HomeMy WebLinkAbout07-22 RESOLUTIONOF FAYETTf
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 07-22
File Number: 2021-1031
BLACK HILLS ENERGY ARKANSAS, INC. MIDTOWN CORRIDOR PROJECT
EASEMENT:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO CONVEY A 25 FOOT WIDE
GENERAL UTILITY EASEMENT FOR UTILITY RELOCATIONS ASSOCIATED WITH THE
MIDTOWN CORRIDOR PROJECT ALONG PORTER ROAD AND DEANE STREET AT THE
POLICE HEADQUARTERS AND FIRE STATION SITE
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 convey a 25 foot wide general utility easement for utility relocations associated with the Midtown
Corridor Project along Porter Road and Deane Street at the Police Headquarters and Fire Station
Site.
PASSED and APPROVED on 1/4/2022
Page 1 Printed on 115122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-1031
Agenda Date: 1/4/2022 Version: 1 Status: Passed
In Control: City Council Meetinq
Agenda Number: A.8
File Type: Resolution
BLACK HILLS ENERGY ARKANSAS, INC. MIDTOWN CORRIDOR PROJECT EASEMENT:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO CONVEY A 25 FOOT WIDE GENERAL
UTILITY EASEMENT FOR UTILITY RELOCATIONS ASSOCIATED WITH THE MIDTOWN
CORRIDOR PROJECT ALONG PORTER ROAD AND DEANE STREET AT THE POLICE
HEADQUARTERS AND FIRE STATION SITE
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
convey a 25 foot wide general utility easement for utility relocations associated with the Midtown Corridor
Project along Porter Road and Deane Street at the Police Headquarters and Fire Station Site.
City of Fayetteville, Arkansas Page 1 Printed on 11512022
Matt Casey
Submitted By
City of Fayetteville Staff Review Form
2021-1031
Legistar File ID
1/4/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/16/2021 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Staff recommends dedication of a 25' wide utility easement for utility relocations associated with the Midtown
Corridor Project along Porter Road and Deane Street at the Police Headquarters and Fire Station site.
4602.860.7218-5809.00
Account Number
46020.7218.1000
Budget Impact:
4602 - Street Projects 2019 Bonds
Fund
Streets Projects - Midtown Corridor
Project Number
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Project Title
$ 632,172.00
$ 592,128.46
40,043.54
Previous Ordinance or Resolution #
Approval Date:
40,043.54
V20210527
—� CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JANUARY 4, 2022
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Chris Brown, Public Works Director
FROM: Matt Casey, Engineering Design Manager
DATE: December 15, 2021
CITY COUNCIL MEMO
SUBJECT: Dedication of a Utility Easement for Utility Relocations for the Midtown Corridor
project at Porter and Deane
RECOMMENDATION:
Staff recommends dedication of a 25' wide utility easement for utility relocations associated with
the Midtown Corridor Project along Porter Road and Deane Street at the Police Headquarters
and Fire Station site.
BACKGROUND:
The Midtown Corridor is a project in the 2019 Bond Program and includes several different
components. Along Porter Road and Deane Street from the interstate to Garland Avenue the
project includes street improvements with a new roundabout at the intersection of Porter Road
and Deane Street, drainage improvements and separated pedestrian and bicycle facilities. The
street, drainage pedestrian, and bicycle improvements will continue along Sycamore Street from
Garland Avenue to the Razorback Greenway. From the Greenway to Woodland Jr. High, the
project will include multi -use trail construction along the Poplar Street alignment. Finally, a
connection to the south from Poplar Street to Gregory Park will be designed as part of this
contract. The City Council approved a design contract with Olsson Associates, Inc. in
November of 2019.
DISCUSSION:
The portion of the project along the frontage of the Police Headquarters and new Fire Station
(Porter and Deane) will be constructed as the first phase of this project. During the
development of the construction plans, Black Hills Energy identified portions of their natural gas
system outside of the city right of way that will need to be relocated in order to construct this
project. The City needs to provide a 25' wide utility easement to accommodate this relocation
across the PD and Fire Station site.
BUDGET/STAFF IMPACT:
The dedication of this easement has not impact to the project budget.
