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Home My WebLink AboutOrdinance 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. AUG-03-2007 FRI 06:58 AM P. 04 RIGHT Or WAY GRANT Ozarks Electric Sweetbriar Park Parcel No. 765-15687-O00 765-15695-O00 STATE OF ARKANSAS BE. IT KNOWN BY THESE PRESENTS: COUNTY OF WASHINGTON THIS RIGHT OF WAY GRANT, entered into by the CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation; hereinafter styled GRANTOR, and OZARKS ELECTRIC COOPERATIVE CORPORATION, an Arkansas corporation, hereinafter styled GRANTEE, for and In consideration of the sum of One Dollar ($1.00) and other valuable considerations, receipt of which is hereby acknowledged, does by these presents GRANT, BARGAIN, SELL AND CONVEY unto GRANTEE, Its associated and allied companies, and their respective successors and assigns, an easement and right of way as described hereafter for the construction, operation, maintenance, and use of electrical transmission and distribution lines, consisting of variable number of lines, together with any and all appurtenances thereto, as may be required by Grantee from time to time, upon and under a strip of land Fifteen (151 feet in width, across Grantor's land situated in Washington County, Arkansas, and more particularly described as follows: PROPERLY DESCRIPTION: Deed Book BOB at Pago 711 and Deed Book 1007 at Page 236. of the Office of the .Cimul't Clerk and £x -Officio Recorder of Washington County, Arkansas. �• . Part of the East Half (EV) of the Southeast Quarter (SEW) 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 (SEY.) of said SEW, and running thence North 160.00 feet; thence West 371.80 feet; thence South 00 08' 42' West 460.00 foot; thence East 371.60 foot tattle East fine of said SEW; thence North 310.00 feet to the Point of,9eginning, and containing 3.92 acres, more or less. A fifteen (15) foot wide permanent easement, being seven and one -halt (7.5) feet on either side of a centerline, sold centerline being more particularly described as follows: Beginning ate point on the Nortb tine of the above described property, said point being South B8 07' 32" West 30.00 feet from said Northeast corner; thence South 03 44' 10' West 125.00 toot; thence South DO 42' 08' East 124.40 feet; thence South 47" 59' 12' West 142.06 feet; thence South 33 29' 28' East 78.70 toot; thence South 30 351 28' East 43.00 toot; thence South 50' 40' 48' East 28.00 feet to a point on the South line of the above described properly, said point also being South 80 07' $2' West 55-00 feet from the Southeast corner of said property, and containing 6117.43 square feet, more or lees. aearlegs are based an Final Plats of Paradise View Estates Subdivision . . as surveyed by Crofton, Tull 8 Associates. TO HAVE AND TO HOLD, with all rights and appurtenances to the same belonging, unto said Grantee, its successors and assigns, until the use of the easement is relinquished or abandoned, including (1) the right of ingress and egress to and from the easement by reasonable routes across Grantor's property, (2) the right of constructing, reconstructing, locating, relocating, Inspecting, patrolling, Installing new or additional underground lines, and other facilities and appurtenances as may be required In the future, (3) the right to remove tress or undergrowth within the easement and trim such trees and undergrowth, or other obstructions, which in the opinion of Grantee, constitute a hazard or endanger the safety and/or reliability of said lines or their appurtenances and/or the public, and (4) the right to install temporary or permanent gates in fences crossing the easement. No buildings, structures, or other improvements (other than fences) may be constructed above ground, and no trees shall be planted or permitted by Grantor on said right of way. 94 27151 AUG-03-2007 FRI 06:58 AM P, 05 . .,GHT OF WAY GRANT CITY OF FAYETTEVILLE Page 2 of 2 Grantee, Its successors and assigns shall repair and restore the property and pay for damages to crops and other property following construction and maintenance work as determined by three disinterested persons, one thereof to be appointed by said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of such three persons shell be final and conclusive. Further, Grantor reserves the right to use and enjoy its interests In the easement area insofar as the exercise thereof does not Interfere with the construction, operation and maintenance of said systems and lines; and included in this reservation is the right of ordinary cultivation of crops. 