HomeMy WebLinkAbout168-92 RESOLUTION•
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RESOLUTION NO. 168-92
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF FAYETTEVILLE, DAVID RANDLE AND
JEANE RANDLE, AND LARRY LIPE, PRESIDENT OF
BURGE CONSTRUCTION CO. TO SETTLE THE FOLLOWING
LAWSUITS: CITY OF FAYETTEVILLE. ARKANSAS V.
BURGE CONSTRUCTION CO.. INC., CIV 92-786, CITY
OF FAYETTEVILLE V. DAVID S. RANDLE AND JEANS
W. RANDLE, CIV 92-785, AND DAVID RANDLE AND
JEANNIE RANDLE, HUSBAND AND WIFE V. BOARD OF
ADJUSTMENT OF THE CITY OF FAYETTEVILLEJ
ARKANSAS, CIV 91-308.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
111111111.
Section 1. That the Board of Directors hereby approves the
agreement between the City of Fayetteville, David Randle and Jeane
Randle, and Larry Lipe, President of Burge Construction Co., Inc.,
settling the following lawsuits: City of Fayetteville. Arkansas v.
Burge Construction Co., Inc., CIV 92-786, City of Fayetteville v.
David S. Randle and Jeane W. Randle, CIV 92-785, and David Randle
and Jeannie Randle, Husband and Wife v. Board of Adjustment of the
City of Fayetteville, Arkansas, CIV 91-308 as more fully set forth
and attached hereto as Exhibit A and made a part hereof.
PASSED AND APPROVED this 20th day of October , 1992.
ATTEST:
By
APPROVED:
By: 9,
Mayor
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AGRSIDONT
THIS AGREDIENT, entered into this ,t oft - day of mr
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1992, by and between Hr. David Randle and Hrs. Jeans Randle,
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hereinafter called "Randle", Burge Construction Co., hereinafter
called "Burge", and Bert Rakes, Land Agent for the City of
Fayetteville and LaGayle D. xccarty, Assistant City Attorney,
hereinafter called "City":
W I T N E S S E T H:
MODEMS, the widening of North Street is a priority project
which is funded Bo% by the Arkansas State Highway Department; and,
fiMODRrsAS, in furtherance of such project, the City of
Fayetteville has condemned by eminent domain certain easements over
and across the Randle and Burge Property as needed :or such street
widening project; and,
IMOM BAS, there are some discrepancies concerning the
blaundrrin of the Randle and Burge property; and,
MKEREAS, the patties wish to resolve any such discrepancies
and facilitate the widening of Horth Street for the benefit of all
parties, as well as the public in general.
NM, TSg2POR£, in consideration of the covenants and
conditions stated herein, and in consideration of the mutual
benefits which will accrue to each of the parties hereof, as well
as the general citizenry of Fayetteville, the.parties have agreed
and do hereby agree as follows:
1. city of Fayetteville, Arkansas, A Municipal Corporation
v. Burge Construction co., Inc., NO. CIV. 92-786, shall be settled
and the total amount of 520,000.00 shall be established as just
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compensation for the taking. Title to the subject property shall
vest in the City. An Agreed order shall be presented to the Court.
2. City of. Fayetteville, Arkansas, a Municipal Corporation
v. David S. Randle and Jeane W. Randle, NO. CIV 92-785, shall be
dismissed.
Possession of the subject property shall return to
Randle and the estimated just compensation shall be remitted to the
City.
3. David Randle and Jeannie Randle, Husband and Wife, v.
Hoard of Adjustment of the City of Fayetteville, Arkansas, No. CIL.
91-308 shall be settled with a variance for an eighteen foot front
oat -bask rathor than this twenty -41m fon' rattuired.
4. The City shall convey to Randle by quit claim deed that 12
foot portion immediately in front of the Randle building and that
portion of the previous right -of -Way acquisition not needed for
street right-of-way, subject to an easement for access to the
culvert and wing wall on the west side of the property and a
drainage easement as required and for utility easements for
existing utility lines.
