The URL can be used to link to this page

Home My WebLink About22-18 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 22-18 File Number: 2017-0754 BLACK HILLS ENERGY ARKANSAS, INC.: A RESOLUTION TO APPROVE THE CONVEYANCE OF RIGHT OF WAY AND EASEMENT TO BLACK HILLS ENERGY ARKANSAS, INC. ACROSS A PORTION OF THE WEST SIDE WASTEWATER TREATMENT FACILITY PROPERTY AND OTHER CITY -OWNED PROPERTY ALONG BROYLES ROAD WHEREAS, Black Hills Energy Arkansas, Inc. has requested the dedication of right of way and easement so it can construct and maintain a gas line necessary to increase the capacity of its system on the west side of Fayetteville; and WHEREAS, the requested right of way and easement runs along or on top of existing easements held by various other entities and will not interfere with the City's use of the properties. 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 Right -of -Way Grant attached to this Resolution in favor of Black Hills Energy Arkansas, Inc. for the purpose of constructing and maintaining a gas pipeline to serve residents in west Fayetteville. PASSED and APPROVED on 1/2/2018 Attest: Sondra E. Smith, City Clerk Treasur R4, I--AYETIf_Vfi.l..r_ ✓r 3 . Tj i} '.5 ,• y rr �i P) a Jj rof o C. M i[1!ltiliy�,a �. Page 1 Printed on 113118 City of Fayetteville, Arkansas 113 West Mountain Street R Fayetteville, AR 72701 (479) 575-8323 Text File —�` File Number: 2017-0754 Agenda Date: 1/2/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 23 BLACK HILLS ENERGY ARKANSAS, INC.: A RESOLUTION TO APPROVE THE CONVEYANCE OF' RIGHT OF WAY AND EASEMENT TO BLACK HILLS ENERGY ARKANSAS, INC. ACROSS A PORTION OF THE WEST SIDE WASTEWATER TREATMENT FACILITY PROPERTY AND OTHER CITY -OWNED PROPERTY ALONG BROYLES ROAD WHEREAS, Black Hills Energy Arkansas, Inc. has requested the dedication of right of way and easement so it can construct and maintain a gas line necessary to increase the capacity of its system on the west side of Fayetteville; and WHEREAS, the requested right of way and easement runs along or on top of existing easements held by various other entities and will not interfere with the City's use of the properties. 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 Right -of -Way Grant attached to this Resolution in favor of Black Hills Energy Arkansas, Inc. for the purpose of constructing and maintaining a gas pipeline to serve residents in west Fayetteville. City of Fayetteville, Arkansas Page 1 Printed on 113/2018 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2017-0754 Legistar File ID 1/2/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/14/2017 Utilities Director/ Utilities Department Submitted Date Division / Department Action Recommendation: Staff recommends City Council approval of a resolution to dedicate an easement to Black Hills Energy Arkansas, Inc. d/b/a Black Hills Energy to allow for construction of a gas line necessary to increase the capacity of their system on the west side of Fayetteville. Budget Impact: N/A Account Number N/A N/A Fund N/A Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance $ I � Does item have a cost? NA Item Cost $ Budget Adjustment Attached? NA Budget Adjustment $ Remaining Budget $ J �! Previous Ordinance or Resolution # V20140710 Original Contract Number: Approval Date: Comments:. CITY OF FAYETTEVILLE r4W ARKANSAS MEETING OF JANUARY 2, 2017 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: December 14, 2017 CITY COUNCIL I'w11EMO SUBJECT: Approval of an Easement Dedication to Black Hills Energy