0712RESOLUTION NO, 712 (#07 - 2014)
A RESOLUTION M SUPPORT OFA ND AUTHORIZING EXECUTION OF
ANABANDONMENT OF UTILITYRIGHT-OF WAYEASEMENT TO THE
CITY OFIACKSONVILLE FOR CERTAIN REAL PROPERTYDESCRIBED
HEREIN (PULASKI COUNTYPARCEL NO, 1270800012800); AND, FOR
OTHER PURPOSES,
WHEREAS, the real property described in the Utility Right -of -Way Easement
recorded as Book/Page/Instrument No. 2011056058 (Easement 100) on the attached
Exhibit A is an easement for the maintenance of water lines by the Jacksonville Water
Works; and,
WHEREAS, because said easement has been expanded due to necessary
maintenance, the Utility Right -of -Way Easement (Easement 100) should be abandoned and
effectively replaced by Right -of -Way Easement recorded as Book/Page/Instrument No.
201427380 (Easement 100R) attached Exhibit B. As well, certain City officials must be
authorized to execute the appropriate and required documents.
NOW, THEREFORE, BE IT RESOL VED BY THE CITYCOUNCIL OF THE CITY
OFIACKSONVILLE, ARKANSAS, THAT;
SECTION ONE: The City of Jacksonville, Arkansas, should authorize
abandonment of easement of the real property described in Exhibit A. The City Council
recognizes and agrees that doing so is necessary for maintenance of water lines by the
Jacksonville Water Utility as proposed by Mayor Fletcher.
The Council hereby authorizes Mayor Fletcher, City Clerk Davitt, and City Attorney
Robert Bamburg to execute and complete the appropriate documents required to approve
the abandonment of Easement 100 hereby marked as Exhibit A, to be replaced by
Easement 10OR of the property described on Exhibit B.
SECTION TWO: Any and all other Resolutions in conflict herewith are
hereby repealed to the extent of said conflict. This Resolution shall be in effect from and
after its date of passage.
RESOLUTION NO, 712 (#07-2014)
Page Two
)OPTED THIS 2) DAY OFJUL Y, 2014.
SUSAN DAV , CITY CLERK
E. BAMBURG. CI7TYA
2014027380 Received: 5/13/2014 12:27:28 PM
Recorded: 05/13/2014 12:29:53 PM Filed &
UTILITY Recorded in Official Records of Larry Crane,
RIGHT-OF-WAY EASEMENT PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $25.00
KNOW ALL MEN BY THESE PRESENT, THAT:
PEACOCK LIMITED PARTNERSHIP AND HERMAN T. AND REBECCA CAMP, GRANTOR, subject to
prior recorded easements, mortgages, and leases, if any, hereby grant, bargain, sell, and convey to the CITY OF
JACKSONVILLE, ARKANSAS, BY AND THROUGH THE JACKSONVILLE WATER WORKS, GRANTEE, its
successors, assigns, lessees, and agents, for and in consideration of the sum of Ten Dollars ($10.00), paid by the CITY OF
JACKSONVILLE, ARKANSAS, BY AND THROUGH THE JACKSONVILLE WATER WORKS, receipt of which is hereby
acknowledged, together with other good and valuable considerations, a TEMPORARY CONSTRUCTION EASEMENT, Ten
feet (10') in width, and a PERMANENT UTILITY EASEMENT, Ten Feet (10') in width, with the right to lay down, construct,
operate, maintain, repair, or remove street or public utilities and other such appurtenances as GRANTEE may from time -to -
time require upon, across, over, and under the following described premises situated in Pulaski County, Arkansas, to -wit:
EASEMENT NO. 100R
A PERMANENT EASEMENT 25' WIDE AND 353' MORE OR LESS IN LENGTH, FOR A WATER TRANSMISSION MAIN
LINE, SAID PERMANENT EASEMENT BEINO MORE PARTICULARLY DESCRIBED AS THE SOUTH 25' OF THAT
REAL PROPERTY WHICH LIES IN THE S112 OF THE SEI/4, SECTION 30, TOWNSHIP 3 NORTH, RANGE 10 WEST, IN
PULASKI COUNTY, ARKANSAS, WHICH IS KNOWN AS PARCEL NUMBER 12J-080.00-128.00, OF THE RECORDS OF
PULASKI COUNTY, ARKANSAS, AND LYING SUBSTANTIALLY NORTH OF, PARALLEL TO, AND ADJOINING THE
NORTH RIGHT-OF-WAY LINE OF TRICKEY LANE, SAID PERMANENT EASEMENT CONTAINING 0.078 ACRES,
MORE OR LESS,
AND
A TEMPORARY CONSTRUCTION EASEMENT, 10' WIDE, AND BEING SUBSTANTIALLY THE SAME LENGTH AS,
LYING NORTH OF, PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT EASEMENT.
Together with the right of free ingress and egress to the CITY OF JACKSONVILLE, ARKANSAS, BY AND THROUGH
THE JACKSONVILLE WATER WORKS, its successors and assigns.
