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HomeMy WebLinkAbout69-19 RESOLUTION5 fiTf'r. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 69-19 File Number: 2019-0140 OZARKS ELECTRIC COOPERATIVE CORPORATION: A RESOLUTION TO AUTHORIZE THE SALE OF ABOUT 3,123 SQUARE FEET OF LAND IN FEE SIMPLE AND CONVEY AN ACCESS EASEMENT OF ABOUT 2,163 SQUARE FEET NEAR THE GULLEY ROAD WATER TANK TO OZARKS ELECTRIC COOPERATIVE CORPORATION FOR THE TOTAL SUM OF $5,387.50 PASSED and APPROVED on 3/19/2019 Page 1 Attest: Sondra E. Smit jl1iiyj Jerk Treasurer �kK Tr"!' FAYETTEVILI_ .. Printed on 3120119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 'A Text File File Number: 2019-0140 Agenda Date: 3/19/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 5 OZARKS ELECTRIC COOPERATIVE CORPORATION: A RESOLUTION TO AUTHORIZE THE SALE OF ABOUT 3,123 SQUARE FEET OF LAND IN FEE SIMPLE AND CONVEY AN ACCESS EASEMENT OF ABOUT 2,163 SQUARE FEET NEAR THE GULLEY ROAD WATER TANK TO OZARKS ELECTRIC COOPERATIVE CORPORATION FOR THE TOTAL SUM OF $5,387.50 City of Fayetteville, Arkansas Page 1 Printed on 312012019 Tim Nyander City of Fayetteville Staff Review Form 2019-0140 Legistar File ID 3/19/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/28/2019 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the approval of a Land Sale Agreement between the City of Fayetteville and Ozarks Electric Cooperative Corporation for the sale of 3,123 square feet of City -owned property near the Gulley Road water tank to Ozarks Electric Cooperative Corporation for the sum of $5,387.50. Budget Impact: N/A Account Number N/A Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Purchase Order Number: Change Order Number: Original Contract Number: Comments: Remaining Budget N/A Fund N/A Project Title V201aa321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 19, 2019 TO. Mayor and City Council THRU: Don Marr, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: February 28, 2019 CITY COUNCIL MEMO SUBJECT: Approval of a Land Sale Agreement between the City of Fayetteville and Ozarks Electric Cooperative Corporation RECOMMENDATION: Staff recommends the approval of a Land Sale Agreement between the City of Fayetteville and Ozarks Electric Cooperative Corporation for the sale of 3,123 square feet of City -owned property near the Gulley Road water tank to Ozarks Electric Cooperative Corporation for the sum of $5,387.50. BACKGROUND: The City -owned land that contains the Gulley Road water tank is adjacent to an Ozarks Electric Cooperative Corporation "Ozarks" electric substation. Due to the underground utilities inside the substation property, Ozarks has requested that they City of Fayetteville sell them a small portion of land to place a building for fiber infrastructure in addition to an access easement. DISCUSSION: The proposed land sale would include 3,123 square feet of the southwest portion of the City's Gulley Road water tank property. Approximately 960 square feet would be used for the fiber building and would be sold for the amount of $3,450.00. Approximately 2,163 square feet would be used for an access easement and would be sold for the amount of $1,937.50. The total proposed land sale would be for the sum of $5,387.50. The water tank is located across the access road that runs through the City property and the land sale would not affect the water tank, piping, or any future plans or improvements to the water tank. BUDGET/STAFF IMPACT: Upon City Council approval, Ozarks will pay the City $5,387.50 for the land. Attachments: Land Sale Agreement Exhibit Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 LAND SALE AGREEMENT This Land Sale Agreement is made and entered into by and between the City of Fayetteville. Arkansas, a municipal corporation of the State of Arkansas (hereinafter "City" or "Fayetteville") and Ozarks Electric Cooperative Corporation ("Purchaser"). The City of Fayetteville agrees to sell to Purchaser fee simple title to a parcel of about 960 square feet near the southwest corner of the City's Gulley Road Substation Property for THREE THOUSAND FOUR HUNDRED FIFTY DOLLARS ($3,450.00) and an access easement of approximately 2,163 square feet for ONE THOUSAND NINE HUNDRED THIRTY SEVEN DOLLARS AND FIFTY CENTS ($1,937.50) and Purchaser's performance of all of the terms, conditions and promises set forth in this Agreement. Purchaser agrees to pay to the City of Fayetteville the total sum of FIVE THOUSAND THREE HUNDRED EIGHTY SEVEN DOLLARS AND FIFTY CENTS ($5,387.50) for this 960 square foot parcel and access easement and to perform all of the terms, conditions and promises set forth later in this Agreement. i it it Lei Sale Subject to existing easements and rights of way and subject to the terms and conditions, mutual promises and covenants of this Agreement, the City of Fayetteville agrees to sell: A parcel of about 960 square feet located near the southwest corner of -the City's Gulley Road Substation Property by warranty deed to Purchaser for the amount of THREE THOUSAND FOUR HUNDRED FIFTY DOLLARS ($3,450.00). This parcel is defined as "Fiber Building" and shown and legally described on Exhibit A. Also an access easement of about 2,163 square feet from an existing driveway to the parcel described above to Purchaser :for the amount of ONE THOUSAND NINE HUNDRED THIRTY SEVEN DOLLARS AND FIF'I"Y CENTS ($1,937.50). This access easement is defined as "Ingress\Egress" and shown and legally described on Exhibit A The approximately 960 square foot parcel and 2,163 square foot access easement shall be referred to herein collectively as the "Property." Purchase Subject to the terms and conditions, mutual promises and covenants of this Agreement, Purchaser agrees to buy the Property for FIVE THOUSAND THREE HUNDRED EIGHTY-SEVEN DOLLARS AND FIFTY CENTS ($5,387.50) to be paid to the City of Fayetteville on or before the Closing Date by certified check or cashier's check. Page I of 4 3. Closing Data and Place Closing shall occur within 60 days following the date this Agreement has been executed by both parties unless extended by mutual agreement of the parties in writing. The Closing shall occur at 113 West Mountain Street, Fayetteville, Arkansas in a room supplied by the City of Fayetteville. 