HomeMy WebLinkAbout1982-785-R RESOLUTION NO. '72 5
OF THE CITY COUNCIL
FOR THE CITY OF BATESVILLE, ARKANSAS
�w A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF BATESVILLE,
ARKANSAS TO EXECUTE A RIGHT OF WAY EASEMENT TO, JAMES T. BURNETT AND SABINA H.
� BURNETT.
(WHEREAS, the City of Batesville owns the following parcel of real property
located in Independence County, Arkansas, to-wit:
A ten-foot wide strip of land situated in the SE-1, of the NE-I,,
of Section 21, Township 13 North Range 6 West of the 5th Principal
Meridian in the City of Batesville, Independence County, Arkansas,
the Centerline of which is more particularly described as follows:
Commencing at the Northeast corner of said Sec. 21; thence run
South, a distance of 1,785.9 feet; thence run West, a distance
of 1,174.2 feet to the Point of Beginning of said Centerline a6
an existing gas line located on City Propert, ; thence run S 69 21'
E, a distance of 140.0 fee ; thence run S 35 07' E, a distance of
98.5 feet; thence run S 42 21' E, a distance of 73.6 feet to a
point on the boundary line dividing the Burnett Property and the
City Property; thence run S 13 03' E, a distance of 118.3 feet to
the End of said Centerline.
land,
�*w WHEREAS, James T. Burnett and Sabina H. Burnett, his wife, have requested the
City of Batesville to grant a right of way easement for purposes of laying,
constructing, reconstructing, replacing, renewing, maintaining, repairing,
loperating, changing the size of, and removing pipe lines for the purpose of
carrying natural gas to the residence of James T. Burnett and Sabina H. Burnett,
his wife, and installing valves or other equipment necessary for the proper
operation or protection of said equipment,
and,
WHEREAS, the proposed laying of said natural gas line shall be at no expense
,
Ito the City of Batesville, Arkansas and its citizens and will promote the
public's health, welfare, and safety, and,
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WHEREAS, James T. Burnett and Sabina H. Burnett, his wife, have agreed to pay
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the sum of One Dollar ($1.00) and other good and valuable consideration for said
i right of way easement;
�INOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,
i ARKANSAS, AS FOLLOWS:
i
1. That the City Council of the City of Batesville, Arkansas
(' hereby authorizes the Mayor and the City Clerk of the City of
Batesville, Arkansas to execute a right of way easement to
j James T. Burnett and Sabina H. Burnett, his wife, granting a
permanent easement to the following described property:
A ten-foot wide strip of land situated in the SE-14 of the NE-4
of Section 21, Township 13 North Range 6 West of the 5th Principal
Meridian in the City of Batesville, Independence County, Arkansas,
the Centerline of which is more particularly described as follows :
Commencing at the Northeast corner of said Sec. 21; thence run
South, a distance of 1,785.9 feet; thence run West, a distance
of 1,174.2 feet to the Point of Beginning of said Centerline a8
an existing gas line located on City Propert, ; thence run S 69 21'
E, a distance of 140.0 fee6; thence run S 35 07' E, a distance of
98.5 feet; thence run S 42 21 ' E, a distance of 73.6 feet to a
point on the boundary line divbding the Burnett Property and the
City Property; thence run S 13 03' E, a distance of 118.3 feet to !
the End of said Centerline.
SUBJECT TO THE FOLLOWING CONDITIONS:
Ij 1. Grantees shall , at their cost, repair any damage to grass, I
�I chat roads, or drainage resulting from laying and repairing said I
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natural gas pipeline;
2. The City of Batesville, Arkansas shall have the right at its
cost to move the natural gas line at any time to any place it
so desires as long as the service continues to be provided to
Grantees , their heirs and assigns and a new right of way ease-
ment is granted; and
3. The City of Batesville, Arkansas shall have the right to
i tie on to said natural gas line at its own cost at any time it
so desires, if gas pressure to Grantees is not adversely affected.
I' Adopted this day of November, 1982.
�+ APPROVED:
JIM SHIRRELL, MAYOR
ATTEST:
II LARRY WILLIIAMS, CITY CLERK
I
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RIGHT OF WAY( EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That the City of Batesville, Arkansas, hereinafter called Grantor, for and
in consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration, cash in hand paid by James T. Burnett and Sabina H. Burnett, his
wife, hereinafter called Grantees , the receipt of which is hereby acknowledged,
do hereby grant, bargain, sell , and convey to the Grantees their heirs and
assigns , the right of way and the right, from time to time, to lay, to constructl,
to reconstruct., replace, renew, maintain, repair, operate, change the size of,
and remove pipe lines for the purpose of carrying natural gas to the residence
of Grantees, their heirs or assigns , the right to install valves, or other
equipment necessary for the proper operation or protection of said equipment,
lover, through, or under and across the following lands lying in Independence
County, Arkansas, to-wit:
A ten-foot wide strip of land situated in the SE, of the NE-i,
of Section 21, Township 13 North Range 6 West of the 5th Principal
Meridian in the City of Batesville, Independence County, Arkansas ,
the Centerline of which is more particularly described as follows:
Commencing at the Northeast corner of said Sec. 21; thence run
South, a distance of 1,785.9 feet; thence run West, a distance
of 1,174.2 feet to the Point of Beginning of said Centerline a�
an existing gas line located on City Propert, ; thence run S 69 21'
E, a distance of 140.0 fee8; thence run S 35 07' E, a distance of
98.5 feet; thence run S 42 21' E, a distance of 73.6 feet to a
point on the boundary line divading the Burnett Property and the
City Property; thence run S 13 03' E, a distance of 118.3 feet to
the End of said Centerline.
l SUBJECT TO THE FOLLOWING CONDITIONS:
1. Grantees shall , at their cost, repair any damage to grass ,
i chat roads , or drainage resulting from laying and repairing said
natural gas pipeline;
ii
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2. The City of Batesville, Arkansas shall have the right at
its cost to move the natural gas line at any time to any place
it so desires as long as the service continues to be provided
to Grantees, their heirs and assigns and-a new right of way
(W easement is granted; and
3. The City of Batesville, Arkansas shall have the right to
tie on to said natural gas line at its own cost at any time it
so desires, if gas pressure to Grantees is not adversely
affected.
APPROVED:
I S IRREL MAYOR
ATTEST:
G Cj
LARRY WILLIAMS, CITY CLERK
ACKNOWLEDGEMENT
I
STATE OF ARKANSAS
( COUNTY OF INDEPENDENCE
On this qk day of November, 1982, before me, the undersigned officer,
personally appeared Jim Shirrell , who acknowledged himself to be the Mayor of
the City of Batesville, Arkansas , and Larry Williams , who acknowledged himself
to be the Clerk of the City of Batesville, Arkansas, and that they, as such I
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Mayor and Clerk, respectively, being authorized to do so, by resolution of
the City Council , executed the foregoing instrument for the purposes therein
contained by signing the name of the City of Batesville, Arkansas by themselves
as Mayor and Clark, respectively.
�) IN WITNESS WHEREOF, I have hereunto set my hand and official seal .
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