RECOMMENDATION: Staff recommends City Council approval of a resolution to dedicate an easement to Black Hills Energy Arkansas, Inc. d/b/a Black Hills Energy to allow for construction of a gas line necessary to increase the capacity of their system on the west side of Fayetteville. BACKGROUND: The property upon which the easement is requested includes the west side treatment plant property, and the city -owned property to the south east on the east side of Broyles Road, across the street from the treatment plant. The proposed easement is either on top of or directly adjacent to existing easements held by various other entities. DISCUSSION: The proposed easement is a total of approximately 2.61 acres, beginning at the southeast corner of the City -owned property on the east side of Broyles Road, and running north to Broyles Road, crossing the road, and then running north along the west side of Broyles. As noted, the proposed easement is located within existing easement holdings of various entities, and does not encumber additional lands. BUDGET/STAFF IMPACT: None. ATTACHMENTS: Right -of -Way Grant Document Exhibit "A" — Proposed Right of Way and Easement Description Exhibit "B" — Proposed Easement Drawing Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 RIGHT-OF-WAY GRANT Black Hills Energy Arkansas, Inc. AFTER FILING, PLEASE RETURN DOCUMENT TO: Name: Black Hills Energy Arkansas, Inc. Address: 555 East Millsap Road Suite 104 Fayetteville, AR 72703 This Instrument Prepared by Beth Trenary, of Fayetteville, Arkansas Joint -Common -Rev. 8/26/11 KNOW ALL MEN BY THESE PRESENTS: That City of Fayetteville, Arkansas, a municipal corporation, whose address is 113 W Mountain Street, Fayetteville, AR 72701 ("Grantor"), for itself, its heirs, successors and assigns, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, does hereby grant, convey and confirm unto Black Hills Energy Arkansas, Inc. d/b/a Black Hills Energy, an Arkansas corporation whose address is 655 E. Millsap Rd., Suite 104, Fayetteville, AR 72703, its successors assigns, and licensees ("Grantee"), a right-of-way and 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 portions of Section(s) Fourteen (14), Township(s) Sixteen (16) North, Range(s) Thirty-one (31) West of the Fifth (5th) Principal Meridian, County of Washington, State of Arkansas, more particularly described as follows: A part of the Southeast Quarter (SE'Y) of Section Fourteen (14), Township Sixteen (16) North, Range Thirty-one (31) West, Washington County, Arkansas, further described in Deed Book 1999 at page 62516 and in Deed Book 2007 at page 45026. Parcel # 765-16201-030 & 765-16201-031 The right-of-way and easement shall consist of: See attached Exhibit A for a legal description of the right-of-way and easement. See attached Exhibit B for a drawing of the above described right-of-way and easement. (the "Subject Lands") In addition, Grantor is hereby granting to Grantee a temporary construction easement thirty (30) feet in width located along the south and west boundary lines of the above described permanent easement for the installation of the pipeline within the permanent easement. (the "TCE") This Right -of -Way Grant is subject to any and all other easements, rights-of-way, variances, memorandums and/or agreements currently of record. TO HAVE AND TO HOLD said right-of-way and easement unto Grantee so long as such pipelines and appurtenances, or any part thereof, shall be maintained, together with the right of ingress to and egress from the Subject