HomeMy WebLinkAbout230-05 RESOLUTION• •
RESOLUTION NO. 230-05
A RESOLUTION GRANTING AN EASEMENT TO SBC
COMMUNICATION TO INSTALL NEW
COMMUNICATION EQUIPMENT AND AN
ASSOCIATED UNDERGROUND LINE LOCATED ON
CITY OWNED PROPERTY NORTH OF TOWNSHIP
STREET
WHEREAS, SBC would be able to provide the necessary communication
connection between the cell phone providers.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas hereby
approves the granting of two eascments to SBC Communications.
PASSED and APPROVED this 6th day of December, 2005.
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FAYETTEVILLE;
ST en,9
'':;yGTONlllll %1
By: (��e M.tJ h,
SONDRA SMITH, City Clcrk
APPROVED:
By:
Parcel No. 765-15988-000
•
GENERAL UTILITY 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, does hereby GRANT, SELL and CONVEY unto Southwestern
Bell Telephone, A Texas Limited Partnership, d.b.a. SBC, hereinafter called
GRANTEE and unto Grantee, its associated and allied companies, its and their
successors, assigns and licensees, a permanent easement to construct, operate,
maintain, replace, repair, enlarge, inspect, fence and/or remove general utilities
including water and/or sanitary sewer pipe line or lines, manholes, natural gas,
electrical power, telephone, fiber optic cable(s) and television communication 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: (Deed Book 873 at Page 337)
A part of the Southeast Quarter of the Southeast Quarter of Section 35, Township 17 North, Range 30 West,
described as follows: Beginning at point which is 594 feet East and 300 feet North of the Southwest corner
of said 40-1cre tract, and running, thence East 101 [feet]; thence North 525 [feet]; thence West 1010 [feet];
thence South 525 [feet] to the point of beginning; containing 1.22 acres, more or less.
PERMANENT EASEMENT DESCRIPTION:
Easement for Underground Facilities (Telecommunication Systems and Lines):
A communications easement across the property first hereinabove described, being more particularly
described as follows: A ten (10) foot easement being 5 feet either side of the cable, as placed for a distance
of 60 feet, more or less. This easement is shown in more detail on the attached survey.
Easement for Communications Equipment Station:
A communications easement across the property first hereinabove described, being more particularly
described as being located on a 20 foot by 20 foot wide easement in part of the SEA, SEA, in Section 35,
T -17-N, R -30-W. The northeast line of said easement will be located parallel with and adjacent to the
southwestern fence line of the cell tower/water tower enclosure. This easement is shown in more detail on the
attached survey
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, until the use of said permanent easement
is relinquished, abandoned or vacated and so long as such pipe line or lines, electrical power, telephone and/or television
lines or cables, 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 herein above set forth.
The Grantee shall have the right to construct additional pipe lines, electric power lines, telephone and/or television
lines or cables upon the above described easement at any time in the future.
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 l day of 2005.
ATTEST:
Sondra Smith, City Clerk
By:
`... � . •
tri oody, Mayor
�'.Y
L\S O•,SGA
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:FAYETTEVILLE'
"st.,
"0,,P '9;QKANSP' We
1•40GTON G°p..
CITY OF AYETTEVILLE, ARKANSAS
A Muni ipal Corpora on
[SEAL]
•
GENERAL UTILITY EASEMENT
City of Fayetteville, Arkansas
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 Dan Coody and Sondra Smith, 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,
respectively, 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 and behalf of said 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 Ilday of
MY COMMISSION EXPIRES'
/not csvo
bt f&t,n x/ , 2005.
Notary Public
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Tim Conklin
Submitted By
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City of Fayetteville
Staff Review Form
City Council Agenda Items
Contracts
6 -Dec -05
City Council Meeting Date
Planning & Development Mgmt.
Division
Action Required:
•
Operations
,eES
is/4/05
a 30
c C ilp.nnaieafsits
Department
Approval of a Resolution granting taro easement% to SBC Communication to install new communication equipment
and an associated underground line located on City owned property north of Township Street (Water Tank Site).
