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HomeMy WebLinkAbout1980-735-R (W RESOLUTION NO.735 OF THE CITY COUNCIL FOR—T—H"E—CITY OF BATESVILLE, ARKANSAS A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF BATESVILLE, ARKANSAS TO EXECUTE AN EASEMENT DEED AND TEMPORARY CONSTRUCTION EASEMENT DEED TO THE STATE OF ARKANSAS FOR THE CONSTRUCTION OF AND WIDENING STATE HIGHWAY NO. 69. WHEREAS, the City of Batesville may have an undetermined but potential interest in a certain parcel of real property to wit: A part of the Southwest Quarter of the Southeast Quarter and the Northwest Quarter of the Southeast Quarter of Section 15, Township 13 North, Range 6 West, Independence County, Arkansas, more particularly described as follows: Beginning at a point that is 40.0 feet Right of and per- pendicular to Survey Centerline Station 700+94.0 said point being on the existing Northerly right of way line of State Highway #69; thence North 600 25' West along said existing right of way line a distance of 70.0 feet to a point; thence North 290 35' East a distance of 25.0 feet to a point; thence (W South 600 25' East a distance of 70.0 feet to a point; thence South 290 35' West a distance of 25.0 feet to the point of beginning and containing 0.04 Acre, more or less. and, A part of the Northwest Quarter of the Southeast Quarter and the Northeast Quarter of the Southwest Quarter of Section 15, Town- ship 13 North, Range 6 West, Independence County, Arkansas, more particularly described as follows: Starting at the Southwest corner of the Northwest Quarter of the Southeast Quarter of Section 15; thence North 20 01' East along the West line of said Quarter a distance of 673.0 feet to a point on the existing Northerly right of way line of State Highway #69 for the point of beginning; thence North 200 50' West along said existing right of way line a distance of 114.4 feet to a point on the proposed Northerly right of way line of said State Highway; thence South 320 30' East along said proposed right of way line a distance of 98.9 feet to a point; thence South 090 31' East along said proposed right of way line a distance of 102.0 feet to a point on said existing right of way line; thence North 200 50' West along said exist- ing right of way line a distance of 82.5 feet to the point of beginning and containing 0.05 Acre, more or less. and, WHEREAS, the State of Arkansas has requested the City of Batesville to grant an easement for purposes of constructing, reconstructing and widening State Highway #69 along said parcel , and, WHEREAS, White-Rodgers Division of Emerson Electric Company of Batesville, Arkansas has, by letter, granted its approval to the City of Batesville, that the City of Batesville execute an easement deed and temporary con- struction easement deed to the above said land, and, WHEREAS, the proposed construction, reconstruction and widening of Highway #69 along said property will be beneficial to the City of Batesville and its citizens and will promote the orderly flow of traffic along said highway and will promote the public's health, welfare and safety, and, WHEREAS, the State of Arkansas has agreed to pay the sum of $1.00 and other valuable consideration for whatever interest in said property the City of Batesville now owns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS AS FOLLOWS: 1. ) That the City Council of the City of Batesville, Arkansas hereby authorizes the Mayor and the City Clerk of the City of Batesville to execute a deed to the State of Arkansas granting a temporary con- struction easement to the following described pro- perty: A part of the Southwest Quarter of the Southeast Quarter and the Northwest Quarter of the Southeast Quarter of Section 15, Township 13 North, Range 6 West, Independence County, Arkansas, more particularly described as follows: Beginning at a point that is 40.0 feet Right of and perpen- dicular to Survey Centerline Station 700+94.0 said point being on the existing Northerly right of way line of State Highway #69; thence North 600 25' West along said existing right of way line a distance of 70.0 feet to a point; thence North 290 35' East a distance of 25.0 feet to a point; thence South 600 25' East a distance of 70.0 feet to a point; thence South 290 35' West a distance of 25.0 feet to the point of beginning and containing 0.04 Acre, more or less. and, 2. ) That the City Clerk and Mayor are hereby authorized to execute a deed granting a permanent easement to the State of Arkansas to the