4. Date ofPossession Possession of the Property shall be delivered to Purchaser on the Closing date free of any tenancies or other third party possessory rights. Deed and Other Documents On the Closing date, the City of Fayetteville shall convey marketable and insurable title to the Property by general warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement, subject only to current real estate taxes, if any (to be apportioned between the parties) and existing easements. Purchaser shall be responsible for any revenue stamps resulting from this transaction and all recordings fees for the deed and other documents that need to be filed. 6. Risk of Loss Risk of loss as to the Property shall remain with the City of Fayetteville until the Closing date. 7. Purchaser's Due Diligence Purchaser shall have thirty (30) days from the approval ofthis agreement to enter upon the Property to conduct any surveying, testing or inspection it deems necessary to ensure the Property will be appropriate for the construction and use for its facility. If Purchaser discovers any problems that would adversely impact its development and use of the Property for its facility, Purchaser shall notify the City which is granted sixty (60) days to remediate any problem. The City may also terminate this Agreement without penalty rather than remediating any problem or issue discovered by Purchaser. Likewise, if the City does not remediate the problem, Purchaser may terminate this Agreement without penalty or proceed under this Agreement to accept the property without resolution of the problem. 8. Notices Notices required by this Agreement shall be in writing and shall be delivered to: Ozarks Electric Cooperative Corporation 3641 W. Wedington Drive P.O. Box 848 Fayetteville, AR 72702 Pace 2 of 4 City of Fayetteville ATTN: Mayor's Office 113 W. Mountain Street Fayetteville, AR 72701 72701-6083 9. Authority Each of the undersigned individuals represent and warrant that they are authorized to enter into this Agreement on behalf of their respective entities and that execution hereof will bind the entities to this Agreement. 10. Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement. ll. Facsimile For purposes of executing this Agreement, a facsimile signature shall be as effective an as actual signature. 12. Applicable Law This Agreement shall be construed and enforced in accordance with the laws and public policies of the State of Arkansas. 13. Survival The representations, warranties, and agreements of the parties contained herein shall survive the Closing and shall not be merged into the Closing, instead surviving as though all warranties, representations, covenants and agreements made in this Agreement were incorporated into the Warranty Deed delivered by,the City of Fayetteville to Purchaser as .if set out word for word. 14. Aro Waivers The waiver by either party hereto of any condition or the breach of any term, covenant or conditions herein contained shall not be deemed to be a waiver of any other condition or of' any subsequent breach of the same or of any other term, covenant or condition herein contained. 15. Time of Essence Time is of the essence in this Agreement. 16. Invalidity .If for any reason any term or provision of this Agreement shall be declared void and unenforceable Page 3 of 4 by any court, it shall only affect such particular term or provision of this Agreement and the balance of this Agreement shall remain in full force and effect and shall be binding upon the parties hereto. 17. Complete Agreement All understandings and agreements heretofore existing between the parties are merged into this Agreement that alone fully and completely expresses their agreement. This Agreement may be changed only in writing signed by both of the parties hereto and shall apply to and bind the successors and assigns of each of the parties hereto and shall not merge with the deed delivered to Purchaser at closing. OZARKS ELECTRIC COOPERATIVE CORPORATION Date: a426 X) 0 f;? Y' . TROT' AR.R GH, VP o i ngineering And Operations WITNESS: By: SANDRA JOHNSON, dministrative Assistant CITY OF FAYETTEVILLE, ARKANSAS Date: A 3 / -2z/l r ONELD AN, Mayor ATTEST: By: Irt.a SONDRA E. SiV' f City Clerk-Tr�t�r�T Y 01 'VIL LE: ��Gr. r ■ .ti Ilev Pace 4 o 1'4 GULLEY ROAD SUBSTATION FIBER BUILDING AND INGRESS\EGRESS OZARKS ELECTRIC 1 OF 2 COOPERATIVE CORP. EXHIBIT 11A" PART OF SOUTHEAST 1/4- SEC, /4SEC, 29-T17N-R29W WASHINGTON COUNTY, AR NOT TO SCALE fox WATER TOWER CITY PROPERTY �+ CD I EXISTING INGRESS\EGRESS AS STATED DEED 2003 BOOK 00025443 FOUND IRON PIN WITH CAP SW CORNER SE 1/4 OF THE SE1/4 SEC. 29-T17N-R29W WASHINGTON COUNTY, AR LEGEND 0 FOUND IRON PIN —X—X— FENCE -- — — — PROPERTY LINE - — SECTION LINE — ROAD PL5Lo L13 FIBER co I w FIBER BUILDING -j 171 BUILDING _L7 INGRESS\EGRESS L11 1-19 P.O.B. #1 P.O.B. #2 THIS EXHIBIT DEPICTS APPARENT OWNERSHIP LINES AND WAS PREPARED EXCLUSIVELY FROM INSTRUMENTS OF RECORD AND IS SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHT-OF-WAYS, IF ANY. Di -28-2019 ERIC S. DURKIN ARKANSAS P.L.S. #1718 AGENT FOR ALLGEIER, MARTIN and ASSOCIATES, INC. I FOUND IRON PIN +� I WITH CAP 1 1 x IxI EXISTING j f SUBSTATION x x SITE f I x I f x I `X— X— X x L3, L10 -� L2--T--- I I #� L1, I I L8 OZARKS ELECTRIC 1 OF 2 COOPERATIVE CORP. EXHIBIT 11A" PART OF SOUTHEAST 1/4- SEC, /4SEC, 29-T17N-R29W WASHINGTON COUNTY, AR NOT TO SCALE fox WATER TOWER CITY PROPERTY �+ CD I EXISTING INGRESS\EGRESS AS STATED DEED 2003 BOOK 00025443 FOUND IRON PIN WITH CAP SW CORNER SE 1/4 OF THE SE1/4 SEC. 29-T17N-R29W WASHINGTON COUNTY, AR LEGEND 0 FOUND IRON PIN —X—X— FENCE -- — — — PROPERTY LINE - — SECTION LINE — ROAD PL5Lo L13 FIBER co I w FIBER BUILDING -j 171 BUILDING _L7 INGRESS\EGRESS L11 1-19 P.O.B. #1 P.O.B. #2 THIS EXHIBIT DEPICTS APPARENT OWNERSHIP LINES AND WAS PREPARED EXCLUSIVELY FROM INSTRUMENTS OF RECORD AND IS SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHT-OF-WAYS, IF ANY. Di -28-2019 ERIC S. DURKIN ARKANSAS P.L.S. #1718 AGENT FOR ALLGEIER, MARTIN and ASSOCIATES, INC. I GULLEY ROAD SUBSTATION FIBER BUILDING AND INGRESS\EGRESS OZARKS ELECTRIC COOPERATIVE CORP. EXHIBIT "All A TRACT OF LAND BEING LOCATED IN THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 29 TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING DESCRIBED MORE FULLY AS FOLLOWS: COMMENCING AT A FOUND IRON PIN WITH ID CAP AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST (1/4) OF SAID SECTION 29. THENCE N0234W'E ALONG THE WEST UNE OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 29, 396.