HomeMy WebLinkAbout54-94 RESOLUTION11110001.
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RESOLUTION NO. 5 4- 94
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A 20 FOOT WIDE UTILITY
EASEMENT ACROSS THE WEST PORTION OF LOT NO. 18
OF THE 1NDUSTRICAL PARK (SOUTH), FOR THE
INSTALLATION AND MAINTENANCE OF GENERAL
UTILITIES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Council hereby authonzes the Mayor and City Clerk to execute
a 20 foot wide utility easement across the west portion of Lot No. 18 of the Industrial Park
(South), for the installation and maintenance of general utilities. A copy of the easement is
attached hereto marked Exhibit "Aand made a part hereof.
PASSED AND APPROVED this 3rd day of May 1994.
ATTEST.
By:
APPROVED:
By:
1
Sherry E. Thomas, City Clerk
•
•
•
1
fki d ,,, no.
.41
t
ed Hanna. Mayor
94027147
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4
GENERAL UTIUTY EASEMENT
PROJECT: Ind. Pk. So.
TRACT NO: 18
PARCEL NO: 765-05398-000
STATE OF ARKANSAS
) BE IT KNOWN BY THESE PRESENTS:
COUNTY OF WASHINGTON
That for and in consideration of One Dollar ($1.00) and other valuable considerations to the
undersigned, the City of it ayetteville, Arkansas, a municipal corporation , (herein styled Grantor)
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 permanent easement to construct, lay,
remove, relay, replace, enlarge and operate a water and/or sewer pipe line or lines manholes,
natural gas, electrical power, and telephone and television communication line or lines. and
appurtenances thereto. or over. across, and under the following descnbed real estate to -wit:
PROPERTY DESCRIPTION
Lot No. Eighteen (18) of the Final Replat of Fayetteville Industrial Park, dated April, 1989, as
prepared by McClelland Consulting Engineers, Inc.; LESS AND EXCEPT the West 121.85 feet
thereof.
PERMANENT EASEMENT DESCRIPTION
A twenty (20) foot wide easement along the West side of said Lot 18; also being described as a
part of the Northwest Quarter (NW/4) of the Southeast Quarter (SE%) of Section 26, Township 16
North, Range 30 West, and more particularly described as commencing at the Northwest Corner
of said Section 26 and running South 01° 17 05" West 2,641.94 feet to the Northwest Corner of
Lot No. Nineteen (19); thence South 88° 52' 00" East 3,157.08 feet to the Northeast Corner of Lot
No. Twenty-one (21), thence continuing South 88° 52' 00" East 100 feet; thence along a curve
to the left an arc distance of 130.90 feet, said curve has a delta angle of 150° 00' 00" and a
radius of 50.00 feet, thence South 78° 45' or East along the North line of said Lot No. 18 a
distance of 28.99 feet to the POINT OF BEGINNING; thence South 01° 09' 00" West 993.45 feet
to the South line of said Lot No. 18; thence North 84° 55 00" East along the South line of said
Lot No. 18 a distance of 20.12 feet; thence North 010 09' 00" East 987.70 feet to the North line
of said Lot No. 18; thence North 780 45' OF West along said North line a distance of 20.31 feet
to the POINT OF BEGINNING and containing 0.45 acre, more or less.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, until the use
of said Easement is relinquished, abandoned or vacated and so long as such pipe line or lines,
electrical power, telephone and/or television lines or cables, 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 and/or cables, 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, lines and/or cables,
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 tne 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, electrical power lines,
telepnone and/cr television lines or cables 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
94027148
•••
•
GENERAL UTIUTY EASEMENT
City of Fayetteville
Page 2 of 2
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 arid
be binding upon the respective heLrs legal representatives, successors and assigns of the parties
nereto.
It is hereby understood and agreed that tne 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 3 .A-11( day of 7? 0 al
ATTEST:
SAIAA/
erry Thonorfas City Clerk
BY:
CITY OF FAYETTEVILLE
Fred Hanna, Mayor
199T .
(Seal)
tttttttt .
