Loading...
HomeMy WebLinkAbout09-86 RESOLUTION• RESOLUTION NO. 986 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO INSTITUTE EMINENT DOMAIN PROCEEDINGS TO OONDEMN UTILITY EASEMENTS FOR THE CONSTRUCTION OF A SEWER LINE ASSOCIATED WITH THE WASTEWATER TREATMENT PLANT IMPROVEMENT PROJECT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That City Attorney is hereby authorized and directed to institute eminent domain proceedings to condemn the utility easements described in Exhibits 1- 7 attached hereto and made a part hereof for the purpose of constructing a sewer line associated with the Wastewater Treatment Plant Improvement project. PASSED AND APPROVED this 7th day of . ,January , 1985. APPROVED BY 'at( ;9-L211 Mayor .•,; "•m A !i'1 fir' • .. h RIGHT OF WAY GRANT TRACT NO. SI -5 STATE OF ARKANSAS COUNTY OF WASHINGTON Ext X8/7 "-I)1 KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of and other valuable considerations to the undersigned, Phillips Combs paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND CONVEY 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, and appurtenances thereto, on, over, across, and under the following described real estate, to -wit: Property Description: A part of the Southeast Quarter of Section 22, T1GN, R30W. Easement Description: PART A A permanent easement, 20 feet in width, being 10 feet on each side of the centerline of a proposed sanitary sewer line; as constructed, and being more particularly described as follows: Beginning at a point which is located on the East property line, said point being 726 feet West of and approximately 452.6 feet South of the NE corner of the SE* of Section 22, T16N, R30W; thence S 85° 42' W approximately 51 feet; thence N 81° 41' W, 697 feet; thence S 87° 49' W, 455 feet; thence S 88° 45' W, 355 feet; thence N 1° 15' W, 40 feet to a point, said point being the Beginning of Part B; PART 13 A permanent easement, 20 feet in width, being 5 feet on the South side and 15 on the North side of the centerline of a proposed sanitary sewer line, as constructed, thence S 88° 45' W, 130 feet; thence S 67° 29' W, approximately 239.9 feet to a point on the West property line, said line being the West line of the SE of Section 22, T1GN, R30W; and said point being approximately 500 feet South of the NW corner of the SE4 of Section 22, T1GN, R30W. Also a temporary construction easement 40 feet in width being parallel to and contiguous with the above described (Part A) permanent utility easement beginning on the East property line for a distance of approximately 1,600 feet and situated on the South side thereof, and also a temporary construction easement 40 feet in width being parallel to and contiguous with the above described (Part B) permanent utility easement beginning on the West property line for a distance of 450 feet and situated on the North side thereof. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes 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 arty damages which may arise to growing crops or fences from the construction, 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 wife of Grantor, if any, by her signature hereon, hereby releases and relinquishes unto the City of Fayetteville, Arkansas, all her rights of dower and homestead in and to the•above described easement. 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. 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. 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 . ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON BE IT REMEMBERED, that on and for said County and State, appeared me well known as the person(s) Grant, and that had this date, before nie, a Notary Public within duly commissioned and acting, personally to who executed the tcregoing Right of Way executed the same for the consideration and purpose therein mentioned and set forth. WITNESS my hand and seal on this 19 . My commission expires day of Notary Public R 1(1 II T OF WAY GRANT TRACT NO. SI -14 STATE OF ARKANSAS COUNTY OF WASHINGTON E.rHia✓r „a., KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of and other valuable considerations to the undersigned, Belinda I. Faubus, Surviving Widow of Jones A. Faubus paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND •CONVEY 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, and appurtenances thereto, on, over, across, and under the following described real estate, to -wit: Property Description: • A part of the NE* of the SE of Section 21, T16N, R30W. Permanent Easement Description: A permanent easement 20 feet in width, being 10 feet on each side of the centerline of a proposed sanitary sewer line, as constructed, and being more particularly described as follows: Beginning at a point which is located on the East property line, said point being approximately 525 feet West and approximately 343.45 feet South of the NE corner of the NE** of the SEz of Section 21; thence S 85° 06' W, approximately 92.72 feet to the West property line, said point being approximately 351.37 feet South and 630 feet West of the NE corner of' the NE* of the SEl, of Section 21, T101, R30W. Also a temporary construction easement 40 feet in width being parallel to and contiguous with the above described permanent utility easement and situated on the South side thereof. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes. 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 fences from the construction, maintenance and operation as determined by 4iree disinterested persons, one thereof to be appointed by the said Grantor; one ' y 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 Grantoi 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 wife of Grantor, if any,.by her signature hereon, hereby releases and relinquishes unto the City of Fayetteville, Arkansas, all her rights of dower and homestead in and to the above described easement. 