HomeMy WebLinkAbout81-00 RESOLUTIONRESOLUTION NO. 81-00
•
MICROFILMED
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A 30 FOOT EASEMENT ACROSS
PROPERTY DESIGNATED AS TRACT #3X CONTAINING
APPROXIMATELY 3,000 SQUARE FEET TO ARKANSAS
WESTERN GAS CO., FOR 16 INCH HIGH PRESSURE GAS
LINES; AND GRANTING A 50X70 FEET TEMPORARY
CONSTRUCTION EASEMENT ACROSS SAID PROPERTY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby authorizes the Mayor and City Clerk to execute
a 30 foot easement across property designated as Tract #3X containing approximately 3,000 square
feet to Arkansas Western Gas Co., for 16 inch high pressure gas lines; and hereby grants a 50x70
feet temporary construction easement across said property, as more fully set forth and attached
hereto marked Exhibit "A" and made a part hereof.
AND APPROVED this 20th day of June , 2000.
ATTEST:
/ ��
By: /At // //G'�?i�(r %
Heather Woodruff, City k
APPROVED.
By: /ie
red Hanna, Mayor
•
NAME OF FILE:
762,44,714-2:6 X/- do
CROSS REFERENCE:
Date
Contents of File
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Property Description:
EXHIBIT "A"
• EXHIBITA,__
EXf/
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 Southwest corner
of Lot 4, Block 3 of Eastwood Subdivision; thence North 859 P39" East along the
South line of Lot 4 a distance of 117.32 feet to apoint on the Westerly proposed right
of way lrne 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 nght of way line a distance of 214.20 feet to a point on the South line of Lot
5, Block of Lot 5, Block 3 of Eastwood Subdivision; thence South 8591'39" 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 nght 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.
Permanent Easement Description:
A thirty (30) foot permanent easement beginning eighty (80) feet north of the
Southeast comer; thence running North approximately 100 feet, more or less and
ending, being parallel and adjacent to the new and improved right of way of Highway
265 and being north of the 30 foot by 80 foot permanent natural gas line easement
as recorded in Deed Reference 2000041529 of the office of the Circuit Clerk and Ex -
Officio Recorder of Washington County, Arkansas.
Temporary Construction Easement:
A seventy (70) foot wide temporary construction easement across the above
aescribed property, being parallel with and contiguous to the northernmost fifty (50)
feet of the above described permanent easement and situated on the west side thereof
This temporary construction easement contains 3,500 square feet (0.08), more or less.
m
X
2
53
E ASEIs
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Job No. P-90038-1
Locke Property
Parcel No. 765-05031-000
Tract No. 3-X
• •
NATURAL GAS LINE EASEMENT
BE IT KNOWN BY THESE PRESENTS:
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OR1g%,UAL%kEA
/or 774 Cott Any
C S EE Ti /I aoc&c1A20)
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 and a temporary
construction 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 eighty (80) feet north of the Southeast comer;
thence running North approximately 100 feet, more or less and ending, being parallel and
adjacent to the new and improved right of way of Highway 265 and being north of the 30 foot by
80 foot permanent natural gas line easement as recorded in Deed Reference 2000041529 of the
office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas.
See attached Exhibit 6
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION:
A seventy (70) foot wide temporary construction easement across the above described property,
being parallel with and cont-guous to the northernmost fifty (50) feet of the above described
permanent easement and situated on the west side thereof. This temporary construction
easement contains 3500 square feet (0.08 acre), more or less,
See attached 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.
This temporary construction easement as conditioned above, shall terminate when the herein above referenced
project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
Itis 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 herein
above described for the uses and purposes herein above 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.
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.
K7
NATURAL GAS LINE EASEMS
Page 2 of 2
1
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
day of 2000.
CITY OF FAYETTEVILLE, ARKANSAS,
a municipal corporation
BY:
ATTEST:
Fred Hanna, Mayor
Heather Woodruff, City Clerk [SEAL)
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-90036-1
TRACK NO. 3-X
EXHIBIT "A"
Lot Five (5) of Block Three (3) of Eastwood Subbivislon 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
right of way line of Arkansas State Highway 265; thence South 15 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 6, Block 3 of Eastwood
Subdivision; thence South 85.11' 39' West along sald South lot line a distance of 52.451 eat to a point
on the Westerly proposed tight of way line 01 Arkansas State Highway 265; thence North 1t 01' 12'
East along said proposed West right of way linea 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.