Attachments:
Utility Easement
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Project: Porter/Deane Improvements
Parcel No.: 765-13553-001
Tract No.: 10
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 Arkansas, Inc., an Arkansas corporation, hereinafter called GRANTEE, with
its address at 655 E. Millsap Rd., Suite 104, Fayetteville, AR 72703, as well as other
public utilities authorized to operate within the below -described property, 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 water and/or sanitary sewer
pipe line or lines, manholes, natural gas, electrical power, telephone, fiber optic
cable(s) and television communication line or lines, traffic signal poles and
equipment, and appurtenances thereto, but said easement shall not be used for
above -ground micro -wireless facilities, small wireless facilities (including
associated poles or support structures), or any other similar wireless
communications facilities, on over, across, and under the following described land
situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Warranty Deed: 2020-1794)
Part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section Five (5), Township Sixteen
North (T16N), Range Thirty West (R30W), 5th Principal Meridian, Washington County, Arkansas, being more
particularly described as follows: Commencing at the Southwest corner of said Forty -acre tract, thence North
02°53'34" East 482.76 feet to a point, thence South 87°06'26" East 25.52 feet to a set iron rebar with cap C.O.F.
#1514 and being the point of beginning; thence North 02°55'49" East 492.01 feet to a set iron rebar with cap C.O.F.
#1514; thence North 02'03'18" East 119.01 feet to a set iron rebar with cap C.O.F. #1514; thence South 88'27'16"
East 693.03 feet to a set iron rebar with cap C.O.F. #1514, thence South 02°42'30" West 728.21 feet a set iron rebar
with cap C.O.F. #1514; thence North 89°45'23" West 528.27 feet to a set iron rebar with Cap C.O.F. #1514 and the
beginning of a curve to the right, said curve having a radius of 225.15 feet and a central angle of 29°26'14"; thence
along the curve an arc distance of 115.68 feet to a point, said point having a chord bearing and distance from the
beginning of the curve of North 73°08'41" West 114.41 feet, said point also being the beginning of a compound curve
to the right, said compound curve having a radius of 104.84 feet and a central angle of 64°40'28", thence along the
compound curve an arc distance of 118.34 feet to the point of beginning bearing a chord bearing and distance from
the point of compound North 26°29'40" West 112.61feet, containing 11.600 acres, more or less, and all the adjoining
portions of existing roadway in and along Porter Road and Deane Street to become right-of-way to the City of
Fayetteville.
EXCEPT
All of the New Right -of -Way described in the plat entitled, "New Right of Way and General Utility Easement Plat", as
prepared by Olsson, Inc.; duly recorded in the Washington County Circuit Clerk's Office in Book 24, at Page 345, and
being more particularly described as follows: A NEW RIGHT OF WAY ACROSS THE WESTERLY AND
SOUTHERLY SIDES OF PARCEL NO. 765-13553-001, LOCATED IN THE SOUTHWEST QUARTER(SW1/4) OF
THE SOUTHWEST QUARTER(SW1/4) OF SECTION 5, TOWNSHIP 16 NORTH, RANGE 30 WEST IN
WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: COMMENCE AT THE FOUND 5/8" REBAR
AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT AND RUN THENCE NORTH 02°53'34" EASTALONG
THE WEST LINE OF SAID 40 ACRE TRACT A DISTANCE OF 482.76 FEET; THENCE LEAVING SAID WEST LINE
SOUTH 87006'26" EAST A DISTANCE OF 25.52 FEET TO A FOUND 5/8" REBAR ON THE EXISTING EASTERLY
RIGHT OF WAY LINE OF PORTER ROAD, SAID EASTERLY RIGHT OF WAY LINE BEING THE WEST LINE OF
SAID PARCEL NO.765-13553-001, FOR THE "TRUE POINT OF BEGINNING" OF THIS DESCRIPTION; THENCE
NORTH 02°55'49" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 492.01 FEET TO A
FOUND 5/8" REBAR; THENCE NORTH 02°03'18" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE A
DISTANCE OF 119.01 FEET TO A FOUND 5/8" REBAR AT THE NORTHWEST CORNER OF SAID PARCEL;
THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE SOUTH 88°27'16" EAST, ALONG THE NORTH LINE
OF SAID PARCEL A DISTANCE OF 28.65 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 03°43'18" WEST
