HomeMy WebLinkAbout1989-04-01-R RESOLUTION # 0 I '1
A resolution accepting certain property Quitclaimed and to be
Quitclaimed to the City of Batesville, Arkansas.
Be it resolved by the Council of the City of Batesville,
Arkansas as follows :
WHEREAS, Preston W. Grace, Sr. and Charlotte B. Grace, his
wife and Loyd Leftwich and Vineda Leftwich, his wife, previously
quitclaimed the following described properties to Independence
County, Arkansas for purposes of a public road, said property
more particularly described as the Old Dethrow Road property:
Commencing at the intersection of the North right-of-way
line of Highway #25 and the East right-of-way line of
U. S . Highway #167 , said point being 50 feet North and
18 feet East of Southwest corner of Southwest Quarter
(SWI-4) of Southeast Quarter (SE4) , Section 3 , Township
I 13 North, Range 6 East; thence North 1 degree 21 minutes
East along the East right-of-way line of State Highway
#167 , 401. 4 feet; thence Northeasterly along said right-
of-way line on a curve to the right having a radius of
1085 .91 feet a distance of 650 .37 feet; thence North
35 degrees 40 minutes East along said right-of-way
line 268 . 23 feet to the South line of Old Dethrow
Road, the point of beginning, thence North 89 degrees
58 minutes 20 seconds East along said South line to
the West bank of Miller' s Creek; thence North and
perpendicular to said line 35 feet to the North line
of Old Dethrow Road; thence North 89 degrees 58 minutes
20 seconds West along said line to the East right-of-
way line of State Highway #167; thence South to the
point of beginning, and being a part of the SE4 of
Section 3 , Township 13 North, Range 6 West.
WHEREAS , the Quitclaim deed to Independence County, Arkansas
provided that the aforesaid property would revert to the said
Grantors in the event the public road was ever abandoned and the
property no longer used as a public road;
WHEREAS , Independence County, Arkansas has in fact abandoned
said property for use as a public road;
WHEREAS , Charles Goff owns the following described property,
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hereinafter referred to as the Goff property, which can be reached
by using the old Dethrow Road:
A part of the Southeast Quarter of Section 3 , Township
13 North, Range 6 West, described as follows: Beginning at
the intersection of an old County Road (Old Highway #11) and
the East R/W line of the present Highway 394; thence North
35 degrees 40 minutes East along the East Highway R/W line
208 .6 feet, more or less, to the Williams property line;
thence East 269 . 5 feet along the Leftwich-Williams property
line to an iron pipe in the fence line for a Point of Beginni g;
thence continue East along the said property line 147 feet;
thence Northeasterly with the Williams property line 242 .9 fe t
to the South line of the Theatre tract; thence East along
the Theatre property line 405. 9 feet; thence South 3 degrees
West with the extension of the East line of the Theatre
tract 209 .9 feet; thence East 724 feet, more or less to the
center of Miller Creek; thence Southerly along Miller Creek
to the North R/W line (15 feet from center line) of an Old
County Road; thence along the North R/W line 1292 ft. West,
more or less, to an iron pin; thence North 142 feet to the
Point of Beginning.
WHEREAS , Independence County, Arkansas by Quitclaim deed,
has conveyed its interest in the Old Dethrow Road property to the
City of Batesville, Arkansas by deed dated the 23rd day of March,
1989 , and recorded in book G-14 , pages 141-142 in the Recorder's
Office of Independence County, Arkansas;
WHEREAS, Preston W. Grace, Sr. and Charlotte B. Grace and
Loyd Leftwich and Vineda Leftwich, his wife, have likewise
conveyed their interest in the Old Dethrow Road to the City of
Batesville, Arkansas , by quitclaim deed dated the 28th day of
February, 1989 and recorded in Book G-14 in pages 143-144 in the
Recorder ' s Office of Independence County Arkansas;
WHEREAS , Charles Goff will soon be quitclaiming to the City of
Batesville, Arkansas a strip of the Goff property for purposes of
use as a public road, which strip will adjoin the Old Dethrow
Road property on the north, leaving the south half of the Old
caned by the Arkansas State Board for Vocational Education since
State Board' s property goes to the middle of the Old Dethrow
Road;
WHEREAS , in the event the aforesaid property is not used for
public road purposes, it would revert to Preston W. Grace, Sr. and
Charlotte B. Grace, his wife and Loyd Leftwich and Vineda Leftwich
s to the Old Dethrow Road property and to Charles Goff and Betty
off, his wife, as to the Goff property;
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NOW, THEREFORE , THE CITY OF BATESVILLE , ARKANSAS accepts the
quitclaim deeds referred to above from Preston W. Grace, Sr. and
harlotte B. Grace, his wife and Loyd Leftwich and Vineda Leftwich,
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is wife, and Independence County, Arkansas, and further states
for the record that it will accept upon recordation, the quitclaim
deed referred to above from Charles Goff and Betty Goff, his wife
for use as a public road, running from Highway 233 east to the Goff
property upon condition that said property will revert to the
respective grantors in the event it is no longer used as a public
road.
