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HomeMy WebLinkAbout22-91 RESOLUTION• RESOLUTION NO, 22-91 L A RESOLUTION AUTHORIZING A UTILITY RIGHT-OF- WAY GRANT: FOR RELOCATION, OF SEWER LINE AT POPLAR STREET BRIDGE AND THE POPLAR STREET SEWAGE PUMP STATION. • • BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:` ,•L r% , Section 1. That the..Mayor and City Clerk are hereby authorized and directed to execute a utility right-of-way grant for relocation of sewer line at the Poplar Street Bridge and the Poplar Street sewage pump station, as more fully set forth in the legal description attached hereto and made a part hereof. PASSED AND APPROVED this19th day of February APPROVED: By x -' `,`4 titin s . frr` £'ATTEST:• i3 `�y� _� - � city cFlerk. c s. Oro Mayor , 1991. • STATE OF ARKANSAS AHTD No. 4968 Tract No. 2 Poplar St. Struct. & Approach. Util. Reloc. RIGHT OF WAY GRANT KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WASHINGTON ) That for and in consideration of One Dollar ($1.00) and other valuable considerations paid to the undersigned, City of Fayetteville, a municipal corporation, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND CONVEY unto the City of Fayetteville (herein styled Grantee), its successors and assigns, the right of way and easement to construct, lay, remove, relay, inspect, 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: Part of Lot 6, Block 8, Parker's Plat of Valley View Acres to the City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Permanent. Easement Description: Starting at the Southwest Corner of Lot 6, Block 8, Parker's Plat of Valley View Acres, said point also being on the Easterly existing right of way line of a public street; thence North 00°51'57" East along said existing right of way line a distance of 303.17 feet to a point; thence in a Northerly direction along said existing right of way line on a curve to the right having a radius of 20.00 feet a distance of 5.37 feet to a point on the Southerly proposed right of way line of Poplar Street; thence South 88°53'03" East along said proposed right of way line a distance of 71.39 feet to the POINT OF BEGINNING; thence continue South 88°53'03 East along said proposed right of way line a distance of 34.76 feet to a point; thence South O1°06'57" West along said proposed right of way line a distance of 15.00 feet to a point; thence South 88°53'03" East along said proposed right of way line a distance of 47.80 feet to a point on the East line of Lot 6, Block 8, Parker's Plat of Valley View Acres; thence South 26°40'00" West along the East line of Lot 6, Block 8, Parker's Plat of Valley View Acres a distance of 27.71 feet to a point; thence North 88°53'03" West a distance of 46.50 feet to a point; thence North 75°20'02" West a distance of 24.80 feet to a point; thence North O1°06'57" East a distance of 34.19 feet -to the POINT OF BEGINNING and containing 2,365 square feet more or less. CofF 1-21-91 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 fromt 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 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. Ali covenants and agreements herein constained 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 /41t—day of J- --. 19 9/ STATE OF COUNTY OF On this 174 day of A T , 19 g( , before undersigned, a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named Fred Vorsanger and Sherry Thomas to me personally known, who stated that they were the Mayor and City Clerk of the City of Fayetteville, Arkansas Fred Vorsanger, Mayor by ThMmas, City Cler ACKNOWLEDGMENT SS , a municipal corporation, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further staed and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I h ve hereunto s my hand and official seal this ?Om day of F 4 , 1 n i) M Gommissio Expires: l Notary Public AYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Donald R. Bunn, City Engineer FROM: Bert.Rakes,,Land Agent DATE: January 25, 1991 SUBJECT: Poplar Street Structures & Approaches Utility Relocation Easement Acquisition AHTD Job No. 4968 - Please obtain City Board of Directors/ approval of resolution authorizing the Mayor and City Clerk to execute a "Right of Way Grant" for property as described and as required by McClelland Consulting Engineers „project engineers. • Attached you will find "Right of Way Grant" to be executed, drawing indicating area of easement, and City plat indicating location. The easement has an area 2,365 square feet. BR/mab Attachments CC: Jerry Rose, City Attorney (erry Thomas,_..ity_Clerk-A Sh • AHTD No. 4968 Tract No. 2 Poplar St. Struct. & Approach. Util. Reloc. RIGHT OF WAY GRANT STATE OF ARKANSAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WASHINGTON ) That for and in consideration of One Dollar ($1.00) and other valuable considerations paid to the undersigned, City of Fayetteville, a municipal corporation, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND CONVEY unto the City of Fayetteville (herein styled Grantee), its successors and assigns, the right of way and easement to construct, lay, remove, relay, inspect, 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: Part of Lot 6, Block 8, Parker's Plat of Valley View Acres to the City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Permanent. Easement Description: Starting at the Southwest Corner of Lot 6, Block 8, Parker's Plat of Valley View Acres, said point also being on the Easterly existing right of way line of a public street; thence North 00°51'57" East along said existing right of way line a distance of 303.17 feet to a point; thence in a Northerly direction along said existing right of way line on a curve to the right having a radius of 20.00 feet a distance of 5.37 feet to a point on the Southerly proposed right of way line of Poplar Street; thence South 88°53'03" East along said proposed right of way line a distance of 71.39 feet to the POINT OF BEGINNING; thence continue South 