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HomeMy WebLinkAbout04-15 RESOLUTIONRESOLUTION NO. 04-15 A RESOLUTION TO APPROVE A FIVE YEAR LEASE AGREEMENT WITH AN OPTION TO RENEW FOR AN ADDITIONAL FIVE YEARS WITH DAN AND ANITA SPENCER FOR APPROXIMATELY 18.18 ACRES OF UNUSED CITY PROPERTY ON THE WEST SIDE OF LAKE SEQUOYAH IN EXCHANGE FOR THE SPENCERS CONVEYING ADDITIONAL EASEMENTS TO THE CITY THAT ARE NECESSARY FOR CONSTRUCTION AND OPERATION ACTIVITIES PERTAINING TO THE LAKE SEQUOYAH SEDIMENT REMOVAL 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 approves a five year lease agreement with an option to renew for an additional five years with Dan and Anita Spencer for approximately 18.18 acres of unused City property on the west side of Lake Sequoyah in exchange for the Spencers conveying additional easements to the City that are necessary for construction and operation activities pertaining to the Lake Sequoyah sediment removal project. PASSED and APPROVED this 6th day of January, 2015. A nnTll!ll MT-%. ATTEST: By: )JZ,4-Ut1,- SONDRA E. SMITH, City Clerk/Treas�N0veivr//Irr,', �►L��� alt .; l.'' � .,�t City of Fayetteville, Arkansas 113 West Mountain Street -y.' Fayetteville, AR 72701 �v 479-575-8323 Text File File Number: 2014-0584 Agenda Date: 1/6/2015 Version: 1 Status: Passed In Control: City Council File Type: Resolution Agenda Number: A. 6 A RESOLUTION TO APPROVE A FIVE YEAR LEASE AGREEMENT WITH AN OPTION TO RENEW FOR AN ADDITIONAL FIVE YEARS WITH DAN AND ANITA SPENCER FOR APPROXIMATELY 18.18 ACRES OF UNUSED CITY PROPERTY ON THE WEST SIDE OF LAKE SEQUOYAH IN EXCHANGE FOR THE SPENCERS CONVEYING ADDITIONAL EASEMENTS TO THE CITY THAT ARE NECESSARY FOR CONSTRUCTION AND OPERATION ACTIVITIES PERTAINING TO THE LAKE SEQUOYAH SEDIMENT REMOVAL 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 approves a five year lease agreement with an option to renew for an additional five years with Dan and Anita Spencer for approximately 18.18 acres of unused City property on the west side of Lake Sequoyah in exchange for the Spencers conveying additional easements to the City that are necessary for construction and operation activities pertaining to the Lake Sequoyah sediment removal project. City of Fayetteville, Arkansas Page 1 Printed on 11712015 Billy Ammons Submitted By City of Fayetteville Staff Review Form 2014-0584 Legistar File ID 1/6/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/16/2014 Wastewater Treatment Plant / Utilities Department Submitted Date Division / Department Action Recommendation: Lake Sequoyah Land Lease Agreement and Easement Acquisition between City of Fayetteville, Daniel A and Anita Z Spencer Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Fund Project Title $ - F -s ' 41j Remaining Budget $ - VL0140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF Ta y LIle CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF JANUARY, 6T" 2014 TO: Mayor and City Council THRU: Water, Sewer and Solid Waste Committee Don Marr, Chief of Staff Tim Nyander, Water/Sewer Operations Manager FROM: Billy Ammons, Wastewater Treatment DATE: December 19, 2014 SUBJECT: A Resolution to approve a Land Lease Agreement and Easement Acquisition between the City of Fayetteville and Dan A & Anita Z Spencer. RECOMMENDATION: City Administration staff recommends approval of a land lease agreement for unused property owned by the City of Fayetteville near Lake Sequoyah with neighboring property owners, Dan A & Anita Z Spencer. BACKGROUND: Fayetteville's Lake Sequoyah Sediment Removal Project requires a pipeline to convey collected clarified water from the project area to the City's sanitary sewer system. As part of continued cooperative efforts with project staff, Dan and Anita Spencer have agreed to required easement acquisition in exchange for a 5 -year land lease agreement of currently unused City of Fayetteville land adjacent to their property. DISCUSSION: Land lease agreement between City of Fayetteville and Dan Spencer will result in: • Approximately 18.18 acres of City of Fayetteville land to be leased and maintained by Dan A and Anita Z Spencer • A 20 foot wide permanent utility easement acquisition parallel to E Huntsville Rd • A 10 foot wide permanent utility easement acquisition parallel to Lewis Woods Ln • A 20 foot wide temporary construction easement parallel to above described easements • Construction access for pipeline installation from E Huntsville Rd through existing gate • It is the opinion of project staff that the proposed 5 -year land lease in exchange for easement acquisitions by City of Fayetteville is an equal -value exchange. BUDGET/STAFF IMPACT: No budget impact. ATTACHMENTS: Staff Review Form 14_LSQ_ Spencer _ Easement_Contract_1218.pdf 14_LSQ_Spencer_Easement—Exhibit _FI NAL. pdf Lease_Agmt_Spencer_Lake_ Sequoyah_Property_121814.pdf FAY_Spencer_LAND_LEASE_LEGAL_111114.pdf FAY—Spencer—LAND—LEASE—GIS-1 12 014. pdf Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701