HomeMy WebLinkAbout63-00 RESOLUTIONRESOLUTION NO. 63-00
t 3 -no
•
MICROFILMED
A RESOLUTION ACCEPTING $1,865 FOR A 30 FOOT
EASEMENT CONTAINING APPROXIMATELY 5,700 SQUARE
FEET, LOCATED AT 897 NORTH CROSSOVER ROAD, PART
OF LOT 5 IN BLOCK 3 OF THE EASTWOOD SUBDIVISION;
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE SAID EASEMENT, TO ARKANSAS WESTERN GAS
CO., ACROSS PROPERTY DESIGNATED AS TRACT NO. 3X,
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 $1,865 for a 30 foot easement
containing approximately 5,700 square feet, located at 897 North Crossover Road, part of Lot 5 in
Block 3 of the Eastwood Subdivision; and authorizes the Mayor and City Clerk to execute said
easement to Arkansas Westem Gas Co for a 16 -inch high pressure gas lines. A copy of the
easement and legal description is attached hereto marked Exhibit "A" and made a part hereof.
t'.'4/rt
`, PA,SgE ! BAND APPROVED this 16`" day of May , 2000.
ti • • •
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f 0 't• APPROVED:
By:
Fred Hanna, Mayor
ON' CV
ATTEST: /J
By: / O�+/
Heather
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NAME OF FILE:
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CROSS REFERENCE:
Date
Contents of File Initials
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Job No. P-90038-1
Locke Properly
• Parcel No. 765-05031-000
Tract No. 3-X
•
FILED FO XHIBIT A
ECORO
Poo Ir'/I1 2,1 fin
9 3y ',
NATURAL GAS LINE EASEMENY4SHINCTQN1�1C0 AR -Amu-
EsA
tiP 'S
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 Western 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 80 feet, more or less and ending, 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 l9 tri day of /Wily• 2000.
ATTEST:
teatherWoodruff, City Clerk
CITY OF FAYETTEVILLE, ARKANSAS,
a municipal corporation
BY:
Fred Hanna, Mayor
2011)0041t2
r I .
WATER/SEWER EASEMENT
, Page 2of2
STATE OF ARKANSAS
COUNTY OF WASHINGTON
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ACKNOWLEDGMENT
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 /til/ day of
MY COMMISSION EXPIRES:
0T—/k-aooi
, 2000.
Notary Public
20000;'!
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EXHIBIT "A"
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JOB NO. p-90038-1
TRACK NO. 3-X
Lot Five (5) of Block Three (3) of Eastwood Subdivision to the City of Fayetteville, Washington County,
Arkansas, LESS AND EXCEPT that portion of said Lot 5 conveyed to the Arkansas State Highway
Commission and filed of record in Book 98-100830 with the Circuit Clerk and Ex -Officio Recorder of
Washington County, being more particularly described as follows: Commencing at the Sduthwest corner
of Lot 4, Block 3 of Eastwood Subdivision; thence North 85 11' 39" East along the South line of Lot
4 a distance of 11732 feet to a point on the Westerly proposed right of way line of Arkansas State
Highway 265 for the Point of Beginning; thence continue North 85' 11' 39' East along the South line
of Lot 4. Block 3 of Eastwood Subdivision a distance of 49.49 feet to a point on the Westerly existing
right of way line of Arkansas State Highway 265; thence South 16' 17' 10' West along said existing
right of way line a distance of 214.20 feet to a point on the South line of Lot 5, Block 3 of Eastwood
Subdivision; thence South 85° 11` 39° West along said South lot line a distance of 52.45 feet to a point
on the Westerly proposed right of way line of Arkansas State Highway 265; thence North 17° 01' 12°
East along said proposed West right of way line a distance of 215.28 feet to the Point of Beginning, said
Less and Except containing 10,186 square feet, more or less, and being subject to rights of way and
easements of record.
