HomeMy WebLinkAbout100-14 RESOLUTIONRESOLUTION NO. 100-14
A RESOLUTION TO AUTHORIZE THE CONVEYANCE OF UTILITY
EASEMENTS TO THE CITY OF ELKINS FOR WATER AND SEWER LINE
RELOCATIONS FOR THE HIGHWAY 16 BRIDGE 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
the Mayor to execute the utility easements attached hereto as Exhibits "A" and "B" in favor of
the City of Elkins for the purpose of relocating water and sewer lines on property owned by the
City of Fayetteville as required for the Highway 16 bridge project.
PASSED and APPROVED this 20th day of May, 2014.
APPROVED: ATTEST:
eidikijAti
LI I NELD JO '. 5
, Mayor
By: ��-
SONDRA E. SMITH, City Clerk/ Kcowttt ,,
..•§A. • G\TYd"9i
ve dB 4
r 1
y
:,.' els
s,'/I,/,it.'�ii�tiS�i���,
Parcel No. 765-13188-000
Parcel No. 765-13178-000
North Side of Highway 16
EXHIBIT
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
11
ll OII III
ni
1111
w
i
11
II
Doc ID 015812960003 Type REL
Kind EASEMENT
Recorded: 07/17/2014 at 02:59:56 PM
Fee Amt: $25.00. Page 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File2014-000181 10
THAT WE, 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 City of Elkins,
Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto
Grantee's successors and assigns, a permanent easement and a temporary
construction and grading easement to construct, lay, remove, relay, inspect, enlarge
and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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:
A part of the W1/2 of the W% of Section 22 and a part of the EV2 of the E% of Section 21, ALL in T -16-N, R-
29 -W, as described in Deed Book 535 at Page 276 and in Deed Book 544 at Page 353 of the records of
the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas.
PERMANENT EASEMENT DESCRIPTION:
A 30 foot permanent utility easement of equal and uniform width, being more particularly described as
follows: From the NW corner of SEY4 of the SE%4 of said Section 21, thence South 2°42'15" West — 234.35
feet to a point on the North Right of Way line of Arkansas Highway 16, thence along said North Right of
Way line South 55°56'34" East — 48.17 feet, thence continuing along said North Right of Way line South
55°56'59" East — 196.00 feet, thence leaving said North Right of Way line North 34°03'01" East — 20.00
feet to the POINT OF BEGINNING, thence North 34°03'01" East — 30.00 feet; thence South 55°56'59"
East — 964.30 feet; thence South 34°03'01" West — 30.00 feet; thence North 55°56'59" West — 964.30 feet
to the POINT OF BEGINNING, containing 28,929 square feet (0.66 acres), more or less.
The basis of bearings used for the above described 30 foot permanent utility easement is referenced from
AHTD Job 040641.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
A 15 foot temporary construction easement of equal and uniform width located along the North side of the
above permanent utility easement, PLUS two additional 45' x 60' temporary construction easements
located at both the East and West ends of this said described 15 foot temporary construction easement,
and in ALL contains 19,864 square feet (0.46 acres), more or less.
Together with the rights, easements, and privileges in or to said !ands which may be required for the full enjoyment of
the rights herein granted.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any permanent
structure presently located within said temporary construction and grading easement area.
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.
WATER/SEWER EASEMENT
Page 2 of 2
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.
WITNESS the execution hereof on this the 20 day of
ATTEST:
Sondra Smith, City Clerk
, 2014,
CITY OF F YETTEVILLE, ARKANSAS
A Munic;,•al Corporatio
[SEAL]
STATE OF ARKANSAS
COUNTY OF
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 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 City of
Fayetteville, Arkansas, 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 d I- day of tifk/ , 2014.
MY COMMISSION EXPIRES:
�c-
30 -At -VD
1
NW CORNER
SE1/4, 5E1/4
SECTION 21
T -16-N, R -29-W
45' X 60'
TCE
?Of)
EXHIBIT "A"
UTILITY EASEMENT PLAT
NORTH SIDE HWY 16
PUE 28,929 SQ. FT.
