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.
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'R'AND APPROVED this 20th day of February 2001.
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ATTEST:
By:
Heather Woodruff, City Cl k
APPROVED
By: l'yLLU/LPS\.l �weJ.
Charles D. Coody Mayor
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® Southwestern Bell
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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
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County, State of Q,ti,,,pa... ,
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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
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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
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RESOLUTION NO. 75-95_
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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:,
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® Soulhwutem Bell Telephone
Request: 94129
Tract: (1) Complete
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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.
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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
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95025683 ;�f o ' cut%L
ATTN: Edward 0. Cannella,3 . sal) a
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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
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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