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Home My WebLink About124-85 RESOLUTION• • RESOLUTION ND. 124-85 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A 15 FOOT UTILITY EASEMENT ALONG THE NORTH SIDE OF ROUTH PARK TO ENABLE ARKANSAS WESTERN GAS COMPANY TO RELOCATE GAS LINES IN CONNECTION WITH THE REPLACEMENT OF THE OLD WIRE ROAD BRIDGE. • BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILIE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a 15 foot utility easement along the north side of Routh Park to enable Arkansas Western Gas Carpany to relocate gas lines in connection with the replacement of the Old Wire Road bridge. A copy of the•easement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 19th day of November APPROVED By: 6;21 Mayor 1985. V PORM us—a-,Ssei • STATE OF ARKANSAS COUNTY OF WASHINGTON ARKANSAS W ES i ERIN GAS COMPANY P 0. BOX 1288 FAYETTEVILLE, ARKANSAS 72702.1288 RIGHT OF WAY GRANT JOB NO. (For Use in Developed City and Suburban Areas) 1 That for and in consideration of One and OVC 01.00 and OVC ) Dollars to the undersigned KNOW ALL MEN BY THESE PRESENTS: City of Fayetteville, Arkansas (herein styled Grantor, whether one or more) paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL and CONVEY unto Arkansas Western Gas Company, a Corporation, (herein styled Grantee), its successors and assigns, the right of way and easement 15 feet in width, to construct, maintain, repair, lay, remove, relay and operate pipe lines and appurtenances thereto, on, over, across, through and under the hereinafter described lands, the center line of which right of way and easement shall be the first pipe line laid by Grantee as it now presently exists or as it shall hereafter be laid in lands sltu- aced to Washington County, State of Arkansas, to -wit: A part of the W3 of the NW* of S31, T17N, R29W, being more particularly described as_ follows: Beginning at an existing corner post which is 538.38 feet south and 500.0 feet east of the NW corner of the SW* of the NWI of said S31 and running thence S. 89° 10' E. along an existing fence row a distance of 70.0 feet to the west right of way of Crossover Road; thence northward following said west right of way the following bearings and distances: N. 24° 24' E. 54.27 feet, N. 19° 40' E. 44.48 feet, N. 16° 07' E. 59.34 feet, N. 12° 40' E. 69.0 feet, N. 07° 49' E. 62.28 feet, N. 01° 30' E. 54.0 feet, N. 01° 35' E. 198.0 feet to a point where the west right of way of Crossover Road intersects the south right of way of Old Wire Road; thence N. 83° 44' W. along south right of way, a distance of 155.25 feet; thence S. 545.18 feet to the point of beginning; containing 1.64 acres, more or less. more fully described in deed— from to recorded in Volume 898 Page 713 of the Deed Records of said County, to which reference is here made for further description. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such line or lines and/or appurtenances thereto shall be maintained, with ingress to and egress from the premises for the purpose of constructing, inspecting, maintaining, and repairing the lines and appurtenances of Grantee above described, and the removal and renewal 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 hereirb Sore granted to the said Grantee, which hereby agrees to bury all pipes to a sufficient depth so as not to interfere with cultivation of soil. Grantor agrees that no building or other structure shall he so constructed upon or over any of the Grantee's pipe lines or facilities or so close as to prevent proper maintenance. re- pair, and,/or removal thereof without Grantee's written consent. In addition to the sum paid by Grantee for the right of way and easement and other rights herein granted, Grantee shall pay all actual damages to fences and/or any other improvements located on the herein described land which are caused by the exercise of the rights herein granted; said damages, if not mutually agreed upon to be ascertained and 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. • Upon written application to the Grantee at Fayetteville, Arkansas, the Grantee will make or cause to be made a tap on any gas pipe line constructed by Grantee on Grantor's premises above described for the purpose of supplying gas to the Grantor for domestic use on said premises only, gas to be measured and furnished at the main line of Grantee at the price and under the rules and regulations of the Grantee filed with the Arkansas Public Service Commission. Gas line to be contained in a 15' easement along the north boundary of above described property, south of and parallel to south right of way of Old Wire Road. 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. And 1, for and in consideration of the said sum of money paid in favor of said Grantee all my estate of dower/curtesy hereinbefore granted and set forth. It is hereby understood that party securing this grant in behalf of Grantee +s without authority to snake any covenant or n..greement not herein expressed. , wife/husband of the said as a consideration for the foregoing, do hereby release and relinquish unto and and homestead in and to the above described land to the extent of the rights Witnesi the execution hereof on this the -___121:11._ This Instrument Prepared by Russell Anderson Washington County of , Arkansas. STATE OP ARKANSAS COUNTY OR_ Before me SINGLE ACKNOWLEDGMENT , a Notary Public duly commissioned, qualified and acting within and for_...._— County, Arkansas, on thla day personally appeared.. well known to me to be the person(s) whose name(s)_____._.subscribed to the foregoing Instrument and stated to me that executed the same for the consideration and purposes therein mentioned and set forth. In testimony whereof, I have hereunto set my band and official Beal this .... ___day of._ __._ A. D., 19_..._.. (L. 8.) Notary Public fo and for My Commission Expires STATE OF ARKANSAS COUNTY OP _ Before me. _ __ ... .. _....._ _ ___... _..._..., a Notary Public duly commissioned. qualified and acting within and for. _. ___ County, Arkansas, on this day personally appeared . to me well known as the grantors In the foregoing Instrument and stated that they had executed the same for the consideration and purposes therein mentioned and set forth. And on the same day also voluntarily appeared before me the said JOINT ACKNOWLEDGMENT ----`_-- -_--.--__.— _---.., wife of the said- to me well known, and in the absence of her husband declared that she bad of her own free will signed and sealed the relin- quishment of dower and homestead In said Instrument for the consideration and purposes therein contained and set forth with- out compulsion or undue Influence of her said husband. In testimony whereof, I bate hereunto set my band and official seal this... ..... ...day of .._...... ... (I. S.) Notary Public In and for My Commission Expfree . _ _. _.._County, Arkansas CORPORATION ACKNOWLEDGMENT I sa. On this ---.._—..day of__._---_-. .. 19 , before me.. -...__._.....-._._- STATE OP ARKANSAS a Notary Public duly commissioned, qualified and acting within and for said County and State, appeared in person the within and to me personally well known, who stated that they were the .._...........__President and Secretary, respectively, of the ....Company, a corporation, and were duly authorized in their respective capacities to execute the foregoing instrument for and In the name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and pur- poses therein mentioned and set forth. In testimony whereof, I have hereunto set my hand and official seal thla ._..-..day of A. D., 19___ .. (L. S.) Notary Public in and for My Commission EIDlres— --County, Arkansas 0 .19 0 U 1 d a e 00 2 w a