HomeMy WebLinkAbout214-11 RESOLUTIONRESOLUTION NO. 214-11
A RESOLUTION TO APPROVE THE SALE OF A PERMANENT
WATER/SEWER EASEMENT OF 0.383 ACRES AND A TEMPORARY
CONSTRUCTION EASEMENT ADJOINING THE PERMANENT
WATER/SEWER EASEMENT ALONG HIGHWAY 265 TO THE
SPRINGDALE WATER AND SEWER COMMISSION FOR $3,000.00
WHEREAS, due to the widening of Highway 265, the Springdale Water and Sewer
Commission needs to move their mains and thus must acquire new permanent water/sewer
easements and temporary construction easements from property owners along Highway 265
including the City of Fayetteville; and
WHEREAS, Springdale Water and Sewer Commission has offered an appraised value of
$2,400.00 for the permanent water/sewer easement and $600.00 for the temporary construction
easement; and
WHEREAS, our City Land Agents have many years of experience in valuing and
obtaining water/sewer easements, have examined the Springdale appraisal, and have determined
it is consistent with offers to other land owners and constitutes fair compensation for our
citizens; and
WHEREAS, the City Council finds that the property upon which the easements are to be
granted is no longer needed for municipal purposes other than use as utility easements and that
the property need not be rezoned prior to its sale.
NOW, THEREFORE 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 approves
the sale of a permanent water/sewer easement of 0.383 acres and a temporary construction
easement adjoining the permanent water/sewer easement along Highway 265 to the Springdale
Water and Sewer Commission for $3,000.00 and authorizes Mayor Jordan to execute the
Easement Deed attached to this Resolution to convey these easements to the Springdale Water
and Sewer Commission.
PASSED and APPROVED this 6th day of December, 2011.
APPROVED: ATTEST:
By:
LION LD J N, Mayor
oti'M PFI17 p/
LISA BRANSON, Deputy Cit 1 rk o�' µ
: FAYETTEVILLE
vim
m sew
e°re® ®/l,/G 7614 GCj oov
David Jurgens
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
12/6/2011
City Council Meeting Date
Agenda Items Only
Utilities
Division
Action Required:
Utilities
Department
Resolution approving the sale of one permanent and one temporary construction easements to the Springdale Water
and Sewer Commission for the north section of the Highway 265 widening project between Joyce Boulevard and the
northern City limits.
(3,000.00)
Cost of this request
5400-0940-6881-02
Account Number
Project Number
Budgeted Item
N/A
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Sale of Assets
Program Category / Project Name
Water/Sewer
Program / Project Category Name
Water and Sewer
Fund Name
3A4/ (j Previous Ordinance or Resolution #
Date
Original Contract Date:
Al ✓ l , ZI ( Original Contract Number:
City Atto nr ey Date
1 24%
Finance and Internal Services Director Date
it -71/
Date
1/
D
Received in City
Clerk's Office 11-04-11 108:49 8 C V D
Comments:
Revised January 15, 2009
ttevi1e
CITY COUNCIL AGENDA MEMO
MEETING DATE OF DECEMBER 6, 2011
THE CITY OF FAYETTEVILLE, ARKANSAS
ARKANSAS
www.accessfayetteville.org
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
Don Marr, Chief of Staff
From: David Jur ens, Utilities Director
V
Water/Sewer Committee
Date: November 3, 2011
Subject: Crossover Road- Northern Section- Springdale Water Utilities Easement Acquisition
RECOMMENDATION
City Administration recommends approving the sale of one permanent and one temporary construction
easements to the Springdale Water and Sewer Commission for the north section of the Highway 265 AHTD
widening project between Joyce Boulevard and the northern City limits.
BACKGROUND
AHTD is widening Crossover Road (Highway 265) between Joyce Boulevard and the northern City limits.
They do not allow utilities to remain inside their easement. The area north of Clear Creek receives water
service from the Springdale. Just like the City of Fayetteville, Springdale is being required to relocate their
utility lines, so they need to acquire land owned by the City for their new easements. This land was
purchased by the Water Department in the 1940's as part of Lake Fayetteville.