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. WITNESS the execution hereof this the --- day of CITY OF FAYETTEVILLE BY: _ ATTEST: Fred nna, Mayor Sherry Thon s, City Clerk ACKNOWLEDGMENT STATE OF ARKANSAS M, COUNTY OF WASHINGTON (Seal) BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public. within and far the County and State aforesaid, duly cotnmisstoned and acting, personally appeared the within named, Fred Hanna and Sherry Thomas , to me well known, who stated that they are the Mayor and City Clerk of the City of Fayetteville. Arkansal a municipal corporation, and are duly authorized In their respective capacities to execute the foregoing Instrument (or and In the name and behalf of said corporation, and further stated and acknowledged that they had so signed. executed and delivered said Instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I haye hereunto set my hand and oflklal seal on this _„___ day of �l �n t99_ Notary Public MY COMMISSION EXPIRES: 94027152 771 jjj-_r Clarice Pearman Edmonston, Connie 9.6.07 4:35 PM Ord. 5055 5055 Ozarks Electric easement-Sweetbriar Park.pdf CC: Audit; GIS Connie: Attached is a copy of the above ordinance passed by Council, August 23, 2007. I finally got this back from the mayor please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice Clarice Buffalohead-Peannan, C.A.M.C., C.M.C. City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 coea rma nO.ci.favetteville. ar. us NORTHWEST ARKANSAS EDITION Benton County Daily Record P.O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Kate MacNaughton, do solemnly swear that I am the Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of City of Fayetteville: Ordinance No. 5055 Was inserted in the Regular Editions on: September 2, 2007 Publication Charge: $142.43 Subscribed and sworn to before me ThisL day of j{- , 2007. - Notary Public' (;v �Mi yf•;, CATHY J. WILES Benton County '• ,� My Commission Expires My Commission Expires: �?-� ''' �' p ( ZO I February20, 2014 **N0TE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED SEP 052007 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE I 1 F 1 • 1 ,r4 V. : "- la. `f !:r - Sunday, September 2, 2007 ORDINANCE NO. SOBS AN ORDINANCE VACATING AN ELECTRICAL UTIL- ITY EASEMENT AND GRANTING A REPLACEMENT EASEMENT AT SWEETBRIAR PARK. i- WHEREAS. -the City Council has. the authority — �• J — ARKANSAS 4 under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which.are not required for corpo- rate purposes; and "`- HEREAS, the City Council has determined that the following described po Wportion of the platted util- ity 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 I _______„ ,� the following described,electrlcalutility easement - - -' NN llgjal-.4u`�ai . car here - - D v.." See Exhibit B attached hereto and made a part hereof. Blz.- Section 2: That the City Council of the City of Fayetteville, Arkansas hereby accepts as a replace- ment easement the following described electrical utility easement ` our •• See Exhibitattached 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 "Ashall be filed in the office of the Recorder of the County and record- ad In the Deed Records of the County PASSED and APPROVED this 23rd day of August, 2007.. t. F . APPROVED:! . ATTEST: By wr By: DAN COODY, Mayer , SONDRA E: SMITH, City ClenkiDeasu or yet y - Exhif Ale a map and may be viewed in the office of the city clerkttreasurer during normal business hour E' ;,:,.: „ - EXHIBIT'S" a; . - SWEE 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. st corner of the Southeast Quarter (SE 114) of the Southeast Quarter (SE 114) of ;hip 17 North, Range 30 West, run thence North 150.00 feet; thence South 8B :s 32 seconds West 30.001eet, thence South 03 degrees 44 minutes 10 seconds (hence South 06 degrees 42 minutes 08 seconds Easl 124.40 feet to the point of Thence mn'South 47 degrees 59 minutes 12 seconds W 142.06 fl; thence South 33 degrees 29 min- utes 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 laid Northeast corner containing 4376.40 square Feel, more or less, situated in Washington County, Arkansas.['_ _ - EXHIBIT'C" SWEETBRIARPARK -- ELECTRICAL EASEMENT DEDICATION Pitman (15) feet 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 I ohlhe Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 114) of 'Section 25. Township 17 North, Range 30 West, run thence North 150.00 feet; thence South 88 degrees 07 minutes 32 sec- onds 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: a+s - Rhgnce run South 04 degrees 03 minutes 07 seconds East 211.27 feet to'a point, which is South 0 $eg`rees 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. . RECEIVED SEP 0 5 2007 CITY OF FAYETTEVILLE CITY CLERKS OFFICE ELECTRICAL DISTRIBUTION LINE EASEMENT Page 2 of 2 WITNESS the execution hereof on this the day of _____ _, , 2007. CITY OF FAYETTEVILLE, ARKANSAS • • FAYVETTEVILLE• ATTEST: Sondra Smith, City Clerk ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Dan Coody and Sondra Smith, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk, respectively, of the City of Fayetteville, Arkansas, a Municipal Corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this S day of 2007. MY COMMISSION EXPIRES: 9 6 D 0 � %911rHrrr �dtublic . l�M"'•'d a�fr'ZiIYIC�l (� ``�A�� 0HEAD.A�,,� Notary Public .V •'Sg\ON # pTARY t y•- •cc Sweetbriar Park v O O O u W O. m S 3 \ 4 HARON ST Legend Exhibit A Proposed Easement 0 15 30 60 Easement to be Abandoned • Feet Existing Easement Map Dooumenb(G1GlSWork2\Grego y_MittlielflMNStNew Utility Easement for Sweelbnar Pat.mxd) 8202007 - 1126:25 AM Legend N Exhibit A Proposed Easement 0 15 30 60 Easement to be Abandoned i Feet Exlstirg Easement 15 w0 ^W+( _Y" Sv' 'UtYiry Eaeenamta•Swee2nor vanimxa) 36:25 All