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF AN EXISTING SUBSTATION SITE; THENCE S87'3011"E ALONG THE SOUTH LINE OF SAID SITE, 330.00 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID SITE; THENCE NO2'3416"E ALONG THE EAST LINE OF SAID SITE, 62.19 FEET MORE OR LESS TO THE POINT OF BEGINNING #1; THENCE CONTINUING N023416"E, 24.00 FEET MORE OR LESS; THENCE S87'25'44"E, 40.00 FEET MORE OR LESS; THENCE S023416"W, 24.00 FEET MORE OR LESS; THENCE N87"2544"W, 40.00 FEET MORE OR LESS TO THE POINT OF BEGINNING #1. CONTAINING 0.03 ACRES MORE OR LESS, SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHT-OF-WAYS, IF ANY. COMMENCING AT THE ABOVE SAID POINT OF BEGINNING #1, THENCE S87`25'44"E, 40.00 FEET MORE OR LESS TO THE POINT OF BEGINNING #2; THENCE NO2 34W'E, 24.00 FEET MORE OR LESS; THENCE S87'46'26"E, 30.69 FEET MORE OR LESS; THENCE N4734W'E, 6.19 FEET MORE OR LESS; THENCE N07b2'06"E, 36.75 FEET MORE OR LESS; THENCE 147372015"E, 25.73 FEET MORE OR LESS; THENCE S0531'33"W, 61.40 FEET MORE OR LESS; THENCE S47 3416"W, 17.21 FEET MORE OR LESS; THENCE N87 40'08"W, 46.89 FEET MORE OR LESS TO THE POINT OF BEGINNING #2. CONTAINING 0.06 ACRES MORE OR LESS. SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHT-OF-WAYS, IF ANY. 01-28-2019 2OF2 LINE TABLE LINE If LENGTH DIRECTION L1 396.00' N023 416"E L2 330.00' S137'30111 "E L3 62.19' N023416"E L4 24.00' N023416"E L5 40.00' S87~2544"E L6 24.00' S023416"W L7 40.00' N87'2544"W LB 396.00' N023416"E L9 330.00' S873011 "E L10 62.19' N 023416"E L11 40.00' S87"25'44"E L12 24.00' NO2'3416"E L13 30.69' S87 4626"E L14 6.19' N473416"E L15 36.75' N07b2'06"E L16 25.73' N7312015"E L17 61.40' S0531'33"W L18 17.21' S473416"W L19 46.89' N87'40'08"W ERIC S. DURKIN ARKANSAS P.L.S. #1718 AGENT FOR AL_LGEIER, MARTIN and ASSOCIATES, INC. 3, Ozarks Electric Cooperative Corporation Warranty Deed and Access Easement City of Fayetteville Staff Review Form 2019-0193 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Asst. City Attorney Blake Pennington 3/.25/2019 CITY ATTORNEY (021) Submitted By Submitted Date Division / Department Action Recommendation: Mayor's signature on Warranty Deed and Access Easement in favor of Ozarks Go, LLC for property near the Gulley Road Water Tank. Ozarks Go proposes to build a fiber but and driveway for access to the but from an existing driveway on site. The City will receive $3,450.00 for the conveyance of 0.03 acres for the but and $1,937.50 for the access easement. Mayor was authorized to execute the deeds pursuant to Resolution 69-19. _ Account Number Project Number Budgeted Item? NA Budget Impact: Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Fund Project Title V20180321 Purchase Order Number: Previous Ordinance or Resolution # Res. 69-19 Change Order Number: Original Contract Number: Comments: Approval Date: DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan FROM: Blake Pennington, Assistant City Attorne5; DATE: March 26, 2019 RE: Deeds to Ozarks Go, LLC Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal Pursuant to Resolution 69-19, you are authorized to execute the attached warranty deed and access easement deed for property near the Gulley Road Water Tank to Ozarks Go, LLC for the construction of their fiber hut. The City will receive $3,450.00 for the conveyance of approximately 0.3 acres on which Ozarks Go, LLC will construct a building to house equipment related to its deployment of fiber optic internet services. The City will also receive $1,937.50 for the conveyance of an access easement which will allow Ozarks Go, LLC to build a driveway for access to its new building from an existing driveway on the site. WARRANTY DEED 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 Three Thousand Four Hundred Fifty Dollars ($3,450.00), the receipt of which is hereby acknowledged, and the public interest, does hereby grant, bargain, sell and convey unto Ozarks Electric Cooperative Corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated in the County of Washington, State of Arkansas, to -wit: A TRACT OF LAND BEING LOCATED IN THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 29 TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING DESCRIBED MORE FULLY AS FOLLOWS: COMMENCING AT A FOUND IRON PIN WITH ID CAP AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST (1/4) OF SAID SECTION 29. THENCE 02"34'16"E ALONG THE WEST LINE OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 29, 396.