5. Randle agrees to pay and Burge agrees to accept the sum of
$80,000.00 for the purchase of the Burgs property. Said payment
shall be paid as follows:
a. The sum of 526,666.67 shall be paid upon entering into a
cwnt-s•CI.t 4t sola which rcflaoto the conditions And covenants
contained herein between Burge and Randle, said contract �f sale
be entered into within thirty days of this agreement.
b. The final payment of 553,333.33 shall be paid on
before
March 15, 1992. Burge shall provide a good and clear
to
or
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title, and the eaao shall pact to Randle nn *ha data Aaai 0nmtad fnr
final payment.
6. Kunale shall convey any temporary construction sa:.cmanta
which may be required for the North Street project.
7. Inspection and repair, up to the amount of $1,500.00,
shall be made by surge of a "soft spot" located in the northeast
corner office. Any repairs of the "soft spot" over $1,500.00 shall
be the responsibility of Randle.
8. The sale is subject to the inspection of the air
conditioning and heating and the same being in workable order.
9. Currently there is a tenant in the Burge building who
leases on a month to month basis. Said sale is subject to proper
notice being given for vacation of the premises or negotiation of
a new lease.
10. The above agreement is subject to approval by the Board
of Directors.
IN wITNESS WRKREOF, we hereunto set our hands this ° a -,0t
day ataxia.) , 1992.
CITY OYETTEVILLE, ARKANSAS
1% r Rakes, Land AgenAK t
Bmak
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LaGayl s• McCarty
Assistant City Attorney
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B CONSTRUCTION COMPANY,INC.
Bycar
Larry
Cc) Parties will pay the closing.costs normally
assessed toast buyer and seller. Items and costs
such as taxes, insurance, rental deposits, or rents
which ars customarily prorated between buyer and
seller shall be'prorated as of the date of sale,
athIL
Randle's performance of this contract•chall be
contingent upon Burge providing Randle a certificate
of inspection by a liecnaed ternitnocumpany Inspector to
for the Northeast section of the office( "Mary's
office''), certifying that this portion of the office
is fres from termite infestation, and damage, or the
infestation or damage shall be repaired at Burge's
election.
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SPECIAL WARRANTY DEED
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FILED FOR RECORD
93 l9RR 19 HI 4 es
WASHINCNN CO AR
Jack Burgc Construction Company, a corporation incorporato4. KrdQ¢n,lwknws of
Arkansas, the Grantor, by its President duly authorized and empowered hereto, for and in
consideration paid by David Randle and Jeane Randle, as Grantees, the receipt of which is
hereby acknowledged, docs hereby grant, bargain, sell and convey unto said Grantees and unto
their successors and assigns, all of its right, title and interest in and to that certain strip or parcel
of land located in the County of Washington, State of Arkansas, more particularly described
below:
That portion of the NE'/SSW'/, of Section 9, T16N, R3OW, 6th P.M., Washington
County, Arkansas, described as follows:
Commencing at the intersection of the East-West centerline of said Section 9 and
Burlington Northern Railroad Company's Main Track centerline, as now located
and constructed, said intersection being distant 545.5 feet Westerly of the center
of said Section 9, as measured -along said East-West centerline; thence Westerly
along said East-West centerline to a point distant 25.0 feet Westerly of, as
measured at right angles to, said Main Track centerline, thence Southerly parallel
with said Main Track centerline a distance of 40.0 feet to a point, said point being
the Truc Point of Beginning of the parcel of land to he described; thence
Southerly parallel with said Main Track centerline a distance of 210.0 feet; thence
Westerly along a line drawn radially to said Main Track centerline a distance of
85.0 feet; thence Northerly parallel with said Main Track centerline a distance of
210.0 feet; thence Easterly radially to said Main Track centerline a distance of
85.0 feet to the Truc Point of Beginning.
To have and to hold the same unto the Grantees, and to their successors and assigns,
forever, with all the appurtenances, tenements and improvements thereto belonging.
And the Grantor, Jack Burgc Construction Company, hereby covenants with said
Grantees, David and Jcanc Randle, that it will forever warrant and defend title to said lands
against all claims or encumbrances done or suffered by Grantor, but against no other.
in testimony whereof, the name or the Grantor is affixed hereto by its President this 3rd
day of December, 1992.
