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HomeMy WebLinkAbout216-19 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 216-19 File Number: 2019-062 THEATRESQUARED PROJECT CONVEYANCE OF ACCESS EASEMENTS: A RESOLUTION TO APPROVE THE CONVEYANCE OF ACCESS EASEMENTS TO ADJACENT PROPERTY OWNERS AND A GENERAL UTILITY EASEMENT TO FRANCHISE UTILITIES ACROSS REAL PROPERTY OWNED BY THE CITY OF FAYETTEVILLE AT THE SOUTHEAST CORNER OF NORTH WEST AVENUE AND WEST SPRING STREET ASSOCIATED WITH THE THEATRESQUARED PROJECT WHEREAS, the TheatreSquared parking lot design required that an existing alley be partially relocated along the eastern property line and to maintain vehicular access to the rear of the residences adjacent to the property line a new access easement is necessary; and WHEREAS, dedication of general utility easements is a standard practice that allows the City and franchise utilities the ability to provide and maintain utility services for the development. 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 Access Easements, copies of which are attached to this Resolution, to Bodkin Properties, LLC; Scott Ventures, LLC; and Donald Roller Wilson and Kathleen Kay Wilson, Trustees of the Donald Roller Wilson Trust. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute a General Utility Easement, a copy of which is attached to this Resolution, to allow franchise utilities and the City to provide and maintain utility services for the development. Page 1 Printed on 9119119 File Number: 2019-0562 Resolution 216-19 PASSED and APPROVED on 9/17/2019 ``0111111111111ri `ERK�T�''� Attest: . • CITY ' • F'% •�G• y - _ �. x`1'7 • � (P. T" •.'� S Ate, • r �`: Lisa Branson, Deputy City Clerk ��i;r �0 I i Page 2 Printed on 9119119 �:'"City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 !f Text File - File Number: 2019-0562 Agenda Date: 9/17/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 13 THEATRESQUARED PROJECT CONVEYANCE OF ACCESS EASEMENTS: A RESOLUTION TO APPROVE THE CONVEYANCE OF ACCESS EASEMENTS TO ADJACENT PROPERTY OWNERS AND A GENERAL UTILITY EASEMENT TO FRANCHISE UTILITIES ACROSS REAL PROPERTY OWNED BY THE CITY OF FAYETTEVILLE AT THE SOUTHEAST CORNER OF NORTH WEST AVENUE AND WEST SPRING STREET ASSOCIATED WITH THE THEATRESQUARED PROJECT WHEREAS, the TheatreSquared parking lot design required that an existing alley be partially relocated along the eastern property line and to maintain vehicular access to the rear of the residences adjacent to the property line a new access easement is necessary; and WHEREAS, dedication of general utility easements is a standard practice that allows the City and franchise utilities the ability to provide and maintain utility services for the development. 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 Access Easements, copies of which are attached to this Resolution, to Bodkin Properties, LLC; Scott Ventures, LLC; and Donald Roller Wilson and Kathleen Kay Wilson, Trustees of the Donald Roller Wilson Trust. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute a General Utility Easement, a copy of which is attached to this Resolution, to allow franchise utilities and the City to provide and maintain utility services for the development. City of Fayetteville, Arkansas Page 1 Printed on 9/19/2019 City of Fayetteville Staff Review Form 2019-0562 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 8/30/2019 DEVELOPMENT SERVICES (620) Submitted By Submitted Date Division / Department Action Recommendation: Request for signature approving Access and Utility Easements for the Theatre Squared project. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Purchase Order Number: Change Order Number: Original Contract Number: Comments: Remaining Budget Fund Project Title $ 0 V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director FROM: Andrew Garner, City Planning Director DATE: August 30, 2019 CITY COUNCIL MEMO SUBJECT: Request for signature approving Access and Utility Easements for the Theatre Squared project. RECOMMENDATION: As a part of the Theatre Squared development at the southeast corner of Spring Street and West Avenue, new utility and access easements have been required by City staff and franchise utilities and easement documents have been prepared by the City Land Agents. Staff requests the mayor's signature to create these easements on City owned property. BACKGROUND: These easements should have been completed and filed of record prior to a building permit for the Theatre Squared project. They were submitted in Legistar in 2017, however, because of some wording issues were denied by the City Attorney's office. For some oversight, the easement documents were never revised or resubmitted and were never executed. Over the last few weeks this issue came to the attention of Development Services Department staff who subsequently worked with the City Land Agents and the Assistant City Attorney to make the necessary revisions to the easement documents. The documents should be ready for approval and signature. Access Easement: The Theatre Squared parking lot design required that an existing alley be partially relocated along the eastern property line. To maintain vehicular access to the rear of residences adjacent to this property line, an access easement is required. Utility Easement: Dedication of general utility easements are a standard practice that allow City and franchise utilities the right to provide and maintain utility service for the development. A general utility easement is required east -west behind the newly constructed building. BUDGET/STAFF IMPACT: N/A Attachments: ■ Access Easement ■ General Utility Easement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Parcel No. 765-01750-000, 765-01751-000 765-01752-000. 765-01753-000 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 Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto Bodkin Properties, LLC, an Arkansas limited liability company, 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: PROPERTY DESCRIPTION: (Doc Ref: 95-28605 & CV2016-2104-1) A part of Lots 3, 4, 5 and 6, of Block 9 of the original plat of the Town (now City) of Fayetteville, Arkansas described as beginning at the NW corner of said Block 9; thence North 89 degrees 27 minutes East 155.00 feet; thence South 0 degrees 04 minutes 28 seconds East 151.50 feet; thence North 89 degrees 27 minutes 19 seconds East 6.00 feet; thence South 0 degrees 04 minutes 04 minutes 28 seconds East 92.13 feet; thence along the South line of the N1/2 of the SW1/4 of Block 9 South 89 degrees 11 minutes 30 seconds West 161.76 feet; thence North 0 degrees 06 minutes 07 seconds East 92.88 feet to a point North 11 feet and 5 inches of the South line of the N1/2 of Block 9; thence North 0 degrees 06 minutes 07 seconds East 151.50 feet to the point of beginning. AND A fifteen -foot strip described as beginning at the NW corner of Block 9; thence North 89 degrees 17 minutes 19 seconds East 15 feet; thence South 0 degrees 06 minutes 07 seconds West 151.50 feet; thence South 89 degrees 27 minutes 19 seconds West 15 feet; thence North 0 degrees 06 minutes 07 seconds East 151.50 feet to the point of beginning. PERMANENT ACCESS EASEMENT DESCRIPTION: A variable width access easement on part of Block 9 of the Fayetteville Original plat, as described in Deed Book 95 page 28605 of the Washington County records and said access easement being more particularly described as follows: COMMENCING at the Northwest corner of said Block 9 thence along the Grantor's North property line, being the North line of said Block 9, North 89 degrees 21 minutes 12 seconds East 142.25 feet to the POINT OF BEGINNING; thence continuing along the Grantor's North line, North 89 degrees 21 minutes 12 seconds East 12.75 feet; thence leaving said North line, South 00 degrees 10 minutes 35 seconds East 151.50 feet; thence North 89 degrees 21 minutes 16 seconds East 14.42 feet; thence South 00 degrees 38 minutes 44 seconds East 16.50 feet; thence South 89 degrees 21 minutes 16 seconds West 27.30 feet; thence North 00 degrees 10 minutes 35 seconds West 168.00 feet to the POINT OF BEGINNING, containing 2381 sq. ft., or 0.055 acre. 