DISCUSSION
Springdale is relocating their water lines on the east side of Highway 265. To move their lines, they require
one permanent easement of 0.383 acres on one tract of land valued at $2,400, and one temporary
construction easements valued at $600. The values were established by an appraisal performed by Reed &
Associates, and are consistent with Springdale's offers for the remainder of this project. The City's land
agents have reviewed this easement; it meets all criteria we would apply when acquiring our own easements.
Sale of City property must comply with §34.27 of Fayetteville's Code of Ordinances, which the City
Attorney is recommending be modified due to its complexity and expense. In this case, the cost of
specifically complying with the ordinance as currently written would cost almost as much as the revenues
received from the sale. This proposed sale complies with the City Attorney's recommended modification of
the ordinance, but does not comply with the ordinance as it exists without the proposed modifications.
BUDGET IMPACT
As the land was purchased by the Water/Sewer fund, revenues received from this sale must be entered into
the Water/Sewer fund. This will reflect a $3000 in Water/Sewer revenue.
Springdale Hwy 265 North Easement CCMemo Nov11
RESOLUTION NO.
A RESOLUTION TO APPROVE THE SALE OF A PERMANENT
WATER/SEWER EASEMENT OF 0.383 ACRES AND A TEMPORARY
CONSTRUCTION EASEMENT ADJOINING THE PERMANENT
WATER/SEWER EASEMENT ALONG HIGHWAY 265 TO THE
SPRINGDALE WATER AND SEWER COMMISSION FOR $3,000.00
WHEREAS, due to the widening of Highway 265, the Springdale Water and Sewer
Commission needs to move their mains and thus must acquire new permanent water/sewer
easements and temporary construction easements from property owners along Highway 265
including the City of Fayetteville; and
WHEREAS, Springdale Water and Sewer Commission has offered an appraised value of
$2,400.00 for the permanent water/sewer easement and $600.00 for the temporary construction
easement; and
WHEREAS, our City Land Agents have many years of experience in valuing and
obtaining water/sewer easements, have examined. the Springdale appraisal, and have determined
it is consistent with offers to other land owners and constitutes fair compensation for our
citizens; and
WHEREAS, the City Council finds that the property upon which the easements are to be
granted is no longer needed for municipal purposes other than use as utility easements and that
the property need not be rezoned prior to its sale.
NOW, THEREFORE 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 approves
the sale of a permanent water/sewer easement of 0.383 acres and a temporary construction
easement adjoining the permanent water/sewer easement along Highway 265 to the Springdale
Water and Sewer Commission for $3,000.00 and authorizes Mayor Jordan to execute the
Easement Deed attached to this Resolution to convey these easements to the Springdale Water
and Sewer Commission.
