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HomeMy WebLinkAbout176-24 RESOLUTION�RKnr+S�' 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 176-24 File Number: 2024-220 BLACK HILLS ENERGY, INC. (EASEMENT APPROVAL): A RESOLUTION TO CONVEY A 25 FOOT WIDE NATURAL GAS EASEMENT TO BLACK HILLS ENERGY FOR THE EXTENSION OF A GAS LINE THROUGH COMBS PARK WHEREAS, Black Hills Energy has requested a natural gas easement through Combs Park to serve a residential development west of the West Fork of the White River; and WHEREAS, the proposed easement generally follows an existing water and sewer easement through the park; and WHEREAS, staff has determined that the easement will not interfere with the future development of Combs Park because the easement language ensures that compatible recreational uses, including the construction of trails, will not impaired by Black Hills Energy's use of the easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I : That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to convey a 25 foot wide natural gas easement, a copy of which is attached to this Resolution, to Black Hills Energy for the extension of a gas line through Combs Park. PASSED and APPROVED on July 2, 2024 Page 1 Attest: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 2, 2024 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff FROM: Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs SUBJECT: Approval of an easement for Black Hills Energy at Combs Park 2024-220 RECOMMENDATION: Staff recommends approving an easement with Black Hills Energy for the extension of a gas line through Combs Park. BACKGROUND: Black Hills Energy has been working with City staff to coordinate an easement through Combs Park to serve residential development west of the West Fork of the White River. After coordination with multiple departments and entities, we've come to an agreeable alignment and easement language. DISCUSSION: Black Hills Energy is in need of an easement across city owned property at Combs Park to extend natural gas infrastructure to the west side of the West Fork of the White River. Easement alignment has been coordinated with the Utilities Department and the Parks, Natural Resources and Cultural Affairs Department and the Watershed Conservation Resource Center who has designed a stream restoration project along this reach of the river. Easement language has been negotiated to allow for trails on the easement and that the Grantee shall work to ensure that compatible recreational uses shall not be impaired by the easement. The Grantee agrees to bore the West Fork of the White River and install pipelines to avoid interfering with the river restoration project. Boring location and depth shall be approved by both the Watershed Conservation Resource Center and the City of Fayetteville prior to the work beginning. The easement generally follows an existing water and sewer easement through the park and has been determined that it will not interfere with future development of the park. BUDGET/STAFF IMPACT: None ATTACHMENTS: SRF (#3), Black Hills Natural Gas Easement (City of Fayetteville) (#4), Exhibit A Easement Map (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-220 Approval of an easement for Black Hills Energy at Combs Park A RESOLUTION TO CONVEY A 25 FOOT WIDE NATURAL GAS EASEMENT TO BLACK HILLS ENERGY FOR THE EXTENSION OF A GAS LINE THROUGH COMBS PARK WHEREAS, Black Hills Energy has requested a natural gas easement through Combs Park to serve a residential development west of the West Fork of the White River; and WHEREAS, the proposed easement generally follows an existing water and sewer easement through the park; and WHEREAS, staff has determined that the easement will not interfere with the future development of Combs Park because the easement language ensures that compatible recreational uses, including the construction of trails, will not impaired by Black Hills Energy's use of the easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to convey a 25 foot wide natural gas easement, a copy of which is attached to this Resolution, to Black Hills Energy for the extension of a gas line through Combs Park. Page 1 Alison Jumper Submitted By City of Fayetteville Staff Review Form 2024 - 220 Item ID 7/2/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/11/2024 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Staff recommends approving an easement with Black Hills Energy for the extension of a gas line through Combs Park. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Previous Ordinance or Resolution # Approval Date: NATURAL GAS EASEMENT Black Hills Energy Arkansas, Inc. AFTER FILING, PLEASE RETURN DOCUMENT TO: Name: Black Hills Energy Arkansas, Inc. (Attn: Bryan Baumgartner) Address: 655 East Millsap Road Fayetteville, AR 72703 Project: Borick Ext. Tract Number: 1 Work Order: This Instrument Prepared by: BLACK HILLS ENERGY LAND DEPARTMENT KNOW ALL MEN BY THESE PRESENTS: That City of Fayetteville, Arkansas, a Municipal Corporation ("Grantor"), whose address is 113 West Mountain Street, Fayetteville, AR 72701, for itself, its heirs, successors and assigns, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, does hereby grant, convey and confirm unto Black Hills Energy Arkansas, Inc. d/b/a Black Hills Energy, an Arkansas corporation whose address is 655 E. Millsap Rd., Suite 104, Fayetteville, AR 72703, its successors assigns, and licensees ("Grantee"), a natural gas easement to survey, construct, install, inspect, maintain, renew, repair, remove, replace and operate pipeline(s) and appurtenances, for the transportation of natural gas or any other substance which can be transported by pipeline, under and through the following described lands, situated in portions of Section Twenty-six (26), Township Sixteen (16) North, Range Thirty (30) West of the Fifth (5th) Principal Meridian, County of Washington, State of Arkansas, more particularly described as follows: A part of the South Half (S'/2) of the Northeast Quarter (NE'/4) and the North Half (N'/2) of the Southeast Quarter (SE'/4) of Section Twenty-six (26), Township Sixteen (16) North, Range Thirty (30) West of the Fifth (5th) Principal Meridian, County of Washington, State of Arkansas further described in Book 773 at Page 33. Parcel # 765-19955-000 The easement shall consist of: A TWENTY-FIVE FOOT WIDE GAS EASEMENT LOCATED IN A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT. COMMENCING FROM THE NORTHEAST CORNER OF SAID SECTION 26 THENCE ALONG THE EAST LINE OF SAID SECTION 26 S01 °34'47"W 2238.72 FEET, THENCE LEAVING SAID EAST LINE S88°45'17"W 712.41 FEET TO THE NORTHEAST CORNER OF AN EXISTING WATER/SEWER EASEMENT FILED IN BOOK 2008 AT PAGE 22062, THENCE ALONG THE EAST LINE OF SAID EXISTING EASEMENT S40°59'46"E 11.24 FEET TO THE SOUTHEAST CORNER OF SAID EASEMENT, THENCE ALONG THE SOUTH LINE OF SAID EASEMENT S76°11'40"W 135.54 FEET, TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE LEAVING THE SOUTH LINE OF SAID EASEMENT S40°48'27"E 504.90 FEET, THENCE N75°02'09"E 169.67 FEET TO THE CENTERLINE OF THE WHITE RIVER, THENCE ALONG SAID CENTERLINE S37°53'53"E 27.15 FEET, THENCE LEAVING SAID CENTERLINE S75°02'09"W 195.92 FEET, THENCE N40°4827"W 505.25 FEET, THENCE S76°11'40"W 844.72 FEET, THENCE S70°25'31 "W 206.61 FEET, THENCE N01 °29'52"E 26.79 FEET TO THE SOUTH LINE OF AN EXISTING WATER/SEWER EASEMENT FILED IN BOOK 2008 AT PAGE 22062, THENCE ALONG SAID SOUTH LINE N70°25'31 "E 198.24 FEET, THENCE CONTINUING ALONG SAID SOUTH LINE N76°11'40"E 861.30 FEET TO THE POINT OF BEGINNING. A drawing of the above -described easement shall be attached hereto and made part of this agreement as Exhibit "A". (the "Subject Lands") This natural gas easement is subject to any and all other easements, rights -of -way, variances, memorandums and/or agreements currently of record. TO HAVE AND TO HOLD said easement unto Grantee so long as such pipelines and appurtenances, or any part thereof, shall be