HomeMy WebLinkAbout93-84 RESOLUTIONRESOLUTION NO. 93-84
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A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INSTITUTE EMINENT
DOMAIN PROCEEDINGS TO CONDEMN A 25 FOOT EASEMENT ACROSS PROPERTY
OWNED BY ROSA LEE HENRY AND CLARA HOLT BURNAM FOR THE ACQUISITION
OF A WATER LINE ALONG STARR DRIVE.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
That the City Attorney is hereby authorized to institute eminent
domain proceedings to condemn a 25 foot easement across property owned
by Rosa Lee Henry and Clara Holt Burnam for the construction of a
water line along Starr Drive. The legal descriptions of the easements
authorized for condemnation hereby are attached hereto marked Exhibits
"A" and "B" and made a part hereof.
PASSED AND APPROVED this 21st day of August , 1984.
APPROVED:
J
By: m14:6&eQ1PothidY
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TRACT NO.
S'L'ATE OF ARKANSAS
COUNTY OF WASHINGTON
RIGHT OF WAY GRANT..
FKNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of
and other valuable considerations to the undersigned,
Rosa Henry
p;iid, the receipt of which is hereby acknowledged, the said Grantor does 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 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: A part of the Southwest Quarter of the Northwest
Quarter of Section Seven, Township Sixteen North, Range Twenty -Nine
West.
EASEMENT DESCRIPTION: A permanent easement of 25 feet in width of equal
and uniform width and a temporary construction easement ok 50 feet of
equal and uniform width. Both easements running parallel with and
contiguous to the East right of way line of Joe Fred Starr Road.
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-
striction, 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. MI 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 snake any covenant or agreement not herein expressed.
WITNESS the execution hereof this the day of , 19
ACKNOWLEDGMENT
COUNTY OF WASHINGTON SPATE OF ARKANSAS l
BE IT REMEMBERED, that on this date, before me, a Notary Public within and for said County and State, duly
to me well
commissioned and acting, personally appeared
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
t.tv commission expires Notary Public
,17RAC ` NO:
STATE OF ARKANSAS
GOUN FY OF WASHINGTON
RIGHT OF WAY GRANT
KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of
and other valuable considerations to the undersigned, ...........Clara -.Anita ... Todd Bolt
paid, the receipt of which is hereby acknowledged, the said Grantor does 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 described real estate, to -wit:
PROPERTY DESCRIPTION: Part of the fractional Southwest Quarter of the
Southwest Quarter of Section Seven, Township Sixteen North, Range Twenty -
Nine West.
EASEMENT DESCRIPTION: A permanent easement of 25 feet in width of equal
and uniform width and a temporary construction easement of 50 feet of
equal and uniform width. Both easements running parallel with and
contiguous to the East right of way line of Joe Fred Starr Road.
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 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 andbe 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 .
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ACKNOWLEDGMENT
STATE OF ARKANSAS l •
COUNTY OF WASHINGTON r
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
Is'I