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Home My WebLink About105-21 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 105-21 File Number: 2021-0189 BLACK HILLS ENERGY ARKANSAS, INC. UTILITY EASEMENT: A RESOLUTION TO APPROVE THE DEDICATION OF APPROXIMATELY 1,674 SQUARE FEET OF PERMANENT UTILITY EASEMENT AT THE SOUTHWEST CORNER OF WALKER PARK AND APPROXIMATELY 2,911 SQUARE FEET OF PERMANENT UTILITY EASEMENT ON LOT 5, BLOCK 7 OF BURL DODD SUBDIVISION TO BLACK HILLS ENERGY ARKANSAS, INC. FOR PLACEMENT OF A GAS PIPELINE WHEREAS, in connection with the expansion of the Highway 16 corridor, Black Hills Energy is required to move the existing pipeline outside of the new right-of-way of Highway 16; and WHEREAS, Black Hills is requesting permanent gas pipeline easements across the southeast corner of Walker Park and a portion of Lot 5, Block 7 of Burl Dodd Subdivision. 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 two Gas Pipeline Easements, copies of which are attached to this Resolution, in favor of Black Hills Energy Arkansas, Inc. across a portion of the southwest corner of Walker Park and across a portion of Lot 5, Block 7 of Burl Dodd Subdivision, for the purpose of placement of a gas pipeline. PASSED and APPROVED on 4/6/2021 Page 1 Printed on 417121 Resolution. 105-21 File Number.' 2021-0189 Attest: A�aK �i� TR ►,�� • G�IY 0ZA F'�G�: FAYETTEVILLE ; Kara Paxton. City Clerk Treasures S' �Nd ON�CO%��` Page 2 Printed on W7121 -� City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2021-0189 Agenda Date: 4/6/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A 10 BLACK HILLS ENERGY ARKANSAS, INC. UTILITY EASEMENT: A RESOLUTION TO APPROVE THE DEDICATION OF APPROXIMATELY 1,674 SQUARE FEET OF PERMANENT UTILITY EASEMENT AT THE SOUTHWEST CORNER OF WALKER PARK AND APPROXIMATELY 2,911 SQUARE FEET OF PERMANENT UTILITY EASEMENT ON LOT 5, BLOCK 7 OF BURL DODD SUBDIVISION TO BLACK HILLS ENERGY ARKANSAS, INC. FOR PLACEMENT OF A GAS PIPELINE WHEREAS, in connection with the expansion of the Highway 16 corridor, Black Hills Energy is required to move the existing pipeline outside of the new right-of-way of Highway 16; and WHEREAS, Black Hills is requesting permanent gas pipeline easements across the southeast corner of Walker Park and a portion of Lot 5, Block 7 of Burl Dodd Subdivision. 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 two Gas Pipeline Easements, copies of which are attached to this Resolution, in favor of Black Hills Energy Arkansas, Inc. across a portion of the southwest corner of Walker Park and across a portion of Lot 5, Block 7 of Burl Dodd Subdivision, for the purpose of placement of a gas pipeline. City of Fayetteville, Arkansas Page 1 Printed on 41612021 Matt Casey Submitted By City of Fayetteville Staff Review Form 2021-0189 Legistar File ID 4/6/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/9/2021 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of the dedication of approximately 1,674 square feet of permanent utility easement from the City of Fayetteville to Black Hills Energy at the southeast corner of Walker Park and approximately 2,911 square feet of permanent utility easement through property owned by the City on Lot 5, Block 7 of Burl Dodd Subdivision (Parcel No. 765-03375-000) for placement of a gas pipeline. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE W4ff ARKANSAS MEETING OF APRIL 6, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager DATE: March 9, 2021 CITY COUNCIL MEMO SUBJECT: Dedication of Permanent Utility Easement for Black Hills Energy RECOMMENDATION: Staff recommends approval of the dedication of approximately 1,674 square feet of permanent utility easement from the City of Fayetteville to Black Hills Energy at the southeast corner of Walker Park and approximately 2,911 square feet of permanent utility easement through property owned by the City on Lot 5, Block 7 of Burl Dodd Subdivision (Parcel No. 765-03375-000) for placement of a gas pipeline. BACKGROUND: In connection with the expansion of the Highway 16 (151h Street) corridor, Black Hills Energy is required to move the existing pipeline outside of the new right-of-way of Highway 16. Therefore, Black Hills is requesting permanent gas pipeline easements across two properties owned by the City of Fayetteville: one being Walker Park and the other being Lot 5, Block 7 of Burl Dodd Subdivision DISCUSSION: Black Hills Energy would like to start work on these improvements as soon as possible so the Highway Department can begin the widening of Highway 16. BUDGET/STAFF IMPACT: No impact. Attachments: Two Permanent Easements and accompanying Exhibits Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 WATER/SEWER EASEMENT Page 2 to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of , 2021. CITY OF FAYE AUV ATTEST: `jj 11 r r r r 11111 IC ' T RFq''' .G�. Kara Paxton, Ci y Jerk reasu(er 7EVILLE i STATE OF ARKANSAS COUNTY OF WASHINGTON ji/iii&iC1�)SWLEDGMENT ss. , ARKANSAS, a municipal corporation 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 I 2021. Ilnnni MY COMMISSION EXPIRES: f, BRANS SP•...• p , /�.illl� I .�,` ;• ASS\ON #1269•�L Notary Public se`o4,1 COUN�1%��``• ��111111111� Lot 5, Block 7, Burl Dodd S/D Parcel No. 765-03375-000 GAS PIPELINE EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, a municipal corporation„ hereinafter called GRANTOR, whose address is 113 West Mountain Street, Fayetteville, AR 72701, for itself, its heirs, successors and assigns, 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 Arkansas, Inc., an Arkansas corporation, hereinafter called GRANTEE, with its address at 655 E. Millsap Rd., Suite 104, Fayetteville, AR 72703, and unto Grantee's successors and assigns, a permanent easement to survey, construct, install, inspect, maintain, renew, repair, remove, replace and operate pipeline(s) and appurtenances, associated therewith, for the transportation of natural gas or any other substance which can be transported by pipeline, in, on, under, upon and through the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Ref. 617/139) Lot 5, in Block 7 in the Burl Dodd Subdivision to the City of Fayetteville, Arkansas, as per plat of said Subdivision on file in the Office of the Circuit Clerk, and Ex-Officio Recorder of Washington County, Arkansas. ( This property is platted as " Berl Dodd" Addition, and " Burl Dodd Addition" and " Berl Dodd Addition" refer to the same addition in the City of Fayetteville, Arkansas, and have been known by both names, as well as " Berl -Dodd Subdivision to the City of Fayetteville, Arkansas" and Burl Dodd Subdivision to the City of Fayetteville, Arkansas, "all referring to the same division.) PERMANENT EASEMENT DESCRIPTION: A permanent easement twenty (20) feet of equal and uniform width, COMMENCING at the Southwest corner of said Lot 5 and the previous North Right -of -Way line of Arkansas Highway 16 per ARDOT Job #9458;THENCE with the West line of said Lot 5, North 03°01'54" East 28.01 feet to the POINT OF BEGINNING and the current North Right -of -Way line of said Highway 16 per ARDOT Job#040579; THENCE continuing with said West line, North 03°01'54" East, 21.50 feet; THENCE leaving said West line, South 65°26'20" East, 47.45 feet; THENCE North 88°00'55" East, 98.18 feet to the East line of aforementioned Warranty Deed Book 617, Page 139; THENCE with said East line, South 02°50'59" West, 20.07 feet; THENCE leaving said East line, South 88°00'55" West, 101.21 feet; THENCE North 65°26'20" West, 44.27 feet to the POINT OF BEGINNING and containing 2,911 square feet or 0.07 acres, more or less. See attached Exhibit A for a drawing of the above described right-of-way and easement. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove 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 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent 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 pipe lines and/or make repairs to lines within the above described easement at any time in the future and agrees to timely pay for or repair any damages as a result of such future construction and/or repairs 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 Li ] SW1/4, lVW114 e SECTION 22 Q o ---��-- T16N, R30W __ - LO756& 7, BLOCKB 0 O ti h LOTS, BLOCK? BURL DODD ADDITION PARCEL #765 03383 001 O � O � O ,�� BURL DODDADD/TION h COCHRAN LOR/ L UC/LLE _ 12 PARCEL #765-03375-000 �O LOTS 6 & 7, BLOCKS QCO BK. 2013, PG. 29446 ai O 1 CITYOFFAVETTEI ALE BURL DODDADDITION ti � WK BK. 617, PG 139 c�j 1 PARCEL #765-03377-000 S �J HOMESTEAD, INC EXEC DEED BK. 2019, PG 14938 ` �" N88"0055'E 98.18' C� _ Vt P.O. B. 588 0055"IN 101.21' PREY/OUS R/W ARDOTJOB,V9458 - - _ _ DEED 2020-4338 SW/C 20' GAS LINE ESMT PRE!//OUS R/W ARDOTJOB l/9458 LOT 5 PER THIS DOCUMENT BURL DODD ADDITION 1,9OR 0.0 FT. + (ARDOTJOB #9458) O07f HWY. 16 (E. ISth ST.) NW114, SW114 SECTION 22 (ARDOTJOB #040579) T16N, R30W Legend Boundary Line Adjoining Boundary Line Easement Line Existing Right -of -Way Line Previous Right -of -Way Line Section Line Gas Line Bearing & Distance Change Calculated Point Gas Meter Engineering Associates, Inc. FORPOP 4TE TBPLS FIRM_ #10031500 DAI1AS TBPLS FIRM_ #101942 Easement Line Table LINE BEARING DISTANCE EL1 NO3 0154'E 28.01' EL2 NO3 0154'E 21.50' EL3 S65 2620'E 47.45' EL4 S02'S05911W 20.07' E15 N65 2620"W 44.27' Idld'rA 0 40' 60' 80' SCALE IN FEET It is to be understood that this sketch is descriptive only of the size, shape and location of the easement and does not constitute a plat or survey of the Grantors' property. 3108 SW REGFNr Y PRAWY RFNTONVILIE AP. 7"1? (479J ?-3-9472 Black Hills Energy LXHIBI City of Fayetteville I CEI PROM31667 3030 L8/ FREEWAY DALLAS, TX 75234 (972) 488-3737 311912020 6:31 PM ' OF 1 REV-0 Walker Park Parcel No. 765-14902-000 GAS PIPELINE EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, a municipal corporation„ hereinafter called GRANTOR, whose address is 113 West Mountain Street, Fayetteville, AR 72701, for itself, its heirs, successors and assigns, 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 Arkansas, Inc., an Arkansas corporation, hereinafter called GRANTEE, with its address at 655 E. Millsap Rd., Suite 104, Fayetteville, AR 72703, and unto Grantee's successors and assigns, a permanent to survey, construct, install, inspect, maintain, renew, repair, remove, replace and operate pipeline(s) and appurtenances, associated therewith, for the transportation of natural gas or any other substance which can be transported by pipeline, in, on, under, upon and through the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Ref. 994/334) A parcel of land lying in the SE '/4 of the NE % of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Beginning at the southwest corner of the E '/z of said NE % 650 feet, thence east along the south right of way of 131h Street, 1320 feet to the east line of Section 21, thence south along the section line 650 feet to the southeast corner of said NE 1/4, thence west 1320 feet to the point of beginning and containing 19.70 acres, more or less. PERMANENT EASEMENT DESCRIPTION: A parcel of land being a portion of the City of Fayetteville tract as recorded in Warranty Deed Book 994, Page 336 of the public records of Washington County, Arkansas, being more particularly described as follows: COMMENCING at the Southeast corner of said deed and the North Right -of -Way line of Arkansas Highway 16 per ARDOT Job #9458; THENCE with said North Right -of -Way line, North 86°24'43" West 16.23 feet to the POINT OF BEGINNING, - THENCE continuing with said North Right -of -Way line, North 86°24'43" West, 20.00 feet; THENCE leaving said North Right -of -Way