EXHIBIT "B"
LOCATION OF THIRTY FOOT EASEMENT:
2000041531
•
UTEJITY EASEMENT AIP
EASEMENT TR4C7' NO. 9X
CITY OF FAYSITEVELE
SIZE OF EASEMENT
PERlUA WT =TIT EASEMENT
2,695 519.17: (0.08 ACRES)
TEMPORARY CONS7RUC770N EASEMENT
2,170 SQ.I7: (0.05 ACRES)
Scale: .1" =40'
KATHERINE C »WITE
LOT 4
SW CORNER
LOT 4, BLOCK 3
EASTWK)OD SUBDIVISION
1185.11'3
N85.11'3VE
10.76'
106.56'
CITY OF FAiE TEVILLE
LOT 5
HOUSE
TO BE REMOVED
Recd Lutir-
MNI. Gas U&. ar j
s8St1'39N
LOT 6
JEAN R9NDLE
LOT5
LOT6
s95'lr39'rf
15.69' 1
1 1
11
1 b• 1
11
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1 1
/
/ /
/ / a
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/ /
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A<T 01434.4v)
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\II
PUMP STATON
2Or041
Job No. P-90038-1
Locke Prcpety
Parcel No. 76595031-000
Trap No. 34
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 Western 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 deserted 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 80 feet, more or less and ending, 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 Grantors 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 feasble, 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's 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:
CftY OF FAYE rEVILLE, ARKANSAS,
a municipal corporation
Heather Woodruff, City Clerk
BY:
2000.
Fred Hanna, Mayor
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 day of 2000.
MY COMMISSION EXPIRES:
Notary Public
JOB NO. P-90038-1
TRACK NO. 3-X
EXHIBIT "A"
Lot Five (5) of Block Three (3) of Eastwood Subdivision to the City of Fayetteville, Washington County,
Arkansas, LESS AND EXCEPT that portion of said Lot 5 conveyed to the Arkansas State Highway
Commission and filed of record In Book 98-100830 with the Circuit Clerk and Ex -Officio Recorder of
Washington County, being more particularly described as follows: Commencing at the Sduthwest corner
of Lot 4, Block 3 of Eastwood Subdivision; thence North 85 11' 39° East along the South line of Lot
4 a distance of 117.32 feet to a point on the Westerly proposed right of way line of Arkansas State
Highway 265 for the Point of Beginning; thence continue North 85' 11' 39° East along the South line
of Lot 4. Block 3 of Eastwood Subdivision a distance of 49.49 feet to a point on the Westerly existing
rlgM of way line of Arkansas State Highway 265; thence South 16' 17' 10' West along said existing
right of way line a distance of 214.20 feet to a point on the South line o1 Lot 5, Block 3 of Eastwood
Subdivision; thence South 85' 11' 396 West along said South lot line a distance of 52.45 feet to a point
on the Westerly proposed right of way line of Arkansas State Highway 265; thence North 17' 01' 12'
East along said proposed West right of way line a distance of 215.28 feet to the Point of Beginning, said
Less and Except containing 10,186 square feet, more or less, and being subject to rights of way and
easements of record.
EXHIBIT "B"
LOCATION OF THIRTY FOOT EASEMENT:
UTILITY EASEMENT
SEMENT MAP
•
SIZE OF EASEMENT
PERMANENT UTDJTY EASEMENT
2.638 S0.i7: (0.06 ACRMS)
TEMPORARY CONSTRUCI70N EASEMENT
2,170 Sari. (0.05 ACRS,
Scale: 1"=40'
XATNER/NE C. TYMITE
EASEMENT MONO SE
CITY OF FAYETTEYI1
1:743.7 I
/'/
LOT 4 / ,11
I I �/
I ISI
11 / F/
SW CORNER
LOT 4, BLOCK 3
EASTttOOD SUBDIVISION
N0S•1179•E
1036'
1103.1179'
106.36
CITY OF FAYETTE'VILLE
LOT 5
HOUSE
rp B£
REMOVED
Rul LLw=
PYA Gas east. xaurdary
503.1179•V
LOT 6
JEAN RANDLE
(45)
LOT5
L p7 6
503.1179^x1
3b9'
t/
v.i 0VEI4ur )
a
4
,
�9UMP STATION
•
• •
FIELD SERVICES COMPANY
April 12, 2000
City Of Fayetteville
P O Drawer F
Fayetteville, Ar
1610 N. Foxhunter
Fayetteville, AR 72701
(501) 442-8387
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;
ancy K. Roller
- CQ
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
TO: Fred Hanna, Mayor
THRU: Charles Venable, Public Works Director
Jim Beavers, City Engineer/
FROM: Holly Jones, Land Agent! I:
DATE: April 17, 2000 �Jl
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 en 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.
