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HomeMy WebLinkAboutOrdinance 5720ORDINANCE NO. 5720 AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST -SHARE AGREEMENT WITH ARKANSAS & MISSOURI RAILROAD FOR RAILROAD CROSSING SIGNAL IMPROVEMENTS AT THE DICKSON STREET CROSSING IN AN AMOUNT NOT TO EXCEED $250,000.00, AND TO AUTHORIZE AMENDMENT NO. 2 TO THE LICENSE AND AGREEMENT WITH ARKANSAS & MISSOURI RAILROAD TO FACILITATE THE CONSTRUCTION OF THE TSA LA GI, TOWN BRANCH AND CATO SPRINGS TRAILS ACROSS RAILROAD PROPERTY WHEREAS, the City and Arkansas & Missouri Railroad have enjoyed an excellent partnership in developing the City's trail system on railroad property; and WHEREAS, the expansion of the City's trail system will require new trails to cross additional property owned by Arkansas & Missouri Railroad, and the railroad has agreed to grant a perpetual license to the City for these crossings at no cost; and WHEREAS, the City of Fayetteville and Arkansas & Missouri Railroad also seek to improve the safety of the railroad crossing at Dickson Street by installing gate arms for the sidewalks and roadway and the City agrees that sharing in the cost of these safety improvements is beneficial to Fayetteville residents and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby finds that such circumstances constitute an exceptional situation where competitive bidding is not feasible or practical, and therefore waives the requirements of formal competitive bidding and authorizes the Mayor to sign a cost -share agreement with Arkansas & Missouri Railroad for railroad crossing signal upgrades at the Dickson Street crossing in an amount not to exceed $250,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to sign Amendment No. 2 to the License and Agreement with Arkansas & Missouri Page 2 Ordinance No. 5720 Railroad to facilitate the construction of the Tsa La Gi, Town Branch and Cato Springs Trails across railroad property. PASSED and APPROVED this 6fl'day of November, 2014. BRANSON, Deputy City Clerk J�J�rrrl 11 l i N � 11l>>�� City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville. AR 72701 479-575-8323 TDD - 11 479-521-1318 Text File File Number: 2014-0445 Agenda Date: 11/6/2014 Version: 1 Status: Passed In Control: City Council File Type: Ordinance Agenda Number: C. 5 AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST -SHARE AGREEMENT WITH ARKANSAS & MISSOURI RAILROAD FOR RAILROAD CROSSING SIGNAL IMPROVEMENTS AT THE DICKSON STREET CROSSING IN AN AMOUNT NOT TO EXCEED $250,000.00, AND TO AUTHORIZE AMENDMENT NO. 2 TO THE LICENSE AND AGREEMENT WITH ARKANSAS & MISSOURI RAILROAD TO FACILITATE THE CONSTRUCTION OF THE TSA LA GI, TOWN BRANCH AND CATO SPRINGS TRAILS ACROSS RAILROAD PROPERTY WHEREAS, the City and Arkansas & Missouri Railroad have enjoyed an excellent partnership in developing the City's trail system on railroad property; and WHEREAS, the expansion of the City's trail system will require new trails to cross additional property owned by Arkansas & Missouri Railroad, and the railroad has agreed to grant a perpetual license to the City for these crossings at no cost; and WHEREAS, the City of Fayetteville and Arkansas & Missouri Railroad also seek to improve the safety of the railroad crossing at Dickson Street by installing gate arms for the sidewalks and roadway and the City agrees that sharing in the cost of these safety improvements is beneficial to Fayetteville residents and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby finds that such circumstances constitute an exceptional situation where competitive bidding is not feasible or practical, and therefore waives the requirements of formal competitive bidding and authorizes the Mayor to sign a cost -share agreement with Arkansas & Missouri Railroad for railroad crossing signal upgrades at the Dickson Street crossing in an amount not to exceed $250,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to sign Amendment No. 2 to the License and Agreement with Arkansas & Missouri Railroad to facilitate the construction of the Tsa