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HomeMy WebLinkAbout115-95 RESOLUTION• 4 i RESOLUTION NO. 1:5-95 A RESOLUTION AUTHORIZING THE CONVEYANCE OF AN ACCESS AND UTILITY EASEMENT TO HARLEY AND PAULINE ESTES LOCATED ON CITY PROPERTY EAST OF LAKE SEQUOYAH DRIVE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The Council hereby authorizes the conveyance of an access and utility easement to Harley and Pauline Estes as more fully set forth in Exhibit "A" attached hereto and made a part hereof: and directs the Mayor and City Clerk to execute same. PASSED AND APPROVED this 5th day of September , 1995. ATTEST: By: lA.ltte,c, Traci Paul, City Clerk ,.,,.,,,,, t y'! r 5 •..• 'Vire1.1111 APPROVED: By: 14+thlr.r1"/ Fred Hanna, Mayor M' • 95047 7 2 as EXHIBIT A 4 ACCESS AND UTII-ITY EASEMENT STAIE OF ARKANSAS COL NTY OF WASHINGTON BE IT KNOWN BY THESE PRESENTS: That the CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation, t:ereiratter referred to as GRANTOR, by and through its Mayor and City ( (grin, duly authorized so to art hx proper reso.ut]on of its City Council. for and in conside-auon of the sum of One Dollar (SLOUI and othe- xaluahle considerators. paid by Harley Estes and Pauline Estes , hl:wand and wife, hereinafter referred to as GRANTEES. the receipt of which .s hereh% acknowledged. does nerehv GRANT, BARGAIN, SELL. AND CONVEY unto GRANI-ELS. anc unto GRANT LE'S heirs and assigns forexer. a perpetual easement for the purpose of ing-ess and egress. roadwax construction and maintenance, utility construction, operation. maintenance. and nspection in. on, oxer. ander and across the lands described hereinafter as the Easement A -ea. G ANTEE'S PROPERTY DESCRIPTION: x pert of :he Northeast Quarter (NF•Il of the Southwest Quarter ISW .4) nl Section ]h, Township :h nn -F, Range :S µi H Washington ( .ianly Arkansas, and more particularly descrhed as Sofcws. to- wn f nmmencrcg at the Northeast miner of said NE -n of the SW •. of Sechen 16 and running Wiest 1-d, 01 feel: thence Sou:h 26 24 50" West 37: 62 leet In the Point of Bemnnmg: thence umtinuing Sor.th ;' :4' N: µest ::110) leer: thence South 87 (lis' IID' bag 26223 feel, (hence North 2111.7s 't.1, thence Wes; 161 P feet to :he Paint of Beginning and containing 1.1; acre, more or gess EASEMENT AREA DESCRIPTION: A part Pit Nertheasl Courter I NEvi rf the S. ilhwesl Quarter (sW -.) of See:ion 16. Township 16 North. Range 2') Wes:, Washington County. Arkansas. more parlitu.arly descrhed as follows, to-wi:: ; mmencing at the Northeast comer of said 411 acre .rail, thence naming West 13110: fee: thence sruth 20 24 ni) West '4,1.J11 feet to the Point of Bcgnning: :hentc North 772 011' IhY West 88.11 feet In the Last nghl of was Inc of Lake Scyuovah Dr.vc: thence South 11200' nil' West along said Fast nrht of way line a distance at NIB feel. .hence leasing said East right of wav line and running South 77 Int' Ip) E isl 81.14 feet; thence North 26 :4' SIT' Fast a distance of 30.00 leer to :he Pnin: 1 Beginning and ,nntainng 1 Jh acre. more or less. Tins tascmeet s limned 'n use by the Grantees and Grantees heirs and assigns for :he purposes of it gess and (.rat on of btrhn services to the property first hereinabove described 1:ranlor shad not he responsible for the ma.nlenancc of any roadway tonslmdcd by Grantee, nor :he construction and ma.nlenance of any u:chty senrre lints In. on. iwer. under or across said easement which arc installed by I rat the direction of the owner of the property first hereinabove described. Grantor reserves Lhe -gni lo use said roadway area ter access purposes. I() HAVE AND TO HOLD said premises to Grantees for the uses and purposes here nhe'ore descrhed. i'le corsideration first ahove recited as being paid to Grantor by Grantees is in tui satisfactor of even right herebx gnarled. Al: covenants and agreements herein contained shag) extend to and he Funding upon the respective heirs, lega: representatives. successors and assigns of the pa -ties hereto. W ITNESS the execution hereof this the SM StuA1-11 ST : `]� r/j ob Trac] Paul. Cas ( Iers day o£ Seiolein4er ( IT Y OF FAYL'ITEVILLL, a municipal corporation BY: Fred H.nr.a. Mayor 9504170 3 ,seal) Access and I tu.t\ Laserrent Lame Segaosah Drib Page 2 of ' ACKNOWLEDGMENT SI'ArE: OF ARKANSAS COI \rY OF \kkASI1]\G'ION BL IT REMEMBERED. trial on this oay came he'ore the Lncersigned, a Notary Puhlic, thir and for the Count!, and State aforesaid. culy commits oned and acting. persoraily appeared, Fred Hanna and Traci Paul. tome well known. v, no sawed tial he are the Mayor and City Clerk n: the City of Fayetteville, Arkansas, a municipal corporation, am: are dui\ authorized .n their re'pec:.