HomeMy WebLinkAbout03-87 RESOLUTIONRESOLUTION ND.
3.-87
SCANNED
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A UTILITY EASEMENT FOR THE CONSTRUCTION
OF SEWER LINE IMPROVEMENTS.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYECI'EVIL E,
ARKANSAS:
That the Mayor and City Clerk are hereby authorized and directed
to execute a utility easement for the construction of sewer line improve-
ments. A copy of the easement authorized for execution hereby is
attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this
day of January
APPROVED
1987.
BY: 7 / ti 4nbel6_, J
Mayor
•
•
L.y
cri
TRACT NO. SI -25
RIG11TOF Wdw.RgaboNT
'87 JON 29 P19 3 91
STATE OF ARKANSAS
COUNTY OF WASHINGTON
WASHI 'C T ON COUNTY AR
KNOW ALL/1*1; W ?T1W t PRESENTS:
ni =OK
That for and in consideration of
and other valuable considerations to the undersigned,
City of Fayetteville, Arkansas, a municipal corporation
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 NWk of the SWk of Section 21, T16N, R3OW, also part of the NEI of
the SWk of Section 21, T16N, R3OW.
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 located on the
North property line of a City Park located in the k Sections described above,
said point being approximately 787 feet South and approximately 115 feet West
of the NE corner of the NWk of the SWk of Section 21 said point also being 10
feet East of the SW corner of Lot 12, Block 6 Parksdale Addition to the City of
Fayetteville; thence S 79° 43' W, approximately 229 feet; thence S 56° 15' W,
190 feet; thence S 43° 47' W, approximately 134 feet; to a point on the West
Property Line, said point being approximately 7 feet South of the NE corner of
Lot 4, Block 9 Parksdale Addition to the City of Fayetteville.
Also a temporary construction easement 20 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 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 ou i f13i.s ea eingnt.
LISP L- PAGEjj /�
•
•
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
day of
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on
and for said County and State;
appeared %6 ;,-,e; ,cv.,
me well known ds the person(s)
Grant, and that had
purpose therein mentioned and set
this date, before me, a Notary Public within
duly commissioned and acting, personally
2; 2rz
tec:tti v , to
Who executed the foregoing Right of Way
executed the same for the consideration and
forth.
,StDitNEtk my hand and seal on this
r
`4. day of
•
to:
Myconiiidssidii, expires 9-2-5
Notary Public
II0.1211 PAGE 6 35