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HomeMy WebLinkAbout284-22 RESOLUTIONr•�z�. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 284-22 File Number: 2022-1080 CITY OF GREENLAND SEWER EASEMENT: A RESOLUTION TO APPROVE THE CONVEYANCE OF EASEMENTS TO THE CITY OF GREENLAND ACROSS PORTIONS OF CITY OF FAYETTEVILLE PROPERTY LOCATED WEST OF DRAKE FIELD FOR THE INSTALLATION OF SEWER LINES WHEREAS, the City of Greenland is in the process of upgrading its sewer lift station and the downstream force main and gravity sewer mains that transport the water to Fayetteville's systems; and WHEREAS, temporary construction and permanent easements are needed for the Greenland sewer lines are located across several City of Fayetteville. 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 three Easements attached to this Resolution in favor of the City of Greenland conveying permanent sewer line easements and temporary construction easements across portions of City of Fayetteville owned property located by Drake Field for the purpose of the installation of sewer lines. PASSED and APPROVED on 12/6/2022 Page 1 Printed on 1217122 Resolution: 284-22 File Number: 2022-1080 Attest: 'oi 1l l Mill" f� k Kara Paxton, City Clerk Treasurer; FAY T: C 0 W ��'N1ptlC!'WYY��4 Page 2 Printed on 1217122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-1080 Agenda Date: 12/6/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.15 CITY OF GREENLAND SEWER EASEMENT: A RESOLUTION TO APPROVE THE CONVEYANCE OF EASEMENTS TO THE CITY OF GREENLAND ACROSS PORTIONS OF CITY OF FAYETTEVILLE PROPERTY LOCATED WEST OF DRAKE FIELD FOR THE INSTALLATION OF SEWER LINES WHEREAS, the City of Greenland is in the process of upgrading its sewer lift station and the downstream force main and gravity sewer mains that transport the water to Fayetteville's systems; and WHEREAS, temporary construction and permanent easements are needed for the Greenland sewer lines are located across several City of Fayetteville. 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 three Easements attached to this Resolution in favor of the City of Greenland conveying permanent sewer line easements and temporary construction easements across portions of City of Fayetteville owned property located by Drake Field for the purpose of the installation of sewer lines. City of Fayetteville, Arkansas Page 1 Printed on 121712022 City of Fayetteville Staff Review Form 2022-1080 Legistar File ID 12/6/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 11/17/2022 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of a sewer easement across City of Fayetteville property for the City of Greenland to allow the installation of a sewer line. Budget Impact: N/A N/A Account Number N/A Project Number Budgeted Item? No 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: Fund N/A Project Title $ - Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 6, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer DATE: November 17, 2022 CITY COUNCIL MEMO SUBJECT: Dedication of Sewer Easement to City of Greenland on Property Owned by City of Fayetteville RECOMMENDATION: Staff recommends approval of a sewer easement across City of Fayetteville property for the City of Greenland to allow the installation of a sewer line. BACKGROUND: The City of Fayetteville and City of Greenland have an agreement for both water and sewer services. The City of Greenland `owns' the infrastructure, but the City of Fayetteville operates the system. Greenland is in the process of upgrading their sewer lift station and the downstream force main and gravity sewer mains that transport the water to Fayetteville's system. These upgrades are needed to reduce wet weather sewer overflows and accommodate growth in their system. DISCUSSION: Temporary and permanent utility easement is needed for the Greenland sewer lines across several City of Fayetteville parcels as shown in the attached exhibits. These areas are generally just west of Drake Field Airport. Staff recommends approval of the easements