88°53'03 East along said proposed right of way line a distance of 34.76 feet to a point; thence South 01°06'57" West along said proposed right of way line a distance of 15.00 feet to a point; thence South 88°53'03" East along said proposed right of way line a distance of 47.80 feet to a point on the East line of Lot 6, Block 8, Parker's Plat of Valley View Acres; thence South 26°40'00" West along the East line of Lot 6, Block 8, Parker's Plat of Valley View Acres a distance of 27.71 feet to a point; thence North 88°53'03" West a distance of 46.50 feet to .a point; thence North 75°20'02" West a distance of 24.80. feet to a point; thence North O1°06'57" East a distance of 34.19 feet to the POINT OF BEGINNING and containing 2,365 square feet more or less. CofF 1-21-91 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 fromt 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 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 constained 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 Fred Vorsanger, ,c�G . 0. 2C✓4J Sherry Thomas, City Clerk ACKNOWLEDGMENT STATE OF 6 4040-1 w .) ) COUNTY OF (UG•,,�,,,, ) ss l,, On this ;1ST day ofWAY2-4 , 1991 , before undersigned, a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named Fred Vorsanger and Sherry Thomas to me personally known, who stated that they were the Mayor and City Clerk of the City of Fayetteville, Arkansas , a municipal corporation, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further staed and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. _•.,IN TESTIMONY WHEREOF I have hereunto set my hand and official e •A , suer i : 'ethis 347r day of Paint./ , 19 .� '# 4 My'CoMmission Expires: ee"s p,- 3 P 7 A or i L. 26, 199(o /C.f." ` .. .. u,'_' 4%fi en Notary Public • rN Al .LL9410 • N 31 0 z I I 470 4-‘19 1 1 •i3to I 400'tap I gabobiky 3 f ; N n g m S•01 �1 Ste* 11 ag.90.lo 1-{m 1• 1 I /I z W 11 I o ill I^� r I. mlm I I,� -1 N tern co-teud ® 6© _ 3nV Z@ aow “5. 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That the Mayor and City Clerk are hereby authorized and directed to execute a utility right-of-way grant for relocation of sewer line at the Poplar Street Bridge and the Poplar Street sewage pump station, as more fully set forth in the legal description attached hereto and made a part hereof. PASSED AND APPROVED this 19th day of February , 1991. APPROVED: Byy:� . z Mayor ATTEST: By: City 03erk FILED • RECORD '91 MAR '4 API 11 44 WAS 11“.: .: ON CO AR A. KOLLL,EYER RIGHT OF WAY GRANT STATE OF ARKANSAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WASHINGTON ) AHTD No. 4968 Tract No. 2 Poplar St. Struct. & Approach. Util. Reloc. That for and in consideration of .One Dollar ($1.00) and other valuable considerations paid to the undersigned, City of Fayetteville, a municipal corporation, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND CONVEY unto the City of Fayetteville (herein styled Grantee), its successors and assigns, the right of way and easement to construct, lay, remove, relay, inspect, 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: r Property Description: .I Part of Lot 6, Block 8, Parker's Plat of Valley View Acres to the City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Permanent Easement Description: Starting at the Southwest Corner of Lot 6, Block 8, Parker's Plat of Valley View Acres, said point also being on the Easterly existing right of way line of a public street; thence North 00°51'57" East along said existing right of way line a distance of 303.17 feet to a point; thence in a Northerly direction along said existing right of way line on a curve to the right having a radius of 20.00 feet a distance of 5.37 feet to a point on the Southerly proposed right of way line of Poplar Street; thence South 88°53'03" East along said proposed right of way line a distance of 71.39 feet to the POINT OF BEGINNING; thence continue South 88°53'03 East along said proposed right of way line a distance of 34.76 feet to a point; thence South O1°06'57" West along said proposed right of way line a distance of 15.00 feet to a point; thence South 88°53'03" East along said proposed right of way line a distance of 47.80 feet to a point on the East line of Lot 6, Block 8, Parker's Plat of Valley View Acres; thence South 26°40'00" West along the East line of Lot 6, Block 8, Parker's Plat of Valley View Acres a distance of 27.71 feet to a point; thence North 88°53'03" West a distance of 46.50 feet to a point; thence North 75°20'02" West a distance of 24.80 feet to a point; thence North 01°06'57" East a distance of 34.19 feet to the POINT OF BEGINNING and containing 2,365 square feet more or less. CofF 1-21-91 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 fromt the construction, maintenance and operation as IIaEA1404PAGE754 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 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 constained 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 iswithout authority to make any covenant or agreement not herein expressed. WITNESS 19 4/ the execution hereof this the /Y)t-day of � -►� , Fred Vorsanger, Mayor herry ThMmas, ACKNOWLEDGMENT STATE OF ) ss COUNTY OFIV On this day of fnalekrT : 19'11 ' , before ; = v{ undersigned, a Notary Public, duly commissioned, qualified and.";aa acting, :within and for the said County and State, appeared. in't person the within named Fred Vorsanger and Sherry Thomas to me personally known, who stated- that they were the Mayor and City Clerk of the City of Fayetteville. Arkansas , a municipal corporation, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further staed andacknowledged that they had so signed, executed and delivered said instrument for:..:. the consideration, uses and purposes therein mentioned and. seta City Clerk Orth 4r• , r • IN TESTI :4"." *�seai''•.this 7A MONY WHEREOF, I h ve hereunto s my hand and official Th day of F � , 1 oTAfly.t` Expires: Notary Public LIBER 1404PA6E755