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Home My WebLink About110-83 RESOLUTION• • 10, r' . • RESOLUTION NO. 110-83 A RESOLUTION AUTHORIZING THE RETURN OF A WATER SERVICE AREA TO THE MT. OLIVE WATER ASSOCIATION. BE IT RESOLVED BY THEr BOARD OF DIRECTORStOF THE' CIT.; OF, FAYETTEVILLE, ARKANSAS: That the Board of Directors hereby authorizes the return of the water service area described in the agreement,attached hereto, marked Exhibit "A" and made a part hereof to the Mt. Olive Water Association. PASSED AND APPROVED this 20th day of September , 1983. M. `:) ; • . S :n •' By: I Vl C City Cle . APPROVED: By: ate) Mayor • • 6.04 WATER SERVICE AREA RELEASE ACRE KNOW ALL MEN BY THESE PRESENTS: That Whereas the owners of the following described proter_ies desire public water service to these properties; Lot 1 of Black Oak Addition, according the plat of said additicn recorded in the office of the Circuit Clerk in Washington County, And Also the Part of the Northeast Quarter (NE') of the Northeast Quarter (NE;) of Section Two (2) in Township Fifteen (15) North of Range Thirty (30) Rest, being more particularly described as follows, to -wit: Beginning at the Northeast corner of said North- east Quarter (NE:) of the Northeast Quarter (NES) and running thence South 00 degrees 41 minutes.37-seconds West 476.3 feet, to the North Right of Way of a new existing road; thence along and with said North road Right of Way North 71 degrees 38 minutes West 39.97 feet, North 73 decrees 27 minutes [vest 215.0 feet, North 67 decrees 38 minutes West 75.0 feet, North 70 decrees 13- minutes West 90.0 feet, North 72 degrees 05 minutes West 90.0 feet, North 75 decrees 04 minutes West 80.0 feet, North 78 degrees 32 minutes West 75.0. feet, North 87 decrees 14 minutes West 65.0 feet, South - 86 degrees 00 minutes West 70.0 feet, South 80 degrees 42 minutes West 204.22 feet, to the centerline of an existing old road• thence along said old road centerline North 02 decrees 01 minutes West 149.12 feet, North 25 decrees 08 minutes East 109.5 feet, North 19 degrees 50 minutes East 71.05 feet, to the North line of said forty acre tract; thence East 911.0 feet, to the point of beginning, containing 7.68 acres, more or less. And Also Part of the Northeast Quarter (NE1) of the No Quarter (NEa) of Section Two (2) in Township Fifteeh of Range Thirty (30) West, being more particularly des follows, to -wit: Beginning at a point on t - e South Ri of an existing road, said point being South00 degrees 37 seconds West 538.7 feet from the Northeast corner o Section Two (2) and running thence South 00 degrees 41 37 seconds West 771.74 feet to the Southeast corner of acre tract; thence West 430.0 feet; thence North 00 de minutes 37 seconds East 913.23 feet to the South Right an existing road; thence with the South Right of Way o existing road, South 72 decrees 05 minutes East 31.61 70 degrees 13 minutes East 90.0 feet, South 57 decrees East 75.0 feet, South 73 degrees 27 minutes East 215.0 71 degrees 38 r„in•.ites East 39.79 feet, to the point of containing 8.62 acres, more or less. rtheast 15)North gree"seed as' __- of Way 41 minutes f said minutes said forty c_reees 41 of Wave of f said' feet, South 33 minutes feet, South beginning, And Also ?art of the North Half (N1/2) of, the Northwest Quarter (NW;) of Section 1, Township 13 North, Range 30 West, and being more particularly described as follows, to -wit: Beginning at the North West corner of said 80 acre tract, an running thence South 89°14'42" East ,S288.28 feet; thence South 27 22'11" e 22'11" East650 feet; thence South 89 00'11" East 505360 feet to the centerline of the Black Oak Road; thenceee South 32 ,4'30" East along said centerline 303.53 feet; thence South 44°46'42" East along said cent=reline 688.69 feet; thence leaving said centerline and running North 89°00'08" West 800 