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Home My WebLink About88-12 RESOLUTIONRESOLUTION NO. 88-12 A RESOLUTION AUTHORIZING TRANSFER OF A NATURAL GAS EASEMENT ON CITY PROPERTY ADJACENT TO HIGHWAY 16 TO SOURCEGAS ARKANSAS INC. AS PART OF THE HIGHWAY 16 IMPROVEMENT PROJECT 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 authorizes transfer of a natural gas easement on city property adjacent to Highway 16, and as more particularly described in the attached Exhibit "A", to SourceGas Arkansas Inc. as part of the Highway 16 Improvement Project. PASSED and APPROVED this 1st day of May, 2012. APPROVED: B ATTEST: 13y: SONDRA E. SMITH, City Clerk/Treasurer G� OF a • a FAYE I 1 EV!LLE _ . a G9F ,�r�!lf Jt ill1i11tii k'a Parcel No. 765-19940-000 Tract No. 35 Happy Hollow Road, Fayetteville, Arkansas Project NATURAL GAS 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 SourceGas Arkansas Inc., an Arkansas Corporation, whose address is 655 E. Mil!sap, Suite 104, Fayetteville, Arkansas 72703, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to survey, construct, install, inspect, maintain, renew, repair, remove, replace and operate pipeline(s) and appurtenances, including all above -ground structures associated therewith, for the transportation of natural gas or any other substance which can be transported by pipeline, in on, over under, upon and through the following described lands situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: iwii�u�u�p�mmmm�n�iu�u�ury Doc ID 014624970003 Type: REL Kind EASEMENT Recorded: 06/05/2012 at 02:03:07 PM Fee Amt: $25.00 Page 1 of 3 Washington County. AR Bette Stamps Circuit Clerk Fi1e2012-00015987 Part of Lot 2, Final Replat of Fayetteville Industrial Park which is also part of the Southwest Quarter of the Northwest Quarter of Section 23, Township 16 North, Range 30 West, Washington County, Arkansas. PERMANENT EASEMENT DESCRIPTION: A Thirty (30) foot permanent easement beginning in the Northwest corner, thence running Southwest approximately two hundred eighteen (218) feet and ending in an already existing gas easement. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A Twenty (20) foot temporary construction easement adequate to lay the line. 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 pipeline and appurtenances or any part 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. The Grantor agrees not to erect any buildings or structures in said permanent easement. Upon completion of construction activities, the Grantee shall restore all disturbed areas or facilities to like or better conditions prior to the commencement of construction activities. 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. 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. GAS EASEMENT Page 2 of 2 WITNESS the execution hereof on this the 1 day of ATTEST: f.‘° c., Y�i, 9.�,s -0 o r O Y� E :FAYETTEVILLE; l';',,-)7tP2P./CA tit \ftV7 p6opikci: 6/mg/ Sondra Smith, City Clerk By: X0/1 , -z04f. CITY OF F ` YETTEVIL� - , ARKANSAS A Muni al Corporatio Li • eld Jorda . nor [SEAL] ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF BE 1T REMEMBERED that on this date, before the uridersigge¢ yc �miss4 on ding Notoary Public within and for said County and State, personally appeared �1t1P are the well known y the ,personsespwho executed they of Faying document, and who ete� Fayetteville, Arkansas, a Municipal I Corpor t and on a and are duly authoriMayor ed n and City Cleve capacities of the executeCthe Y instrurnent their pas, and urther sta to and that they had so signed, executed and bdelivered said instrumentforFayetteville, the Arkansas, and further stated and acknowledged consideration, uses and purposes therein mentioned and set forth. W�'� .- WITNESS my hand and seal on this day of OA MY COMMISSION EXPIRES: Easement Legal Descriptions Furnished and written by: Roller Land Services, LLC Nancy Roller Barbara Fairbanks \iw kk i34111 Notary Public WARFORD DR. SourceGas Arkansas Inc. DRAWN: KS DATE: 1/27/2012 SCALE: 1"•60' FILENAME: 11-188.DGN Parcel No. 765-15258-000 Tract No. 43 Happy Hollow Road, Fayetteville, Arkansas Project NATURAL GAS 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 SourceGas Arkansas inc., an Arkansas Corporation, whose address is 655 E. Millsap, Suite 104, Fayetteville, Arkansas 72703, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to survey, construct, install, inspect, maintain, renew, repair, remove, replace and operate pipeline(s) and appurtenances, including all above -ground structures associated therewith, for the transportation of natural gas or any other substance which can be transported by pipeline, in on, over under, upon and through the following described lands situated in the County of Washington, State of Arkansas, to -wit: IWIWVNIIIAIbIIYIIIYIIgIIIIYIIIqII Doc ID: 014624980003 Type: REL Kind EASEMENT Recorded: 06/05/2012 at 02:03:39 PM Fee Amt: $25.00 Page 1 of 3 Washington County. AR Bette Stamps Circuit Clerk F11e2012-00015988 PROPERTY DESCRIPTION: (Deed reference Book 98 Page 36970) Part of the West Half of