La Gi, Town Branch and Cato Springs Trails across railroad property. City of Fayetteville, Arkansas Page 1 Printed on 111712014 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2014-0445 Legistar File ID November, 6th 2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/18/2014 Submitted Date Action Recommendation: Engineering / Development Services Department Division / Department Approval of a cost share agreement with the Arkansas & Missouri Railroad Co. (AMRR) for railroad crossing signal upgrades at Dickson Street in the amount not to exceed $250,000.00 and approval of an amendment to the 2008 License and Agreement between the City of Fayetteville and the AMRR to include additional exhibits H, J & K and enable the construction of the Tsa La Gi, Town Branch and Cato Springs Trails across property owned by the AMRR. Account Number 02116 Project Number Budgeted Item? Yes Budget Impact: Sales Tax Capital Impts. Fund Street ROW/Intersection/Cost Sharing Project Title Current Budget $ 532,293.00 Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Previous Ordinance or Resolution a 208-13 Original Contract Number: Comments: $ 532,293.00 $ 250,000.00 $ 282,293.00 V20140710 Approval Date: Ui � 4 CITY OF ay le ARKANSAS MEETING OF NOVEMBER 6T" 2014 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: October 17th, 2014 SUBJECT: Dickson Street Railroad Signalization Cost Share and Amendment RECOMMENDATION: Approval of a cost share agreement with the Arkansas & Missouri Railroad Co. (AMRR) for railroad crossing signal upgrades at Dickson Street in the amount not to exceed $250,000.00 and approval of an amendment to the 2008 License and Agreement between the City of Fayetteville and the AMRR to include additional exhibits H, J & K and enable the construction of the Tsa La Gi, Town Branch and Cato Springs Trails across property owned by the AMRR. BACKGROUND: On July, 15th 2008 the City of Fayetteville entered into a License and Agreement with the AMRR to enable the construction of sections of Scull Creek Trail and Frisco Trail along the railroad. As we continue to expand the trail system there are four additional areas that were not included in the original License and Agreement and are now necessary to construct a trail across property owned by the AMRR. On October 15th of 2013 the City Council approved resolution no. 208-13 expressing the intent of the City of Fayetteville to enter into a cost -share agreement with the AMRR for crossing safety improvements at the Dickson Street railroad crossing, contingent upon approval by the AMRR of Amendment No. 1 to the 2008 trail license agreement and not unreasonably withholding assent to future trail easements for the City. Following the approval of resolution No. 208-13, the AMRR granted Amendment No. 1 which allowed for the completion of the Tsa La Gi Trail from Government to Hill Avenues. There are three additional locations where trails are planned to cross property owned by the AMRR and these areas are included in the attached Amendment 2 of the License and Agreement and shown as Exhibits H, J & K. These areas are along the Town Branch, Cato Springs and Tsa La Gi Trails. Acquisition of these areas will provide all of the easements on Railroad property necessary to complete the current Master Trail Plan. DISCUSSION: Due to several accidents and the high number of pedestrians crossing the railroad tracks at the Dickson Street railroad crossing, the AMRR has requested the City enter into a 50/50 cost share Mailing Address: 113 W. Mountain Street www.fayetteville-argov Fayetteville, AR 72701 to upgrade the crossing signals to current standards including gate arms for both the sidewalks and roadway. The City and AMRR have enjoyed an excellent partnership in developing the trail system on railroad property. In the spirit of this partnership, the proposed cost share will improve public safety at Dickson Street. Although, the value of the easements in Amendment No. 2 is less than the expense of the cost share, the value of the public safety improvement at this busy