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. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. 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 I41- day of 2019. City of)7ayettevi TTEST: By. Viol \A�jb%mm I (�L . Sondra Smith, City Clerk L ar ERK1y� [Seal] CITY' •Fy•� :c -�• �l I// •f1�r itf) • ���: xis ACKNOWL S �: STATE OF ARKANSAS) ss � �0tv OV ;J `%% � COUNTY OF WASHINGTON ) �U �cSC� �rGu':Sov► BE IT REMEMBERED, that on this date, before the undersigned, a duly Onmissioned and acting Notary Public within and for said County and State, personally appeared Lioneld Jordan and S mith, 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: i I 1111, J\.iJJI. �� M-1 .A, ��(li N6tary Public . , 1D'J0J*' • �9• 0 i NOTAIgy S • "U©LIG i 2' F p't�'•' ��� �i � r°' les 8 l0. • . �`�� �i��;0 j 0 "; Parcel No. 765-01750-000, 765-01751-000 765-01752-000, 765-01753-000 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 Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto Scott Ventures, LLC, 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: PROPERTY DESCRIPTION: (Doc Ref: 95-28605 & CV2016-2104-1) A part of Lots 3, 4, 5 and 6, of Block 9 of the original plat of the Town (now City) of Fayetteville, Arkansas described as beginning at the NW corner of said Block 9; thence North 89 degrees 27 minutes East 155.00 feet; thence South 0 degrees 04 minutes 28 seconds East 151.50 feet; thence North 89 degrees 27 minutes 19 seconds East 6.00 feet; thence South 0 degrees 04 minutes 04 minutes 28 seconds East 92.13 feet; thence along the South line of the N1/2 of the SW1/4 of Block 9 South 89 degrees 11 minutes 30 seconds West 161.76 feet; thence North 0 degrees 06 minutes 07 seconds East 92.88 feet to a point North 11 feet and 5 inches of the South line of the N1/2 of Block 9; thence North 0 degrees 06 minutes 07 seconds East 151.50 feet to the point of beginning. AND A fifteen -foot strip described as beginning at the NW corner of Block 9; thence North 89 degrees 17 minutes 19 seconds East 15 feet; thence South 0 degrees 06 minutes 07 seconds West 151.50 feet; thence South 89 degrees 27 minutes 19 seconds West 15 feet; thence North 0 degrees 06 minutes 07 seconds East 151.50 feet to the point of beginning. PERMANENT ACCESS EASEMENT DESCRIPTION: A variable width access easement on part of Block 9 of the Fayetteville Original plat, as described in Deed Book 95 page 28605 of the Washington County records and said access easement being more particularly described as follows: COMMENCING at the Northwest corner of said Block 9 thence along the Grantor's North property line, being the North line of said Block 9, North 89 degrees 21 minutes 12 seconds East 142.25 feet to the POINT OF BEGINNING; thence continuing along the Grantor's North line, North 89 degrees 21 minutes 12 seconds East 12.75 feet; thence leaving said North line, South 00 degrees 10 minutes 35 seconds East 151.50 feet; thence North 89 degrees 21 minutes 16 seconds East 14.42 feet; thence South 00 degrees 38 minutes 44 seconds East 16.50 feet; thence South 89 degrees 21 minutes 16 seconds West 27.30 feet; thence North 00 degrees 10 minutes 35 seconds West 168.00 feet to the POINT OF BEGINNING, containing 2381 sq. ft., or 0.055 acre. 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. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. 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 1 1 day of 2019. City By: ATTEST: 41�111ord� ` G • N4 Li Sondra Smith, City Clerk_:��:• �F 0.