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HomeMy WebLinkAbout36-76 RESOLUTIONg • RESOLUTION NO. J 0-740 A RESOLUTION AUTHORIZING EXECUTE A CONTRACT WITH JERRY OF SCHEDULE I 71 SOUTH SEWER PROJECT. THE MAYOR AND CITY CLERK TO D. SWEETSER FOR CONSTRUCTION OF THE 22nd STREET AND HIGHWAY BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute a contract with Jerry D. Sweetser for the construction of Schedule I of the 22nd Street and Highway 71 South Sewer Project granted under the Community Development Block Grant Program. A copy of said contract, marked Exhibit "A", is attached hereto and made a part hereof. Section 2. The authorization granted hereby shall not be effective until approval of contract procedures and budget adjustments by the Department of Housing and Urban Development. PASSED AND APPROVED THIS LiLQ DAY OF U1. ait. a* , 1976 ATTEST: APPROVED: MAYOR CITY CLERK C • • • • • Page 2 - Agreement for Joint Use of Easements rage 7.04 WHEREAS, the use by the City of its permanent easements for construction, maintenance, and operation of its water pipe line or lines and appurtenances thereto as presently located does not interfere with the present use of the real estate in- cluded within the boundaries of the permanent easements and/or rights of way here- tofore acquired by the Company; and WHEREAS, the Company does not desire to contest the eminent domain pro- ceedings instituted by the City in which proceedings the Company is named as a party defendant. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained the parties hereto mutually agree as follows, to -wit: 1. The Company does hereby grant permission to the City to enter upon, cross, and encroach upon the permanent easements and/or rights of way heretofore obtained by the Company on. over, across. and under the above described real estate owned by the above named persons, their heirs, personal representatives, and/or assigns. The City does hereby grant permission to the Company to enter upon. cross over, and approach upon the easements and/or rights of way obtained by the City on, over, across and under the above described real estate. 2. That in the event of future work in the construction, reconstruction, ex- pansion, rehabilitation, maintenance, or other work on facilities owned and operated by either the City or the Company jointly used and/or occupied under this agreement, where such work will disturb, detrimentally effect, interfere, or be inconvenient to the facilities or responsibilities of either. the City or the Company, that the City and the Company will enter into an agreement in writing before such work is undertaken. outlining the work to be done in agreement between the parties as to the use of the jointly occupied easements and the rights and duties of each party in connection with the work to be undertaken. In the event of an emergency, however, it being evident that immediate action is necessary for the protection of the public and in order to minimize property damage and loss of investment, either the City or the Company may at its own responsibility and risk make necessary emergency repairs, notifying the other party hereto of such action as soon thereafter as may be practicable. 3. That if by reason of future construction, reconstruction, expansion, re- location, rehabilitation, maintenance, or other work required by the City, any adjustments of the Company's existing utility facilities and appurtenances thereto are required within the area jointly occupied and/or used by the Company and the City, the City will reimburse the Company for the actual costs incurred by the Company in the relocation or adjustment of such utility facilities and appurtenances thereto as are presently located within the boundaries of the permanent easements heretofore acquired by the Company, on, over, under, and across the above described real estate. 4. This agreement shall bind the Company, and the City, their successors, lessees, or assigns, for as long as the above described real estate is encumbered by easements and/or rights of way jointly used and occupied for City and Company purposes, and in the event of abandonment of the above described real estate for utility purposes by the Company, the Company agrees to execute, acknowledge, and deliver to the City a quitclaim deed thereby conveying to the City all of the Company's right, title, and interest in and to the above described real estate which is the subject matter of this agreement. 5. By reason of the execution of this agreement the Company does not waive any of the legal rights which the Company may have acquired under the easements and/ or rights-of-way heretofore acquired by the Company on, over, under, and across the above described real estate. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be • • 3G-76 page 7.03 AGREEMENT FOR JOINT USE OF EASEMENTS THIS AGREEMENT made and entered into on this day of 1976, by and between the City of Fayetteville, Arkansas, a municipal corporation, here- inafter called the "City", and the Arkansas Western Gas Company, an Arkansas cor- poration, hereinafter called the "Company", WITNESSETH: WHEREAS, on February 15, 1973, the City of Fayetteville, Arkansas, filed eminent domain proceedings (Case No. 8881) in the Circuit Court of Washington County, Arkansas, to acquire temporary and permanent easements or rights of way on, over, under and across real estate located within the corporate limits of the City of Fayette- ville, Arkansas, for the construction, maintenance, and operation of water and sewer lines, mains, and appurtenances thereto; and WHEREAS, the temporary easements acquired by the City for original con- struction purposes are fifty (50) feet in width and the permanent easements are twenty- five (25) feet in width on, over, under, and across the real estate hereinafter described and owned as follows: • Name of Owner. Robert L. Perkins and Barbara Lou Perkins, husband and wife All that part of the South Half (S 1/2) of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section Nineteen (19), Township Seventeen (17) North, Range Twenty -Nine (29) West, lying South and East of the center line of the Zion Road as now located, containing fifteen (15) acres, more or less. Name of Owner: J. O. Parker and Marie Parker, husband and wife The Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4); also a strip of land for a roadway 30 feet wide off the South side of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4); also the North Half (N 1/2) of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4); also a strip of land 570 feet wide off the West side of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4), containing seventeen and one-quarter (17-1/4) acres, in said 570 foot strip all in Section Nineteen (19), in Township Seventeen (17) North of Range Twenty-nine (29) West Name of Owner: Ruby Griffith The Northeast Quarter of the Southeast Quarter of the Northeast Quarter of Section 19, Township 17 North, Range 29 West, containing 10 acres, more or less, according to the Government Survey of said Section. Name of Owner: Arthur H. Clark and Betty Clark, husband and wife The Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section 19, in Township 17 North of Range 29 West, save and except the Northeast Quarter of said forty acre tract, the amount of land hereby conveyed being 30 acres, more or less. Name of Owner: Robert E. Burge and Laverna Marlele Burge, husband and wife The Northwest Quarter of the Southeast Quarter and the Southwest Quarter of the Northeast Quarter, except five hundred seventy (570) feet of equal and uniform width off the West side of the last mentioned forty acre tract in Section Nineteen (19) in Township Seventeen (17) North, Range Twenty-nine (29) West, containing 62.75 acres, more or less; and • WHEREAS, the Company has heretofore obtained and is in possession of certain permanent easements and/or rights of way for construction, maintenance, and operation of gas pipe line or lines, and appurtenances thereto, on, over, across, and under the same real estate included within the boundaries of the above mentioned permanent ease- ments acquired by the City; and • 1 • t • • • • • • • • Page 3 - Agreement for Joint Use of Easements page 7.05 executed by their respective duly authorizedrepresentatives the day and year first above written. ARKANSAS WESTERN GAS COMPANY("COMPANY") ATTEST: BY CITY OF FAYETTEVILLE, ARKANSAS ("CITY") A Municipal Corporation ATTEST: BY CITY CLERK ACKNOWLEDGMENT STATE OF ARKANSAS ) ss. COUNTY OF WASHINGTON ) MAYOR Co this day of , 1976, before the undersigned, a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named - and to me personally known, who stated that they were the and , of the'Arkansas Western Gas Company, a corporation, and were duly authorized in their respective capacities to execute the foregoing instrument for and 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 have hereunto set my hand and official seal this day of , 1976. My commission expires: STATE OF ARKANSAS as. COUNTY OF WASHINGTON ) ACKNOWLEDGMENT NOTARY PUBLIC • Qt this day of , 1976. before the undersigned, a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named and , to me personally known, who stated that they were the Mayor and City Clerk of the City of Fayetteville, Arkansas. a municipal corporation, and were duly authorized in their respective capacities to execute the fore- going instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument. L • • • • .page.7. 06 Page 4 - Agreement for Joint Use of Easements for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 1976. • My commission expires: NOTARY PUBLIC a4 DATE DUE TO HUD REGULATIONS, THE 22nd STREET SEWER PROJECT WAS REBID. DUE TO THE REBIDDING, THE CONTRACT WAS NOT ENTERED INTO W/SWEETSER. DARLENE WESTBROOK CITY CLERK