RES NO 04-06-2020 CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. - -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 ARKANSAS
OKLAHOMA GAS CORPORATION.
WHEREAS, the improvements to new location for the Center for Arts and Education
requires gas lines to be moved from their current location; and
WHEREAS, the Center of Arts and Education and Arkansas Oklahoma Gas 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 gas 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 in favor
of Arkansas Oklahoma Gas Corporation for the installation of a pipeline
for the transportation of natural gas 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 (ofor and U against,the foregoing Resolution at its regular
meeting held on the 27th day of April 2020.
Jose . H rst
Mayor
ATTESTED: AP la,A,. TO FORM:
4Ph llis Thomas Candice A. Settle
City Clerk/Treasurer City Attorney
{
Project Name:CENTER FOR ART AND EDUCATION
Project#:2018062
Date:March 13,2020
GAS UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That City of Van Buren, GRANTOR(S), for and in consideration by the Arkansas Oklahoma Gas
Corporation hereinafter called GRANTEE, the receipt of which is hereby acknowledged, do
hereby grant, bargain, sell, and convey to said GRANTEE, it's contractors and assigns, a
permanent easement for the construction operation and maintenance of public(GRANTEE owned)
gas utilities with all appurtenances thereto, together with the right to remove trees, brushes,
undergrowth or other obstructions interfering with construction,operation and maintenance of said
gas utilities over, under and upon the following lands situated in Van Buren, Crawford County,
Arkansas,to wit:
The Southeast 15.00'of Lots 9 & 10 of Block 18 of the Original Town of
Van Buren, Crawford County,Arkansas, containing 990 square feet or
0.02 acre more or less.
See Exhibit A attached hereto and hereby made a part of the instrument, with rights of ingress and
egress to and from the same,
To have and to hold said easement unto GRANTEES forever.
GRANTORS shall have the right to use the surface of the property above described as long as
GRANTORS wish, provided, that GRANTORS shall not interfere with the use thereof by
GRANTEES, and further, GRANTORS shall not erect a permanent building or other structure
within said Easement, and further, GRANTORS shall provide gates acceptable to GRANTEES if
said Easement is fenced.
After completion of construction or future maintenance, Grantees shall restore the land in this
permanent/temporary easement (whichever the case, or both) to as near its original condition as
possible, subject to both parties acting in a reasonable manner.
The consideration paid by GRANTEES is received and accepted by GRANTORS in full
satisfaction of every right hereby conveyed.
GRANTORS do hereby covenant with GRANTEES that GRANTORS are lawfully seized and
possessed of the real estate above described and that GRANTORS have a good and lawful right to
convey the same or any part thereof.
It is hereby understood that party securing this grant in behalf of GRANTEES is without authority
to make any covenant or agreement not herein expressed.
Witness our hands and seals on this day of ,2020.
ACKNOWLEDGMENT
STATE OF ARKANSAS )
SS)
County of )
On this day of , 2020, before me, a Notary Public, duly commissioned,
qualified and acting,within and for the County of ,Arkansas,appeared in
person the within named , to me personally well
known or proven to be the persons whose names appear upon the within and foregoing instrument,
and stated and acknowledged that they had executed the same for the consideration, uses and
purposes therein mentioned and set forth, and I do hereby so certify.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of
, 2020.
Notary Public
My Commission Expires:
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E N G I NEER 3, i N c. EASEMENT EXHIBIT A — CENTER FOR ART & EDUCA AON
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N Van Buren Fort Smtth Fayetteville Little Rock THE C/TY OF VAN BUREN, ARKANSAS
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ENGINEERSINC .
Engineering Client Success
March 13,2020
Mr.Wally Bailey
City of Van Buren
111 North 12'h Street
Van Buren,Arkansas 72956
Re: The Center for Art and Education
AOG Gas Une Easement Request
Van Buren,Arkansas
HWEI Job No.2018062
Dear Mr. Bailey:
On behalf of the Arkansas Oklahoma Gas Corporation (AOG)and the Center for Art and Education
(CAE),please accept this letter as a formal request for a gas line easement over Parcel No. 700-00166-000-
E. A gas line serving the surrounding properties Nes within the alley behind the Center for Art and Education
building located at 415 Main Street. Other utilities including sewer, overhead electric and telephone also lie
behind the building some within the alley limits others on private property.
As part of the improvements for the CAE addition and renovation, public utilities tying outside of the
alley that are in direct conflict with the proposed building improvements are required to be relocated. Due to
the minimum separation requirements between Witless, the AOG gas line cannot be relocated within the
existing ten-foot(10') alley;therefore, an easement is requested to be granted to AOG for the new gas line
location.
• The AOG easement and gas line location have been coordinated with the proposed CAE plans and
parking lot improvements on the parcel. The gas line relocation lies within the proposed drive of the
development and will not conflict with proposed utilities,storm sewer,parking improvements,landscaping or
hinder future development.
Sincerely,
HAWKINS-WEIR ENGINEERS, INC.
Elizabeth S.Heiies,P.E.
ESH/sih
Enclosures: Site Exhibit
Easement Document
cc: Rusty Myers
John Newman,AOG
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2018062W/B031320EH.docx
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ENGINEERS, I NC. SITE EXHIBIT — CENTER FOR ART & EDUCAliON
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THE CITY OF VAN BUREN, ARKANSAS
Van Buren Fort Smith Fayetteville Little Rock
m (479)474-1227 I (479)242-4685 I (479)455-2206 I
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N www.hawkins-weir.com DATE 02/24/2020 I SCALE: 1"-40' I JOB NO. 2018062 {
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Van Buren,Cl of Arkansas
Municipal ex
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: AOG GAS LINE 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.
Arkansas Oklahoma Gas Corporation needs to install a new gas line 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 gas line 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 gas line.
Please let me know if you have any questions.
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