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HomeMy WebLinkAboutOrdinance 5055 Doc ID : 011588410006 TVDB : REL ' Recorded : 09/21/2007 at 03 : 32 : 30 PM f Fee Amt : $40 . 00 Pace 1 of 6 k . Washlnoton Countv . AR Bette Stamos Circuit Clerk F11e2007-00036212 i ORDINANCE NO. 5055 AN ORDINANCE VACATING AN ELECTRICAL UTILITY EASEMENT AND GRANTING A REPLACEMENT EASEMENT AT SWEETBRIAR PARK. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted utility easement is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described electrical utility easement: U r See Exhibit `B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby accepts as a replacement easement the following described electrical utility easement: See Exhibit "C" attached hereto and made a part hereof. Section 3 : That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. ,,,,flnn� ,,,,/ a • �..� RK/TR�S,� PASSED and APPROVED this 23 day of August, 2007. ;U> ; G�SY Oc. Gp APPROVED: ATTEST: _ ; FAYETTEVILLE ; N By, By: TON � GGo°� lin. � , � .... DA COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer Sweetbriar Park - 3 Parcel No. 765-15687-000 Parcel No. 765-15695-000 ELECTRICAL DISTRIBUTION LINE EASEMENT .1]!. of BE IT KNOWN BY THESE PRESENTS: z THAT the City of Fayetteville, Arkansas; a municipal corporation, , ,) _ t r� . N. hereinafter called GRANTOR, for and in consideration of the sum of One Dollar,,,, ($1 .00) and other good and valuable consideration, the receipt of which is hereb acknowledged, does hereby GRANT, SELL and CONVEY unto Ozarks Electric Cooperative Corporation, hereinafter called GRANTEE, and unto :Grantee's ' successors and assigns, a permanent easement ' to ' place,' construct, operate, , repair, maintain, relocate, or replace an electrical distribution line on, over, across, :, and under the following described land situated in the County of Washington, State of Arkansas, to-wit: - * S • �, j ,. :. PROPERTY DESCRIPTION: Deed Book 898 at Page 711 and Deed Book 1007 at Page 236 of the Office of the Circuit Clerk and Ex- Officio Recorder of Washington County, Arkansas. Part of the East Half (EY:) of the Southeast Quarter (SE%) of Section 25, Township 17 North, Range 30 * -- West, more particularly described as follows, to-wit: Beginning at the Northeast corner of the Southeast Quarter (SE%) of said SE%, and running thence North 150.00 feet; thence West 371 .60 feet; thence d South 000 08' 42" West 460.00 feet; thence East 371 .60 feet to the East line of said SE%; thence North 310.00 feet to the Point of Beginning, and containing 3.92 acres, more or less. PERMANENT EASEMENT DESCRIPTION: A fifteen ( 15) foot wide permanent easement, being seven and one-half (7.5) feet either side'of a centerline" said centerline being more ' particularly described as follows: From the Northeast comer of the Southeast 0"_ , Quarter (SE%) of the Southeast Quarter (SE'%) of Section 25, Township_17 , North, Range 30 West ,' run - thence North 150.00 feet; thence South 88° 07' 32" West 30.00 feet;' thence South 030 44' 10" West 125.00 , 14, .. ` feet, .thence South 06° 42' 08". East 124.40 feet. to the Point of Beginning; , thence South 04° 03' 07" East at 211 .27 feet to a point,' which is South 00° 12' 55" West 310 feet and North 890 51 ' 43" West 7.52 feet from said Northeast `corner, containing 3173. 10 square feet, more or less, situated in Washington County, Arkansas. . Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. r� TO HAVE AND TO HOLD unto said Grantee, its successors and, assigns, until : the use of. said permanent easement is relinquished, abandoned, or Vacated and so long as such electrical power line(s) are maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. Grantee shall further have the right to cut, trim and control,' within said easement, the growth of trees and other vegetation that may interfere with or threaten to endanger the operation and maintenance of said line or system. The undersigned Grantor hereby covenants that it is lawfully seized of said