(0.66 AC.)
TCF - 19,864 SQ. FT.
(0.46 AC.)
40 Acre tine
Lake Sequoyah
City of Fayetteville
SESE
21-16-29
94.445-.x,
SCALD 1' = 170'
City of Fayetteville
NO.
DIRECTION
DISTANCE
Li
S 55°56'34 E
48,17'
L2
S 55°56'59' E
196,00'
L3
N. 34°03'01' E
20,00'
L4
N 34°03'01' E
30,00'
L5
S 34°03'01" V/
30.00'
9
6‘st
*??3°,, s',••••
45' X 60'
TCE
City of Fayetteville
LEGEND
Permanent Utility Easement
• — Corner of Permanent Utility Eosement
765-13188-000 & 765-13178-000 — Tax Parcel Number
535-276 & 544-353 — Deed Books & Pages
Temporary Construction Easement
— Existing Hwy Right of Way Marker
PUE — Permanent Utility Easement
TCE Temporary Construction Easement
CITY OF
FA YETTEVILLE
Water & Sewer Department
Property Owner : Cit
y of Fayetteville
Drown by : McClellan
Date: April 2014
d Consulting Engineers
Scale : 1" = 170'
Project Nome :
Ar Hwy 16 W/S Line Relocotion
No.I Revisions 1 Date
Project No. 122109
AHTD Tract No. 4
North side Hwy. 16
Washington County, AR
1 certify this instrument was filed on
07/17/2014 02:59:56 PM
and recorded in Real Estate
Pile Number 2014-00018110
Kyle Sylvester - Circuit Clerk
by
Parcel No. 765-13197-000
Parcel No. 765-13178-000
South Side of Highway 16
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE, 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 City of Elkins,
Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto
Grantee's successors and assigns, a permanent easement and a temporary
construction and grading easement to construct, lay, remove, relay, inspect, enlarge
and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and
appurtenances thereto, on, over, across, and under the following described land
situated in the County of Washington, State of Arkansas, to -wit:
11111111111111111111111111111111111111111111111111111111111111111111111111111111
Doc ID: 015812970003 Type: REL
Kind: EASEMENT
Recorded: 07/17/2014 at 03:00:09 PM
Fee Amt: $25.00 Page 1 of 3
Washington County, AR
Kyle SylvesteriCircuit Clerk 1 i
Fi1e2014-00018111
PROPERTY DESCRIPTION:
A part of the SEV4 of the SEY4 of Section 21 and a part of the SW% of the SWY4 of Section 22 and a part
of the NW% of the NW% of Section 27 and a part of the NE% of the NEY4 of Section 28, ALL in T -16-N, R-
29 -W, as described in Deed Book 522 at Page 368 of the records of the Circuit Clerk and Ex -Officio
Recorder of Washington County, Arkansas.
PERMANENT EASEMENT DESCRIPTION:
A 20 to 25 foot wide permanent utility easement of variable width, being more particularly described as
follows: From the SW corner of said Section 22, thence South 2°56'39" West — 64.02 feet to a corner of
the City of Fayetteville Property, thence along the East line of said Property North 59°50'39" East — 172.92
feet, thence continuing along the East line of said Property North 30°25'39" East — 136.44 feet to the
POINT OF BEGINNING, thence continuing along the East line of said Property North 30°25'39" East —
21.28 feet to a point on the South Right of Way line of Arkansas Highway 16; thence along said South
Right of Way line North 79°31'40" West — 146.41 feet; thence continuing along said South Right of Way
line North 74°24'15" West — 213.92 feet; thence continuing along said South Right of Way fine North
64°33'04" West — 216.31 feet; thence continuing along said South Right of Way line North 56°17'44" West
— 151.00 feet; thence leaving said South Right of Way line South 33°42'16" West — 25.00 feet; thence
South 58°10'27" East — 152.52 feet; thence South 64°33'04" East — 219.47 feet; thence South 74°24'15"
East — 216.54 feet; thence South 79°31'40" East — 140.04 feet to the POINT OF BEGINNING, containing
14,942 square feet (0.34 acres), more or less.
