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Home My WebLink About222-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 222-17 File Number: 2017-0553 OZARKS ELECTRIC UTILITY EASEMENT: A RESOLUTION TO APPROVE THE CONVEYANCE OF AN ELECTRICAL DISTRIBUTION LINE EASEMENT TO OZARKS ELECTRIC COOPERATIVE CORPORATION ACROSS A PORTION OF BRYCE DAVIS PARK TO SUPPLY ELECTRICITY FOR LIGHTS AT IAMS DOG PARK WHEREAS, the City intends to use parkland dedication funds to pay for the costs of installing electrical service and lights at Iams Dog Park which has not had lights since it opened in 2010; and WHEREAS, Ozarks Electric Cooperative Corporation requires easements across property owned by The Links at Fayetteville, a Limited Partnership and the City of Fayetteville in order to install and maintain the electrical lines to Iams Dog Park; and WHEREAS, granting the easement to allow for the installation of lights will enhance the experience and safety of residents using the park. 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 authorizes Mayor Jordan to execute the electrical distribution line easement attached to this Resolution in favor of Ozarks Electrical Cooperative Corporation for the purpose of granting access across a portion of Bryce Davis Park to supply electricity for lights at Iams Dog Park. PASSED and APPROVED on 10/17/2017 Page 1 Printed on 10118117 Resolution: 222-17 File Number.• 2017-0553 Approved: Attest: r veld Jordan, ayor Sondra E. Smith, City Clerk Treasurer ,%JillIffill,.r� I T R yrfr �yl Op sv•.-V Page 2 Printed on 10/18/17 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0553 Agenda Date: 10/17/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 11 OZARKS ELECTRIC UTILITY EASEMENT: A RESOLUTION TO APPROVE THE CONVEYANCE OF AN ELECTRICAL DISTRIBUTION LINE EASEMENT TO OZARKS ELECTRIC COOPERATIVE CORPORATION ACROSS A PORTION OF BRYCE DAVIS PARK TO SUPPLY ELECTRICITY FOR LIGHTS AT IAMS DOG PARK WHEREAS, the City intends to use parkland dedication funds to pay for the costs of installing electrical service and lights at Iams Dog Park which has not had lights since it opened in 2010; and WHEREAS, Ozarks Electric Cooperative Corporation requires easements across property owned by The Links at Fayetteville, a Limited Partnership and the City of Fayetteville in order to install and maintain the electrical lines to Iams Dog Park; and WHEREAS, granting the easement to allow for the installation of lights will enhance the experience and safety of residents using the park. 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 authorizes Mayor Jordan to execute the electrical distribution line easement attached to this Resolution in favor of Ozarks Electrical Cooperative Corporation for the purpose of granting access across a portion of Bryce Davis Park to supply electricity for lights at Iams Dog Park. City of Fayetteville, Arkansas Page 1 Printed on 1011812017 Byron Humphry Submitted By City of Fayetteville Staff Review Form 2017-0553 Legistar File ID 10/17/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/25/2017 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: A City Council resolution to approve a Utility Easement to Ozarks Electric to supply electrical service to lams Dog Park at Bryce Davis Park. Budget Impact: 2250.520.9256-5315.00 Account Number 02013.802 Parks Development Fund Bryce Davis Expansion Project Number Project Title Budgeted Item? Yes Current Budget $ 206,617.00 Funds Obligated $ 17,805.00 Current Balance $ 188,812.00 Does item have a cost? Yes Item Cost $ 29,295.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 159517.00 1 V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: The only cost for this easement request will be the court house filing fee. The lights have been ordered which is the encumbant amount of $17,805. Total cost of the lams Dog Park lighting project is projected at $47,100. CITY OF FAYETTEV I LLE ARKANSAS MEETING OF OCTOBER 17, 2017 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Byron Humphry, Parks Maintenance Superintendent DATE: September 25, 2017 SUBJECT: Ozarks Electric Utility Easement for lams Dog Park at Bryce Davis Park RECOMMENDATION: A City Council resolution to approve a utility easement for Ozarks Electric to supply electricity for lights at the dog park, trail, and vicinity. BACKGROUND: lams Dog Park opened at Bryce Davis Park in October, 2010. The facility was made possible by a donation from lams: Additionally, the pavilion at the dog park was donated by Ozarks Natural Foods. DISCUSSION: lams Dog Park is the City's only true dog park that provides a fenced area for dogs to run off - leash. The