-P X .cn =�. D 1e, �, . fin,,. _ • -�,, STATE OF ARKANSAS ACKN ss. le, Arkansas, pration [Seal] COUNTY OF WASHINGTON ) ltsa Fvrc1Ksa r BE IT REMEMBERED, that on this date, before the undersigned, a duly ommissioned and acting Notary Public within and for said County and State, personally appeared Lioneld Jordan and Son mith, 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. &kkVtLJX WITNESS my hand and seal on this day of 2019. MY COMMISSION EXPIRES: b- lD-Iii" Fkq Mil., � MLIL110, A "I Notary Public 01111111 D J py Z���. � • TAR X0.2 �Y•V a0 % •fir Parcel No. 765-01750-000, 765-01751-000 765-01752-000, 765-01753-000 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 Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto Donald Roller Wilson and Kathleen Kay Wilson, Trustees of the Donald Roller Wilson Trust dated the 111h day of March, 1999, and Kathleen Kay Wilson and Donald Roller Wilson, Trustees of the Kathleen Kay Wilson Trust, dated the 11th day of March, 1999, 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: PROPERTY DESCRIPTION: (Doc Ref: 95-28605 & CV2016-2104-1) A part of Lots 3, 4, 5 and 6, of Block 9 of the original plat of the Town (now City) of Fayetteville, Arkansas described as beginning at the NW corner of said Block 9; thence North 89 degrees 27 minutes East'155.00 feet; thence South 0 degrees 04 minutes 28 seconds East 151.50 feet, thence North 89 degrees 27 minutes 19 seconds East 6.00 feet; thence South 0 degrees 04 minutes 04 minutes 28 seconds East 92.13 feet; thence along the South line of the N1/2 of the SW1/4 of Block 9 South 89 degrees 11 minutes 30 seconds West 161.76 feet; thence North 0 degrees 06 minutes 07 seconds East 92.88 feet to a point North 11 feet and 5 inches of the South line of the N1/2 of Block 9; thence North 0 degrees 06 minutes 07 seconds East 151.50 feet to the point of beginning. AND A fifteen -foot strip described as beginning at the NW corner of Block 9; thence North 89 degrees 17 minutes 19 seconds East 15 feet; thence South 0 degrees 06 minutes 07 seconds West 151.50 feet; thence South 89 degrees 27 minutes 19 seconds West 15 feet; thence North 0 degrees 06 minutes 07 seconds East 151.50 feet to the point of beginning. PERMANENT ACCESS EASEMENT DESCRIPTION: A variable width access easement on part of Block 9 of the Fayetteville Original plat, as described in Deed Book 95 page 28605 of the Washington County records and said access easement being more particularly described as follows: COMMENCING at the Northwest corner of said Block 9 thence along the Grantor's North property line, being the North line of said Block 9, North 89 degrees 21 minutes 12 seconds East 142.25 feet to the POINT OF BEGINNING; thence continuing along the Grantor's North line, North 89 degrees 21 minutes 12 seconds East 12.75 feet; thence leaving said North line, South 00 degrees 10 minutes 35 seconds East 151.50 feet; thence North 89 degrees 21 minutes 16 seconds East 14.42 feet; thence South 00 degrees 38 minutes 44 seconds East 16.50 feet; thence South 89 degrees 21 minutes 16 seconds West 27.30 feet; thence North 00 degrees 10 minutes 35 seconds West 168.00 feet to the POINT OF BEGINNING, containing 2381 sq. ft., or 0.055 acre. 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. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. 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 I°l` day of , 2019. City of,Fayetteville, Arkansas, Amu `cipal cor oration By: ATTEST: io el Jordan, ayor c�;•' CI Ty' • IS Sondra Smith, City Clerk 'F O L ACKNOWL♦6,0t1' STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly com issioned and acting Notary Public within and for said County and State. personally appeared Lioneld Jordan and Serra ith, 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: -gyp 11,1-- vl WT) - LLA, ti�L� Notary Public Parcel No. 765-01750-000, 765-01751-000 765-01752-000, 765-01753-000 GENERAL UTILITY 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 the Black Hills Energy Corporation, Cox Communications, AT&T, and SWEPCO, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement for the purpose of construction, maintenance, repair and/or replacement, enlargement and operations of general utilities including natural gas, electrical power, telephone, fiber optic cable(s) and television communication line or lines, and appurtenances thereto, on over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Doc Ref: 95-28605 & CV2016-2104-1) A part of Lots 3, 4, 5 and 6, of Block 9 of the original plat of the