intersection is a strong factor in the staff recommendation to participate in the cost share. BUDGET/STAFF IMPACT: The estimated cost for the crossing signal safety improvements is $561,000.13 (see exhibit B). The City's share would be a maximum of $250,000. The cost necessary to adjust the street, trail, lighting and landscape areas to accommodate the new crossing equipment will be included as contribution to the City's share of the cost and is estimated at $53,892.50 (see exhibit C). The cost share agreement requires the City to pay its share of the cost by the end of 2015. Funds are available in the Street Right of Way/Intersection/Cost Sharing project for this agreement. Attachments: Staff Review Form Cost Sharing Agreement Amendment to License and Agreement — Amendment No. 2 2008 License and Agreement Figure 1OD-4. Example of pedestrian Gate Placement with Pedestrian Gets Arm j AUDIBLE DEVICE �1 0.6 m (2 tQ* • For locating this reference line at other then curb section Installation. see Section 8DO1. ) ) | \ } ~ & cl /a/ ! / / 2 ! ■l;.. — f— ! ) ) \ ! | as } \ � / t k) ) ` - - ® - - - - - - \ ix \ cr to a �!!; — �®�: a - £!§ �.. \ }| km , p |_ m Ix �k � \00 \ t.um }2 _ ° k\/k m COST SHARING AGREEMENT This Cost haling Agreement made and entered into this LJ day of 2014 by and between The Arkansas and Missouri Railroad Company, a Virginia corporation, hereinafter referred to as "Railroad," and the City of Fayetteville, hereinafter referred to as "City." WITNESSETH: WHEREAS, Railroad owns and operates a railroad which runs through City; and WHEREAS, Railroad has a grade crossing at Dickson Street in City; and WHEREAS, Railroad desires to upgrade the signalization and warning systems at Dickson Street; and WHEREAS, the parties hereto desire to enter into a Cost Sharing Agreement pertaining to the upgrading of the crossing; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree as follows: 1. Railroad shall cause the crossing at Dickson Street to be upgraded with warning devices and signalization as more specifically set forth on the plans and specifications attached hereto as Exhibit "A," hereinafter referred to as "Signalization." Such Signalization shall be performed in a workmanlike manner and in such a marmer as to minimize the inconvenience to the public, motorists and pedestrians. However, the parties hereto acknowledge that the installation of the Signalization could result in Dickson Street being closed for through traffic at the crossing, from time to time. Railroad has the right to make changes in the existing plans as needed due to physical situations, component availability or in case of any safety concern of Railroad. The City reserves the right to review and approve the Signalization plans and any and all changes thereto and such approval shall not be unreasonably withheld. The parties hereto acknowledge that the crossing Signalization must be installed to Federal Railroad Administration standards. 2. Attached hereto as Exhibit "B" is an itemization of the estimated cost ofthe Signalization. City shall pay for its share of the Signalization an amount equal to 50% of the total cost of the Signalization, with the share to be paid by City not to exceed $250,000.00 ("City's Share"). Upon completion of the Signalization, Railroad will submit to City satisfactory evidence of its payment of the hrvoices and statements from subcontractors engaged by Railroad for the design, supplying, and installation of the Signalization, and Railroad shall submit an accounting of the actual labor, materials and expenses provided by it in the construction of the Signalization as estimated on Exhibit "B." City shall reimburse Railroad for City's Share of the total cost of such Signalization within 30 days after Railroad's submission of the total costs asset forth above or January 31, 2015, whichever is later. The City shall be entitled to count towards City's Share the City's actual cost of the improvements it will make and the trail relocation at such crossing, not to exceed the amounts set forth on Exhibit "C." 3. The