Loading...
HomeMy WebLinkAbout115-92 RESOLUTION• • RESOLUTION NO. 115-92 A RESOLUTION AUTHORIZING PAYMENT OF $90,238 FOR PERMANENT AND TEMPORARY EASEMENTS AS REQUIRED FOR THE INSTALLATION AND MAINTENANCE OF THE PROPOSED 36 INCH WATER MAIN ACROSS VANTAGE SQUARE PROPERTY ON JOYCE STREET. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Board of Directors hereby authorizes payment of $90,238 for permanent and temporary easements as required for the installation and maintenance of the proposed 36 inch water main across Vantage Square property, Tract Nos. 208-A, 208-B, 211, and 212 on Joyce Street. Copies of the Easements are attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 4th day of August , 1992. ATTEST: By APPROVED: By: ACCOUNT M WEEN 8/05/92 AMOUNT Unit 1 111 HIENCE Easement INYUA E Al1UUll I AMU RETURN DISCOUNT IIIJ AMU0Nu CITY OF FAYETTEVILLE, FAYETTEVILLE, AR 30076.39 WM OF amen. l! FAfIRMDA MIWM •1411 \ ""Mr PAY TO THE ORDER OF INS CHECK MUST SE PRESENTED WITHIN 90 DAYS FROM DATE CITY OF FAYETTEVILLE FAYETTEVILLE AR CAPITAL IMPROVEMENTS CONSTRUCTION RIND 1447 CMN COOS 54447 No 0000826 A***30076DOLLARS AND 33 CENTS DATE NET AMOUNT 8/17/92 LINDSAY FAMILY TRUST, JAMES E LINDSAY TRUSTEE P.O. BOX 1174 FAYETTEVILLE AR 72702 00006 260 COB 390 1619T: 70007 B26 2),43 %z -s 130,076.33 � ' YT roar err .,. «.: • •.:. MrwTur,n rMIMI PIMATIA' ACCOUNT NUM TER, 8/05/92 • • YAM OF FAYETTEVILLE IMEIIDAM. MOWN EL111 PAY TO THE ORDER OF AMOUNT DAME I REFERENCE E t INVOICE AMOUNT AND RETURN DISCOUNT I NEI AMOUNT CITY OF FAYETTEVILLE, FAYETTEVILLE, AR CKCM MVSI SE PRESENTED YATIWI EO OA13 FROM DATE CITY OF FAYETTEVILLE FAYETTEVILLE, AI CAPITAL RIP OVUIN717E CONSTRUCTION FUND *447 CAIN CODE E/447 A U REALTY COMPANY VANTAGE SQUARE P.O. BOX 1174 FAYETTEVILLE ariver rem° 60161.6 7 N0.0000827 &***60161DOLLARB AND 67 CENTS DATE NET AMOUNT AR 72702 8/17/92 827 {60,161.67 D..G' ...,,,.....,._..� • • RIGHT OF WAY GRANT STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) That Vantage Square,* Joint Venture of A W. Realty and Lindsey Family Trust, for and in consideration of the sum of One Dollar (51.00) and other valuable considerations, cash in hand paid by the City of Fayetteville, the receipt of which is hereby acknowledged, do hereby GRANT, SELL AND CONVEY to 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, 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 the Southwest Quarter (SW1) of the Northwest Quarter (NW14) of Section 25 and part of the Southeast Quarter (SBA) of the Northeast Quarter (NBA) of Secuon 26, all in Township 17 North, Range 30 West, Washagton County, Arkansas, as described in Deed Book 1304 at Page 859 of the records of the Circuit Clerk and Bs -Officio Recorder of Washington County, Arkansas. PERMANENT EASEMENT DESCRIPTION* A permanent easement twenty-five (25) feet in width, being twelve and one-half (123) feet on both sides of the centerline of the water line constructed and referred to herein, said centerline being further described as follows: Begin ata point on the south right of way line of Joyce Street, said Point of Beginning being located 809.80 feet West and 7.40 feet South of the northeast corner of said SW14 of the NWi4 of Section 25; thence South 5e 43' 00' West 573.23 feet; thence South 166 30' 00' West 281.15 feet; thence North 7e 37' 00' West 214.76 feet thence North 56* 40' 00' West 128.04 feet; thence North 5e 34' 00" West 461.90 feet thence North 63* 55' 00' West 366.95 feet, more or Iess, to a point on the north line of Lot 8 of Vantage Square, said point being located 66.69 feet easterly along said north line from the northwest corner of said Lot 8 of Vantage Square. This permanent easement contains 1.17 acres, more or less. TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: A. A temporary construction easement of forty (40) feet equal and uniform width, the west line of said temporary construction easement shall be coincident with the east line of the twenty-five (25) foot wide permanent easement granted and conveyed herein, said temporary construction easement shall commence at the south right of way line of Joyce Street and as thence southwesterly with the permanent easement 855 feet. This temporary construction easement contains 0.79 acre, more or less, and as conditioned above, shall terminate when the hereinabove referenced project has been completed and accepted by the City of Fayetteville, Arkansas. B. Also a temporary construction easement of forty (40) feet equal and uniform width, the south line of said temporary construction easement shall be coincident with the north lino of the twenty-five (25) foot wide permanent easement granted and conveyed herein, said temporary construction easement shall commence on the north lino of Lot 8 of Vantage Square, and run thence southeasterly with the permanent easement 1,171 feet. This temporary construction easement contains 1.00 acre, more or lea, and as conditioned above, shall terminate when the hereinabove referenced project has been completed and accepted by the City of Fayetteville, Arkansas. 91 BURN TRACT NO. 212 Project No 91-5903 Revision 2 BE IT KNOWN BY THESE PRESENTS: • 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. Sas RIGHT OF WAY GRANT VANTAGE SQUARE Tract 212, Revision 2 Page 2 of 2 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 he 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 permanent 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 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 21 day of i992- A. W. Realty Company: BY: BY: VANTAGE SQUARE, a John Venture of: Lindsey Famil Trust: BY: President Secretary Jam E. Lindsey, Trustee • • • • ACKNOWLEDGMENT STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) BE IT REMEMBERED, that on this date, before me, a Notary Public within and for said Cad County andState, perso, nilly appeared Sku n) p Tb . & e nt , President, ►req �1 Secretary, of A. W. Realty Company, an Arkansas corporation, and James E. indsey , Trustee of the Lindsey Family Trust, to me well known as the persons who executed the foregoing document, and stated that they had executed the same in their respective capacities, for the consideration and purposes therein set forth. WITNESS my hand and seal on this 21 day of , 1992- . SS OFFICIAL SEAL KAREN DUTTON NOTARY PUBLIC -ARKANSAS WASHINGTON COUNTY MY CONN EXPIRES 6/1/2002 MY COMMISSION EXPIRES: Notary Public • • • 91BVRN TRACT NO 211 Project Na 91-5903 RIGHT OF WAY GRANT STATE OF ARKANSAS ) BE IT KNOWN BY THESE PRESENTS: COUNTY OF WASHINGTON ) That Vantage Square, a joint venture of A. W. Realty and Lindsey Family Trull, for and in consideration of the sum of One Dollar (51.00) and other valuable considerations, cash in hand paid by the City of Fayetteville, the receipt of which is hereby acknowledged, do hereby GRANT, SELL AND CONVEY to 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, 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 the Northwest Quarter (NWS) of the Northwest Quarter (N WS4) and part of the Northeast Quarter (NEN) of the Northwest Quarter (NWS) of Section 25, Township 17 North, Range 30 West, Washington County, Arkansas, as described as Tract 8 in Decd Book 1304 at Pagc 859 of the records of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. PERMANENT EASEMENT DESCRIPTION: A permanent easement thirty (30) feet in width, beiag fifteen (15) feet on both sides of the centerline of the water line constructed and referred to herein, said centerline being further described as follows: Begin at a pond on the east line of the above described property, said Point of Beginning being located North along said cast line 84 feet from the centerline of the pavement of Joyce Street and run thence Wcst 33.8 feet; thence South 78. 15' Wcst 146.9 feet; thence Wcst and parallel with the north right of way line of Joyce Street 441.0 feet; them= North 86.31' West 201.4 feet; thence South 50.56' West 215 feet to the north right of way line of Joycc Street. This permanent casement contains 037 acre, more or less. TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: A temporary construction easement of fifty (50) feet equal and uniform width, the south line of said temporary construction easement shall be coincident with the north line of the thirty (30) foot minimum width permanent easement granted and conveyed herein. This temporary construction easement contains 0.95 acre, more or less, and as conditioned above, shall terminate when the hereinabove referenced project has been completed and accepted by the City of Fayetteville, Arkansas. 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. RIGHT OF WAY GRANT VANTAGE SQUARE Tract 211 Page 2 of 2 The Grantee shall have the right to construct additional pipe lines upon the above described permanent 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 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 J / day of 199L.. A. W. Realty Company: BY: BY: VANTAGE SQUARE, a joint venture of: Lindsey Family Trust: BY: President v Jamas E Lindsey, Trustee ACKNOWLEDGMENT STATE OF ARKANSAS ) ss COUNTY OF WASHINGTON ) BE IT REMEMBERED, that on this date, before me, a Notary Public within and for said Countxx and State, personally appeared S+a n le 1>. 6 re Cv1 , President, and 6v -e3 b. (keeled -I , Secretary, of A. W. Realty Company, an Arkansas corporation, and James E. Lindsey , Trustee of the Lindsey Family Trust, to me well known as the persons who executed the foregoing document, and stated that they had executed the same in their respective capacities, for the consideration and purposes therein set forth. WITNESS my hand and seal on this OFFICIAL SEAL KAREN DUTTON NOTARY PUBLIC- ARKANSAS WASHINGTON COUNTY MY COMM. EXPIRES 6/1/2002 MY COMMISSION EXPIRES: Z1 day of ` v—t , 1992 - Notary Mk • • • • • RIGHT OF WAY GRANT 91BVRN TRACT NO. 208-B Project No. 91-5903 Revision 2 STATE OF ARKANSAS ) BE IT KNOWN BY THESE PRESENTS: COUNTY OF WASHINGTON ) That Vantage Square, a joint venture of A. W. Realty and Lindsey Family Trull, for and in consideration of the sum of One Dollar (51.00) and other valuable considerations, cash in hand paid by the City of Fayetteville, the receipt of which is hereby acknowledged, do hereby GRANT, SELL AND CONVEY to 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, 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 the Northeast Quarter (NE14) of the Northwest Quarter (NW1) of Sccliou 25, in Township 17 North, Range 30 West, Washington County, Arkansas, as described in Dccd Book 1304 al Page 859 and further described as Lots 4E, 4F and 4G of the Replat of Lot 4, Vantage Square, Unit 2 as per plat filed in Plat Book 11 at Page 68 of the records of the Circuit Clerk and Es -Officio Recorder of Washington Comely, Arkansas. PERMANENT EASEMENT DESCRIPTION[: A permanent easement thirty (30) feet is width, being fifteen (15) feel on both sides of the centerline of the water line as constructed and referred to herein, said centerline being further described as follows: Commence at a point 157.29 feet west of the cast line of said NE$ of the NW1 and 17.6 feet north of the north right of way line of Joyce Street, said point also being to calcd on the east line of said Lot 4G, said point being the true Point of Beginning; thence South 89 41' 00" West 381.96 feet, more or Icu, to the cast property line of Lot 4D of the Rcplat of Lot 4, Vantage Square, Unit 2. This permanent easement contains 0.28 acre, more or lass. TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: A temporary construction easement of fifty (50) feet equal and uniform width, the South line of said temporary construction easement shall be coincident with the north line of the thirty (30) foot wide permanent easement granted and conveyed herein; LESS and EXCEPT any permanent structure that exists within said temporary construction casement arca as of the date of this document. This temporary construction easement contains 0.44 acre, more or less, and as conditioned above, shall terminate when the hereinabove referenced project has been completed and accepted by the City of Fayetteville, Arkansas. 