lands and will forever warrant and defend the title to said lands against all legal claims whatsoever. ,: , E, The said Grantor is to fully use'and enjoy the'said.premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all lines and/or cables, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that above ground appurtenances will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional electrical power lines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the parry securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. EXHIBIT "B" SWEETBRIAR PARK ELECTRICAL EASEMENT VACATION To vacate a previous fifteen (15) foot wide permanent easement, being seven and one-half (7.5) feet either side of a centerline, said centerline being more particularly described as follows: From the Northeast corner of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 25, Township 17 North, Range 30 West, run thence North 150.00 feet; thence South 88 degrees 07 minutes 32 seconds West 30.00 feet, thence South 03 degrees 44 minutes 10 seconds West 125 .00 feet; thence South 06 degrees 42 minutes 08 seconds East 124.40 feet to the point of beginning: Thence run South 47 degrees 59 minutes 12 seconds W 142.06 ft; thence South 33 degrees 29 minutes 28 seconds E 78.70 feet; thence South 30 degrees 35 minutes 28 seconds East 43 .00 feet; thence South 58 degrees 40 minutes 42 seconds East 28 feet to a point which is South 0 degrees 12 minutes 55 seconds West 310 feet, South 87 degrees 42 minutes 27 seconds West 38 .8 feet from said Northeast corner containing 4376.40 square feet, more or less, situated in Washington County, Arkansas. EXHIBIT "C" SWEETBRIAR PARK ELECTRICAL EASEMENT DEDICATION A fifteen (15) foot wide permanent easement, being seven and one-half (7.5) feet either side of a centerline, said centerline being more particularly described as follows: From the Northeast comer of the Southeast Quarter (SE 1 /4) of the Southeast Quarter (SE 1/4) of Section 25, Township 17 North, Range 30 West, run thence North 150.00 feet; thence South 88 degrees 07 minutes 32 seconds West 30.00 feet, thence South 03 degrees 44 minutes 10 seconds West 125 .00 feet; thence South 06 degrees 42 minutes 08 seconds East 124.40 feet to the point of beginning: Thence run South 04 degrees 03 minutes 07 seconds East 211 .27 feet to a point, which is South 0 degrees 12 minutes 55 seconds West 310 feet, North 89 degrees 51 minutes 43 seconds West 7.52 feet from said Northeast corner containing 3173 . 10 square feet, more or less, situated in Washington County, Arkansas. City of Fayetteville � " n" I Staff Review Form City Council Agenda Items or Contracts I _ 8'/a31a7 City Coun d Meeting Date Connie Edmonstoncol Parks & Recreation Operations Submitted By Division Department V6r K ' Eu5e+ Action Required : . VD CA`F► pyo, Ordinance approving vacation of a utility easement and granting of a replacement easement at Sweetbriar Park. n/p le Park Im rovements Cost of this request Category/Project Budget Program Category / Project Name GuIley Park Improvements Account Number Funds Used to Date Program / Project CategoryName Parks Development Sales .Tax Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # CZ�L�.2� Department Di ec or Date Original Contract Date: Original Contract Number: - 2� - a7 City Att ey , Received in City ClerOffice � �. . � 8 - z2 - off a Finance and Internal Service Director Date Received in Mayor's Office EN Bl Z Mayor Date Ordinance needs to be effettrve immediately in order to relocate the underground utility line. City Council Meeting of August 21 , 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor Dan Coody and City Council Thru: Gary Dumas, Operations Director From: Connie Edmonston, Parks and Recreation Directo>��/ Date: August 17, 2007 Subject: Approval of an ordinance to vacate an electrical utility easement and grant a replacement easement at Sweetbriar Park. RECOMMENDATION Ordinance approving the vacation of an electrical utility easement and granting of a