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HomeMy WebLinkAbout62-00 RESOLUTION• RESOLUTION NO. 62-00 MICROFILMED A RESOLUTION ACCEPTING $1,272 FOR A 30 FOOT EASEMENT CONTAINING APPROXIMATELY 2,400 SQUARE FEET, LOCATED ON HWY 265, PART OF LOT 7 IN BLOCK 3 OF THE EASTWOOD SUBDIVISION (FAYETTEVILLE FIRE STATION NO. 5); AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID EASEMENT, TO ARKANSAS WESTERN GAS CO., ACROSS PROPERTY DESIGNATED AS TRACT NO. 44, FOR 16 -INCH HIGH PRESSURE GAS LINES. BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS• Section 1. That the City Council hereby accepts $1,272 for a 30 ft. easement containing approximately 2,4000 sq. ft., located on Highway 265, part of Lot 7 in Block 3 of the Eastwood Subdivision (Fayetteville Fire Station No. 5), and authorizes the Mayor and City Clerk to execute said easement to Arkansas Western Gas Co. A copy of the easement and legal description is attached hereto marked Exhibit "A" and made a part hereof. e1 •. -rr AND APPROVED this 16th day of May , 2000. APPROV By: /f y�/f Irfa v+v ATTEST: By: Iit ,� ��!-Y..(71, Heather Woodruff, City Cler NAME OF FILE: • CROSS REFERENCE: Date Contents of File Initials EXii/ZAZT l if OATIGPRG 695 JZitJE ZASE/` &4) AAM .LE4AIo bEscirPzw,j 4-/2-00 LETreAe SROM /1!I9NC/kOh2C4)Fzefl && ,bees Co. 4-0-0 cAA&Fsi✓AEh6 Y1)47220 in &apeA/AALOA rlAtt AY10 i27 HD C/..` 227494, .I wvi 49EAJT 5c14 -at) 5' -TA A-6 AE1/2Eud AO,eY--i 614,1 -nn Xi ,e)vJD Ae4772 ez -,/ e -or< WATER/SEWER EASEMENT . Page 2 of 2 STATE OF ARKANSAS COUNTY OF WASHINGTON • • ACKNOWLEDGMENT ss. 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 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 14-n4 day of lid.' 2000. MY COMMISSION EXPIRES: 0 t- lt'-xo7 �M-••'"Ir-- Notary Public 20000441526 1 • •• • • EXHIBIT • JOB NO. P-90038-1 TRACK NO. 44 1 Lot Numbered Seven (7) in Block Numbered Three (3) of Eastwood Subdivision to the City of Fayetteville, Arkansas, as per plat of said Subdivision on file In the office of the Circuit Clerk and Ea -officio Recorder of Washington County, Arkansas. EXHIBIT "B" LOCATION OF THIRTY FOOT EASEMENT: 2000041 52 ,j Pr • • UTILITY EASEMENT MAI. EASEMENT TRACT NO. 44 C1TY OF FAYE7TEYILLR SIZE OF EASEMENT' PERMANENT UTILITY EASEMENT 2,829 SQ.FI: (0.05 ACRES) 7TA(POR4RY CONSTRUCTION EASEMENT' 1,885 SQ.17: (0.04 ACRES) JEAN RANDLE LOT 6 Scale: 1" =40' N8811'39" E 18.80' / I // / / / / / / // /,// / / y� /l / / / / / / I g / =/ J' % 4g / / / / / / LLJT6 200004 Jcb No. P-90038-1 No. 5 Fire Station Parcel No. 765-05033-000 Trap No. 44 NATURAL GAS LINE EASEMENT BE IT KNOWN BY THESE PRESENTS: • THAT the City of Fayetteville, Arkansas, a municipal corporation, 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 hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the Arkansas Westem Gas Company, a Corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a natural gas 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: See Exhibit A' attached PERMANENT EASEMENT DESCRIPTION: A thirty (30) foot permanent easement beginning in the Southeast comer; thence running North appmpmately 190 feet, more or less and ending in the Northeast corner, all being parallel with and adjacent to the new and improved right of way of Highway 265. See map attached as Edlibit'6' 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. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes 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's 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 that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water, 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 saki Grantee; and the third by the two so appointed as aforesaid, and the written award of such three persons shall be final and conclusive. The Grantor agrees not to erect any buudings or structures in said permanent easement other than fences and said fences shall not exceed sfr (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 fust 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. Itis 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. WITNESS the execution hereof on this the day of ATTEST: CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation Heather Woodruff, City Clerk BY: 2000. Fred Hanna, Mayor WATER/SEWER EASEMENT Page 2of2 STATE OF ARKANSAS COUNTY OF WASHINGTON 1 1 1 ACKNOWLEDGMENT ss. • BE IT REMEMBERED, that ort 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 authored in their respective capacities to execute the foregoing instrument for and in the name 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 day of 