line North 02'2615" East 66.94 feet; THENCE South 87°34'45" East 36.59 feet to the West Right -of -Way line of S. College Ave; THENCE with said West Right -of -Way line, South 02°43'52" West 20.00 feet; THENCE North leaving said West Right -of -Way line, North 87°34'45" West 16.48 feet; THENCE South 02*25'15" West 47.35 feet to the POINT OF BEGINNING and containing 1,674 square feet or 0.04 acres, more or less. Grantee acknowledges that the land this easement is located on is a public park and will operate the pipeline in a manner that does not detract or impinge on the use of the land as a public park. 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. The installation of any pipeline and any future repair work shall be bored and no digging shall occur. The minimum depth of any pipeline shall be three feet (3') to top of pipe. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove 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 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots, planting beds, signage, art work, and rock work will not be considered permanent structures. Grantor retains the right to construct, maintain, repair, and replace a sign and landscaping elements within the existing footprint of those elements in this 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 pipe lines and/or make repairs to lines within the above described WATER/SEWER EASEMENT Page 2 easement at any time in the future and agrees to timely pay for or repair any damages as a result of such future construction and/or repairs 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 expres d. ` WITNESS the execution hereof on this the day of V1 , 2021. CITY OF FA BY: ATTEST: ``�� GCE .... • •F'9 '�i \� • G\T Y Kara axton, ity Cle re s er — EVILLE ; r � STATE OF ARKANSAS COUNTY OF WASHINGTON LLE, ARKANSAS, a municipal corporation NOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Lioneld Jordan and 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 I 2021. MY COMMISSION EXPIRES: yI �� G B R OUV Notary Public -fir . • �� 2:� AUeLIC �'� 20' GAS LINE ESMT Q PER TH/S DOCUMENT Ali 1, 674 50. FT-t 1 OR 0.04AC-f V LOT54 & 5, BLOCKS FAYETTEVILLE0UTL0T CELL 4 0 BURL DODDADDITION FILENO 2017-00017944 PARCEL #765-14902-000 F/1ENO. 2016-00023901 CITYOFFAYETTEVILLE (� PARCEL #765-03383-000 Deed&' 994, PG. 336 CHRISTOPHER-POWERSPROPERTIES, LLC EL6 1 WKBK- 2016, PC 4453 M W - EL2 EL1 ; ARK HWY, 16 P.O. B. c� E. �15TH 5TREET) (ARDOT108 &040579) •� COMMON CORNER G - SECTIONS 21 & 22 I FA YETTEVILLEOUTL0T - -- FILE NO.2007-00017022 -- -- -- -'- -- -- __� PARCEL #765-14983-000 EPPERL Y DANIEL L & REBA REDEM BK- 2000, PG. 42186 — — — — — — — BK. 697, PG. 156 50' 75' 100' SCALE IN FEET NOTE o It is to be understood that this sketch is descriptive only of the size, shape and location of the easement and does not constitute a plat or survey of the Grantors' property. -G REVISION NC I DESCRIPTION DATE Al REVISED ESMT 11/10/2020 Easement Line Table LINE BEARING D/STANCE EL1 N86 24 43"W 16.23' EL2 N86 24 43 "W 20.00' EL3 NO2 2515'E 66.94' EL4 5873445'E 36.59' E15 S02 43 52 "W 20.00' EL6 N87 34 45'W 16.48' EL7 S02 2515"W 47.35' P,aPf7 Cl Boundary Line Adjoining Boundary Line Easement L/ne Existing Right -of -Way Line Previous Right -of -Way Line Section Line Gas Line Bearing & Distance Change Calculated Point Gas Meter �Q- " CEI Solutions for Land and Life CEIENGINEERINGASSOCIATES INC 3 WEI SW REGENCYP— 8 NTONVILLE AR 12112 PHONE (47912739Al2 FA% 1429) 273 U844 CORPORATE THPLSFIRM 1116031500 3030 LEI FREEWAY SUITE 100 CALLAS,T% 15234 PHONE (971)08K3T3) FA%. (922) 488 6732 BRANCH TBPLS FIRM R101-34 c Q 0 �o LN >: Y 7 0 a— U Z o Q1 00 E c Q) >, L n to m wLJ v�3 Q1w� in EnLLi ED v J = a1 _ m' I n � j - LL V U 3 0 cum > �maU PROFESSIONAL OF RECORD IBB DESIGNER TLP CEI PROECTNUMBER 31662 DATE 11/11R020 REVISION REV-1 Exhibit "B" SHEET TITLE SHEET NUMBER 1 OF 1