following described property: A part of the Northwest Quarter of the Southeast Quarter and the Northeast Quarter of the Southwest Quarter of Section 15, Township 13 North, Range 6 West, Independence County, Arkansas, more particularly described as follows: Starting at the Southwest corner of the Northwest Quarter of the Southeast Quarter of Section 15; thence North 20 O1' East along the West line of said Quarter a distance of 673.0 feet to a point on the existing Northerly right of way line of State Highway #69 for the point of beginning; thence North 200 50' West along said existing right of way line a distance of 114.4 feet to a point on the proposed Northerly right of way line of said State Highway; thence South 320 30' East along said proposed right of way line a distance of 98.9 feet to a point; thence South 090 31' East along said proposed right of way line a distance of 102.0 feet to a point on said existing right of way line; thence North 200 50' West along said existing right of way line a distance of 82.5 feet to the point of beginning and containing 0.05 Acre, more or less. - 2 - GAdopted this 0 day of a 1980. 61 a APPROVED: eyt Golden, Mayor Attest: LJ Larry Williams, City Clerk r . WHITE-RODGERS December 13, 1979 Mr. Peyton Golden, Mayor City of Batesville City Hall Batesville, Arkansas 72501 Re: Request for Easements, Arkansas State Highway Commission Job No. 5659-1 Dear Mayor Golden: Subject request for temporary and permanent easements by the Arkansas State Highway Commission has been reviewed with our corporate offices. At this time, we can find no conflicts in the descriptive material presented. You have our approval to sign the required documents as presented to you by the Arkansas State Highway Commission. We would like to receive copies of the signed documents for our files, when available. Very truly yours, WHITE-RODGERS COMPANY R. J. Hines Ass't. General Manager RJH:kc ILMI=_RSUN WHITE-RODGERS DIVISION EMERSON ELECTRIC CO. BOX 2117, BATESVILLE, ARKANSAS 72501 T ,F CORPORATION EASEMENT DEED_ CW rt a'. KNOW ALL MEM. BY THESE PRESENT: That: City of Batesville a municipaI 'corporation organized under the laws of the State 'of .Arkansas , for an in con'sidera'tion of One Dollar ($1.00) and other valuatble considerations, cash in hand paid, the receipt of which is hereby,-..ackhowl-eded, does hereby grant, sell and convey 'and Quit' Iaira to the Arkan, state:fohway Commission, its successors and assigns fdr ver aii ' a ` clusive: rti ht. off, way and easement for highway purposes on' State Highway,N6', 691 • Job No 59! across,--through and over the following lands sYtt ted ii:n the Coun.ty.. of Iidencnce State of Arkansas: {' A,'part of the Northwest Quarter of the Southeast Quarter ano the li r.he�itt ua�rter of the Southwest Quarter of Section 16� To th P ' . 13. t'th► .Ranke'.6, West, Independence County, Arkansas, .. p��t :et 1'01y*t'c'ri bed as follows: StraiOtfng at :;the Southwest corner of the Northwest. Quarter, of the Sbu east Quiker, of Section 15; thence North 20 01' East aiprig sig dine of said Quarter a distance of 673.0 feet to a point on the' exii0ttog Northerly right of way line of State Hi.oloi4 69, for ,the, pofnt pf beginning; thence North 20° 50' West along said extiti r"i'k of way line a distance of 114.4 feet to a.; irat''t�n, the proppsed Northerly right of way line of said State Hi,0hw4y thence Sough U0 30' East along said. proposed right of way line a distjt'ioe..of .g$:9,feet to a point; thence South 090 3l.`, Easir ,along said proposed right of way tine a distance of 102.0 feet,, trr a point on said existing right of way line; thence North 200"50' West: along $ i.d existing right of way line a distance of 82.5 feet tib the 'Point' o be" inni'ng''and containing 0.05 Acre, more or less. It is. understood that the City of Batesville may hav 'an,undetermined but potentiral ,interest in the above described lands. TO HAVE AND TO HOLD the same unto the said Arkansas State HtghlWO' Commissi.on and to its successors and assigns forever. In witness whereof, the said City of Batesville a municipal IL corporation, has caused these presents to be signed by its Mayor, attested by its City Clerk and its corporate seal to be hereunto affixed, this day of. January, 398D. CITY OF BATESVILLE ' , BY R ay4r ATT S.i' ' ora��te� �' �v �d^W-`' tx ",{A. '?.