A DISTANCE OF 130.00 FEET; THENCE SOUTH 02°37'15" WEST A DISTANCE OF 283.40 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 214 FEET, A CHORD BEARING
OF SOUTH 15°56'22" EAST, A CHORD DISTANCE OF 160.00 FEET, THENCE ALONG THE ARC OF SAID
CURVE A DISTANCE OF 163.99 FEET; THENCE LEAVING SAID CURVE SOUTH 38°19'48" EAST A DISTANCE
OF 169.42 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 541, A
CHORD BEARING OF SOUTH 63'19'18" EAST, A CHORD DISTANCE OF 45.63 FEET, THENCE ALONG THE
ARC OF SAID CURVE A DISTANCE OF 47.11 FEET; THENCE LEAVING SAID CURVE SOUTH 89°13'05" EASTA
DISTANCE OF 209.32 FEET; THENCE SOUTH 77°10'59" EAST A DISTANCE OF 37.74 FEET; THENCE SOUTH
89°20'43" EAST A DISTANCE OF 215.81 FEET TO THE EAST LINE OF SAID PARCEL; THENCE SOUTH
GENERAL UTILITY EASEMENT
Page 2
02042'30" WEST ALONG SAID EAST LINE A DISTANCE OF 11.58 FEET TO A FOUND 5/8" REBAR ON THE
NORTH RIGHT OF WAY OF DEANE STREET AT THE SOUTHEAST CORNER OF SAID PARCEL; THENCE
LEAVING SAID EAST LINE NORTH 89045'23" WEST ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE
OF 528.27 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 225',
A CHORD BEARING OF NORTH 73°08'41" WEST, A CHORD DISTANCE OF 114.41 FEET, THENCE ALONG
SAID RIGHT OF WAY LINE AND THE ARC OF SAID CURVE A DISTANCE OF 115.68 FEET TO THE BEGINNING
OF ANOTHER CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 105 FEET, A CHORD BEARING OF
NORTH 26029'40" WEST, A CHORD DISTANCE OF 112.16 FEET, THENCE LEAVING THE PREVIOUS CURVE,
ALONG SAID RIGHT OF WAY LINE AND ARC OF SAID CURVE A DISTANCE OF 118.34 FEET TO THE POINT
OF BEGINNING, CONTAINING 47,925 SQUARE FEET OR 1.10 ACRES, MORE OR LESS.
PERMANENT EASEMENT DESCRIPTION:
A permanent utility easement being the West 25.00 feet and the South 25.00 feet of Grantor's above described
property, being more particularly described as follows: BEGINNING atthe intersection of the East Right -of -Way line
of N. Porter Road, as now established by the plat duly recorded in the Washington County Circuit Clerk's Office in
Book 24, at Page 345, and the North line of said Grantor's property; thence departing said East Right -of -Way line
S88027'18"E along the North line of said Grantor's property a distance of25.02 feet; thence departing said North line
S03043'18"W a distance of 130.70 feet; thence S02°37'15"W, a distance of 283.93 feet to a beginning of a curve to
the left; said curve having a Radius of 188.82 feet, a Chord Bearing of S15049'00"E, a Chord Distance of 141.88 feet,
thence along the arc of said curve a distance of 145.45 feet; thence departing said curve S38019'48"E, a distance of
169.32 feet to the beginning of a curve to the left; said curve having a Radius of 29.00 feet, a Chord Bearing of
S63009'23"E, a Chord Distance of 24.35 feet, thence along the arc of said curve a distance of 25.13 feet; thence
departing said curve S89013'14"E, a distance of 211.73 feet; thence S77010'59"E, a distance of 37.72 feet; thence
S89°20'43"E, a distance of 214.05 feet to the East line of said Grantor's property; thence S02044'03"W along said
East line, a distance of 25.02 feet to the Southeast corner of said Grantor's property, said point being in the North
Right -of -Way line of W. Deane Street, as now established by the plat duly recorded in the Washington County Circuit
Clerk's Office in Book 24, at Page 345; thence departing said East line, along said North Right -of -Way line the
following four (4) courses: N89020'43"W, a distance of 215.81 feet; thence N77°10'59"W, a distance of 37.74 feet;
thence N89013'14"W, a distance of 209.32 feet to a beginning of a curve to the right; said curve having a Radius of
54.00 feet, a Chord Bearing of N63019'18"W, a Chord Distance of 45.63 feet, thence along the arc of said curve a
distance of 47.11 feet to a point in the said East Right -of -Way line of N. Porter Road; thence departing said curve,
along said East Right -of -Way line the following four (4) courses: N38°19'48"W, a distance of 169.42 feet to a
beginning of a curve to the right; said curve having a Radius of 213.82 feet, a Chord Bearing of N15056'22"W, a
Chord Distance of 160.00 feet, thence along the arc of said curve a distance of 163.99 feet; thence departing said
curve N02037'15"E, a distance of 283.40 feet; thence N03043'18"E, a distance of 129.99 feet to the POINT OF
BEGINNING.
