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
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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
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PN:775-17968-000
sw-sw
TRACT 29 JUDGEMENT 92CI -475
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33-16-30 h (116-895/117- 60)
CITY OF \
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PN 775-17977-000 PN: 775-179 9 000 LLr)n
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N01° 51' 23"E-25.02' DEED
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R/W S860 04' 45"W-26.00' FAO\ \\11
° PN: 775-17976- 00
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_ 4151 SQ. FT.
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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