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RES NO 09-03-1981 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. .3 9 -1981 A RESOLUTION ENTITLED: A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN EASEMENT DEED TO THE UNITED STATES OF AMERICA AND TO AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SAME. WHEREAS. The United States of America has performed its obligations with the City of Van Buren under Contract No. DACW03 -75 -C -0025 including giving the City of Van Buren title to the improve- ments on Lee Creek; and WHEREAS, Under the terms conditioned under contract, the City of Van Buren agreed to convey to the United States of America an Easement Deed. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: 1. That the Mayor has been hereby authorized and directed to execute an Easement Deed to the United States of America and the City Clerk is hereby authorized and directed to attest the same and to press the seal of the City of Van Buren, Arkansas, thereto. 2. That the copy of said Easement Deed to the United States of America is attached hereto and made a part hereof. PASSED AND APPROVED THIS 21st DAY OF September 19 81 n II OR ATTESTED: Aehrel C TY CLERK 1 'r EASEMENT DEED KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the Incorporated City of Van Buren, Arkansas, a municipal corporation organized and existing under and by virtue of the laws of the State of Arkansas, entered into Contract No. DACW03 -75 -C -0025 on the 28th day of January 1975, with the United States of America, covering the alteration and relocation of a portion of the City of Van Buren's water supply facilities on Lee Creek, Crawford County, Arkansas, which is af- fected by the construction, operation, and maintenance of Lock and Dam No. 13, McClellan -Kerr Arkansas River Navigation System; and WHEREAS, under the terms and conditions of the contract, the City of Van Buren agreed to convey to the United States of America, to the extent set out below, a flowage easement over the hereinafter described land. NOW, THEREFORE, the City of Van Buren, Arkansas, acting by and through its duly qualified Mayor under authority of Resolution No. 3 T approved by its City Council, dated the al/ day of Je/7m1 -d 19 1/ and pursuant to its authority, for and in consi deration of the sum of ONE AND N0 /100 DOLLAR $1.00), cash in hand paid by the United States of America, and other good and valuable considerations, the receipt of which are hereby acknowledged, does hereby grant, bargain, sell and convey unto 1 the said United States of America, and unto its assigns, the following: The perpetual right, power, privilege and easement in, upon, over and across the land hereinafter described as Tract No. 330E for the pur- poses set forth below: a. Permanently to overflow, flood and submerge the land lying below elevation 392 feet, mean sea level, and to maintain mosquito con- trol in connection with the operation and maintenance of the Lock and Dam No. 13 project for the purposes as authorized by the Act of Congress approved July 24, 1946 (60 Stat. 634), together with all right, title and interest THIS INSTRUMENT PREPARED BY: LYNN R. McCLINTON, Attorney Little Rock District, Corps of Engineers Little Rock, Arkansas to in and to the timber and the continuing right to clear and remove any brush, debris and natural obstructions which, in the opinion of the representative of the United States in charge of the project may be detrimental to the project. b. Occasionally to overflow, flood and submerge the land lying above elevation 392 feet, mean sea level, and to maintain mosquito con Y. trol, in connection with the operation and maintenance of said project. Together with all right, title and interest in and to the struc- tures and improvements now situate on the land, except fencing above ele- vation 392 feet,mean sea level, and also excepting the weir structure and the bridge; g provided that no structures for human habitation shall be con strutted or maintained on the land, that no other structures shall be con- structed or maintained on the land except as may be approved in writing by the representative of the United States in charge of the project, and that no excavation shall be conducted and no landfill placed on the land with out such approval as to the location and method of excavation and /or place= ment of landfill; the above estate is taken subject to existing easements sL for public roads and highways, public utilities, railroads and pipelines; I reserving, however, to the landowner, its successors and assigns, all such t rights and privileges as may be used and enjoyed without interfering with the use of the project for the purposes authorized by Congress or abridging the rights and easement hereby acquired; provided further that any use of the land shall be subject to Federal and State laws with respect to pollu- tion. Tract No. 330E, Lock and Dam No.,13 A tract of land and any facilities, easements, and Tpur- tenances thereunto belonging, situated in the County of Crawford, State of Arkansas, being part of the NW4 of the NE1 of Section 15, Township 9 North, Range 32 West of the Fifth Principal Meridian, and being more particularly described as follows: Beginning at the point of intersection of the south- easterly property line with the 397 -foot contour on the easterly bank of Lee Creek, said point being approximately 880 feet south .2 i t I and approximately 250 feet west of the northeast corner of the said NWT of the NE'; thence south 20 50' west approximately 300 feet to a point on the 397 -foot contour on the westerly {t bank of Lee Creek; thence northwesterly along said 397 -foot contour approximately 415 feet to a point on the northwesterly 5'; property line; thence northeasterly along said northwesterly property line and along the centerline of Vinsant Creek approxi- 1-1 ft' A mately 600 feet to a point on the northeasterly property line; m. thence south 69 10' east along said northeasterly property line approximately 40 feet to a point on said 397 -foot contour; thence I southwesterly and southeasterly along said 397 -foot contour ap- proximately 650 feet to the point of beginning and containing k 3.50 acres, more or less. I ALSO, in consideration of the premises, it is hereby expressly under- stood that the above specified sum liquidates in full all damages and claims of every kind and nature that have occurred or that may hereafter occur to said land or to the appurtenances thereto belonging on account of the con- 5} struction, operation and maintenance, of said. project. The City of Van Buren t i covenants and agrees with the UNITED STATES OF AMERICA and its assigns to pay all taxes and assessments on said land promptly when due. i TO HAVE AND TO HOLD the same unto the UNITED STATES OF AMERICA and its assigns FOREVER, with all tenements, appurtenances and hereditaments there 11 unto belonging or in anywise appertaining, and the City of Van Buren hereby covenants with the said UNITED STATES OF AMERICA that it will forever warrant tii and defend the title to the said lands against all claims whatever, and that it will indemnify the United States against mortgages, judgments, bonds, and F other liens and encumbrances which may be of record. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, has caused these City Clerk presents to be signed by its Mayor, attested by its ctaaxar�zt c, //and its corporate seal to be hereunto affixed this a/ °.D /r day of 4Jf.( R 1. 19 I' (SEAL) CITY OF BUREN, WAS I. By: !!/'A.1 In A� Mayor `I 3.' l ATTEST: III City Clerk' 3 ^a; STATE OF ARKANSAS SS ACKNOWLEDGMENT j" COUNTY OF CRAWFORD BE IT REMEMBERED, that on this day came before me, the undersigned, J a Notary Public, duly commissioned and acting within and for the County and State aforesaid, 12,1,-,e7 4-4L to me personally well r known, who stated that he was the Mayor of the City of Van Buren, Arkan- sas, and that he was authorized in such capacity to execute the foregoing instrument for and in the name and on behalf of the City of Van Buren, i Arkansas, and further stated and acknowledged that he had so signed, exe- a cuted and delivered said foregoing instrument for the consideration, uses 1 and purposes therein mentioned and set forth. IN TESTIMONY WHER have hereunto set my hand and official seal. this RA-t day of p)E�/l;yJr,( 194/ I (SEAL) U..�vc /(PLC -0 Notary Public My Commission Expires: 4 ;.i rA.