The basis of bearings used for the above 20 to 25 foot wide permanent utility easement is referenced from
AHTD Job 040641.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
A 15 foot temporary construction easement of equal and uniform width located along the South and West
sides of the above 20 to 25 foot wide permanent utility easement and containing 11,537 square feet (0.26
acres), 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.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any permanent
structure presently located within said temporary construction and grading easement area.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline 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.
WATER/SEWER EASEMENT
Page 2 of 2
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.
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 day of 2014.
ATTEST:
By:
CITY OF F YETTEVILLE, ARKANSAS
A Munici r I Corporation
Oapat.a. 4,11,14,t6
Sondra Smith, City Clerk
[SEAL]
STATE OF ARKANSAS
COUNTY OF
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 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 City of
Fayetteville, Arkansas, and further stated and acknowledged that they had so signed, executed and delivered said
instrument for the consideration, uses and purposesurtherein mentioned and set forth.
WITNESS my hand and seal on this I9 'I day of M , 2014.
Notary Public
MY COMMISSION EXPIRES:
HIGHWAY
R/W MARKER
'`.�✓ ( Typical )
? lam%%P �. \ ,„��.�
” N. • \
/0,
3�a
EXHIBIT "A"
UTILITY EASEMENT PLAT
SOUTH SIDE HWY 16
City of Fayetteville
N.
N.
Ssa
.45-,4)--1, g, .. _
S, � '� 4/64
M
SCALE' 1' = 120'
oaf
j
PUE -- 14,942 SQ. FT.
(0.34 AC.)
TCE - 11,537 SQ. FT.
(0.26 AC.)
SWSW
22-16-29
''6,x, N 213, IS•W
ARK R.
SESE
21-16-29
V Section 21
Section
NO,
DIRECTION
DISTANCE
Li
N 30°25'39" E
21,28'
L2
S 33°42'16" W
25:00'
Ss4s
e
6
N79.31'40*
146 41' W
20' pVE--•.
siVir
City of Fayetteville
SW CORNER
SW1/4, SW1/4
SECTION 22
T -16-N, R -29-W
LEGEND
Permanent Utility Easement
• — Corner of Permanent Utility Easement
765-13197-000 & 765-13178-000 --- Tax Parcel Number
522-368 --- Deed Book & Page
.w
°. POB
1,)
Section 22
Section-27—
Basis
ection_27_..
Basis of Bearings:
Based on the AHTD
Job 040641
Coordinate System
Temporary Construction Easement
— Existing Hwy Right of Way Marker
PUE — Permanent Utility Easement
TCE Temporary Construction Easement
CITY OF
FA YETTEVILLE
Water & Sewer Department
Property Owner : City of Fayetteville
Drawn by :
McClelland Consulting Engineers
Date: April 2014
Scale : 1" = 120'
Project No. 122109
AHTD Tract No. 4
Project Nome :
Ar Hw 16 W/S Line Relocation
No, Revisions Date
South side Hwy. 16
Washington County, AR
1 certify this instrument was filed on
07/1712014 03:00A9 PM
and recorded in Real Estate
File Number 2014-00018111
Kyle Sylvester-it Clete
by
Matt Casey
Submitted By
City of Fayetteville Item Review Form
2014-0178
Legistar File Number
5/20/14
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Action Required:
Development Services
Department
Approval of a resolution granting Utility Easements to City of Elkins for water and sewer relocations
for the Highway 16 bridge project.
Does this item have a cost?
No
Cost of this request
Account Number
Project Number
Budgeted Item?
No
Category or Project Budget Program or Project Name
$0.00
Funds Used to Date Program or Project Category
$0.00
Remaining Balance
Budget Adjustment Attached?