•°t�'i+'f'iLi'�w4+L'�`u'i�JE `:xt%k' 'ia y'�^" AC KN0WLEDGM: E:NT . CW STATE , ) )SS on this day of `, 1980, before me, a Notary` ctin within and for said Count Public,, ,duly commissioned, qualified a g, y and State, a pe red the within named ejm and ,, CSS �, and being the Mayor and City C-lerk:, . respectively of ,the , ity o Batesv"i1ie, Arkansas, a Municipal Corporation; and "wno have been d; i.g ated Ear said corporation to execute the above initr ik, to 'n well p�rst�na'17y- known, who stated that they were the Mayor and"thy" City. Clerk of said,'.CVty� 'of, Batesville, Arkansas, a Municipal Corporation, and,. wore:duly authorized in their respective capacities to execute the foregoing instru- ment 11gr and''..#"rr the name and on the behalf of said Municipal CbrpFaraii;iO4n and further stated and acknowledged that they had so signed, execuAed and deIive ed said foregoing instrument for the consideration,. uses �a ! purooi thereiin 'ment7 oned and set forth. I IN TESTYM0kY WHEREOF, 1 have hereunto set my hand and seal this ` of 1980. ht-L, BL C My Commission Expires: (W ;., .., ,.H, ,. ` " �:.:'�: °?z..S,K ��^ir «d i., �rx� r '��,%a•,,.,,:�d�Yr�.k.�'yo.�'°t;�ari..; r�»±.ewP:�rs,>Eir.^„':� «.c+ a,: tia, y.,�,•,iti;+r. `,ai i� ,¢�adi*rr•;^'s;+� �• '�4t:_ _ :� ." � '�irt. V�ilWEauanf aC T 'EM.PpRARY C 0 N S T R U C T I0N EASE-M,f XRT - - — — — — — - — — — — — — - - - - — � KNOW ALL 'MEN BY THESE PRESENTS: That City of Batesville for and 'i�'n consideration of One Dollar ($1.00) , and other -'Valuable considerations, cash in hand paid by the Arkansas State Highwoy Commission, the receipt of which is hereby acknowledged, do hereby give, grant and quitclaim to the Arkansas State Highway Cdwiss,10,0, it`s successors and assigns an exclusive temporary right of way and temporary eastmi)it dor tte sole purposees necessary for Highway constructidiio Arkansas ' State Highway Commission Job No. 5659 Sec. 1, together with 'f�ree'� ingress .and i egress, to, across, through and over the following lands situated in the County of I. 1•ependence State of Arkansas. LEGAL DESCRIPTION { , A part of the Southwest Quarter of the Southeast Quarter and the Northwest Quarter of the Southeast Quarter of Section 15, Township 1.3 North; Range 6 .; West, Independence County, Arkansas, more particularly described as follows: ' Beginning at. a point that is 40.0 feet Right of and perpendicular to Survey Centerline Station 700+94.0 said point being on the existing Northerly right of way line of State Highway #69; thence North 600 25' West along said exist- ing right of way line a distance of 70.0 feet to a point• thence North 2919 35' East a distance of 25.0 feet to a point; thence South 606 25' East a distance of 70.0 fret to 'a point; thence South 290 35' West a distance 'of '25.0 feet to the point of beginning and containing 0.04 Acre, more or less: It is understood that the City of Batesville may have an uniC(0,­termined :. '' , but potential interest in the above described lands. This temporary easement as conditioned above shall terminate,when Arkansas State Highway Commission Job No. 5659 Sec. 1, has been completed oy they con- tractor and accepted by the Arkansas State Highway Commission. TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission and to its successors and assigns for and during the term aforesaid and for the (W purposes hereinabove set forth. WITNESS my hand on this _•_ day of Janu 1980. SEAL (SEAL) , x • :; 4, '..`a... '•; i;t'. 'i' ' ' w +'a."'';.'rG ',; -. '' +'Q�eCSYFh ��• ''` ..,..: �},.,,, y.,t,..r, ,___.._._.. .._ _. .... a :`:.,at''!:?,�tat��."x+ �`r.•i' .-. - ..�h�S•`a'�rfr;aR..�!a;;� "'�`'..'�'� ., 1i�+'tr�a`Hf.,:4fd $?rN'�' "' +x'''aX�,,.p 1�1' . .. ��..ts.� �. ACKN 0W LE ACM ENT _ - - - _ _ _ - - STATE OF ) • )SS COUNTY.OF ) On this day of 1980, before me, a Notary Public; duly commissioned, qualified and acting, within and for said C©unty and Sfate, 'appeared the within named e and and being the Mayor and City Clerk, respectively of the City of Batesville, Arkanses, a Municipal Corporation, and who have been d sig ited by said corporation to execute the above 'instri�ents to rae ' well personally known, who stated that they were the Mayor and' the City Clerk of said ti-ty of Batesville, Arkansas, a Municipal Corporation., and were duly authorized in 'their respective capacities to execute the foreg�ing instru- ment for`d .-iIn, the name and on the behalf of said Municipal CdrporAtion't. and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, us'es'. aad ',purpos'es therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of � a 1980. --NOTIRY PUBLIC My Commission Expires: