HomeMy WebLinkAbout32-94 RESOLUTION7FOCRD
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RESOLUTION NO. 32-94
A RESOLUTION AUTHORIZING THE MAYOR AND ('1TY
CLERK TO EXECUTE. A RIGHT OF WAY GRANT
CONVEYING A PERMANENT UTILITY EASEMENT AND
A 'I'LMPORARY CONS"IRUCTION EASEMENT ACROSS
INDUSTRIAL PA tK PROPERTY FOR INSTALLATION AND
MAINTENANCE OF THE 36" WATER TRANSMISSION LINE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council hereby authorizes and directs the Mayor and City
Clerk to execute, a Right of Way Grant conveying a permanent utility easement and a temporary
construction easement across Industrial Park property for installation and maintenance of the 36"
water transmission line. A copy of the Right of Way Grant authonzed for execution is attached
hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this _last day of March 1994.
ATTEST:
By:e
Sherry L 1 Phomas, City Clerk
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APPROVED:
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By: �
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Fred Hanna, Mayor
94012936
Y I3VRS
TRACT NO. S-123/ 124
Project No. n: 59114
Parcel Nu. 15860-0110
RIGIIT OF WAY GRANT
STATE OF ARKANSAS
BE IT KNOWN BY THESE PRESENTS:
COUNTY OF WASHINGTON
That the City of Fayetteville, a municipal corporation, (berm styled Grantor). for and in
consideration of the sum of One Dollar (E:.00) ar.d other valuable considerations, cash in hand paid
by the City of Fayetteville, the receipt of which is hereby acknowledged, do hereby GRANT, SOLI.
AND CONVEY to the City of F: yettevihe, 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 Iraismission line, 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 DESCRIII''LON:
A part of the Northwest Charter (NWV) AND a part of the Northwest Quarter (NWSS) of the
Northeast Quarter (NESS) AND a part of the West Half (WS) of the Southwest Quarter (SWIS)
of Section 33, Township 17 North, Range 30 West, as described in Decd Book 1376 at Pages 505,
510, and 516-520 of the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County.
Arkansas.
PERMANENT EASEMENT DESCRIPTION:
A thirty (30) fool permancn utility easement of equal and uniform width located across a part of
the above described property and being 5,947 feel, more or Icss, in length, said easement being
fifteen (15) feet on both sites of the centerline of said easement, said centerline being more
particularly described as follows: From the Northwest corner of the Southwest Quarter (S W 1) of
Ibe Southwest Quarter (SWN) of said Section 13; Malec South 87" 19' 46' East 330.02 feet thence
South 02" 29' 28' West 33C.00 feel; thence South 87" 19' 46' East 31 06 feel to the Point of
Beginning of said centerline. said Point being 40 feel East of the centerline of Deane Solomon
Road; thence North 02' 42' 50" East running 40 feet Fast of and parallel with the centerline of
Deane Solomon Road for a sistance of 2,310.09 feet; thence North 70 54' 14' Fast 1,531.04 feel;
thence North 3800'26• East a distance of 279.89 feet; thence North 66.02'36' East a distance
of 1101.60 feel to a point 15 feet West of the East line of the above described property; thence
North 02"27'12'East running 15 feet West of and parallel with the East line of the above described
property a distance o1 724:18 feet to the north lint of said property. This permanent utility
casement contains 4.10 acres, more or less. The bearings for this description are based on the City
of Fayetteville Global Fashioning Satellite System, which may vary from the bearing system
previously used in describing the subject property.
TEMLOBAUSESSIRIlaJON EMINENT DESCR[Pf1ON:
A temporary construction easement fifty (50) feel in width being parallel with and contiguous to
the ahnvc described permanent utility easement and situated on the South side of the
Northeast/Southwest portion of said casement and on the East side of the North/South portion of
said casement along the West side of the above described property and on the West side of the
North/South portion of said casement along the East side of the above described property. This
temporary construction easement contains 6.83 acres. more or Icss, and shall terminate when the
hereinabove referenced project has bees completed and accepted by the City of Fayetteville,
Arkansas.
10 HAVE AND TO HOLD unto said Grantee, its successors and assigns, so lor.g as sack pipe
line or lines. manholes and/or appurtenances thereto shall be maintained. with ingress to and egress
from the real estate first F.ereinabove described fol tae purpose of constructing. inspecting, main:airing
and repairing said lines, manhohs and appurtenances of Grantee above described, and the removal,
renewal and enlargement of sun al will. in w:Iole or in pas.