\e capacities to execute the foregoing .ns7jment for and in the name and behalf of said rn.m ctpat corporation. and ftrther sta:ec and acknowledged that they nad so signed, e\ectted ar.d del vered sale: ns:ru-nen: for the consideration. uses and purposes therein mentioned and set :orth. \4ITN1.SS my hand and seal on this %1Y ('O\'.4ISSION EXPIRES: Cay of .;?i. ¢eez6e r . 1995. a°°s` c.. ...r 1260 .1 y°a .,� *OM.). alGINO ; CO) ? . PUBLICves :?r Notary Public 95047014 RESOLUTION NO. 115.95 A RESOLUTION AU''fODIZ- NG THE CONVEYANCE Or AN ACCESS AND UTI. Ty EASEMENT _0 •4A3LEV AND PAULINE FSTFS LOCAI_U ON 011Y PROPERTY FAST Cr I AKE SECJOVAH DR'VE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE. ARKANSAS: Section 1 The Caunc r hereby au:Fo•iies I'te cotveyance CI an access and Lit ty ease - Teti to riarloy and Pauline Fst.. 3. are u y set ..•1n in Lr• •G: 'A' atleCr ed hereto and -rade a par3 tame'; and orects the Mayor and City Clant :: execute same. PASSED AND AP. PROVED this sty day ol Sea timber, 199-i APPROVED By Fred Hanna. Mayor 47"/ S. By Tia: Pa. C.y Clerk EXH'EIT A EASEMENT ALIEA DESCriI=- 'Csi A DP! a' Poe Northeast Caw- :Li ':4) 01 the Southwest C. ate' ,SM ',4; ct Section 16 ''wnship 16 North. Rarge 29 West. Washington Cowry, A• ransas Tore particular y described as fo lows to win CcrrTencing a; the Northeast comer a' sa d 40 acre tract. trance •unnrlg West 3306C leer :here So.rr 26 24 50' West 540 00 lee' W the Point o' Bacon ng. Iherce North 7-° ^ M' West 58 13 'cel :o :r. • CCL •1°1a as leav ng said East r gI1 of way doe and running South ne 00' 00' East 51 14 feet; thence North 26° 24' 50' Fast e d s- tance of 3C.0C 'eel to :he Point of Beg nring and -.on- laming 0.06 acre. mere o• less. Th s easemen: is reined to use by the G•a'ltees and Grantee's heirs and assigns 'or the pvpdses of access and Iccation o' tit lits services to the b opens first hereinabove described. Granlc• shal rct be •espons ble ler the flan - :era -ice of any tadway Lor- siVc'ed by Gr3n'en., nor Ile const•utt or and n•an- !erance 01 any ut lay service flea in on over. urder o• across said easement wnizn a'e installed by or al the d' -act on o' '' a owns• cf trio c'uperty lust 1 e'einebc.e de scribed S arta• reserves the -fight 'z use said roadway are 'or access Du -poses STA I E 01' ARKANSAS ('minty, l W asaingi is r—i Lc.. •'� f hereby cer- u:y that I ,ur the publisher f IRI: N(IRTH 'EST ARKANSAS TIMES. a daily newsy aper having a second c:ass mailing privilege. and be.ng cot less than four pages of five columns eaLh. pubyshed at a fixed place of business and at a fixed (daily) intervals coat.nuou.ly Ir the City of Fayetteville, County of Washing ion. Arkansas tor more than a pined 0: twelve months, creula:ext and di stnbuted nom an estah:i;hu+i place of business !o subscribers and readers generally of all classes in the Cay and('ounty for a definite pcce for each copy. o: a fixed price per annum. which pcce was fixed at what is aims:dered the value of the pub.Icauen, based upon the news value and service value It sxsntains that at lead fifty percent .1 the sifter -hers thereto have paid cash for their subscriptions to the newspaper or :ts agents or through recognized news dealers over a pend of al :east six months, and that the said newspaper publishes an average of more than forty percent news matter : rrrther L erlit) ILLI It.e :eg 41 notice hereto an relied in the matter of -Re cnI ci-6 n - ri J was pu'hsned 11 the regular daily issue oI said new cape- for__ Le1rsea uhve Inserhnns a :0l:0110s: 1 F.e first insert ion on the the setond insertion on the the third insertion on the and the fourth :nseivar. en the r` • • Sian:n to and su1.Lribeil before mei n :hs fritQQ.h h1y ('.'un.s.h'n itxp I-ees Irl Pi ailing foot n1 Pin1 1. tan t(i CathNotary PubIi:. State 01.>rkansae ; Washington County I lrly Commission Expiry. •12/7'iki: • aeu<«eccacce<eee(ee<eeeeeeeed • L n1 day of 19 -!C day of 19 day:) 19 day cl 19 Puhhsak• ; Genera] Manager s i niC if dao o.` Nntai), Public