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Home My WebLink About105-99 RESOLUTIONRESOLUTION NO 105-99 A RESOLUTION AUTHORIZING THE CONVEYANCE OF A PERMANENT WATER LINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT, (0.455 ACRES), TO MT. OLIVE WATER ASSOCIATION FOR THE CONSTRUCTION AND OPERATION OF A WATER LINE ALONG THE EAST BOUNDARY OF LAKE WILSON. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 That the City Council hereby authorizes the conveyance of a permanent water line easement and a temporary construction easement, (0.455 acres), to Mt. Olive Water Association for the construction and operation of a water line along the east boundary of Lake Wilson. A copy of the water line easement is attached hereto as Exhibit "A"and is made a part hereof. PASSED AND APPROVED thisit day of August , 1999. ATTEST: Leather Woodruff, City Clerk SO 7 C . 1..,„ • Y - Ilell".?; 4 IV 4 , T Q i,: iii 4c APPROVED: By. Frdd Hanna, Mayor • • STAFF REVIEW FORM X AGENDA REQUEST RECEIVED CONTRACT REVIEW GRANT REVIEW JUL 27 1999 For the Fayetteville City Council meetingRµ �tu1:999 cc FROM: Pl Connell Name OFy rasion Public Works bepartment ACTION REQUIRED: Approval of a resolution authonzmg the City to grant a water line permanent and temporary construction easement (0.455 acre) to Mt. Olive Water Association for the construction and operation of a water line along the East boundary of Lake Wilson Park (321 acres) in the SE 1/4 of Section 2, Township 15 North, Range 30 West. COST TO CITY: None Cost of this Request Legory/Project Budget Category/Project Name NA S Funds Used To Date Program Name Account Number pre rt nm BUDGET REVIEW: g iL11AnMP Budgeted Item Budget Adjustment Attached n gM natnr CONTRACT/GRANT/LEASE REVIEW: Accounting ana�/ City bttoriy -PUIco i'urchasing Officer ef AmtntetrativP nrvtrnc rerertnr GRANTING AGENCY: 7a34q bate internal Auditor Date ate ADA Coordinator Date 1-a 3-99 bate STAFF RECOMMENDATION: Staff recommends granting of permanent and temporary easements. The City water system does not service this area. r Yon H�1 it1+. W 1 I/1 u1 L—_ i 1 11 Y' : 1 ay r ve rvlces Director 1d J:0lj 99 Date -zG-4'9 bate VA %) At 7721 Date Cross Reference New Item: Yes _ No _ Prev Ord/Res #: Orig Contract Date: FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE DATE: July 22, 1999 TO: Fayetteville City Council Fred Hanna, Mayor THRU: Charles Venable, Public Works Director Jim Beavers, City Engineer$ FROM: Ed Connell, Land Agent,/ RE: Mt. Olive Water Association Water Line Easement Lake Wilson Park Property The City of Fayetteville has been requested by Mrs. Gloria Pianalto to convey a 20 ft. wide water line easement to Mt. Olive Water Association which would allow Mt. Olive to supply water to them on property they recently purchased that is north of and adjacent toAWilson Perk land. LAKE This easement would be in the Southeast Quarter (SEA) of the Southeast Quarter (SEA) of Section 2, Township 15 North, Range 30 West or on the far east boundary of Wilson Park. The area is totally wooded except for a 30 ft. Ozarks Electric easement, the East line of which lies 9 feet West of the east property boundary line. The included diagrams illustrate the existing Ozarks easement and the proposed Mt. Olive water easement areas. It is proposed that the 20 ft. wide water line easement begin at the NE corner of the SEY.-SEY. 2-15-30 and run South along the east property line a distance of 990 feet, more or less, to the point that Mt. Olive Water Association wants to bring in their water line from the East. This permanent easement would have an area of 19,800 square feet or 0.45 acres. The water line easement will overlap the Ozarks easement by about 11 feet on the East side. It is noted that the City of Fayetteville water system does not service this area (which is in the county). City staff does not propose to charge for this easement. Please find attached a proposed easement for this purpose. Your passage of a resolution authorizing the City to enter into this easement is recommended. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Ed Connell, Engineering From: Heather Woodruff, City Clerk Date: August 23, 1999 Attached is a copy of the resolution authorizing the conveyance of water easemetn to the Mt. Olive Water Association. The original will be microfilmed and filed with the City Clerk. Cc. Tony Webb, Planning Clyde Randall, Engineering John Gaddard, Data Processing Di't4'42'11/4'417 c nn".129, LaJ kor c\-;$ bul;or Project: Gloria Pianalto WIL Parcel No. 001-06642-000 Lake Wilson Property WATER LINE EASEMENT BE IT KNOWN BY THESE PRESENTS: EXHIBIT A THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar (S1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the Mt. Olive Water Association, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement and a temporary construction easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water pipe line or lines and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: The South -half (SA) of the Southeast Quarter (SE A) of Section Two (2) in Township Fifteen (15) North, Range Thirty (30) West of the 5th Principal Meridian, containing eighty (80) acres, more or less. PERMANENT EASEMENT DESCRIPTION: A 20 foot wide permanent water line easement, being parallel with and adjacent to the East line of said Section 2, being more particularly described as follows, to - wit: Beginning at the Northeast corner of the Southeast Quarter (SE A) of the Southeast Quarter (SEA) and running South 990 feet to the end of said easement, containing 0.455 acre, more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A 10 foot wide temporary construction easement, being West of, parallel with and contiguous to the permanent water line easement described hereinabove, containing 0.228 acre, more or less, 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. This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove referenced project has been completed by the Grantee or his contractor, but in no event shall such termination date extend beyond one year from the date of this easement. It is expressly understood that the above temporary construction easement shall exclude any permanent structure presently located within said temporary construction easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. 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 pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and to pay any damages which may arise to growing crops or fences from the construction, maintenance and operation as determined by three disinterested persons. One thereof to be appointed by the 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 shall be final and conclusive. • Water Line Easement Page 2 of 2 • The Grantor agrees not to erect any buildings or structures in said permanent easement other than fences and said fences shall not exceed six (6) feet in height. The Grantee shall have the right to construct additional pipe 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 party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. 1999. WITNESS the execution hereof on this the 11+4, day of A1Ari- CITY OF FAYETTEVILLE, ARKANSAS a municipal corporation BY: /'moi //`!ate Fred Hanna, Mayor (Seal) 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 Fred Hanna and Heather Woodruff, 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 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 municipal 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 1141. day of ker k , 1999. °` LJ,r 1 PURL G -41 NOTARY N EXPIFI=' ' MY COMMISSION E FAt IR COMMS 7.-I, �o y ti JUGLY: ' kx i N Notary Public N 1"=800ft. 1321.98 S90°0E' Section 2 ul O p( o ca SE1/4 - Section 2 2653.20 Parcel No. 001-06642-000 No. CP62-838/839 S90°0E Name: Lake Wilson Park Location: Lake wilson Rd. Use: Park (Old Landfill Site) Acres. 321 See Enlargement for Easement Layout SE -SE -Section 2 Acquired: 1930 to 1940 Deed Type: Warranty & Quitclaim Parcel No. 001-06842-000 N90°0 Section 11 2647.54 N90°OW s 1324.95 Title: Lake Wilson Pk.: Mt. Olive Water Assoc. Water Easement Date: 07-22-1999 Scale: 1 inch = 800 feet File: LK-WILSN.DES Tract I: 321.005 Acres: 1299061.2 Sq Meters: No significant closure error. : Perimeter = 18508 feet Tract 2: 0.000 Acres: 0 Sq Feet 0 0 Sq Meters: Closure = n71.3707e 4185.97 feet: Precision =1/ 1: Perimeter = 5292 feet Tract 3: 0.909 Acres: 39600 Sq Feet: 3679.0 Sq Meters: No significant closure error.: Perimeter = 2700 feet Tract 4: 0.455 Acres: 19800 Sq Feet: 1839.5 Sq Meters: No significant closure error.: Perimeter = 2020 feet 001=S0.0E 1319.99 002=S90.0E 2653.20 003=S0.0E 3959.95 004=N90.0W 1324.95 005=N0.OW 1319.96 0064190.0W 2647.54 007=n00.0220w 3959.98 008=S90.0E 1i21.98 009==@3 010=S0.0E 1320 011=N90.0W 3972.40 012=@3 Ozarks 30 ft. Esmt. 013=/N90.0W 24 014-s90.0000w 15.00 015=s00.0000e 1320.00 016=n90.0000e30.00 017=n00.0000w 1320.00 018=s90.0000w 15.00 019=@3 Mt. Olive Water Esmt. 020=s90.0000w 20.00 021=s00.0000e 990.00 022=n90.0000e 20.00 023=nOO.0000w 990.00 • IL 1320 SE -SE -2-15-30 N90°O W 1320 Ozarks Electric 30 ft. Easement Title: Mt. Olive Water Assoc. Esmt; Lake Wilson Property, Atlas 839 Date: 07-22-1999 Scale: 1 inch = 200 feet File: LK-WILES.DES Tract 1: 0.000 Acres: Tract 2: 0.000 Acres: Tract 3: 0.909 Acres: Tract 4: 0.455 Acres: 001=590.0E 1320 002=S0.0E 1320 003=@2 004=••S0.0E 1320 005=N90.0W 1320 006=@2 0 Sq Feet: 0.0 Sq Meters: Closure = n45.0000w 1866.76 feet. Precision =1/ 1: Perimeter = 2640 feet 0 Sq Feet 0 0 Sq Meters: Closure = n45.0000e 1866.76 feet: Precision =1/ I: Perimeter = 2640 feet 39600 Sq Feet: 3679.0 Sq Meters: No significant closure error.: Perimeter = 2700 feet 19800 Sq Feet: 1839.5 Sq Meters. No significant closure error.: Perimeter = 2020 feet 007=/N90.0W 24 008=s90.0000w 15.00 009=s00.0000e 1320.00 010=n90.0000e30.00 011 n00.0000w 1320.00 012=s90.0000w 15.00 013=@2 014=s90.0000w 20.00 015=s00.0000e 990.00 016=n90.0000e 20.00 017=N0.OW 990