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 heing, paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and ,greeinents 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 make any covenant or agreement not herein expressed. WITNESS the execution hereof this the , 19 Belinda I. Faubus A C K N O W L E D G M E N T STATE OF ARKANSAS COUNTY OF WASHINGTON day of BE I.T 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 sante 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 t • RIGHTOFWAY GRANT -:,TE OF ARKANSAS ) „fig ) KNOW ALL MEN BY THESE PRESENTS: cGUNTY OF WASHINGTON ) EviABir That for and in consideration of and other valuable considerations to the undersigned, Cy Carney and Lettie Carney, Trustees paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND CONVEY 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, and appurtenances thereto, on, over, across, and under the following described real estate, to -wit: Property Description: A part of the Northwest Quarter (NW;) of the Southeast Quarter. (SE;) of Section 21, Township 16 North of Range 30 41est, more particularly described as follows to -wit: Beginning 26 rods and 6 links West of the Northeast corner of said 40 acre tract; and running thence South 7° 10' West 1 rod for a beginning point; thence West 14 rods and 5 feet; thence South 465 feet; thence East to the West line of the U.S. Highway No. 71, thence North 7v 10' East to the place of beginning. Easement Description: A permanent easement 4.5 feet in width and being more particularly described as follows: Beginning at a point on the West property line, 25 feet North of the Southwest corner of the above described real estate, also said point being the Northwest corner of an existing permanent easement granted to grantee by grantor, Recorded in Washington County Record Book No. 652, page 62, thence North 4.5 feet, thence East 129.41 feet to a point on the East property line of the above described real estate, also said East property line being the West Right -of -Way of U. S. Highway No. 71, (now known as U. S. Highway No. 471), thence S 7° 10' W, 4.54 feet along East property line to a point, said point being the Northeast corner of an existing permanent easement granted to grantee by grantor; Recorded in Washington County Record Book No. 652, Page 62, thence West 128.85 feet along the existing permanent easement to the point of beginning. Also a temporary construction easement 5 feet in width being parallel to and contiguous with the above described permanent utility easement and situated on the North side thereof. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes 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 construction, 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 wife of Grantor, if any, by her signature hereon, hereby releases and ,onquishes unto the City of Fayetteville, Arkansas, all her rights of dower d homestead in and to the above described easement. (I 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. 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. 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 . A C K,N O W L E D G M E N T STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) 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 . - Notary Public My commission expires RIG H T OF WAY GRANT TRACT NO. SI -19 STATE OF ARKANSAS COUNTY OF WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of and other valuable considerations to the undersigned, Cy Carney Trust paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND CONVEY 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, and appurtenances thereto, on, over, across, and under the following described real estate, to -wit: Property Description: A part of the Northwest quarter (NWf) of the Southeast quarter (SED of Section Twenty-one (21) in Township Sixteen (16) North of Range Thirty (30) West, being more particularly described as follows, to -wit: Beginning at a point on the South right of way line of 15th Street at a point 640.53 feet East and 34.26 feet South of the Northwest corner of said 40 acre tract, thence South 426.25 feet to a point on the North line of a 25 .foot sewer easement, thence North 85 degrees 41 minutes West 187.70 feet, thence South 89 degrees 20 minutes West 22.88 feet, thence North 412.65 feet to the South line of 15th Street, thence East along said South line of 15th Street 210 feet to the point of beginning. Easement Description: A permanent easement 5 feet in width, and being more particularly described as follows: Beginning at the Southeast corner of the property described above, thence N 85° 41' W, 187.70 feet; thence S 89° 20' W, 22.88 feet to the South;west corner of the above described property, thence North 5 feet, thence N 89 20' E 22.88 feet, thence S 85° 41' E 187.70 feet to a point on the East property line, thence South 5' to the point of beginning. Also a temporary construction easement 40 feet in width being parallel to and contiguous with the above described permanent utility easement and situated on the North side thereof. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes 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 construction, 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 wife of Grantor, if any, by her signature hereon, hereby releases and relinquishes unto the City of Fayetteville, Arkansas, all her rights of dower and homestead in and to the above described easement. 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. 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. 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 . ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON 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 RIGILT OFWAY GRANT TRACT NO. SI -221 STATE OF ARKANSAS COUNTY OF P,ASIIINGTON 511/6/1- ) ,Yy/S/r ) fiNOW ALL t'JEN BY THESE PRESENTS: That for and in consideration of and other valuable considerations to the undersigned, Ruby Rees and Emma Nelson, as joint tenants with right of survivorship and not as tenants in common paid, the receipt of which is hereby acknowledged, the said Grantor docs hereby GRANT, SELL AND CONVEY 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, and appurtenances thereto, on, over, across, and under the following described .real estate, to -wit: Property Description: A part of the NE; of the W4- of Section 21, T16N, R3OW. Easement Description: A permanent easement 20 feet in width, being 10 feet on each side of a centerline and being more particularly described as follows: Beginning at a point which is located on the East property line, said point being approximately 432 feet South of the NE. corner of the NEI of the 'SN; of Section 21; thence N 88° 38' W, approximately 42.7 feet; thence S 63° 38' W, 153 feet; thence S 80° 57' W, approximately 416 feet to a point on the West property line, said point being approximately 564 feet South and 594. feet West of the NE corner of the NE= of the SIV, of Section 21, T16N, R3OW. Also a temporary construction easement 40 feet in width being parallel to and contiguous with the above described permanent utility easement and situated on the North side thereof. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or• lines, manholes 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 construction, 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 wife of Grantor, if any, by her signature hereon, hereby releases and relinquishes unto the City of Fayetteville, Arkansas, all her rights of dower and homestead -in and to the above described casement. The Grantee shall have the right to construct additional pipe lines upon the above described easement -at any time 'in the future and na•recs 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. 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. 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 , 19 • ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON day of 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 persons) 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 cT NO. SI -22 STATE OF ARKANSAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WASHINGTON ) That for and in consideration of RIGHT OF WAY GRANT and other valuable considerations to the undersigned, • C. Thomas Pearson, Jr. paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND CONVEY 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, and appurtenances thereto, on, .over, across, and under the following described real estate, to -wit: Property Description: A part of the NEI of the SW4 of Section 21, T16N, R3OW. Easement Description: A permanent easement 20 feet in width, being 10 feet on each side of the centerline of a proposed sanitary sewer line, as constructed, and being more particularly described as follows: Beginning at a point which is located on the East property line, said point being 726 feet East and approximately 558.5 feet South of the NW corner of the NEI of the SW4 of Section 21;. thence S 85° 23' W, approximately 145 feet; thence S 74° 49' W, 371 feet to a point on the West property line, said point being approximately 705 feet South and 198 feet East of the NW corner of the NEIL of the SW4 of Section 21, T16N, R3OW. Also a temporary construction easement 40 feet in . width being parallel to and contiguous with the above described permanent utility easement and situated on the North side thereof. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes 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 construction, 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 wife of Grantor, if any, by her signature hereon, hereby releases and relinquishes unto the City of Fayetteville, Arkansas, all her rights of dower and homestead'in and to the above described easement. 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 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. 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. 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 ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON 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 L , 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 TRACT NO. S1-31 STATE OF ARKANSAS EXH/eir "1" RIGHT• OF WAY G RAN T ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WASHINGTON ) That for and in consideration of and other valuable considerations to the undersigned, E. M. Adamson and C. T. Pearson, Jr. , as tenants in common paid, the receipt of which is hereby . acknowledged, the said Grantor does hereby GRANT, SELL AND CONVEY 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, and appurtenances thereto, on, over, across, and under the following described real estate, to -wit: Property Description: Lots 22, 23, 24 in Block 10, Parksdale Addition to the City of Fayetteville, LESS AND EXCEPT all that parts of Lots 22 and 23 of Block 10 to Parksdale • Addition to the City of Fayetteville, Washington County, Arkansas, lying South of the center of Town Branch. Easement Description: A permanent utility easement 20 feet in width, being 10 feet on each side of the centerline of a proposed sanitary sewer line, as constructed, and being more particularly described as follows: Beginning at a point which is located on the East property line, said point being approximately 38 feet North of the SE corner of Lot 24 Block 10 of said Addition, thence N 87° 20' W, approximately 10 feet; thence S 2° 40' W, 30 feet; thence S 73° 28' W, approximately 127 feet to a point located on the West property line approximately 14 feet North of the SW corner of Lot 23 Block 10 of said Addition: Also a temporary construction easement 40 feet in width being parallel to and contiguous with the above described permanent utility easement and situated on the North side thereof beginning on the East property line for a distance of 60 feet and situated on the South side thereof, beginning on the West property line for a distance of 130 feet. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, with ingress tIcY 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 construction, 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 wife of Grantor, if any, by her signature hereon, hereby releases and relinquishes unto the City of Fayetteville, Arkansas, all her rights of dower and homestead in and to the above described easement. The Grantee shall have the right to construct additional pipe lines upon the above described easement atany 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. 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. 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 . ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON 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. 19 IVITNESS my hand and seal on this My commission expires day of Notary Public