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF AN EXISTING SUBSTATION SITE; THENCE S87"30'11"E ALONG THE SOUTH LINE OF SAID SITE, 330.00 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID SITE; THENCE NO2"34'16"E ALONG THE EAST LINE OF SAID SITE, 62.19 FEET MORE OR LESS TO THE POINT OF BEGINNING #1; THENCE CONTINUING NO2"34'16"E, 24.00 FEET MORE OR LESS; THENCE S8725'44"E, 40.00 FEET MORE OR LESS; THENCE S02"34'16"W, 24.00 FEET MORE OR LESS; THENCE N87"25'44"W, 40.00 FEET MORE OR LESS TO THE POINT OF BEGINNING #1. BEING THE SAME LAND SHOWN AS THE "FIBER BUILDING" AND DESCRIBED AS "FIBER BUILDING PROPERTY DESCRIPTION" IN THE SURVEY ATTACHED AS EXHIBIT "A'. CONTAINING 0.03 ACRES MORE OR LESS. SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHTS-OF-WAY, IF ANY. TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantor hereby covenants that it is lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantor will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS the execution hereof on this the 1 day of Ari1 2019. CITY OF FAYETTEVILLE, ARKANSAS REVENUE STAMPS AFFIDAVIT The foregoing deed has the correct amount of Revenue Stamps affixed or is exem from such stamps. Signed: Name: Address: ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON 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 -Treasurer, 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 m ntioned and set forth. WITNESS my hand and seal on this S-- day of 2019. Expires: OZ -1- oto OUB LIO 2 00 '-*, GULLEY ROAD SUBSTATION FIBER BUILDING AND INGRESS\EGRESS FOUND IRON PIN WITH CAP x X X _x I I tx I EXISTING 7 I SUBSTATION x " SITE 1 I I x 1 �X—x—X > _ �L33,, L10 L2, L9 —� 1 L1, L8 t t OZARKS ELECTRIC 1 of 2 COOPERATIVE CORP. EXHIBIT "A" PART OF SOUTHEAST 1/4 SEC. 29-T17N-R29W WASHINGTON COUNTY, AR NOT TO SCALE x O 1WATER TOWER x 611 CITY PROPERTY r I I L --X aII EXISTING INGRESS\EGRESS AS ---STATED DEED 2003 BOOK 00025443 FOUND IRON PIN WITH CAP _ SW CORNER SE 1/4 OF THE SE1/4 SEC. 29-T17N-R29W WASHINGTON COUNTY, AR LEGEND O FOUND IRON PIN —X—X— FENCE — — -- -- PROPERTY LINE — — SECTION LINE -- — — — ROAD �R�VE -- --EX15�NG I i I "t J I L5 L13 J FIBER (o I ci FIBER BUILDING —'171 BUILDING L7 INGRESS\EGRESS _ LI T L19 P.O.B. #1 P.O.B. #2 THIS EXHIBIT DEPICTS APPARENT OWNERSHIP LINES AND WAS PREPARED EXCLUSIVELY FROM INSTRUMENTS OF RECORD AND IS SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHT-OF-WAYS, IF ANY. 01-28-2019 vcc ERIC S. DURKIN ARKANSAS P.L.S. #1718 AGENT FOR ALLGEIER, MARTIN and ASSOCIATES, INC. I GULLEY ROAD OZARKS ELECTRIC 2 of 2 SUBSTATION FIBER BUILDING AND COOPERATIVE CORP. INGRESS\EGRESS 1 i I s EXHIBIT A A TRACT OF LAND BEING LOCATED IN THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 29 TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS. BEING DESCRIBED MORE FULLY AS FOLLOWS: COMMENCING AT A FOUND IRON PIN WITH ID CAP AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST (1/4) OF SAID SECTION 29. THENCE N023416"E ALONG THE WEST UNE OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 29, 396.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF AN EXISTING SUBSTATION SITE; THENCE S873011 "E ALONG THE SOUTH LINE OF SAID SITE, 330.00 FEET MORE. OR LESS TO THE SOUTHEAST CORNER OF SAID SITE; THENCE N023416"E ALONG THE EAST LINE OF SAID SITE, 62.19 FEET MORE OR LESS TO THE POINT OF BEGINNING #1; THENCE CONTINUING N0234'16"E, 24.00 FEET MORE OR LESS; THENCE S8725'44"E, 40.00 FEET MORE OR LESS; THENCE 50234'16"W, 24.00 FEET MORE OR LESS; THENCE N872544"W, 40.00 FEET MORE OR LESS TO THE POINT OF BEGINNING #1. CONTAINING 0.03 ACRES MORE OR LESS, SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHT-OF-WAYS, IF ANY. COMMENCING AT THE ABOVE SAID POINT OF BEGINNING #1, THENCE S8725'44"E, 40.00 FEET MORE OR LESS TO THE POINT OF BEGINNING #2; THENCE NO2°34)6"E, 24.00 FEET MORE OR LESS; THENCE S87°46'26"E, 30.69 FEET MORE OR LESS; THENCE N473416"E, 6.19 FEET MORE OR LESS; THENCE N07°02'06"E, 36.75 FEET MORE OR LESS; THENCE N73 20'15"E, 25.73 FEET MORE OR LESS; THENCE 50531'33"W, 61.40 FEET MORE OR LESS; THENCE S4734'16"W, 17.21 FEET MORE OR LESS; THENCE N87°40'08"W, 46.89 FEET MORE OR LESS TO THE POINT OF BEGINNING #2. CONTAINING 0.06 ACRES MORE OR LESS. SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHT-OF-WAYS, IF ANY. ERIC S. DURKIN ARKANSAS P.L.S. #1718 AGENT FOR ALLGEIER, MARTIN and ASSOCIATES, INC. LINE TABLE LINE # LENGTH DIRECTION L1 396.00' NO2'34'16"E L2 330.00' S87°3011 "E L3 62.19' N0234'16"E L4 24.00' N023416"E L5 40.00' S87 2544"E L6 24.00' 50234'16"W L7 40.00' N872544"W L8 396.00' N023416"E L9 330.00' S87'3011 "E L10 62.19' N023416"E L11 40.00' S8725'44"E L12 24.00' N023416"E L13 30.69' S8746'26"E L14 6.19' N4734`16"E L15 36.75' N07 02'06"E L16 25.73' N73 2015"E L17 61.40' 50531'33"W L18 17.21' 547`3416"W L19 46.89' N87`40'08"W ERIC S. DURKIN ARKANSAS P.L.S. #1718 AGENT FOR ALLGEIER, MARTIN and ASSOCIATES, INC. Ozarks Electric Cooperative Corporation Warranty Deed and Access Easement City of Fayetteville Staff Review Form 2019-0193 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Asst. City Attorney Blake Pennington 3/.25/2019 CITY ATTORNEY (021) Submitted By Submitted Date Division / Department Action Recommendation: Mayor's signature on Warranty Deed and Access Easement in favor of Ozarks Go, LLC for property near the Gulley Road Water Tank. Ozarks Go proposes to build a fiber but and driveway for access to the but from an existing driveway on site. The City will receive $3,450.00 for the conveyance of 0.03 acres for the but and $1,937.50 for the access easement. Mayor was authorized to execute the deeds pursuant to Resolution 69-19. _ Account Number Project Number Budgeted Item? NA Budget Impact: Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Fund Project Title V20180321 Purchase Order Number: Previous Ordinance or Resolution # Res. 69-19 Change Order Number: Original Contract Number: Comments: Approval Date: ACCESS 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 Thousand Nine Hundred Thirty Seven Dollars and Fifty Cents ($1,937.50) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto Ozarks Electric Cooperative Corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement for ingress, egress and access purposes in, on, over, and across the following described land situated in the County of Washington, State of Arkansas, to -wit: A TRACT OF LAND BEING LOCATED IN THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 29 TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING DESCRIBED MORE FULLY AS FOLLOWS: BEGINNING AT A FOUND IRON PIN WITH ID CAP AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST (1/4) OF SAID SECTION 29. THENCE 02"34'16"E ALONG THE WEST LINE OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 29, 396.