand and Seal as such Notary Public on this a 14;11.
day of
, 1982.
• `; � ; A
3My,4omm4ssi.on expires:
•
•
•
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nam .,..1/0.57
NOTARY PUBLIC
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1053 125
ARKANSAS STATE HIGHWAY DEPARTMENT
LITTLE ROCK, ARKANSAS
VALUE FINDING APPRAISAL
PROJECT M-5089 (4)
•
R/W'482 Rev.
•
JOB Z-142-3 TRACT 1 & 1E
LOCATION North Street Culvert (Fayetteville)
OWNER Fayetteville Sewer
TENANT Owner Occupied
COUNTY Washington
Improvement District ADDRESS City of Fayetteville
111
ADDRESS
HIGHEST AND BEST USE Multi -family (except for ditch area & sewer pump station area which
are special purpose..)
AREA OF WHOLE AREA OF T.C.E. 0.06+ ac.
0.76 - + + ac. AREA OF REMAINDER 0.73 - ac. AREA OF ACQ. 0.03 ac.
(Legal Description Attached)
ESTIMATED VALUE OF TAKING & COST TO CURE ITEMS:
LAND 0.03 ± ACRES OR S.F. @
AREA OF T.C.E. 0.06 f ac.
IMPROVEMENTS 1.
2.
COST TO CURE ITEMS:
Nominal $ 100.00
-0-
$ -0-
TOTAL ESTIMATED VALUE AS OF 28th DAY OF September , 19 81
$ 100.00
LANG VALUE JUSTIFICATION A real estate sales market study was made and based upon this
study a nominal value is placed upon the acquisition which lies mainly in the ditch.
CONTACTED FOR APPRAISAL -INSPECTION & COMMENTS:
DATE September 28, 1981
NAME
COMMENTS
ATTACHMENTS:
The city of Fayetteville
was given this appraiser
x CERTIFICATE OF APPRAISER
x PLAT
x PHOTOGRAPHS
x BRIEF DESCRIPTION OF PROPERTY
('Whole and Acquisition)
x COMPARABLE SALES
tr
sewer department was contacted and Permission
to inspect the property.
Appraiser
Lawrence D. '.pree
November 2. 1981
Date
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EASEMENT DEED
KNOW ALL MEN BY THESE PRESENTS:
THAT C&y,gfi Fayetteville, P. Municipal Corporation
for and in consideration of One. Hundred Dollars
JUL/ MJ.
ITRACf NO. 1
• M-5089 4)
▪ 2—RIZ—
Dollars, ($ 100.00 ), and other valuable considerations.
cash in hand paid, the receipt of which is hereby acknowledged, does hereby grant,.. bargain
sell and convey and warrant to the City of Fayetteville , Arkansas, its successors
and assigns forever an exclusive right of way and easement for highway purposes on
North Street ,Job No. Z-142-3 across, through and over the
following lands situated in the County of Washington , State of Arkansas:
LEGAL DESCRIPTION
Part of the Northeast Quarter of the Southwest Quarter of Section 9, Township 16 North,
Range 30 West, Washington County, Arkansas, more particularly described as follows:
Starting at the Northeast Corner of the Northeast Quarter of the Southwest Quarter of
Section 9; thence North 89°44' West along the North line thereof a distance of 698.5 feet
to a point on the existing Westerly Railroad right of way line of the St. Louis and San
Francisco Railroad; thence in a Southwesterly direction on a curve left having a radius
of 3587.75 feet a distance of 30.0 feet to a point on the existing Southerly right of way
line of North Street; thence North 89°44' West along said existing right of way line a
distance of 108.0 feet to a point for the point of beginning; thence South 14°52' East a
distance of 54.6 feet to a point on the proposed Southerly right of way line of said
North Street; thence North 89°49' West along said proposed right of way line a distance of
24.3 feet to a point; thence North 20°32' West along said proposed right of way line a
distance of 39.5 feet to a point on the existing Southerly right of way line of said North
Street; thence South 89°49' East along said existing right of way line a distance of 8.0
feet to a point; thence North 00°11' East along said existing right of way line a distance
of 15.7 feet to a point; thence South 89°44' East along said existing right of way line
a distance of 16.1 feet to the point of beginning and containing 0.03 Acre, more or less.
FR/sfb
6/3/81
together with the rights, easements and privileges in or to said lands which may be
required for the full enjoyment of the right herein granted.
TO HAVE AND TO HOLD the same unto the said City of Fayetteville
and to its successors and assigns forever.
AND hereby covenant with the said City of Fayetteville ,
Arkansas that will forever warrant and defend the title to said lands and
property against the lawful claims of any and all persons whomsoever.
WITNESS hand and seal on this nc( day of .ktielA-o ,
19 .(' ,� �l , 0
1
, Arkansas
imie5s
�.
i u z_ (SEAL)
•
CORPORATE ACKNOWLEDGMENT
STATE OF ARKANSAS
) SS:
COUNTY OF WASHINGTON )
BE IT REMEMBERED, that on this day before the undersigned, a Notary Public
within and for the County aforesaid, duly commissioned and acting, Paul R. Noland
and Sherry Rowe, to me well known, who stated that they were the Mayor and
City Clerk of the City of Fayetteville, a municipal corporation, and were
duly authorized in their respective capacities to execute the foregoing
instrument for and in the name and behalf of said municipal corporation, and
further stated that they had executed the same for consideration and purposes
therein mentioned and set forth.
WITNESS my hand and Seal as such Notary Public on this day of
lAk
, 1982.
�.
w'y co\nmission expires:
sAT:_
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1058
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NOTARY PUBL UC