park is heavily used and a frequent request from citizens has been to provide lighting at the park to allow pet owners to bring their dogs after dark. This is especially needed during winter months, when the days are shorter. To accommodate lights at lams Dog Park, a new electrical service is needed to adequately supply electrical power. Ozarks Electric has service at the Links Golf Course. A utility easement is necessary to cross the Links as well as to enter part of the park property where a transformer will be placed near the dog park. Parks staff is in the process of acquiring the necessary signatures from Lyndsey for the Links easement with Ozarks Electric. This request is for the Mayor's signature for the easement on Parks property to allow Ozarks Electric to install service into the park property to the dog park. City Land Agents prepared the easements. Project will be completed in November. BUDGET/STAFF IMPACT: The budget impact of the easements will be court filing fees. New electrical service and boring by Ozarks Electric across the Links will cost an estimated $7,100. Additional expenses for lights and installation will cost an estimated $40,000. This project is funded by parkland dedication NW park district funds. Attachments: Ozarks Utility Easement, Site Map Mailing Address; 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Parcel No 765-13724-016 Bryce Davis Park Lighting 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: (Doc. 2008-002542) A part of the Southwest Quarter of the Southwest Quarter (SW'/ of the SW'/) of Fractional Section Six (6) and a part of the Northwest Quarter of the Northwest Quarter (NW'/ of the NW'/) of Fractional Section Seven (7), all in Township Sixteen North (Twp. 16 N), Range Thirty West (Rng. 30 W.), Washington County, Arkansas, more particularly described as follows: Commencing at the northwest corner of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter (SW'/ of the SW'/) of Fractional Section Six (6), Township Sixteen North (Twp. 16 N), Range Thirty West (Rng. 30 W.), Washington County, Arkansas; thence S87'26'04"E 733.32 feet along the north of said SW'/ of the SW'/4 to the northwest corner of Walnut View Estates, Phase II; thence S02032'50"W 536.01 feet along the west line of said Walnut View Estates, Phase ii and the west line of Walnut View Estates, Phase I, to the Point of Beginning and run thence S02°32'50"W 780.72 feet along the west line of said Walnut View Estates, Phase I, and the west line of Walnut Grove Addition, Phase I; thence S02°50'52"W 777.04 feet along the west line of said Walnut Grove Addition, Phase I and the City of Fayetteville property as described in Bok 1301 at page 522 of the records of the Circuit Clerk and ex -officio recorder of Washington County, Arkansas; thence N87°38'20"W 397.41 feet; thence N15°08'54"W 120.00_ feet; thence N34°23'53"W 266.34 feet; thence N89°56'52"W 50.00 feet; thence M00°03'08"E 47.01 feet; thence N17°51'08"E 640.00 feet; thence N44°51'08"E 180.00 feet; thence NO2°08'52"W 313.15 feet to the beginning of a non -tangent curve; thence 84.98 feet along a non -tangent curve to the left said curve having a radius of 180.00 feet and a long chord of N73°25'25"E 84.20 feet; thence N59°53'53"E 145.02 feet; thence 68.63 feet along a curve to the right said curve having a radius of 120.00 feet and a long chord of N76°16'56"E 67.69 feet; thence S87°20'00"E 118.95 feet to the Point of Beginning, containing approximately 738,496 sq. ft. or 16.95 acres, more or less. Subject to any easements and/or rights-of-way of record or fact. PERMANENT EASEMENT DESCRIPTION: A 20 -foot easement for underground electrical lines being 10 feet either side of a centerline as shown on the attached aerial exhibit and running 305 linear feet, 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. 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 feas+ble,, to a sufficient depth so as not to interfere with cultivation of soil, and that above ground appurtenances will be constr6cted 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 ELECTRICAL DISTRIBUTION LINE EASEMENT Page 2 of 2 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. WITNESS the execution hereof on this the ATTEST: Sondra Smith, City Clerk STATE OF ARKANSAS COUNTY OF WASHINGTON day of ��( 2017. CITY OF FAYETTEVILLE, ARKANSAS A Muni4al Corpora-'fstn 4 ��• �` OF •• r RU: FAYETTEVILLE;� N [SEAL] rf'`°4�.�� TCS N•�;�e�`�~ 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 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 1 day of , 2017 MY COMMISSION EXPIRES: I1 ` rh{Q -( NoMry'Public ��wrrrr►►y so cgs :Z ale 6000*0 00 M UgLIC :S�i�: