HomeMy WebLinkAbout1991-03-02-R RESOLUTION BEFORE THE CITY COUNCIL OF THE CITY OF BATESVILLE
RESOLUTION NO. .9.10-A--9`02-0 .
WHEREAS, the Arkansas Game and Fish Commission has expressed
a desire to construct a public boat launching facility and
handicap fishing pier on the Kennedy Park land owned by the City
of Batesville, and
WHEREAS , the City has expresses a desire to encourage
development of the Kennedy Park land for public park uses , and
WHEREAS, it is necessary to facilitate construction of the
launching facility and related improvements that the City of
Batesville grant a public easement to the Arkansas State Game and
Fish Commission over and through those lands , now;
BE IT THEREFORE RESOLVED THAT, that the Mayor of the City of
Batesville is authorized to execute a public access easement to
the Kennedy Park property on behalf of the City, a copy of which
is attached hereto and incorporated herein by reference.
IT IS SO RESOLVED.
ADOPTED THIS ./. DAY OF 41Aile l: f 1991
HON RABLE JIM BARNETT, MAYOR
ATTEST:
DENISE JOH1STON
CITY CLERK
1BLIC ACCESS EASEMENT
>� KENNEDY PARK
WHITE RIVER
KNOW ALL MEN BY THESE PRESENTS:
That the CITY OF BATESVILLE, by its mayor and pursuant to resolution of the
CITY COUNCIL OF BATESVILLE, ARKANSAS, "GRANTOR" , for and in consideration of the
sum of $1.00 (One Dollar) in hand paid by the ARKANSAS STATE GAME AND FISH
COMMISSION, "GRANTEE" , the receipt of which is hereby acknowledged does hereby
grant unto the ARKANSAS STATE GAME AND FISH COMMISSION, its successor, and
assigns, a public easement ' over the following described land lying in
Independence County, Arkansas, to witt:
A tract of land being a part of the West Half (W 1/2) of the Northeast
Quarter (NE 1/4) of Section Twenty-one (21) in Township Thirteen (13)
North and Range Six (6) West in the City of Batesville, Independence
County, Arkansas, more particularly described as follows:
Beginning at a point that is 1,574.04 feet South and 1,246.61 feet West
of the Northeast Corner of said W 1/2, NE 1/4, said point being on the
right bank of the White River and the Northwest Corner of the City of
Batesville's 4.18 acre tract; thence S 86°32' 59" W, a distance of 33.27
feet to the East right-of-way line of U.S. Highway No. 167; thence S
03°27'01" E along said East right-of-way line, a distance of 591.11
feet; thence N 86° 32'59" E along the right-of-way line of said U. S.
Highway No. 167, a distance of 50.00 feet; thence N 03°27'01" W, a
distance of 96.01 feet; thence N 65°05' 30" E, a distance of 103.53 feet;
thence N 71°24' 30" E, a distance of 98.10 feet; thence N 77°13' 30" E, a
distance of 95.65 feet; thence S 69°47' 30" E, a distance of 93.07 feet;
thence S 33°08' 30" E, a distance of 313.70 feet; thence N 56°51' 30" E, a
distance of 50.00 feet to the nominal west line of the City of
Batesville's Kennedy Park; thence N 33°08' 30" W along the West line of
said Kennedy Park, a distance of 330.26 feet; thence N 69°47' 30" W, a
distance of 124.70 feet; thence S 77°13'30" W, a distance of 112.80
feet; thence S 71°24'30" W, a distance of 103.40 feet; thence S
65°05130" W, a distance of 78. 30 feet; thence N 23°52' 30" W, a distance
of 86.40 feet; thence N 02°32' 30" E, a distance of 357.40 feet to the
point of beginning.
Without acknowledging liability on its part and as inducement to the
ARKANSAS GAME AND FISH COMMISSION to construct a boat ramp upon said property,
the CITY OF BATESVILLE releases and holds the ARKANSAS GAME AND FISH COMMISSION
free and blameless for any damages that may occur to said property as a result of
the construction and operation of a public boat ramp. The CITY OF BATESVILLE
shall continue maintenance responsibilities of the park and vicinity, including
but not limited to mowing, street repair and trash removal. The COMMISSION shall
be responsible for the boat ramp and parking lot maintenance. This easement
shall remain in full force and effect as long as the ARKANSAS GAME AND FISH
COMMISSION utilizes said property as a public access area to the White River.
WITNESS OUR HANDS AND SEALS this A �Z day of
CITY OF BATESVILLE. ARKANSAS
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss
COUNTY OF INDEPENDENCE )
BE IT REMEMBERED, That on this day came before me the undersigned, a
Notary Public within and for the State and County aforesaid, duly
commissioned and acting, Mayor Jim Barnett, and Denise Johnston. City Clerk,
to me well known to be the persons whose names appear as landowner(s) in the
foregoing document and stated that they had executed the same for the
consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal as such NotaryPublic this /• �/` day
of 19
(SEAL)
My Commission Expires:
f« 5- 19�
• Steve N.Wilson Scott Henderson
Director Assistant Director
Arkansas Game & Fish Commission
March 4 , 1991
The Honorable Jim Barnett
City of Batesville
170 South 4th Street
Batesville , AR 72501
Re : Kennedy Park Public Access
Dear Mayor Barnett :
Find enclosed a Public Access Easement from the City of Bates-
ville to the Arkansas State Game and Fish Commission, conveying
the necessary land controls and agreement to maintenance re-
sponsibilities needed to finalize our federal aid funding
package .
Our plans , as the weather and river levels permit , are to
construct a public boat launching facility and handicapped
fishing pier on the Kennedy Park land. The Park entrance
road and parking lots will be hardsurfaced as part of the total
project .
Please execute the easement and return to me for recording. If
you have any questions , my number in Little Rock is 223-6312 .
Thank you for your kind assistance in this matter.
Sincerely, /J
Fletcher Ward,
Construction , Engineering and
Real Estate Section
FW:ac
Enc.
CC : Director' s Office
Billy E. White
T. J. Rowell
Allen Carter
L
2 Natural Resources Drive Little Rock, Arkansas 72205
(501)223-6300