TO HAVE AND TO HOLD same unto said GRANTEE, the CITY OF JACKSONVILLE, ARKANSAS, BY AND
THROUGH THE JACKSONVILLE WATER WORKS, its successors, assigns, lessees, and agents to their proper use forever.
WITNESS my hand this day of _7)'7 204-f-7 2
10fil-IORIZED REPRESENTATIVE
P) AC.00K LIMITED PARTNERSHIP
309 W MAIN NO.3 c`-?'�`
JACKSONVILLE, AR 72076 tS` Nti0S'�
Iq-
ACKNOWLEDGMENT
STATE OF ARKANSAS
'1; •r
COUNTY OF PULASKI
On this day, before me a Notary Public, duly commissioned, qualified and acting, within and for the said County and State,
appeared in person the within named AUTHORIZED REPRESENTATIVE FOR THE PEACOCK LIMITED
PARTNERSHIP, to me well known, and stated and acknowledged that they had so signed, executed, and delivered said
foregoing Instrument for the consideration, uses and purposes therein mentioned and set forth. jAzpl�r
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of
r:,..
NOTARY PUBLIC
Page 1 of 2
Together with the right of free ingress and egress to the CITY OF JACKSONVILLE, ARKANSAS, BY AND THROUGH
THE JACKSONVILLE WATER WORKS, its successors and assigns.
TO HAVE AND TO HOLD same unto said GRANTEE, the CITY OF JACKSONVILLE, ARKANSAS, BY AND
THROUGH THE JACKSONVILLE WATE� WORKS, its successors, assigns, lessees, and agents to their proper use forever.
WITNESS my band this _ day of 1' '? .2014. _
�- ."G
[ [LF2�MAN T. CAMP _ ref l�? �J i ('('r (i -6 -BE C Ar�C-AMP J
309 W MAIN NO. 8 309 W AIN NO. 8
JACKSONVILLE, AR 72076 JACKSONVILLE, AR 72076
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF PULASKI )
On this day, before me a Notary Public, duly commissioned, qualified and acting, within and for the said County and State,
appeared in person the within named HERMAN T. AND REBECCA CAMP, to me well known, and stated and
acknowledged that they had so signed, executed, and delivered said foregoing Instrument for the consideration, uses and
purposes therein mentioned and set forth. q,('
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seat this eI day of 2014.
NOT, PUBLIC"
��•��G-�ARy
5r l \G V.
Instrument Prepared By; `'�f% C:O•, �`�
ROBERT E. BAMBURG, City Attorney
P. O. Box 5913
Jacksonville, AR 72078
(501) 982-6303
Page 2 of 2
2011056058 Received: 9122/2011 10:29:00 AM
Recorded: 09/22/2011 11:06:18 AM Filed &
Recorded in Official Records of Larry Crane,
PULASKI COUNTY CIRCUIT/COUNTY CLERK
UTILITY Fees $45.00
RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENT, THAT:
PEACOCK LIMITED PARTNERSHIP AND HERMAN T. AND REBECCA CAMP, GRANTOR, subject
to prior recorded easements, mortgages, and leases, if any, hereby grant, bargain, sell, and convey to the CITY OF
JACKSONVILLE, ARKANSAS, BY AND THROUGH THE JACKSONVILLE WATER WORKS, GRANTEE, its
successors, assigns, lessees, and agents, for and in consideration of the sum of Ten Dollars ($ 10.00), paid by the CITY OF
JACKSONVILLE, ARKANSAS, BY AND THROUGH THE JACKSONVILLE WATER WORKS, receipt of which is
hereby acknowledged, together with other good and valuable considerations, a TEMPORARY CONSTRUCTION
EASEMENT, Ten feet (10') in width, and a PERMANENT UTILITY EASEMENT, Ten Feet (10') in width, with the right
to lay down, construct, operate, maintain, repair, or remove street or public utilities and other such appurtenances as
GRANTEE may from time -to -time require upon, across, over, and under the following described premises situated in
Pulaski County, Arkansas, to -wit:
EASEMENT NO. 100
A PERMANENT EASEMENT 10' WIDE AND 353' MORE OR LESS IN LENGTH, FOR A WATER TRANSMISSION
MAIN LINE, SAID PERMANENT EASEMENT BEING MORE PARTICULARLY DESCRIBED AS THE SOUTH 10' OF
THAT REAL PROPERTY WHICH LIES IN THE S 1/2 OF THE SEI/4, SECTION 30, TOWNSHIP 3 NORTH, RANGE 10
WEST, IN PULASKI COUNTY, ARKANSAS, WHICH IS KNOWN AS PARCEL NUMBER 12J-080.00-128.00, OF THE
RECORDS OF PULASKI COUNTY, ARKANSAS, AND LYING SUBSTANTIALLY NORTH OF, PARALLEL TO, AND
ADJOINING THE NORTH RIGHT-OF-WAY LINE OF TRICKEY LANE, SAID PERMANENT EASEMENT
CONTAINING 0.078 ACRES, MORE OR LESS,
AND
A TEMPORARY CONSTRUCTION EASEMENT, 10' WIDE, AND BEING SUBSTANTIALLY THE SAME LENGTH AS,
LYING NORTH OF, PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT EASEMENT.