replacement easement at Sweetbriar Park. BACKGROUND Sweetbriar Park is located on Sweetbriar Drive east of Old Wire Road and south of Paradise Valley Golf Course. Mud Creek runs through this four acre park. There are several existing easements in the park including electrical, drainage, water and sewer. The 15 foot wide electrical utility easement contains high voltage underground electrical lines encased in a conduit that runs adjacent to Mud Creek in the park. Over the years, the creek embankment has eroded causing the underground electrical supply conduit to be exposed. DISCUSSION This exposed electrical line constitutes a public hazard. Ozarks Electric has requested a reconfiguration of the existing easement so that these lines can be properly bored and buried. Ozarks Electric has fenced off this area from the public. The proposed reconfiguration would effectively create a more linear easement and allow for proper and safe burial of this line. Locations of the current and replacement easements are included on the attached easement graphic. Also attached is a memo from Gregg McGee with Ozarks Electric describing the hazardous nature of this situation and the urgency for City Council to consider this item at the August 2151 meeting. If approved, the ordinance needs to become effective immediately in order to properly take care of this issue. BUDGETIMPACT None. Attachments: Easement Graphic Ozarks Electric Memo Easement Description Easement Vacation Form Pictures Ordinance AUG- 16-2007 THU 02 ; 56 PM P. 02 Ozarks Electric Cooperative Corporation A Touchstone Energy ® Cooperative Attn : Jeff Coles Parks Maintenance Supervisor City of Fayetteville Mr. Coles, Ozarks Electric has an immediate need to resolve an erosion problem at Mud Creek that has exposed Ozarks Electric's underground electric lines. Although this line is protected by duct and should not expose the general public to immediate danger, it is conceivable that this could easily become a hazard. Over the past thirteen years the creek has gradually shifted to the west approximately twenty five feet, which has taken a portion of the easement that the City of Fayetteville granted us May 3, 1994. This is obviously posing safety concerns that we need to get resolved immediately. Unfortunately this line is the only robust feed for this residential area to carry summer peaking loads. To complicating the matter even more, this line has been damaged by contractors installing a concrete water valve at the edge of our easement. As a result, the area around Sweetbriar Subdivision is now being feed from a circuit that has marginal capacity to feed these residential subdivisions. We are very concerned that if this situation is not remedied in the very short term, extended outages could potentially result. In order to make repairs on the damaged line and resolve the exposed electric lines in the Mud Creek, it is imperative that Ozarks Electric be granted a revision on our existing easement, The revised easement will be less obtrusive to the property because it is at the east property boundary. The current easement that we propose to vacate runs along the center of this parcel. We request that this easement modification be given immediate consideration so that public safety and electrical reliability can be maintained for these City of Fayetteville citizens. Thank you so much for your help in this matter. If you have any questions or comments regarding this request, please do not hesitate to contact me. Thank you, Greg McGee Lead Staking Technician (479) 684-4634 office (479) 841 -1193 cell ORDINANCE NO, AN ORDINANCE VACATING AN ELECTRICAL UTILITY EASEMENT AND GRANTING A REPLACEMENT EASEMENT AT SWEETBRIAR PARK. WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted utility easement is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE, CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : Thatthe City Council of the City of Fayetteville, Arkansas hereby vacates and' abandons the following described electrical