feet: thence North 89"2615" West 1304.69 feet to a concrete monument; thence North 0°41'37" East 1307.57 feet to the point o_ beginning, containing 39.61 acres, more or less. Subject, however, to the richt c: way of Black Oak Road over the East side thereof. EXHIBIT A 6.05 'And Whereas said properties lieith in the '....c. __ .ice :re a c'. the .Mount Olive Water Association; And Whereas the Mount Olive water Association docs not have a water main to serve the subject properties at this time nor = -car future; .. And Whereas it is the will of the Mount Olive Fater Association and City of Fayetteville to provide a safe, public '.ater supply to as many area residents as they reasonably can; Therefore this release agreement is made and entered into this day by and between the Mount Olive Water Association and the Cit_: of Fayetteville, Arkansas, a municipal Corporation, their successors and assigns; And That by this agreement the Mount Olive Water Association does release the hereinbefore described lands from its water service area. to the City of Fayetteville and the City's Water Service Area. City of Fayetteville agrees to provide all maintenance and operation responsibilities and shall collect and own all revenues from said lands as long as said lands remain in the Fayetteville Wal -=i- Se_.___ Area, 'Provided, However. That this release is temporary during he years immediately following the date of this acreemer:t,=_nd that the hereinbefore described lands, the _e_s?c...sibii_ty for maintenance and operation of the water mains serving said lands, and the collection and ownership of revenues from water service to said lends shall - vert to the Mount Olive Water =sso'' if, wt`'t said five year period, the Mount Olive Water Association actually connects the water mains serving the subject lands to a main portion of the Mount Olive Water System. Provided further, that if the subject mains are not col-ected to a main portion of the. Mount Olive system within a teriod of fire years from the date of this agreement, then the subject lands shall become a permanent addition to the city of Fayetteville water service area and this release shall be final and complete. This release agreement,when executed, const' -'•'=s the sole acree- ce.=.t between the parties hereto, any ar.y variations, additions, or chances hereto must be made by mutual co -.sent of the parties and must • be reduced to ment. 6.06 writing in the orm of Witness our hands and seals on this MT. OLIVE h� WATER -ASSpC IATION: Robert B. Curlee, Chair=an Charles Brink, Secretary -Treasurer ndurs or r. ns to day o CITY OF t. ACf:NOWLED ',c -`.T STATE OF ARKANSAS COUNTY OF WASHINGTON Be it remembered, that on this David R. Y,aione, Y.avo_ ‘7/6— YRILLLOck .nc_ _ R. ..edlock, Cfi Cler day, before the undersigned, a Notary Public in and for the county aforesaid, duly commissioned and acting, came a �J to me well known, and state2 that _:-ev, -.evinc =roper so, had executed this instrument for the conside therein set forth. Witness my hand and seal this /C IA. My Commission expires: do_ 73- J - a_ do c t -_on and r :roses -Ake-. /V /.12-:-.:I- [Cog=_- .. ACKNOWLEDGE:ENT STATE OF ARKANSAS COUNTY OF WASHINGTON Be it remembered, that on this day, be Public innd for e-Mco�unty aforesaid came CYavid_ / r reliouLc2At ( to me well known, and stated that they so, had executed this instrument for t they=_in set forth. Witness my hand and seal this /6 My Commission expires: 19 i9 fore the undersigned, a Notary d• d 1y commis oWnedi �and acting, n XkjLICk • having proper authority to do he consideration and purposes ay of 1979. %77"). • 1058 _ rAYE?'TEVI U.E WA1'EIcLINE o 0 co EXIST. 5g PLANNING AREA souktny. :600E MA51EIt ME tIt 35 36 2400 E 3400 E 14. \- --EC sr. 411 oN CITY LINE 0 f a 0 0 0 4 i' int.e.A to W. geLener) 0 0N f 0 8 N f Mt oUVE WAi'F.ICLIN5 2 1 12 0 0