as requested. BUDGET/STAFF IMPACT: No impacts. Attachments: Easement Descriptions and Exhibits Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Greenland Wastewater Rehabilitation Project Greenland, Arkansas — Tract 01 Washington County Parcel # 775-17901-001 & # 001-06803-000 EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT the undersigned, City of Fayetteville, Arkansas, a municipal corporation, Grantor(s), for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to us in hand paid by the City of Greenland, Arkansas, does hereby grant, bargain and sell unto the said City of Greenland, Arkansas, and unto its successors and assigns, an easement for a sewer line(s), over, under or across the hereinafter described land in Washington County, Arkansas, to -wit: PROPERTY DESCRIPTION: See Attached Exhibit "A". PERMANENT EASEMENT DESCRIPTION: Permanent Easement 01A Part of the Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) of Section 09, Township 15 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE Corner of the NE 1/4 of the NW 1/4 of said Section 09; Thence along the east line of said NE 1/4 of the NW 1/4, S 02°32'38" W - 159.73 feet; thence leaving said east line, N 872722" W - 391.97 feet to the Grantor's west line and to the Point of Beginning (POB ESMT A): thence leaving said west line, S 53°50'16" E - 81.35 feet; thence S 08°50'16" E - 166.22 feet; thence S 059631" E - 81.78 feet; thence S 29°21'39" W - 75.63 feet to the Grantor's west line; thence along said west line, N 09'48'10" W - 29.91 feet; thence leaving said west line, N 28008'44" E - 45.96 feet; thence N 0503631" W - 75.15 feet; thence N 08°50'16" W - 8.04 feet; thence N 08°50'16" W - 149.33 feet; thence N 53°50'16" W - 52.38 feet to the Grantor's west line; thence along said west line N 09°48' 10" W - 28.77 feet; to the Point of Beginning (POB ESMT A), containing 7,317 sq. ft., or 0.17 acres. AND Permanent Easement 0 1 B Part of the Northeast Quarter (NE1/4) of the Northwest Quarter (NW 1/4) of Section 09, Township 15 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE Corner of the NE 1/4 of the NW 1/4 of said Section 09;Thence along the east line of said NE 1/4 of the NW 1/4, S 02°32'38" W - 700.26 feet; thence leaving said east line, N 87°27'22" W - 455.24 feet to the Grantor's west line and to the Point of Beginning (POB ESMT B)Ahence leaving said west line, S 54044'11" E - 14.39 feet; thence S 09044'02" E - 52.72 feet; thence S 35°16'53" W - 28.28 feet; thence N 09°44'02" W - 64.43 feet; thence N 54044'11" W - 6.16 feet to the Grantor's west line; thence along said west line, N 35°25'32" E - 20.00 feet; to the Point of Beginning (POB ESMT B), containing 1,377 sq. ft., or 0.03 acres. TEMPORARY CONSTRUCTION EASEMENT (TCE): Temporary Construction Easement 0 1 A A temporary construction easement (TCE) across the said parcel, being parallel with and adjacent to the west side of the above -described utility easement, as shown on the attached Exhibit Map. The said TCE is intended to extend to, and terminate at, the Grantor's property lines where shown. AND Temporary Construction Easement 0 1 B Temporary construction easements (TCE) across the said parcel, being parallel with and adjacent to the southwest and northeast sides of the above -described utility easement, as shown on the attached Exhibit Map. The said TCE is intended to extend to, and terminate at, the Grantor's property lines where shown. Together with the right of ingress and egress across adjacent lands for the purpose of laying, repairing, inspecting, maintaining, removing, or replacing, said sewer line(s) and the right of exercising all other rights necessary to carry out the purposes for which this Easement is created. This temporary construction easement as conditioned above, shall terminate when the hereinabove referenced project has been completed by the contractor. It is expressly understood that the above temporary construction easement shall exclude any permanent structure presently located within said temporary construction