94013937
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RIGHT OF WAY GRANT
City of Fayetteville
Tract No. S-123/124
Page 2 of 3
The said Grantor is to fully use and er.joy the said premises except for tate 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 sof:, and that manholes will he constructed
flush with the surface of the ground except in bottom lands where they shall he 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 Iwo so appointed as aforesaid, and
the written award of such three persons shall he 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. I: is Ilse understanding of all parties to
this agreement that the Grantor shall not he regt.ired to remove or madly any permanent structure
or building located within the above described temporary construct:on easement at the time of the
execution of this Right of Way Grant.
The Grantee shall have the right to construct additional pipe lines upon the above desrr:hed
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 heren 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 :he party securing this grail in behalf of the Grantee
is without authority to make any covenant or agreement not hereir expressed.
WITNESS the execution hereof this the itt day of %i'Gwe.i- 199 9
ATTEST:
BY:
Sherry Thornas,crity Clerk
City of Fayetteville, a mimic'pal co•poration
f/4vFred, Mayor
(Seal)
94013938
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• RIGHT OF WAY GRANT
City of Fayetteville
Tract No. S-123/124
Page 3 of 3
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
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13E 1T REMEMBERED, that on this day came before the undersigned, a Notary
Public, within and for the County and State aforesaid, duly commissioned and acting, personally
appeared, Fred B. Hanna and Sherry Tnomas to me well known. who stated that they are the
Mayor and City Clerk of the City of Fayettevil:e, Arkansas a municipal corporaton, and are duly
authorized it their resper;ive capacities to execute the foregoing instrument for and in the name and
behalf of said corporation, and ft rther stated and acknowledged that they had so signed, executed and
delivered said instrument for the consideration, uses and purposes therein mentioned and set forth
WITNESS my hand and seal on this % day of �� , 199 te
MY COMMISSION EXPIRES
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S otary Public
9401°9:'9
4
FAYETTEVI I LE
THF CITY OF FAYETTEVILLE ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fayetteville City Council
Thru: Fred Hanna, Mayo=
Kevin Crosson, Public Works Director
From: Sid Norbash, Staff Engineer Vin
Date: February 11, 1994
Re: 36" Water Transmission Line - Southern Segment
Right of Way Grant Approval
North Industrial Park - Tract No. S-123/124
Request is hereby being made for approval of an ordinance by the
City Council for execution by the Mayor and the City Clerk of the
attached Right of Way, granting a 30 foot wide permanent and a 50
foct wide temporary construction easement.
This right of way acquisition is a part of the ongoing effort to
secure easements for the south portion of 36" water transmission
line, it is necessary to secure an easement from the City of
Fayetteville, because a section of this line will cross a large
portion of the North Industrial Park.
For additional information please refer to the attachments
submitted.
SN/sn
Attachments:4
.41
FAA 11J J�T I I1I _Ali
THE CITY OF FAYETTEVILLE ARKANSAS
DEPARTMENTAL CORRESPONDENCE
MEMORANDUM
DATE. February 15, 1335
TO: Don Bunn, City Engineer
FROM: Ed Connell, Land Agent ek/
SUBJECT: City Council Agenda Item for
Right of Way Grant Approval
North Industrial Park - tract No. S-123/124
36" Water Transmission Line - Southern Segment
As part of the ongoing effort to secure easements for the south portion of the 36" water transmission line,
it is necessary to secure an easement from the City of Fayetteville as a section of this line will cross a large
portion of the North Industnal Park.
An ordinance needs to be proposed and presented to the City Council for approval of execution by the Mayor
and City Clerk of the attached Right of Way Grant granting a 30 foot wide permanent and a 50 foot wide
temporary construction easement. •
Total distance of the proposed easements is 1.13 miles (5,947 feet) and includes 4.10 acres of permanent
easement and 6.83 acres of temporary construction easement. As indicated on the attached diagram and
aerial photos, the easement (and water line) begin in the southwest corner of the park property at Dean
Solomon Road, parallels Dean Solomon Road north for a distance of 2,311 feet to the south side of Clabber
Creek, then runs northeast along the south side of Clabber Creek for a distance of 2,912 feet to the east line
of the property, then runs north, paraf el to the east line for a distance of 724 feet to the north line of the
park property.
Attached you will also find the following information for the two easements involved:
1) Right of Way Grant conveying the right to use the described easement areas for
the purposes intended.
2) City plat indicating the general location of the subject property.
3) Tract plat indicating the required easement areas.
No+ Initael,C Aerial photos overlaid with the water line routing and easement areas.
XWarranty Deeds covering City ownership of the subject property_
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Attachments
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