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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10OR of the property described on Exhibit B. SECTION TWO: Any and all other Resolutions in conflict herewith are hereby repealed to the extent of said conflict.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