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF AN EXISTING SUBSTATION SITE; THENCE S87"3011"E ALONG THE SOUTH LINE OF SAID SITE, 330.00 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID SITE; THENCE NO2"34'16"E ALONG THE EAST LINE OF SAID SITE, 62.19 FEET MORE OR LESS TO THE POINT OF BEGINNING #1;THENCE S87"25'44"E, 40.00 FEET MORE OR LESS TO THE POINT OF BEGINNING #2; THENCE NO2"34'16"E, 24.00 FEET MORE OR LESS; THENCE S8746'26"E, 30.69 FEET MORE OR LESS; THENCE N4734'16"E, 6.19 FEET MORE OR LESS; THENCE N07"02'06"E, 36.75 FEET MORE OR LESS; THENCE N73"20'15"E, 25.73 FEET MORE OR LESS; THENCE S05"31'33"W, 61.40 FEET MORE OR LESS; THENCE S47"34'16"W, 17.21 FEET MORE OR LESS; THENCE N87"40'08"W, 46.89 FEET MORE OR LESS TO THE POINT OF BEGINNING #2. BEING THE SAME LAND SHOWN AS "FIBER BUILDING INGRESS/EGRESS" AND DESCRIBED AS "INGRESS/EGRESS DESCRIPTION" IN THE SURVEY ATTACHED AS EXHIBIT 'WHERETO. CONTAINING 0.06 ACRES MORE OR LESS. SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHTS-OF- WAY, IF ANY. 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 Grantees, their heirs, successors and assigns, for the uses and purposes hereinabove set forth. The Grantor agrees not to erect any permanent buildings or structures in said access easement area. The consideration first above recited as being paid to Grantors 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 A 1 , 2019. City of yettev e, Arkansas, rAmu ipai c r rat on , Re ATTEST:: ••I geld Jo an, yor —� EVILLE• :FAYETT Sondra Smith, City Clerk�,� ,• �� [Seal] y •, 9RkgN`_�';,•,�;F G 0# '�`� ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON 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. , } WITNESS my hand and seal on this day of 1 12019. ntnmi�e MY COMMISSION EXPIRES: %S oN ; O�,;0. VAn w b�9! s :, Notary Public oZ-l-01Or2LI mumEY*OAo SUBSTATION nesn eu|u)/wn AND |w8RESS\EGRESs OZARKS ELECTRIC COOPERATIVE CORP. EXHIBIT "A" PART OF SOUTHEAST 1/4 s[o. 29n7w'R29w WASHINGTON COUNTY, AR FOUND IRON PIN WITH CAP _ SW CORNER sc 14oFTHE ss1/4 SEC. 29'n7w'x29w WASHINGTON COUNTY, AR LEGEND o FOUND U*ow PIN --:--»--' rEmcc ------- PROPERTY LINE ------- sEcnow LINE -------- xoxo CITY PROPERTY EXISTING INGRESS\EGRESS AS STATED DEED 2003 BOOK 00025443 L5 L13 N FIBER I FIBER BUILDING :j BUILDING L7 INGRESS\EGRESS THIS EXHIBIT DEPICTS APPARENT OWNERSHIP UwE3 AND WAS pnspAREo EXCLUSIVELY FROM INSTRUMENTS OF RECORD AND IS SUBJECT TO ALL RESTR|CTI0N5, EASEMENTS OR R|GnpUF0wYS. IF ANY. 01-28-2019 ERIC s oonKm xnxmvSxs P.L.S.e AGENT FOR ALuEIEx, MARTIN vno xssomAT[s. INC. n GULLEY ROAD SUBSTATION FIBER BUILDING AND INGRESS\EGRESS OZARKS ELECTRIC COOPERATIVE CORP. EXHIBIT "A" A TRACT OF LAND BEING LOCATED IN THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 29 TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING DESCRIBED MORE FULLY AS FOLLOWS: COMMENCING AT A FOUND IRON PIN WITH ID CAP AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST (1/4) OF SAID SECTION 29. THENCE N0234i6"E ALONG THE WEST UNE OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 29, 396.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF AN EXISTING SUBSTATION SITE; THENCE S873011"E ALONG THE SOUTH LINE OF SAID SITE, 330.00 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID SITE; THENCE N0234'16"E ALONG THE EAST UNE OF SAID SITE, 62.19 FEET MORE OR LESS TO THE POINT OF BEGINNING #1; THENCE CONTINUING NO2 34'16" E, 24.00 FEET MORE OR LESS; THENCE S87'25'44"E, 40.00 FEET MORE OR LESS; THENCE S02`34'16"W, 24.00 FEET MORE OR LESS; THENCE N87 25'44"W, 40.00 FEET MORE OR LESS TO THE POINT OF BEGINNING #1. CONTAINING 0.03 ACRES MORE OR LESS. SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHT-OF-WAYS, IF ANY. COMMENCING AT THE ABOVE SAID POINT OF BEGINNING #1, THENCE S8725'44"E, 40.00 FEET MORE OR LESS TO THE POINT OF BEGINNING #2; THENCE N023496"E, 24.00 FEET MORE OR LESS; THENCE S8746'26"E, 30.69 FEET MORE OR LESS; THENCE N473496"E, 6.19 FEET MORE OR LESS; THENCE N07"02'06"E, 36.75 FEET MORE OR LESS; THENCE N73 2095"E, 25.73 FEET MORE OR LESS; THENCE S0531'33"W, 61.40 FEET MORE OR LESS; THENCE S47 3496"W, 17.21 FEET MORE OR LESS; THENCE N87'40'08"W, 46.89 FEET MORE OR LESS TO THE POINT OF BEGINNING #2. CONTAINING 0.06 ACRES MORE OR LESS. SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHT-OF-WAYS, IF ANY. 2 OF 2 ERIC S. DURKIN ARKANSAS P.L.S. #1718 AGENT FOR ALLGEIER, MARTIN and ASSOCIATES, INC. UNE TABLE UNE # LENGTH DIRECTION Lt 396.00' N023416"E L2 330.00' S873011 "E L3 62.19' N023416"E L4 24.00' N023416"E L5 40.00' S87 25'44"E L6 24.00' S0234'16"W , L7 40.00' N872544"W L8 396.00' NO2 3416"E L9 330.00' S87'30 1 "E L10 62.19' N023416"E L11 40.00' S8725'44"E L12 24.00' N023416"E L13 30.69' S87 46'26"E L14 6.19' N473416"E L15 36.75' N07°02'06"E L16 25.73' N732015"E L17 61.40' S0531'33"W L18 17.21' S473416"W L19 46.89' N87'40'08"W ERIC S. DURKIN ARKANSAS P.L.S. #1718 AGENT FOR ALLGEIER, MARTIN and ASSOCIATES, INC. ACCESS 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 Thousand Nine Hundred Thirty Seven Dollars and Fifty Cents ($1,937.50) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto Ozarks Electric Cooperative Corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement for ingress, egress and access purposes in, on, over, and across the following described land situated in the County of Washington, State of Arkansas, to -wit: A TRACT OF LAND BEING LOCATED IN THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 29 TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING DESCRIBED MORE FULLY AS FOLLOWS: BEGINNING AT A FOUND IRON PIN WITH ID CAP AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST (1/4) OF SAID SECTION 29. THENCE 02"34'16"E ALONG THE WEST LINE OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 29, 396.