maintained, together with the right of ingress to and egress from the Subject Lands for the purposes herein stated, at the will of Grantee. Grantor retains the right to use and enjoy the Subject Lands, subject only to the right of Grantee to use the same for the purposes herein expressed, and subject to the limitations contained herein. Grantor hereby acknowledges that the consideration received herewith is full consideration for the easement granted herein, and also for damages to both the Subject Lands and growing crops occasioned by the initial installation of Grantee's facilities. Grantor reserves the right to cultivate, use and occupy the Subject Lands for any purpose consistent with the rights and privileges herein granted, and which will not interfere with or, in the sole judgment of Grantee, endanger any of the facilities thereon or Grantee's use thereof. Such reservation by Grantor shall in no event include the right: (i) to construct any buildings or structures of any kind; (ii) to impound, retain, collect, or store any water; or (iii) to plant any trees or shrubs upon the easement granted herein without the express written consent of Grantee. Grantee acknowledges that this easement is located in a public park and that recreational uses such as trails are an allowed use on the easement and Grantee shall work to ensure that compatible recreational uses shall not be impaired. Grantee agrees to lay all pipelines at a sufficient depth to avoid interfering with cultivation of the soil, and to pay Grantor for damages to trails (hard and soft surface), benches growing crops, fences or other improvements which may arise from the operations of Grantee. Any such damage, if not mutually agreed upon, shall be ascertained and determined by three disinterested persons, one appointed by Grantor, one by Grantee, and the third chosen by the two persons so appointed. The written award of a majority of such three persons shall be final and conclusive upon Grantor and Grantee. Grantee is aware of a restoration project within and around the area subject to this easement. Grantee agrees to bore the West Fork of the White River and lay all pipelines at a sufficient depth to avoid interfering with the restoration project. Grantee shall design a bore profile to mitigate any potential conflicts and the bore profile shall be approved by both the City of Fayetteville and Watershed Conservation Resource Center in writing prior to the commencement of any work by Grantee. Grantors agree to make no use of, nor permit others to make any use of said easement strip that would reduce in clearance or in any other way interfere with the proper and safe operation and/or maintenance of said pipeline(s) by Grantee. Grantee aggress that typical nature recreation activities are not considered an interference for proper and safe operation and /or maintenance of said pipeline. Grantee shall not be required to remove any abandoned pipeline(s) from the Subject Lands. It is agreed by Grantor that any payment of consideration due under the terms hereof may be made jointly to Grantor and any mortgagees of record at the time such payment becomes due. This natural gas easement and the duties and obligations created herein shall run with the land and shall be binding upon Grantor, Grantee and their respective heirs, devisees, successors, and assigns. [Signature Page to Follow] IN WITNESS WHEREOF, Grantor has hereunto set its hand this 2 City of F a Munici ATTEST: �00 �C,�:•G�(Y p L F Kara Paxton, City Clerk-TreasureF,,�, 'iuniffilit % ACKNOWLEDGMENT STATE OF ARKANSAS day of July 2024. Ile, Arkansas COUNTY OF WASHINGTON ) I This instrument was acknowledged before me this / day of 2024, by Lioneld Jordan and Kara Paxton as Mayor and City Clerk -Treasurer of City of ayetteville, Arkansas, a Municipal Corporation, who were duly authorized in his or her respective capacity to execute this instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that he or she had so signed, executed, and delivered said foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth. SEAL Witness my hand and official seal. gH�11N Name: �� pND�q i�i4 Notary P lic, State of Arkansas ` C&nhurs- lr ,y 4tNOTARy''u► : �C My Commission expires: , •. .O r. S .0 ;t •y= �y 0`= -----------------L----- BORICK DRIVE 31' ASPHALT - .50' R/W ---------------- TWENTY-FIVE FOOT WIDE GAS EASEMENT SURVEY DESCRIPTION: A TWENTY-FIVE FOOT WIDE GAS EASEMENT LOCATED IN A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING FROM THE NORTHEAST CORNER OF SAID SECTION 26 THENCE ALONG THE EAST LINE OF SAID SECTION 26 S01°34'47"W 2238.72 FEET, THENCE LEAVING SAID EAST LINE S88°45'1 TW 712.41 FEET TO THE NORTHEAST CORNER OF AN EXISTING WATER/SEWER EASEMENT FILED IN BOOK 2008 AT PAGE 22062, THENCE ALONG THE EAST LINE OF SAID EXISTING EASEMENT S40°59'46"E 11.24 FEET TO THE SOUTHEAST CORNER OF SAID EASEMENT, THENCE ALONG THE SOUTH LINE OF SAID EASEMENT S76°11'40"W 135.54 FEET, TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE LEAVING THE SOUTH LINE OF SAID EASEMENT S40°4812711E 504.90 FEET, THENCE N75°02'09"E 169.67 FEET TO THE CENTERLINE OF THE WHITE RIVER, THENCE ALONG SAID CENTERLINE S37°53'53"E 27.15 FEET, THENCE LEAVING SAID CENTERLINE S75°0210911W 195.92 FEET, THENCE N40°48'27"W 505.25 FEET, THENCE S76°11'40"W 844.72 FEET, THENCE S70°25'31"W 206.61 FEET, THENCE N01 °29'52"E 26.79 FEET TO THE SOUTH LINE OF AN EXISTING WATER/SEWER EASEMENT FILED IN BOOK 2008 AT PAGE 22062, THENCE ALONG SAID SOUTH LINE N70°2513111E 198.24 FEET, THENCE CONTINUING ALONG SAID SOUTH LINE N76°11'40"E 861.30 FEET TO THE POINT OF BEGINNING. EASEMENT EXHIBIT FOR USE OF: BLACK HILLS ENERGY LOCATION: WASHINGTON COUNTY, ARKANSAS SEC 26, T-16-N, R-30-W CREW CHIEF: N.F. DRAWN BY: J.N. SHEET SIZE: 18x24 PLAT No. 23-216 DATE: 01/24/2024 ATLAS � PROFESSIONAL LAND SURVEYING P.O. BOX 1026 425 N CENTENNIAL AVENUE #2 WEST FORK, AR. 72774 PS #1756 PH.479.294.6177 COA #2875 LINE BEARING DISTANCE L1 S 40'59'46" E 11.24' L2 S 76.1 1 40 W 135.54 L3 S 37'53'53" E 27.15' L4 S 70'25'31 " W 206.61 ' L5 N 01'29'52" E 26.79' L6 IN 70'25'31 " E 1198.24' EXISTING WATER/SEWER EASEMENT (PER WATER/SEWER EASEMENT BOOK 2006, PAGE 31803) EXISTING WATER/SEWER EASEMENT (PER WATER/SEWER EASEMENT / GOOK 2008, PAGE 22062) =WER EASEMENT / R EASEMENT GE 22062) / / /yl 515Z7 25' WIDE GAS EASEMENT PARCEL #765-19955-000 COUNTY RECORDING INFORMATION: NE CORNER SECTION 26 T-16-N R-30-W P.O.C. 31 \1--_--S 88°T-4—l' W 712.41' F� s� zz- 3r Z, F� 25' WIDE GAS EASEMENT — \ \ \ \ \ \ \ \ PARCEL #765-19956-000 \ \ \ \ \ \ \ Of 1201 2-40' 3100' SCALE: 1"= 120' LEGEND O SET #4 REOAR ®SANITARY SEWER M.H. ® WATER METER X WATER VALVE O UTILITY POLE ® ELECTRIC I3OX BOUNDARY LINE — — — — — —FORTY/TIE LINE ------------ -ASPHALT/GRAVEL/CONCRETE ---------RIGHT OF WAY — x x —FENCE GAS EASEMENT —WATER/SEWER EASEMENT CENTERLINE ROAD ATLAS PROFESSIONAL LAND SURVEYING, LLC COPYRIGHT 2024 ALL GOVERNMENTAL MUNICIPALITIES/AGENCIES INCLUDING GIS DEPARTMENTS ARE EXEMPT FROM COPYRIGHT. THIS PLAT IS COPYRIGHT MATERIAL AND WAS PROVIDED FOR THE USE OF THE PERSON(S) NAMED ON THIS PLAT. NO ONE INCLUDING THE PERSON(S) NAMED ON THIS PLAT MAY COPY OR REPRODUCE ANY PART OF THIS PLAT FOR FINANCIAL GAIN. ONLY ORIGINAL COPIES OF THIS PLAT MAY BE USED. IF THE SEAL ON THIS PLAT IS NOT RED IN COLOR AND SIGNED IN BLUE INK, IT IS NOT AN ORIGINAL PLAT AND CONSIDERED AN UNAUTHORIZED COW. NOTES: LAND USE/LAND RESTRICTIONS: EXCEPT AS SPECIFICALLY STATED OR SHOWN HEREON, THIS SURVEY DOES NOT REFLECT ANY EASEMENTS (OTHER THAN APPARENT EASEMENTS OBSERVED IN THE FIELD AT THE TIME OF THE SURVEY) BUILDING SETBACK LINES, RESTRICTIVE COVENANTS, SUBDIVISION RESTRICTIONS, ZONING, LAND -USE REGULATIONS, OR FACTS IN WHICH AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. UTILITIES: EXCEPT AS SHOWN HEREON, NO ATTEMPT HAS BEEN MADE AS PART OF THIS SURVEY TO OBTAIN OR SHOW DATA CONCERNING EXISTENCE, SIZE, DEPTH, CONDITION, CAPACITY, OR LOCATION OF ANY UTILITY OR MUNICIPAVPUBLIC FACILITY. CONTACT ALL UTILITY PROVIDERS FOR THIS INFORMATION. FLOOD INFORMATION: ANY INFORMATION (TEXT, LINES, SYMBOLS, HATCHES, ETC.) ON THIS PLAT THAT MAKE REFERENCE TO FLOOD ZONES ARE APPROXIMATE AND DERIVED FROM A FLOOD INSURANCE RATE MAP (FIRM) BY GRAPHICAL PLOTTING ONLY. THIS PLAT DOES NOT REPRESENT THE SURVEYOR'S OPINION ON THE PROBABILITY OF FLOODING. N 95°O� jgs,a2' 75°O�q oQopppppouo 0 0 0 OF 000000000 ?