$0.00
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item
n/a
Category/Project Budget
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached
Depanmen Director
City A
Age
1J
Mayor
l- I di—of
Date
Date
n/a
Program Category / Project Name
n/a
Program / Project Category Name
n/a
Fund Name
Previous Ordinance or R
Original Contract Date:
Origin& Contract Number:
n/a
Received in Mayor's Office
Comments:
• •
tEtvt1e..
THE CFI'Y OF FAYETFEVILLE, ARKANSAS
TO:
Mayor Dan Coody
Fayetteville City Council
THROUGII: Gary Dumas, Operations Director
FROM:
DATE:
SUBJECT:
Tim Conklin, Planning and Development Management Director
November 17, 2005
Approval of a Resolution granting two easements to SBC
Communications to install new communication equipment and an
associated underground line located on City owned property north of
Township Street (Water Tank Site).
RECOMMENDATION
Staff recommends granting the 20 foot by 20 loot equipment easement and 10 foot by 60
foot underground utility easement to SBC Communication to locate a new equipment
station and associated line on City owned property. Staff also recommends the
equipment station be screened with a wood board fence that is a minimum 6 feet in height
or as high as the equipment station.
BACKGROUND
SBC Communications Arkansas has requested a 20 x 20 casement for an equipment
station and a 10 foot wide by 60 fbot long underground utility casement located on the
City of Fayetteville Township Street water tank property. The proposed station will
provide the necessary communication connection between the cell phone providers
located on the monopole tower and City water tank to the land line operated by SBC.
There are existing SBC facilities located on the property; however, there are currently no
recorded easements.
BUDGET IMPAC I'
There is no budget impact by granting these casements.
• •
RESOLUTION NO.
A RESOLUTION GRANTING AN EASEMENT TO SBC
COMMUNICATION TO INSTALL NEW
COMMUNICATION EQUIPMENT AND AN
ASSOCIATED UNDERGROUND LINE LOCATED ON
CITY OWNED PROPERTY NORTH OP TOWNSHIP
STREET.
WHEREAS, SBC would be able to provide the necessary communication
connection between the cell phone providers.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I. That the City Council of the City of Fayetteville, Arkansas hereby
approves the granting of two easements to SBC Communications.
Bv:
PASSED AND APPROVED this day of , 2005.
APPROVED:
By:
DAN COODY, Mayor
SONDRA SMITH, City Clerk
•
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PRIV/GUS SURVEY BY
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SE 1/4 SE 1/4, SECTION 35, T- / 7-N, R -30-W
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PROPERTY DESCRIPTION
Port of the Southeost Ouorter of the Southeost Ouorter of
Section 35, Township 17 North, Ronge 30 West, Washington
County, Arkansas being more porticulorly described as follows:
Commencing of on existing p/k nail marking the Southwest
Corner of the Southeost Ouorter of the Southeast Quarter.
Thence along the South line of sold Forty, East 594.31 feet.
Thence leaving said South line, North 00 degrees 07 minutes
48 seconds West, 40000 feet to on existing rebor and the
Point of Beginning. Thence North 00 degrees 07 minutes 48
seconds West, 175.00 feet to o set rebor w/cop. Thence
East 101.00 feet to o set rebor. Thence South 00 degrees
07 minutes 48 seconds Eost, 175.00 feet to a set rebor
w/cop. Thence West 101.00 feet to the Point of Beginning,
containing 0.41 of on acre and subject to any Eosements of
Record. A/so on existing 25.00 foot access eosement filed
for record of Document No. 94059219. Also on existing
25.00 foot occess easement filed for record February 24,
1999, Document No. 99017173.
SHER oCND
COMMON
TOWNSHIP
TOWNSHIP
1iw4V.
7 -' 7O]WNS0HIP7S.
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TOWNSHIP
10361
OWNSHIP S
TOWNSHIP
1-
T®WNSHIP
SOWNSHI15T
TOWNSHIP
TOWNSHIP
TOWNSHIP
TsiDWNS
OWNS HIP ST
232.7
BRIARWQOD LN
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TOWNSHIF
2370—
JMMINGBIRD
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PROPERTY INFORMATION (Use additional sheets if more space is required)
El
LOCATION/DESCRIPTION
X 1 OTHER ALL RISK
COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $ 10,000.000
ACORD
noEVIDENCE
OF COMMERCIAL PROPERTY INSURANCE
DATE(MM/DD/YYYY)
3/12/2008
MORTGAGEE
LOSS PAYEE
BUSINESS INCOME / RENTAL VALUE
THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND
PRIVILEGES AFFORDED UNDER THE POLICY.
