HomeMy WebLinkAbout164-14 RESOLUTIONRESOLUTION NO. 164-14
A RESOLUTION TO APPROVE AN EQUAL PROPERTY EXCHANGE OF
ABOUT SIX ACRES WITH DANIEL SPENCER, TO AUTHORIZE THE
ACQUISITION OF EASEMENTS NECESSARY FOR CONSTRUCTION AND
OPERATION _ACTIVITIES PERTAINING TO THE LAKE SEQUOYAH
SEDIMENT REMOVAL PROJECT, TO AUTHORIZE MAYOR JORDAN TO
EXECUTE THE NECESSARY DEEDS AND TO APPROVE A LOT LINE
ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
an equal property exchange of about 6 acres with Daniel Spencer, authorizes the acquisition of
easements necessary for construction and operation activities pertaining to the Lake Sequoyah
sediment removal project, authorizes Mayor Jordan to execute the necessary deeds, and approves
a lot line adjustment.
PASSED and APPROVED this 2nd day of September, 2014.
APPROWD-
By
ATTEST:
SONDRA E. SMITH, City Cferkl'l'rc��}r��
f Ir.'•...•'�;.�ti
Billy Ammons
Submitted By
City of Fayetteville Staff Review Form
2014-0371
Legistar File ID
9/2/2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/15/2014 Wastewater Treatment Plant /
Utilities Department
Submitted Date Division / Department
Action Recommendation:
Property Line Adjustment, Elkins Easement Correction & New Easement Acquisition between City of Fayetteville
and Daniel Spencer for Construction and Operation Activities Pertaining to the Lake Sequoyah Sediment Removal
Project
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? No
Previous Ordinance or Resolution #
Original Contract Number:
Comm
CJ
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
5 -
$
O
YZU74U/7U
CITY OF
lie
ARKANSAS
MEETING OF SEPTEMBER, 2ND 2014
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
FROM: Billy Ammons, Wastewater Treatment)
DATE: 08/15/2014
SUBJECT: Property Line Adjustment, Elkins Easement Correction & New Easement
Acquisition between City of Fayetteville and Daniel Spencer for Construction and
Operation Activities Pertaining to the Lake Sequoyah Sediment Removal Project
RECOMMENDATION:
Project staff recommend an adjustment to a property line, located at the Lake Sequoyah
Sediment Removal Project Area, shared by the City of Fayetteville and the adjacent private
property owner, Daniel Spencer. The property line adjustment would include 1) The exchange
of land areas 2) The acquisition of a permanent utility easement and temporary construction
easement necessary for sediment removal from Lake Sequoyah 3) The replacement of a wire -
fence by Daniel Spencer to keep livestock out of the sediment removal project site. Additionally
this property line adjustment will address a number of pre-existing issues including 1) Revisions
to a 1992 land deed description that delineates City of Fayetteville property 1 foot from Daniel
Spencer's permanent residence 2) Relocation of property line to incorporate an asphalt drive
and length of water utility line to corresponding residence onto Daniel Spencer's property.
BACKGROUND:
An essential component of Fayetteville's Sediment Removal Project at Lake Sequoyah will be
installation of an 8 inch force -main pipeline to convey collected clarified water from the project
area to the City's sanitary sewer system (see Exhibit Pipeline Route). The pipeline route will
require acquisition of a permanent utility easement parallel to East Huntsville Rd that crosses
private property owned by Daniel Spencer (see Exhibit Easement Route). Project planning
activities have uncovered property related issues including:
1) Poorly delineated property line between City of Fayetteville and Daniel Spencer that leaves
access to private residences (i.e. residence drive, drive -way, and sidewalks) on City property
(see Exhibit)
2) Errors on legal description of Elkins force -main easement (see Exhibit Deed & Map)
While negotiating acquisition of new easement for the project pipeline, staff have worked with
both Daniel Spencer and City staff to develop this recommended proposal that provides a
permanent solution to existing issues.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
A RESOLUTION TO APPROVE AN EQUAL PROPERTY EXCHANGE OF
ABOUT SIX ACRES WITH DANIEL SPENCER, TO AUTHORIZE THE
ACQUISITION OF EASEMENTS NECESSARY FOR CONSTRUCTION AND
OPERATION ACTIVITIES PERTAINING TO THE LAKE SEQUOYAH
SEDIMENT REMOVAL PROJECT, TO AUTHORIZE MAYOR JORDAN TO
EXECUTE THE NECESSARY DEEDS AND TO APPROVE A LOT LINE
ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
an equal property exchange of about 6 acres with Daniel Spencer, authorizes the acquisition of
easements necessary for construction and operation activities pertaining to the Lake Sequoyah
sediment removal project, authorizes Mayor Jordan to execute the necessary deeds, and approves
a lot line adjustment.
PASSED and APPROVED this 2"d day of September, 2014.
APPROVED:
By: By:
ATTEST:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Parcel No. 765.1318 3-(,20
76.-13183-010
CORRECTION WATER/SEWER EASEMENT
(This easement to correct and replace easement filed for record 7-1-81 and
Recorded in deed record 1044-513 from Herbert A. & Marie Lewis)
BE IT KNOWN BY THESE PRESENTS:
Doc ID: 015885860002 Type: REL
Kind: EASEMENT
Recorded: 09/05/2014 at 04:18:36 PM
Fee Amt: $20.00 Page 1 of 2
Washington County, AR
Kyle Sylvester Circuit Clerk
File2014-00022 906
THAT Dan A. Spencer and Anita Z. Spencer, husband and wife,
hereinafter called GRANTOR, for and in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Elkins,
Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto
Grantee's successors and assigns, a permanent easement and a temporary
construction and grading easement to construct, lay, remove, relay, inspect, enlarge
and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and
appurtenances thereto, on, over, across, and under the following described land
situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Ref: 92-1643—first legal)
Part of the Southwest Quarter (SW%) of the Northwest Quarter (NW%4) of Section 21, Township 16 North,
Range 29 West, more particularly described as follows, to -wit: Beginning at the Northwest corner of said 40
acre tract 330 feet; thence Southwesterly to a point in the East boundary line of aid 40 acre tract which point
is also a point in the north of the right of way of State Highway No. 16; thence South on said East line to the
South right of way of said Highway No. 16; thence North 81 degrees 17 minutes West 100.7 feet with said
South right of way line, thence West with the South right of way line 1221 feet to the West line of said 40 acre
tract; thence North to the point of beginning. Subject to that portion that lies in Lewis Woods Lane on the
West side thereof. Also subject to all easements and rights of way of record.