PASSED and APPROVED this 6th day of December, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
11II1Il1111I111l ht1 1 llllI 11111 IM i11111i1111i1i1 i1111ii1
Doc ID: 014369470005 Type: REL
Kind; EASEMENT
Recorded: 01/03/2012 at 01:16:37 PM
Fee Amt: $35.00 Pace 1 of 5
Washlnaton County. AR
Bette Stamps Circuit Clerk
F11e2012-00000073
EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT the undersigned City of Fayetteville, Arkansas, a municipal corporation, Grantor, for and in
consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to us in hand
paid by the Springdale Water and Sewer Commission, Springdale, Arkansas, does hereby grant,
bargain and sell unto the said Springdale Water and Sewer Commission, Springdale, Arkansas, and
unto its successors and assigns, an easement for a water transmission line(s), and/or sewer collection or
force main line(s), over, under or across the hereinafter described land in Washington County, Arkansas,
to -wit:
PROPERTY DESCRIPTION (Parcel No. 765-13206-010):
Adjusted Tract "B" as per Survey Filed at File Record #2007-00030612 of the Records of the
Circuit Clerk and Ex -Officio Recorder, of Washington County, Arkansas):
A part of the Southeast Quarter of the Northwest Quarter and a part of the Southwest Quarter of
the Northwest Quarter Section 18, Township 17 North, Range 29 West, Washington County,
Arkansas, being more particularly described as follows:
Commencing at a found iron pin at the Northwest corner of said Southeast Quarter of the
Northwest Quarter; thence South 87°24'50" East 148.91 feet to a point; thence South 02°35'10"
West 40.44 feet to the POINT OF BEGINNING, said point being twenty-five (25) feet southerly
and perpendicular to the centerline of Ivey Road; thence parallel with said centerline of Ivey
Road South 87°24'50" East 1166.20 feet to the east line of the said Southeast Quarter of the
Northwest Quarter; thence along the said east line of the Southeast Quarter of the Northwest
Quarter South 03°17'49" West 1295.02 feet to the Southeast corner of the said Southeast Quarter
of the Northwest Quarter; thence along the South line of the said (40) acre tract North 87°23'54"
West 1375.78 feet to a point, said point being fifty-five feet (55') easterly of and perpendicular to
the centerline of Arkansas Highway Number 265; thence northerly, parallel to the said centerline
of Arkansas Highway Number 265 along a curve to the left an arc length of 69.95 feet, said
curve having a central angle of 03°20'16" and a radius of 1200.92 feet along with a chord
bearing and distance of North 17°44' 15" West 69.95 feet to a point; thence continuing parallel
with said centerline North 19°27'19" West 832.81 feet to a point and the beginning of a curve to
the right, said curve having a central angle of 19°25'22" and a radius of 763.51 feet; thence
continuing parallel with said centerline along said curve and arc length of 258.82 feet and a
chord bearing and distance of North 09°44'17" West 257.58 feet to a point; thence South
86°19'22" East 402.43 feet to a point; thence North 03°39'50" East 213.06 feet to a point, said
point being twenty-five feet southerly of and perpendicular to the centerline of Ivey Road, thence
parallel to said centerline of Ivey Road South 87°24'50" East 201.09 feet to a point; thence
South 02°35'08" West 102.85 feet to a point; thence North 87°24'50" West 114.47 feet to a
point; thence South 02°35'08" West 165.94 feet to a point; thence South 87°24'50" East 387.78
feet to a point; thence North 02°35'08" East 165.93 feet to a point; thence North 87°24'50" West
263.31 feet to a point; thence North 02°35'08" East 102.85 feet to the POINT OF BEGINNING,
containing 44.90 acres more or less.
Together with a utility easement twenty feet in width with a centerline located 35 feet southerly
of and parallel to the centerline of Ivey Road and a utility easement twenty feet in width with a
centerline located 65 feet easterly of and parallel to the centerline of Arkansas Highway Number
265.
The above described' Tract "B" is a part of the lands conveyed by B.B. and Kate Brogden to The
City of Fayetteville, Arkansas, a Municipal Corporation on July 14th, 1949 said lands being
described in Deed Record Book 402 at Page 263 of the Records of the Circuit Clerk and Ex -
Officio Recorder, of Washington County, Arkansas. The description of which is herewith cited
below:
The southeast quarter of the northwest quarter, and a part of the southwest quarter of the
northwest quarter, and a part of the northwest quarter of the southwest quarter of section eighteen
(18), township seventeen (17) north, range twenty nine (29) west, Beginning at a lime stone rock
at the southwest corner of said northwest quarter of the southwest quarter of section 18, thence
east 525 feet to the center of the Old Missouri Road, for a beginning corner of the lands herein
conveyed, thence north eleven degrees .05 minutes east 373.5 feet, thence north six degrees 35
minutes east 795 feet, thence north six degrees and fifty minutes east 951 feet, thence north two
degrees east 558 feet, thence east 525.22 feet, thence south one hundred sixty rods, thence west
843.18 feet to the place of beginning, containing 77.5 acres, more or less.