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. • RIGHT OF WAY GRANT VANTAGE SQUARE Tract 208-B, Revision 2 Page 2 of 2 • 1 The Grantee shall have the right to construct additional pipe lines upon the above described permanent 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 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 cc) day of , 199L. A. W. Realty Company: BY: BY: VANTAGE SQUARE, a joint venture of: STATE OF ARKANSAS President Secretary Lindsey Family Trust: BY: ACKNOWLEDGMENT ss COUNTY OF WASHINGTON ) Ada/ LAW James E. n Tey, Trustee BE IT REMEMBERED, that og this date, before me, a Notary Public within and for said County and State, personally appeared SkinlaL1 , President, and Com'- b. Ke r 1 e 1 , Secretary, of A. W. Realty Company, an Arkansas corporatiotand James E Lindsey , Trustee of the Lindsey Family Trust, to me well known as the persons who executed the foregoing document, and stated that they had executed the same in their respective capacities, for the consideration and purposes therein set forth. WITNESS my hand and seal on this 2-1 day of — 199 Z OFFICIAL SEAL KAREN DUTTON NOTARY PUBLIC - ARKANSAS WASHINGTON COUNTY MY COMM. EXPIRES 6/1/2002 MY COMMISSION EXPIRES: G s. r✓— buithsv, Notary PHK' • • • • RIGHT OF WAY GRANT STATE OF ARKANSAS COUNTY OF WASHINGTON ) 91BVRN TRACT NO. 208-A Project No. 91-5903 Revision BE IT KNOWN BY THESE PRESENTS: That Vantage Square, a joint venture of A. W. Realty and Lindsey Family Trust, for and in consideration of the sum of the Dollar (51.00) and other valuable considerations, cash in hand paid by the City of Fayetteville, the receipt of which is hereby acknowledged, do hereby GRANT, SELL AND CONVEY to 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, 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 the Northeast Quarter (NEN) of the Northwest Quarter (NW14) of Section 25, in Township 17 North, Range 30 West, Washington County, Arkansas, as described in Deed Book 1304 al Page 859 of the records of the Circuit Clerk and Bz-Officio Recorder of Washington County, Arkansas, LESS AND EXCEPT that potties lying welkin Lot 4 of Vantage Square as per the Rcplat of said Lot 4, as described is Plat Book 11 at Page 68 of the records of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. PERMANENT EASEMENT DESCRIPTION: / at A mammal easement thirty (30) feet alien width further further described as follows: Begin at a point oa the east line of said NE14 of the NW14, said Point of Begiaaiag being located oa the cast line of said property and on the sorlh right of way lime of Joyce Street; thence Wait along the north right of way line of Joyce Strcct 157.29 feet to the east line of Lot 40 of Vantage Square Lot No. 4 Addition Rapist as described is Plat Book 11 at Page 68 of the records of Ibc Circuit Clerk and fix -Officio Recorder of Washington County, Arkansas; thence North 01. 13' 12" West 32.60 feet; thence North 886 57' 05' East 15729 feet, more or less, to the cast lint of sail property; thence South 32.60 feet, more or less, along said cast line to the Point of Beginning. This permanent casement contains 0.12 acre, sore or less. TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: A temporary construction easement of fifty (50) feet equal and uniform width, the south line of said temporary comuraetioa casement shall be coincident with the north lice of the thirty (30) foot wide permanent easement granted and conveyed herein. This temporary construction casement contains 018 acre, more or less, and as conditioned above, shall terminate when the hereinabove referenced project hu been completed and accepted by the City of Fayetteville, Arkansas. 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. RIGHT OF WAY GRANT VANTAGE SQUARE Tract 208-A, Revision Page 2 of 2 • The Grantee shall have the right to construct additional pipe lines upon the above described permanent 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 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 A) day of A. W. Realty Company: BY• BY: VANTAGE SQUARE, a joint venture of: President Lindsey Fami : Trust: BY: ij� 4,, Jam E. " ndsey, Trustee ACKNOWLEDGMENT STATE OF ARKANSAS ) ss COUNTY OF WASHINGTON ) BE IT REMEMBERED, that on this date, before me, a Notary Public within and for said County and State, personally appeared Sign Ie -b. &Kell , President, and [errs, "D• Keri Secretary, of A. W. Realty Company, an Arkansas corporation, and James E Lindsey , Trustee of the Lindsey Family Trust, to me well known as the persons who executed the foregoing document, and stated that they had executed the same in their respective capacities, for the consideration and purposes therein set forth. WITNESS my hand and seal on this 14/ day of , 199_- . OFFICIAL SEAL KAREN DUTTON NOTARY PUBLIC -ARKANSAS WASHINGTON COUNTY MY COMM. EXPIRES 6/1/2002 MY COMMISSION EXPIRES: Notary Public