Loading...
HomeMy WebLinkAbout61-21 RESOLUTION0* FAYE, 4AKAMSPS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 61-21 File Number: 2021-0076 OZARKS ELECTRIC COOPERATIVE CORPORATION: A RESOLUTION TO APPROVE THE CONVEYANCE OF A GENERAL UNDERGROUND UTILITY EASEMENT TO OZARKS ELECTRIC COOPERATIVE CORPORATION ACROSS A PORTION OF KESSLER MOUNTAIN REGIONAL PARK WHEREAS, a portion of the existing power line that feeds the City's water tanks on Kessler Mountain needs to be relocated slightly towards the north moving it out of the existing easement; and WHEREAS, the power lines in this area need to be placed underground for the construction of the new Kessler Baseball Complex. 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 General Underground Utility Easement attached to this Resolution in favor of Ozarks Electrical Cooperative Corporation across a portion of Kessler Mountain Regional Park for the purpose of changing the location of a portion of the existing power line and moving the overhead utility lines underground. PASSED and APPROVED on 2/18/2021 Page 1 Printed on 2119121 Resolution 61-21 File Number. 2021-0076 Attest: ER K / T ff��i �.`��yG'••ITY�'RFs . � G 0 QqG .�� AYE7j-EVIL Kara Paxton, City Clerk Treasurc-'�• LE .` �OiN� 10N��````` Page 2 Punted on 2119121 City of Fayetteville, Arkansas 113 West Mountain Street �l^ Fayetteville, AR 72701 (479) 575-8323 ?� Text File File Number: 2021-0076 Agenda Date: 2/16/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A.8 OZARKS ELECTRIC COOPERATIVE CORPORATION: A RESOLUTION TO APPROVE THE CONVEYANCE OF A GENERAL UNDERGROUND UTILITY EASEMENT TO OZARKS ELECTRIC COOPERATIVE CORPORATION ACROSS A PORTION OF KESSLER MOUNTAIN REGIONAL PARK WHEREAS, a portion of the existing power line that feeds the City's water tanks on Kessler Mountain needs to be relocated slightly towards the north moving it out of the existing easement; and WHEREAS, the power lines in this area need to be placed underground for the construction of the new Kessler Baseball Complex. 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 General Underground Utility Easement attached to this Resolution in favor of Ozarks Electrical Cooperative Corporation across a portion of Kessler Mountain Regional Park for the purpose of changing the location of a portion of the existing power line and moving the overhead utility lines underground. City of Fayetteville, Arkansas Page I Printed on 211812021 City of Fayetteville Staff Review Form 2021-0076 Legistar File ID 02/16/21 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Ted Jack 1/28/2021 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Mayor's approval of an electrical easement inside Kessler Regional Park for electrical power serving the Water Tanks on Kessler Mountain. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? No Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF _ FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 16, 2021 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Ted Jack, Park Planning Superintendent DATE: January 28, 2021 SUBJECT: Approval of an electrical easement inside Kessler Regional Park for electrical power serving the Water Tanks on Kessler Mountain. RECOMMENDATION: Approval of an electrical easement inside Kessler Regional Park for electrical power serving the Water Tanks on Kessler Mountain. BACKGROUND: A portion of the existing power line that feeds the City's Water Towers on Kessler Mountain needs to be relocated slightly towards the north moving it out of the existing easement. Additionally, the power lines in this area need to be placed under ground for the construction of the new Kessler Baseball Complex. This easement allows for the electrical line's relocation. DISCUSSION: Relocating this line and placing it undergrounds is necessary to proceed with the new Kessler Baseball Complex. BUDGET/STAFF IMPACT: The cost for relocating the lines is included in the construction work for the new baseball fields at Kessler Mountain Regional Park. Attachments: Staff Review Form Easement Easement Exhibit Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Parcel No. 765-15443-502 & 765-15443-203 GENERAL UNDERGROUND 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 Ozarks Electric Cooperative Corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement for the purpose of burying, constructing, maintaining, operating, protecting, repairing, relocating, upgrading, replacing and removing, electrical power, fiber optic cable(s) 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: (Warranty Deed: 2010-026595) As this pertains to 765-15443-502 & 765-15443-203 (See Exhibit attached) PERMANENT EASEMENT DESCRIPTION: A part of the SW 1/4 of the SE 1/4 and a part of the SE 1/4 of the SW 1/4 of Section 30, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southwest corner of said SW 1/4 of the SE 1/4 of Section 30; thence S 87° 14'32" E a distance of 144.46 feet along the South line of said SW 1/4 of the SE 1 /4; thence leaving said South line N 02°02'28" E a distance of 27.23 feet to the POINT OF BEGINNING; thence N 86°31'20" W a distance of 756.55 feet; thence N 03°28'40" E a distance of 15.00 feet; thence S 86°31'20" E a distance of 756.17 feet; thence S 02°02'28"W a distance of 15.00 feet to the POINT OF BEGINNING, containing 11,345 square feet or 0.26 acres, more or less Togetherwith the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, until the use of said permanent easement is relinquished, abandoned or vacated and so long as such underground line or lines, electrical power or cables, 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 lines and/or cables, to a sufficient depth so as not to interfere with cultivation of soil. The Grantor agrees not to erect any buildings or structures in said permanent easement except those for the baseball complex. 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 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 on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the t Lday of , 2021. Regional Park Gen Ut Ease Page 2 City of Fayetteville, Arkansas, A munitipal corporation ,11111t11f1p,� `\����F F:K• ' T RE�s ice By: ATTEST: `��v.•G�SY OF •.G�% `(:3• •z_ _4'4'r. FAYETTEVILLE' ara Pax on, C ty r Treasurer 'r� •: � � • .9'QKAN`�P ' `�` ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON an [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 Kara Paxton, 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 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 A, 2021. MY COMMISSION EXPIRES: ``,Ml1,,,r,jNotary Public NOTAgY`o:Z_ pU©LIO . Z� i . 8-10 c� � n O 0 0 PARCEL NO. 765-15443-502 vV /" / SW 114, SE 114 v In f��l v 30-16-30 ir PARCEL NO. 765 SE_1Z4 _S TY I SW CORNER SW 1 /4 SE 1 /4 1 SECTION 30,1 T-16-N, R-30-W I 144.46 \ a PROPOSED -' RIGHT OF WAY f` BEARINGS - GRID PARCEL NO. 765-16323-601 ARKANSAS NORTH ZONE NE 114, NW 114 I ` 31-16-JO GRAPHIC SCALE 120 0 60 120 LINE ANGLE DISTANCE L 1 N 02 02 2B" E 27.23' L2 N 03'28'40" E 15.00' L3 N 02'02'28" E 143.62' L4 S 87'57'32" E 9.00' L5 N 87'57'32" W 1 9.00' ( IN FEET ) 1 inch = 120 ft. LEGEND PL EXISTING PROPERTY LINE R/W EXISTING RIGHT OF WAY LINE — — EXISTING EASEMENT LINE — — PROPOSED EASEMENT LINE R/W PROPOSED EASEMENT LINE I EXISTING 22—FOOT I UTILITY EASEMENT PER EASEMENT PLAT FILE 024A-00000086 AREA CALCULATIONS SQ. FT. ACRES PROPOSED RIGHT OF WAY 4,192 0.10 PROPOSED UTIUTY EASEMENT 11,345 0.26 E 1 0 j IC N 0 N N Z w ¢ U o o a a F- C m z X o W EXISTING RIGHT OF WAY PER EASEMENT PLATLu FILE 024A-00000086 J wa ~ N u� oW� > li } u 1L< Q sEcnoN ,To SECTON— 3j — 11 LL O 2 (D LU cc J PARCEL NO. 765-16323-601LLJ ~ --- NW 114, NE 114 w _ 31-16—JO eh � Y w Irw } <u) O sJ�a Wq-n � W } C�J i � � 'K I' 1i>- LIJ 4 �0.41 � BOO a � O N Vac o J WWo Q roLu8 fncwrn w e a r $ 5 a N Cn LL < e R� L �Q