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Home My WebLink About60-91 RESOLUTION• • RESOLUTION 1(0. 60-91 2 A RESOLUTION. APPROVING TWO (2) UTILITY EASEMENTS FOR WALKER PARK SEWER REPLACEMENTS.' BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute two (2) utility easements for Walker Park sewer replacements on behalf of the City. A copy of the easements right-of-way grants authorized for execution hereby are attached hereto and made a part hereof. PASSED AND APPROVED this 2nd day of April , 1991. Nilt1:<7.17 `9-41*.-‘ 44.'2:631 - :ATTEST: - , r TBy = tUo-21 City jerk • ‘.* efr :Ft 4 I - J. # ,.,•<!‘ 421.1:ik-r a. • A• 1 1 APPROVED: BY:ret,//4/71111-N---- 4; 4 mayor • 1.. •V ep. ..•••••." ••• ar • • .• 1••••=... dira Ist. I I • s .1 .11 i3li1II '• E. CENTER itTh..:'a` •,, •••• •• rte.. %% A ;O.!. r .1011FEDERATE - kr It Icesrussr 1st rr.c, or , *rm.. r2 Yarn, ointopt t a NTON rocK. taws r......,WALNEN CEPA. .2.;!%...‘" • . r • E. • 41; ki:c; rt. ii:Aa I • blirtIcalr .4 Id % f.r? 67N • if • • • 4 -14.7:st • • . AND RSON PLACE l.wilet .....s .ettlai iidiNt . •,•,‘ #ana . ___ ges -.0 ate sib ; r 1 A • : ,../ el ! ' r r . - 1 i .01,1,a. --r.... ..,. r .T., n•• • m • ••Iw.:"; 00 %VII .°,6v:.41: is, • 14 gr. NC I -- 4 X r 1 :. 9 • 1- 1 •ca •1711 I, a . .........41. ... 3 1.. • • • „ n .1. • ✓ .• • ' ST • 2 'dm,: %. el:, • ••: • 1( :7? ::•7.I1 2.6%. .g11 rit••::•1› .4 j; 1 if is TN •d •1 • /46 ENEAli- ,ZociirsiaAiS a '1...enAfg: • -TH./-•A si .s 1.1;4 0:11. d• • :uttrott sr. 1 trk- t da4 •-•e:44. I • lab • •wt • t I .11 .r‘ d 1••P 1: 0 .7.11 ) • • .74 %TAP" • mia , stzl • • ,. • V22 .zo 27 4 Ct LAURA LEE $T LE rtarr LORENA LANE 24TH STRUT CIT ';• PROP/ Cirr /Au 6,Q.9.tirs V1/44 Ice 672. /917" . • TRACT NO., 410:77.:tD741. STATE OF ARKANSAS COUNTY OF WASHINGTON rcturiur VVAT tiltAN I } KNOW ALL MEN BY THESE PRESENTS: r -;) L?- 1 713-11-0i crn • FfLED 1 That for and in consideration of 91 APR and other valuable considerations to the undersigned, City of Fayetteville, U 1 Co R 1-11U 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: LEGAL DESCRIPTION (Book 1023, Page 635) Part of the East Half (E 1/2) of the Northeast Quarter (NE 1/4) of Section 21, Township 16 north, Rande 30 West, Washington County, Arkansas, and being more particularly described as follows: Beginning at a point 650 feet North of the Southwest corner of said 80 acre tract, thence North 701 feet, thence East 511.80 feet, thence South 701 feet, thence West 511.80 feet to the point of beginning. The above described land enbracing Blocks "A" and "B" of Archibald Yell Subdivision, ChurchAvenue, Eleventh and Thirteenth Streets, all in the City of Fayetteville, Arkansas. • This deed executed pursuant to Judgment of Condemnation entered in Washington County, Arkansas, Circuit Court Case No. 80-655. 20 FOOT PERMANENT RIGHT OF WAY GRANT Right of Way being 10 feet wither side of the following described centerline and extending Northwesterly or Southwesterly until it intersects the West line of the above described parcel of land: Beginning at a point on the West line of the above described parcel of land, said point being 2.7 feet South of the SE corner of a tract of land owned by 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 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 w4 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. An covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. h 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. LW 1408 PAGE 944 Nancy W. Lewis as recorded in Deed Book 1090, at Page 186, at the Washington County Clerk's office; thence N 12 08 E for 105.2 feet to the center of a sanitary sewer manhole; thence N 6°48'W for 186.7 feet to a point on the West line of the above described parcel of land, said point being 62.4 feet North of the NE corner of said tract of land owned by Nancy W. Lewis and being the terminus of the above described centerline. Permanent Right Of Way Grant being further described as being 10 feet either side of the sanitary sewerline, as constructed. 5 FOOT TEMPORARY CONSTRUCT/ON EASEMENT A 5 -foot strip of land abutting to and parallel with the Easterly line of the above described permanent right of way grant and a 5 -foot strip of land abutting to and parallel with the Westerly line of the above described permanent right of way grant. WITNESS our hands and seals on this -27ft day of '19q1 • City of Fayetteville 3-7-efie/ Fred S. Vorsanger, ayor Sri/Ala2 SherrY44-jThomas, City Clerk ACKNOWLEDGMENT 1 State of Arkansas ss County of Washington ) On this LIT* day Of ArPR , 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 $herry 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 andl,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. IN TESTIMONY seal :this ,44-114- .0011,1,0”, 011 ” % A. / '• • .