Jack Burge Construction Company
B
Larry B. Li . , President
93 14078
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Acknowledgment
STATE OF OKLAHOMA
SS:
COUNTY OF TULSA
On this y j day of March, 1993, before the undersigned, a Notary Puhlic, duly
commissioned, qualified and acting, within and for said County and State, appeared in person the
within named Larry B. Lipc to me personally known, who stated he was the President of Jack
Burge Construction Company, an Arkansas corporation, and was duly authorized in his capacity
to execute the foregoing instrument for and in the name and behalf of said corporation, and
further stated and acknowledged he had so signed, executed and delivered the instrument for the
consideration, uses, and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, i have hereunto set my hand and official seal this 15±43 -
day
S_day of March, 1993.
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raLLAA yam- (oloam\_,
Notary Public
93 14079
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PROJECT: North Street
Improvements
AHTD Job No. Z-142-2
TRACT No. 3A
QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Fayetteville, a Arkansas municipal
corporation, Grantor, for One Dollar ($1.00) and other good and
consideration, to it paid by the David S. Randle and Jeane W.
Randle, Husband and Wife, Grantee, the receipt of which is hereby
acknowledged, does by these presents REMISE, RELEASE and liREveR
QUITCLAIM, without any covenants of warranty whatsoever andhwathogt
recourse to the Grantor, its successors and assigns, unto the sad
Grantee, its heirs and assigns, all of its right, tit) qd
interest, if any in and to that certain strip of parcel tf-3and,
located in the County of Washington, City of Fayetteville, ;,tate:f
Arkansas, more particularly described: m o 3
TRACT NO. 3A: xii.
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Part of the SW'I of Section 9, T -16-N, R -30-W: Beginning
at a point N 89°44'00" W 568.41' and S 00°59'09" W 38.39'
from the NE corner of said SW', thence N 89°48'46" W
84.95', thence Southwesterly along a curve to the left
with a radius of 3547.75' and a chord bearing and
distance of S 00°40'20" W 0.79', thence S 89°15'59" E
85.00', thence Northeasterly along a curve to the right
with a radius of 3462.75' and a chord bearing and
distance of N 00°44'49" E 1.61' to the Point of
Beginning.
SUBJECT, however, to all existing interests, including but not
limited to all reservations, rights-of-way and easements of record
or otherwise.
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EXCEPTING AND RESERVING, howewver, unto said Grantor, its
successors and assigns, all of the coal, oil, gas, casinghead gas
and all ores and minerals of every kind and nature underlying the
surfact of the premises herein conveyed, together with the full
right, privilege and license at any and all times to explore, or
drill for and to protect, conserve mine, take, remove and market
any and all such products in any manner which will not damage
structures on the surface of the premises herein coveyed, together
with the right of access at all times to exercise said rights.
If the premises are locally assessed, the Grantee, and for its
successors and assigns, by acceptance of this deed, agrees to
assume all locally assessed real estate taxes, outstanding and
otherwise, and any and all past, prestnt, pending and future
assessments of every nature whatsoever, which have been or may be
levied against the premises.
ALSO, the Grantee, and for its successors and assigns, by `-
acceptance of this deed, hereby releases and forever discharges the �-
Grantor, its successors and assigns, from any and all present or
future obligations of the Grantor, its successors and assigns,
including but not limited to the construction of or continued
maintenance thereto of any railroad fences, snow fences, road
crossings, cattle guards, gates, farm crossings, bridges, drainage
or irrigation pipes, if any, located and situated on the premises u
herein conveyed.
TO HAVE AND TO HOLD the above described premises unto the said
Grantee', heirs and assigns, forever.
IN WITNESS WHEREOF, City of Fayetteville, Arkansas, a Arkansas t
municipal corporation, has caused its corporate seal to be hereunto A
affixed and these presents. nto be executed by it duly authorized
officers this 314.)day of 6/I.c e(d111.1._ , 1992.