• •
STAFF REVIEW FORM
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
14,
For the Fayetteville City Council meeting of May'$, 2000
FROM:
pparks Venable
me
Engmeenng Public Works
Division Department
ACTION REQUIRED: Approval of Resolution to authorize Mayor to sign a 30 foot easement across property
designated as Tract #3X containing approximately 5700 square feet for 16 inch high pressure gas lines for the
Arkansas Western Gas Co. This property is a lot we purchased due to the widening of Hwy. 265 for 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 gas company has offered to compensate the City of
Fayetteville for this easement in the amount of $1,865.00, which is 35% of the Arkansas State Highway and
Transportation Department appraised value, determined in October, 1998.
COST TO CITY:
$1.865.09 (,evenue) $29.000.000 Miscellaneous Revenue S7/Ai
Cost o this Request Category/Project Budget Category/Project Name /l8 O.
Pa,
1010-0001-4999.00
e
Account umbr
koj&ct Number
$22,110.00
Funds Used To Date
$6.890.00
Remaining Balance
Program Name
?MOP- (t., At—
Fund
BU GET REVIEW:
udget Coordinator
Budgeted Item
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: NCY:
/1�Zit__ .
as
U
Purchasing Officer
9 -a5-oto
Date
Sato -eD
Date
or. major Date
STAFF RECOMMENDATION: Approval of the Resolution.
Cross Reference
4Z7 -o0 New Item: Yes_ No
Date
1-144 Prev Ord/Res #:
/,Datil
9'/ nAb Orig Contract Date:
Date
Administrative Services Director
Mayor
Page 2
*ate Perd/Res #
Date Orig Contract Date:
STAFF REVIEW FORM
Description Meeting Date
Comments: Reference Comments:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
FAYETTEV&LE
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. 3X for your records. The original will
be microfilmed and filed with the City Clerk.
cc: Ed Connell, Engineering
Clyde Randall, Engineering
i •
RESOLUTION NO. 63-00
A RESOLUTION ACCEPTING $1,865 FOR A 30 FOOT
EASEMENT CONTAINING APPROXIMATELY 5,700 SQUARE
FEET, LOCATED AT 897 NORTH CROSSOVER ROAD, PART
OF LOT 5 IN BLOCK 3 OF THE EASTWOOD SUBDIVISION;
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE SAID EASEMENT, TO ARKANSAS WESTERN GAS
CO., ACROSS PROPERTY DESIGNATED AS TRACT NO. 3X,
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 $1,865 for a 30 foot easement
containing approximately 5,700 square feet, located at 897 North Crossover Road, part of Lot 5 in
Block 3 of the Eastwood Subdivision; and authonzes the Mayor and City Clerk to execute said
casement to Arkansas Western Gas Co for a 16 -inch high pressure gas lines. A copy of the
easement and legal description is attached hereto marked Exhibit "A" and made a part hereof.
tw..t�.,
•�'E E !'4ND APPROVED this 16th day of May , 2000.
•1/4.
:.j4 q:
I I ...5
e t
1
ATTEST:
By:
•
•
Heather Woodruff, City Cle
•