PERMANENT EASEMENT DESCRIPTION:
A 25' wide utility easement lying parallel to and along the North right of way of Arkansas State Highway #16
located in the Southwest Quarter of the Northwest Quarter of Section 21, Township 16 North, Range 29
West, Washington County, Arkansas, the South line of said easements being more particularly described as
follows, to -wit: Beginning at the intersection of the West right of way of Lewis Woods Lane and the North
right of way of Arkansas Highway #16 which is NO2°45'59"E 230.54' and S88°26'15"E 10.00' from the
Southwest corner of said forty acre tract and running thence along said North right of way of Arkansas
Highway #16 the following: S88°26'15"E 231.21', N01°33'45"E 10.00', S88°26'15"E 137.79', S87°33'41"E
156.88', along a curve to the right having a radius of 7007.63 feet for a chord bearing and distance of
S83°14'22"E 364.08' to the point of termination. The sidelines of said easement shall be prolonged or
shortened so as to begin at the East right of way of Lewis Woods Lane and to terminate at a line that bears
N20°15'46"W running through said point of termination.
Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of
the rights herein granted.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines,
manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first
hereinabove described for the uses and purposes hereinabove set forth.
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.
The Grantor agrees not to erect any buildings or structures in said permanent easement.
The Grantee shall have the right to construct additional pipe lines 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.
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
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WATERIS=WEFT EASEMENT
Page 2 of
WITNESS the execution hereof on this the % day of < V2014.
i
Dan AL Spencer
Chi -wry-- -yam-ram-cam
Anita Z. Spence
ACKNOWLEDGMENT
STATE OF ARKANSAS }
COUNTY OF ✓/1 } ss.
}
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally appeared Dan A. Spencer and Anita Z. Spencer, husband and wife, to
me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that she/they
had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and
set forth.
G•fy L(G ��
WITNESS my hand and seal on this day of 2014.
MY COMMISSION EXPIRES:
HOLLY F. JONS$ Notary Pubg
My COMMISSION N 12305157
EXPIRES: May 1, 2018
��x yu• Benton County
Parcel No. 765-131837020
765-13183-010
CORRECTION WATER/SEWER EASEMENT
(This easement to correct and replace easement filed for record 7-1-81 and
Recorded in deed record 1044-513 from Herbert A. & Marie Lewis)
BE IT KNOWN BY THESE PRESENTS:
THAT Dan A. Spencer and Anita Z. Spencer, husband and wife,
hereinafter called GRANTOR, for and in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby GRANT, SELL and CONVEY unto the City of
Elkins, Arkansas, a municipal corporation, hereinafter called GRANTEE, and
unto Grantee's successors and assigns, a permanent easement and a temporary
construction and grading easement to construct, lay, remove, relay, inspect,
enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes,
and appurtenances thereto, obi, over, across, and under the following described
land situated in the County of Vashington, State of Arkansas, to -wit:
Washington County, AR
I certify this instrument was filed on
09/05/2014 04:18:36 PM
and recorderUn Real Estate
File Numb r 20 4-00022906
Kyle Sylv Crkcuit Clerk
by
PROPERTY DESCRIPTION: (D ed Ref: 92-1643—first legal)
Part of the Southwest Qu rter (SWY4) of the Northwest Quarter (NWY4) of Section 21, Toyvn ihs p 16 North,
Range 29 West, more part ularly described as follows, to -wit: Beginning at the Northw t corner of said 40
acre tract 330 feet; thence uthwesterly to a point in the East boundary line of aid 40 cre tract which point
is also a point in the north of he right of way of State Highway No. 16; thence Sout n said East line to the
South right of way of said Hi way No. 16; thence North 81 degrees 17 minutes est 100.7 feet with said
South right of way line, thenc West with the South right of way line 1221 feet, o the West line of said 40
acre tract; thence North to the ppint of beginning. Subject to that portion thatAies in Lewis Woods Lane on
the West side thereof. Also subj t to all easements and rights of way of re &d.
PERMANENT EASEMENT DESCRIPTIO
A 25' wide utility easement lying parade[ to and along the North rig of way of Arkansas State Highway #16
located in the Southwest Quarter of the Northwest Quarter of tion 21, Township 16 North, Range 29
West, Washington County, Arkansas, they South line of said ea5 ments being more particularly described as
follows, to -wit: Beginning at the intersec on of the West ri t of way of Lewis Woods Lane and the North
right of way of Arkansas Highway #16 viich is NO2°4 ' 9"E 230.54' and S88026'15"E 10.00' from the
Southwest corner of said forty acre tract a d runnin ence along said North right of way of Arkansas
Highway #16 the following: S88°26'15"E 23�21', NO °33'45"E 10.00', S88°26'15"E 137.79', S87°33'41"E
156.88', along a curve to the right having a ydiyts of 7007.63 feet for a chord bearing and distance of
S83014'22"E 364.08' to the point of termination The sidelines of said easement shall be prolonged or
shortened so as to begin at the East right of Way f Lewis Woods Lane and to terminate at a line that bears
N20°15'46' VV running through said point of fermmaaipn.
Together with the rights, easements,rcl privileges in r to said lands which may be required for the full enjoyment
of the rights herein granted.
TO HAVE AND TO HOLD nto said Grantee, its succ sors and assigns, so long as such pipe line or lines,
manholes and/or appurtenances therq shall be maintained, togeth r with free ingress to and egress from the real estate
first hereinabove described for the u,ds and purposes hereinabove set h.
The said Grantor is to f /use and enjoy the said premises except r the purposes hereinbefore granted to the said
Grantee, which hereby agree o bury all pipes, where feasible, to a sufficien epth so as not to interfere with cultivation of
soil, and that manholes will a constructed flush with the surface of the ground a ept in bottom lands where they shall be at
a height above high water.
The Grantor agrees not to erect any buildings or structures in said permanent a %�"
Mt.
The Grantee shall have the right to construct additional pipe lines upon the abovcribed 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
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
i 1
Parcel No. 765rl'3183-020
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Dan A. Spencer and Anita Z. Spencer, husband and wife,
hereinafter called GRANTOR, for and in consideration of the receipt of land of equal
value from the City of Fayetteville, the receipt of which is hereby acknowledged,
does hereby GRANT, SELL and CONVEY unto the City of Fayetteville,
Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto
Grantee's successors, and assigns, a permanent easement and a temporary
construction and grading easement to construct, lay, remove, relay, inspect, enlarge
and/or operat& a water and/or sanitary sewer pipe line or lines, manholes, and
appurtenances thereto, on, over, across, and under the following described land
situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Ref: 92-1643—first legal)
l llll{SI S4IIl� 111 llllf III1I Illll llltil lttill lllll ttlll I11II �111l111111�1 Iti111111
Doc ID: 015886870002 Type: BEL
Kind; EASEMENT
Recorded: 09/05/2014 at 04:19:10 PM
Fee Amt: $20.00 Page i of 2
Washington County
nn� AASnS((����}} ��]] ❑❑ T
Kyle Sylvester
01
File01
Part of the Southwest Quarter (SW%) of the Northwest Quarter (NW'/4) of Section 21, Township 16 North,
Range 29 West, more particularly described as follows, to -wit: Beginning at the Northwest corner of said 40
acre tract 330 feet; thence Southwesterly to a point in the East boundary line of aid 40 acre tract which point
is also a point in the north of the right of way of State Highway No. 16; thence South on said East line to the
South right of way of said Highway No. 16; thence North 81 degrees 17 minutes West 100.7 feet with said
South right of way line, thence West with the South right of way line 1221 feet to the West line of said 40 acre
tract; thence North to the point of beginning. Subject to that portion that lies in Lewis Woods Lane on the
West side thereof. Also subject to all easements and rights of way of record.