Lands and TCE for the purposes herein stated, at the will of Grantee. Grantor retains the right to use and enjoy the Subject Lands, subject only to the right of Grantee to use the same for the purposes herein expressed, and subject to the limitations contained herein. Grantor hereby binds himself, his heirs, executors, administrators, successors, and assigns to warrant and forever defend all and singular the right-of-way and easement herein conveyed unto Grantee, its successors and assigns, against every person whomsoever lawfully claims the same or any part thereof (effective term only if initialed). Grantor hereby acknowledges that the consideration received herewith is full consideration for the right-of- way and easement granted herein, and also for damages to both the Subject Lands and growing crops occasioned by the initial installation of Grantee's facilities. Grantor reserves the right to cultivate, use and occupy the Subject Lands for any purpose consistent with the rights and privileges herein granted, and which will not interfere with or, in the sole judgment of Grantee, endanger any of the facilities thereon or Joint-Common-Rev.12/15/17 2 Grantee's use thereof.. Such reservation by Grantor shall in no event include the right: (i) to construct any buildings or structures of any kind; (ii) to impound, retain, collect or store any water; or (iii) to plant any trees or shrubs upon the right-of-way and easement granted herein without the express written consent of Grantee. Grantee agrees to lay all pipelines at a sufficient depth to avoid interfering with cultivation of the soil, and to pay Grantor for damages to growing crops, fences or other improvements which may arise from the operations of Grantee. Any such damage, if not mutually agreed upon, shall be ascertained and determined by three disinterested persons, one appointed by Grantor, one by Grantee, and the third chosen by the two persons so appointed. The written award of a majority of such three persons shall be final and conclusive upon Grantor and Grantee. Grantee shall not be required to remove any abandoned pipeline(s) from the Subject Lands. It is agreed by Grantor that any payment of consideration due under the terms hereof may be made jointly to Grantor and any mortgagees of record at the time such payment becomes due. This Right -of -Way Grant and the duties and obligations created herein shall run with the land and shall be binding upon Grantor, Grantee and their respective heirs, devisees, successors and assigns. [Signature Page to Follow] Joint -Common -Rev. 8/26/11 „{{ AO to IN WITNESS WHEREOF, Grantor has hereunto set its hand this �"�iay ofTl. By: ATTEST: -Z-0,� t& Sondra Smith, City Clerk ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON [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 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 municipal 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. apt 8 �5 WITNESS my hand and seal on this �� day of nt I A Yi i, 2G--”. MY COMMISSION EXPIRES: (A,\ CARA (a Not u lic t4 D"A'��r��r why 5 410T �J�i• +�'r► r r :�. N AAy�°°;11111111110 Joint -Common -Rev. 12/15/17 4 EXHIBIT "A" PROPOSED RIGHT OF WAY AND EASEMENT DESCRIPTION: A RIGHT OF WAY AND EASEMENT LOCATED IN A PART OF THE SE1/4 OF THE NEI/4 AND A PART OF THE NEI/4 OF THE SE1/4 AND A PART OF THE SE1/4 OF THE SE1/4 OF SECTION 14, TOWNSHIP 16 NORTH, RANGE 31 WEST OF THE FIFTH PRINCIPLE MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING #4 REBAR MARKING THE SE CORNER OF SAID SE1/4 