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Home My WebLink About05-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 5-25 File Number: 2024-01094 ARKANSAS DEPARTMENT OF TRANSPORTATION (LAND DONATION): A RESOLUTION TO AUTHORIZE MAYOR RAWN TO CONVEY 0.08 ACRES OF RIGHT-OF-WAY TO THE ARKANSAS STATE HIGHWAY COMMISSION FOR USE ON THE HIGHWAY 412 SPRINGDALE BYPASS PROJECT WHEREAS, ARDOT is planning improvements along Highway 112 from Highway 412 north to Interstate 612; and WHEREAS, the improvements will affect a tract of land owned by Fayetteville associated with the City's upcoming West Transmission Waterline project; and WHERAS, the dedication of this right-of-way will be accompanied by ARDOT installation of concrete curb cut, drive aprons, and fence gates, which will allow for better access to the City's land. 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 Rawn to convey 0.08 acres of right-of-way to the Arkansas State Highway Commission for use on the Highway 412 Springdale Bypass Project and further authorizes Mayor Rawn to sign all documents related to said dedication. PASSED and APPROVED on January 7, 2025 Approved: E-SIGNED by Molly Rawn on 2025-01-14 21.49.19 GMT Molly Rawn, Mayor Attest: O�VKIT RF��/�i ,N�G•*\TYO d'�/� E-SIGNED by Kara Paxton : G '�'GPP% on 2025-01-14 23:17:20 GNP': FAYETTEVILLE- Kara Paxton' City Clerk Treasurer % �: %��-7,p ;KANSP5.o'�� i�1/ 11 p' Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 7, 2025 CITY COUNCIL MEMO 2024-01094 TO: Mayor Rawn and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director SUBJECT: ARDOT - Dedication of Right of Way on Highway 112 for the Highway 412 Springdale Bypass project (012305) RECOMMENDATION: Staff recommends the City Council approve the dedication of approximately 0.08 acres of right of way to the Arkansas Department of Transportation for use on the Highway 412 Springdale Bypass project and authorize the Mayor to sign all documents related to said dedication. BACKGROUND: ARDOT is planning improvements along Highway 112 from Highway 412 north to Interstate 612. These improvements are entirely outside the City of Fayetteville City Limits and outside our Water Service Boundary. However, the tract of land (Identified by ARDOT as Tract 58) is a parcel owned by Fayetteville for use with our upcoming West Transmission Waterline project. On this property a cathodic protection facility will be constructed to protect our future pipeline. The requested right of way dedication by ARDOT will allow for roadway widening. Fayetteville needs access drives and gates at this property for future use, as none exist today. Negotiations have been made with ARDOT such that dedication of this right of way will be accompanied by ARDOT installation of concrete curb cut, drive aprons, and fence gates. DISCUSSION: The water/sewer division supports this request as it will allow ARDOT the room they need for their widening efforts and will provide access upgrades to the City property. BUDGET/STAFF IMPACT: No impacts. ATTACHMENTS: SRF (#3) , Agreement for Donation of Real Estate (#4), Temporary Construction Easement Donation (#5), Map of Area (#6) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-01094 ARDOT - Dedication of Right of Way on Highway 112 for the Highway 412 Springdale Bypass project (012305) A RESOLUTION TO AUTHORIZE MAYOR RAWN TO CONVEY 0.08 ACRES OF RIGHT-OF- WAY TO THE ARKANSAS STATE HIGHWAY COMMISSION FOR USE ON THE HIGHWAY 412 SPRINGDALE BYPASS PROJECT WHEREAS, ARDOT is planning improvements along Highway 112 from Highway 412 north to Interstate 612; and WHEREAS, the improvements will affect a tract of land owned by Fayetteville associated with the City's upcoming West Transmission Waterline project; and WHERAS, the dedication of this right-of-way will be accompanied by ARDOT installation of concrete curb cut, drive aprons, and fence gates, which will allow for better access to the City's land. 