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Home My WebLink About187-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 187-25 File Number: 2025-1375 A RESOLUTION TO AUTHORIZE MAYOR RAWN TO CONVEY A 1,930 SQUARE FOOT RIGHT OF WAY AND EASEMENT TO SOUTHWESTERN ELECTRIC POWER COMPANY FOR UTILITY RELOCATIONS ASSOCIATED WITH THE BUDDY HAYES PARK IMPROVEMENT PROJECT 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 Rawn to convey a 1,930 square foot right of way and easement to Southwestern Electric Power Company for utility relocations associated with the Buddy Hayes Park Improvements project. PASSED and APPROVED on August 19, 2025 Approved: * -�O� Molly Rawn, Mayor Attest: ................. ...Z "C varl7Ewu "= %9J' .9kANSP' J2`J ''��yNGloN � o�°• Kara Paxton, City Clerk Treasurer Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 19, 2025 TO: Mayor Rawn and City Council THRU: Steven Dotson, Chief Financial Officer FROM: Waylon Abernathy, Bond Projects & Construction Dir SUBJECT: Utility Easement Buddy Hayes Park CITY COUNCIL MEMO 2025-1375 RECOMMENDATION: Approval of Utility Easement to allow for SWEPCO and Communications lines to be moved to below grade on the west side of Buddy Hayes Park. BACKGROUND: Resolution 85-25 authorized the change order to Moser Construction Contract for the streamside restoration and Buddy Hayes Park Improvements to include stage, walkways, sidewalks, and parking. DISCUSSION: This is a 10' easement to allow for moving the power and communications underground on the west side of Buddy Hayes Park. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Staff Review Form, 4. AR250046 - City of Fayetteville - Buddy Hayes Park Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 _= City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-1375 A RESOLUTION TO AUTHORIZE MAYOR RAWN TO CONVEY A 1,930 SQUARE FOOT RIGHT OF WAY AND EASEMENT TO SOUTHWESTERN ELECTRIC POWER COMPANY FOR UTILITY RELOCATIONS ASSOCIATED WITH THE BUDDY HAYES PARK IMPROVEMENT PROJECT 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 Rawn to convey a 1,930 square foot right of way and easement to Southwestern Electric Power Company for utility relocations associated with the Buddy Hayes Park Improvements project. Page 1 City of Fayetteville Staff Review Form 2025-1374 Item ID August 19 2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Wade Abernathy 7/24/2025 CHIEF FINANCIAL OFFICER (110) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a Utility Easement to allow for SWEPCO and Communications lines to be moved to below grade on the I West Side of Buddy Hayes Park. Account Number Project Number Budgeted Item? N/A Does item have a direct cost? N/A Is a Budget Adjustment attached? N/A Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title V20221130 Purchase Order Number: Previous Ordinance or Resolution # 85-25 Change Order Number: Approval Date: Original Contract Number: Comments: AR250046 RIGHT OF WAY AND EASEMENT STATE OF ARKANSAS COUNTY OF WASHINGTON GRANTORS: CITY OF FAYETTEVILLE 113 W MOUNTAIN ST FAYETTEVILLE, AR 72701 In consideration of one dollar, paid, and other good and valuable considerations, receipt of which is acknowledged, have and by these presents do grant and convey unto GRANTEE, SOUTHWESTERN ELECTRIC POWER COMPANY, a Delaware corporation, whose address is 428 Travis St, P.O. Box 21106, Shreveport, LA 71156, its associated and allied companies and their respective successors and assigns, herein referred to as GRANTEE, a perpetual right of way and easement over and through a part of the following described property: Parcel #s 765-02963-000 765-02964-000 765-02964-000 (See legal description on "Exhibit A") An Easement and Right of Way Ten (10) feet in width and One Hundred Ninety -Three (193) feet in length as shown on "Attached Exhibit A" With the right to construct, reconstruct, repair, replace, change the size and capacity of, modify, operate, maintain, inspect, remove, a line or lines of underground and/or overhead facilities, including, but not limited to, poles, structures, wires, cables, conduits, guys, anchors, and other fixtures and equipment as the GRANTEE may from time to time require for the distribution of electric current, and other forms of energy, and for the transmission or communication of data, audio and video information. Together with the right of ingress and egress to said right of way and easement at all times with equipment and personnel across GRANTOR'S lands for the purpose of constructing, operating and maintaining said lines and related facilities and making all necessary repairs, alterations or removal of any of its property placed thereon, provided that GRANTEE shall repair, replace, or pay for actual damages which may be the result of construction, maintenance and operation of its facilities. GRANTOR shall not construct nor permit to be constructed, any structure or building of any type or nature, including swimming pools, on or adjacent to the said easement right of way that would prevent the use or endanger the said facilities or that would cause a violation of the National Electric Safety Code. In addition, the GRANTEE may trim, treat, cut down, or remove any trees, growth and vegetation without incurring damages (within the right of way or which could grow into the right of way) which may interfere with GRANTEE'S lines and other facilities To have and hold the above described easement and rights unto the GRANTEE, its successors and assigns, forever or until said right of way and easement is finally abandoned. SIGNED AND DATED, this 19 day of August , 2025. 416 City of Fayetteville Representative Mayor Molly Rawn Title Acknowledgement THE STATE OF ARKANSAS ) ) SS COUNTY OF WASHINGTON ) On this the day of , 2025, before me, a Notary Public, personally appeared MrljlN pavyl , known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the foregoing instrument and acknowledged that he/she/they executed the same for the purposes herein set forth. In witness whereof I hereunto set my hand and official seal. SWEPCO Right -of -Way 101 W Township Fayetteville, AR 72703 01-N �' Notary Public I45 • i �p A•y� •`� %' Pvot% C-'�"'; is Lli LL 0 Proposed 10' Utility Easement Description The west 10 feet of Lots 1, 2 & 3, Block 1 of Boles Addition containing 1,926 square feet or 0.044 acres more or less. E. ROCK STREET (45' R/W) 7 10, LOT 1 BOLES ADDITION l PARCEL ID: PROPOSED 10' VA) 765-02963-000 UTILITY EASEMENT � 1,926 SQ. FEET± OR 0.044 ACRES± Ck LOT 2 BOLES ADDITION PARCEL ID: 765-02964-000 W w �1 Q CDBLOC, - J 0 LOT 3 BOLES ADDITION PARCEL ID: 765-02964-000 10, t— M W 1 /2 LOT 7 BOLES ADDITION PARCEL ID: 765-006328-000 PART OF LOT 8 BOLES ADDITION PARCEL ID: 765-06329-000 PART OF LOT 8 BOLES ADDITION PARCEL ID: 765-06330-000 0' 20' 40' SCALE IN FEET THIS SKETCH IS NOT A BOUNDARY SURVEY. IT IS INTENDED TO SHOW THE CONFIGURATION OF A PROPOSED EASEMENT. IT SHOULD NOT BE USED TO LOCATE PROPERTY LINES AND DOES NOT MEET THE STANDARDS FOR PROPERTY BOUNDARY SURVEYS. SHEET 1 OF 1 Buddy Hays Park 3537 North Steele Boulevard EXHIBIT u PROJECT NO: 022-06146 y y Suite 310 Fayetteville, AR 72703 DRAWN BY: SBR Proposed SWEPCO ! olsson.com TEL 479.443.3404 A Easement Exhibit Olsson - Survey DATE: 06.05.2025 Arkansas COA #1010