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Home My WebLink About11-87 RESOLUTIONRESOLUTION NO. 11=87 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A RIGHT-OF-WAY GRANT FOR THE CONSTRUCTION AND MAINTENANCE OF DATER AND/OR SEWER PIPE LINES AND APPURTENANCES THERETO ACROSS PROPERTY ACQUIRED BY THE CITY FROM C. J. BROCCARD. BE IT RESOLVED BY THE BOARD OF DIRE(ORS OF THE CITY OF FAYEPI'EVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a right-of-way grant for the construction and maintenance of water and/or sewer pipe lines and appurtenances thereto across property acquired by the City from C. J. Broccard. A copy of the right-of-way grant authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 17th day of otht APPROVED Mayonitir February , 1987. • G,R A N,T ,r TRACT_. NO. • 265 FM #4R.. STATE OF ARKANSAS , :y« N ";,a. l ;. . KNOW ALL MEN BY THESE PRESENTS: • '' COUNTY [OF WASHINGTON , ), > a. r. • ,That for and in consideration of -and other valuable considerations tothe undersigned,. City of Fayetteville, Arkansas, a Municipal Corporation t Ipaid;s.: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 rights .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:.. t As: part .of the Northwest .Quarter (NW*), of ,the Southeast. Quarter (SES) of Section;: One. (1), Township Sixteen (16) ,North, .Range Thirty, (30) West being more particularly describedas beginning at a point which is N 00-49-35 E (Record North) 1496.82 feet (Record. 1504.50<feet)•and S 89-28-53 E (Record N.89-38-00 E) 867.87 feet from the South Quarter Corner of said,Section 1, said Point of. Beginning being a set iron pin an existing fence line; thence leaving said existing fence line N 22-23-25 W 555.66 feet to a set iron pin; thence N 36-22-54 W 322.24 feet to a point which is Southerly at a perpendicular distance rof .40.00 feet from the: centerline tangent of Arkansas Highway 45, said point being a set iron pin; Thence N 62-18-20 E 366.21 feet to a point which is at a perpendicular distance of 40.00 feet from the centerline tangent of said Highway; Thence N 56-56-53 E 308.80 feet to a point which is at a perpendicular distance of 40.00 feet from the centerline tangent of said. Highway, said point being a . set iron pin; Thence S 00-12-29 West 10.50 feet to a point at fence corner post, said point being a Northwest Corner of the Catholic Cemetery; Thence with an existing fenceline on the Westerly Boundary of said cemetery 5 00-12-29 W (Record South) 304.56 feet (Record 302.28 feet) to a fence corner post, said point being the Southwest Corner of said cemetery and a set iron pin; Thence with an existing fence line on the Southerly Boundary of said cemetery N 88-26-56 E .(Record East) 282.58 :feet,(Record 247.50 feet to the East Boundary of said 40 acre tract, said point being a set iron pin; Thence with the East Boundary of said 40 acre tract S 00-45-31 W 808.56 feet to a set iron pin; thence leaving the East Boundary of said 40 acre tract, N 89-28-53 W 7.79 feet to a found iron pin at an existing fence corner post; Thence with an existing fence line N 89-28-53 W 443.15 feet to the True Point -of -Beginning, containing 13.51 acres, more or less, Washington County, Arkansas. Easement Description: Said . easement .. to be a , permanent easement; thirty ' (30) feet in = width being fifteen +:(15) t feet either sides of a .centerline _and a temporary construction ,easement forty .. (40) feet .in width being twenty (20) feet either side of a centerline. The centerline of both easements being the centerline of a 20 inch Force : Main• Sewer: and being more particularly described as follows, to wit: Beginning at a point that is N 62° 18' 20" E 107 feet from the Northwest corner of the above described property, thence S 45° 23' 00" E 213 feet, thence S 20° 53' 00" E 705.5 feet thence S 89° 28' 53" 356 feet to a point on the East Boundary line of the above described property, said point being 15 feet North of the Southeast corner 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 andenlargement 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. disinterestedpersons, one thereof to be appointed by the said Grantor;. one by :.:the. said ;Grantee; and .the third by the two soappointed as aforesaid, and the written award of such. three persons shall be final and conclusive. ^`y 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 m 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 13E IT REMEMBERED,. that on and for said County and State, appeared me well known as 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 , to who executed the foregoing Right of Way executed the same for the consideration and forth. WITNESS my hand and seal on this 191t. ict ,Myr commission expires Pr. 1/4 r i 4 2; • i7/0,t/q1 day of rotary Public ST. JOSEPH CEMETERY CJ Z Ft • Z f187 . i :1 I SW -SE . I. l7 • • • (H rr II 0 2631.09