•• " 0000000 ei 44 , 01:"r. - •If3.045,-{:•-, • ErtfreArmietion expires: 444). sc70" ' WHERE, I haveyhereunto se my hand and o ficial day of. title -IL_ 19 Notary Public tAIERIAOSFAGE945 r "'RAM'sNO.1 . . .4911.11:1 STATE OF ARKANSAS COUNTY OF WASHINGTON Kiwi! W. WAY G -RANT KNOW ALL MEN BY THESE PRESENTS: FILED - 'ECORD '91 APR 5 API 10 21 TON CO AR That for and In cotuideration of • and other valuable considerations to the undersigned,o f Faxptteville ••• . • 44 • • IMO *ad Ill • ••• • Ytetr• • paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND COVEY unto the City of Fayetteville, Arkansas, a mualcipal corporation (bemire styled Grantee), its successors and assigns, the right of way and easement to constrtsgte Ian remove,relay, eniarge 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: • Lgca DESCRIPTION (Book 994, Page 336) A parcel of land lying in the SE 1/4 of the NE 1/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Beginning at the southwest corner of the E 1/2 of the NE 1/4 of Section 21, thence north along the west line of the E 1/2 of said NE 1/4 650 feet, thence east along the south right- of-way of 13th Street, 1320 feet to the east line of Section 21, thence south along the Section line 650 feet to the southeast corner of said NE 1/4, thence west 1320 feet to the point of beginning andcontaining19.70 acres, more or less. 20 FOOT PERMANENT RIGHT-OF-WAY GRANT Right-of-way being a 20 -foot wide strip of land across a tract of land described in Warranty Deed found in Deed Book 994 at Page 336 of the Washington County Clerk's office. IL Said right-of-way being more particularly described as being 10 -feet either side of the following described centerline: Beginning at a point on the North right-of-way line of Arkansas Highway No. 16, said point also being 50.0 feet North of and 35.3 feet East of the SW corner of the above described tract of land; thence N 4°52'W for 235.3 feet to the center of a sanitary sewer manhole; thence N 27°05'W for 33.8 feet to a point on the West line of said tract of land and 314.5 feet North of the SW corner of said tract of land. Slid point being the terminus of said centerline. Right-of-way extends Northwesterly and Southeasterly until it intersects the West or South line of said tract of land. Right-of- way being further described are being 10 -feet either side of the sanitary sewer line, as constructed. 5 FOOT TEMPORARY CONSTRUCTION EASEMENT (see page -2) TO HAVE AND TO HOLD unto said Grantee, Its 'mason and issigns, so long as such pipe line or lines, man- holes and/or appurtenances thereto shaU be maintained, with ingress to and egreu from the real estate lint 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 sald premises except for the purposes hereMbefore 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 to appointed as aforesaid, and the written sward of :kb three persons shall be final and conclusive. The Grantor agrees not to erect any bididings or structures in said right of way other than fences and said fences shall not exceed sht (6) feet In height. • The Grantee shall have the right to construct additional pipe lines upon the above described easement et any time In the future and agrees to pay any damages as a result of such future corutructIon as set out In this easement. The consideration first above recited as being paid to Grantor by Grantee Is in hill satisfaction of every right hereby granted. MI covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns off the parties hereto. 211 Is hereby understood and agreed that the party securing thh grant in behalf of the Grantee is without authority to snake any covenant or agreement not herein expressed. 19 qI . WITNESS our hands and seals on this 411 day of (1114. City o F yettev lle !ter Fred S. Vorsanger, M Cadoneraere--. Sherry LV Thomas, City Clerk LIBER1408NGE946 t't) ACKNOWLEDGMENT State of Arkansas ss County of Washington ), On this L414 day of Arlen_ 1 19411 i 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 stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. A 44114 w, phis IN TESTIMONY WHERE, I re,hereunto set my hand and official seam day of 'it OTA,()-%bA t.,41k% ,-dMyfOgili4Silion expires: ymN0Au a't‘ tizipti 2-coi .LLA L Nota CO -AA -4 y Public 5 FOOT TEMPORARY CONSTRUCTION EASEMENT A 5 -foot strip of land abutting to and parallel with the Easterly line of the above described Permanent right-of-way grant and a 5 -foot strip of land abutting to and parallel with the Westerly line of the above described permanent right-of-way grant. • LIM 1408116E947