Containing 30,395 square feet or 0.710 acres, more or less, and subject to any rights -of -way, easements, and
restrictions of record.
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, until the use of said permanent easement is
relinquished, abandoned or vacated and so long as such pipe 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 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 day of 2022.
CITY OF FAYETTEVILLE, ARKANSAS,
A municipal corporation
GENERAL UTILITY EASEMENT
Page 3
ATTEST: ��` G�; 'ti neld Jor ayor
Kara Paxton, City Clerk Treas rer FAYET7, LE
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 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 V b—
MY COMMISSION EXPIRES:
day of 2022. BRA�NS° 4-.p
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28.6'
N03043'18"E
129.99'00
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POINT OF BEGINNING Parcel 765-13553-000
ROW Existing Right -of -Way lin
S88°27'18"E University of Arkansas Existing Property Line
�25.02'
Ex. 15.0' Utility Easement
Book 24, Page 345
S03°43'18"W
130.70'
'
Ex. Gas Easement
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File No. 97070535
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MATCHLINE - SEE SHEET 2 OF 2
Easement Tract: Porter #10
Parcel 765-13553-001
City of Fayetteville
Book 2020, Page 1974
This sketch is not a boundary survey. It is intended to show the configuration of a proposed utility easement.
It should not be used to locate property lines and does not meet the Standards for Property Boundary
Surveys.
Project no: 019-3988 EASEMENT DRAWING - STREET IMPROVEMENT - PORTER ROAD
Drawn by: DRC PARCEL NO. 765-13553-001
Date: 12.009.2021 CITY OF FAYETTEVILLE
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0' 40' 80' 160'
SCALE IN FEET
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EXHIBIT
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R=213.82'
L=163.99'
CB=N15°56'22"W
CH=160.00'
0' 40' 80' 160'
SCALE IN FEET
MATCHLINE - SEE SHEET 1 OF 2
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East R/W of N.
I7—Porter
Road as per
Book 24, Page 345
\��R=188.82'
L=145.45'
CB=S15°49'00"E
CH=141.88'
R=54.00'
L=47.11'
CB=N63°19'18"W
CH=45.63'
__________� Utility Easement
ROW Existing Right -of -Way line
FI' Existing Property Line
Ex. 20.0' Utility Easement
Book 24, Page 345
/ J
Easement Tract: Porter #10
Parcel765-13553-001 /
City of Fayetteville /
Book 2020, Page 1974 i
R=29.00'
L=25.13'
CB=S63°09'23"E
CH=24.35'
S89° 13'14"E
N89013' 14"W
W. Deane Street
(Variable Width R/W)
North R/W of W.
Deane St. as per
Book 24, Page 345
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25.0' Utility Easement
containing 30,935± sq. ft. I I
or 0.710± ac.
211.73'
209.32'
N77010'59"W
37.74'
This sketch is not a boundary survey. It is intended to show the configuration of a proposed utility easement.
It should not be used to locate property lines and does not meet the Standards for Property Boundary
Surveys.
Project no: 019-3988 EASEMENT DRAWING - STREET IMPROVEMENT - PORTER ROAD
Drawn by: DRC PARCEL NO. 765-13553-001
Date: 12.09.21 CITY OF FAYETTEVILLE
S77°10'59"E I S02°44'03"W
37.72' I 25.02'
S89°20'43"E �_ 214.05' \
N89°20'43"W ' 215.81' -
Ex. Gas Easement j
File No. 97070535 Found 60d nail -
312 East
OIer� TEL 479.4413.3404Fayetteville, AIR 703
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