the Southwest Quarter of the Southeast Quarter of the Northwest Quarter of Section Twenty-three in Township Sixteen North of Range Thirty West, more particularly described as follows, to - wit; Commencing at the Southwest corner of said five acre tract and running thence East 290 feet; thence North 370 feet; thence West 255 feet; thence North 170 feet; thence West 35 feet; thence South 540 feet to the point of beginning, containing 2.60 acres, more or less. PERMANENT EASEMENT DESCRIPTION: A Twenty (20) foot permanent easement beginning forty-five (45) feet from the Northwest corner, thence running South approximately one hundred ninety-three (193) feet and ending, all being adjacent and parallel to the East Right -of -Way of Warford Drive, Fayetteville, Arkansas. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A Twenty (20) foot temporary construction easement adequate to lay the line. 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 pipeline and appurtenances or any part 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. The Grantor agrees not to erect any buildings or structures in said permanent easement. Upon completion of construction activities, the Grantee shall restore all disturbed areas or facilities to like or better conditions prior to the commencement of construction activities. 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. 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. GAS EASEMENT Page 2 of 2 1c/1 (. , WITNESS the execution hereof on this the g day of _ - 289-1•: ATTEST: Sondra Smith, City Clerk zegmaL B CITY OF AYETTEV E, ARKANSAS A Mu pal Cor Li■ eld Jar yor [SEAL] ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF ) BE IT REMEMBERED, that on this date, before the updersiQ �ly c missioned aid acting Notary Public 1I�Z �ejl n��e-Srni,1'� , to me well within and for said County and State, personally appeared t7f1 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 Arkansas, respectivea,ancapacities tdexecute nd acknowledged that they had sinstrument or and in o signed, executed and he name and bde! def livered saki inf said strurnentof Fayetteville, the Arkansas, and further stated consideration, uses and purposes therein mentioned and set forth. 0101)-J — WITNESS my hand and seal on this �1(day of , 2814. - MY COMMISSION EXPIRES: 9- R --010 l_1 Easement Legal Descriptions Furnished and written by: Roller Land Services, LLC Nancy Roller Barbara Fairbanks i`c° 4ss\or� ��s- 01-• Notary Publicl�lJ�1 yoD NoTAr� sQ :• y* fjrf0;4 laf ' �� WARFORD DR. T/E TO EX/STING /X4" #YR,4P •• 1 f • • - V5 , , 1 •�_ 1 ,'• , 1• c, 4' 115 ok°44 PROPOSED 2" PL.4ST/C 1 I � • *I I I, 2PROPOSED C4S E 4IT T/E TO EX/STING " IVR.4P 4491.35 sa Fr. TOTAL (.54,4 SourceGas Arkansas Inc. CITY OF FAYETTEVILLE TRACT 43 GAS ESMT. EXHIBIT DRAWN: KS DATE: 1/27/2012 SCALE: r•60' FILENAME: 11-188.DGN Chris Brown Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 5/1/2012 City Council Meeting Date Agenda Items Only Engineering Division Action Required: Development Services Department Dedication of easements to SourceGas for installation of gas lines on City property adjacent to Highway 16, as part of Highway 16 improvements. Cost of this request Account Number Project Number Budgeted Item Category / Project Budget Transportation Bond Street Improvements Program Category / Project Name Transportation Bonds Funds Used to Date Program / Project Category Name 2006A Sales Tax Construction Remaining Balance Fund Name Budget Adjustment Attached Department Dir for 40,3 _ Finance and Internal Services Director ertilk Date Date 4-i2.-2.012 Date V- /J--2- Date .4r4.7--- te Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Comments: Revised January 15, 2009 "Fr‘..t�ville THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org MEMO To: Mayor Jordan and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Director of Development Services From: Chris Brown, City Engineer Q3 Date: April 11, 2012 Subject: Dedication of Natural Gas Easements on City Property PROPOSAL: As part of improvements to Highway 16, SourceGas will be relocating natural gas lines in advance of widening and improvements by the Arkansas Highway and Transportation Department. SourceGas needs easements across City property on either side of the entrance to the City Shop/Solid Waste and Recycling Facility in order to complete their necessary relocations. RECOMMENDATION: Dedication of these easements to SourceGas is recommended to allow them to proceed with relocations. BUDGET IMPACT: None RESOLUTION NO. A RESOLUTION AUTHORIZING TRANSFER OF A NATURAL GAS EASEMENT ON CITY PROPERTY ADJACENT TO HIGHWAY 16 TO SOURCEGAS ARKANSAS INC. AS PART OF THE HIGHWAY 16 IMPROVEMENT PROJECT 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 authorizes transfer of a natural gas easement on city property adjacent to Highway 16, and as more particularly described in the attached Exhibit "A", to SourceGas Arkansas Inc. as part of the Highway 16 Improvement Project. PASSED and APPROVED this 1St day of May, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer