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
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ATTEST: �00
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Kara Paxton, City Clerk-TreasureF,,�,
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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
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-----------------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
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L6
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EXISTING WATER/SEWER EASEMENT
(PER WATER/SEWER EASEMENT
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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.
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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.