93 17173 '1'14
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ACCEPTED:
CITY OF FETTEV�LE
ViPX
By:
By:
F d Hanna, Mayor
Sherry/ L. Thomas, City Clerk
ACKNOWLEDGMENT (i' •
STATE OF ARKANSAS )
)ss:
COUNTY OF WASHINGTON)
By: A G'Gl. -tr
David S. Randle
By:
11)-1—y1C-Ptec
Jeane W. Randl
BE IT REMEMBERED, that on this date, before me, a Notary
Public within and for said County and State, duly commissioned and
acting, personally appeared David S. Randle and Jeane W. Randle, to
me well known as the person(s) who executed the foregoing Quitclaim
Deed and that they had executed the same for the consideration and
purpose therein mentioned and set forth.
. ,, , WITNESS my hand and seal on tyh/.i» 'J_i6day+ 4144„,
of � .1 A�2 1992.
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1ARY Notary Public
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\ ' ACKNOWLEDGMENT
STATE'OF ARKANSAS )
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COUNTY OF WASHINGTON)
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On this 3 — day of 17 cec rt6 tie ., 1992, 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 Hanna and Sherry L. 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.
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..iN flSTIMONY WHEREOF, I have hereunto set my hand and official
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QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS:
PROJECT:
AHTD Job
TRACT No
North Street
Improvements
No. Z-142-2
12A
THAT the City of Fayetteville, a Arkansas municipal
corporation, Grantor, for One Dollar ($1.00) and other good and
consideration, to it paid by the David S. Randle and Jeane W.
Randle, Husband and Wife, Grantee, the receipt of which is hereby
acknowledged, does by these presents REMISE, RELEASE and FOREVER
QUITCLAIM, without any covenants of warranty whatsoever and without
recourse to the Grantor, its successors and assigns, unto the said
Grantee, its heirs and assigns, all of its right, title and
interest, if any in and to that certain strip of parcel of land,
located in the County of Washington, City of Fayetteville, State of
Arkansas, more particularly described:
TRACT 12A:
Beginning at a point N 89°44'00" W 693.96' (along the
centerline of Section 9-16-30) and S 00°16'00" W 38.58'
from the Southeast Corner of the SE% of the NW's of said
Section 9, thence southerly along a 3587.75' radius curve
to the left a distance of 5.94', thence S 89°21'14" E
40.12', thence Northerly along a 3547.75 radius curve to
the right a distance of 6.26', thence N 89°49'00" W
40.11' to the Point of Beginning, containing 0.006 acres,
more or less (244.199 Sq.ft.).
SUBJECT, however, to all existing interests, including but not
limited to all reservations, rights-of-way and easements of record
or otherwise.
EXCEPTING AND RESERVING, however, unto said Grantor, its
successors and assigns, all of the coal, oil, gas, casinghead gas
and all ores and minerals of every kind and nature underlying the
surface of the premises herein conveyed, together with the full
right, privilege and license at any and all times to explore, or
drill for and to protect, conserve mine, take, remove and market
any and all such products in any manner which will not damage
structures on the surface of the premises herein conveyed, together
with the right of access at all times to exercise said rights.
If the premises are locally assessed, the Grantee, and for its
successors and assigns, by acceptance of this deed, agrees to
assume all locally assessed real estate taxes, outstanding and
otherwise, and any and all past, present, pending and future
assessments of every nature whatsoever, which have been or may be
levied against the premises.
ALSO, the Grantee, and for its successors and assigns, by
acceptance of this deed, hereby releases and forever discharges the
Grantor, its successors and assigns, from any and all present or
future obligations of the Grantor, its successors and assigns,
including but not limited to the construction of or continued
maintenance thereto of any railroad fences, snow fences, road
crossings, cattle guards, gates, farm crossings, bridges, drainage
or irrigation pipes, if any, located and situated on the premises
herein conveyed.
TO HAVE AND TO HOLD the above described premises unto the said
Grantee', heirs and assigns, forever.
IN WITNESS WHEREOF, City of Fayetteville, Arkansas, a Arkansas
municipal corporation, has caused its corporate seal to be hereunto
affixed and thesg presents to be executed by it duly authorized
officers this 3...n day of Dei cm/ha& , 1992.
