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HomeMy WebLinkAbout16-01 RESOLUTION• • RESOLUTION NO. 16-01 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT WITH SOUTHWESTERN BELL TELEPHONE COMPANY FOR A 400 SQUARE FOOT TRACT OF LAND FOR THE INSTALLATION OF FIBER OPTIC EQUIPMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized to execute an easement with Southwestern Bell Telephone Company for a 400 square foot tract of land for the installation of fiber optic equipment. The easement is adjacent to an existing Southwestern Bell Telephone Company easement granted in 1995 by Resolution No. 75-95. A copy of the easement is attached hereto marked Exhibit "A" and made a part hereof. f 'R'AND APPROVED this 20th day of February 2001. e ATTEST: By: Heather Woodruff, City Cl k APPROVED By: l'yLLU/LPS\.l �weJ. Charles D. Coody Mayor • ® Southwestern Bell • • EASEMENT FOR EQUIPMENT STATION EXHIBIT A THIS EASEMENT, entered into by the undersigned, herein referred to as GRANTORS, and SOUTHWESTERN BELL TELEPHONE COMPANY, GRANTEE, wherein GRANTORS, in consideration of the sum of One Thousand Dollars (31,000.00), and other valuable consideration, receipt of which is hereby acknowledged, do by these presents GRANT; BARGAIN' AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its andtheir-respective successors and assigns, a permanent right and easement to construct, operate, maintain, reconstruct, enlarge; fence and remove a communications equipment station upon the following described land, situated in Washington County, State of Arkansas and described as follows: PART OF THE NW/4 OF SECTION 4, TOWNSHIP 15 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID NW/4 OF SECTION 4, THENCE ALONG THE NORTH LINE OF SAID NW/4 N 8703'31" W 1351.56 FEET, THENCE S 02'08'33" W 1395.33 FEET TO THE NE CORNER OF AN EXISTING SOUTHWESTERN BELL EASEMENT AND THE POINT OF BEGINNING, THENCE S 04'41'41" W 19.98 I•t.0 1 ALONG THE EAST LINE OF SAID EXISTING EASEMENT TO THE SE CORNER OF SAID EASEMENT, THENCE S 85'15'34" E 20.00 FEET, THENCE N 04'41'41" E 19.98 FEET, THENCE N 85'15'34" W 20.001•h1 TO THE POINT OF BEGINNING. TO HAVE AND TO HOLD the same, together with all rights and appurtenances to the same belonging, onto Grantee, its successors and assigns forever, including (1) the right to connect said station with the Grantee's communications systems by means of aerial and undergmuud cables, wires and antennas, (2) the right to enclose said land with a fence, (3) the right of ingress and egress to and from said station, (4) the right to construct, operate and maintain, or license other to do, service lines for electric power and telephone, and (5) to clear and keep cleared all trees, overhanging branches, meta, brash and other obstructions from said land Grantors covenant that they and their heirs, successors, administrators and assigns, shall and will WARRANT AND DEFEND the title to the premises rmto the said Grantee, and to its successors and assigns forever against the lawful claims of all persons whomsoever, and further that the Grantee, its successors and assigns, may quietly enjoy the premises for the uses herein stated Grantors warrant that they have no knowledge of aivironmental hazards affecting the land, except those disclosed to Grantee. Grantors agree to hold Grantee harmless for liability arising from =disclosed environmental hazards. Signed and executed this 1 day of Cent, OF F.riri677a2AitLt 7/- es/d1/4..a Social Security Number 20 0 ACKNOWLEDGEMENT THE STATE OF COUNTY OF W/n.074.2ir/ BEFORE ME, the nmdersigned authority, on this day personally appeared Dila/ I ma/ known to me to be the person whose name is/are subsciibedto the foregoing instrument and acknowledged to me that he/they executed the same for purposes and considerations therein expressed. Given under my hand and seal of office this the 020 day of /425•11.4Rely AD 20 01 Public in and for My Commission Expires / / �Zde/07 County, State of Q,ti,,,pa... , ' P o . .� °a i J : 0 0) ti O \ Q C W 5'.1\`• EP/. coAS CAS • r CERTIFICATE OF RECORD State of Arkansas l ss. City of Fayetteville J I, Heather Woodruff, City Clerk/Treasurer for the City of Fayetteville, do hereby certify that the foregoing instrument is a true and correct copy of the original .Srna<_:fi 7 filed in my office on the '& day of ix•,9.e?sr _.Witness my hand and seal thisjd2 Y of. ether Woodruff, City Clerk/Treasurer • NAME OF FILE: Resolution No.16-01 CROSS REFERENCE: Resolution 75-95 02/20/01 Resolution No. 16-01 03/07/01 Exhibit "A" (Copy of the easement) 02/02/01 Memo to Fayetteville City Council thru Dan Coody, Mayor, from Alett Little regarding Southwestern Bell Easement, Fayetteville Municipal Airport -Drake Field 01/22/01 Survey 1, Inc. for Southwestern Bell, D.S. A. 3153 of easement 05/16/95 Resolution No. 75-95 05/16/95 Exhibit "A" (Copy of the easement) 01/30/01 Memo to Airport Board from Alett Little regarding easement for SW Bell 04/03/01' Departmental memo from City Clerk NOTES: FAYETTEIPILLE AIRPORT DEPARTMENT THE CITY OF FAYETTEVILLE, ARKANSAS TO: FAYETTEVILLE CITY COUNCIL THRU: DAN COODY, MAYOR (� FROM: ALETT LITTLE, ECONOMIC DEVELOPMENT DIRECTOR Q%' DATE: FEBRUARY 2, 2001 SUBJECT: SOUTHWESTERN BELL EASEMENT FAYETTEVILLE MUNICIPAL AIRPORT - DRAKE FIELD Action Requested: Staff is requesting approval of a Resolution granting a 400 sq. ft. easement to Southwestern Bell. This easement will be located adjacent to an existing Southwestem Bell easement which was granted to them in 1995 for a sum of $500. The new easement, if granted, will be for a one-time sum of $1,000 This will allow Southwestem Bell to install additional fiber optic equipment that will benefit northwest Arkansas. Staff Recommendation: The Airport Board at their regularly scheduled meeting on February 1, 2001 recommended approval of the Southwestern Bell easement. AL/1p Attachments: Easement for Equipment Station 4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE, AR 72701 PHONE 501-718-7640 Ext. 5 • FAX 501-718-7646 • • • RESOLUTION NO. 75-95_ • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT WITH SOUTHWESTERN BELL TELEPHONE COMPANY FOR A 400 SQUARE FOOT TRACT OF LAND WITHIN THE BOUNDARY OF FAYETTEVILLE DRAKE FIELD FOR THE INSTALLATION OF A FIBER OPTIC EQUIPMENT STATION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I. That the Mayor and City Clerk are hereby authorized t execute an Easement with Southwestern Bell Telephone Company for a 400 square foot tract of land within the boundary of Fayetteville Drake Field for the installation of fiber optic equipment station. A copy of the Easement is attached hereto marked Exhibit 'A' and made a part hereof. PASSED AND APPROVED this 16th day of May 1995. ATTEST Traci Paul, City Clerk APPROVED: By. red Hanna, Mayor ATTEST:, • ® Soulhwutem Bell Telephone Request: 94129 Tract: (1) Complete • EASEMENT FOR Et UIPMENT STATION 0 TNw170S EASEMENT, lEenlerlEd CM110wby the undersigned, aenM referred to es GRANTORS. and sFive ltuundred and No 100 TH. `fah GRANTDoan IS ORS, • Ut1 r.tlan a the sum a and other valuable consldefetbn, receipt 01 *NCh le hereby seknowied0ed, do by GMUOSO presents GRANT, 6ARGAIN AND SELL, CONVEY ANO CONFIRM unto GRANTEE, b emaciated and shed COmpedes, ate and MOM rote:dvn auensson and swan*, • permanent dela and easement to construct, operate. malmaN, reconstruct. enlarge, fence and remove a Communications equipment station upon the following described land, situated In Wachingtnn' County, Stele a AR end described ea follows: A plot of land Twenty (20') X Twenty (20') located in part of the Northwest Quarter (NA), Section Four (4), Township Fifteen (15) North, Range Thirty (30) West in Washington County, Arkansas, being more particularly described on the attached exhibit. EASEMENT; A Tract of land In the NW 1/4 of Section 4. Township 15 North, Range 30 West in WoshMglon County, Arkansas, Being more particularly described as follows. Beginning of on Iron pin Mol is 1386.91 feel Weal of and 144p(08 feet South of the North 1/4 corner of sold Sectiomo 'ihtnce S 86'52' E. 20.0 feet to an ton pin; thence