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 Rawn to convey 0.08 acres of right-of-way to the Arkansas State Highway Commission for use on the Highway 412 Springdale Bypass Project and further authorizes Mayor Rawn to sign all documents related to said dedication. Page 1 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2024-1094 Item ID 1/7/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/17/2024 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends the City Council approve the dedication of approximately 0.08 acres of right of way to the Arkansas Department of Transportation for use on the Highway 412 Springdale Bypass project and authorize the Mayor to sign all documents related to said dedication. Budget Impact: N/A N/A Account Number Fund N/A N/A Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Previous Ordinance or Resolution # Approval Date: JOB NAME: HWY. 412 — SPRINGDALE BYPASS (S) JOB NO. 012305 TRACT NO. 58 AGREEMENT FOR DONATION REAL ESTATE FOR HIGHWAY PURPOSES Grantor: City of Fayetteville Address: 113 W. Mountain Street, Fayetteville, AR 72701 Grantee: Arkansas State Highway Commission IN CONSIDERATION of the benefits that will inure to the Grantor(s) and the public, the undersigned does hereby agree, without any remuneration or monetary consideration, to donate to the Arkansas State Highway Commission, Grantee, and unto it successors and assigns, upon the terms and conditions hereinafter set forth, the following lands situated in the County of Clark, State of Arkansas, to -wit: LEGAL DESCRIPTION Part of the Northeast Quarter of the Northeast Quarter of Section 36 in Township 18 North, Range 31 West, Washington County, Arkansas, more particularly described as follows: Commencing at a 10 inch x 4 inch limestone being used as the Northeast corner of said Section 36; thence South 03°07'27" West along the East line of said Section 36 a distance of 798.77 feet to a point; thence North 86°37'46" West a distance of 909.62 feet to a point on the Northeasterly right of way of Arkansas State Highway 112 (N. Maestri Road) as established by ARDOT Job 012305 for the POINT OF BEGINNING; thence South 03°20'51" East along said right of way line a distance of 51.26 feet to a point; thence North 86°53'59" West a distance of 67.62 feet to a point on the Northeasterly right of way of Arkansas State Highway 112 (N. Maestri Road) as described on a warranty deed filed October 17, 1986 at Book 1198, Page 266 and shown on a survey dated September 14, 1986 filed 076518; thence North 06°31'18" West along said right of way line a distance of 52.00 feet to a point; thence South 86°37'46" East a distance of 70.56 feet to the POINT OF BEGINNING and containing 0.08 acres (3,529 square feet) more or less, as shown on plans referenced as ARDOT Job 012305. CTA/fls 11 /03/22 In Accordance with Public Law 91-646 as Amended by Public Law 100-17, Title III, Section 301, et seq. of the Uniform Relocation Assistance and Real Property Acquisition Policies Act, the Grantor/s is/are entitled to receive an appraisal to establish the value of the lands donated as well as just compensation for such donation. Grantor/s does/do hereby waive receipt of the authorized appraisal of the (lands) donated and do hereby waive all of her/his/their right/s to any compensation or monetary remuneration for the property described herein. Closing costs will not accrue to the Grantor(s) as the Grantee's Attorney will prepare the necessary documents for closing and the Grantee will pay the cost of recording all instruments conveying title to the Arkansas State Highway Commission. WITNESS our hands on this 7 day of January 2025. CITY OF FAYETTEVILLE, ARKANSAS A Municipal Corporation [SEAL] E-SIGNED by Molly Rawn By on 2025-01-14 21:49:21 GMT Molly A. Rawn, Mayor I ATTEST:o K T RF��ii E-SIGNED by Kara Paxton on 2025-01-14 23:17:29 GMT= FAYETTEVILLE•= Kara Paxton, City Clerk Treas kaNs.b iriiioi4' ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF 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 Molly A. Rawn 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, respectively, 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 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 iq day of (��U P�r, , this 2025. MY COMMISSION EXPIRES: 11211;033 Notary blic pNDR��i, F 11DR ,01ARy`�A••. Z _ p N ,__•U . ~•ham 4-21' - RZ JOB: 012305 TRACT: 58E - 1 DONATION TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS: IN CONSIDERATION of the mutual benefits inuring to the City of Fayetteville, Grantor, and the Arkansas State Highway Commission, Grantee, do hereby give and grant to the Arkansas State Highway Commission, an exclusive temporary easement for construction purposes, together with free ingress and egress, to, across, through and over the lands shown on the Right of Way Plans for Job No. 012305, and designated as Tract 58E — 1 situated in the County of Washington, State of Arkansas. TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission and to its successors and assigns for and during the term aforesaid and for the purposes hereinabove set forth. THIS temporary easement as conditioned above shall terminate when the above subject job has been completed by the contractor and accepted by the Arkansas State Highway Commission. IN ACCORDANCE with Public Law 91-646, Uniform Relocation Assistance and Real Property Acquisition Policies Act, the Grantor has the right to receive just compensation for the subject property. Also, the Grantor is entitled to an appraisal of the subject property. Execution of this agreement will release the Arkansas State Highway Commission from the obligation of providing just compensation and an appraisal. WITNESS my signature of this 7 day of January , 2025. CITY OF FAYETTEVILLE, ARKANSAS A Municipal Corporation E-SIGNED by Molly Rawn on 2025-01-14 21.49.24 GMT Molly A. Rawn, Mayor ATTEST: �•�G�� K E-SIGNED by Kara Paxton on 2025-01-14 23.18.28 GMT =FAYETfEVILLE[SEAL] Kara Paxton, City Clerk Treasury 9s ..KANSP.• ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF 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 Molly A. Rawn 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, respectively, 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 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 14 day of 2025. MY COMMISSION EXPIRES: NotaryTublic N D ti ...... �i �•` C � �S�pN �I� •. �•� NoTAF? �•O . cn— •rn 4-21 cou ti TR 058 Area to Acquire as shown in Legal Description Note: Map not to Scale ROW Plan area,see plan sheet 35 v3__ - - -- k ICY Mur I J]rJ sp p IWtM A'ti ! C/I C sowLeonard SbU Chandler Trust S1E4) Jason Thomas TLE. $7 O0 a t -%1- 1176 Act AES.--Ai Ar. a s�` •-z� LNE llIfESTCW£ Ayxe SECCUR. O M .a ` ,Q� SEC PS�i6/R3aw DOWW Yi441r `AMM HWY.412 - SPRINGDALE BYPASS (S) Construction Plan area +I +I Pa.1020.0 d' 1 I 200 STA.198+95 CONSTRUCT TYPE 3 41 - MHEELCNAIR RAMP LT.= 5.0 SO.YOS. ` - - i i STA. 199461C:ONSTRUCT TYPE 3 VD WHEELCHAIR RAMP LT.,= 5.0 SO. YOS. l W P.T.14.69.T7 _1= -p" EXIST R/W .BO R' . - -- -- - --�----- r� II - -', N'-.T_L1M-5.--1---l-- --- --- ---------� r, I < F lu T R, - ' _ PROP. 0 C/A 6 FMCE STA. 202+17 CONSTRUCT r ♦ I - e 1�8 T R JUNC. BOX IN MED. AT.14 = 6'-8" 2,' x 76' RC. PPE CULVERT ' _ ♦� V a n ccc�� o 5' FAQ `�`� (CLASS IIRTYPE 3 BEDOYIG) TO 0.L STA, 707i1T RT. TYPE E .AMMON BOX - 4'X4'- - � STA.199+27.29 � HWY. 112 - - TR 5�[. STA.15+35.71 BARRINGTON RD. STA.202+IT CONSTRUCT Z� A = 90.00'00" DROP l4LET RT. H = 6'�I- W/ 2 4'EXTENSIONS 24- X 42' R-C PPE CULVERT OUTLET STA-1984.00 - CONSTRUCT (CLASS IDITYPE 3 BEDOPIG) STA, 2034+I0 CONSTRUCT G.L. ROY.112 APPROACH ON RT. - 'SS CU, YDS. W/ FES AT STA. M4-50 RT. OROP INLET n WE). RT. H - 3-3"PI = 1964".68 TYPE MO ORDP INLET = 4' OIA. W/ 4' ExTENSION A = 07'43'34" RT. TYPE C DROP INLET - 4' X 4' 22' X 14" X 66• ARCH PIPE CULVERT O = 6'00100• —. � TO U-L STA- 203400 14 MEO. RT. 2-28-13 Page 3 of 3