92 84144
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ACCEPTED:
CITY OF FA,YETTEVILLE
By: •'�/l/il//!//,44A.
F ed Hanha, Mayor
By:
Sherry
JC/emaa�
Thomas, City Clerk
By: David S RX Y) VcLeF" Z
By:
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, duly commissioned and
acting, personally appeared David S. Randle and Jeane W. Randle, to
me„W,ei,l known as the person(s) who executed the foregoing Quitclaim
tlg,�cim t*.•that they had executed the same for the consideration and
4q rpase'.Stf%erein'.. mentioned and set forth.
•NOTark$s§ my hand and seal on thi
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My..COmm ssion Expires:
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STATE OF ARKANSAS
)ss:
COUNTY OF WASHINGTON)
ACKNOWLEDGMENT
7Gccn8c , 1992.
<Lie n �_
Notary Public
On this 31-S9day of Dec:FMP,c-:2 , 1992, 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 Hanna and Sherry L. 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.
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IN TESTIMONY WHEREOF, I have hereunto set my hand and official
seisiatWts.X.rday of OOEcc1t&Lt , 1992.
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QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS:
^II ; `CORD
'92 DEC 7 M 5 50
N GO AR
THAT WE the City of Fayetteville, a municipalicorpOtattqn for
and in consideration of the sum of One Dollar ($1.00) to us in hand
paid by the City of Fayetteville, a municipal corporation do hereby
grant, sell and quitclaim unto the said David S. Randle and Jeane
W. Randle, Husband and Wife, and unto their heirs and assigns
forever, the following described land, situate in Washington
County, State of Arkansas, to -wit:
A part of the Northeast Quarter of the Southwest Quarter
of Section 9, Township 16 North, Range 30 West,
Washington County, Arkansas, more particularly described
as follows:
Beginning at a point N 89`44'00" W 693.96' (along the
centerline of Section 9-16-30) and S 00°16'00" W 38.58'
from the Southeast Corner of the SE' of the KWh of
Section 9, Township -16 -North, Range -30 -West, thence N 890
49'00" W 105.44', thence S 14'52'00" E 45.56', thence S
89`49'00" E 29.70', thence N 00.11'00" E 14.00', thence
S 89'49'00" E 63.75', thence Northerly along a 3587.75'
radius curve to the right a distance of 30.00' to the
Point of Beginning, containing 0.08 acres, more or less.
TO HAVE AND TO HOLD the above described premises unto the City
of Fayetteville, a municipal corporation, heirs and assigns,
forever.
WITNESS our hands and seals on this � ° day of 12E -c r- rtS [-,t
1992.
ATTEST:
CITY OF FAYETTEVI LE
l /d�L
ye Fred Hanna, Mayor
By:
Thomas, City Clerk
STATE OF ARKANSAS
)ss:
COUNTY OF WASHINGTON)
ACKNOWLEDGMENT
On this 7J> day of Iii6c EMPiee. , 1992, 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 Hanna and Sherry L. 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.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official
seal :pis ,jS day of l)Fccf-, r3C /1 , 1992.
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'92 DEC 7 API 5 50
CO AR
'1EYER
UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
PROJECT: North Street
Improvements
TRACT NO. Randle
That for and in consideration of One Dollar ($1.00) and other valuable considerations to
the undersigned, Davis S. Randle and Jeane W. Randle, Husband and Wife, 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:
A part of the Northeast Quarter of the Southwest Quarter of Section 9,
Township 16 North, Range 30 West, Washington County, Arkansas, more
particularly described as follows:
EASEMENT DESCRIPTION:
A fifteen (15) foot wide permanent utility easement described as being four
(4) foot wide on the east and south and eleven (11) foot wide on the west and
north of the centerline of an existing sewer line. Said centerline described as
commencing at the northeast corner of said forty acre tract; thence West along
north line of said forty acre tract 753.4 feet; thence South 16.5 feet to an existing
manhole for the point of beginning; thence S 29 15'10" W 29.1 feet to an
existing manhole; thence S 16 46'50" E 42.1 feet to an existing manhole; thence
S 45°55'15" W 42 5 feet along an existing sewer line to the center creek.
