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Home My WebLink About107-86 RESOLUTIONRESOLUTION NO. 107-86 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO INSTITUTE EMINENT DOMAIN PROCEEDINGS TO CONDEMN SEWER LINE EASEMENTS ACROSS, PROPERTIES OWNED BY BOB L. GADDY. AND EDDIE SUTTON. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETIEnLE, ARKANSAS: That the City Attorney is hereby authorized and directed to instituted eminent domain proceedings to condemn the sewer line easements described in Exhibits "A" "B" and "C" attached hereto and made a part hereof across properties owned by Bob L. Gaddy and Eddie Sutton. PASSED AND APPROVED this ATTEST•,- day of November APPROVED 1986. 43v.if't 12446: Igtwic i-..00 • • \CT NO. ,FATE`'OF A S COUNTY OF , IIINCTON • idol . • , IS. 1 SIIERWOOD FOREST SEWER LINE } KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of and ntliei valuable considerations to the undersigned, . Bob...L....,.Caddy ONE DOLLAR paid, the receipt of which is hereby acknowledged, the said Grantor docs 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 !incs, manholes, and appurtenances thereto, on, over, across, and under the following described real estate, to -wit: EASEMENT DESCRIPTION: A 15 feet wide Utility Easement and a 50 feet wide Easement over a strip of land which is located in and a part of the SE„ SW4, Section 1, all in T-16 County, Arkansas; The centerline of said easement described as follows: Beginning at a point that,l feet and thence N 89° 18' 40" W 7.5 feet from the SW4 of Section 1; thence S 03° 38' W 165.6 feet to tion 12; thence $ 03° 38' W 189.2 feet; thence S 0 thence S 00° 54' E 375.1 feet; thence S 00° 38' W the south line of said NE';, NWS OF Section 12, whi feet from the SE corner of said NE, NWS, Section Temporary Construction the NEn, NWta, Section 12, -N, R -30-W Washington s being more particularly ics N.00 41' 20" E 165.38 SE corner of said 5E1, the. north line of Sec - 0° 38' W 375.3 feet; 372.5 feet to a point on ch lies N 89° 34' W 18.7 12. TO HAVE AND TO IIOLD 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 dcscribcd, 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 sous 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 person's; 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 tlic 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 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 ntal:e any covenant or agreement not herein expressed. WITNESS the execution hereof this the day of , 19 , . Bob L. Gaddy ACKNOWLEDGMENT STATE OF ARKANSAS. COUNTY OF WASHINGTON BE IT REh1EMEERED, that on this date, before mc, 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 o[ Way Grant, and that 1:ad executed the same for the consideration and purpose therein mentioned and set forth. WITNESS my hand and neal on this day of , 19 FCO2ACT N —1 COUN OF ARKANSAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF. WASHINGTONThat for and in consideration of One dollar and other valuable considerations to the undersigned, ...BQB...L,_..GADDY 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 Lot 7.of the Johne"Stnyth Addition, Fayetteville, Arkansas. EASEMENT DESCRIPTION A Utility Easement over the North side of said Lot 7, being 15 feet in width on the West and 25 feet in width on the East. Also, a Temporary Construction Easement, 25 feet in width, which is contiguous and parallel to the aforementioned 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, rnan- 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. 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 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 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 theday of , 19.._.. . Bob L. Gaddy ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASIIINGTON 1. 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 ...he 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 r:, t=' ' TRACT NO.'. 2 SHERWOOD FOREST SEWER LINE UN OF ARKANSAS COF KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WASHINGTON That for and in consideration of ONE DOLLAR RIGHT. OF WAY GRANT and other valuable considerations to the undersigned, Husband and Wife, Eddie E. Sutton and Patsy W. Sutton, 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 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: EASEMENT DESCRIPTION: A 15 feet wide Utility Easement and a 50 feet wide Temporary Construction Easement over a strip of land which is located in the SE;, NW;, and a part of the SW4, NE; all in Section 12, T -16-N, R -30-W, Washington County, Ark- ansas; the center line ofsaid easements being more particularly described as follows; Beginning at. a pointthat lies N 89° 34' W 18.7 feet from the NW corner of said SW4 of the NE;; thence S 0° 38' W 98.8 feet; thence S 2° 00' E 365.1 feet; thence S 25° 38' W 157.6 feet to a point that lies S 0° 38' W 709.88 feet; and thence N 32° 53' W 124.1 feet from said NW corner. of the SW;, NE4 of Section 12. 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 hercinabove 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, tb 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 considcration 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 COUNTY OF WASHINGTON STATE OF ARKANSAS l BE IT REMEMBERED, that on this date, before me, a Notary Public within and for said County and State, duly day of 19. Eddie E. Sutton Patsy W. Sutton ACKNOWLEDGMENT . 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