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF AN EXISTING SUBSTATION SITE; THENCE S87"3011"E ALONG THE SOUTH LINE OF SAID SITE, 330.00 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID SITE; THENCE NO2"34'16"E ALONG THE EAST LINE OF SAID SITE, 62.19 FEET MORE OR LESS TO THE POINT OF BEGINNING #1;THENCE S87"25'44"E, 40.00 FEET MORE OR LESS TO THE POINT OF BEGINNING #2; THENCE NO2"34'16"E, 24.00 FEET MORE OR LESS; THENCE S8746'26"E, 30.69 FEET MORE OR LESS; THENCE N4734'16"E, 6.19 FEET MORE OR LESS; THENCE N07"02'06"E, 36.75 FEET MORE OR LESS; THENCE N73"20'15"E, 25.73 FEET MORE OR LESS; THENCE S05"31'33"W, 61.40 FEET MORE OR LESS; THENCE S47"34'16"W, 17.21 FEET MORE OR LESS; THENCE N87"40'08"W, 46.89 FEET MORE OR LESS TO THE POINT OF BEGINNING #2. BEING THE SAME LAND SHOWN AS "FIBER BUILDING INGRESS/EGRESS" AND DESCRIBED AS "INGRESS/EGRESS DESCRIPTION" IN THE SURVEY ATTACHED AS EXHIBIT 'WHERETO. CONTAINING 0.06 ACRES MORE OR LESS. SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHTS-OF- WAY, IF ANY. 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 Grantees, their heirs, successors and assigns, for the uses and purposes hereinabove set forth. The Grantor agrees not to erect any permanent buildings or structures in said access easement area. The consideration first above recited as being paid to Grantors 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 A 1 , 2019. City of yettev e, Arkansas, rAmu ipai c r rat on , Re ATTEST:: ••I geld Jo an, yor —� EVILLE• :FAYETT Sondra Smith, City Clerk�,� ,• �� [Seal] y •, 9RkgN`_�';,•,�;F G 0# '�`� ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON 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. , } WITNESS my hand and seal on this day of 1 12019. ntnmi�e MY COMMISSION EXPIRES: %S oN ; O�,;0. VAn w b�9! s :, Notary Public oZ-l-01Or2LI mumEY*OAo SUBSTATION nesn eu|u)/wn AND |w8RESS\EGRESs OZARKS ELECTRIC COOPERATIVE CORP. EXHIBIT "A" PART OF SOUTHEAST 1/4 s[o. 29n7w'R29w WASHINGTON COUNTY, AR FOUND IRON PIN WITH CAP _ SW CORNER sc 14oFTHE ss1/4 SEC. 29'n7w'x29w WASHINGTON COUNTY, AR LEGEND o FOUND U*ow PIN --:--»--' rEmcc ------- PROPERTY LINE ------- sEcnow LINE -------- xoxo CITY PROPERTY EXISTING INGRESS\EGRESS AS STATED DEED 2003 BOOK 00025443 L5 L13 N FIBER I FIBER BUILDING :j BUILDING L7 INGRESS\EGRESS THIS EXHIBIT DEPICTS APPARENT OWNERSHIP UwE3 AND WAS pnspAREo EXCLUSIVELY FROM INSTRUMENTS OF RECORD AND IS SUBJECT TO ALL RESTR|CTI0N5, EASEMENTS OR R|GnpUF0wYS. IF ANY. 01-28-2019 ERIC s oonKm xnxmvSxs P.L.S.e AGENT FOR ALuEIEx, MARTIN vno xssomAT[s. INC. n GULLEY ROAD SUBSTATION FIBER BUILDING AND INGRESS\EGRESS OZARKS ELECTRIC COOPERATIVE CORP. EXHIBIT "A" A TRACT OF LAND BEING LOCATED IN THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 29 TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING DESCRIBED MORE FULLY AS FOLLOWS: COMMENCING AT A FOUND IRON PIN WITH ID CAP AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST (1/4) OF SAID SECTION 29. THENCE N0234i6"E ALONG THE WEST UNE OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 29, 396.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF AN EXISTING SUBSTATION SITE; THENCE S873011"E ALONG THE SOUTH LINE OF SAID SITE, 330.00 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID SITE; THENCE N0234'16"E ALONG THE EAST UNE OF SAID SITE, 62.19 FEET MORE OR LESS TO THE POINT OF BEGINNING #1; THENCE CONTINUING NO2 34'16" E, 24.00 FEET MORE OR LESS; THENCE S87'25'44"E, 40.00 FEET MORE OR LESS; THENCE S02`34'16"W, 24.00 FEET MORE OR LESS; THENCE N87 25'44"W, 40.00 FEET MORE OR LESS TO THE POINT OF BEGINNING #1. CONTAINING 0.03 ACRES MORE OR LESS. SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHT-OF-WAYS, IF ANY. COMMENCING AT THE ABOVE SAID POINT OF BEGINNING #1, THENCE S8725'44"E, 40.00 FEET MORE OR LESS TO THE POINT OF BEGINNING #2; THENCE N023496"E, 24.00 FEET MORE OR LESS; THENCE S8746'26"E, 30.69 FEET MORE OR LESS; THENCE N473496"E, 6.19 FEET MORE OR LESS; THENCE N07"02'06"E, 36.75 FEET MORE OR LESS; THENCE N73 2095"E, 25.73 FEET MORE OR LESS; THENCE S0531'33"W, 61.40 FEET MORE OR LESS; THENCE S47 3496"W, 17.21 FEET MORE OR LESS; THENCE N87'40'08"W, 46.89 FEET MORE OR LESS TO THE POINT OF BEGINNING #2. CONTAINING 0.06 ACRES MORE OR LESS. SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHT-OF-WAYS, IF ANY. 2 OF 2 ERIC S. DURKIN ARKANSAS P.L.S. #1718 AGENT FOR ALLGEIER, MARTIN and ASSOCIATES, INC. UNE TABLE UNE # LENGTH DIRECTION Lt 396.00' N023416"E L2 330.00' S873011 "E L3 62.19' N023416"E L4 24.00' N023416"E L5 40.00' S87 25'44"E L6 24.00' S0234'16"W , L7 40.00' N872544"W L8 396.00' NO2 3416"E L9 330.00' S87'30 1 "E L10 62.19' N023416"E L11 40.00' S8725'44"E L12 24.00' N023416"E L13 30.69' S87 46'26"E L14 6.19' N473416"E L15 36.75' N07°02'06"E L16 25.73' N732015"E L17 61.40' S0531'33"W L18 17.21' S473416"W L19 46.89' N87'40'08"W ERIC S. DURKIN ARKANSAS P.L.S. #1718 AGENT FOR ALLGEIER, MARTIN and ASSOCIATES, INC. Type: REAL ESTATE Kind: EASEMENT Recorded: 4!5!2019 2:02:52 PM Fee Amt: $30.00 Page 1 of 4 ACCESS EASEMENT Washington County, AR Kyle Sylvester Circuit Clerk BE IT KNOWN BY THESE PRESENTS: Flit'# 2019-00009273 THAT the City of Fayetteville, Arkansas a municipal corporation, hereinafter called GRANTOR, for and in consideration of the sum of One Thousand Nine Hundred Thirty Seven Dollars and Fifty Cents ($1,937.50) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto Ozarks Electric Cooperative Corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement for ingress, egress and access purposes in, on, over, and across the following described land situated in the County of Washington, State of Arkansas, to -wit: A TRACT OF LAND BEING LOCATED IN THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 29 TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING DESCRIBED MORE FULLY AS FOLLOWS: BEGINNING AT A FOUND IRON PIN WITH ID CAP AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST (1t4) OF SAID SECTION 29, THENCE 02"34'16"E ALONG THE WEST LINE OF THE SOUTHEAST QUARTER (114) OF THE SOUTHEAST QUARTER (114) OF SAID SECTION 29, 396.