utility easement: See Exhibit `B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby accepts.as:a replacement easement the following described electrical utility easement: See Exhibit "C" attached hereto and made a part hereof Section 3: That a copy of this Ordinance duly certified by the City Clerk along. with the map attached hereto and labeled Exhibit "A" shall be filed in the office of-the Recorder of the County and recorded in the Deed Records of the County. PASSED and APPROVED this day of 2007. APPROVED: ATTEST: By. By. DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer _ . .. _ . _� It IV ,- It . : - 11 lImil IlI Litt it ]'t_4 MVV. -V lit Ill k It � .. 9I I .. s v ;- '. -k. Ilty Hi . 1.. : .. . . - . . :.. 1 4 -tI II SI b 7jl .. I ROM 7:� 4{ Y1 4 .1 . i - r _ i f tilt 'Irl tlit Intill'- } SLr PS.. "Y tr 14. LL In Its,-lIt r: y a ° i 9-y: C A / a k }r -y N m ii 41 it } - 7 M 2 -� y =IL" 'r .n iminincatililm, IN ,L - y IS ,Se iGr b r w =I yl k� ?13 � _ rt 3r yak. = M n I in It I MRO . - f antC .Rt Ll Ilib `� --s \ •- x z .. It, II.I.InI.Ini- Ir TIn. __— Legend Exhibit A ® Proposed Easement 0 15 30 60 Easement to be Abandoned Feet Y-. Exlsung Easement ^r+n io+GSKeruw�_Lsm ii«wia s..��me�s+Kamn,ry r UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: D ' 7 o7 UTILITY COMPANY: 0 Z 4-P . KS iE l ecJI t G APPLICANT NAME D zoo-Oe- K' S EICC--'h'lc APPLICANT PHONE: $ Lt `+ & 3 `f REQUESTED VACATION (applicant roust check all that apptv): b/ Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed") (ATTACH legal description and graphic representation of what is being vacated-SURVEY) u UTILITY COMPANY COMMENTS: • No objections to the vacation(s) described above. ONo objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) 0 e- ere o 44v- wesf-- 5- At aF our �- P, f ov+-ex.l i b ►JQw For env o ease,Vt �,ud ons eas4 Pry C.f 6eaucQdt� • No objections provided the following conditions are met: / Signatur ity/CompanyRepresentative Title _ Februan, 1006 Page 5 EXHIBIT "B" SWEETBRIAR PARK ELECTRICAL EASEMENT VACATION To vacate a previous fifteen (15) foot wide permanent easement, being seven and one-half (7.5) feet either side of a "centerline, said centerline being more particularly described as follows: From the Northeast comer of the Southeast Quarter (SE Y) of the Southeast Quarter (SE 1/4) of Section 25, Township 17 North, Range 30 West, run thence North 150.00 feet; thence South 88 degrees 07 minutes 32 seconds West 30.00 feet, thence South 03 degrees 44 minutes 10 seconds West 125.00 feet; thence South 06 degrees 42 minutes 08 seconds East 124.40 feet to the point of beginning: Thence run South 47 degrees 59 minutes 12 seconds W 142.06 ft; thence South 33 degrees 29 minutes 28 seconds E 78.70 feet; thence South 30 degrees 35 minutes 28 seconds East 43.00 feet; thence South 58 degrees 40 minutes 42 seconds East 28 feet to a point which is South 0 degrees 12 minutes 55 seconds West 310 feet, South 87 degrees 42 minutes 27 seconds West 38.8 feet from said Northeast corner containing 4376.40 square feet, more or less, situated in Washington County, Arkansas. I EXHIBIT "C" SWEETBRIAR PARK ELECTRICAL EASEMENT DEDICATION A fifteen (15) foot wide permanent easement, being seven and one-half (7.5) feet either side of a centerline, said centerline being more particularly described as follows: From the Northeast corner of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 25, Township 17 North, Range 30 West, run thence North 150.00 feet; thence South 88 degrees 07 minutes 32 seconds West 30.00 feet, thence South 03 degrees 44 minutes 10 seconds West 125.00 feet; thence South 06 degrees 42 minutes 08 seconds East 124.40 feet to the point of beginning: Thence run South 04 degrees 03 minutes 07 seconds East 211 .27 feet to a point, which is South 0 degrees 12 minutes 55 seconds West 310 feet, North 89 degrees 51 minutes 43 seconds West 7.52 feet from said Northeast comer containing 3173 . 10 square feet, more or less, situated in Washington County, Arkansas.