ACKNOWLEDGMENT
STATE OF ARKANSAS
SS
COUNTY OF WASHINGTON
BE IT 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 Hanna and Sherry Thomas
to me well known, who stated that they are the Mayor and City Clerk of the City of Fayetteville. Arkansas a
municipal corporation. and are duly authorized in their respective capacities to execute the foregoing instrument for and
in the name and behalf of said municipal corporation. and further stated and acknowledged that they had so signed,
executed and delivered said instrument for the consideration, uses and purposes therein mentioned arid set forth
WITNESS my hand and seal on this .3",/ day of . 1997
MY COMMISSION EXPIRES
/ o 2
);)
1
Notary Public
94027149
PROJECT: Ind. Pk. So,
TRACT NO.: 18
PARCEL NO.: 765-05398-000
GENERAL UTILITY EASEMENT
STATE OF ARKANSAS
BE IT KNOWN BY THESE PRESENTS:
COUNTY OF WASHINGTON
That for and in consideration of One Dollar ($1 00) and other valuable considerations to the
undersigned, the City cf Fayetteville, Arkansas a municipal corporation . (herein styled Grantor)
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 styied
Grantee), its successors and assigns, the right of way and permanent easement to construct, lay.
remove. relay, replace. enlarge and operate a water and/or sewer pipe line or lines. manholes.
natural gas, electrical power. and telephone and television communication line or lines, and
appurtenances thereto. on. over, across and under the following described real estate, to -wit.
PROPERTY DESCRIPTION:
Lot No. Eighteen (18) of the Final Replat of Fayetteville Industrial Park, dated April, 19891 as
prepared by McClelland Consulting Engineers, Inc.; LESS AND EXCEPT the West 121.85 feet
thereof.
PERMANENT EASEMENT DESCRIPT:ON.
A twenty (20) foot wide easement along the West side of said Lot 18; also being described as a
part of the Northwest Quarter (NW1/4) of the Southeast Quarter (SE%) of Section 26, Township 16
North, Range 30 West, and more particularly described as commencing at the Northwest Comer
of said Section 26 and running South 01° 17 05" West 2,641.94 feet to the Northwest Corner of
Lot No. Nineteen (19); thence South 88° 52' 00" East 3,157.08 feet to the Northeast Comer of Lot
No. Twenty-one (21), thence continuing South or 52' 00" East 100 feet; thence along a curve
to the left an arc distance 01 130.90 feet, said curve has a delta angle of 150° 00' 00" and a
radius of 50.00 feet, thence South 78° 45' 02" East along the North line of said Lot No. 18 a
distance of 28.99 teet to the POINT OF BEGINNING; thence South 01° 09' 00" West 993.45 feet
to the South line of said Lot No. 18; thence North 84° 55 00" East along the South line of said
Lot No. 18 a distance of 20.12 feet; thence North 010 09' 00" East 987.70 feet to the North line
of said Lot No. 18; thence North 780 45' or West along said North line a distance of 20.31 feet
to the POINT OF BEGINNING and containing 0.45 acre, more or less.
TO HAVE AND TO HOLD unto said Grantee. its successors and assigns, until the use
of said Easement is relinquished, abandoned or vacated and so long as such pipe line or lines,
electrical power. telephone and/or television lines or cables, 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 and/or cables, 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, lines and/or cables.
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.
The Grantee shall have the nght to construct additional pipe hnes, electrical power lines:
telephone and/or television lines or cables 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.
•
GENERAL UTIUTY EASEMENT
City of Fayetteville
Page 2 of 2
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction
of every right hereby granted. Ail 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 44 day of /Ina—A 199 Y
ATTEST:
ItLU\--511 ‘314,Y°. ------
BY
Sherry Tho s. City Clerk
CITY OF FAYETTEVILLE
dfie fra--kt--Lta--
Fr Hanna Mayor
(Seal)
STATE OF ARKANSAS
COUNTY OF WASHINGTON
ACKNOWLEDGMENT
BE a 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 Hanna and Sherry Thomas
to me well known. who stated that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas a
municipal corporation. and are duly authorized in their respective capacities to execute the foregoing instrument for and
in the name and behalf of said municipal 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
WITNESS my hand and seal on this .14
MY COMMISSION EXPIRES:
Af- je90.2
day of
:21:Ato
199
Notary Public