PERMANENT EASEMENT DESCRIPTION:
A 5-foot permanent easement located along the northern -most edge of a 25-foot easement originally
recorded in Book 1044, at page 513, corrected and replaced with an easement recorded as Document No. —
, described as: Centerline of easement, commencing at the SW corner of the SW%4
of the NW%4 of Section 21, Township 16 North, Range 29 West, Washington County, Arkansas, and running
thence NO2°45'59"E 230.54', S88026'15"E 10.00', and NO2°45'59"E 35.22' to a point on the East right of way
of Lewis Woods Lane and the true Point of Beginning and thence leaving said right of way S88°14'14"E
57.08', thence S87°11'36"E 70.39', thence S88°43'45"E 99.80', thence S86°53'01"E 109.83', thence
S89°23'23"E 86.69', S85°19'52"E 67.09', thence S83°23'12"E 152.41', thence S83°40'16"E 177.45', thence
S81°45'18"E 61.17' to the point of termination. The sidelines of said easement shall be prolonged or
shortened so as to begin at the East right of way of Lewis Woods Lane and to terminate at a line that bears
N20°15'46"W running through said point of termination. See attached Exhibit.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
Also a 20' temporary construction and grading easement adjacent to the north line of the above described 5-foot
permanent easement as shown on the attached exhibit.
Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of
the rights herein granted.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any permanent
structure presently located within said temporary construction and grading easement area.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines,
manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first
hereinabove described for the uses and purposes hereinabove set forth.
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.
The Grantor agrees not to erect any buildings or structures in said permanent easement.
The Grantee shall have the right to construct additional pipe lines 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.
1
i
7
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
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WATER/SEWER EASEMENT
Page 2 of 2
WITNESS the execution hereof on this the day of .Gc 2014.
r'
r
Dan A. Spencer Anita Z. Spencer
ACKNOWLEDGMENT
STATE OF ARKANSAS }
COUNTY OF'�" ss.
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally appeared Dan A. Spencer and Anita K. Spencer, husband and wife, to
me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that shelthey
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 �13 day of t, 2014.
MY COMMISSION EXPIRES:
HOLLY F..lONES
Notary P b
COMMISSION R 12365151 ry
EXPIRES- I,tay 1, 2018
,7 h' Benton county
Parcel No. 765-13183-020
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Dan A. Spencer and Anita Z. Spencer, husband and wife,
hereinafter called GRANTOR, for and in consideration of the receipt of land of
equal value from the City of Fayetteville, receipt of which is hereby acknowledged,
does hereby GRANT, SELL and CONVEY unto the City of Fayetteville,
Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto
Grantee's successors and assigns, a permanent easement and a temporary
construction and grading easement to construct, lay, remove, relay, inspect,
enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes,
and appurtenances thereto, on, over, across, and under the following described
land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Ref: 92-1643—first legal)
Washington County, AR
I certify this instrument was filed on
09/05/2014 04:19:10 PM
and recorded in Real Estate
File Number 2-00022907
Kyle Sylveste - C cult Clerk
by
Part of the Southwest Quarter (SW/4) of the Northwest Quarter,¢NW%) of Section 21, Township 16 North,
Range 29 West, more particularly described as follows, to -wit: JBeginning at the Northwest corner of said 40
acre tract 330 feet; thence Southwesterly to a point in the Eas oundary line of aid 40 acre tract which point
is also a point in the north of the right of way of State Highw No. 16; thence South on said East line to the
South right of way of said Highway No. 16; thence North degrees 17 minutes West 100.7 feet with said
South right of ay line, thence West with the South righ of way line 1221 feet to the West line of said 40
acre tract; then North to the point of beginning. Su-b�' ct to that portion that lies in Lewis Woods Lane on
the West side the of. Also subject to all easements �rSd rights of way of record.
NENT EASEMENT SCRIPTION: I
A 5-foot permanent eksement located along a northern -most edge of a 25-foot easement originally
recorded in Book 1044, page 513, corrected nd replaced with an easement recorded as Document No.
escribed as: Ce terline of easement, commencing at the SW corner of the
SWY4 of the NW% of Secti 21, Township 6 North, Range 29 West, Washington County, Arkansas, and
running thence N02045'59"E 30.54', S88° 6'15' E 10.00', and NO2°45'59"E 35.22' to a point on the East
right of way of Lewis Woods ane and a true Point of Beginning and thence leaving said right of way
S88014'14"E 57.08', thence S8 "11'36" 70.39', thence S88°43'45"E 99.80', thence S86053'01"E 109.83',
thence S89023'23"E 86.69', S85 9'52I"F67.09', thence S83023'12"E 152.41', thence S83°40'16"E 177.45',
thence S81045'18"E 61.17' to the i 't of termination. The sidelines of said easement shall be prolonged or
shortened so as to begin at the Eas ight of way of Lewis Woods Lane and to terminate at a line that bears
N20015'46"W running through saidpoi�t of termination. See attached Exhibit.
EASEMENT
Also a 20' temporary constru9tion and gra ing easement adjacent to the north line of the above described 5-foot
permanent easement as shoy(n on the attac d exhibit.
Together with the rights, a cements, and privil es in or to said lands which may be required for the full enjoyment
of the rights herein granted.
This temporary coast tion and grading easemen as conditioned above, shall terminate when the hereinabove
referenced project has been c pleted by the contractor and epted by the City of Fayetteville, Arkansas.
It is expressly and rstood that the above temporary onstruction and grading easement shall exclude any
permanent structure presen y located within said temporary constr tion and grading easement area.
TO HAVE AN TO HOLD unto said Grantee, Its succes rs and assigns, so long as such pipe line or lines,
manholes and/or appurtances thereto shall be maintained, together th free ingress to and egress from the real estate
first hereinabove described for the uses and purposes hereinabove set fort
The said Gra for is to fully use and enjoy the said premises except for'the purposes hereinbefore granted to the said
Grantee, which here agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of
soil, and that manho s will be constructed flush with the surface of the ground except in bottom lands where they shall be at
a height above high water.
The Grantor agrees not to erect any buildings or structures in said permanent easement.
The Grantee shall have the right to construct additional pipe lines 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.