PRODUCER
PERSON
NAME, CONTACT
AND ADDRESS
717 N HARWOOD,RON LEI827 LC -N DALLAS
DALLAS TX 75201
PHONE 214-969-6700
INC. No. Ertl'
COMPANY NAME AND ADDRESS
•
Insurance Company of the State of PA
70 Pine Street
New York NY 10270
IF MULTIPLE COMPANIES COMPLETE SEPARATE
NAIC NO: 19429
FAX
INC. No EMI:
FORM FOR EACH
E-MAIL
ADDRESS;LOC
TERRORISM COVERAGE
CODE:
SUB CODE:
CUSTOMER ID is: ATTINOI
NAMED INSURED AND ADDRESS AT&T Inc.
1100151 Cingular Wireless, LLC
175 East Houston 7-R-5
San Antonio TX 78205
LOAN NUMBER
POLICY NUMBER
1MB 141 7152
EFFECTIVE DATE
3/15/2008
EXPIRATION DATE
3/15/2009
CONTINUED UNTIL
n TERMINATED IF CHECKED
ADDITIONAL NAMED INSURED(5)
THIS REPLACES PRIOR EVIDENCE
DATED. - -
X
If YES, LIMIT:
PROPERTY INFORMATION (Use additional sheets if more space is required)
El
LOCATION/DESCRIPTION
X 1 OTHER ALL RISK
COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $ 10,000.000
DED:
NAME AND ADDRESS
17097
City of Fayetteville, AR
113 West Mountain
Fayetteville AR 72701
YES
NO
MORTGAGEE
LOSS PAYEE
BUSINESS INCOME / RENTAL VALUE
X
AUTHORIZED RE�RII TIMEslos
�Ty/a IIIjt` \V}j)
If YES, LIMIT: 10.000.000
X
Actual Loss Sustained R o: months: 24
BLANKET COVERAGE
X
- If YES, indicate amount of insurance on prop ries identified above: $
TERRORISM COVERAGE
X
Attached signed Disclosure Notice! DEC
IS COVERAGE PROVIDED FOR "CERTIFIED ACTS" ONLY?
X
If VES, SUB LIMIT:
DED:
15 COVERAGE A STAND ALONE POLICY?
X
If YES, LIMIT:
DED:
DOES COVERAGE INCLUDE DOMESTIC TERRORISM?
X
If YES, SUB LIMIT:
DED:
COVERAGE FOR MOLD
X
If YES, LIMIT:
DED:
MOLD EXCLUSION (11 'YES'. specify organizations form used)
X
Manuscript Form
REPLACEMENT COST
X
AGREED AMOUNT
X
COINSURANCE
X
RYES, %
EQUIPMENT BREAKDOWN (If Applicable)
X
If YES, , LIMIT: Included
DED:
LAW AND ORDINANCE - Coverage for loss to undamaged portion of Wilding
X
If YES, LIMIT:
Included
DED:
- Demolition Costs
X
If YES, LIMIT: Included
DED:
- Inv. Cost of Construction
X
If YES, LIMIT: Included
DED:
)(
If VES, LIMIT:DEO.
EARTHOUAKE (If Applicable) ' -
FLOOD (II Applicable)
X
If YES, LIMIT: Included
DED'
WINDMAIL (If Separate Policy)
X
If YES, LIMIT: Included
DED:
PERMISSION TO WAIVE SUBROGATION PRIOR TO LOSS
X
iv
REMARKS - Including Special Conditions (Use additional sheets if more space is required)
This policy insures against risk of direct physical loss or damage to the progeny Insured from peri s not otherwise excluded. Included in Blanket Propeny, both Real & Personal, EDP & Media, Accounts
Receneble, vntuable papers & records, Bus ness Interruption, and Builders Risk/Installation Floater. Boiler & Machinery coverage provided by Hartford Steam Boiler (Policy #BM17701601) Policy term:
I V31/07-3/15/09 RE: lob fiLTRI42, located at 1060 S. Township Drive Fgeneville, AR
CANCELLATION
THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE
COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO
THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW.