PERMANENT EASEMENT DESCRIPTION:
Part of the Fractional Southwest Quarter of the Northwest Quarter and part of the Fractional
Northwest Quarter of the Southwest Quarter of Section 18, Township 17 North, Range 29 West,
Washington County, Arkansas, more particularly described as follows:
Commencing at a half inch rebar being used as the Southeast corner of the Fractional Southwest
Quarter of the Northwest Quarter and also being used as the Northeast corner of the Fractional
Northwest Quarter of the Southwest Quarter of Section 18, Township 17 North, Range 29 West
thence South 02° 40' 21" West along the East line of the Fractional Northwest Quarter of the
Southwest Quarter of Section 18 also being the West line of Lot 48 of Clear Creek Acres, a
Subdivision in Washington County a distance of 128.93 feet to a point on the Easterly right of
way line of Arkansas State Highway 265 as established by AHTD Job 040518 for the POINT OF
BEGINNING; thence North 15°20'09" West along said right of way line a distance of 135.68
feet to a point; thence North 19°04'08" West along said right of way line a distance of 411.27
feet to a point; thence North 20°28'29" West along said right of way line a distance of 198.13
feet to a point; thence North 19°22'12" West along said right of way line a distance of 304.76
feet to a point said point being the beginning of a curve to the right and said point also being on
the East side of an existing 20' easement which is parallel and contiguous with State Highway
265 as shown on a plat of survey which is filed at the Circuit Clerk and Ex -Officio Recorder of
Washington County, Arkansas at File# 2007-00030612; thence leaving the right of way as
established by AHTD Job 040518 and following along said easement a curve distance of 248.35
feet to the right, having a radius of 743.51 feet, the chord of which bears North 09°48'04" West
for a distance of 247.19 feet; to a point on the common line between Washington County,
Arkansas Assessor's Parcel numbers 765-13206-020 & 765-13206-010; thence leaving said
easement line South 86°19'26" East along the common line between Washington County,
Arkansas Assessor's Parcel numbers 765-13206-020 & 765-13206-010 a distance of 1.31 feet to
a point; thence leaving said common line between Washington County, Arkansas Assessor's
Parcel numbers 765-13206-020 & 765-13206-010; thence South 05°12'05" East a distance of
61.56 feet to a point; thence South 13°51'33" East a distance of 187.85 feet to a point; thence
South 20°28'29" East a distance of 499.42 feet to a point; thence South 19°04'08" East a distance
of 411.94 feet to a point; thence South 15°20'09" East a distance of 90.03 feet to a point said
point being on the East line of the Fractional Northwest Quarter of the Southwest Quarter of
Section 18 also being on the West line of Lot 48 of Clear Creek Acres, a Subdivision in
Washington County; thence along said line South 02°40'21" West, a distance of 48.52 feet to the
POINT OF BEGINNING, containing in all 16,684 square feet (0.383 acres) more or less as
shown on plans prepared by Springdale Water Utilities and referenced as SWU 11-005.
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION:
Part of the Fractional Southwest Quarter of the Northwest Quarter and part of the Fractional
Northwest Quarter of the Southwest Quarter of Section 18, Township 17 North, Range 29 West,
Washington County, Arkansas, more particularly described as follows:
Commencing at a half inch rebar being used as the Southeast corner of the Fractional Southwest
Quarter of the Northwest Quarter and also being used as the Northeast corner of the Fractional
Northwest Quarter of the Southwest Quarter of Section 18, Township 17 North, Range 29 West
thence South 02° 40' 21" West along the East line of the Fractional Northwest Quarter of the
Southwest Quarter of Section 18 also being the West line of Lot 48 of Clear Creek Acres, a
Subdivision in Washington County a distance of 80.41 feet to a point on the above described
PERMANENT EASEMENT for the POINT OF BEGINNING; thence North 15°20'09" West
along said easement a distance of 90.03 feet to a point; thence North 19°04'08" West along said
easement a distance of 411.94 feet to a point; thence North 20°28'29" West along said easement
a distance of 499.42 feet to a point; thence North 13°51'33" West along said easement a distance
of 187.85 feet to a point; thence North 05°12'05" West along said easement a distance of 61.56
feet to a point on common line between Washington County, Arkansas Assessor's Parcel
numbers 765-13206-020 & 765-13206-010; thence leaving said easement line South 86°19'26"
East along the common line between Washington County, Arkansas Assessor's Parcel numbers
765-13206-020 & 765-13206-010 a distance of 10.12 feet to a point; thence leaving said
common line between Washington County, Arkansas Assessor's Parcel numbers 765-13206-020
& 765-13206-010 South 05°12'05" East a distance of 59.24 feet to a point; thence South
13°51'33" East a distance of 186.51 feet to a point; thence South 20°28'29" East a distance of
498.96 feet to a point; thence South 19°04'08" East a distance of 412.39 feet to a point; thence
South 15°20'09" East a distance of 59.59 feet to a point said point being on the East line of the
Fractional Northwest Quarter of the Southwest Quarter of Section 18 also being on the West line
of Lot 48 of Clear Creek Acres, a Subdivision in Washington County; thence along said line
South 02°40'21" West, a distance of 32.35 feet to the POINT OF BEGINNING, containing in all
12,337 square feet (0.283 acres) more or less as shown on plans prepared by Springdale Water
Utilities and referenced as SWU 11-005.
Together with the right of ingress and egress across adjacent lands for the purpose of laying, repairing,
inspecting, maintaining, removing, or replacing, said water transmission line(s) and/or sewer collection
or force main line(s), and the right of exercising all other rights necessary to carry out the purposes for
which this Easement is created.
TO HAVE AND TO HOLD the above described easement and rights unto said Grantee, its successors
and assigns, forever or until said right of way is abandoned.
And Grantor agrees to warrant and forever defend all and singular the above described easement and
rights unto said Grantee, its successors and assigns, against every person whomsoever lawfully claiming
or seek to claim the same or any part thereof.
This Easement is declared to and does inure to the benefit of the public generally, and shall be binding
upon the successors in title to the lands herein described or any other part thereof, their mortgagees,
lessees, heirs, administrators, executors, successors, and assigns.
IN WITNESS WHEREOF, the hands and seals of Grantor, are hereunto set this the 6 S— day of
pj , 2011.
CITY OF FAYETTEVILLE, ARKANSAS
Municipal Corporation
nald Jordan, Mayor
ism ; ,P>� C e ,1c
Sondra Smith, City Clerli
� .4, e' \1 Y O,�° °.',` �%
w \ ° ` Ci
�U°° °.23e
FAYETTEVILLE®
-''�-y�,®9,QKANSA °:,
STATE OF ARKANSAS
ACKNOWLEDGMENT
}
}SS
COUNTY OF WASHINGTON }
On this the g}~ day of��?Ce(Y1 ,2011, before me, AC(`QCOa, the
undersigned Notary Public, personally appeared Lionald Jordan and o:ndr Smith, own to me (or
.sa e wi m i strument, who
satisfactorily proven) to be the person whose names are subscribe the ��i
acknowledged themselves to be the Mayor and City Clerk, respectively, of the City of Fayetteville,
Arkansas, a Municipal Corporation, and that they, as such Mayor and City Clerk, being authorized
so to do, executed the foregoing instrument for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
1/1-5/1(f
LlYatl*
Notary Public
EXISTING UTILITY
///////// 7/.
/E
A/ NTUTI /
/ii/iiV
PORARY CONSTUCTIOI
_').EASEMENT:=
THIS EXHIBIT IS A SKETCH DESCRIPTIVE ONLY OF
THE SIZE, SHAPE AND LOCATION OF THE PROPOSED
PERMANENT AND TEMPORARY EASEMENTS AND
DOES NOT CONSTITUTE A PLAT OR SURVEY OF THE
GRANTOR'S PROPERTY.