EASEMENT "EXHIBIT"
4 SW Im, 1w 114
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--------------------I�------------------
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0• 100' 200' 300, "C ni E 1 1EAr
a
EASEMENT EXHIBIT
LINE ISEAPrNG I DISTANCE
Lk I V S8-26-15 1 10-06'
`LINE 1BEARING
:'� 1. �•
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L41
LS
DISTANCEI
5 88°?fi'U" E
31 21 I
N 01 °33'45" L
10 00' I
IS 88-6' 15" E
137 79' i
15 87°33'41" E
56 S8'
SURVEY DESCRIPTION:
A 25' WIDE UTILITY EASEMENT LYING PARALLEL TO AND ALONG THE NORTH RIGHT-OF-WAY
OF ARKANSAS STATE HIGHWAY #16 LOCATED IN THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 16 NORTH, RANGE 29 WEST. WASHINGTON
COUNTY, ARKANSAS. THE SOUTH LINE OF SAID EASEMENT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE INTERSECTION OF THE WEST
RIGHT-OF-WAY OF LEWIS WOODS LANE AND THE NORTH RIGHT-OF-WAY OF ARKANSAS
HIGHWAY #16 WHICH IS NO2°45'59"E 23054' AND S88°26'15"E 10.00' FROM THE SOUTHWEST
CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE ALONG SAID NORTH
RIGHT-OF-WAY OF ARKANSAS HIGHWAY#16THE FOLLOWING: S88°26'15"E231.21',NO1°33'45"E
10-00', S88-26'15"E 137 79', S87°33'41"E 156 88', ALONG A CURVE TO THE RIGHT HAVING A RADIUS
OF 7007 6Y FOR A CHORD BEARING AND DISTANCE OF S83'14'22"E 364.08' TO THE POINT OF
TERMINATION. THE SIDELINES OF SAID EASEMENT SHALL BE PROLONGED OR SHORTENED SO
AS TO BEGIN AT THE EAST RIGHT-OF-WAY OF LEWIS WOODS LANE AND TO TERMINATE AT A
LINE- THAT BEARS N 20'15'46" W RUNNING THROUGH SAID POINT OF TERMINATION.
CUR%'L RADIUS ARC LLNGTH CHORD LLNGTH CHORD BLARING DLLI A ANGLL
.CI 17,.,;763' j",6d 12' 136408' _ _ IS S3°14'-"L 2°508,
R V _ ` __ ARKANSAS HWY #16
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NOTE: THE PROPOSED 25' UTILITY EASEMENT ADIOINS
THE NORTH RIGHT-OF-WAY OF HIGHWAY #16
` l TILITY EASEMENT
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LINE
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LINE
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SURVEY DESCRIPTION:
A 5' WIDE SEWER EASEMENT LOCATED IN THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 21. TOWNSHIP 16 NORTH, RANGE 29 WEST,
W'ASHINGTON COUNTY, ARKANSAS, THE CENTERLINE OF SAID EASEMENT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE SOUTHWEST
CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2°45'59"E 230 541, THENCE
S88°26'15"E 10.00'. THENCE NO2o45'59"E 35 22' TO A POINT ON THE EAST RIGHT-OF-WAY OF
LEWIS WOODS LANE AND THE TRUE POINT OF BEGINNING AND THENCE LEAVING SAID
RIGHT-OF-WAY S88°14'14"E 57-08', THENCE- S87°11'36"E 70.39', THENCE S88°43'45"E 99-80',
THENCE S86°53'O1 "E 109.83', THENCE S89°23'23"E 86.69', THENCE S85° 19'S2"E 67 091, THENCE
S83°23'12"E 152AF, THENCE S83°40'16"E 177.45', THENCE S81°45'18"E 61-17, TO THE POINT OF
TERMINATION THE SIDELINES OF SAID EASEMENT SHALL BE PROLONGED OR
SHORTENED SO AS TO BEGIN AT THE EAST RIGHT-OF-WAY OF LEWIS WOODS LANE AND
TO TERMINATE AT A LINE THAT BEARS N 20°15'46" W RUNNING THROUGH SAID POINT OF
TERMINATION.
NOTE: THE CENTERLINE OF THE PROPOSED Y W IDE
UTILITY EASEMENT IS 4' NORTH OF THE EXISTING GAS
MAIN & THE EXISTING SANITARY SEWER FORCE MAIN.
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PROPERTY LINE ADJUSTMENT
SLR%'EY DE
•1E .NORTH W EST QUARTER .AND.A P VCT OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21
TO NSHIP Ile NORTH RANGE 29 %EST, N ASHINGTON COUNTY .ARKANSAS BEING MORE PARTIC'LLARLY DESCRIBED AS TOC COA S -T IT BEGINNING
.AT THCN'ORTIN CST COIU:LR OF SnIDSECTION!I ANUR MGTIiLNCCALONGTHENORTHLINTOFSAIDSECTION2IS8 lI'3'C26442e'TOTIC
NORTIIE.AST CORNIER OF THE NORTHEAST QUARTER OF TIIE%ORTHM EST QUARTER OF SAID SUCTION 21 TIIENCE .ALONG DIE EAST LINEOFSAIDECRTN
ACRE TRACT SII'_'424N'M 1316 3' TOME SOUTHEAST CORNER THEREOF THENCE ALONG THE SOUTH LINE OF TI IE NORTH IIALF OF THE NORTHWEST
QL ARTER OF SAID SECT ION'_ I NN-° I5 5- 264! IS TO THE SOUTH W EST CORNER OF SAID NORTH HALF THENCE ALONG THE WEST LINE THEREOF
N-550-EbN56 THECELEA%TNGS11DNESTLINFN23.4T55-%14A_ TIIENCENWPO710'E3395 THENCEWN1931'W 3J6'TIIENCESNttVT40"W4TT'_'
RIGHTS-0E-%A %) OF RECORD
.ADICNTEDPARCC •-IJI CLXL
LNORTH W CST QUARTER AND A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21
TOWNSHIP I6NORTH RANGE'_9WEST W'ASHINGTONCOLNTY VUAN'S\S BEING NIOREP\0.TfL'L\RLYDESCRIBED.IS FOLLON%S T0.WR BEGDR:ING
AT THE NORTN% ESTCORNER OF SAID SECTION 21ANDRLNNINGTHECEALONGTHE%ORTHLINEOFSAIDSE. DDN21SNT'IRA3'E2W'_6TOTHE
NORTHEAST COR NER OF THE NORMEkSTOL'ARTEROFTHENORTHWESTQCARTEROF SATUSECTION21 THENYEALON'GTHEEISTLLNEOFSAIDFORTI'
SCRTHEANT TURNER TIFF EOFTH[nl EALONG THIS(RTH LINE OF THE NORTH FACE OF THE NURTH%Ell
QL\NTLN (»SAID SERK)n 2M1Nx11551I'x 22'.-1 TH-1-AI%C SAID SOUTH LINEn'_PI!'An•N 1AOT3105(ICTHEASTCURNEROFTH[tlASL OF.A
FLAG POLE THECE NI9.2aT11 TE'Stl!53 TO fHE Nt"LOIE OF SAIDSECTION 2I. THECE LEAI'INGS VD NEST LLNE NN R45'N eT IR TNCNCE
N2)'4-55-% )19 !, TO AN E115TING PIPE 01 THE NORTH LINE OF SECFIOI 2B TOWNSHIP 16 NORTH RANCE'_9 W E51 THENCE ALONG SAID NORTI I LINE
e 5 UE 33016 TO THE POINTOFDCGINNING (ONT\1NING-63x ACRES MORLORLCSS SCBJCCTTO-kSCMETSANDRJGITTYOF-WAYOF
RECORD
0.EI IOUS PARCEL - 65-2404.000
•TER OF TFIE NORTHNESTOUARTER OFSE(T10N'_I TOWNSHIP I6NOR74 RANGE 29 WEST. NASHTNGTON COLNTY,
ARKANSAS F.%G MURE PARTH ULARLI DE- RIBED AS FIKLO W S TO -'FT BEGINNING AT THE MIRTH%EST l (ANER OF SAID FORT% Al RL TR ACT AND
NIAGTHECE ALUIO TO V(HCTFI LINE
T11LNkOF Sx`°I5 JF"E JJO W.THENCELEV11G 1.\IU IUKT11LINk Slx•IU10'k 101EUn, THECE ALONGA
CUR%t TOTHELEFTH.A%INGAR\DILSOFT3U16]F00.\CHORDBEARINGANUDISTANCEOFNE2"50 'W49308'.THENCE N8"•3
3N1'N R 51 THENCE
INN%^_6'I5-N 36A 9N THENCE 402-45 $9-E'_-' N THENCE VN'° 14V I-% IO W TO THE WEST LINE OF SAID SECTION _21 THENCE ALONG SAID WEST LINE
NO'_'4<59'C 505 SH TO THE FONT OF BCGI: NING, CONTAINING 12 00 ACRES MORE OR LESS SU W CCT TO ALL EASEMENTS AND RIGTRS R -N Al OF
RECORD
ADJL STED PARCEL e16t 2AUIti0W
>AMROF TIIENORTR'ESTQUARTEROFSECTION21 TOWNSHIPle NORTH RANGE 29 WEST. AASHTNGTON COL:TY,
ARKANSAS REIIG MORE PARTI( ULARLI OES( RIBED AS FIHLOW S TL -A IT BEGINNING AT THE NURTHW EST (ORNER (IF SAID FART% AC RE TR ACT AND
KLINHAGTHECA.ALOI(:TAILVOKTIILINETHERkONSR1°I55N"L4J524' THENCELEAVINGSAID%ORTII LINE S20.1 -EN561)THENCE\LONGAEURAL
TO THE 117 H.AV ING.1 RADIUS OF i3DT 13 FOR A CHORD BEARING AND DIST ONCE OF Nx3°53'15- 22937 THENCE NE7"33'41'W IN, 51. THENCE
IF- I5-'' 36A IS. TI I ONCE NO2'a559'E 2'16A' THENCk NID-1101'N HO XETO TIIE W ES LINE Or SAID SECTION 21. TI IECE ALONG SAID WEST LINE
N'02.4559-E 505 RI TO TIIE POINT OF BEGIN NING CONTATN'ING IO 69 ACRES MORE OR LESS SUBJECT TO ALL EASEMENTS %ND RIGHTSAF-''A) OF
RECORD
PRIA NOUN PARCEL31� F3-000
1-01THENORTH''ESTQHARTEROFSECTION21 TOWN'SHIPHNORTI RANGE29WEST,NASHIN'GTON000NTY
ANKANSASTBEING MURk PA RT1l CO.L% DESC RI BEO NS FOI LOWS T(}NIT BEG11A1 NG AT A RANT III THE 1ORTH RIUHT-0F_W AY OF STATE HIGH%AI
u 161 RICH IS N0±°14_3'k 1611 FRfI111E SOUTH- C'OKNLROF SAID FOKT) ACRE TRACT AND KLN'NING THENCE N3N'IU 30-W ISIA VS' TO THE,NORTH
LINE OF SAID FORTH .ACRE TR %( T THENCE .ALONG SAID NORTH LINE 58T"1558-E RR2 J4 T) TAR NORTHEAS T CORNER OF SAID FORTS ACRE TRACT
THECE ALONG THE EAST LINE THEREOF 502°A4 _J'N 1145 "N TO THE POINT OF REGINNIIG CONTAINING 13 %ACRES MORE OR LESS SUBJECTTO ALI
E %SCMETS AND RIGI Ti10E-' AY OF RECORD
ADJUSTED PARCEL v165-13183E IM
A PARS OF[HE SUUTHN EST QUART R OF THENORTHWESTQUARTIEROFSERION'_I TOWISHIPI6NORTH R.ANGEl9WST %ASHIIGIONCOLITY
ARKANSAS BEING MORE PARTICULARLY DESCRIBED ASFDUQWS T6%IT BEGI:TINGATAK3INTONTILSOUTHRIGHT-0E-WAYOFST\TF.IIIGIINAI
RIGHT-0E-WOYALONG,%CLRVETOTHELEFTH.A%NG.ARADUSOF690)16FUR1C'HO1 BENRB:G.1NDDIST%NROFN80^41%'N21564,THETE
LEAVING SAID RIGHT-0E-N Al N2- 46-% 1 MN 95 TO TI IE NORTH LINE OF SAID FORTH ACRE TRACT THENCE ALONG SAID NORTH 171- 5N"' 1558'E
e-WTO TI IC NORTHEAST CORNER OF SAID FORTY ACRE TRACT THENCLALONGTHELASTLF.N'ETHEREOF502-23'W 11.51E TOTHEPO TOF
BEGINNING CONTAINING I1 M ACRES, %TORE OR LESS SLBIE(T TO ALL EASEMENTS AND RIGH TS-0E-WAN OF RECORD
RFIRVUSPARCFI C'e'-IJIN.AL20
11111T OF THE SOUTH%EST QU.ARTEN OF TIE NORTH W ST QUARTER OF SE(T0N 21 TOWNSHIP H NORT( RANGE _'9 W ST' ASHIN'GTON C'OLNTY
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BEING MURE PARTR IJLARLI DES( RIBED AS FOLLOWS T}NIT HEGIININD AT A PI)IIT (IN THE NO()TH RIGHT )F% AY OF NT1TE HIGH%A%
•I6NHIC'H IS N0
'_-4559'E-52 IF.. .1 SOUTH- CORNEK OF SAID FORTI ACRE TR.ACT%%U RUNNING THENCE ALONG THE%ST LINLOF SAID
FORTY %(RE TRACT NO2"41 51E N002 TO THE NORTH LIGHT-0E-WAYOFSVD STATE HIGH'A).THEN'CC ALONG SAID NORTH RIG- W\Y SN8^_ WE
10 W TO THE EAST RIGHT-0E-WA) OF LEA IS N OODS LANE THENCE ALONG SAID EASTRIGHT-OF-WAY NU2° 519'E RR 07 THENCE LEAVING SAID
RIGHT-0E-WA)SNN•le'15-C224W THENCE S88 26 15-E - 98- THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 730163 FOR A CHORD
BEARING AND DISTANCE OF SN'_rW-E 195 ON TIIENCE SJN•10'10-E )92 NR THECE ALONG A CURVE TO THE LEFT H.A%I.NG .A RADIUS OF -L- 42 FORA
CI IORD BEARING AND DISTANCE OF N'6"46I I' W I'_0 W THENCE SIO _fi-% 3O W THECE ALONG %CURVE TO THE RIGHT HAVING A RADIUS OF 1WT 63
FORACHORD BEARING AND DISTANCE OF SI9°3055'E 2-, THENCE ALONG A CURVE TOTHE RIGHTHAV ING A RADIUSOF4M7 4T FOR A CHORD
BEARING NO DISTANCE OF SIN°32 2..'FE IM M TIIENCE 5112°4423-W 101 4T TO THE SOUTH RIG[ T-0E-WAY OF STATE HIGH' AN 116, THENCE ALONG SAD
RIGHT-0E-WAY THE FOLLOWING AI ONU \ (CARV E TU THE LEFT H A VING A RAUIUS (IF 456142 FAIR A (HORD BEARING AND OISTAIM E OF N78 -SI"W
A67 IT ALONG A CUKV L TTHO THE 1 EFT HA%'INU A RADIUS OF 6901 I6 FOR A CIIORU HEARING AND DISTANCE OF N.4-02']I'% 610 H I' NO-5'31: L 10110
ALONGACURVE OELEFTHAVINGAR%DIUSOF691721 FORACHOLDEEARLNG %N'D DIST ANCE OF NG"3X30- 160',1487°3J'4l'' 153%'.
NNN°26'15-W3J999'FO THE POIN F OF BI.OINN'ING, CONTAINING IU62ACRES NIOREORLESS SUBJECTTOALLEASEMENTSANDRIGHT l-WAYOF
RECORD
AUJUSTED PARCEL-5.11183L20
APART GET`
SOUTH%%'E11 QUARTER OF THE NORTHWEST QUARTF R OF SECTION 21. TQ W NSHIP I6 NORTH. RANGE 29 WLST. A ASHING FON COUNTY
ARKANSASR BEING MORE PARTICULARLI DESCRIBED AS FOLLOWS TO -NIT BEGINNING AT A POINT ON THE SOUTH UGH -WAY OF STATE HIGHA A)
N HIGH IS NII'a5'S9' E I511 t2' FRUM I HL SOUTHWEST CORNER Of SAIO FORTN ACRE 1 R ACT AND RUNNINU THENCE ALON1) TH F: A FST LINE OF S %IO
FLIRTY .ACRE TRACT NU2"A511-1 NII II T O 111E NORTH RIGHT-OF-WAY OF tiTATL HIGH- N I6, TIIENCE .AL(1NG SAID NORTH RIGH F{)F-WAN 5RN"26N 5"1
10 00 TO THE EAST RIGHT -OF -A' A) Or LEWIS A'OODS LANE THENCE ALONG SAID EAST RIGHT-0E-W %Y NO2"45'59-E 3U0 OT, THENCE LE A\TN'G SAID EAST
RIGHT-0E-WAI S-2b'15-E 224 90' I HENCE S.4-615'E 364 9N'.I HENCE ALONG .A CURVE TOTHE RIGHT HAVING A KADIUS OF "3U163' FORA CHORD
DEORING AND DISTANCE OF S8i SJ'IS"E 229 ]T, TEIENCC S20"15'46'E 4J2 21' N THL SOUTH RIGHT-OF-W Al' OP STATE HIGILWAY P I I, THENCE ALONG SAID
RIGHT-0E-WAYTHEfOLLOWING ALONGACUR%ETOTHELEFI H.AVINGARADIUSO 6 90116 FOR A CHORD B AND
DISTANCE
AND DISTANCE OF- I -I I'W
N.-J'1N05"2I" 6IN00',AL-3-9 URo I H THL LEFTHEGING ARA CONTAIN
IN 7421 FACRSHORDp BLESS AND DIST ONCE I ENS4°3 ENTS 1648'
N'"3,1R.F-153 VOFLET OR5•N'J"99910IRE PWNT OI 9CGINNING, C'O.N'TAINING I4N ,ACRES MORI OR LESS SUHIECTTf.1 ALI EASEMENTS AND
RIOHTSAF-WA) OF RE( ORD
OILS PARCFI 11763ml..11-10
A P.AN F Uf 1 HE S"OUTHN EST OU NRl ER Of THE NORTH W ES I QUARTER OF SE( TION 21, TOWNSHIP II, NORTH, K%NGE'_9 W EST, N ASHING I ON COUNTY.
ARKANSAS BEING MORE PARTIC U LA ON DCSCRI BED AS FOI LOWS TO -A IT: BEGINNING AT A POIN I ON THE NORTH RIGI I1'-0E-WAY OF STATE HIGH' AN
6 H6 A IT Cl IS NO2"44'23' E 16V M' FROM ME SOUTHEAST CORNER OF SAID FORTY \ERE TRACT AND RUNNING THENCE ALONG SAID RIGHTAF-A Al
ALONG A CL'RA E 10 THE LEFT I IAVINC, A RADIUS OI 4667 42 FOR A C I IOR1)1LAIN I NG AND DISTANCE OF NJ8°J2'25"1V 154 N, TI ILNCC CDNTI NUI NG ALONG
SAID RIGHT-0E-A AN ALONG A CURVE TO ME LEFT H AVIN'G A RADIUS OF'OOT 61 FOR A CHORD BEARING AND DISTANCE OF NN10'SSW 1'_7
1 HENCE LEAVING SAID FIGHT -OF -WAY N10'29'46-E 30 W', THENCE ALONG A CURVE TO THI: RIGHT HAVING A RADIUS OF 46914'_' FOR A (HORD BAKING
AND GIST ONCE OF STS°4e I I'E 120III TIIENCE SJN"10' REE JT U'_' TO ME POINT OF BEGINNINGONTA CINING 01N AC RES MORE OR LESS SUITE( T TO Al L
F ASEME' FN AND R IGHTS4)I -N A) OF RF(ORD
ADIUSTEO P 3R( EL x165=1] IN]L 10
AH I OF T HE NORTIWEST QUAR I ER OF TI IE%OR I H N LST QUARTER OF SECTION 21 -1 I'D.'I6NORT1 RANGL'_9 A EST WASIIINGTIN COUNT)
ARKANSAS, BEING MORE PARTIC'ULARL) DSCBHBLDASDOLLOWS TO -WIT BEGINNING AT ME SOUTH%LSTCORN'EIi OF SAID FORTY ACRE TRACT hND
RUNNING TI IENCE ALONG THE% EST LINE 1HEREOr NO2°45'59-L 6b456 IHECPLFAY ING SAIDWEST LINE N23.4755w Mb 22 TO ENCL NNO"UT'4U'E 3V5,
THEN( L N09"I V lT'W 5J 46, THENCE SNO"Ol41- 4112 MENC C N23°4T'55'N 21 T 1)0 TI IENC E S"El°INN.I'E INT 10 TO THC WEST LINE OF SAID SECTION 21
I HENCE SI9°l4'01'L 3N5 53' TU THC SOUTHEAST(` ORE ER OF FHF BASE OI A FLAG POLE THECE S2 "l S'46'1 T4U 15' TOl Hf SOUTH I INE DF SAID I ARTY
ACRE TR1CT TIIENCE ALONG SAID SOUTI I LIN F: N'Sl"15'5N'A 435 24' TO THE POINT OF BEGINNING, CONTAINNO.5 90 ACRES MORE OR LESS SLID LEFT TO
ALL EASEMENTN AND RIGHTNI )F-N AN lIP i-O,
FIELD WORK
L 1ST SIT: VISIT JIJNL 6 2014
BASIS OF BLARING
ARKANSAS STAI E PLANE COORDINATES- NOIR H LONE
REFERENCE DOCUMENTS
' 1RRAN TY DEED FILED IN
BOOK 92 AT PAGE IN3
_'I PL %T OF 5L'RVEY BY BATES C
ASSOCIATES DN G 1 1'_1NM
41 AHTD RIGHT-011 %Y PLANS
PARCELS 'Te5-131 NUL00 & -eS I A1NJ/
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WE THEONUERSIGNEDONNERS REINRESENTINGONEHUNDRLDPERCENT(ID)'AJ
1'
ON NERSHIP OF THE REAL EST ATE SHOWN N AND DESCRIBED HEREIN, DO HERFUI
DEDICATE FOR PUBLIC OWNERSHIP, ALL STREETS AND ALLEYS AS SHOWN ON THIS PLAT
FOR PUBLIC BE,1' Ern ASPRESIRIBEDHN LAN THEUN NERS ALSO DEDICATE TO THE
IH FII ETTEV ILLE AI'D'I O THE PLIBLI( UTILITI (:11-ANIES UNC LUDINO ANY
CABLE FELkV ISION CO6IPAN'Y HOLDING .A FRANCHISE CRANTI:U B1 TIIE CIF OF
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F.AN LTTLVILLLI THE LASLMLNTS AS SHOW N ITN TI HIS PLAT FOR TIIE PURIYISE CIF
INST ALL %TION OF NE W FACILITIES IND THE REP AIR OF EXISTING F \CHUTES ALSO
ESTABLISHED I IEREBY IS TI IE RIGI IT OF INGRESS AND EGRESS TO SAID EASEMENTS, I HE
RIGHT TO PROHIUIT THC CR[(TON OF OUILDINGS STRUCTIFREs, UR FENCES W ITIi IN
SAID CASEMENTS AND THE. RIGHT TO REIOVEOR TROT TREES NII HIN SAID
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a
GATE OWNER
NOTE.
THE LW AD Of UTILITIES SHOWN HEREON ARE FROM OBSERVED EVIDENCE OF
AS M ELL ASTROUND SE THAT MAN EXIST
ALL UTILDERGR I LINESNEEDAPPEARING NTRI HIS PLAT
TO WIN AST305 FTiF EX A) EXIST UNDERGROUND LINE T AN ALS EXIST
PRIOR
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DETERMINED B) MEN ATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE
RA) F MAP FOR WASHING TON COUNTY. ARKANSAS
(FIRM PANELS 1105143CO14OF&05143CO245F DATLD05I1N1008)
C ORNER REEFFERENCE R I
I S N6 0154" E 3T 113 TO A 2' ALN'LFT TREE
2 S 2T VW 19' E .39 51Y I O AN CXI,'I ING WIXID FENC E PUSI
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PROPERTY LINE ADJUSTMENT
TOTAL ACREAGE
1$8.04 ACRES
%*
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PARCEL J765-13183-010
ADJUSTED ACREAGE
5.90 ACRES
PARCEL #765-13180-000
PREVIOUS ACREAGE
82.27 ACRES
ADJUSTED ACREAGE
76.38 ACRES
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10.69 ACRES ADJUM ACWUGE
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- ! _ I HEREBY CERTIFY THIS TO BE TRUE AND CORRECT
TO THE BEST OF MY KNOWLEDGE AND BELIEF
1 ON THIS THE_xxxxx DAY OF _xxxxx_, 2012
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IF THE SIGNATURE ON THIS SEAL IS NOT AN
ORIGINAL AND NOT BLUE IN COLOR
THEN IT SHOULD BE ASSUMED THAT THIS PLAT MAY
HAVE BEEN ALTERED THE ABOVE CERTIFICATION
SHALL NOT APPLY TO ANY COPY THAT DOES NOT
BEAR AN ORIGINAL SEAL AND SIGNATURE
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- ApAI/NY`Y 1.9-157 PTAP
CITY OF FAYETTEVILLE, ARKANSAS
PROPERTY LINE ADJUSTMENT
FOR STAFF USE ONL Y
FEE. $200. 00
Dale Application Submitted:
Dale Accepted as Complete:
S-T-R:
Case I Appeal Number:
PP#:
Public Hearing Date:
Zone:
Please fill out this form completely, supplying all necessary information and documentation to support your request.
Your application will not be processed until this information is furnished.
Application:
Indicate one contact person for this request:
Applicant (person making request):
Phone -
(479) 44 -5932
Fax -
Applicant -V- Representative
Representative (engineer, surveyor, realtor, etc.):
Name- Jeff Heckle
CH2MHILL
AR 72701 FqVPttPyl11P. ': 72701
Phone -
( ) 443-3999
Fax -
Site Address / Location: Lewes Woods LN. / East HulltsVllle Rd.
FaVettevollp AR
Zoning
Assessor's Parcel Numbers for the
Size of
Size of Resulting Tracts
District
Properties
Parent Tract
(acres)
acres
Tract A
R-A
Tract B
Tract C
R-A
Tract D
RSF-4
765-13183-020
10.62
Tract E R-A 765-13183-010 0.09 5.90
FINANCIAL INTERESTS:
The following entities and / or people have financial interest in this project:
May 2013
Page 1
APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers
herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge
and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation
of application completeness, determination, or approval. I understand that the City might not approve what I am
applying for, or might set conditions on approval. —Z—Z-
Name
Date:
PROPERTY OWNER(S) /AUTHORIZED AGENT. I/we certify under penalty of perjury that I am/we are the
owner(s) of the property that is the subject of this application and that I/we have read this application and consent to
its filing. (If signed by the authorized agent, a letter from each property owner must be provided indicating that the
agent is authorized to act on his/her behalf.)
Owners of each parcel being adjusted must sign this application.
Owners (attach additional info if
Name
0Z l'2%"J2. VLIZ r« r
Date:,
Favetteville-AR.12MI.
