HomeMy WebLinkAbout29-07 RESOLUTIONRESOLUTION NO. 29-07
A RESOLUTION GRANTING A 10' X 138' UTILITY EASEMENT TO
ARKANSAS WESTERN GAS COMPANY ACROSS A PORTION OF
RED OAK PARK.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby
grants a 10' x 138' utility easement to Arkansas Western Gas Company across a portion
of Red Oak Park.
Section 2. That the city Council of the City of Fayetteville, Arkansas, hereby
authorizes the Mayor and City Clerk to execute the documents necessary to effectuate
this conveyance.
PASSED and APPROVED this 20th day of February, 2007.
APPROVED:
By:
DA ` COODY, Mayor
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ATTEST: _ �' ° ate'
E :FAYETTEVILLE:
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By: / -,4, • .)
S NDRA SMITH, City Clerk/Treasurer ..'•v, ;;rOK„CO°e
Red Oak Park
Parcel No. 76516113-104
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, does 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: (Deed Ref. 2001-023003, Parcel "A")
A certain parcel of land, located within the corporate limits of the City of Fayetteville, being situated in the
Southeast Quarter (SE%) of the Southwest Quarter (SW%) of Section 1, Township 16 North, Range 31
West of the 5` Principal Meridian, Washington County, Arkansas, being more particularly described as
follows, to -wit:
Beginning at a point S 87° 04' 33" E 1303.78 feet and S 87° 31' 01" E 75.03 feet from a state monument,
marking the Southwest Corner of said Section 1, thence N 02° 28' 59" E 135.78 feet to the Southwest
Corner of Red Oak Park; thence along the Southerly line of Red Oak Park N 60° 06' 05" E 149.23 feet to a
point along the Westerly line of Bridgeport — Phase 2; thence along the Westerly line of Bridgeport — Phase
2, S 19° 38' 10" E 55.64 feet to a point; thence continuing along the Westerly line of Bridgeport — Phase 2, S
05° 36' 50" W 24.18 feet to the Southwest Corner of Lot 84 of Bridgeport — Phase 2; thence along the
Southerly line of said Lot 84, N 73° 38' 56" E 176.06 feet to a point along the Westerly right-of-way line of
Trillium Lane; thence along Trillium Lane, 10.07 feet along a non-tangential curve to the left, having a radius
of 100.00 feet, interior angle of 5° 46' OT', and a chord bearing and distance of S 22° 48' 27" E 10.06 feet to
a point; thence away from Trillium Lane, non -tangent to the previous curve, S 73° 38' 56" W 72.00 feet to a
point; thence S 16° 21' 04' E 10.00 feet to a point along the Northerly line of Lot 83 of Bridgeport — Phase 2;
thence S 73° 38' 56" W 113.26 feet to the Northwest Corner of said Lot 83; thence along the Westerly line of
said Lot 83, S 05° 36' 50 W 118.66 feet to a point; thence N 87° 31' 01" W 138.00 feet to the Point of
Beginning, containing 0.65 acres (28,288 sq. ft.), more or less, subject to all rights-of-way, servitudes and/or
easements, of record or fact. (Also shown as Parcel "A" on the Final Plat of Bridgeport — Phase IV, to the
City of Fayetteville, Washington County, Arkansas, as recorded in Plat Book 17 at Page 25, and being a
part of Red Oak Park.)
PERMANENT EASEMENT DESCRIPTION:
A ten (10) foot wide permanent easement of equal and uniform width, being more particularly described as
follows: Beginning at a point 128 feet North of the Southeast corner of the above described property (Parcel
"A", also known as Red Oak Park); thence West 138 feet; thence North 10 feet; thence East 138 feet;
thence South 10 feet, to the point of beginning and containing 1,380 square feet (0.032 acre), more or less.
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.
The Grantor agrees not to erect any buildings or structures in said permanent easement.
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.
•
NATURAL GAS LINE EASEMENT
Page 2 of 2
It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority
to make any covenantor agreement not herein expressed.
WITNESS the execution hereof on this the <2 4 t k day of
ATTEST:
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Sondra Smith, City Clerk
By:
t �JruarY 2007.
City of Fayetteville, Arkansas,
A municipal corporation
D• Coody, Mayor
[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 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 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 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 flot°tAA.ry 2007. �Q
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Connie Edmonston rQ
Submitted B
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
2/20/2007
City Council Meeting Date
Parks and Recreation
Division
Action Required:
Operations
Department
Parks Staff recommends approval of a resolution granting Arkansas Western Gas Company a 10' x 138' easement
in Red Oak Park.
n/a
Cost of this request
N/A
Account Number
N/A
Project Number
Budgeted Item
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
N/A
Program Category / Project Name
N/A
Program / Project Category Name
N/A
Fund Name
'e.. ment •irector
City Attorney
O, ,
t
Date
/2-u 7
Dat
Finance and Internal Service Director
Mayor
2-5-07
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number
Received in Mayor's Office
Comments:
City Council Meeting of February 20, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor Dan Coody and City Council
Thru: Gary Dumas, Operations Director
From: Connie Edmonston, Parks and Recreation Director
Jeff Coles, Parks Maintenance Superintendent
Date: February 1, 2007
Subject: AR Western Gas Company Natural Gas Line Easement in Red Oak
Park
RECOMMENDATION
Parks Staff recommends approval of a resolution granting Arkansas Western Gas
Company a 10 x 138 easement in Red Oak Park.
•
BACKGROUND
In early December 2006, Arkansas Western Gas Company (AWGC) experienced an
operational pressure problem with their distribution system. To alleviate this problem, or
interuption in service, AWGC installed a " temporary " line to connect two separate
distribution lines. This line runs across a portion of Red Oak Park between lots 83 & 84
in Bridgeport Phase 2, to lot 132 within the Bridgeport Phase 4 addition.
DISCUSSION
There is currently a utility easement south of this proposed easement site that is heavily
wooded. To install this connecting line in the existing easement, trenching would be
required and consequently removal of a significant amount of trees. Parks Staff
recomeuds utlitizing the proposed easement instead of the existing easement in order to
minimize impact on the existing trees. On the proposed easement site, a directional
boring machine would be utilized having minimal impact on Red Oak Park. AWGC
states this gas line is required in order to sustain service to approximately 200 homes.
This matter should be resolved quickly to eliminate the potential hazzard associated with
the above ground temporary line across the public park.
BUDGET IMPACT
None
Attachments:
Red Oak Park Map
Proposed Easement
Arkansas Western Gas Company Letter
RESOLUTION NO.
A RESOLUTION GRANTING A 10' x 138' UTILITY EASEMENT
TO ARKANSAS WESTERN GAS COMPANY ACROSS A
PORTION OF RED OAK PARK.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas,
hereby grants a 10' x 138' Utility Easement to Arkansas Western Gas Company
across a portion of Red Oak Park. A copy of the Natural Gas Line Easement,
marked Exhibit "A" is attached hereto and made a part hereof.
Section 2. That the City Council of the City of Fayetteville, Ar ansab,
hereby authorizes the Mayor and City Clerk to execute the docamerits e%essary
to effectuate this conveyance.
PASSED and APPROVED this 20thdayof Februa
APPROVED:
SOIsth SMITH, City Clerk/Treasurer
/l Arkansas Western Gas
*' I Company
VA subsidiary el Southwestern Energy Company
January 29, 2007
To Whom It May Concern:
1001 Sain Street
P.O. Box 13288
Fayetteville, Arkansas 72703-1002
(479) 521-5400 FAX: (479) 582-4747
www.awgonline.com
In early December 2006, Arkansas Western Gas "AWG" experienced an operational
pressure problem with its distribution system North of Hwy 1.6 West (Wedington Road)
between Rupple Rd and N. 51st Ave. in Fayetteville. In order to alleviate this problem
AWG installed a "temporary line" that tied two separate distribution systems together
between -Bridgeport -Ad ition Phase=2.11bd Bridgeport-Addi1 on.Phase 4:1 -This `temporary- -
line" runs between lots 83 & 84 in Bridgeport Phase 2 to lot 132 within the Bridgeport
Phase 4 additions (See attached map). The area between Phase 2 and Phase 4 has been
designated as the "Red Oak Park" thereby requiring us to seek a permanent utility
easement in order to make the "temporary line" a permanent part of our distribution
system.
AWG has not experienced any operational problems in this area since this "temporary
line" has been in service. Therefore, we are requesting the issuance of a permanent
utility easement across the designated park area between Phase 2 and Phase 4. This area
lies outside the normally maintained area of the Red Oak Park and would not adversely
affect the park in any form. All work will be performed with minimal impact to the
existing area with approved BMP restoration practices suited for quick recovery.
Thank you for your consideration of this matter. If you have any question please contact
me at (479) 582-8641.
-Dormy tsnourii--
Manager, Construction and Maintenance
Arkansas Western Gas Company
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,
(2.27.07) Clarice Pearman - Res 29-07
From:
To:
Date:
Subject:
Attachments:
Clarice Pearman
Edmonston, Connie
2.27.07 11:12 AM
Res. 29-07
29-07 Arkansas Western Gas Co.pdf
CC: Audit
Connie:
Attached is a copy of the above resolution passed by City Council, February 20, 2007 regarding a utillity easement. If
anything else is needed please let me know.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us
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