PASSED AND APPROVED, THIS DAY OF APRIL, 1989 .
CITY OF BATESVILLE, ARKANSAS
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( ATTEST:
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CITY CLERK
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QUITCLAIM DEED
it
!! KNOW ALL MEN BY THESE PRESENTS :
That INDEPENDENCE COUNTY, ARKANSAS , duly authorized, for the
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consideration of the sum of ONE DOLLAR ($1. 00) and other good and
. valuable consideration in hand paid by the CITY OF BATESVILLE,
H;; ARKANSAS , ("Grantee") , the receipt of which is hereby acknowledged,!
; does grant, sell and quitclaim unto the said Grantee and unto its
: successors and assigns forever, all its right, title, interest
and claim in and to the following lands lying in Independence
County, Arkansas :
Commencing. at the intersection of the North right-of-way
line of Highway #25 and the East right-of-way line of
U. S . Highway #167, said point being 50 feet North and
18 feet East of Southwest corner of Southwest Quarter
(SWk) of Southeast Quarter (SE4) , Section 3 , Township
13 North, Range 6 West; thence North 1 degree 21 minutes
East along the East right-of-way line of State Highway
#167, 401. 4 feet; thence Northeasterly along said right-
of-way line on a curve to the right having a radius of
1085. 91 feet a distance of 650 . 37 feet; thence North
35 degrees 40 minutes East along said right-of-way
line 268. 23 feet to the South line of Old Dethrow
Road, the point of beginning, thence North 89 degrees
58 minutes 20 seconds East along said South line to
the West bank of Miller ' s Creek; thence North and
perpendicular to said line 35 feet to the North line
of Old Dethrow Road; thence North 89 degrees 58 minutes
20 seconds West along said line to the East right-of-
way line of State Highway #167; thence South to the
point of beginning, and being a part of the SEh of
Section 3, Township 13 North, Range 6 West.
TO HAVE AND TO HOLD the same unto the said Grantee, and unto
,] Its successors and assigns forever, with all appurtenances there-
unto belonging.
IN TESTIMONY WHEREOF, the name of the Grantor, INDEPENDENCE
(W
11COUNTY, ARKANSAS , is hereunto affixed by its County Judge, this
day of 1989.
INDEPENDENCE COUNTY, ARKANSAS
BY:
David t t
_%ya C unty Judge
(W
ACKNOWLEDGMENT
!; STATE OF ARKANSAS
SS .
! COUNTY OF INDEPENDENCE
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On thisday of 1989 , before me
,, a Notary Public duly commissioned, qualified and acting, within
;', and for the said County and State, appeared in person the within
' named DAVID WYATT to me personally well known, who stated that he
'was the COUNTY JUDGE of INDEPENDENCE COUNTY, ARKANSAS , and was
duly authorized in his capacity to execute the foregoing instru-
� ment for and in the name and behalf of said County and further
stated and acknowledged that he had so signed, executed and
delivered said foregoing instrument for the consideration, uses
and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
official seal this day of 1989 .
NotaPublXcl""
" ' irMy 'Commission Expires:
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CERTIFICATF.- OF RECORD
STATE OF ARKANSAS
County of Independence
1, Ron Webb -!crk c: z,, Circuit Court and Ex-Officio
Recorder within ano o Co-um v aforesaid,do hereby certify
it
that the annexed ati-r1¢ of writing was filed
for record in nn%--�f- 5 i? �t —aay o April A.D.