No
Fund Name
Previous Ordinance or Resolution #
Original Contract Number:
ents:
pc,1. �.�.�.
Niyy[tcP
9 -2_2•2_011
V20130812
CITY OF
a1tLeviieF SAS
MEETING OF MAY 20, 2014
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Jeremy Pate, Director of Development Services
Chris Brown, City Engineer
FROM: Matt Casey, Engineering Design Manager
DATE: April 21, 2014
SUBJECT: Utility Easements for City of Elkins
RECOMMENDATION:
Staff recommends approval of a resolution granting Utility Easements to City of Elkins for water
and sewer relocations for the Highway 16 bridge project.
BACKGROUND:
AHTD is replacing the Highway 16 bridge across the Middle Fork of the White River. As part of
the utility relocations for this project, the City of Elkins will be relocating a water line and a sewer
force main. The City of Fayetteville owns the property on both sides of the bridge in this
location. Utility easements are necessary for the water and sewer relocations.
DISCUSSION:
McClelland Consulting Engineers have prepared the easement documents which are attached
along with a letter from the Mayor of Elkins. The easement request has been reviewed by the
Parks Department and the Water and Sewer Department. Both departments are in agreement
with the dedication of the utility easements on this property.
BUDGET/STAFF IMPACT:
There will be no budget impact for this item.
Attachments:
Letter from the Mayor of Elkins
Easement documents
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayettevi lle-a r.gov
April 1, 2014
City of Elkins
Mayor- Bruce Ledford
bruceledford@elkins.arkansas.gov
Office Manager: Gaya Stahman
gaylastahman@elkins.arkansas.gov
www.elkins.arkansas.gov
Mayor Lioneld Jordan
City of Fayetteville
113 W Mountain St.
Fayetteville, AR 72701
Re: Easements at Lake Sequoyah
Dear Mayor Jordan
1874 Stokenbury Rd
Elkins AR 72727
479-643-3400 Phone
479-643-3368 Fax
The Arkansas Highway and Transportation Department has advised the City of Elkins that they
intend to replace the Highway 16 Bridge across the Middle Fork of White River. This is at the
upper end of the Lake Sequoyah property owned by the City of Fayetteville.
In order to accommodate this bridge work, the City of Elkins needs to replace a segment of its
water main on the south side of Highway 16, east of the river. Elkins also needs to replace a
segment of its sewage force main, which currently is attached to the north side of the existing
bridge. McClelland Consulting Engineers, Inc., has prepared plans for these replacements. The
plans propose that the existing force main be replaced by a 20 -inch diameter polyethylene casing
being directionally bored under the river, then a 12 -inch polyethylene carrier pipe being pulled
through the casing. Both the casing and carrier pipe will be watertight, to prevent any Teaks under
the river.
Easement for these two areas have been prepared and reviewed with Ms. Holly Jones. She has
passed these easements and the plans along to Mr. Matt Casey. Your City's approval of these
two easements will be appreciated, so that this highway project can proceed. If there are
questions, or if you need additional information, please contact me or Robert White at McClelland
Consulting Engineers.
Thank you for your assistance on this matter.
VervTruly Yours,;
t e k'. At e
Bruce Ledford, Mayor
City of Elkins
cc: Mr, Matt Casey, City of Fayetteville
Ms. Holly Jones, City of Fayetteville
RESOLUTION NO.
A RESOLUTION TO AUTHORIZE THE CONVEYANCE OF UTILITY
EASEMENTS TO THE CITY OF ELKINS FOR WATER AND SEWER LINE
RELOCATIONS FOR THE HIGHWAY 16 BRIDGE 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
the Mayor to execute the utility easements attached hereto as Exhibits "A" and "B" in favor of
the City of Elkins for the purpose of relocating water and sewer lines on property owned by the
City of Fayetteville as required for the Highway 16 bridge project.
PASSED and APPROVED this 20th day of May, 2014.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer