HomeMy WebLinkAbout1991-12-02-R RESOLUTION NO. li.�a a
BEFORE THE CITY COUNCIL
OF THE CITY OF BATESVILLE, ARKANSAS
A RESOLUTION AUTHORIZING THE MAYOR OF THE
CITY OF BATESVILLE TO EXECUTE A RIGHT OF WAY
EASEMENT IN FAVOR OF ROCKMOORE WATER ASSOCIATION,
AND FOR OTHER PURPOSES.
WHEREAS, Rockmoore Water Association has requested that the
City of Batesville grant a right of way easement to it over
property owned by the City of Batesville for the purpose of
constructing, replacing, renewing or maintaining pipelines; and
WHEREAS, it has been determined that it is in the best
interest of Rockmoore Water Association and the City of
Batesville that said easement be granted; now
BE IT THEREFORE RESOLVED, that the Mayor of the City of
Batesville is authorized to execute a right of way easement and
such other documents as may be necessary to grant the easement to
Rockmoore Water Association over and through the tract of land
described in the proposed Right of Way Easement attached hereto
and incorporatedhereinby reference.
DATED this l : fL day of December , 1991 .
H •ORABLE JIM BARNETT, MAYOR
AT ST:
ENISE M. JOHNSTON
CLERK
RIGHT OF WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS :
THAT I/WE, THE CITY OF BATESVILLE, ARKANSAS
hereinafter called "Grantor" whether one or more, for and in
consideration of the sum of ONE DOLLAR($1 . 00) , and other
( valuable consideration, cash in hand paid by the ROCKMOORE
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WATER ASSOCIATION, the receipt of which is hereby acknowledged,
do hereby grant, sell and convey to the ROCKMOORE WATER
ASSOCIATION, hereinafter called "GRANTEE" , its successors and
assigns, the right of way and the right from time to time to
lay , to construct, to reconstruct, replace, renew, maintain,
operate, change the size of and remove pipelines and/or mains
for the purpose of carrying water, the right to install
valves, or other equipment necessary for the proper operation
or protection of said mains, over, through or under and across
the following .
i
I
A tract of land being a part of the NE 1 /4 of the SW 1 /4 of j
Section 13 , T 13 N, R 6 W in the City of Batesville,
Independence County, Arkansas, more particularly described
as follows : commencing at the southeast corner of the SW
1 /4 of said Section 13; thence N 00 deg . 49 ' 52 " E . along
the east line of the SW 1 /4 of said Section 13 a distance
of 2406 . 36 feet to the point of beginning; thence S . 73
deg . 45 ' 00" W. a distance of 120 . 63 feet to the west line
of the City of Batesville tract; thence N 09 deg . 07 ' 52"
E . along said west line a distance of 11 . 07 feet; thence
N 73 deg . 45 ' 00" E . a distance of 118 . 96 feet to the east
line of said SW 1 /4, Section 13 and the southeast corner of
said City of Batesville tract; thence S 00 deg . 49 ' 52" W.
a distance of 10 . 46 feet to the point �f beginning .
Y
TO HAVE AND TO HOLD the same unto the said GRANTEE,
its successors and assigns forever, together with the right to
ingress and egress for the purposes aforesaid, GRANTOR may
perform any acts upon said lands not inconsistent with the
rights herein granted except that no building may be
constructed by the GRANTOR upon the easement given herein.
And the said GRANTOR covenants with the said GRANTEE,
its successors and assigns that he will forever warrant and
defend the title to said easement and rights against the claims
of all persons whomsoever, and that GRANTEE, its successors and
assigns shall have at all times a quite use and enjoyment of
said easement and rights .
IN WITNESS WHEREOF, we have hereunto set our hands
this f� day of �,� , 19q/
GRANTOR
(
(
ACKNOWLEDGMENT
STATE OF )
COUNTY OF
BE IT REMEMBERED, That on this day came before me, i
the undersigned, a Notary Public within and �or the county
aforesaid, duly commissioned and acting Milo J k
to me known as the grantor in the foregoing instrument, and
stated that had executed the same for the consideration
and purpose mentioned and set forth.
n WITNESS my hand and seal as such, Notary Public on
the �C� day of ,( Q Cl-y, 6! 19 y/
Nota y PuKid
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A tract of land being a part of the NEJ of the SW} of Section 13, T 13 N, R 6 W
in the City of Batesville, Independence County, Arkansas, more particularly
described as follows: commencing at the southeast corner of the SW} of said
Section 13; thence N 00049'52" E along the east line of the SW} of said Section
13 a distance of 2406.36 feet to the point of beginning; thence S; 73°45'00" W.
a distance of 120.63 feet to the wort line of the City of Batesville tract;
thence N 09°07'52" E along said west line a distance of 11.07 feet; thence N 73°
45'00" E a distance' of 118.96 feet to the east line of said SW} , Section 13 and
thE, southeast cornrr of said City of Batesville tract; thence S 00049'52" W a
distance of 10.46 feet to the point of-beginning.
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