�ee c? 0000 p % Oos =xQmAT LAS so- 2 0 p � u PROEE9SIONAL LAND SURVEYING= �y � o � o o �B�is No. 875 �e o0 00000000 oR8 oN� oo QQ0000 pppp��p000(I000000p oo° ®®eee ®® ®® °oo 00 ® STAIl7E OF ®®® o0 o®®® ARKANSAS co o o o o No 1756 ®� o o OO Pao ®� o L� ��O®%' 011-/�2�3/24��®®'�o� flop ®®® i 17T ® 000 OO�O 0000e���0000000 0 (IO��ppp0 0 0 NATURAL GAS EASEMENT Black Hills Energy Arkansas, Inc. AFTER FILING, PLEASE RETURN DOCUMENT TO: Name: Black Hills Energy Arkansas, Inc. (Attn: Bryan Baumgartner) Address: 655 East Millsap Road Favetteville, AR 72703 Project: Borick Ext. Tract Number: 1 Work Order: This Instrument Prepared by: BLACK HILLS ENERGY LAND DEPARTMENT KNOW ALL MEN BY THESE PRESENTS: That City of Fayetteville, Arkansas, a Municipal Corporation ("Grantor"), whose address is 113 West Mountain Street, Fayetteville, AR 72701, for itself, its heirs, successors and assigns, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, does hereby grant, convey and confirm unto Black Hills Energy Arkansas, Inc. d/b/a Black Hills Energy, an Arkansas corporation whose address is 655 E. Millsap Rd., Suite 104, Fayetteville, AR 72703, its successors assigns, and licensees ("Grantee"), a natural gas easement to survey, construct, install, inspect, maintain, renew, repair, remove, replace and operate pipeline(s) and appurtenances, for the transportation of natural gas or any other substance which can be transported by pipeline, under and through the following described lands, situated in portions of Section Twenty-six (26), Township Sixteen (16) North, Range Thirty (30) West of the Fifth (51h) Principal Meridian, County of Washington, State of Arkansas, more particularly described as follows: A part of the South Half (S%) of the Northeast Quarter (NE%) and the North Half (N%) of the Southeast Quarter (SEY.) of Section Twenty-six (26), Township Sixteen (16) North, Range Thirty (30) West of the Fifth (5th) Principal Meridian, County of Washington, State of Arkansas further described in Book 773 at Page 33. Parcel # 765-19955-000 The easement shall consist of: A TWENTY-FIVE FOOT WIDE GAS EASEMENT LOCATED IN A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT. COMMENCING FROM THE NORTHEAST CORNER OF SAID SECTION 26 THENCE ALONG THE EAST LINE OF SAID SECTION 26 S01 °34'47"W 2238.72 FEET, THENCE LEAVING SAID EAST LINE S88°45'17"W 712.41 FEET TO THE NORTHEAST CORNER OF AN EXISTING WATER/SEWER EASEMENT FILED IN BOOK 2008 AT PAGE 22062, THENCE ALONG THE EAST LINE OF SAID EXISTING EASEMENT S40°59'46"E 11.24 FEET TO THE SOUTHEAST CORNER OF SAID EASEMENT, THENCE ALONG THE SOUTH LINE OF SAID EASEMENT S76°11'40"W 135.54 FEET, TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE LEAVING THE SOUTH LINE OF SAID EASEMENT S40°48'27"E 504.90 FEET, THENCE N75°02'09"E 169.67 FEET TO THE CENTERLINE OF THE WHITE RIVER, THENCE ALONG SAID CENTERLINE S37°5353"E 27.15 FEET, THENCE LEAVING SAID CENTERLINE S75°02'09"W 195.92 FEET, THENCE N40°4827"W 505.25 FEET, THENCE S76-11'40"W 844.72 FEET, THENCE S70°25'31 "W 206.61 FEET, THENCE N01 °29'52"E 26.79 FEET TO THE SOUTH LINE OF AN EXISTING WATER/SEWER EASEMENT FILED IN BOOK 2008 AT PAGE 22062, THENCE ALONG SAID SOUTH LINE N70°25'31 "E 198.24 FEET, THENCE CONTINUING ALONG SAID SOUTH LINE N76°11'40"E 861.30 FEET TO THE POINT OF BEGINNING. A drawing of the above -described easement shall be attached hereto and made part of this agreement as Exhibit "A". (the "Subject Lands") This natural gas easement is subject to any and all other easements, rights -of -way, variances, memorandums and/or agreements currently of record.