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HomeMy WebLinkAbout63-86 RESOLUTIONRESOLUTION NO 63-86 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO INSTITUTE EMINENT DOMAIN PROCEEDINGS TO CONDEMN REAL PROPERTY AND EASEMENTS NECESSARY FOR CONSTRUCTION OF A SEWER LINE AND SEWER LIFT STATION. BE IT RESOLVED BY THE BDARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the City Attorney is hereby authorized and directed to institute eminent domain proceedings to condemn fee simple title to real property owned by Kerr Investment Company and to condemn easements across property owned by Franklin D. Riner and Connie J. Riner, David J. Wilson and Sharon A. Wilson, Wayne Hinkle, Kerr Investment Company, and Burlington Northern Railroad for the construction of a sewer lift station and sewer line. Legal descriptions of the real property and easements authorized for condemnation hereby are attached hereto marked Exhibits "A", "B", "C", "D" and "E" and made a part hereof. PASSED AND APPROVED this 3rd day of June , 1986. ATTEST APPRO 4074,44.& By Mayor tut • • .. ..•h. • .ARRANTY DEED (CORPORATION) .r ALL MEN BY THESE PRESENTS: That we the said Kerr Investment Company e corporation organized under and by virtue of the laws of the Stale of , hereinafter called Grantor, by IIs President and Secretary, duly authorized by proper resolution of Ila Board of Directors. ler and In consideration of the sum of One Dollar (51.00) and other good and valuable consideration In hand paid by the City of Fayetteville, Arkansas herelnalter called Grantee. does hereby grant, bargain and sell unto the said Grantee and Grantee's heirs and assigns, the following described land situate In Washington County, State of Arkansas, to-wil: .A part of the Northwest Quarter (NW&) of the -Southeast Quarter (SEi;) of Section One (1), Township 16 North, Range 30 West, described as follows: Beginning at the Northwest corner of said 40 acre tract and running thence 545 feet in a Southerly direction along the West boundary line of said 40 acre tract to. the North Right -of -Way • line of Highway No. 45; thence in a Northeasterly direction with said Right -of -Way !line 545 feet to the POINT OF BEGINNING, said point more particularly described as 'being 20 feet from the intersection of the North Right -of -Way line of said:highway and the centerline of Mud,.Creek, as measured in a Northeasterly direction along said; .North Right -of -Way line; running thence North 400 West fifty (50) feet, thence North; '.' 50° East fifty (50) feet, thence South 40° East fifty (50) feet:to the North Right- .: ;of -Way line of Highway 45 thence in a Southwesterly direction along said Right -of -Way 'line to the point of beginning, continuing in all 0.06 acres more or less.: - 1 1 : • TO HAVE AND TO. HOLD tho said lands and appurtenances (hereunto belonging unto the said Grantee and Grantee's heirs and assigns, forever. And said corporation hereby covenants with the sald Grantee That It Is lawfully seized of said land and premises, that the same Is unlncumbered, and that It will forever warrant and defend the title to the sald lands against all legal claims whatever. • IN TESTIMONY WHEREOF, the name of the Grantor Is hereunto affixed by Ile President and Its seal is affixed by Ila Secretary, this day of , 19_ Kerr Investment Company (Seal) Name of Corporation THIS INSTRUMENT PREPARED BY: State of County of By By ACKNOWLEDGMENT President Secretary •On This the_day of , 19_ before me, a nbtary public, qualified and acting, within and for the said County and Stale, appeared In person the within nomad and to me personally known, who slated that they were the President and Secretary of the - - , a corporation. and were duly authorized In tbelr respective capacities to execute the foregoing Instrument lar and In the name and behalf of said corporation, and further stated and acknowledged That they had so signed, executed and delivered said Instrument for 'the consideration, uses and purposes therein mentioned and set forth. SIN TESTIMONY WHEREOF, I have hereunto act my hand end otllctal'aeal this day et • My Commission Expires . Notary Public 19_ RIGHT OF WAY G R A.N T TRACT NO. 265 FM #3R STATE OF ARKANSAS COUNTY OF IVASHINCTON ) KNOIV ALL MEN BY THESE PRESENTS: That for and in consideration of and other valuable considerations to the undersigned, Kerr Investment Company 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 Northeast fractional quarter (NEFrIl) of Section 1, described as follows: Beginning at the Northwest corner of said Fractional Subdivision, and running thence East 841.75 feet; thence South to the South line of said tract; thence West 891.75 feet to the Southwest corner thereof; thence North to the place of beginning, containing 25.32 acres, more or less, and all that part of the Northwest quarter (NW/) of the Southeast quarter (SE}) of Section One (1) lying North and West of the center line of State Highway No. 45, containing 6.37 acres, more or less, in Township Sixteen (16) North, Range Thirty (30) West, and containing in all 31.69 acres, more or less. Easement Description: Said easement to be a permanent easement twenty (20) feet in width and a temproary construction easement forty (40) feet in width. Both easements having a common South line. Said South line being more particularly described as follow, to wit: Beginning at the Northwest corner of the NWI of the SE/ of Section 1, T16N, R30W and running in a Southerly direction along the West boundary line of said frl. 90 acre tract 545 feet to the North Right -of -Way line of Highway No. 45 for a point of beginning; thence five hundred forty-five (545) feet in a Northeasterly direction parallel to and contiguous with the North Right -of -Way line of Highway No. 95. 