RES•755O3 sq ft:
LOCATION OF THRITY FOOT
PERMANENT EASEMENT:
k\\ 1\\ \\\ V
TILITY EASEMENT MAP
EXHIBIT "B"
SnE ar EASEMENT'
PF.RMAASNT 0771,,ITY ZL WMSA7
4838 SQ.IT. (0.06 ACRES)
TEMPORARY CONSTRUL77ON EASEMENT
2,190 SQ.JT. (0,05 ACRS)
Scale: la=40°
XATNERINE C
WHITS
ftEVEN7' TRACT NO. SX
CITY OF 'AMMO/JP
LOT
SW CORNER
LOT 4, BLOCK 3
£ASTHOOD SUBDMSJON
1495.11797
10.76'
• 1033.11939
10656'
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t4tP G4S05f fs0'X 'MT
CITY OF FAYiTEEVILLE N
PUf
LOT 5
0 0410 0 40
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HOUSE
TO BE REMOVED
s35.11139•v
LOT S
LOT 6
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LOT 6
JEAN RANDLE
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PERM. WATER/SEWER ESMT.
(DEED REF. 99096443)
30' X 80' PERM. GAS LINE ESMT.
(DEED REF. 2000041529)
PROPOSED
30' X 103 PERM. GAS LINE ESMT.
17 / 1
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FAYETTEALE
THE CITY OF FAYETTEVIIIE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
TO: Fayetteville City Council
THRU: Fred Hanna, Mayor
Charles Venable, Public Wor s Director aod
Jim Beavers, City Engineer
FROM: Jill Goddard, Land Agent
DATE: June 7, 2000
SUBJECT: Arkansas Western Gas Co. Easement Requests
Please find attached a Natural Gas Line Easement and a letter from Nancy Roller, Agent for Arkansas
Western Gas Co , requesting permanent and temporary easements for 16 inch high pressure gas lines.
The permanent easement, which is designated as Tract #3X, is a request for an additional 30 foot
easement containing approximately 3000 square feet This easement is in addition to the 30 foot by 80
foot easement granted to Arkansas Western Gas Co. via Resolution No. 63-00 (easement recorded as
Deed Ref. 2000041529). The gas company needs additional easement to allow for crossing to the east
side of Highway 265 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 combined easements will
consist of the South 180 feet of this lot.
Arkansas Western Gas Co is also requesting a 50 foot by 70 foot temporary construction easement
across this same property. This is a 70 foot area adjacent to and west of the northernmost 50 feet of the
additional permanent easement area. This is necessary for gas line boring to the east side of Highway
265.
The City has 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 permanent easements
(which overlap our easement areas) and the temporary easement as requested by the gas company.
The gas company has offered to compensate the City of Fayetteville for this additional easement in the
amount of $2,340.00 which is a rate of $ 0.78 per square foot and which is 35% of the Arkansas State
Highway and Transportation Department appraised value determined in July, 1998. They have already
compensated the City $1,865.00 for the 30 foot by 80 foot easement.
The rental compensation for the temporary construction easement is $350.00 for the 50 foot by 70 foot
area which is a rate of $0.10 per square foot. This amount is based on a verbal quote from Bill Brandt,
representative for the gas company with a letter forthcoming.
or IP as
•ARKANSAS WESTERN GAS COMP
Right of Way - Special Considerations
Job Number: P_90038-1 Track Nn 3 X
Job Title: HWY 265
Property Owner: CITY OF FAYETTEVILLE
Section: 11 , Township 16 N Range 30 W
County: WASHINGTON
NO TREES REMOVED WITHOUT APPROVAL FROM LANDSCAPE ADMINISTRATION
OF THE CITY OF FAYETTEVILLE, AR.
It is agreed that neither party hereto is relying upon any oral or written information or representations made by
the other prior to the signing of the easement unless expressly provided herein, and that the easement
constitutes the entire agreement between the parties and same shall not be hereafter amended or modified
unless reduce to writing and signed by the parties hereto.
RNV Agent:
Date:
Property Owner(s Date:
(To be completed by Inspector or Construction Supervisor.)
Remarks:
Date: By:
• •
FIELD SERVICES COMPANY
1610 N. Foxhunter
Fayetteville, AR 72701
(501) 442-8387
May 31, 2000
City Of Fayetteville
P O Drawer F
Fayetteville, Ar.
RE- City of Fayetteville property (Track 3-X) located on Hwy 265
Request for right of way by Arkansas Western Gas
To Whom It May Concem:
Per conversations between Bill Brandt of AWGC and Jill, with the City of Fayetteville,
please find enclosed right of way grant for Track 3-X on Hwy 265. We request and add-
itional 100', to adjoin the 80' previously purchased.