parties hereto acknowledge that the installation of the Signalization will require the rerouting of the existing trail adjacent to Railroad in the proximity of where it approaches and crosses Dickson Street, and it may require the relocation of the current fencing material for the purpose of installation of the Signalization. To the extent reasonably possible, the parties hereto intend that the permanent rerouting of the trail will be limited to sixty-five (65) feet north and south of Dickson Street. Such rerouting of the existing trail and the moving of the fence, if required, will be at the expense of the City, subject to the approval of Railroad and City, which will not be unreasonably withheld. To the extent reasonably possible, the parties will strive to leave the trail open during construction; however, the parties acknowledge that it may need to be closed or detoured for safety reasons from time to time. If so, the City will erect the barriers and provide appropriate detour routes. To the extent the plans attached hereto as Exhibit "A" include the installation of planters within the Railroad right of way, the parties agree that no such planters shall be installed unless the parties hereto mutually agree on the design and cost thereof. The parties hereto further acknowledge that the installation of the Signalization will require a coordination of the traffic/ pedestrian signals at Dickson Street and West Avenue east of the Signalization. Railroad will bear the expense of causing its signals to be compatible for such coordination. The City reserves the right to review and approve on the Signalization plans and to any changes thereto and such approval shall not be unreasonably withheld. City shall bear the expense of running wire from Railroad's signal or transmitting signals from Railroad's signal to the traffic/pedestrian signal and for any rewiring of such traffic signals for reception of signals that are transmitted by hard wire and/or the expenses of any equipment required to receive signals from a wireless transmitted signal. City shall be responsible for the maintenance of its traffic/pedestrian signals at Dickson Street and West Avenue in order to insure that there is a coordination between such traffic signals and the Signalization. Nothing contained herein, however, shall release Railroad from its obligations to allow the cost itemized on Exhibit "C" to be counted as a contribution of City to the installation of the Signalization. 4. After installation, Railroad shall be responsible for the maintenance of.the Signalization, together with the crossing panels installed in or upon Dickson Sheet. 5. It is agreed that neither party hereto is relying upon any oral or written information or representations made by the other prior to the signing of this Agreement unless expressly provided herein, and that this Agreement constitutes the entire agreement between the parties and same shall not be hereafter amended or modified unless reduced to writing and signed by the parties hereto. 6. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the date first above written. THE ARKANSAS AND MISSOURI RAILROAD COMPANY By: . \ lti �.� e � c' - CITY OF FAYftTEVILLE, ARKANSAS 0 ATTEST: ity Clerk ity of Fayetteville, Arkansas Y �L. =c FAYE1-1 lF:: At ���41f�nPM��9 OEFMGCS PATa Fence to Match— FM Relocate Bench and Bike Rados Relocate Light Pole Truncated Domes MVTCD (WOO LEMON ASU IATFR) CW+PIIER D. SECTION 2AAI L 1107ONTAL OFTSI OF AT LAR P. FEI SMALL BE PAMIDED EnCAI CURB O TIE CLOSEST PART OF WE SOR OR CLI M PER A CANTILEVERED ARM nASHMO-LICK SIGH IS L'SEO, nI Curb to Remain No Guard Rail o' SIONAL 11 3• 3MAL'1 l Brick Boater No Guard Fail Curb to Remain No Guard Reil VRelocaleeo fight Pole Relocate Bend— lMoPlanAerWall Tree to Remain Curb. to Remain Dickson Street Signalization 8" Thick Colored Concrete r'Lr—" bdubitA No Planter Wall 7 White Thermplas8c o s An M< . W14 Curb to Remain Stop Bar CA°! +: Asa In ¢". avAAAmT�!l IAV lwI A :1 R]PAAY9RIa T11iA5! Arkansaas & Missouri Railroad Dote: Sept. 202013 306 E, Emma Ave E<piralion Dole: Sept. 20 2014 Springdale, AR 72764 To: City of Fayetteville ATTN: Job: Grade Crossing Warning System Upgrade at Dickson Street $36,037.84 Item if Qty Description Unit !Material $4,000.00 . 