S'0Sa4' W, 20.0 feet to On bon pin; thence 11 86'52' W, 20.0 tut to•.on Jren did; thence N 0317' E along an existing fence, 2,0.0'feet tojtht.,Pofht of Beginning. Containing 400.0 square feeJ,lellf. • jl T0'N4V5 AND TO HOLD the um} tuner wit tight; and appurtenances to 1M same bafonoing, unto Grantee, hs successors and Castel alidu&: (1) the richt to canned seal station cutin the Grantee's communications systemety Means of eadalandonderground cables, wires end antennas. (Tl the tight to endure said lend with a fence, (i.'01d trCed olinyesS end eyess to and from said station. (4) the right to construct. operate end mainlaln, or pqliseJothh?�' tt:la do, service Ones for electric power end telephone and (5) to doss end keep dewed en Pees, onets igGig branches, roots, brush end other obstructions from said low. Use of said easement shall be in strict compliance with all Federal Aviation Administration rules and regulations, and all city ordinances. Granton covenant that they and their MRAs. successors, administrators and assigns, shoe and wit WARRANT. ANO DEFEND the We to the premises unto IM Said Grantee, end to as successors svflsnigns forever Main the lawful claims a ore persons whomsoever; and further that Me Grantee, Ma successors ala udpns. Amy *deity enjoy the demises fOr Me uses herein stated. Grantors Milani that May have no knowledda of environmental hazards aninna the land, except Mose dndosad to Grantee, Grantors some to hold Grantee harmless for nobly edsklg from Indlactosed environmental hazards. Signed and executed this /6144 day of Atha t( . i 9 CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation (1/2,11 t.- Vitt Traci Paul, City Clerk BY: CHECK TO: The City of Fayetteville, AR 111 West (fountain Fayetteville. AR 72701 Telephone: 521 7700 Tax 1.0. 71_RniRdx, Fr Hanna, Mayor to 00000000000 , 1 1, V), f • o o' . ilk It. fyn 95025683 ;�f o ' cut%L ATTN: Edward 0. Cannella,3 . sal) a o% r•. • • c...s e4,aocLt e �rvrrn,.r,.„fa•• • • • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DAN COODY, MAYOR 4500 S. School Ave., Ste. A Fayetteville, AR 72701 Telephone: 501-575-8301 Fax: 501-575-8304 e-mail: alittle@cilayetteville.ar.us Economic Development Department Alett S. Little, Director TO: Airport Board FROM: Alett Little, Airport Man/Econ Dev Dir DATE: January 30, 2001 SUBJECT: Easement for SW Bell An agent for SW Bell, Leslie Parkes, has contacted our office and conveyed a request that SW Bell be granted an easement to place an additional fiber optic equipment station on Airport property. The expanded site is an area approximately 20' by 20' located just north of the AR Technology Center auxiliary building (Old Skyways Hangar) and between that building and the Bell -Aire Maintenance facility (Old Tyson Hangar). SW Bell currently has an easement which is located just to the west of the site they currently desire to lease which they leased from the Aiiport in May, 1995 for the sum of $500.00. The current proposal is to lease a like amount of land adjacent to the existing easement for $1000.00. Ms. Parkes plans to attend the Airport Board meeting and will be available to answer any questions that you may have about this proposal. Action Requested: Resolution recommending that the City Council approve the casement for SW Bell fiber optic equipment station. Staff Recommendation: Approval of the resolution as stated above. Additional Information: Staff will request that this item be placed on the agenda for the February 20, 2001 City Council meetmg. That meeting will be held at 6:30 pm on Tuesday, Feb 20 in rm 219 of City Hall. The Agenda Session for that Council meeting will be held at 4:30 pm on Tuesday, February 13 in rm 326 of City Hall. FAYETTEVIPLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Alett Little, Economic Development From: Heather Woodruff, City Clerk Date: April 3, 2001 Attached is a copy of the resolution authorizing the easement with Southwestern Bell Telephone. The original will be microfilmed and filed with the City Clerk. cc: Ed Connell, Engineering