19-12,at . P- same is now duly
thereon,in
riecor(i eocG-14 141-142-of Deed
ic- ;Icreunto set my hand and
affixed the. seal of said Court at my office In the City of
Batesville-A/-Kiansas,this 5 dayof A ril 19-$-9
-4jnAAJ A ZIA 4F-- F
By
(W
%
1W
4W QUITCLAIM DEED
(Married Persons)
KNOW ALL MEN BY THESE PRESENTS :
That we, PRESTON GRACE, SR. and CHARLOTTE B. GRACE, husband
and wife, and LOYD LEFTWICH and VINEDA LEFTWICH, husband and wife, i
("Grantors") , for the consideration of the sum of TEN DOLLARS
($10 .00) and other good and valuable consideration in hand paid
by the CITY OF BATESVILLE, ARKANSAS ("Grantee") , the receipt of
which is hereby acknowledged, do GRANT, SELL and QUITCLAIM unto
the said Grantee and unto its assigns forever, all our right,
title, interest and claim in and to the following lands lying in I
Independence County, Arkansas:
Commencing at the intersection of the North right-
of-way line of Highway #25 and the East right-of-way
%W line of U. S. Highway #167, said point being 50 feet
North and 18 feet East of Southwest corner of South-
west Quarter (SW4) of Southeast Quarter (SE4) , Section
3, Township 13 North, Range 6 West; thence North 1
degree 21 minutes East along the East right-of-way
line of State Highway #167 , 401.4 feet; thence North-
easterly along said right-of-way line on a curve to
the right having a radius of 1085 .91 feet a distance
of 650 .37 feet; thence North 35 degrees 40 minutes East
along said right-of-way line 268 . 23 feet to the South
line of old Dethrow Road, the point of beginning, thence
North 89 degrees 58 minutes 20 seconds East along said
South line to the West bank of Miller ' s Creek; thence
North and perpendicular to said line 35 feet to the
North line of Old Dethrow Road; thence North 89 degrees
58 minutes 20 seconds West along said line to the East
right-of-way line of State Highway #167; thence South
to the point of beginning, and being a part of the SE4 of
Section 3 , Township 13 North, Range 6 West.
This conveyance is made for the purpose of constructing
a public road and in the event the public road is aban-
doned and the property no longer used as a public road
then this conveyance shall revert to Grantors herein.
(W To HAVE AND TO HOLD the same unto the said Grantee and unto
its assigns forever, with all appurtenances thereunto belonging.
AND WE, the Grantors, for and in consideration of the said
sum of money, do hereby release and relinquish unto the said
Grantee and unto its assigns, all our rights and possibility of
dower, curtesy and homestead in and to the said lands.
19, 9 .WITNESS our hands and seals on this day of February,
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PRESTON W. GRACE , SR. fOYD IXFT TCH I
CHARLOTTE B. GRACE VINEDA LEFTWICH
ACKNOWLEDGMENT
(W STATE OF ARKANSAS )
) ss .
COUNTY OF INDEPENDENCE )
On this day personally appeared before me PRESTON W. GRACE,
SR. , and CHARLOTTE B. GRACE, his wife, known to me to be the j
persons whose names are subscribed to the within instrument and
acknowledged that they executed the same for the purposes therein
contained.
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WITNESS my hand and official seal this day of February,
11989 . l
Notary Public
My Comm 711
si n Expires :
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(SEAL)
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ACKNOWLEDGMENT
STATE OF ARKANSAS )
) ss.
COUNTY OF INDEPENDENCE ) I,
On this day personally appeared before me LOYD LEFTWICH and
VINEDA LEFTWICH, his wife, known to me to be the persons whose
names are subscribed to the within instrument and acknowledged
that they executed the same for the purposes thjerein contained.
WITNESS my hand and official seal this 7 day of F��.
1989.
Notary Public
My Commi sio Expires:
(SEAL) CERTIFICATE OF RECORD
STATE OF ARKANSAS
Counxy of Independence
1. (ion Webb, Cleric of the Circuit Court and Ex-Officio
Recorder within and for the County aforesaid,do hereby certify
that the annexed and foregoing instrument of writing was filed
for record In my office this--I----day day of Apri 1 A.D.
.--8 9 at 4 -' N'ciock P M.and the same is now duly
r:aed,with the acknowledoment and certificates they n,in
G-14 R:117. 143-144of Deed
j T-'S'1-IiMIONY WHEREOr,I have hereunto set my hand and
i kxed the seal of said Court at my office .ij the Cl y9of
Batesville, nsas,this 5 day of Apr i
By ,�,, _