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF AN EXISTING SUBSTATION SITE; THENCE S87"3011"E ALONG THE SOUTH LINE OF SAID SITE, 330.00 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID SITE; THENCE NO2"34'16"E ALONG THE EAST LINE OF SAID SITE, 62.19 FEET MORE OR LESS TO THE POINT OF BEGINNING #1;THENCE S87"25'44"E, 40.00 FEET MORE OR LESS TO THE POINT OF BEGINNING #2; THENCE NO2"34'16"E, 24.00 FEET MORE OR LESS; THENCE S8746'26"E, 30.69 FEET MORE OR LESS; THENCE N4734'16"E, 6,19 FEET MORE OR LESS; THENCE N0702'06"E, 36.75 FEET MORE OR LESS: THENCE N73"20'15"E, 25.73 FEET MORE OR LESS; THENCE S05"31'33"W, 61.40 FEET MORE OR LESS; THENCE S47"34'16"W, 17.21 FEET MORE OR LESS; THENCE N87"40'08"W, 46.89 FEET MORE OR LESS TO THE POINT OF BEGINNING #2. BEING THE SAME LAND SHOWN AS "FIBER BUILDING INGRESSIEGRESS" AND DESCRIBED AS "INGRESSIEGRESS DESCRIPTION" IN THE SURVEY ATTACHED AS EXHIBIT 'WHERETO, CONTAINING 0.06 ACRES MORE OR LESS. SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHTS-OF- WAY, IF ANY, Together with the rights, easements, and privileges in or to said lands which may be required forthe full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantees, their heirs, successors and assigns, for the uses and purposes hereinabove set forth. The Grantor agrees not to erect any permanent buildings or structures in said access easement area. The consideration first above recited as being paid to Grantors 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 Wp2 1 2019. City of eyetteville,-A 0%%11411r) r�, A mu ipai cQJr�rat 1.. Rqs,�'�� ATTEST: •[i e!d Jordan, yor -n2CC.L��?,Izt� Z`1���,•.q c' (Seal) Sondra Smith, City Clerk �, �, . ?K�st` '•: ; I' File Number: 2019-00009273 Page 1 of 4 ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON ) 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. WITNESS my hand and seal on this day of 2019. MY COMMISSION EXPIRES: BRAlttrrr� A �} ;g�` Notary Public - tX-f) 'd0r2jj • •$ ,AOTAf�y <o• r. r • iD • •GI) • PUBLIC l File Number: 2019-00009273 Page 2 of 4 GULLEY ROAD SUBSTATION FIBER BUILDING AND INGRESS\EGRESS FOUND IRON PIN WITH CAP x EXISTING I SUBSTATION'{ XSITE X x— X— x— L3. L10 L2. LT L1, LS OZARKS ELECTRIC COOPERATIVE CORP. EXHIBIT "A" PART OF SOUTHEAST 1/4 SEC. 29-TI7N-R29W WASHINGTON COUNTY, AR F— Y, x I I WATER 0 TOWER L )( 'j FOUND IRON PIN WITH CAP SW CORNER SE 1/4 OF THE SE11/4 SEC. 29-T17N-R29W WASHINGTON COUNTY, AR - LEGEND CITY PROPERTY 1 OF 2 NOT TO SCALE EXISYING INGRESS\EGRESS AS 0 STATED DEED 2003 BOOK 0002�5443 G OR L5 L13 FIBER I c'j FIBER BUILDING _J175 BUILDING INGRESS\EGRESS -Ss LI1 —Js7 P.O.B. #1 P. 0— B. —#2 0 FOUND IRON PIN —X—X— FENCE PROPERTY LINE SECTION LINE ROAD THIS EXHIBIT DEPICTS APPARENT OWNERSHIP LINES AND WAS PREPARED EXCLUSIVELY FROM INSTRUMENTS OF RECORD AND IS SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHT-OF-WAYS, IF ANY. 01-28-2019 ERIC S. DURKIN ARKANSAS P.L.S. #1718 AGENT FOR ALLGEtER, MARTIN and ASSOCIATES, INC. File Number: 2019-00009273 Page 3 of 4 GULLEY ROAD OZARKS ELECTRIC ATION FBSERTBUILDING AND COOPERATIVE CORP, INGRESS\EGRESS EXHIBIT "A" FIBER BUILDING PROPERTY DESCRIPTION: A TRACT OF LAND BEING LOCATED IN THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 29 TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING DESCRIBED MORE FULLY AS FOLLOWS: COMMENCING AT A FOUND IRON PIN WITH ID CAP AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST (1/4) OF SAID SECTION 29. THENCE NO2'3446"E ALONG THE WEST LINE OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 29, 396.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF AN EXISTING SUBSTATION SITE; THENCE S87'30'11 "E ALONG THE SOUTH LINE OF SAID SITE, 330.00 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID SITE; THENCE N0234'16"E ALONG THE EAST LINE OF SAID SITE, 62.19 FEET MORE OR LESS. TO THE POINT OF BEGINNING #1; THENCE CONTINUING N0234'16"E, 24.00 FEET MORE OR LESS; THENCE S8725'44"E, 40.00 FEET MORE OR LESS; THENCE 502°34'16"W, 24.00 FEET MORE OR LESS; THENCE N87 2544"W, 40.00 FEET MORE OR LESS TO THE POINT OF BEGINNING #1. CONTAINING 0.03 ACRES MORE OR LESS. SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHT-OF-WAYS, IF ANY. COMMENCING AT THE ABOVE SAID POINT OF BEGINNING #1, THENCE S8725'44"E, 40.00 FEET MORE OR LESS TO THE POINT OF BEGINNING #2; THENCE N0234'16"E, 24.00 FEET MORE OR LESS; THENCE S87'46'26"E, 30.69 FEET MORE OR LESS; THENCE N473446"E, 6.19 FEET MORE OR LESS; THENCE N07 02'06"E, 36.75 FEET MORE OR LESS; THENCE N7320'15"E, 25.73 FEET MORE OR LESS; THENCE S053133"W, 61.40 FEET MORE OR LESS; THENCE S47'34'16"W, 17.21 FEET MORE OR LESS; THENCE N87'40'08"W, 46.89 FEET MORE OR LESS TO THE POINT OF BEGINNING #2. CONTAINING 0.06 ACRES MORE OR LESS. SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHT-OF-WAYS, IF ANY. 01-28-2019 2 OF 2 ERIC S. DURKIN ARKANSAS P.L.S. #1718 AGENT FOR ALLGEIER. MARTIN and ASSOCIATES, INC. z.: Washington County, AR I certify this instrument was filed on 4!5/2019 2:02:52 PM and recorded in REAL ESTATE File Number: 2019-00009273 Page 4 of 4 choir gno-nnnnagwa LINE TABLE LINE # LENGTH DIRECTION L1 396.00' N0234'16"E L2 330.00' S873641 " E L3 62.19' N023446"E L4 24.00' N023446"E L5 40.00' S87 25'44"E L6 24.00' 502'34'16"W L7 40.00' N872544"W L8 396.00' N0234'16"E L9 330.00' S87°30'11 "E L10 62.19' N023446"E L11 40.00' S8725'44"E L12 24.00' N023446"E L13 30.69' S87°46'26"E L14 6.19' N473446"E L15 36.75' N07 02'06"E L16 25.73' N73`2045"E L17 61,40' 505'31'33"W L18 17.21' S4734'16"W L19 46.89' N87"40'08"W ERIC S. DURKIN ARKANSAS P.L.S. #1718 AGENT FOR ALLGEIER. MARTIN and ASSOCIATES, INC. z.: Washington County, AR I certify this instrument was filed on 4!5/2019 2:02:52 PM and recorded in REAL ESTATE File Number: 2019-00009273 Page 4 of 4 choir gno-nnnnagwa Type: REAL ESTATE Kind: WARRANTY DEED Recorded: 4/5/2019 2:02:28 PM Fee Amt: $30.00 Page 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk WARRANTY DEED File# 2019 -00009272 - 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 Three Thousand Four Hundred Fifty Dollars ($3,450.00), the receipt of which is hereby acknowledged, and the public interest, does hereby grant, bargain, sell and convey unto Ozarks Electric Cooperative Corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated in the County of Washington, State of Arkansas, to -wit: A TRACT OF LAND BEING LOCATED IN THE SOUTHEAST QUARTER (1/4) OF- THE SOUTHEAST QUARTER (1/4) OF SECTION 29 TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING DESCRIBED MORE FULLY AS FOLLOWS: COMMENCING AT A FOUND IRON PIN WITH ID CAP AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST (1/4) OF SAID SECTION 29. THENCE 02"34'16"E ALONG THE WEST LINE OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (114) OF SAID SECTION 29, 396.