SEI/4 AND RUNNING THENCE ALONG THE SOUTH LINE OF SAID SE1/4 SE1/4 N89 -02'04"W 30.00 FEET TO THE WEST LINE OF AN EXISTING 30 FOOT OZARK ELECTRIC POWERLINE EASEMENT (DEED BOOK 785, PAGE 323), THENCE LEAVING SAID SOUTH LINE AND ALONG SAID WEST LINE N01° 19'16"E 993.79 FEET TO THE INTERSECTION OF SAID WEST LINE AND THE AND THE SOUTHWESTERLY LINE OF AN EXISTING 80 FOOT HIGH PRESSURE GAS EASEMENT (PLAT BOOK 23, PAGE 315), THENCE LEAVING SAID WEST LINE AND ALONG SAID SOUTHWESTERLY LINE THE FOLLOWING: N14°14'34"W 406.49 FEET, N12°33'51"W 176.01 FEET, N13°08'46"W 61.00 FEET TO THE INTERSECTION OF SAID SOUTHWESTERLY LINE AND THE NORTHWESTERLY LINE OF AN EXISTING GENERAL UTILITY EASEMENT (PLAT BOOK 23, PAGE 315), THENCE LEAVING SAID SOUTHWESTERLY LINE AND ALONG SAID NORTHWESTERLY LINE N20°58'59"E 200.03 FEET, THENCE LEAVING SAID NORTHWESTERLY LINE N76'16'31"E 10.75 FEET TO THE WEST LINE OF AN EXISTING 50 FOOT POWERLINE AND GENERAL UTILITY EASEMENT (PLAT BOOK 23, PAGE 315), THENCE ALONG SAID WEST LINE THE FOLLOWING: N06°38'42"E 416.27 FEET, ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3231.00 FEET FOR A CHORD BEARING AND DISTANCE OF N04'09'12"E 280.93 FEET, N01 -39'42"E 183.44 FEET, THENCE LEAVING SAID WEST LINE S88° 20'18"E 30.00 FEET TO THE EAST LINE OF SAID EXISTING 50 FOOT POWERLINE AND GENERAL UTILITY EASEMENT (PLAT BOOK 23, PAGE 315), THENCE ALONG SAID EAST LINE THE FOLLOWING: S01°39'42"W 183.43 FEET, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 3261.00 FEET FOR A CHORD BEARING AND DISTANCE OF SO4°09'11"W 283.54 FEET, S06°38'42"W 369.91 FEET, S06 -43'55"W 50.11 FEET TO THE INTERSECTION OF SAID EAST LINE AND THE SOUTHEASTERLY LINE OF SAID EXISTING GENERAL UTILITY EASEMENT (PLAT BOOK 23, PAGE 315), THENCE LEAVING SAID EAST LINE AND ALONG SAID SOUTHEASTERLY LINE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 661.00 FEET FOR A CHORD BEARING AND DISTANCE OF S13'25'44"W 156.17 FEET TO THE INTERSECTION OF SAID SOUTHEASTERLY LINE AND THE NORTHEASTERLY LINE OF SAID EXISTING 80 FOOT HIGH PRESSURE GAS EASEMENT (PLAT BOOK 23, PAGE 315, THENCE LEAVING SAID SOUTHEASTERLY LINE AND ALONG SAID NORTHEASTERLY LINE THE FOLLOWING: S13°08'46"E 73.77 FEET, 512'33'51"E 175.24 FEET, S14°14'34"E 229.90 FEET TO THE INTERSECTION OF SAID NORTHEASTERLY LINE AND THE EAST LINE OF SAID EXISTING 30 FOOT OZARK ELECTRIC POWERLINE EASEMENT (DEED BOOK 785, PAGE 323), THENCE LEAVING SAID NORTHEASTERLY LINE AND ALONG SAID EAST LINE S01°19'16"W 1184.05 FEET TO THE POINT OF BEGINNING, CONTAINING 2.61 ACRES, MORE OR LESS. �ae:�V'4>• !rte 'SF.�N II p4 N�ii ry■3y+w"'i tiia�rir�, �sr�a� 1 ;Y��Vt �r iILY"+f�FFR1Y�i� �YCi EASEMENT PROPOSED RIG4IT OF MIRY AND EASEMENT DESCRIPTION: IT WRY IND Fp.A HE SE1140F THE NEIN AND APART OFTHE NE114 OFTHESE114 AND A 1 PART OF THE BE 114 OF THE BE 114 OF SECTION 14. TOWNSHIP 15 NORTH, RANGE 31WEST OF THE FIFTH PRINCIPLE VER101M WASHINGTON COUNTY. ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING 04 REBAR MARKING THE BE CORNER OF SAID BE 114 BE 114 AND RUNNING THENCE ALONG THE SOUTH LINE OF SAID SE1I SEl14 N09'02'04N13000 FEET TO THE WEST LINE OF AN EXISTING 30 FOOT 02ARK ELECTRIC POYIERLINE EASEMENT IOL ED BOOK 195 PAGE 323), THENCE LEAVING SAID SOUTH LINE AND ALONG SND WEST LINE NOT •1916-E 993 79 FEET TO THE INTERSECTION OF SAID `NEST LINE AND TIE AND THE SOUTHWESTERLY LINE OF AN EXISTING 80 FOOT HIGH PRESSURE GAS EASEMENT IPLAT BOOK 23, PAGE 3154 THENCE LEAVING SAID NEST LINE AND ALONG SAID SOUTHWESTERLY LINE THE FOLLOWING: N14`1434 W406 49 FEET. 351'W 17601 FEET N13'OB'4-61.00 FEET TO THE INTERSECTION OF SAIDSOUTHWESTERLY LINE AND THE NORITTWESTERLY NINE OF AN EXIST ING GENERAL UTILITY EASEMENT IPLAT BOOK 23, PAGE 315), TFIENCE LEAVING SAID SOUTHWESTERLY LINE AND ALONG SAID N"T"'LINE N20'SB59'E 21NFO FEET, THENCE LEAVING SAID NORTHLVESTERLY LINE NiG"1601'E t0 75 FEET O THE WEST LINE OF AN EXISTING 50 FOOT POWERLINE AND GENERAL UTILITY EASEMENT IPI AT BOOK 23. PAGE 315) THENCE ALONG SAID WEST LINE THE FOLLOWING: NO6'3842'E 416 27 FEET, ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 323100 FEET FOR A LHORD BEARING AND DISTANCE OF N04.0912'E 200 93 FEET, N01'394TE 103 44 FEET, THENCE LEAVING SAID. WEST LINE 588'20'1 A-E 30.00 FEET TO THE EAST LINE OF SAID EXISTING 50 FOOT POWERLINE AND GENERAL UTILITY EASEMENT IPLAT BOOR 23. PAGE 315). THENCE ALONG SAID EAST UNE THE FOLLOWING: 501'3B -42-W 103 43 FEET, ALONG A CURVE TO THE RIGHT H—D A RADIUS OF 3251.00 FEET FOR ACHORD BEARING AND DISTANCE OF SO4.O9'It W 283,54 FEET...506'3B'421\' Ju991 FEET 506'U'SSVY � 5011 FEET TO THE INTERSECTION OF SAID EAST LINE AND THE SDUTHEASTERLY LINE OF SAID EXISTING GENERAL UTILITY EABEIAENT IPI AT BOOK 23, PAGE 315) THENCE LEAVING SAID EAST LINE AND ALONG BID SOUTHEASTERLY LINE ALONG A CURVE PARCEL-I�s•4Lw1O3.� TDTHER1GHT HAVING A RADIUS OF 661,00 FEET FOR A CHORD BEARING AND DISTANCE OF B 13'25'44`A 15017 FEET TO THE l OF SAID SOUTHEASTERLY LINE AND THE NOHI HEAS FERLY LINE OF SAID EXISTING BE FOOT HIGH PRESSURE GAS I ERSECTION EASEMENT (PLAT BOOK 23 PAGE 315, THENCE LEAVING SAID SOUTHEASTERLY LINE AND ALONG SAID NORTHEASTERLY LINE THE FOLLOWING: 513'064G"E 73 77 FEET, S 12'33'51"E 1752- FEET SR- 34'E 229.90 FEET TO THE LNTERSELTION OF SID AND THE EAST LINE OF SAID EXIS [ING 30 FOOT O—K ELECTRIC POW ERLINE EASEMENT IDLED BOOK 785 NORTHEASTERLY LINE PAGE 323) THENCE LEAVING SAID NORTHEASTERLY LINE AND ALONG SAID EAST LINE SO 1-19 1c bV 118405 FEET TO THE POINT OF BEGINNING. CONTAINING 281 ACRES, MORE OR LESS, SUBJECT TO ALL RECORD AND NON RECORDED EASEMENTS, RESTRICTIONS RESERVATIONS. COVENANTS MINERAL RIGHTS AND RIGHTSOF.VVAY. IF AI4Y_ R CORNEA comak I'tl sf— 'TEDA) i4 O' 200' 100' GOO' SCALE 1'=20? SyEASEMENT EXHIBIT �' LEGI ND 000MPUTED POINT O EXI11I14 tis REDAR P UTILITY POLE U lTNP( 4.4 REiIAIi rORUSL 0)1: O GAS PEDESTAL 9 A M MONUMENT --- �R IN EASEMENT BLACK TITLIS ENERGY ARKANSAS, INC, !�.IE1)leL'i'`YENG --_ F TvmFul.E 4 L`TT .,Mn V `. LL^ - EDGE OF ASPHALT/CONCRETE —E.: AGNEEMN:OLNo M0;{ ^-'• ^� R14HT OF WAY .STATEMENT ISA .1.5X5 �y. OTI%HND �r—sem 11;N ,c,..c rt, e....-.,...,�� •u...,. IINCUIV-Ak 4:1 ER -).NMAI.RVLNIX-2 -- •^^� CENTERLNE ROAD -, CIU:\Y CIIIF.4 AIN DRA1V\RI S VYI_ST FOIA .AK 774 PS yTS6 w—w— OVERHEAD PDWER AI 4712016117 - CON EXISTING GAS ONE wu,w „a,e 'RAF£' HNNr'+oe. — 0 — � Jtl ✓ - 1 R J f r' 2r �nAacEL ��os.,wacc oro 1 Y �caaNiTi' A � '.:f4nIP.Y-tl � CORNEA comak I'tl sf— 'TEDA) i4 O' 200' 100' GOO' SCALE 1'=20? SyEASEMENT EXHIBIT �' LEGI ND 000MPUTED POINT O EXI11I14 tis REDAR P UTILITY POLE U lTNP( 4.4 REiIAIi rORUSL 0)1: O GAS PEDESTAL 9 A M MONUMENT --- �R IN EASEMENT BLACK TITLIS ENERGY ARKANSAS, INC, !�.IE1)leL'i'`YENG --_ F TvmFul.E 4 L`TT .,Mn V `. LL^ - EDGE OF ASPHALT/CONCRETE —E.: AGNEEMN:OLNo M0;{ ^-'• ^� R14HT OF WAY .STATEMENT ISA .1.5X5 �y. OTI%HND �r—sem 11;N ,c,..c rt, e....-.,...,�� •u...,. IINCUIV-Ak 4:1 ER -).NMAI.RVLNIX-2 -- •^^� CENTERLNE ROAD -, CIU:\Y CIIIF.4 AIN DRA1V\RI S VYI_ST FOIA .AK 774 PS yTS6 w—w— OVERHEAD PDWER AI 4712016117 - CON EXISTING GAS ONE wu,w „a,e 'RAF£' HNNr'+oe. — 0 —