HomeMy WebLinkAbout85-93 RESOLUTION•
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RESOLUTION NO. 85-93
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A
SETTLEMENT OFFER IN RE• GILBRECH V. HAVENS AND
CITY OF FAYETTEVILLE, E93-356, A QUIET TITLE ACTION
FILED IN THE WASHINGTON COUNTY CHANCERY
COURT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVII.1Y, ARKANSAS:
Sestio> i. That the Council hereby accepts the settlement offer In Re: Gilbrech v.
Havens and City of Fayetteville, E93-356, a quiet title action filed in the Washington County
Chancery Court. A copy of the Consent Decree authorized is attached hereto marked Exhibit
"A" and made a part hereof.
PASSED AND APPROVED this lat. day of August , 1993.
ATTEST:
By:
APPROVED:
By: �/ lL
Hanna, Mayor
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IN THE CHANCERY COURT OF WASHINGTON COUNTY, ARKANSAS
9.09
RAYMOND GILBRECH, JR. and
CAROLYN GILBRECH, Husband and Wife PLAINTIFFS
VS. NO. E. 93-356
JERRY HAVENS and VICKI HAVENS,
Husband and Wife
CITY OF FAYETTEVILLE
CONSENT DECREE
DEFENDANTS
Now on this 17th day of A„gugt , 1993, comes on for
hearing the complaint of the plaintiffs seeking to quiet title; .
the parties having announced ready; the plaintiffs represented b'
Charles L. Harwell of CYPERT, CROUCH, CLARK & HARWELL, the
defendants, Havens, being represented by David Horne of KINCAID,
HORNE & TRUMBO; the defendant, City of Fayetteville, being
represented by Assistant City Attorney, LaGayle McCarty; the
parties having stipulated to the salient facts and agreeing to
the following terms, which terms are approved by the
1. The Court has jurisdiction over the subject
the parties.
2. The City of Fayetteville has an alleyway between the
properties of the plaintiffs and the defendants, Havens, and the
legal description of that segment of the alleyway which adjoins
the properties of the plaintiffs and defendants, Havens, is as
follows:
An Alley located in Rodgers Place, a Subdivision to the City
of Fayetteville, Arkansas, per the plat of said Subdivision
Court:
matter and
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on file in the Office of Circuit Clerk and Ex -Officio
Recorder of Washington County, Arkansas, said alley being
located between Lots Numbered 1 and 2 in Block Numbered 3
and Lots Numbered 1 and 2 in Block Numbered 1 of said
Rodgers Place Subdivision.
3. The parties agree that the width of the City of
Fayetteville's alley is approximately 20 feet more or less and
the City of Fayetteville agrees to vacate said alleyway pursuant
to the provisions of Paragraph 5 hereinafter.
4. Pursuant to state law, the property of the vacated
alleyway shall revert one-half each to the adjacent property
owners. The parties agree that the boundary line between
Gilbrech and Havens, following the vacation of the alleyway,
shall be as follows:
A boundary line between Lots 1 and 2 in Block 1 and Lots 1
and 2 in Block 3 shall be a line 10 feet south of and
parallel with a stone wall that is located on Lots 1 and 2
Block 1 and being also described as beginning at a point
which is south 0 degrees 07' 13" West 10.0 from an existing
stone wall at the Southwest Corner of said Block 1, thence
South 89 degrees 54' 50" East 100.0 to the Point of Ending.
5. Although there are no utilities with existing facilities
in the portion of the alleyway vacated herein, as a condition of
the City's vacation of the alleyway, a reservation of a utility
easement is necessary. The parties agree that a utility easement
shall be reserved upon the plaintiffs' property, the legal
description of which easement shall be as follows:
An easement twenty feet in width across the northernmost
portion of the property described in paragraph 6 herein.
The easement shall be for ingress and egress for public utilities
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for the purpose of laying, repairing, inspecting, maintaining,
removing or replacing said utilities' lines and facilities.
6. Titled is hereby confirmed in the Gilbrechs in the
following property, subject to easement provided above:
Lots 1 and 2, Block 3, in Rodgers Place, a subdivision to
the City of Fayetteville, Arkansas, per the plat of said
Subdivision on file in the Office of Circuit Clerk and Ex -
Officio Recorder of Washington County, Arkansas, and also a
tract being more particularly described as follows:
Beginning at the Northwest corner of Lot 1 Block 3; thence
North 0°07'13" East 14.24 feet along the West Boundary of
said Subdivision; thence North 89°54'50 West 100.0 feet;
thence south 0°07'13" West 12.98 feet to the Northeast
corner of Lot 2 in block 3,; thence along the North boundary
of Block 3 South 89°22'05" West 100.0 feet to the POINT OF
BEGINNING.
7. Titled is hereby confirmed in the Havens in the
following property:
Lots 1 and 2, Block 1, in Rodgers Place, a subdivision to
the City of Fayetteville, Arkansas, per the plat of said
Subdivision on file in the Office of Circuit Clerk and Ex -
Officio Recorder of Washington County, Arkansas, and also
part of a vacated alley, said vacated alley being located
between Lots Numbered 1 and 2 in Block Numbered 3 and Lots
Numbered 1 and 2 in Block Numbered 1 of said Rodgers Place
Subdivision, and being more particularly described as
follows:
Beginning at an existing stone wall at the Southwest corner
of said Block 1; thence along said wall South 89°54'50" East
100.0 feet; thence leaving said stone wall South 0°07'13"
West 10.0 feet; thence North 89°54'50" West 100.0 feet to
the West line of said Rodgers Place Subdivision; thence
North 0°07'13" East 10.0 feet to the POINT OF BEGINNING.
7. Any other issues of the complaint of the plaintiffs, not
specifically addressed herein, are dismissed with prejudice.
IT IS, THEREFORE, BY THE COURT CONSIDERED, ORDERED, ADJUDGED
AND DECREED that the title to the lands described in paragraph 6
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be quieted and confirmed in the plaintiffs, as against the
defendants herein specifically named, their spouses, unknown
heirs, executors, administrators, successors and assigns, if
as well as against all other persons, firms and corporations
whatsoever.
IT IS FURTHER CONSIDERED, ORDERED, ADJUDGED AND DECREED that
the title to the lands described in paragraph 7 be quieted and
confirmed in the defendants, Havens, as against the plaintiffs
any,
herein specifically named,
executors, administrators,
their spouses,
successors and
unknown heirs,
assigns, if any, as
well as against all other persons, firms and corporations
whatsoever.
IT IS FURTHER CONSIDERED, ORDERED, ADJUDGED AND DECREED that
a utility easement shall be reserved upon the plaintiffs'
property, the legal description of which easement shall be as
follows:
An easement twenty feet in width across the northernmost
portion of the property described in paragraph 6 herein.
and that the purposes of said easement shall be for ingress and
egress for public utilities for the purpose of laying, repairing,
inspecting, maintaining, removing or replacing said utilities'
lines and facilities.
IT IS THE FURTHER ORDER OF THIS COURT that the plaintiff pay
the costs of this action and that all parties bear their own
attorneys fees.
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IT IS SO ORDERED.
APP-OVED:
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Chancellor
arles arwell, Attorney
r ntiffs
Davi• • ne, Attorney
for Defendants, Havens
LaGayle McCarty, Attorney
for Defendants, City of
Fayetteville
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