Town (now City) of Fayetteville, Arkansas described as beginning at the NW corner of said Block 9' thence North 89 degrees 27 minutes East 155.00 feet; thence South 0 degrees 04 minutes 28 seconds East 151.50 feet; thence North 89 degrees 27 minutes 19 seconds Est 6.00 feet; thence South 0 degrees 04 minutes 04 minutes 28 seconds East 92.13 feet; thence along the South line of the N1/2 of the SW1/4 of Block 9 South 89 degrees 11 minutes 30 seconds West 161.76 feet; thence North 0 degrees 06 minutes 07 seconds East 92.88 feet to a point North 11 feet and 5 inches of the South line of the N1/2 of Block 9; thence North 0 degrees 06 minutes 07 seconds East 151.50 feet to the point of beginning. AND A fifteen -foot strip described as beginning at the NW corner of Block 9; thence North 89 degrees 17 minutes 19 seconds East 15 feet; thence South 0 degrees 06 minutes 07 seconds West 151.50 feet; thence South 89 degrees 27 minutes 19 seconds West 15 feet; thence North 0 degrees 06 minutes 07 seconds East 151.50 feet to the point of beginning. PERMANENT EASEMENT DESCRIPTION: A variable width general utility easement on part of Block 9 of the Fayetteville Original plat, as described in Deed Book 95 page 28605 and Circuit Court case 72CV-16-1204-1 of the Washington County records and said general utility easement being more particularly described as follows: COMMENCING at the Northwest corner of said Block 9 thence along the North line of said Block 9, North 89 degrees 21 minutes 12 seconds East 5.16 feet to the Grantor's Northwest property corner; thence continuing along said North line, said North line also being the Grantor's North property line, North 89 degrees 21 minutes 12 seconds East 73.70 feet to the POINT OF BEGINNING; thence continuing along said North line, North 89 degrees 21 minutes 12 seconds East 31.00 feet; thence leaving said North line, South 00 degrees 38 minutes 23 seconds East 7.04 feet; thence South 89 degrees 21 minutes 37 seconds West 31.00 feet; thence North 00 degrees 38 minutes 23 seconds West 7.04 feet to the POINT OF BEGINNING, containing 218 square feet, 0.005 acre. AND ALSO A variable width general utility easement on part of Block 9 of the Fayetteville Original plat, as described in Deed Book 95 page 28605 and Circuit Court case 72CV-16-1204-1 of the Washington County records and said general utility easement being more particularly described as follows: COMMENCING at the Northwest corner of said Block 9 thence along the North line of said Block 9, North 89 degrees 21 minutes 12 seconds East 5.16 feet to the Grantor's Northwest property corner; thence leaving said North line, along the Grantor's West property line, South 0 degrees 00 minutes 09 seconds West 128.85 feet to the POINT OF BEGINNING; thence leaving said West property line, South 89 degrees 59 minutes 29 seconds East 9.84 feet; thence South 00 degrees 00 minutes 00 seconds East 39.04 feet; thence North 89 degrees 21 minutes 16 seconds East 155.07 feet; thence South 00 degrees 38 minutes 44 seconds East 10.12 feet; thence South 89 degrees 21 minutes 16 seconds West 63.01 feet; thence South 00 degrees 38 minutes 23 seconds East 10.92 feet; thence, along a tangent curve to the right, an arc distance of 3.93 feet said curve having a radius of 2.50 feet, and a chord bearing and distance of South 44 degrees 21 minutes 37 seconds West 3.54 feet; thence leaving said curve, South 89 degrees 21 minutes 37 seconds West 12.00 feet; thence, along a tangent curve to the right, an arc distance of 3.93 feet said curve having a radius of 2.50 feet, and a chord bearing and distance of North 45 degrees 38 minutes 23 seconds West 3.54 feet; thence leaving said curve, North 00 degrees 38 minutes 23 seconds West 10.92 feet; thence South 89 degrees 21 minutes 16 seconds West 85.02 feet to the Grantor's West property line; thence continuing along said West line, North 00 degrees 00 minutes 09 seconds East 49.28 feet to the POINT OF BEGINNING, containing 2280 square feet, 0.052 acre. 