The URL can be used to link to this page

Home My WebLink About17-13 RESOLUTIONRESOLUTION NO. 17-13 A RESOLUTION AUTHORIZING THE TRANSFER OF AN EASEMENT INTEREST TO OZARKS ELECTRIC COOPERATIVE CORPORATION ON CERTAIN CITY -OWNED PROPERTY IN VETERANS PARK TO PROVIDE FOR A RELOCATION OF ELECTRICAL UTILITY SERVICE WHEREAS, Ozarks Electric Cooperative Corporation provides electrical service to certain city -owned amenities in Veterans Park; and WHEREAS, the current electric line is being relocated out of an open play area to a location along an adjacent roadway; and WHEREAS, pursuant to the requirement of Section 34.27(B) of the Code of Fayetteville, the City Council specifically finds that the new proposed easement interest along the adjacent roadway is no longer needed for municipal purposes; 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 transfer of an easement interest to Ozarks Electric Cooperative Corporation as described in the attached draft "Electrical Distribution Line Easement" which is incorporated into this Resolution as Exhibit "A", and further authorizes the Mayor and City Clerk to execute any necessary documents to effectuate the transfer of the easement interest. PASSED and APPROVED this 15"' day of January, 2013. APPROVED: By4/I(AELDA06AN, Mayor ATTEST: By: L",� ArL'i'a, SONDRA E. SMITH, City Clerk/Treasurer Parcel No. 765-13206-100 Parcel No. 765-15612-000 ELECTRICAL DISTRIBUTION 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 Ozarks Electric Cooperative Corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to place, construct, operate, repair, maintain, relocate, or replace an electrical distribution line on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Book 404 at Page 44) I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII III I I II IIII Doc ID: 014996950004 Type: REL Kind: EASEMENT Recorded: 01/25/2013 at 08:47:32 AM Fee Amt: $30.00 Pape 1 of 4 Washington County, AR Kyle Svlvester Circuit ( C��ljje��r]]k((��]]'% File2013-00VVLVL r The West Half of the Northwest Quarter and the North Half of the Northeast Quarter of the Northwest Quarter of Section Twenty -Four (24) and the South Half of the Southeast Quarter of the Southwest Quarter of Section Thirteen (13) all in Township Seventeen (17) North of Range Thirty (30) West, containing One Hundred Twenty -One (121) acres, more or less. PERMANENT EASEMENT DESCRIPTION: An underground easement 15 feet in width 7 1/2 feet either side of the centerline of an electric line as staked and built and an overhead easement 30 feet in width 15 feet either side of the centerline of an electric line as staked and built and as shown on the attached Exhibit. 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 electrical power line(s) are maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. Grantee shall further have the right to cut, trim and control, within said easement, the growth of trees and other vegetation that may interfere with or threaten to endanger the operation and maintenance of said line or system. The undersigned Grantor hereby covenants that it is lawfully seized of said lands and will forever warrant and defend the title to said lands against all legal claims whatsoever. 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 lines and/or cables, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that above ground appurtenances 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 electrical power 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. - T EXHIBIT= -_ !. A ELECTRICAL DISTRIBUTION LINE EASEMENT Page 2 of 2 WITNESS the execution hereof on this the ■tiw��tE vo4 :IIIY':11TvllIt ;17, ter• ATTEST: Sondra'Smith, City Cleric STATE OF ARKANSAS COUNTY OF WASHINGTON L 5 ±1 day of , 2012. CITY OF FAYETTEVILLE, ARKANSAS By: ACKNOWLEDGMENT E11 [SEAL) 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 Lioneld Jordan 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 /0 day of 201f MY COMMISSION EXPIRES D TAf?y =v. All - PUB L%G • `� ri�CJ.• . `s c� �1 . Pam\`. W A 1% a ffiv) Notary Public LOCAmON NUMBER 192434O0 PriVoltage x 7.2_14.4 METER PEDESTAL No AMR SIETC!-I geloc" live Ex�xi6 + 4 C I OC2> H OZARKS ELECTRIC COOPERATIVE CORPORATION 1394143 AD04SS VAP LAC SC HOCk ow sHEECT 1 Gt 2 -e.a�+ .q+ea "OW EAPa 18244445 mcc-e- 6% s7Als&D GlA DATE 1211012012 s_i:w Lazy BL.K+ PHSi ss- TNp R R7:-5I'A`ED DATE tors .Yvwm PmAzE 1 "D 1 SIZE VD KIND URD RULINGSPAN _ LINE SECTION CHBCKED CA-rE ACIDTYRE PARSE.1 In I 822E Vo KIC LIRA RLIV+DSPAN SASEM . Gm DATE 12f712D42 Pote-A6 I POtp -m Rw I Pnrs I P m&w I TSAN* .: AW'-M 41&sfflqr M.ie air ko ND skx CsFARP4 RL^ UKR V' Ms £ F' SPAtJ &PAN JNTTS SPAPI VI.Ts l VANtAw":6 VATS U� C0.0eR' 7CQK SCHEDULED DATE LOCATE ununES YES HICi7WAYPERMIT No REL FOR CONST RATE CODE CONST COMP LIGHT CODE FOREMAN METER ROUTE ^� INSPECTED SUBSTATION NUMBER (5001UR24 (601BORE LOCAT)ON NUMBER 19243400 Pri Voltage x 7.2 14.4 METER PEDESTAL No AMR SKETCH P'. 