BASIS OF BEARINGS
AHTD PROJECT 040518
UTILITY EASEMENT PLAT
WASHINGTON CO. ASSESSOR'S PARCEL
765-13206-010
LANDS CONTAINED IN ADJUSTED TRACT B AS PER
SURVEY FILED AT FILE RECORD #2007-00030612
BEING A PART OF THE LANDS CONVEYED BY
B.B. AND KATE BROGDEN TO
THE CITY OF FAYETTEVILLE, ARKANSAS
A MUNICIPAL CORPORATION ON JULY 14TH, 1949
EASEMENT GEOMETRY
& SECTIONAL TIE
tS86°1926"E
10.12'
t S86°19'26"E
1.31'
Chorrdd Bearing = N09°48'04"W
Chord Length = 247.19'
Length of Arc = 248.35'
Radius = 743.51'
tt N 19°22' 12"W
304.76'
Permanent
Utility, Easement
16,684 sq ft
tt N20°28'29"W
198.13'
SCALE 1"=200'
0 50 100 200
t rN 19°04'08"W
411.27'
TT N15°20'09"W
135.68'
P.O.B. FOR
PERMANENT EASEMENT
BIELI = S02°40'21"W 128.93'
N05°12'05"W
61.56'
S05°12'05"E
61.56'
N13°51'33"W
187.85'
S13°51'33"E
187.85'
N20°28'29"W
499.42'
S20°28'29"E
499.42'
S05°12'05"E
59.24'
S13°51'33"E
186.51'
S20°28'29"E
498.96'
Temporary
Construction
Easement
12,337 sq ft
N19°04'08"W S19°04'08"E
411.94' >. 412.39'
S19°04'08"E
411.94'
S15°20'09"E
90.03'
1jE�jE
N 15°20'09"W
.. 90.03'
S15°20'09"E
59.59'
*4IE
�IES02°40'21"W *S02°40'21"W
32.35'
48.52' P.O.B. FOR
TEMPORARY EASEMENT
L2 = S02°40'21"W 80.41'
t The common line between Washington County, Arkansas
Assessor's Parcel numbers 765-13206-020 &
765-13206-010.
.t.t The Easterly right of way line of Arkansas State Highway
265 as established by AHTD Job 040518
RL
R - E RTY VSE
Part of the Fractional. SouthwestQuarter of the'Northwest
RTjy Quarter and part ofthe FractionalNorthwest Quarter of the
Southwest Quarter of Section 1Township 17 North Rang
29 West, Washington County, Arkansas q 0 particularly
described as follows:
$4IE Commencing at a half inch rebar.being used as the Sou has
corner of;the Fractional Southwest Quarter of the Northwest
Quarter and also being used'as the Northeast corner of the
Fractional Northwest Quarter of the Southwest Quarter of
Section 18, Township 17 North, Range 29 West.
SCALE;1"=200'
0 50 100 200
* The'East line of the FractionalNorthwest Quarter of the
Southwest Quarter of Section 18 also being the West line
of Lot 48 of Clear Creek Acres' Subdivision in
Washington County.
East side of an existing 20' e ent which is parallel and
contiguous :with State Highway65 as shown on a plat of
survey which is filed at the C'rc it Clerk and Ex -Officio
Recorder of Washington County, Arkansas at File#
2007-00030612.
CRFS
ARKANSAS, A MUNICIPAL CORPORATION
CITY OF FAYETTEVILLE,
ARKANSAS STATE HIGHWAY AND
TRANSPORTATION DEPARTMENT
WATER MAIN RELOCATION
SOUTH CITY LIMITS - HWY. 1.12
(SPRINGDALE) (S)
JOB 040518
F.A.P.