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 line, 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 purpose
hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible,
to 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 and damages which may arise to growing crops or fences
from the construction, maintenance and operation as determmed 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 nght 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 contained shall
extend to and he binding upon the respective heirs, legal representatives, successors and assigns
of the parties hereto.
9r
64146
Page 2
Easement: Randle
It is hereby understood and agreed that the party securing this grant in behalf of the
Grantee is without authonty to make any covenant or agreement not herein expressed
WITNESS the execution hereof this the 3 R » day of b e-GEr /a e-(2 , 1992.
) Q S1/4 da_rdz„,)
,)
,(.(A.,./Lay.,
David S. Randle
GP -97We
Jeane W. Randle
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, duly commissioned and acting, personally appeared David S. Randle and
Jeane W. Randle, to me well known as the person(s) who executed the foregoing Utility
Easement, and that they have executed the same for the consideration and purpose therein
mentioned and set forth.
,�! i S my hand and seal on this __ day of Dec rc r3t-o2 , 1992.
ooTA ply 1 z
Fi
My Coiniitis4on Expires:
24A14/ // 200 7-
•
Notary Public
92 641,17
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Job No.:
Tract No.
TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
Z-142-2
: 14E
North of
Burge Bldg
THAT David S. Randle and Jeane W. Randle, husband and wife,
for and in consideration of One Dollar ($1.00), and other valuable
considerations, to them, cash in hand paid, by the Cifty )f „,
Fayetteville, Arkansas, its successors and assigns an exa4.us ye F
temporary right-of-way and temporary easement for the sole_pd pos o
necessary for Highway Construction, Job No. Z-142-2, together with.,
free ingress and egress, to, across, through and over the ¶olIowtftg j
lands situated in the County of Washington, State of Arkansas:
rn z rn
LEGAL DESCRIPTION ^' o F-+ o
o
O m
OD
A part of the Northeast Quarter of the Southwest Quare$
of Section 9, Township 16 North, Range 30 West'
Washington County, Arkansas, more particularly described
as follows:
Beginning at a point which is 37.00 feet right of and
perpendicular to Centerline Station 37+28.99, North
Street; thence North 89`49'00" West a distance of 85.00
feet to a point; thence in a Northeasterly direction on
a curve to the right having a radius of 3547.75 feet a
distance of 4.00 feet to a point on the proposed
Southerly right of way line of said North Street; thence
South 89'49'00" East along said proposed right of way
line a distance of 85.00 feet to a point on the existing
Westerly railroad right of way line of the Arkansas -
Missouri Railroad; thence in a Southwestly direction
along said existing railroad right of way line on a curve
to the left having a radius of 3462.75 feet a distance of
4.00 feet to the point of beginning and containing 0.01
acre more or less or 340 square feet more or less.
together with the rights, easements and privileges in or to said
lands which may be required for the full enjoyment of the rights
herein granted.
This temporary easement as conditioned above shall terminate
when Job No. Z-142-2 has been completed by the contractor and
accepted by the City of Fayetteville, Arkansas.
TO HAVE AND TO HOLD the same unto the said City of
Fayetteville, Arkansas and to its successors and assigns for and
during the term aforesaid and for the purposes hereinabove set
forth.
WITNESS our signatures on this
STATE OF ARKANSAS )
)ss:
COUNTY OF WASHINGTON)
day of
1 liU i _5 / �-Le
David S. Randle
1992.
9eane W. Randle C
ACKNOWLEDGMENT
BE IT REMEMBERED, that on this day came before the
undersigned, a Notary Public, within and for the County aforesaid,
duly commissioned and acting, David S. Randle and Jeane W. Randle,
his wife, to me well known as the Grantors in the foregoing
instrument, and stated that they had executed the same for the
consideration and purposes therein mentioned and set forth.
93 11171
14
•
•
•
WITNESS my hand and seal as such Notary P}tblic on this
day of l !Ef i 2 , 1992.
Notary Public
My Commission Expires:
)4 Il /(/ L c c)
L
93 17172