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF AN EXISTING SUBSTATION SITE: THENCE S87"30'1 1"E ALONG THE SOUTH LINE OF SAID SITE, 330.00 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID SITE; THENCE NO2"34'16"E ALONG THE EAST LINE OF SAID SITE, 62.19 FEET MORE OR LESS TO THE POINT OF BEGINNING #1; THENCE CONTINUING NO2"34'16"E, 24.00 FEET MORE OR LESS; THENCE S87"25'44"E, 40.00 FEET MORE OR LESS; THENCE S02"34'16"W, 24.00 FEET MORE OR LESS: THENCE N87"25'44"W, 40.00 FEET MORE OR LESS TO THE POINT OF BEGINNING #1. BEING THE SAME LAND SHOWN AS THE "FIBER BUILDING" AND DESCRIBED AS "FIBER BUILDING PROPERTY DESCRIPTION" IN THE SURVEY ATTACHED AS EXHIBIT "A'. - CONTAINING 0.03 ACRES MORE OR LESS. SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHTS-OF-WAY, IF ANY. TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantor hereby covenants that it is - lawfully seized of said lands and premises: that the same is unencumbered, and that the Grantor will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS the execution hereof on this the 1k day of Alq 1 2019. CITY OF FAYETTEVILLE, ARKANSAS aril-- /� File Number: 2019-00009272 Page 1 of 4 REVENUE STAMPS AFFIDAVIT The foregoing deed has the correct amount of Revenue _ Stamps affixed or is exempt from such stamps. Name: Address: ACKNOWLEDGMENT STATE OF ARKANSAS } COUNTY OF WASHINGTON } 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 -Treasurer, 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 m ntioned and set forth. WITNESS my hand and seat on this I S--' day of _ 2019. n Expires: Ot-1-OW- �4_ �►OTA1�y "o; Z rfi PUBLIC :2Z File Number: 2019-00009272 Page 2 of 4 GULLEY ROAD SUBSTATION FIBER BUILDING AND INGRESS\EGRESS FOUND IRON PIN WITH CAP tx X - -X - -X, 1 } x I x EXISTING I } SUBSTATION I SI TE I 1 x I X� X— X—I L3, L10 -� L2wL9 I I L1, L8 I I OZARKS ELECTRIC COOPERATIVE CORP, EXHIBIT "A" PART OF SOUTHEAST 1/4 SEC. 29-T17N-R29W WASHINGTON COUNTY, AR X-1 " 0 WATER X TOWER x L_"j FOUND IRON PIN WITH CAP SW CORNER SE 1/4 OF THE SEI/4 SEC. 29-T17N-R29W WASHINGTON COUNTY, AR LEGEND CITY PROPERTY 1 OF 2 NOT TO SCALE EXISTING INGRESS\EGRESS AS STATED DEED 2003 BOOK 00025443 al� Uj -j `"EX15itNG DRtv��,,/ _ I ! I I L5 L13 ¢ FIBER I ry FIBER J BUILDING -'1-1 BUILDING L7 INGRESS\EGRESS �� _ L11 r L19_ P.O.B. #1 P.O.B. #2 O FOUND IRON PIN —X—X— FENCE -- — — — PROPERTY LINE — — — SECTION LINE — — — — ROAD THIS EXHIBIT DEPICTS APPARENT OWNERSHIP LINES AND WAS PREPARED EXCLUSIVELY FROM INSTRUMENTS OF RECORD AND IS SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHT-OF-WAYS, IF ANY. 01-28-2019 File Number: 2019-00009272 Page 3 of 4 ERIC S. DURKIN ARKANSAS P.L.S. #1718 AGENT FOR ALLGEIER, MARTIN and ASSOCIATES. INC. GULLEY ROAD SUBSTATION FIBER BUILDING AND INGRESS\EGRESS OZARKS ELECTRIC COOPERATIVE CORP. EXHIBIT "A" FIBER BUILDING PROPERTY DESCRIPTION* A TRACT OF LAND BEING LOCATED IN THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 29 TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING DESCRIBED MORE FULLY AS FOLLOWS: COMMENCING AT A FOUND IRON PIN WITH ID CAP AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST (1/4) OF SAID SECTION 29. THENCE NO2°34'16"E ALONG THE WEST LINE OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 29, 396.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF AN EXISTING SUBSTATION SITE; THENCE S8730'11 "E ALONG THE SOUTH LINE OF SAID SITE, 330.00 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID SITE; THENCE N023496"E ALONG THE EAST LINE OF SAID SITE, 62.19 FEET MORE OR LESS TO THE POINT OF BEGINNING #1; THENCE CONTINUING N0234'16"E, 24.00 FEET MORE OR LESS; THENCE S8725'44"E, 40.00 FEET MORE OR LESS; THENCE 5023496"W, 24.00 FEET MORE OR LESS; THENCE N8725'44"W, 40.00 FEET MORE OR LESS TO THE POINT OF BEGINNING #1. CONTAINING 0.03 ACRES MORE OR LESS. SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHT-OF-WAYS, IF ANY, COMMENCING AT THE ABOVE SAID POINT OF BEGINNING #1, THENCE 587'25'44"E, 40.00 FEET MORE OR LESS TO THE POINT OF BEGINNING #2: THENCE N0234'16"E, 24.00 FEET MORE OR LESS; THENCE S87°46'26"E, 30.69 FEET MORE OR LESS; THENCE N4734"16"E, 6.19 FEET MORE OR LESS; THENCE N07'02'06"E, 36.75 FEET MORE OR LESS; THENCE N73 20'15"E, 25.73 FEET MORE OR LESS; THENCE S0531'33"W, 61.40 FEET MORE OR LESS; THENCE S47'3496"W, 17.21 FEET MORE OR LESS; THENCE N87°40'08"W, 46.89 FEET MORE OR LESS TO THE POINT OF BEGINNING #2. CONTAINING 0.06 ACRES MORE OR LESS SUBJECT TO ALL RESTRICTIONS, EASEMENTS OR RIGHT-OF-WAYS, IF ANY. 01-28-2019 2 OF 2 LINE TABLE LINE # LENGTH DIRECTION L1 396.00' NO2 3496"E L2 330.00' S873091"E L3 62.19' N023496"E L4 24.00' N023496"E L5 40.00' S87 25"44"E L6 24.00' S0234'i6"w L7 40.00' N87`2544"W L8 396.00' N023496"E L9 330.00' S87°3091 "E L10 62.19' N023496"E L11 40.00' S8725'44"E L12 24.00' NO2°3496"E L13 30.69' S87°46`26"E L14 6.19' N473496"E L15 36.75' NO? 02'06"E L16 25.73' N73'2095"E L17 61.40' 505'31`33"W L18 17.21' S47`3496"W L19 46.89' N87'40'08"W ERIC S. DURKIN ARKANSAS P.L.S. #1718 AGENT FOR ALLGEIER, MARTIN and ASSOCIATES, INC. Washington County, AR I certify this instrument was tiled on 4/512019 2:02:28 PM and recorded in REAL ESTATE g7a.tt >niQ_nnnno97,> I File Number: 2019-00009272 Page 4 of 4--