easement area. TO HAVE AND TO HOLD the above described easement and rights unto said Grantee, its successors and assigns, forever or until said easement is abandoned. And Grantor(s) agree(s) to warrant and forever defend all and singular the above described easement and rights unto said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or seek to claim the same or any part thereof. This Easement is declared to and does inure to the benefit of the public generally, and shall be binding upon the successors in title to the lands herein described or any other part thereof, their mortgagees, lessees, heirs, administrators, executors, successors, and assigns. IN WITNESS WHEREOF, the Grantor(s) hereunto set their hands and seals, this `� day of D 52022. ATTEST: STATE OF ARKANSAS COUNTY OF WASHINGTON CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation :` soy kjlK � I �R o<<fi � r i'AYETfEVILLL::. =�■�• 7i���1 �1r"��••• Cry ACKNOWLEDGMENT 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, ppersonally appeared Lioneid Jordan and Kara Paxton to me well known as the persons who executed the fore ping document, and who stated and acknowledges that they are the Mayor and City Clerk, respectively, o�the City of Fayetteville, Arkansas? a Municipal Corporation, and are duly authorized in then- respective capacities to execute the foregoing instrumentTor and in the name and behalf of said City of Fayetteville, Arkansas, and further stated an 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 Gt" gzC 2022. MY COMMISSION EXPIRES: otary Public +�r VtOTAR),"J> � •g BLIc •y Exhibit "A" As described in Deed Book 93-47367 or records of Washington County, Arkansas: A part of the Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) of Section 9, Township 15 North, Range 30 West, being more particularly described as follows: Commencing at the Northeast corner of the Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) of said Section 9; thence South 01°34'44" West — 651.42 feet; thence North 88°06'35" West—187.55 feet to the point of beginning; thence North 88°06'35" West 96.01 feet; thence North 10' 53'20" West — 507.95 feet; thence North 86°53'25" East - 90.94 feet; thence South 11'22'04" East - 455.65 feet; thence South 10°37'45" East — 61.24 feet to the point of beginning, containing 1.08 acres, more or less, Washington County, Arkansas. AND As described in Deed Book 92-46172 or records of Washington County, Arkansas: A part of the NE1/4 of the NW1/4 of Section 9 in Township 15 North of Range 30 West, being more particularly described as follows, to wit: Beginning at a point 25 feet North and 48.3 feet West of the SE corner of said 40 acre tract; thence West along the North line of Williams 25 foot strip and continue West for a distance of 11.09 chains; thence North 1.315 chains; thence North 32 degrees 30 minutes East 9.81 chains; thence East 3.66 chains; thence South about 13 degrees East to the point of beginning, containing 7.2 acres, more or less. 0 50 100 NE CORNER SCALE 1" = 100' NEY4, NW3/4 SECITON 9 m T-15-N, R-30-W 1901.140QIre1 N090 48' 10"W-28.77' N870 27' 22"W-391.97' \ S530 50' 16"E-81.35' N530 50' 16"W-52.38' \ 1 TRACT 1 \ CITY OF FAYETTEVILLE '{ PN:775-17901-001 N09° 48' 10"W-28.77' Q \ I DEED 93-47367 N531 50' 16"W-23.41' I I S080 50' 16"E-166.22' N080 50' 16"W-149.33'----_` \ TCE 01A I \I 3662 SQ. FF. I \ I 0.08 AC. ESMT 01A N080 50' 16"W-141.05' 1 7317 SQ. FT' 1 0.17 AC. S810 09' 44"W-20.00' N080 50' 16"W-8.04' y S050 36' 31"E-81.78' N050 36' 31"W-75.15' \I N280 08' 44"E-45.96'� %) N090 48' 10"W-29.91'—""�y S290 21' 39"W-75.63' S87° 03' 43"E-60.98' N35° 25' 25"E-63.09'­B POB ESMT B N350 25' 32"E-20.00'--� /--, S540 44' 11"E-14.39' N540 44' 11"W-6.16' TCE O1C�/� 2017 SQ. FT. 0.05 4343' 0707"W-51.88' N090 44' 02"W-64.43 S35° 16' 53"W-13.41 TCE 01B � 0.1 1 FT. 0.11 Ac. c. G�-S35° 16' 53"W-132.98' kEESMT TRACT 01 CITY OF FAYETTEVILLE PN:001-06803-000 DEED 92-46172 S09° 44' 02"E-52.72' 01B 377 SQ. FT. .03 AC. 5° 16' 53"W-28.28' LEGEND N87° 27' 22"W-455.24' 001-06803-000 TAX PARCEL NUMBER [!!CL/"� PROPOSED RIGHT-OF-WAY 91-46172 DEED RECORD r7----- -i PROPOSED UTILITY EASEMENT EXISTING PROPERTY LINE F_T E_ _ E� PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NZ 83, NORTH ZONE. (NOT A PLAT OF SURVEY) TW IT MCCLELLAND "ATE R ED SEWER IMPROVEMENTS ECONSULTING mC 10.20.22 1 EXHIBIT "A" GREENLAND, AR ENGINEERS, INC. SCALE PRO], AS NOTED 21-NUMBER 2120 MAP TRACT 01 1580 E. STEARNS ST. CITY OF FAYETTEVILLE, AR FAYETTEVILLE, AR 72703 # F X`, — 1 (479)443-2377 Greenland Wastewater Rehabilitation Project Greenland, Arkansas — Tract 28 Washington County Parcel # 775-17972-000 & # 775-17984-000 EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT the undersigned, City of Fayetteville, Arkansas, a municipal corporation, Grantor(s), for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to us in hand paid by the City of Greenland, Arkansas, does hereby grant, bargain and sell unto the said City of Greenland, Arkansas, and unto its successors and assigns, an easement for a sewer line(s), over, under or across the hereinafter described land in Washington County, Arkansas, to -wit: PROPERTY DESCRIPTION: See Attached Exhibit "A". PERMANENT EASEMENT DESCRIPTION: Part of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of Section 33, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE Corner of the SW 1/4 of the SW 1/4 of said Section 33; thence along the east line of said SW 1/4, S 02°55'07" E - 404.03 feet; thence leaving said east line, N 87004'53" W - 478.24 feet, to the west line of U.S. Highway 71, and to the Point of Beginning (POB); thence along said west line, S 01 °51'23" W - 25.13 feet; thence leaving said west line, S 86001'36" W - 21.35 feet; thence N 89048'55" W - 186.70 feet to the Grantor's west line; thence along said west line, N 08°10'31" W - 25.16 feet; thence leaving said west line, S 89050'56" E - 189.44 feet; thence N 86'01'36" E - 23.00 feet; to the Point of Beginning (POB), containing 5,246 sq. ft., or 0.12 acres. TEMPORARY CONSTRUCTION EASEMENT (TCE): A temporary construction easement (TCE) across the said parcel, being parallel with and adjacent to the south side of the above -described utility easement, as shown on the attached Exhibit Map. The said TCE is intended to extend to, and terminate at, the Grantor's property lines where shown. Together with the right of ingress and egress across adjacent lands for the purpose of laying, repairing, inspecting, maintaining, removing, or replacing, said sewer line(s) and the right of exercising all other rights necessary to carry out the purposes for which this Easement is created. This temporary construction easement as conditioned above, shall terminate when the hereinabove referenced project has been completed by the contractor. It is expressly understood that the above temporary construction easement shall exclude any permanent structure presently located within said temporary construction easement area. TO HAVE AND TO HOLD the above described easement and rights unto said Grantee, its successors and assigns, forever or until said easement is abandoned. And Grantor(s) agree(s) to warrant and forever defend all and singular the above described easement and rights unto said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or seek to claim the same or any part thereof. This Easement is declared to and does inure to the benefit of the public generally, and shall be binding upon the successors in title to the lands herein described or any other part thereof, their mortgagees, lessees, heirs, administrators, executors, successors, and assigns. IN NWNESS WJIEREOF, the Grantor(s) hereunto set their hands and seals, this day of 2022. CITY OF F4YETTEVILLE, ARKANSAS, a municipal corporation ATTEST: RK • t. ���'• G1T.L r' Kara Paxton, City Clerk Treasurer y: y �'W,� ��d zON ACKNOWLEDGMENT STATE OF ARKANSAS SS. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a dui commissioned and acting Notary Public within and for said County and State, personally appeared Lioneldylordan and Kara Paxton to me well known as the persons who executed the tore ping document, and who stated and acknowledge) that they are the Mayor and City Clerk, respectively, o�the City of Fayetteville, Arkansas= a Municipal Corporation, and are dulyauthorized in their respective capacities to execute the foregoing instrument for and in the name and behalof 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 mentioned and set forth. WITNESS my hand and seal on this �� day cif' r�ef&&C 2022. MY COMMISSION EXPIRES: ar Public ��+�� rti tiA t n+rrA � 'ff. Exhibit "A" As described in Deed Book 1446-697 of records of Washington County, Arkansas: A part of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of Section Thirty-three (33) in Township Sixteen (16) North, Range Thirty (30) West of the 5th P.M., and being more particularly described as follows, to -wit: Beginning at a point Four Hundred Eighty (480) feet West of a point that is Five Hundred Eleven and one-half (511 1/2) feet South two degrees twenty-four minutes (2°24') West from the point where the North line of said forty (40) acre tract intersects the center line of the concrete slab of U.S. Highway No. 71; thence running West One Hundred Forty-five (145) feet along the Bellview Graveled Road to the East line of the right-of-way of the St. Louis and San Francisco Railroad; thence in a Northwesterly direction with said East line of said Railroad right-of-way Two Hundred Sixty-six (266) feet; thence East One Hundred Ninety-five (195) feet; thence South Two Hundred Sixty-one and one-half (261 1/2) feet to the place of beginning, containing 0.91 acres, be the same more or less. AND As described in Deed Book 92-18783 of records of Washington County, Arkansas: A part of the Southwest Quarter of the Southwest Quarter, Section thirty-three (33), Township Sixteen (16) North, Range Thirty (30) West of the Fifth (5) P.M., described as follows: Beginning at a point which is three hundred seventy-five (375) feet West of a point which is five hundred eleven and one-half (511 1/2) feet South, two degrees (2°) and twenty-four minutes (24') West from the point where the North line of said forty -acre tract intersects the center line of the concrete slab of U.S. Highway No. 71 thence running one hundred five (105) feet West along Bellview Graveled Road, thence North two hundred sixty-one and one-half (261 1/2) feet, thence East one hundred five (105) feet; thence South two hundred sixty-one and one-half (261 1/2) feet to the place of beginning. 0 20 40 SCALE 1" = 40' NE CORNER SWY4, SW1i4 SECTION 33 T-16—N, R-30—W SW —SW 33-16-30 I � CITY OF FAYETTEVILLE PN:775-17984-000 DEED 92-18783 TRACT 28 CITY OF FAYETTEVILLE PN:775-17972-000 DEED 1446-697 � I N080 10' 31"W-25.16' N860 01' 36"E-23.00' S890 50' 56"E-189.44' N870 04' 53"W-478,24- ESMT 28 S010 51' 23"W-25.13' \ \ \ \ \ \ \ \ \ \ \ 5246 SQ. FT. \ \ \ \ \ \ \ \ \ \ \ \ \ \\\\\\\\\\\ 0.12AC. \\\\\\ \\\\\\\ ... � S010 51' 23"W-3.66' N890 48' 55"W-186.70' S860 01' 36"W-21.35' S120 17' 36"E-24.13' •^T�rrr N08 110' 31"W-15.68' N870 03' 23"W-149.16' N871 03' 23"W-61.90' G U'1 BAILEY DRIVE TCE 28 p I p 4303 SQ. FF. 0.10 AC. lZ R/ W R/ W R/ W J N LEGEND 775-17984-000 TAX PARCEL NUMBER [!!CL/�� PROPOSED RIGHT-OF-WAY 92-18783 DEED RECORD r777 77-71 PROPOSED UTILITY EASEMENT L-- ------ i EXISTING PROPERTY LINE F_T E_— _ E� PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) TW IT MCCLELLAND DATE R sED SEWER IMPROVEMENTS ECONSULTING mC 10.20.22 1 EXHIBIT "A" GREENLAND, AR ENGINEERS, INC. SCALE PR- UMBER. AS NOTED 21_2120 MAP TRACT 28 1580 E. STEARNS ST. `, CITY OF FAYETTEVILLE, AR FAYETTEVILLE, AR 72703 # F X - 1 (479)443-2377 Greenland Wastewater Rehabilitation Project Greenland, Arkansas — Tract 29 Washington County Parcel # 765-15531-001 & # 775-17985-000 & # 775-17968-000 & # 775-17974-000 & # 775-17980-000 & # 775-17977-000 & # 775-17976-000 & # 775-17965-000 EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT the undersigned, City of Fayetteville, Arkansas, a municipal corporation, Grantor(s), for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to us in hand paid by the City of Greenland, Arkansas, does hereby grant, bargain and sell unto the said City of Greenland, Arkansas, and unto its successors and assigns, an easement for a sewer line(s), over, under or across the hereinafter described land in Washington County, Arkansas, to -wit: PROPERTY DESCRIPTION: See Attached Exhibit "A". PERMANENT EASEMENT DESCRIPTION: Part of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4), and a part of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 33, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE Corner of the SW 1/4 of the SW 1/4 of said Section 33; thence along the north line of said SW 1/4, N 87°06'20" W - 195.18 feet to the Point of Beginning (POB); thence leaving said north line, S 07°09'44" W - 146.73 feet; thence S 07°04'28" W - 239.79 feet; thence S 43038'11" E - 173.18 feet; thence S 05023'40" W - 26.49 feet; thence N 43038'11" W - 190.57 feet; thence S 86°04'45" W - 26.00 feet; thence S 86°04'45" W - 95.70 feet to the east line of U.S. Highway 71; thence along said east line, N 01°5F23" E - 25.02 feet; thence leaving said east line, N 8600 F36" E-111.49 feet; thence N 07004'28" E - 232.21 feet; thence N 07009'44" E - 126.77 feet; thence N 07°09'44" E - 67.63 feet; thence N 07°09'44" E - 21.85 feet; thence N 36°40'06" E - 67.22 feet; thence S 26039'57" E - 27.98 feet; thence S 36040'06" W - 48.08 feet; thence S 07009'44" W - 62.92 feet; to the Point of Beginning (POB), containing 19,452 sq. ft., or 0.45 acres. TEMPORARY CONSTRUCTION EASEMENT (TCE): Temporary construction easements (TCE) across the said parcel, as shown on the attached Exhibit Map. The said TCE is intended to extend to, and terminate at, the Grantor's property lines where shown. Together with the right of ingress and egress across adjacent lands for the purpose of laying, repairing, inspecting, maintaining, removing, or replacing, said sewer line(s) and the right of exercising all other rights necessary to carry out the purposes for which this Easement is created. This temporary construction easement as conditioned above, shall terminate when the hereinabove referenced project has been completed by the contractor. It is expressly understood that the above temporary construction easement shall exclude any permanent structure presently located within said temporary construction easement area. TO HAVE AND TO HOLD the above described easement and rights unto said Grantee, its successors and assigns, forever or until said easement is abandoned. And Grantor(s) agree(s) to warrant and forever defend all and singular the above described easement and rights unto said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or seek to claim the same or any part thereof. This Easement is declared to and does inure to the benefit of the public generally, and shall be binding upon the successors in title to the lands herein described or any other part thereof, their mortgagees, lessees, heirs, administrators, executors, successors, and assigns. IN WITNESS WHEREOF, the Grantor(s) hereunto set their hands and seals, this day of - Qii— , 2022. ATTEST- CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation I UoiiekrJarrdan. M K I, f /��i ••.!� rig rFVJ r , , !lit ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a du l commissioned and acting Notary Public within and for said County and State, personally appeared Lioneldy.Iordan and Kara Parton 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, respectively, of the City of Fayetteville, Arkansas? a Municipal Corporation, and are dul 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 mentioned and set forth. WITNESS my hand and seal on this day of ! ee-eyu , 2022. MY COMMISSION EXPIRES: n ZO 2 ry Public Exhibit "A" As described in Deed Book 2009-35547 of records of Washington County, Arkansas: A part of the NW 1/4 of the SW 1/4 of Section 33, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: from the Southwest corner of said Section 33, thence along the West line of said Section 33, North 3 degrees 00 minutes 52 seconds East 1314.91 feet to the SW corner of said NW 1/4 of the SW 1/4, thence along the South line of said NW 1/4 of the SW 1/4, South 87 degrees 05 minutes 37 seconds East 859.46 feet to the point of beginning, thence North 25 degrees 26 minutes 21 seconds East 88.92 feet, thence North 70 degrees 26 minutes 21 seconds East 56.57 feet, thence North 25 degrees 26 minutes 21 seconds East 756.75 feet, thence North 15 degrees 09 minutes 32 seconds East 157.01 feet to a point on the West right of way line U.S. Highway 71; thence along said West right of way line South 4 degrees 35 minutes 50 seconds West 487.71 feet, thence continuing along said West line North 85 degrees 24 minutes 10 seconds West 10.00 feet; thence continuing along said West line South 4 degrees 35 minutes 50 seconds West 469. 17 feet to a point on the South line of the NW 1/4 of the SW 1/4 of said Section 33, thence along said South line North 87 degrees 05 minutes 37 seconds West 371.44 feet to the point of beginning, containing 3.42 acres, more or less. AND As described in Deed Book 92-2800 of records of Washington County, Arkansas: Part of the Southwest Quarter (SW 1/4) Southwest Quarter (SW 1/4) of Section Thirty-three (33), Township Sixteen (16) North, Range Thirty (30) West, described as follows: Beginning at a point which is fifty- seven and two -tenths (57.2) feet West of the Northeast corner of the said forty (40) acre tract, which is forty (40) feet West of the center line of U.S. Highway 71, and running thence South two (2) degrees 30' West with the West line of the said Highway One hundred and twenty-five (125) feet; thence West six hundred sixty-seven and eight -tenths (667.8) feet to the East line of the right-of-way of the St. Louis & San Francisco Railroad; thence North 10 degrees 15' West with the East line of the said right-of-way one hundred twenty- seven and three -tenths (127.3) feet to the North line of said forty (40) acre tract; thence East six hundred and ninety-six (696) feet to the place of beginning. AND As described in Deed Book 92-7956 of records of Washington County, Arkansas: The North 70 feet of a tract described as part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 33, Township 16 North, Range 30 West, and more particularly described as beginning at a point where the North line of said 40 acre tract intersects the centerline of the concrete slab of U.S. Highway No. 71, and running thence S 02' 24" W with the center -line of the Highway slab 7.75 chains for a beginning point, which beginning point is the South line of the gravel road known as the Belleview Road, thence West along the South line of said road 200 feet, thence N 02' 24 ' E 261 feet, thence East 200 feet to the centerline of the concrete slab of U.S. Highway No. 71, thence South along the centerline of said Highway slab 261 feet to the place of beginning: thence East 50 feet of said tract being embraced in the said Highway 71 and being subject to the right of way therefor. AND As described in Deed Book 92-57456 of records of Washington County, Arkansas: Part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 33, in Township 16 North of Range 30 West, as described as follows, to -wit: Beginning at a point where the North line of said forty acre tract intersects the center line of the concrete slab of U. S. Highway No. 71, and running thence South 2 degrees, 24' West with the center line of said Highway slab 7.75 chains (511.5 feet) for a beginning point, which beginning point is the South line of the gravel road known as the Bellview Road, thence West along the South side of said road 200 feet, thence North 191 feet, thence East 200 feet to the center line of the concrete slab of U.S. Highway No. 71, thence South along the center line of said Highway 191 feet to the place of beginning, located in the City or Town of Greenland, County of Washington, and State of Arkansas. AND As described in Deed Book 92-7955 of records of Washington County, Arkansas: Part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 33, Township 16 North Range 30 West of the Fifth Principal Meridian, more particularly described as follows, to -wit: Beginning at a point where the North line of said forty acre tract intersects the centerline of the concrete slab of U.S. Highway No. 71, and running thence S 02' 24' W with the centerline of said Highway slab 250.5 feet, thence West 200 feet for a point of beginning of the lands hereby conveyed; thence South 140 feet; thence West 175 feet; thence North 140 feet; thence East 175 feet to the point of beginning. AND As described in Deed Book 92-32137 of records of Washington County, Arkansas: Part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section Thirty Three (33), Township Sixteen (16) North, Range Thirty (30) West, of the 5th Principal Meridian, more particularly described as follows, to -wit: Beginning at a point where the North line of said forty acre tract intersects the centerline of the concrete slab of U.S. Highway No. 71, and running thence South 2° 24' West with the centerline of said highway slab 7.75 chains; thence West 200 feet for a beginning point of the lands hereby conveyed; thence North 121 feet; thence West 175 feet; thence South 121 feet; thence East 175 feet to the place of beginning, less 30 feet of equal and uniform width off the South side for road right of way. AND As described in Deed Book 15-666/668 of records of Washington County, Arkansas: Part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 16 North, Range 30 West, being more particularly described as follows, to -wit: Beginning at a point on the West line of U.S. Highway 71, which point is 811.9 feet North of the South line of said 40 acre tract, for a beginning point to the lands herein being conveyed; thence West approximately 200 feet; thence South 150 feet; thence West approximately 100 feet; thence South approximately 255.9 feet; thence East 150 feet; thence North 100 feet; thence East 23 feet; thence North 83 feet; thence in a Northeasterly direction 62 feet to a point which is 66 feet West of the West line of said Highway; thence East 66 feet to the West line of said Highway; thence North 185.9 feet to the place of beginning. N360 40' 06"E-67.22' 5260 39'57"E-22.38' N36° 40' 06"E-82.53' A�j S260 39' 57"E-27.98' TCE 2FT 2187 SQ. FT. 0.05 AC. N07° 09'44"E-37.12' / \ I PN:765-15531-001 N070 09' 44"E-31.85' \ i DEED 2009-35547 \ S36° 40' 06"W-48.08' _ N82° 50' 16"W-20.00' N070 09' 44"E-57.63'_F \/ S070 09' 44"W-62.92' S83° 24' 30"E-20 00N871 06' 20"W-195 0 50 100 SCALE 1" = 100' ui 18 N07° 09' 44"E-20.09' n POB \ PN: 775-17985-000 NE CORNER N070 09' 44"E-126.77' I DEED 92-2800 SWl/a, f SWY4 N07° 09' 44"E-106.50'J \ SECTION 33 z \I T-16-N, R-30-W TCE 29B \ I� 9073 SQ. FT. I 0.21 AC. Lo PN:775-17968-000 sw-sw TRACT 29 JUDGEMENT 92CI -475 � � � 33-16-30 h (116-895/117- 60) CITY OF \ FAYETTEVILLE I r\ N07° 04' 28"E-215.75'_ \ 0) \ �N N070 04' 28"E-232.21' \ o fN M M PN 775-17977-000 PN: 775-179 9 000 LLr)n o DEED 92-79 6 "' EED 92-7955 I ° 7' o N860 13' 49"E 92.94' o ESMT 29 `1l U y 19452 SQ. FT. Lu w N860 01' 36"E-111.49' f- 0.45 AC. z p a w N01° 51' 23"E-20.44' J ) PN: 775-17980-000 I a IDEED 92-57456 N01° 51' 23"E-25.02' DEED FAO z S860 04' 45"W-95.70' R/W S860 04' 45"W-26.00' FAO\ \\11 ° PN: 775-17976- 00 ~ DEED 92-32 37 G BAILEY DRIVE°,8 r1�\ \1�� w R/W U) L(UNDEVELOPED) 1\ �\ \ \\10 w G 72 19\ w � O > IFS\sue \\ G) PN: 775-17965-000 40"W-26.49' o DEED 115-666/668 a 6 m � TCE 29C SOS° 23' 40"W-26.49' _ 4151 SQ. FT. ly 0.10 AC. 2 r 3 L E G E N D 775-17965-000 TAX PARCEL NUMBER =� PROPOSED RIGHT-OF-WAY ° 15 668 DEED RECORD 77��� PROPOSED UTILITY EASEMENT g C----- TE_� w — — EXISTING PROPERTY LINE F—T E— _ PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) IANAGER' N By TW IT MCCLELLAND BATE R s SEWER IMPROVEMENTS mCECONSULTING 11.11.22 z EXHIBIT "A" GREENLAND, AR ENGINEERS, INC. PT AS NOTED 21-2120 eR. MAP TRACT 29 1580 E. STEARNS ST. ` CITY OF FAYETTEVILLE, AR FAYETTEVILLE, AR 72703 # F X, — 1 (479)443-2377