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 titan fences. and said fences shall not exceed six (6) feet in .height. The wife of Grantor, if any, by her signature hereon, hereby releases end 'relinquishes unto the City of Fayetteville, Arkansas, all her rights of dower and homestead in and to the above described easement. t 4 000 I RIGHT OF WAY GRANT TRACT NO. HR -1 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, Wayne Hinkle 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: Part of the SWI of the SEI of Section 13, Township 1.6 North, Range 30 West. Easement Description: A permanent easement, 20 feet in width, and 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 approximately _.695 feet South and approximately 315 feet East of the NW corner of the SW} of the SEI of Section 13, T16N, R3019; said point being the center of an existing manhole; thence S 27 ° 30' E, 61 feet, thence S 82° E, 122 feet to a point on the East property line, said point being approximately 474 feet East and approximately 767 feet South of the NW corner of the SWI of the SEI of Section 13. T16N, R30151/: - Also a temporary construction easement 20 feet in width being parallel to and contiguous with the above described permanent utility easement and situated on each 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 agrees to pay any damages as a result 'of such future construction as set out in this easement. • • .RIGHTO F W A Y GRANT TRACT NO. FUR 89 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, David J. Wilson and Sharon A. Wilson, husband and wife 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 temporary right of way and easement to construct, new manholes on an existing sewer line, and appurtenances thereto, on, over, across, and under the following described real estate, to -wit: Property Description: A twenty-five (25) foot strip of land which is described as follows: beginning at a point that is North 411.25 feet and West 2168.02 feet from the Southeast (SE) corner of the Southwest Quarter (SSVi) of Section Six (6), running North 00 degrees 33" 30' East 207.89 feet; thence North 7 degrees 28" West 386.48 feet, to the centerline of a county road, thence along said centerline South 61 degrees 95" 20' East 30,8 feet; thence South 7 degrees 28" East470.25 feet; thence South 00 degrees 33" 30' West 209.4 feet; thence_ West 25 feet to the point of beginning. -Easement Description: Said .easement to be a permanent casement twenty (20) feet in width land a temporary construction easement forty (90) feet in width; both easements having a common North line. Said North line being- parallel to and contiguous with the North boundary line of the above described property. 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 under construction, subject to final approval by the Grantee. 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 that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be nt a height above high water, and to pay any damages which may arise to growing crops or fences from the construction, 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, structures or fences in said right of way until said construction is completed and approved by the Grantee. 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 1.9_ • �,•. 'Re .. • RIGHT OF WAY GRANT TRACT NO. FIIR 81 STATE OF ARKANSAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WASHINGTON ) That for and in consideration of and other valuable considerations to the undersigned, Franklin D. Riner and Connie J. Riner, husband and wife 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: Part of the Fractional Southwest Quarter of the Fractional Southwest Quarter of Section 6, Township ,16 North, Range 29 West, more particularly described as follows, to -wit: Beginning at a point in the centerline of public road which is 297 9.50 chains South of the Norfhwest_Sorner of said Fractional Forty Acre Tract, and runnings thence North 9.50' Cha5°jo Northwest corner thereof, thence East 5.'I0"ehains, thence South 5.28"e/hems or to the North line of a private drive, thence with the North line of said drive North 79° 30' {Pest 77 feet, thence North 86° 95' West 86 feet, thence South 18 feet to the centerline of said public road, thence North 79° 30' West with the centerline of said road to the point of beginning, containing two and one-half (21) acres, more or less. Easement Description: Said easement to be a permanent easement twenty (20) feet in width, being 10 feet on each side of a centerline and a temporary construction easement forty (90) feet in width being 20 feet on each side of a centerline. The centerline of both easements being more particularly described as follows, to wit: Beginning at a point on the West line of the above described real estate, said point being 90 feet North of the Southwest corner thereof running thence South 65° 30' East 150 feet, thence South 25° 30' East to a point on the South side of the above described property. 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 cult'vation 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 theabovedescribed easement.