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HomeMy WebLinkAbout085-26 RESOLUTION1 13 West Mountain Street Fayetteville, AR 72701 (47e) 57s-8323 Resolution: 85-26 File Number: 2026-562 A RESOLUTION TO AUTHORIZE MAYOR RAWN TO CONVEY AN ELECTRICAL EASEMENT TO SOUTHWESTERN ELECTRIC POWER COMPANY FOR THE WALKER PARK IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to convey an electrical easement to Southwestem Electric Power Company for the Walker Park Improvement Project. PASSED and APPROVED on April 7 ,2026 Attest: Molly Rawn,Kara Paxton, Page 7 CITY COUNCIL MEMO 2026-562 MEETING OF APRIL 7, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs FROM: Ted Jack, Park Planning Superintendent SUBJECT: Walker Park SWEPCO Electrical Easement RECOMMENDATION: Staff recommends granting an underground electrical easement to Southwestern Electrical Power Company (SWEPCO) for providing electrical power to the southern end of Walker Park. BACKGROUND: Work is underway for improvements to the southern end of Walker Park. As part of that work, lighting was added for the many new-use areas, including sports fields, courts, playground, walks, and a yard game hub area. To accomplish this, a new electrical transformer is needed in a new location. This easement is to accommodate the underground electrical lines that will feed the new SWEPCO transformer. DISCUSSION: Exhibit A precisely defines the location of the 20-foot wide easement, which generally is running north and south, located between the multipurpose fields and new pickleball and horseshoe courts. BUDGET/STAFF IMPACT: n/a ATTACHMENTS: 3. Staff Review Form, 4. SWEPCO Easement Walker Park, 5. SWEPCO Electric Easement Exhibit A, 6. General Location Map 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 #: 2026-562 A RESOLUTION TO AUTHORIZE MAYOR RAWN TO CONVEY AN ELECTRICAL EASEMENT TO SOUTHWESTERN ELECTRIC POWER COMPANY FOR THE WALKER 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 an electrical easement to Southwestern Electric Power Company for the Walker Park Improvement Project. Page 1 City of Fayetteville Staff Review Form 2026-562 Item ID 4/7/2026 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Ted Jack Submitted By 3/4/2026 Submitted Date Action Recommendation: PARKS & RECREATION (520) Division / Department Staff recommends granting an underground electrical easement to Southwestern Electrical Power Company (SWEPCO) for providing electrical power to the southern end of Walker Park. Budget Impact: n/a n/a Account Number Fund n/a n/a Project Number Project Title Budgeted Item? Does item have a direct cost? Is a Budget Amendment attached? No Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Amendment Remaining Budget $ $ $ $ $ $ - - - - - - Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: SWEPCO Easement Walker Park Underground Electric Easement STATE OF ARKANSAS COUNTY OF WASHINGTON GRANTORS: City of Fayetteville, Arkansas A Municipal corporation In consideration of one dollar, paid, and other good and valuable considerations, receipt of which is acknowledged, haveand 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 under and through a part of the following described property: PARCEL# 765-14902-000 A parcel of land lying in the SE1/4 of the NE1/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Beginning at the southwest corner of the E1/2 of the NE 1/4 of Section 21, thence north along the west line of the E1/2 of said NE 1/4 650 feet, thence east along the south right of way of 13th Street, 1320 feet to the east line of Section21, thence south along the section line 650 feet to the southeast corner of said NE 1/4, thence west 1320feet to the point of beginning and containing 19.70 acres, more or less. An Easement described as: A part of the Southeast Quarter (SE ¼) of the Northeast Quarter (NE ¼) of Section Twenty-one (21), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows: A twenty (20) foot wide easement ten (10) feet each side of a centerline, with sidelines on the Southerly side of said easement to be lengthened or shortened to terminate at the Northerly right-of-way of Arkansas State Highway Sixteen (16) per Job Number 9458 and with sidelines to terminate at a line drawn perpendicular to the Northerly centerline terminus point, the centerline of said easement being described as follows: Commencing at the Southeast Corner of said Southeast Quarter (SE ¼) of the Northeast Quarter (NE ¼); thence along the Southerly line of said forty (40) acre tract North 86°50’30” West 970.67 feet; thence leaving said Southerly line North 03°09’30” West 38.17 feet to the POINT OF BEGINNING being on the Northerly right-of-way line of Arkansas State Highway Sixteen (16) per Job Np. 9458, as per Deed Bk 690, Page 80; thence the following courses: North 03°09’30” East 83.37 feet; North 11°58’55” East 20.15 feet; North 04°27’26” East 262.45 feet; North 07°29’06” East 106.72 feet to the terminus, containing 9454 square feet, more or less. As shown on attached "Exhibit A" This easement is only for an underground electrical line. Other than the meter and ground mount transformer, no above ground service or equipment of any kind is allowed by this Easement. The GRANTEE has the right to construct, reconstruct, repair, replace, change the size and capacity of, modify, operate, maintain, inspect, remove, a line or lines of underground facilities, including, 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. Together with the right of ingress and egress to said right of way and easement at all reasonable times, with prior notice to the City except in emergencies, 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 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. This easement shall not preclude GRANTOR from constructing and operating ground level park amenities including, but not limited to, multipurpose fields including artificial turf and natural turf surfacing, parking lots, sidewalks, trails, and streets. GRANTEE may not trim, treat, cut down, or remove any trees, growth, and vegetation which GRANTEE believes may interfere with GRANTEE'S lines and other facilities unless GRANTEE has received prior written approval of the Fayetteville Urban Forester or another employee designated by the City for this purpose. GRANTEE shall identify said tre6s, growth, or vegetation it intends to remove on a tree survey or shall provide any other documentation as requested by the-City in orderto seek approvalfrom the City to perform any vegetation management activities. Failure to seek approval of the City or removal of any trees without the City's written approval shall be grounds to terminate the easement and the City shall have the right to seek damages for any improperly removed trees, growth, or vegetation. 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 flnally abandoned. SIGNED AND DATED, this 7 day of Aoril 2026 ISeal]City of !e, Arkansas, A By: A rer STATE OF ARKANSAS COUNTY OF WASHINGTON BE IT REMEMBERED Notary Public within and for said ACKNOWLEDGMENT SS. , that on this date, before County and State, to stated and and delivered SA id instrument for the consideration, uses and so signed, executed and set forth 2026.WITNESS my hand and seat on this 1*L day of ; MY coMMrssroN EXPTRES G.10.2030 m,h^ Notary PUblic 0 ott aL lc and who and acknowledged that duly commissioned and Rawn and Kara Paxton acting ,tome they and and A Horseshoes New Pavilions and plaza Pickleball & Pavilion General Location Map Walker Community Park South End – March 4, 2026 < W. 13th Street > Hub – Yard Games Sand Volleyball Lighted Multipurpose Fields Approximate Location of underground Electrical Easement <W. 15th Street > Walking Loop Renovated Pavilion New Playground Refurbished Tennis Cts. ^ North Exact location detailed in Easement document S. C o l l e g e A v e . > <