HomeMy WebLinkAbout20-94 RESOLUTIONRESOLUTION NO. 20-94
A RESOLUTION APPROVING THE CONSENT JUDGMENT IN
CITY OF FAYETTEVILLE VS. SONNEMAN. CIV 93-620.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. 'That the Council hereby authonzes the legal department to execute the
Consent Judgment in which just compensation is agreed to be S3.500.00 for a permanent water
and sewer casement across property located at 653 W. 6th Street. A copy of the Consent
Judgment is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 1st day of February , 1994.
ATTEST:
By:
Sherry
omas, City Clerk
APPROVED:
J
J • I �'�� Li-1•ct/
By: %-'-1
Fred Hanna. Mayor
IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS
CITY OF FAYETTEVILLE, ARKANSAS
A Municipal Corporation.
vs.
No. CIV. 93-620
E.H. SONNEMAN and BEATRICE M. SONNEMAN,
Husband and Wife, as Sellers:
CLEVE CARLISLE and VICKI CARLISLE,
Husband and Wife, as Buyers; and
EARL GILBERT and KATHY GILBERT,
Husband and Wife, as Buyers.
ON the /day o
for hearing on the amount of com
PLAINTIIF
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DEFENDANTS)
199 this cause came on
tion to be awarded to the
defendants, E.H. Sonneman and Beatrice M. Sonneman, as Sellers,
Cleve Carlisle and Vicki Carlisle, as buyers, and Earl Gilbert and
Kathy Gilbert, as buyers, for the taking of a utility easement over
and across real property located in Washington County, Arkansas,
and being more particularly described
Consent Judgement.
The Plaintiff and Defendants have agreed on $3,500.00 as
compensation for the easement taken herein.
The sum of $1,450.00 has been deposited into the registry of
Court, and an additional deposit of $2,050.00 shall be made.
Defendants are the owners of the land over and across which
said easements are taken and title to said easements shall be
vested in Plaintiff. Plaintiff should pay Defendants the amount
agreed upon as just compensation, such sum being the amount of
$3,500.00.
The separate defendant, Beatrice M. Sonneman, a/k/a Willa
Beatrice Sonneman, is deceased. Separate defendant, E.H.
in Exhibit "A" to
the
this
just
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Sonneman, surviving spouse of Beatrice M. Sonneman,has assigned all
right, title and interest in and to the proceeds from the
litigation to separate defendants, Cleve Carlisle and Vicki
Carlisle, husband and wife, and Earl Gilbert and Kathy Gilbert,
husband and wife. The Affidavit and Assignment are attached hereto
and made a part hereof as Exhibit "B" and Exhibit "C".
IT IS, THEREFORE, CONSIDERED, ORDERED AND ADJUDGED, that
title to the easement described in Exhibit "A" attached hereto and
condemned herein be, and is hereby vested and confirmed in the City
of Fayetteville, Arkansas. That $3,500.00 is just compensation for
the easements taken herein. That an additional sum of $2,050.00
shall be paid into the registry of the Court and distribution shall
be made from Plaintiff's total deposit of $3,500.00.
APPROVED AS TO FORM:
By
aayle M." tScCarty #89227
Attorney for Plaintiff
CIRC T JUDGE
By:
t'
Ri'chard P. Osborne f73070
Attorney for Defendants
Cleve Carlisle and Vicki Carlisle
and Earl Gilbert and Kathy Gilbert
EXHIBIT "A" TO CONSENT JUDGMENT
Property Description:
Part of Lot Eleven (11) in Block Twenty-three (23) of
Ferguson's Addition to the City of Fayetteville, being a
part of the Southeast Quarter (SE1/4) of the Southwest
Quarter (SW1/4) of Section 16, Township 16 North, Range
30 West, Washington County, Arkansas, as described in
Deed Book 92-67375 of the Circuit Clerk and Ex -Officio
Recorder of Washington County, Arkansas, LESS AND EXCEPT
that part of said property in the possession of and/or
conveyed to the Arkansas State Highway Commission.
Permanent Easement:
A permanent utility easement located along and contiguous
to the South right of way line of Arkansas Highway 180,
being more particularly described as follows: From the
Southeast corner of the SE1/4 of the SW1/4 of said
Section 16, thence North 02`12'42" East along the East
line of said SE1/4 of the SE1/4 a distance of 281.03 feet
to a point on the South right of way line of Arkansas
Highway 180 for the Point of Beginning; thence along said
South right of way line North 72°49'31" West 45.43 feet;
thence North 86°51'41" West 50.00 feet; thence South
86`51'41" West 41.12 feet to a point on the West line of
said Lot 11; thence along the West line of said Lot 11
South 02'09'10" West 0.50 feet; thence leaving said West
line South 86°51'41" East 90.95 feet; thence South
02`09'10" West 22.00 feet; thence South 87'21'49" East
53.57 feet; thence North 00°24'16" East 13.20 feet to a
point on the South right of way line of Arkansas Highway
180; thence along said South right of way line North
72°49'31" West 9.62 feet to the Point of Beginning, said
permanent utility easement contains 1,434 square feet,
more or less.
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J'M ARMON
TOMMY MILLS
• 'Amoy . T4L4nnGfJ'AsleJ1
20e0 W CEN -ER STREET
FAYE•TEVIL LE ARKANSAS T2101
'E.-EP-IONE 442 T3IJ
EXHIBIT "B" TO CONSENT JUDGMENT
STATE. 01 ARKANSAS )
COUNTY OF WASHINGTON )
1.
1]in :armon
A F F T ll A V: T
hereby certify that according tc the
records at Moore's Chapel. Fayetteville, Arkansas. this firm
received the reTa_ns of and condjc:.ed the Funeral Service for
Willa Beatrice Sonreman, who died March 28, 1989 at Prai^ie
3rcve, Arkansas. Fbnera'• Services were held April 1, 1989 at
Moore's Ciarel and "tternent was ir. Rose -awn Me-rcr:al Park,
Little Rock, Arkansas.
MOORE'S 'APEL
By
ESTABLISHED 181110
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Subscribed and sworn :o before me this 25 day ct
October 1993.
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My Ccmmiss:on Expires:_ cp-tpthpr_E, 2fC1
MEMBER BY NVITATION
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EXHIBIT "C" TO CONSENT JUDGMENT
ASSIGNMENT
I, E.H. Sonneman, surviving spouse of Beatrice M.
Sonneman, for and in consideration of the sum of One Dollar
(51.00), and other good and valuable consideration, the
receipt of which is hereby acknowledged, hereby grant;
bargain, sell, and assign unto Cleve Carlisle and Vicki
Carlisle, husband and wife, and Earl Gilbert and Kathy
Gilbert, husband and wife, all right, title, and interest I
have in and to the proceeds from the following litigation:
1. City of Fayetteville, Arkansas, a Municipal
Corporation vs. E.H. Sonneman and Beatrice Sonneman, Husband
and Wife, as Sellers; Cleve Carlisle and Vicki Carlisle,
Husband and Wife, as Buyers; and Earl Gilbert and Kathy
Gilbert, Husband and Wife, as Buyers, Washington County,
Arkansas, No. CIV -93-620.
2. Arkansas State Highway Commission vs. Cleve Carlisle
and Vicki Carlisle, His Wife, Earl Gilbert and Kathy Gilbert,
His Wife, E.H. Sonneman and Beatrice Sonneman, His Wife,
Mortgagees, Washington County No. CIV -93-106.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
on this ,.O day of September, 1993.
H. OS NNEMAN