Together with the right of free ingress and egress to the CITY OF JACKSONVILLE, ARKANSAS, BY AND THROUGH
THE JACKSONVILLE WATER WORKS, its successors and assigns.
TO HAVE AND TO HOLD same unto said GRANTEE, the CITY OF JACKSONVILLE, ARKANSAS, BY AND
THROUGH THE JACKSONVILLE WATER WORKS, its successors, assigns, lessees, and agents to their proper use forever.
Wi7—r-1
my h this _ %�`1r� day of tir, 2011.
` �
f ORIZED REPRESENTATIVE
PE COCK LIMITED PARTNERSHIP
3 9 W MAIN NO. 3
JACKSONVILLE, AR 72076
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF PULASKI )
On this day, before me a Notary Public, duly commissioned, qualified and acting, within and for the said County and State,
appeared in person the within named AUTHORIZED REPRESENTATIVE FOR THE PEACOCK LIMITED
PARTNERSHIP, to me well known, and stated and acknowledged that they had so signed, executed, and delivered said
foregoing Instrument for the consideration, uses and purposes therein mentioned and set forth. r
IN TESTIMONY WHEREOF, I have hereunto set my hand and o his�j` l.i
• / day of t:'� : •' '2011.
9.
N -ARY PUBLIC
pUBOC' .''' y' Page 1 of t
k/ CO., p,`c�
Together with the right of free ingress and egress to the CITY OF JACKSONVILLE, ARKANSAS, BY AND THROUGH
THE JACKSONVILLE WATER WORKS, its successors and assigns.
TO HAVE AND TO HOLD same unto said GRANTEE, the CITY OF JACKSONVILLE, ARKANSAS, BY AND
THROUGH THE JACKSONVILLE WATER WORKS, its uccessors, assigns, lessees, and agents to their proper use forever.
WITNESS my hand this ='> f day of 2011.
t�tli..t'_�-.t..-:-.-J
1-11L MAN T. CAMP '- j) REB - CA CAMP
309 W MAIN NO. 8 [ d i 309 MAIN NO.8
JACKSONVILLE, AR 72076JACKSONVILLE, AR 72076
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF PULASKI )
On this day, before me a Notary Public, duly commissioned, qualified and acting, within and for the said County and State,
appeared in person the within named HERMAN T. AND REBECCA CAMP, to me well known, and stated and
acknowledged that they had so signed, executed, and delivered said foregoing Instrument for the consideration, uses and
purposes therein mentioned and set forth. ,
IN TESTIMONY WHEREOF, I have hereunto set my hand and offcia i this day o44aZ 2011.
p- , - NOTARY PUBLI
Instrument Prepared By:
ROBERT E. BAMBURG, City Attorney
P. O. Box 5913
Jacksonville, AR 72078
(501)982-6303
TAR)A%.
gyp► a �
�G
UM-
Co., _
Page 2 of 2
PARCEL_ ##:
12J--080.00 —128-00
IN
c? cn
?m F9
100 75 50 25 0 100
`TRICKEY LN.
1 � I
( t ! I
a
EASEMENT NO. 10013
f
25'
-1-0 R /W
A PERMANENT EASEMENT 25' WIDE AND 353' MORE OR LESS IN LENGTH, FOR A WATER TRANSMISSION
MAIN LINE, SAID PERMANENT EASEMENT BEING MORE PARTICULARLY DESCRIBED AS THE SOUTH 25'
OF THAT REAL PROPERTY WHICH LIES IN THE S1/2 OF THE SE1/4, SECTION 30, TOWNSHIP 3 NORTH,
RANGE 10 WEST, IN PULASKI COUNTY, ARKANSAS, WHICH IS KNOWN AS PARCEL NUMBER
12J-080.00-128.00, OF THE RECORDS OF PULASKI COUNTY, ARKANSAS, AND LYING SUBSTANTIALLY
NORTH OF, PARALLEL TO, AND ADJOINING THE NORTH RIGHT-OF-WAY LINE OF TRICKEY LANE, SAID
PERMANENT EASEMENT CONTAINING 0.078 ACRES, MORE OR LESS,
111
A TEMPORARY CONSTRUCTION EASEMENT, 10' WIDE, AND BEING SUBSTANTIALLY THE SAME LENGTH
AS, LYING NORTH OF, PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT EASEMENT.
OWNERS OF RECORD:
PEACOCK LIMITED PARTNERSHIP
309 W MAIN NO. 3
JACKSONVILLE, AR 72076
Prepared By
Garver, LLC
AND HERMAN T. AND REBECCA CAMP
309 W. MAIN NO. 8
JACKSONVILLE, AR 72076
EXHIBIT A
Easement No. 10OR
Parcel Number:
12J--080.00-128.00