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Home My WebLink About123-95 RESOLUTION- "n"•C 1(J " ' 117 RESOLUTION NO. ; 73-95 A RESOLUTION GRAN PING THREE UTILITY EASEMENTS REQLIRED FOR THE INSTALLATION OF UTILITIES TO AND ON THE SOUTHEAST FAYEITEVILLE COMMUNITY CENTER. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The Council hereby grants three utility easements to provide for utilities to and on the Southeast Fayetteville Community Center as more fully set forth in the attached easements marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 3rd day of October , 1995. APPROVED: By: "red Hanna, Mayor Traci Paul, City Clerk • 44444444 `' • G , r.... Ct 95053602 STATE OF ARKANSAS COUNTY OF WAS}I]N(iTON I TII.ITY EASEMENT ) ) 13E :"; KNOWN BY THESE PRESENTS: That for and in consideration of One Dollar (51.00! and other \aluab'.e considerations :o the undersigned. the City of Fayetteville (herein styled Grantor] paid. the receipt of which is hereby acknowledged. the said Grantor does hereby GRANT, SEI I. ANI) CONVEY unto the CITY OF FAYETTEVILLE, ARKANSAS. a municipal corporation :herein styled Grantee), its successors and assigns, the right of way and easement to construct, lay. remove, enlarge and operate a water and'or sewer pine'.ine or lines, and appurtenances thereto, on„ over, across, and under the follow=ing described real estate. to -wit: PROPERTY DESCRIPTION: A part of Lots 8 to 14. Block 2, Hicks Addition to the City of Fayetteville, Arkansas, as descrihed in a Quitclaim Deed recorded in Book 94 at Page 26793 of the records of the Circuit Clerk and Ex -Officio Recorder of Washington County. Arkansas. PERMANEN r EASEMENT DE.SCRIPTiON: A 20 foot utility easement, the centerline of said 2(} foot easement being described as follows: commencing at the Northeast corner of the above described property, thence South 88 degrees. 58 minutes, 21 seconds West, 81.00 feet to a point on the North line of said property, said point being the Point of Beginning. thence South 8 degrees, 31 minutes, 9 seconds West. 25.00 feet, thence South 64 degrees, 56 minutes, 4 seconds West, 44.00 feet, thence South 00 degrees, 24 minutes. 56 seconds East, 236.00 feet or to it's convergence with existing City of Fayette'ille street right-of-way. and containing 3050 square feet, more or less. TO HAVE AND TO HOI.I) unto said Grantee, its successors and assigns, so long as such pipe line or lines. manholes and'or appurtenances thereto shall be maintained. with ingress to and egress from the real estate first hereinabose described for the purpose of constructing, inspecting, maintaining and repairing said lines, manholes and appurtenances of (irantee 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, 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 he 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 hax e the right to construct additional pipe lines upon the above descrihed 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 herein contained shall extend to and be binding upon the respective heirs. legal representatises, successors and assigns of the parties hereto. 95053603 ('ITY OF FAYETTEVILLE, ARKANSAS a municipal corporation The consideration for the abo.e recited ashcing paid to Grantor by Grantee is in full satisfaction of every right hereby granted. Ail covenants and agreements herein contained shall extend to and he biding 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 3rej day of 0c.fo6a " • 1995, Al 1 LST: BY. >2• /fI#tvr/ Fred anna, Mayor Traci Paul, ('ity. Clerk (Seal) STATE OF ARKANSAS COUNTY OF WASHING,.TON ACKNOWLEDGMENT 1 t 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 Traci Paul 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 respectil e capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation. and further stated and acknowledged :hat 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 Sr gi MY COMMISSION EXPIRES: ct,t-r4 /r ,7 OOS" day of sren „ear 1995. `�, • • • • • 3t /g- . tputuwglryi 'L \p••N .. .••ccMM F••' y ttOTARY '. • CP9O • • jDOBLIC •;y. *14 CO U N I'' , ��. Notary Public 95053604 1 GENERAL. FTiLITY EASEMENT STATE OF ARKANSAS 13E 1T KNOWN 13Y THESE PRESENT'S: COUNTY OF WASHINGTON • PROJECT TRACT NO• That for and in consideration of One Dol:ar (S1.00) and other valuable considerations to the undersigned, the City of Fayetteville, municipal corporation (herein styled Grantor) paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT. SEI L AND CONVEY unto the ('ity of Fayetteville. Arkansas. a municipal corporation (herein styled Grantee), its successors and assigns. the right of way and permanent easement to construct, lav, remove, relay. replace. enlarge and operate a water and or sever 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: A part of the Northwest Quarter (NW -4 of the Southwest Quarter (SW'i<) of Section Fifteen (15). Township Sixteen (16) North of' Range Thiry 130) West described as commencing from an existing Railroad Spike at the Northwest Corner of said Northwest Quarter (NW%) of the Southwest Quarter I SW%): thence along the West line thereof South 00 degrees. 24 minutes. 56 seconds East 650.43 feet: thence along the North right-of- way of Rock Street North 88 degrees. 58 minutes. 21 seconds East 694.88 feet to the point of beginning: thence North 00 degrees. 24 minutes, 56 seconds West 115.00 feet: thence North 88 degrees. 58 minutes, 21 seconds East 108.85feet: thence South 00 degrees, 24 minutes. 56 seconds East 115.00 feet: thence along the said North right-of-way of Rock Street South 88 degrees. 58 minutes, 21 seconds West to the point of beginning. containing 0.287 acre, more or less, Washington County, Arkansas. Said parcel also being part of Lot 28 in the County Court Plat of the Northwest Quarter (NWA of the Southwest Quarter 1SW%) of Section Fifteen 05). Township Sixteen (16i North. Range Thirty (30) West to the ('ity of Fayetteville, as recorded in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County Arkansas. PERMANENT EASEMENT DESCRIPTION: A utility easement described as bang fifteen feet in width and being parallel to and contigious with the north right-of-way of Rock Street and along the entire south side of abo\ e described property. TO HAVE AND TO HOLD unto said (1rantee. its successors and assigns. until the use of said Easement is relinquished. abandoned or xacated and so long as such pipe line or lines, electrical power, telephone and'or television lines or cab:es. 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, w-hich 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 b' 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 conclush e. 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 16) feet in height. The Grantee shall have the right to construct additional pipe lines. electrical power lines. telephone and. or televisicn 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. 95053605 (ITY OF FAYETTEVILLE, ARKANSAS a municipal corporation The consideration for the above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All Cel enants and agreements herein contained shall extend to and be biding upon the respectise heirs, legal representatives successors and assigns of the parties hereto. It is hereby understood and agreed that the party secunng this grant in behalf of the Grantee is without authority to make any cosenant or agreement not herein expressed. BY: • • • Fred Il'anna, Mayor Traci Paul. City Clerk (Seal; ACK'SOWLED(;iMENT STATF. OF ARKANSAS SS. COUNTY OF WASHINGTON BE IT RENIEMBERF.D, that en 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 Traci Paul, to me Is ell known. who stated that they are the Mayor and City Clerk of the ('ity° 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 delis ered said instrument for the consideration. uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this ,3rc/ day of n�7o6er 1995. MY COMMISSION EXPIRES: friz Y `��a •, toMM t . y • •.• s • SOTA;r Y • • •s• •••••:s GO Z— ril).1.• PUBLIC Val las• #i#6uCO U NZ1;``� Votary Public 95053606 1 GENERAL 1'TILiTY EASEMENT S'L'ATE OF ARKA\SAS COUNTY OF WASHINGTON PROJECT• TRACT NO. BE ]T KNOWN BY THESE PRESENTS: That for and in consideration of One Dollar t$!.00) and other valuable considerations to the undersigned. _ the City of Fayetteville 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, jay, remove. relay, replace. enlarge and operate a water andor sewer pipe line or lines, manholes, natural gas. electrical power. and telephone and television communication line or lines, and appurtenances thereto, on, CA er, across, and under the following described real estate. to -wit: PROPERTY DESCRIPTION A part of Lots 8 to 14. Block 2. Hicks Addition to the ('ity of Fayetteville, Arkansas. as described in a Quitclaim Deed recorded in Book 94 at Page 26793 of the records of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. PERMANENT EASEMENT DESCRIPTION: A utiPty easement described as being fiftecr feet in width and being parallel to and contigtous with the north right-of-way of Rock Street and along the entire south side of above described property. 10 HAVE AND TO HOLD unto said Grantee. its successors and assigns. until the use of said Easement is relinquished. abandoned or lacated 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 remo\ al. renewal and enlargement of such at will, in whole or in pan. 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 busy all pipes, lines and or cables, where feasible, to a sufficient depth so as not to interfere with cultivation oI'soil, and that manholes will be 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. ane 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 he final and conelusi\ e. 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 thr right to construct additional pipe lines, electrical power lines. telephone and'or tele\ ision 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. 95053607 CITY OF FAYETTEVILLE, ARKANSAS a municipal corporation The consideration for the abol c 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 and be hiding upon the respectil e heirs. legal representatives successors and assigns of the parties hereto. It is hereby understood and agreed that the par) securing this gram in behalf of the Grantee is without authority to make any co'enant or agreement not herein expressed. WITNESS the execution hereof this the •3 rc/ _ day of _ Oc cZer , 1995. ATTEST: 1 Traci Paul, City Clerk BY (Seal) STATE OF ARKANSAS COUNTY OF WASHINGTON ACKNOWLEDGMENT ) Ss. ) BE 1T REMEXIRFRLD. that on this day came before the undersigned. a Notary Public, within and for the County and State aforesaid. duty commissioned and acting, personally appeared, Fred Hanna and Traci Paul. 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 flirt 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 .?pd day of '9G/oder' , 1995. MY COMMISSION EXPIRES: 9'19/,teter ' Notary Public 95053608 RESOLUTION NO. 123.95 A RFSOLU1 ON GRANT' JG THREE U'ILrY FASFME\1S RCOLIREO r3R 1'IE N. STA.LA'ICN Or JT 1 I'IFS 10 AND ON ^'-E SOJ1•1- EAST FAYETTEvI__E CCM- MUM'Y CENTER BE IT RESOLVED BY THE C TY C^.UNC L OF THE CI -Y DF FAYEt'EVI_LE #RKANSAS Sed ^r 1 The C..Jnc here..' grants In 9e J:ilry easemuni9 to provide for ut lines In and an •he Sc.: beast Faierev. le Cir„• ty Cen'e• as more lull{ se torn n 4e a::ac' ec easeIT ent., na ri cc Exh•h+ •A• and made a nal hereof PASSED AND AP. PROVED ^is 3rd oav p' October, 1995. APPROVED: 9y F-ec Hanra MtyLr nT'EST By 'race Pa.