Muth 11 V IYML in 1 cRCJ 1
NAME AND ADDRESS
17097
City of Fayetteville, AR
113 West Mountain
Fayetteville AR 72701
LENDER SERVICING AGENT NAME AND ADDRESS
it
MORTGAGEE
LOSS PAYEE
_
AUTHORIZED RE�RII TIMEslos
�Ty/a IIIjt` \V}j)
t—ir
--_
ACORD 28 (2003110)
For questions regarding this certificate, contact the number listed In the 'Produce( section above and specify the client code 'ATTINa1'.
RESOLUTION NO. 230-05
•
A RESOLUTION GRANTING AN EASEMENT TO SBC
COMMUNICATION TO INSTALL NEW
COMMUNICATION EQUIPMENT AND AN
ASSOCIATED UNDERGROUND LINE LOCATED ON
CITY OWNED PROPERTY NORTH OF TOWNSHIP
STREET
WHEREAS, SBC would be able to provide the necessary communication
connection between the cell phone providers.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby
approves the granting of two easements to SBC Communications.
By
PASSED and APPROVED this 6th day of December, 2005.
,rannrrrrr
S. 01Y OF'. G� ;
F'
F. : FAYETTEVILLE'
Fitz' 4 •$iiiiiiiiii
-
SONDRA SMITH, City Clerk
APPROVED:
By:
Parcel No. 765-15988-000
. GENERAL UTILITY 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, does hereby GRANT, SELL and CONVEY unto Southwestern
Bell Telephone, A Texas Limited Partnership, d.b.a. SBC, hereinafter called
GRANTEE and unto Grantee, its associated and allied companies, its and their
successors, assigns and licensees, a permanent easement to construct, operate,
maintain. replace, repair, enlarge, inspect, fence and/or remove general utilities
including water and/or sanitary sewer pipe line or lines, manholes, natural gas,
electrical power, telephone, fiber optic cable(s) and television communication 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: (Deed Book 873 at Page 337)
A part of the Southeast Quarter of the Southeast Quarter of Section 35. Township 17 North. Range 30 West,
described as follows: Beginning at point which is 594 feet East and 300 feet North of the Southwest corner
of said 40-1cre tract, and running, thence East 101 [feet]; thence North 525 [feet]; thence West 1010 [feet);
thence South 525 [feet] to the point of beginning; containing 1.22 acres, more or less.
PERMANENT EASEMENT DESCRIPTION:
Easement for Underground Facilities (Telecommunication Systems and Lines):
A communications easement across the property first hereinabove described, being more particularly
described as follows: A ten (10) foot easement being 5 feet either side of the cable. as placed for a distance
of 60 feet, more or less. This easement is shown in more detail on the attached survey.
Easement for Communications Equipment Station:
A communications easement across the property first hereinabove described, being more particularly
described as being located on a 20 foot by 20 foot wide easement in part of the SEY., SE%, in Section 35,
T -17-N, R -30-W. The northeast line of said easement will be located parallel with and adjacent to the
southwestern fence line of the cell tower/water lower enclosure. This easement is shown in more detail on the
attached survey
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. until the use of said permanent easement
is relinquished, abandoned or vacated and so tong as such pipe line or lines, electrical power, telephone and/or television
lines or cables, 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 herein above set forth.
The Grantee shall have the right to construct additional pipe lines, electric power lines, telephone and/or television
lines or cables upon the above described easement at any time in the future.
Allcovenants 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 /01-L day of x CPwa 8t tn� 2005.
ATTEST:
Sondra Smdh'City Clerk
By:
,{plr
1. •'c,\S Y OF
CITY OF AYETTEVILLE, ARKANSAS
A Muni pal Corpora on
oody, Mayor
o.•?s?
•
;FAYETTEVILLE•
• :N.3
-'''y;;vGTON
(SEAL]
•
GENERAL UTILITY EASEMENT
City of Fayetteville. Arkansas
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 Dan Coady and Sondra Smith, 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.
respectively, 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 and behalf of said 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 _h1day of
MY COMMISSION EXPIRES:
/net k, two
bP!! am he 2005.
Notary Public k`1ttitlHg1/4
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