Phone: (479) 442-5932
Phone: (479) 575-8331
May 2013
Page 2
Parcel No. 765-13183-020
765-13183-010
CORRECTION WATER/SEWER EASEMENT
(This easement to correct and replace easement filed for record 7-1-81 and
Recorded in deed record 1044-513 from Herbert A. & Marie Lewis)
BE IT KNOWN BY THESE PRESENTS:
THAT Dan A. Spencer and Anita Z. Spencer, husband and wife,
hereinafter called GRANTOR, for and in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Elkins,
Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto
Grantee's successors and assigns, a permanent easement and a temporary
construction and grading easement to construct, lay, remove, relay, inspect, enlarge
and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and
appurtenances thereto, on, over, across, and under the following described land
situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Ref: 92-1643—first legal)
Part of the Southwest Quarter (SW%) of the Northwest Quarter (NW%) of Section 21, Township 16 North,
Range 29 West, more particularly described as follows, to -wit: Beginning at the Northwest corner of said 40
acre tract 330 feet; thence Southwesterly to a point in the East boundary line of aid 40 acre tract which point
is also a point in the north of the right of way of State Highway No. 16; thence South on said East line to the
South right of way of said Highway No. 16; thence North 81 degrees 17 minutes West 100.7 feet with said
South right of way line, thence West with the South right of way line 1221 feet to the West line of said 40 acre
tract; thence North to the point of beginning. Subject to that portion that lies in Lewis Woods Lane on the
West side thereof. Also subject to all easements and rights of way of record.
PERMANENT EASEMENT DESCRIPTION:
A 25' wide utility easement lying parallel to and along the North right of way of Arkansas State Highway #16
located in the Southwest Quarter of the Northwest Quarter of Section 21, Township 16 North, Range 29
West, Washington County, Arkansas, the South line of said easements being more particularly described as
follows, to -wit: Beginning at the intersection of the West right of way of Lewis Woods Lane and the North
right of way of Arkansas Highway #16 which is NO2°45'59"E 230.54' and S88°26'15"E 10.00' from the
Southwest corner of said forty acre tract and running thence along said North right of way of Arkansas
Highway #16 the following: S88°26'15"E 231.21', N01°33'45"E 10.00', S88026'15"E 137.79', S87°33'41"E
156.88', along a curve to the right having a radius of 7007.63 feet for a chord bearing and distance of
S83014'22"E 364.08' to the point of termination. The sidelines -of said easement shall be prolonged or
shortened so as to begin at the East right of way of Lewis Woods Lane and to terminate at a line that bears
N20°15'46"W running through said point of termination.
Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of
the rights herein granted.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines,
manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first
hereinabove described for the uses and purposes hereinabove set forth.
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.
The Grantor agrees not to erect any buildings or structures in said permanent easement.
The Grantee shall have the right to construct additional pipe lines 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.
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
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WATER/SEWER EASEMENT
Page 2 of 2
fdty WITNESS the execution hereof on this the of �,2 4.
Dan AL Spencer
a"&Z-0—
Anita Z. Spenceff
ACKNOWLEDGMENT
STATE OF ARKANSAS }
} 5S.
COUNTY OF Be4462 j
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Pubfic
within and for said County and State, personally appeared Dan A. Spencer and Anita Z. Spencer, husband and wife, to
me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that she/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 25 day of 12014.
MY COMMISSION EXPIRES: r
k " HOLLY F, JOKES Notary Pu ' l`
FAY COMMISSION # 12365157
:9stifr EXPIRES: may I 2018
'•. KXNS',r�^Benlon cooly
Parcel No. 765-13183-020
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Dan A. Spencer and Anita Z. Spencer, husband and wife,
hereinafter called GRANTOR, for and in consideration of the receipt of land of equal
value from the City of Fayetteville, the receipt of which is hereby acknowledged,
does hereby GRANT, SELL and CONVEY unto the City of Fayetteville,
Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto
Grantee's successors and assigns, a permanent easement and a temporary
construction and grading easement to construct, lay, remove, relay, inspect, enlarge
and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and
appurtenances thereto, on, over, across, and under the following described land
situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Ref: 92-1643—first legal)
Part of the Southwest Quarter (SWY4) of the Northwest Quarter (NW`/4) of Section 21, Township 16 North,
Range 29 West, more particularly described as follows, to -wit: Beginning at the Northwest corner of said 40
acre tract 330 feet; thence Southwesterly to a point in the East boundary line of aid 40 acre tract which point
is also a point in the north of the right of way of State Highway No. 16; thence South on said East line to the
South right of way of said Highway No. 16; thence North 81 degrees 17 minutes West 100.7 feet with said
South right of way line, thence West with the South right of way line 1221 feet to the West line of said 40 acre
tract; thence North to the point of beginning. Subject to that portion that lies in Lewis Woods Lane on the
West side thereof. Also subject to all easements and rights of way of record.
PERMANENT EASEMENT DESCRIPTION:
A 5-foot permanent easement located along the northern -most edge of a 25-foot easement originally
recorded in Book 1044, at page 513, corrected and replaced with an easement recorded as Document No. _
, described as: Centerline of easement, commencing at the SW corner of the SWX
of the NWX of Section 21, Township 16 North, Range 29 West, Washington County, Arkansas, and running
thence N02045'59"E 230.54', S88926'15"E 10.00% and NO2'45'59"E 35.22' to a point on the East right of way
of Lewis Woods Lane and the true Point of Beginning and thence leaving said right of way S88°14'14"E
57.08', thence S87°11'36"E 70.39', thence S88"43'45"E 99.80`, thence S86'53'01"E 109.83', thence
S89°23'23"E 86.69', S85°19'52"E 67.09', thence S83023'12"E 152.41', thence S83°40'16"E 177.45', thence
S81°45'18"E 61.17' to the point of termination. The sidelines of said easement shall be prolonged or
shortened so as to tegin at the East right of way of Lewis Woods Lane and to terminate at a line that bears
N20015'46"W running through said point of termination. See attached Exhibit.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
Also a 20' temporary construction and grading easement adjacent to the north line of the above described 5-foot
permanent easement as shown on the attached exhibit.
Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of
the rights herein granted.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any permanent
structure presently located within said temporary construction and grading easement area.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines,
manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first
hereinabove described for the uses and purposes hereinabove set forth.
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.
The Grantor agrees not to erect any buildings or structures in said permanent easement.
The Grantee shall have the right to construct additional pipe lines 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.
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
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WATER/SEWER EASEMENT
Page 2 of 2
WITNESS the execution hereof on this the C.� day of Z-Z,,.aa�2014.
Dan A. pencer Anita Z. Spencer
ACKNOWLEDGMENT
STATE OF ARKANSAS }
} COUNTY OF �-f� ss. j
BE IT REMEMBERED, that on this date, before the undersigned, a du€y commissioned and acting Notary Public
within and for said County and State, personally appeared Dan A. Spencer and Anita K. Spencer, husband and wife, to
me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that shelthey
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 /j5l-h day of ', 2014.
MY COMMISSION EXPIRES:
HOLLY F. JCnNEI NotaryP b
15510N i2365157
ip �w EXPIRES; May I. 2a18 It
',aa6n Benton Cvunfy