•'. Onv CIES. RROnFRTY DISC-IIPT ION A Dar; o' UP 8to 'G Bloc. Hicks Add t r. to 1'ie City 3' • iiye'lev Ile A•xarsas as •ie scrhnd r a .i .6.1.; a rn Occd -ecc-den - R--° 94 a: Pane -16743 Y'r E. rL CrCS Cf he OI•r:•1 t C ark a^c E+ OP•) o rlcWrder o' Nash rg'in Cc int), Arkarsas PE~'MANEN- _ASLMLN- A- SCRIPTION A 20 11c' ..1 ity ea.,e'+ el :he all^:e •,e sf sa d 70 'err ease -ler t be ng desL»b.d ab '0 cws r i^i—e rg at •"P Nc- eas: were' of 'he above deec- bed prcper:y Irerre Sncfh 98 deg•ees. be '- butes 21 secbrds West 8' OC tee to a pa 01 or the North roll 0' sa 1 pR:eity Sa C D.:7+1 be lig "+e Poirt of beginr ng thence deorees 31 nor L tS 9 SLccoos West 225 00 feet the -re Sce.th h4 .agrees, 56 ni notes. 4 seCordb West 44.2,0 fee•, thence Soto' 00 degrees. 24 minutes, 56 so: - eras East 2361X• 'eel nr to Yr carve ger ce With exls'ng O:y at Fayettev 1e s•reel rig'):-ol-way. and containing 3C50 Scaare ke'. more., le. s PROPERTY OLSOR P- ON A .134 of the Northwest Qua -- to (NW 1;4) pita eou1hwes1 Oua•ler ;SW "'At of Sect cr Fifteen (1b]. TOwrshlp Sixteer (16' Nn'•h Of Range tt rty (30: West descnbco as corr-re c. ing Iry al existing Dailrcea Spike al :he Nc•'^west Corner of said Northwest GJarte' (IM I'4) G' the SOUhwest Quarte' (SW 1i4;. hence along the Wes: ine thereof Soath ::.. degrees. 24 minLtes, 56 sec olds East 650 43 feet :hei ce along the North r gl-cf-way of Rocs Street Wort 88 degrees. 58 minutes. 21 seconds Last 1C8 65 feet Inenre Sc..th CC degrees, 24 minutes. 58 sec onds Easl 1'500 feel, :hence along the begirr rg. nor -Min- t% 0.287 acre 'nore of less. Wash rg•on County, Arka^- sas Sa d Parcel also being Part Cf Lo: 28 in ire CaJn'y Cort Pia: of 1"e Ncrnwesl Ouar:er (NW I/4; of t"e ScanweSI Oue'e' (SW 1/4) of Sect an Fifteen 1 151 l.wrs) Sixteen (16) North Rarge Phrty (30 We" •c the C Iv c' rayetrev 1 e. as :e0o Jed , • ;he Off Se 01 ^.c 0 -cu: Clcx and Fx-011"c n gernrde- at Wasb.ngton Co.. •Iy A-karsas PERMANENT EASEVFNT DE- SCRIPTION A utflib ease•ne^' res:' oej as being f'fear 'tet n w di" and heirg „a•a e •c a^:: Jp' IIguOJS W tr. the • 5.th r s •n•-ef- way df Roar ,tree: arc along :he ent -e smith s.e 01 above described prover:y PROPERTY DFSC•iIP1 iL1•, A part of .cis Stu• 4 El Hicks Addit'r-• :c :^a L'y a' Fayeltevle A•„a^sas as Je scr bed in 3 CJ :.:'a ^ Leed recoided rn Bc,t Ld 26793 of re aCj•ds P'e Circuit Cleric a-1 f + ^ Recorder .:es- • g'^- Conry Arkansas PERMANENT EASF.'F'4T O_ SCR Er CN 4 at Iry ease• -e• t nes-• rn1 as be•rg'r teen roe' a,c !:enr. para e :c a' .1 richt tools w 11- Ire •. r gh:-ol-way Of ROC+ SI -ea• ano along :he ert re s0.,^1 s•de of above des:), bed u•ao- arty STA P.: O}' ARKANSAS t': rity 't W ash:rgh�n si hereby cer- tify that 1 am :he puhlisb€r of T(Iy NORTH EST ARKANSAS TIMES, a daily newspaper having a second clash mailmg privilege. and being no: less than four pages of live columns each. published at a fixed place of business and al a fixed (daily) intervals c•mtinaosily :n the City .•I Fayetteville. County of Washington. Arkansas for more than a penod of twe ve m: cths, circulated and d'stnbuied from an established place of business to subscribers and readers generally wall classes in the C;ly and County for a definite price for each copy nr a fixed pnce per annum, which price was fixed al what is considered the value of the pub Triad c, based upon the news value and service value it contains. that a: :east Pity , etverI of the sahscrihers thereto have paid cash for their subscription to the newspaper o: it, agents or tht: ugh recognized news deaicrs over a period of at least six months ar..: tha: the said rewspax:publishes an average of more Than forty percent news metier I further iert:fy that the legal notice hereto attached m the matter of - •r w a, published in the regular daily issue of sa.d newspaper fot crnsesuuse insertions as fellows 1 he itis) insertion on the / day of 10 L fie 'e.nnd insertion un the the th):d mserftnn on the and the tnu;tli ilia -thin on the Suer!: to and cubscriha] hefo:e me on this My (•ntnm)esion Expire,: 7 C� ! re' :,r P: cuing C. sI '4 R,“ _ Teta] day cf 1'J day of 19 day of 19 Publisher; f Iener4Managei 426 day of $ /53,75- /53,75 53,75/53,75