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. GENERAL UTILITY EASEMENT Page 2 of 2 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 line or lines, electrical power, telephone and/or television lines or cables, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, lines and/or cables where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above water. The Grantor agrees not to erect any buildings or structures in said permanent easement but reserves the right to install its own water, sewer and/or drainage utilities within said easement. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional lines, electric power lines, telephone and/or television lines or cables upon the above described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 2019. By: ATTEST: I - Sondra Smith, City ClerkA City ofiPfayettevi, ansas, A,m cipal corpora io v�� ••CIT • O .Fe Fq T ;tP %'L •. NSA • J .`. ACKNOWLEDGkQ,',,, C0�,%%�`� STATE OF ARKANSAS ) ss. COUNTY OF WASHINGTON Atsa BE IT REMEMBERED, that on this date, before the undersigned, a dulyAmmissioned 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 I 1 day of ii 12019. ��`�� . , , i?, .;.l'!.P MY COMMISSION EXPIRES: �••Z l to n Notary Public =D- : V)= L may. BASIS of BEARINGS: ACCESS EASEMENT -- -- - ARKANSAS STATE PLANE COORDINATE THEATRESQUARED I ACCESS EASEMENT SYSTEM, NAD 83, NORTH ZONE. 2,381 SQ FT. (0.055 AC.) (NOT A PLAT OF SURVEY) EXHIBIT "A" MAP -- —NORTHWEST CORNER BLOCK 9 FAYETTEVILLE ORIGINAL SPRING ST. N89' 21' 12"E — 142.25' I POB TRACT ' O ' 765-01750-000 765-01751-000 765-01752-000 765-01753-000 ° I95-28605 72CV-16-1204-1 CITY OF FAYETTEVILLE 0 5-01752-000 765-01751-000 c 1]� 765-01753-000 N89' 21' 12"E 12.75' fffr , {rff i . f.rfr 1 i f•r f r4 � I!/ 0 un C:) o oo J LLJ Ln IMI M O o� 1N I z L E G E N D 0 20 40 SCALE: 1"= 40' N89' 21' 16"E 14.42' I • I ISO' 38' 44"E �! 16.50' 1 \\_S89' 21' 16"W 27.30' PROPOSED UTIL. EASEMENT EXISTING RIGHT OF WAY LINE 0 PROPOSED TEMP. CONST. ESMT. EXISTING UTILITY EASEMENT LINE 765-01750-000 TAX PARCEL NUMBER EXISTING PROPERTY LINE 95-28605 DEED RECORD PROPOSED UTIL. EASEMENT 72CV-16-1204-1 • CORNERS OF PROPOSED UTILITY EASEMENT PROPOSED TEMP. CONST. ESMT. Property Owner: CITY OF FAYETTEVILLE Project Name CITY OFTHEATRESQUARED Drawn by McClelland Consulting Engineers FAYETTEVILLE Date: July 2017 Scale : 1" = 40' FE evisions Date Project No. 162118 Tract No. 01 -� BASIS of BEARINGS: GENERAL UTILITY EASEMENT - ARKANSAS STATE PLANE COORDINATE GENERAL UTILITY EASEMENT I SYSTEM, NAD 83, NORTH ZONE. THEATRESQUARED 2,498 SQ. FT. (0.06 AC.) (NOT A PLAT OF SURVEY) EXHIBIT "A" MAP i t ORTHWEST CORNER - -�-BLOCK 9 FAYETTEVILLE ORIGINAL SPICING ST. POB 1 Ll L2 ( _ L4 L3 t I � •I � , N89'211' 12"E — 73.70' I I -- ; N N89' 21' 12"E — 5.16' t TRACT I 3 ( 1 I �1 0_ 1765-01750-000 O 765-01751-000 765-01752-000 1 1 I N ' 765-01753-000 1- 1 j 172CV-16-1204-1 95-28605 1 111 CITY OF jFAYETTEVILLE { poB 2 1 , 765-01752-000 765-01751-000 � U C t ` L5 I W 1 I t t. rii 14 17 . I � ( ��J f /+JiiJ/ i7 T ' L13 L9 , � 1 ' C2C1 q .65...01753...000 3 t t } t L E G E N D I I 1 1 I I I � s { I ( I I I I ( I I I i t � I r �1J I 20 40 SCALE: 1"= 40' Parcel Line and Curve Table Line A/Curve / Length Bearing/Delta Rodlus cl 3.93 90.00 2.50 C2 3.93 90.00 2.50 Ll 31.00 N89' 21' WE L2 7.D4 SO' 38' 23"E L3 31.00 S89' 21' 37'W L4 7.D4 NO' 38' 23'W L5 9.B4 S89' 59' 29'E LB 39.04 SO' 00' 00"E L7 155.07 N89' 21' WE LB 10.12 SO' 38' 44"E L9 63.01 589' 21' 16'W L10 10.92 SO. 38' 2SE Lit 1200 S89' 21' 37'W L12 10.92 NO' 38' 23"W L13 65.02 S89- 21' 16-W L14 49.28 NO. 00' 09"E PROPOSED UTIL. EASEMENT -------- EXISTING RIGHT OF WAY LINE PROPOSED TEMP. CONST. ESMT. — — — — EXISTING UTILITY EASEMENT LINE 765-01750-000 TAX PARCEL NUMBER Pc EXISTING PROPERTY LINE 95-28605 72CV-16-1204-1 DEED RECORD — — — PROPOSED UTIL. EASEMENT CORNERS OF PROPOSED UTILITY EASEMENT PROPOSED TEMP. CONST. ESMT. Property Owner: CITY OF FAYETTEVILLE Project Name CITY OFTHEATRESQUARED Drawn by McClelland Consulting Engineers FAYETTEVILLE Date: July 2017 Scale : I" = 40'No. Revisions Dote Project No. 162118 Tract No. 01