This is a permanent thirty foot easement beginning approximately 80' from the Southeast
comer; Thence running North approximately 100' and ending. There is a total of 3000
square feet within this additional easement. A consideration fee of $2,340.00 shall be
paid by draft upon signing.
Please feel free to call me at the above phone number should you have any questions
regarding this issue.
Thank you for your time and consideration on this matter.
Sincerely,
779s'444,74jej
Nancy Roller
• •
FIELD SERVICES COMPANY
June 9, 2000
City of Fayetteville
P O Drawer F
Fayetteville, Ar.
1610 N. Foxhunter
Fayetteville, AR 72701
(501) 442-8387
RE: City of Fayetteville property (Track 3-X) located on Hwy 265
Request for temporary construction easement for Ark. Western Gas
To Whom It May Concern;
Per your request for special considerations on the above property, please find enclosed a
form that list the special considerations that are to be taken by our contractor during the
period of construction.
No trees shall be removed without the approval of the Landscape Administration from
the City of Fayetteville.
The footage agreed upon for the T.C.E. is 50x70 for a total square footage of 350 square
feet. AWGC agrees to pay .10 per square foot. Upon receiving a signed right of way
grant, a draft for $350.00 shall be authorized.
Thank you;
Nancy Roller
•
STAFF REVIEW FORM •
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of June 20, 2000
FROM:
Jill Goddard
Name
Engineering 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 3000 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 $2,340.00, which is 35% of the Arkansas State Highway and Transportation
Department appraised value, determined in October, 1998. This easement is in addition to the 30 foot by 80 foot easement granted to
Arkansas Western Gas Co. via Resolution No. 63-00 (Deed Reference 2000041529). Arkansas Western Gas Co. is also requesting a 50
foot by 70 foot temporary construction easement across this same property and have offered rental compensation in the amount of $350.00,
which is $0.10 per square foot.
COST TO CITY:
($ 2,690.00 )
Cost of this Request
1010-0001-4999.00
Account Number
Project Number
($29 000.00) Miscellaneous Revenue
Category/Project Budget Category/Project Name
( $27,932.00 )
Funds Used To Date Program Name
(1,068.00 )
Remaining Balance
General
Fund
BUDGET REVIEW:
Budgeted Item
et anager
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
4
I•a"
ccounnng
c
1 'tt�o.-rrney
4
rc
asing
•
cer
GRANTING AGENCY:
4-790
Date Internal Auditor bate
G-?ro c7
bate ADA Coordinator bate
(o-1 -on
bate
STAFF RECOMMENDATION: Approval of the Resolution.
Do
e
ate
Date
Dr
Cross Reference
New Item: Yes
Prev Ord/Res #:
Orig Contract Date:
No
n7 F
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frog
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STAFF REVIEW FORM
Description Hwy. 265 Ark. Western Gas Co. Easements (Tract 3X) Meeting Date June 20, 2000
Comments: Reference Comments:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Page 2
FAYETTEVIlt,LE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Jill Goddard, Engineering Division
From: Heather Woodruff, City Clerk
Date: July 12, 2000
Attached is a copy of Resolution 81-00 authorizing the Mayor and City Clerk to execute a natural
gas line easement to Arkansas Western Gas Company for 16 inch high pressure gas lines. The
original will be microfilmed and filed with the City Clerk.
•
ME"
RESOLUTION NO. 81-00
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A 30 FOOT EASEMENT ACROSS
PROPERTY DESIGNATED AS TRACT #3X CONTAINING
APPROXIMATELY 3,000 SQUARE FEET TO ARKANSAS
WESTERN GAS CO., FOR 16 INCH HIGH PRESSURE GAS
LINES; AND GRANTING A 50X70 FEET TEMPORARY
CONSTRUCTION EASEMENT ACROSS SAID PROPERTY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby authonzes the Mayor and City Clerk to execute
a 30 foot easement across property designated as Tract #3X containing approximately 3,000 square
feet to Arkansas Westem Gas Co., for 16 inch high pressure gas lines; and hereby grants a 50x70
feet temporary construction easement across said property, as more fully set forth and attached
hereto marked Exhibit "A" and made a part hereof.
D•AND APPROVED this 20'" day of June , 2000.• APPROVED,
/• . 1 • 0,�
ATTEST/
:
/j
By:er Woodruff, City rk
By: 'I/1
red Hanna, Mayor