14 OZARKS ELECTRIC COOPERATIVE CORPORATION NAME RELOCA7E.M_12,M ;vo;4%Lcr�LMITS WORK ORDER NO 1394143 A00RESS VAPWc SCI.DOLMT SHEET 2 of 2 TES�A-0,cE HOWE 'ArWA W-Aft 1 D24490 rsx coos so suzo GM DATE 12/1012012 SJficv. iws etys ftqs. TwF 11 RE�. NeD - DATE E;IN Wvz PHASE 1 NO I SIZE ltO KIND URD_ FWLINGSPAN LINE SECTION C". Ecyzo CIATrE ADD VYWa RIAWE NO 1 SEE !to CUD qm- wa-mr, wm uzzww _---q-m PATE z 00 10 fi NJ 49,6 zi w 0 GO Er Cc CL 68,000 S.F. 6 F 173 li 80 ZJ017RG%f Ulu. 01": 1- 100 4800 g49O- * 5 Washington County, AR i certify this instrument was filed on 01 /25/2013 08:47:32 AM and recorded In Real Estate File Number 2013-00002627 Kyle Sylvester - Circuit Clerk by City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 1 /15/2013 City Council Meeting Date Agenda Items Only Alison Jumper Park Planning Parks and Recreation Submitted By Division Department Action Requirea: Idon granting Ozarks Electric Cooperative an underground 15' easement, 7.5' from centerline both sides line and an overhead 30' easement 15' from centerline both sides of electric line as shown the attached A. N/A Cost of this request N/A Account Number N/A Project Number Budgeted item N/A Category / Project Budget Program Category / Project Name $ - N/A Funds Used to Date Remaining Balance Budget Adjustment Attached Program / Project Category Name N/A Fund Name rz -2:1-LZ Previous Ordinance or Resolution # Date t 2 2�- / 2-- Original Contract Number: Date PCLA 0- 1 2. - Z 8 - 2014- Finance and Internal Services Director Date Received in City Clerk's Office I Date FJ@t Received in¢ fly Mayor's Office 10 bate Revised January 15, 2009 L• a'ye r;l�ARILANSAS� CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan, City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director From: Alison Jumper, Park Planning Superintendent 66 Date: December 27, 2012 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Subject: Agenda Request for January 15, 2013 City Council Meeting Easement for Electric Line at Veterans Park PROPOSAL: Veterans Park at Lake Fayetteville is located at 4451 N. Vantage Drive. Several amenities are located in Veterans Park including a large pavilion, playgrounds, multi -use trail, restroom and sand volleyball courts. Ozarks Electric Cooperative serves the park with electricity to the pavilion, restroom and volleyball courts. The electric line is currently being relocated out of an existing open play area to follow the road. An easement for the relocated line is needed to allow Ozarks Electric Cooperative access to provide the electrical service and make repairs, if necessary. RECOMMENDATION: Staff recommends granting Ozarks Electric Cooperative an underground 15' easement, 7.5' from centerline both sides of electric line and an overhead 30' easement 15' from centerline both sides of electric line as shown the attached Exhibit A. BUDGET IMPACT: None. Attachments: Staff Review Easement Document Exhibit A RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF AN EASEMENT INTEREST TO OZARKS ELECTRIC COOPERATIVE CORPORATION ON CERTAIN CITY -OWNED PROPERTY IN VETERANS PARK TO PROVIDE FOR A RELOCATION OF ELECTRICAL UTILITY SERVICE WHEREAS, Ozarks Electric Cooperative Corporation provides electrical service to certain city -owned amenities in Veterans Park; and WHEREAS, the current electric line is being relocated out of an open play area to a location along an adjacent roadway; and WHEREAS, pursuant to the requirement of Section 34.27(B) of the Code of Fayetteville, the City Council specifically finds that the new proposed easement interest along the adjacent roadway is no longer needed for municipal purposes; 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 transfer of an easement interest to Ozarks Electric Cooperative Corporation as described in the attached draft "Electrical Distribution Line Easement" which is incorporated into this Resolution as Exhibit "A", and further authorizes the Mayor and City Clerk to execute any necessary documents to effectuate the transfer of the easement interest. PASSED and APPROVED this 151h day of January, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer