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RES NO 04-05-2020 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. q - S -2020 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT IN FAVOR OF OKLAHOMA GAS AND ELECTRIC COMPANY. WHEREAS, the improvements to the new location for the Center for Arts and Education requires electric lines to be moved from their current location; and WHEREAS, the Center of Arts and Education and Oklahoma Gas and Electric Company have worked together in the design of the construction to determine the best placement of the lines; and WHEREAS, the City desires to facilitate the improvements to the Center for Arts and Education in light of the benefits to the citizens of the City of Van Buren and, therefore, believes it is appropriate to allow the use of the property of the City of Van Buren for the relocation of electric lines. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Mayor is hereby authorized to execute the attached easement to the Oklahoma Gas and Electric Company for the installation of electric lines on city property located on Lots 9 & 10 of Block 18 of the Original Town of Van Buren. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,approve,and adopt,by a vote of (s for and 0 against,the foregoing Resolution at its regular meeting held on the 27th day of April 2020. Joseph '. H 't ayo ATTESTED: • :Q ST' • S TO FORM: *A1,1&;,24tinac2Y piviiis Thomas Candice Settle City Clerk/Treasurer City Attorney THIS INSTRUMENT WAS PREPARED BY LAND MANAGEMENT AFTER RECORDING RETURN TO SAME @: OG&E ELECTRIC SERVICES ATTN: RIGHT OF WAY DEPT. - M/C AF90 7200 HIGHWAY 45 FORT SMITH, ARKANSAS 72916 EASEMENT Work Order# 7387093 KNOW ALL MEN BY THESE PRESENTS: THAT, CITY OF VAN BUREN, ARKANSAS, Grantor, in consideration of the sum of Ten or more dollars in hand paid, the receipt of which is hereby acknowledged, and other good and valuable consideration, doES hereby grant and convey unto OKLAHOMA GAS AND ELECTRIC COMPANY, an Oklahoma corporation, Grantee, its successors and assigns, the right, privilege and authority to enter upon and install, erect, operate, maintain and reconstruct underground system of conduits, wires, cables, vaults,junction boxes, switches, fuses, transformers, service connection boxes and other fixtures for the transmission and distribution of electrical current and communication messages, including the right of ingress and egress to and from said system across adjoining lands of Grantor, together with the authority to cut down, control the growth of, or trim and keep trimmed any trees that may in the judgment of the Grantee interfere with or endanger said line or its maintenance and operation. The real property covered by this easement is situated in Crawford County, State of Arkansas, and is described as follows: A FIFTEEN (15') Foot wide STRIP lying in Lots 9 AND 10, Block 18 of the Original Town of Van Buren, AR. Being more particularly described as follows: Commencing at the Southerly most corner of Lot 10; Thence North 40 degrees 06 minutes 17 seconds West 25 Feet to the POINT OF BEGINNING; Thence North 49 degrees 53 minutes 43 seconds East 66 Feet; Thence North 40 degrees 06 minutes 17 seconds West 15 Feet; Thence South 49 degrees 53 minutes 43 seconds West 66 Feet; Thence South 40 degrees 06 minutes 17 seconds East 15 Feet to the POINT OF ENDING. ALSO: A TEN (10) Foot wide STRIP lying in Lot 10 Block 18 Original Town of Van Buren, AR. Being more particularly described as follows: Commencing at the Southerly most corner of Lot 10; Thence North 49 degrees 53 minutes 43 seconds East 20 Feet to the POINT OF BEGINNING: Thence North 40 degrees 06 minutes 17 seconds West 25 Feet; Thence North 49 degrees 53 minutes 43 seconds East 10 Feet; Thence South 40 degrees 06 minutes 17 seconds East 25 Feet; Thence South 49 degrees 53 minutes 43 seconds West 10 Feet to the POINT OF ENDING. Grantor further covenants and agrees that no building or other structure shall ever be erected nor shall any excavation or other removal of soil, so as to change the grade of terrain, be accomplished by Grantor, its heirs or assigns, within the above described easement area unless the written consent of the Grantee is first obtained. Grantor further acknowledges the requirements of Ark. Code 14-271-101 et seq. (One-call statute). Grantors hereby consent to permit Grantee to trim and keep trimmed any trees and foliage on Grantor's property immediately adjacent to the easement granted herein, and Grantee shall have the right to enter upon Grantor's property for this purpose. The rights and privileges above granted to continue so long as same are used or needed for the transmission and distribution of electric current or communication messages; but should the Grantee remove its property from the premises and abandon the right of way herein granted, then the rights granted in this easement shall terminate. Signed and delivered this day of , 2020 By: Title: ACKNOWLEDGMENT STATE OF } COUNTY OF } On this day before me, the undersigned, a Notary Public duly commissioned, qualified, and acting within and for said County and State, appeared in person the within named , to me personally well known, who stated that he/she was the OF CITY OF VAN BUREN, ARKANSAS, and was duly authorized in his/her capacity to execute the annexed and foregoing instrument for and in the name and behalf of said entity, and further stated and acknowledged that he/she had so signed, executed, and delivered said foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of, 2020. My Commission Expires: Notary Public Draft No. ) R/W File No. 7387093 Form R-469 D (Rev 5/2018) UG C1..DOT Atlas Sheet No. 11•1011MMINI.32111MMO t' %Jill t, tn L. 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' 3 111.11111141.44 ••••••srart \ 1 , ''''.'444 I ,iitt it I . 1 0 1 mc ItlIerly. , i .................. 1 i r4 1 — ' 4 -- , i 4 a , `k ! k z • • I .-E Or I i City of Van Buren Arkansas Municipa1 Annex 111 North 12th Street • Van Buren, Arkansas 72956 VAN BUREN CITY COUNCIL MEMORANDUM TO: MAYOR JOE HURST AND CITY COUNCIL FROM: WALLY BAILEY, PLANNING DIRECTOR SUBJECT: OG&E EASEMENT ON CITY PROPERTY TO FACILITATE THE CENTER FOR ARTS AND EDUCATION PROJECT AT 415 MAIN STREET DATE: APRIL 20, 2020 The $5.8 million Center for Arts and Education(CAE)project at 415 Main Street is next to the City's property that includes the King Opera House and the land that is behind the King Opera House. To facilitate the project there are significant utility improvements that are necessary to improve service,the placement of overhead utilities underground and generally provide betterment to the project. Oklahoma Gas & Electric Company needs to install new underground electric lines which will require an easement across the City owned lots 9& 10 of Block 18 of the Original Town of Van Buren. The installation of the electric lines and the accompanying easement will not only facilitate the improvements to the CAE project but will also provide a benefit to the citizens of Van Buren. The proposed resolution will provide the easement for the new underground electric lines. Please let me know if you have any questions.