HomeMy WebLinkAbout1963-09-01-R (W RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BATESVILLE, INDEPENDENCE COUNTY,
ARKANSAS, AUTHORIZING AND DIRECTING THE CONVEYANCE BY MUNICIPAL CORPORATION., OF
A WARRANTY DEED ADD EASMM AFFECTING CERTAIN LANDS OWNED By THE CITY OF BATES-
VILLEP INDEPENDENCE COUNTY, ARKANSAS, TO THE ARKANSAS STATE HIGHWAY COMMISSION.
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WHRREAS, the Arkansas State Highway Commission is constructing a highway
through the City of Batesville, Independence County, Arkansas, and,
WHEREAS, this highway is designated to cross lands owned by the City of
Batesville, Independence County, Arkansas, and it is necessary that the Arkansas
State Highway Commission acquire title to the right-of-way before the highway
may be constructed.
LREFORE BE IT RESOLVED: That upon the adoption of this resolution by
the City of Batesville, Independence County, Arkansas, P. F. Lindsey, Mayor of
the City of Batesville, is authorized and directed to convey,by a warranty deed
containing the reservations herein set out, the hereinafter described lands in
the City of Batesville, Independence County, Arkansas, to the Arkansas State
Highway Commission for and in consideration of the payment of FOUR THOUSAND
ONE HUNDRED FIFTY AND N01100 Dollars, ($4,,150.00), and in consideration of such
lands being used by the Arkansas State Highway Commission for highway administrative,
construction and/or maintenance purposes:
A part of the West Half of the Northeast Quarter of Section 33,
also a part of the Southwest Quarter of the Southeast Quarter
of Section 28, all in Township 13 North, Range 6 West, Inde-
pendence County, Arkansas, more particularly described as follows:
Starting at the Southeast corner of the Southwest Quarter of the
Northeast Quarter, Section 33; thence South 890 36' 30" West along
South line thereof a distance of 40.0 feet to a point on the existing
(W West right of way line of U. S. Highway 167 for the point of be-
ginning; thence continue south 890 36' 30" West a distance of 20.0
feet to a point on the proposed westerly right of way line of said
highway; thence North 10 OT' West along said right of way line a
distance of 230.5 feet to a point; thence North 0* 48' West along
said right of way line a distance of 306.6 feet to the point of
intersection with the existing westerly right of way line of said
highway; thence South To 45' East along said existing right of
way line a distance Of 151.2 feet to a point; thence southerly
along said right of way line on a curve right having a radius of
(W 1392.4 feet for a distance of 190.0 feet to a point; thence South
1* 07' East along said right of way line a distance of 194.1 feet
to the point of beginning and containing 0.2 acre;
ALSO: Starting at the Southeast corner of Section 28; thence North
890 35' 30" West along said South line thereof a distance of 1794.0
feet to a point on the proposed westerly right of way line of U. S.
Highway 167 for the point of beginning; thence North 90 45' West
along said proposed right of way line a distance of 1318.2 feet to
a point on the North line of the Southwest Quarter of the Southeast
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Quarter of Section 28; thence North 89° 52' East along said North line
adistance of 62.0 feet, more or less, to a point on the existing
westerly right of way line of said highway; thence South 12° 45'
East along said right of way line a distance of 773.4 feet to a
point; thence South 77° 15' West a distance of 10.0 feet to a point;
thence South 12° 45' East a distance of 18.0 feet, +, to a point;
thence southerly along said existing right of way line on a curve
right having a radius of 2814.8 feet for a distance of 343.9 feet
to a point; thence South 5° 45' East along said right of way line
a distance of 525.2 feet to a point; thence southerly along said
right of way line on a curve left having a radius of 5779.6 feet
for a distance of 201.7 feet to a point; thence North 82° 15' East
along a distance of 10.0 feet to a point; thence South 7° 45' East
along said existing right of way line a distance of 859.0 feet to
a point on the South line of the Northwest Quarter of the Northeast
Quarter of Section 33; thence South 880 21' West along said South
line a distance of 11.6 feet to a point on the proposed westerly
right of way line of said highway; thence North 9° 45' West along
said right of way line a distance of 1422.9 feet to the point of
beginning and containing 4.0 acres;
A total above of 4.2 acres;
together with a temporary right of way and easement affecting the following land:
Beginning at a point on the proposed westerly right of way
line of U. S. Highway 167 which is 60.0 feet left from and per-
pendicular to centerline Station 798+50 as surveyed by the
Arkansas State Highway Depaxtment; thence North 54° 45' West a
distance of 198.0 feet to a point; thence North 9° 45' West
a distance of 110.0 feet to a point; thence North 80° 15' East
a distance of 140.0 feet to a point on the proposed westerly
right of way line of U. S. Highway 167; thence South 9° 45' East
along said proposed right of way line a distance of 250.0 feet
to a point of beginning and containing 0.6 acre
There shall be reserved unto- the City of Batesville, its agents, servants,
employees, successors and assigns, for the use and benefit of the public, a
continuing right and easement (1) to take any action necessary to prevent the
erection or growth of any structure, tree, or other object to a height of more
than 150 feet into the airspace above such lands herein conveyed, and to remove
from such airspace, or mark and light as obstructions to air navigations, any
and all structures, trees, or other objects that may, at any time, project or
extend above the said height limitation, together with the right of ingress to,
egress from and passage over the lands herein conveyed for such purposes; (2)
to prevent any use of the land herein conveyed which would interfere with the
operation and maintenance of the Batesville Municipal Airport as a public air-
port; and (3) to use the airspace above the surface of the land herein conveyed
for the flight and passage of aircraft in said airspace, together with the right
to cause in said airspace such noise as may be inherent in the operation of
aircraft, now known or hereafter used for navigation of or flight in air, using
said airspace or landing at, taking off from or operating on the Batesville
Municipal Airport.
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THEREFORE, this resolution shall be in full force and effective from
and after its adoption by the City Council and approved by the Mayor.
PASSED AND APPROVED by a majority vote of the City Council of the City
of Batesville, Arkansas, and approved by me this day of
1963.
(Seal) �J„
MAYOR
ATTEST:
CITY CLERK
(AW
CERTIFICATE
the duly qualified and acting City Clerk
of the City of Batesville, Arkansas, do hereby certify that the foregoing is
a true and correct copy of a. Resolution adopted at a special meeting of the
City Council of the City of Batesville, Arkansas, held on TL� ' �Y 1963,
on file and of record in my office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said
City of Batesville, Arkansas, this '_-day of ; f� 1963.
(Seal)
CLERK