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HomeMy WebLinkAbout99-85 RESOLUTIONRESOLUTION NO. 99-85 A RESOLUTION AUTHORIZING AND DIREC'T'ING THE CITY ATTORNEY TO INSTITUTE EMINENT DOMAIN PROCEEDINGS TO CONDEMN EASEMENTS NECESSARY FOR IMPROVEMENTS TO THE INTERSECTIONS OF ARKANSAS HIGHWAY 265 WITH ARKANSAS HIGHWAYS 45 AND 16 EAST. • BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAygntVILLE, ARKANSAS: That the City Attorney is hereby authorized and directed to institute eminent domain proceedings to condemn the easements described in Exhibits "A" and "B" attached hereto and made a part hereof for the purpose of constructing improvements to the intersections of Arkansas Highway 265 with Arkansas Highways 45 and 16 East. 'ASSED AND APPROVED '=r (. LI'f • ki 4a0 �.,4 cOtils'f'..,.. .,FITTEST• this 3rd day of APPRO By: (/ yor _September 1985. rdazd • tr • EASEMENT DEED KIIOW ALL NEN BY THESE PRESENTS: TI!AT D. B. and Doris Ann Glass for and in consideration J08 N0. TRACT N0. r./9 r - 4923 3 23.02 Of Three Ilundred and Fifty and no/100' 'Dollars, ($350.00 ), and other valuable considerations, cash in hand paid, the receipt of which is hereby acknowledned, grant, bargain, sell and convey and warrant to the Arkansas State Highway Commission, its successors and assigns forever an exclusive right of way and easement for highway purposes on State Highway No. 265' , Job No, 4923 , across, through and over the following lands situated in the County of Washington , State of Arkansas: LEGAL DESCRIPTION Part of the North Half of the Northeast Quarter of Section 23, Township 16 Worth, Range 30 West, Washington County, Arkansas, more particularly described as follows: • Starting at the Southeast Corner of the Northwest Quarter of the Northeast Quarter of Section 23; thence North 05° 35' 54" West along the East line thereof a distance of 195.56 feet to a point on the Southerly existing right of way line of State Highway #16; thence in a Southwesterly direction along said existing right of way line along a curve to the right having a radius of 1944.86 feet a distance of 41.03 feet to a point on the Southerly proposed right of way line of State Highway 1/16 for the point of beginning; thence South 61° 13' 23" West along said proposed right of way line a distance of 90.63 feet to a point; thence North 06° 13' 25" West a distance of 20.23 feet to a point on the Southerly existing right of way line of State Highway #16; thence in a Northeasterly direction along said existing right of way line along a curve to the left having a radius of 1944.86 feet a distance of 84.95 feet to the point of beginning and containing 0.02 acre more or less. GA/11 1/31/85 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 Arkansas State Highway Commission and to its successors and assigns forever. AND we hereby covenant with the said Arkansas State Highway Commission that we will forever warrant and defend the title to said lands and property against the lawful claims of any and all persons whomsoever. AND I, Doris Ano Glass , do hereby release and relinquish unto the said grantee all my right of dower or curtesy and homestead in and to said lands. 19 WITNESS signature on this day of (SIGNATURE) (SIGNATURE) • r • EASEMENT DEED KNOW ALL NEN BY THESE PRESENTS: THAT Gary F. and Teresa J. Atha for and in consideration of Twencv Two Thousand JOB NO. TRACT NO. 4923 23.05 15 Dollars, ($22,000.00 ), and other valuable considerations, cash in hand paid, the receipt of which is hereby acknowledged, grant, bargain, sell and convey and warrant to the Arkansas State Highway Commission, its successors and assigns forever an exclusive right of way and easement for highway purposes on State Highway No. 265 , Job No. 4923 , across, through and over the following lands situated 'in the County of Washington , State of Arkansas: LEGAL DESCRIPTION Part of the Northwest Quarter of the Southwest Quarter of Section 1, Township 16 North, Range 30 West, Washington County, Arkansas,,more particularly described as follows: Starting at the Southwest Corner of the Northwest Quarter of the Southwest Quarter of Section 1; thence North 00° 56' 07" West along said West line thereof a distance of 104.72 feet to a point on the Easterly existing right of way line of State Highway #265, for the point of beginning; thence continue North 00° 56' 07" Nest along the West line of the Northwest Quarter of the Southwest Quarter of Section 1 a distance of 54.42 feet to a point on the Easterly proposed right of way line of State Highway #265; thence South 17° 52' 53" East along said proposed right of way line a distance of 93.16 feet to a point on the Easterly existing right of way line of State Highway #265; thence North 74° 16' 35" West along said existing right of way line a distance of 24.04 feet to a point; thence North 09° 22' 00" West along said existing right of way line a distance of 28.10 feet to the point of beginning and containing 0.02 acre more or less. AND ALSO: Starting at the Southwest Corner of the Northwest Quarter of the Southwest Quarter of Section 1; thence North 00° 56' 07" West along the West line thereof a distance of 104.72 feet to a point on the Easterly existing right of way line of State Highway #265; thence South 09° 22' 00" East along said existing right of way line a distance of 28.10 feet to a point; thence South 74° 16' 35" East along said existing right of way line a distance of 66.25 feet to a point on the Northerly existing right of way line of State Highway 045; thence in a Northeasterly direction along said existing right of way line along a curve to the left having a radival of 8344.75 feet a distance of 60.60 feet to a point on the Northerly proposed right of way line of State Highway 045 for the point of beginning; thence North 51° 10' 37" East along said proposed right of way line a distance of 29.03 feet to a point; thence North 82° 01' 42" East along said proposed right of way line a distance of 42.31 feet to a point; thence South 02° 41' 53" East a distance of 15.09 feet to a point on the -Continued- 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 Arkansas State Highway Commission and to its successors and assigns forever. AND we hereby covenant with the said Arkansas State Highway Commission that we will forever warrant and defend the title to said lands and property against the lawful claims of any and all persons whomsoever. AND I, Teresa 3. Atha , do.hereby release and relinquish unto the said grantee all my right of dower or curtesy and homestead in and to said lands. 19 WITNESS — signature on this day of (SIGNATURE) (SIGNATURE)