ROUTE 265 SECTION 2
WASHINGTON COUNTY
Highway 265 Water Relocation Ivey
Lane to Clear Creek Drive
SPRINGDALE WATER UTILITIES
526 OAK ST. - P.O. BOX 769
SPRINGDALE, AR. 72765-0769
(479) 751-5751
DATE, AUGUST, ZOO
APPROVED
DRAWN Br. LPG
SCALE (A: "A,eo)
AHTD
Tract
#41
Letter of Transmittal
To: Matt Casey / City of Fayetteville / Engineering Department
CC: File
From: Mike Imes
Date: 10/25/2011
Re: Easement acquisition for the Highway 265 Water and Sewer Relocation Project —
Ivey Lane South to Clear Creek Drive — Tract No. 41
As discussed by phone earlier this morning, the Arkansas State Highway and Transportation
Department has plans to widen Highway 265 from Highway 412 south to the Fayetteville City
Limits. In doing so, it has become necessary for the Springdale Water Utilities to relocate their
existing mains to outside of the newly acquired rights-of-way which necessitates the acquisition
of additional easements along the route.
Please find enclosed for your use, the appraisal provided by Reed and Associates for the city
property located just south of 5374 North Crossover Road (Arkansas State Highway 265) in
Fayetteville, Arkansas. I have included with the appraisal, the easement document (with exhibit)
that we are trying to secure from the City of Fayetteville as well as a "special consideration form"
reflecting the compensation amounts that the Springdale Water Utilities is offering. To better
understand why we are seeking the additional easement, I have also included plan page which
shows the proposed water main relocation across the City of Fayetteville property in detail.
I do appreciate your offer of getting these documents to the right personnel and I will be happy to
address any questions or concerns that your or anyone else may have regarding them. I may
be reached either by emailing me at mimes(a springdalewater.com or by calling my direct line at
(479) 927-4178 or my cell phone at (479) 856-1503.
Again, I look forward to hearing from you and wish to thank you in advance for your prompt
attention to this matter.
SPRINGDALE WATER UTILITIES
SPECIAL CONSIDERATIONS
Job Title: Highway 265 Water & Sewer Relocation — Ivey Lane South to Clear Creek Drive
Tract No.: 41
Parcel No.: 765-13206-010 W.D. Book 402 Page 263
Property Owner: City of Fayetteville, Arkansas, a municipal corporation (Lionald Jordan, Mayor)
Property Address: East side of S Old Missouri Road just South of Ivey Lane
Springdale, AR 72764
Mailing Address: 113 W Mountain Street
Fayetteville, AR 72701
Phone No. (479)
Phone No. (479) 575-8330
In consideration for the dedication of the easement the Springdale Water Utilities agrees to the following:
1) Monetary compensation per appraisal by Reed & Associates, Inc. is established at: $3,000.00
(Note: Permanent easement @ $2,400.00 + temporary construction easement @ $600.00)
2) Contractor will put the land and barbed wire fencing located within both the permanent utility easement and
the temporary construction easement back to as near original condition as possible and in accordance with
the project plans and specifications.
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 reduced to writing
and signed by the parties hereto. KM
R/W Agent:
Date: 2- • -2,e, 11
Property Owner(s): J � . ` Date: / 9 f
Date:
RESOLUTION NO.
A RESOLUTION TO APPROVE THE SALE OF A PERMANENT
WATER/SEWER EASE ENT OF 0.383 ACRES AND A TEMPORARY
CONSTRUCTION EAS MENT ADJOINING THE PERMANENT
WATER/SEWER EASE NT ALONG HIG. WAY 265 TO THE
SPRINGDALE WATER AN SEWER COMMISS ON FOR $3,000.00
WHEREAS, due to the wideni _ of Highwa 265, the Springdale Water and Sewer
Commission needs to move their mains and thus ust acquire new permanent water/sewer
easements and temporary construction ea ements om property owners along Highway 265
including the City of Fayetteville; and
WHEREAS, Springdale Water and Se e ' Commission has offered an appraised value of
$2,400.00 for the permanent water/sewer ease ent and $600.00 for the temporary construction
easement; and
WHEREAS, our City Land Agen : have many years of experience in valuing and
obtaining water/sewer easements, have exined the Springdale appraisal, and have determined
it is consistent with offers to other land o ers and co stitutes fair compensation for our citizens.
NOW, THEREFORE BE IT RESOLVED ' Y THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ASAS:
Section 1: That the City Co cil of the City of Fa etteville, Arkansas hereby approves
the sale of a permanent water/se er easement of 0.383 res and a temporary construction
easement adjoining the permanen water/sewer easement alo g Highway 265 to the Springdale
Water and Sewer Commission or $3,000.00 and authoriz: Mayor Jordan to execute the
Easement Deed attached to this Resolution to convey these ea— -ments to the Springdale Water
and Sewer Commission.
PASSED and APPROVED this 6th day of December, 2011.
APPROVED:
ATTEST:
By: By:
LIONELD JORDAN, Mayor
SONDRA E. SMITH, City Clerk/Treasurer
E • SEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT the undersigned City of Fayetteville, Arkan as, a municip corporation, Grantor, for and in
consideration of the sum of One Dollar ($1.00) and of er good and aluable consideration to us in hand
paid by the Springdale Water and Sewer Commissi n, Spri dale, Arkansas, does hereby grant,
bargain and sell unto the said Springdale Water and Se ' er C .. mission, Springdale, Arkansas, and
unto its successors and assigns, an easement for a water tr.. s ssion line(s), and/or sewer collection or
force main line(s), over, under or across the hereinafter desc bed land in Washington County, Arkansas,
to -wit:
PROPERTY DESCRIPTION (Parcel No. 765-13206-0. 0):
Adjusted Tract "B" as per Survey Filed at Fil Record #2017-00030612 of the Records of the
Circuit Clerk and Ex -Officio Recorder, of Wa. ington County, Arkansas):
A part of the Southeast Quarter of the No west Quarter and a .. rt of the Southwest Quarter of
the Northwest Quarter Section 18, Tow ship 17 North, Range -9 West, Washington County,
Arkansas, being more particularly descried as follows:
Southeast Quarter of the
t; thence South 02°35'10"
-five (25) feet southerly
said centerline of Ivey
.20 feet to the east line of the said So theast Quarter of the
the said east line of the Southeast Qu. 1 er of the Northwest
1295.02 feet to the Southeast corner of the sa • Southeast Quarter
ce alongthe South line of the said (40) acre tra\t North 87°23'54"
said point beingfifty-five feet (55') easterly of an. perpendicular to
ighway Number 265 • thence northerly, parallel to th', said centerline
of Arkansas Highway Number 265 along a curve to the left an arc length of .'.95 feet, said
curve having a central jangle of 03°20' 16" and a radius of 1200.92 feet along ith a chord
bearing and distance of North 17°44'15" West 69.95 feet to a point; thence contin ing parallel
with said centerline North 19°27'19" West 832.81 feet to a point and the beginning of a curve to
the right, said curve having a central angle of 19°25'22" and a radius of 763.51 feet; thence
continuing parallel with said centerline along said curve and arc length of 258.82 feet and a
chord bearing and distance of North 09°44' 17" West 257.58 feet to a point; thence South
86°19'22" East 402.43 feet to a point; thence North 03°39'50" East 213.06 feet to a point, said
point being twenty-five feet southerly of and perpendicular to the centerline of Ivey Road, thence
p ra1i 1 to said centerline of Ivey Road South 87°24'50" East 201.09 feet to a point; thence
Commencing at a found iron pin at he Northwest corner of sai
Northwest Quarter; thence South 87° 4'50" East 148.91 feet to a poi
West 40.44 feet to the POINT OF B ` GINNING, said point being twen
and perpendicular to the centerli of Ivey Road; thence parallel with
Road South 87°24'50" East 116
Northwest Quarter; thence alo g
Quarter South 03°17'49" Wes
of the Northwest Quarter; th-
West 1375.78 feet to a poin y
the centerline of Arkansas g y
c