2000. Notary Public MY COMMISSION EXPIRES: 1 EXHIBIT "A" JOB NO. P-900 3 TRACK NO. 44 1 Lot N'.nbered Seven (7) to Block Numbered Three (3) of Eastwood Subdivision to the City of Fayetteville, Arkansas, as per plat of meld Subdivision on file In the office of the Clreult Clark and t .nfficlo Recorder of Washington County, Arkansas. EXHIBIT "B" LOCATION OF THIRTY FOOT EASEMENT: UTILITY EMENT MIP EASEMENT TRACT NO. 44 CITY OF FAYLVTEVILLE SIZE 01' EASEMENT PERMANENT UTILITY EASEMENT 2,028 SQ.ET. (0.06 ACRES) TEMPORARY CONSTRUCTION EASEMENT 1,885 SQ.FT (0.04 ACRES) JEAN RANDLE LOT 6 LOT 6 Scale: 1'1=40' N6511'SYE 16.60' CITY OF FAYE7TEVILLE / /6 FIELD SERVICES COMPANY 1610 N. Foxhunter Fayetteville, AR 72701 (501) 442-8387 April 12, 2000 City Of Fayetteville P 0 Drawer F Fayetteville, Ar Re: City of Fayetteville properties on Hwy 265, Fayetteville, Ar. Request for right of way by Arkansas Western Gas To Whom It May Concern: Please find attached two right of way grants for Arkansas Western Gas Co. Also attached are the exhibits showing legal descriptions and State Highway map with exact locations of easements noted. Track 44 is a request for approximately 5,700 square feet. A thirty foot easement running the width of the lot approximately 190'. A consideration fee of $1;272:00 shall be paid by draft. Track 3-X is a request for approximately2,400 square feet. A thirty foot easement runn- ing approximately 80' from the Southeast corner and ending. A consideration fee of $1;865.00 shall be paid by draft. The price difference is due to the appraised value of the State Highway Department on each individual property. This price is reflected in our reimbursement of this relocation project. Please feel free to call me at the above phone number if you should have any questions regarding this issue. Thank you for your time and consideration on this matter; „C.,Pdo,g,„ ancy K. Roller • FAYETTEVI LLE THE CITY OF FAYETTEVIUE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • TO: Fred Hanna, Mayor THRU: Charles Venable, Public Works Director Jim Beavers, City Engineer/i FROM: Holly Jones, Land Agent ji DATE: April 17, 2000 ✓✓ SUBJECT: Arkansas Western Gas Co. Easement Requests Please find attached two Right of Way Grants and a letter from Nancy Roller, Agent for Arkansas Western Gas Co. requesting easement for 16 inch high pressure gas lines. One right of way, which is designated as Tract #44, is a request for a 30 foot easement containing approximately 2400 square feet. This tract is located on Highway 265 and is the physical location of Fayetteville Fire Station No. 5. The property is described as: Part of Lot 7 in Block 3 of Eastwood Subdivision to the City of Fayetteville, Arkansas. We have previously obtained a 15 foot permanent Water/Sewer Easement and a 10 foot Temporary Construction Easement on this property in conjunction with the widening of Highway 265 and the relocation of water/sewer lines in this area. The plat attached depicts the location of our easements in relation to the new Highway Right of Way and also the location of the 30 foot easement requested by the gas company which overlaps our easement areas. The gas company has offered to compensate the City of Fayetteville for this easement in the amount of $1,272.00 which is a rate of $0.22 Per square foot and which is 35% of the Arkansas State Highway and Transportation Department appraised value, determined in October, 1998. The second right of way, which is designated as Tract #3X, is a request for a 30 foot easement containing approximately 5700 square feet. This property is a lot we purchased due to the widening of Highway 265 from Mr. Harry F. Locke, Jr. at 897 N. Crossover Road on January 14, 1999 and is described as: Part of Lot 5 in Block 3 of Eastwood Subdivision to the City of Fayetteville, Arkansas. The easement is being requested only on the South 80 feet of this lot. We have previously obtained a 2643 square foot permanent Water/Sewer Easement and a 10 foot Temporary Construction Easement on this lot in conjunction with the widening of Highway 265 and the relocation of water/sewer lines in the area. The plat attached depicts the location of our easements in relation to the new Highway Right of way and also the location of the 30 foot easement requested by the gas company which overlaps our easement areas. The gas company has offered to compensate the City of Fayetteville for this easement in the amount of $1,865.00 which is a rate of $ 0.33 Per square foot and which is 35% of the Arkansas State Highway and Transportation Department appraised value determined in July, 1998. X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW • • STAFF REVIEW FORM lc, For the Fayetteville City Council meeting of May‘14 2000 FROM: Charles Venable Name Engineering Pubhc Works Division Department ACTION REQUIRED: Approval of Resolution to authorize Mayor to sign a 30 foot easement across property designated as Tract #44 containing approximately 2400 square feet for 16 inch high pressure gas lines for the Arkansas Western Gas Co. This tract is located on Hwy. 265, which is the physical location of Fayetteville Fire Station No. 5, and described as: Part of Lot 7 in Block 3 of Eastwood Subdivision to the City of Fayetteville, Arkansas. The gas company has offered to compensate the City of Fayetteville for this easement in the amount of $1,272.00, which is 35% of the Arkansas State Highway and Transportation Department appraised value, determined m October, 1998. COST TO CITY: $1272.00 (revenue) $29,000_000 Miscellaneous Revenue Cost of this Request Category/Project Budget Category/Project Name • 1010-0001-4999.00 Account Number F22 110.0 unds UssedTo Date Program Name $6,890.00 C/1r2)- Project Number Remaining Balance Fund BUDGET REVIEW• ___ Budgeted Item I(u et Coor inator Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: Acc o ey Purchasing Officer Dae 4,a5 -o0 Date GRAN ENCY: /it sfel . s/ L1t' a Auditor Va6-oe) Date ADA Coordinator Date STAFF RECOMMENDATION: Approval of the Resolution. e2o/o Date Dat 47412 Date Cross Reference New Item: Yes _ No Prev Ord/Res #: Orig Contract Date: S%AF' O Rf F • Description_ Meeting Date Comments: • STAFF REVIEW FORM Page 2 Budget Coordinator Reference Comments: Accounting Manager Reference Comments: City Attorney Reference Comments: Purchasing Officer Reference Comments: ADA Coordinator Reference Comments: Internal Auditor Reference Comments: • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Charles Venable, Public Works Director From: Heather Woodruff, City Clerk Date: May 22, 2000 Attached is a copy of the resolution regarding Tract No. 44 for your records. The original will be microfilmed and filed with the City Clerk. cc: Ed Connell, Engineering Clyde Randall, Engineering Job No. P-90038-1 Na 5 Fire Station Parcel No. 765-05033-000 Tract No. 44 • • FILED FOR RECORD '00 7111Y 2'1 RN 9 31f NATURAL GAS LINE EASEMEW€HUNGTON CO AR I`. HARNESS BE IT KNOWN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, a municipal corporation, 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 hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the Arkansas Westem Gas Company, a Corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a natural gas 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: See Exhibit "A attached PERMANENT EASEMENT DESCRIPTION: A thirty (30) foot permanent easement beginning in the Southeast corner; thence running North approximately 190 feet, more or less and ending in the Northeast comer, all being parallel with and adjacent to the new and improved right of way of Highway 265. See map attached as Exhibit "B° 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. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes 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 that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water, 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. 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. WITNESS the execution hereof on this the /9774 day of u1 At,' 12000. CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation ATTEST: Heather Woodruff, City BY: Frew Mayor e 20000;'1 595 EA5En L8&A4 • • RESOLUTION NO. 62-00 A RESOLUTION ACCEPTING $1,272 FOR A 30 FOOT EASEMENT CONTAINING APPROXIMATELY 2,400 SQUARE FEET; LOCATED:ON HWY 265, PART OF LOT 7 IN BLOCK 3 OF THE EASTWOOD SUBDIVISION (FAYETTEVILLE FIRE STATION NO. 5); AND AUTHORIZING THE MAYOR AND CITY CLERK . TO EXECUTE SAID EASEMENT, TO ARKANSAS WESTERN GAS CO., ACROSS PROPERTY DESIGNATED AS TRACT NO. 44, FOR 16 -INCH HIGH PRESSURE GAS LINES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby accepts $1,272 for a 30 R. easement containing approximately 2,4000 sq. ft., located on Highway 265, part of Lot 7 in Block 3 of the Eastwood Subdivision (Fayetteville Fire Station No. 5); and authorizes the Mayor and City Clerk to execute said easement to Arkansas Western Gas Co. A copy of the easement and legal description is attached hereto marked Exhibit "A" and made a part hereof. ;.1� •, • j As WAND APPROVED this16" day of May , 2000. l f � ' • ` APPROV \ J '% o By: ' Fred Hanna, Mayor ATTEST:� �,,�{�L By: 6�!'7,' a st,, /4 Heather Woodruff, City Cler • • •