1 60 110' Cross ie's Each 2 160 � 6" Rase Tie Plate Each 3 4 ; 'Dallas ICar toads I Each 4 j 6 !Pot Welds Each i 5 20 180 Crosstie's Each 6 1 3 1 Railroad Spikes Keg 220 11411-b. Rail i Linear Foot 12 1 ' 132 High Roil Crossing 10' (rubber crossing material currently installed) (supplier invoice) 6AMRR Labor 13 300 IA&M M,O.W, Labor (tampjregvlafe/install) 14 100 ;Administration 5 _ 1 160 ;Signal Labor & Subcontractor Coordination ,Subcontractor Grade Crossing Warning System - Design, 16 1 :Equipment and Installation 17 1 fEngineering Prepared by: AMRR Approved by: Unit Price $ 70.00 $9.50 $400.00 $145.00 $68.00 $68.00 $23.00 Tax @ 9.25% ' $19,853.54 Line Total $4,200.00 $1520.00 51,600.00 $670.00 $1.360.00 $204.00 $5,060.00 $14,814.00 { $1,370.30 $19,853.54 Subtotal (material) $36,037.84 Hour $50.00. $15,000.00 Hour $40.00 $4,000.00 . Hour $50.00 $8,000.00 Subtotal (Iabor)i $27 000.00 Lump Sum $4.45,462.29 i $485,46229 Lump Sum $12,500.00 $12,500.00 Subtotal (sub -contractor); $497,962.29 T Total 5561,000.13 City Of Fayetteville Approved by: The above quote for material and services Is good for the time frame shown above, Railroad Signal International L1 5526 South 48th West Ave Tulsa, Oklahoma 74107 Phone: (918) 234-1522 fax: (918) 234-1529 www. ra i l r o a ds i o n a l l nt I. co m CUSTOMER: A & M RAILROAD PROJECT: FURNISH AND INSTALL 6X8 CONTROL CASE 4 EACH STANDARD RAILROAD GATES WITH SIDEWALK GATES ALL LED LIGHTHEADS AUTOMATIC TRAIN GATES AND TRAIN CONTROL SIGNALS PER SUBMITTED DRAWINGS REMOVE OLD SIGNALS AND EQUIPMENT TEST SYSTEM LOCATION: WEST DICKSON STREET FAYETTEVILLE, ARKANSAS RRMP 352.5 DOT667-395Y CONTROL: HXP-3R WITH SSCCI II PLUS SOLID STATE WITH BACKUP PROJECT MATERIALS S 213,204.50 FIELD CONSTRUCTION, ENGINEERING,TESTING S 272,257.79 SHIP.PINQ.EOUIPMENT, OVERHEAD, TRAVEL PROJECTED COST 5 455,462.29 PRICE DOES NOT INCLUDE TRACKWORK OF ANY KIND PRICE FOB JOB SITE. PRICE DOES NOT INCLUDE ANY TAX OF ANY KIND. THIS QUOTATION IS VALID FORA PERIOD OF 30 DAYS FROM DATE THIS QUOTATION'IS BEING PROVIDED USING ALL RSI MANUFACTURED PARTS AND SERVICES RAILROAD SIGNAL INTL. DEC 14 2012 KI) D1ib."—BU ICN -8 DATE PRESIDENT APPROVED BY: APPROVED DATE: PON CITY OF Dickson Street Slgnalizatlon • City Expenses (��T (� Cost Estimate _STP Y d b I �r October 14. 2014 11 AFIKANSAS Exhibit .,r Mh, ITEM 4 DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST 1 Demolition of Ex. Planters, Curbs and Trail 3.310 S.F. $1,50 $ 4.965.00 2 4" Concrete Trail & Sidewalk 18 C.Y. $70.00 S 1,260.00 3 6" Class 7 Base 43 Ton $7.50 $ 322.50 4 8"Thick Colored Concrete Crosswalk 8 C.Y. $300.00 $ 2,400.00 5 8" Th[ck Concrete Road Repair 15 C.Y. $250.00 $ 3,750.00 6 6'Tail Curb around Signal gases 155 L.F. $0.00 s 1,395.00 7 Truncated Domes 2 E.A. $600.00 $ 1,200.00 6 Amedstar Manta a Plus Decorative Fence 60 L.F. $65.00 $ 3.900.00 9 Relocate LI ht Poles 2 E.A. $2A00.00 $ 4.006.00 10 Traff c Signal coordination u rades at West Ave. Wireless 1 L.S- $3,200.06 $ 3,200.00 Estimated Material Only Cost $26,392.50 City Labor and Equipment Cost $55,000/month 2 Weeks $27,500.00 Total Estimated Cost $53,892.50 AMENDMENT TO LICENSE AND AGREEMENT AMENDMENT NO. 2 This Amendment No. 2, dated 2014 shall amend the original LICENSE AND AGREEMENT dated July 15, 2008 (hereafter "LICENSE AND AGREEMENT") between the ARKANSAS & MISSOURI RAILROAD COMPANY, a Virginia Corporation, whose local address is 306 East Emma, Springdale, Arkansas 72764, and the CITY OF FAYETTEVILLE, ARKANSAS, a Municipal Corporation, whose address is 113 W. Mountain St., Fayetteville Arkansas 72701 for the installation and maintenance of a multi -use trail along and across the ARKANSAS & MISSOURI RAILROAD COMPANY'S right -of way in the City of Fayetteville, County of Washington, State of Arkansas. WHEREAS, The CITY OF FAYETTEVILLE desires to extend its trail system in and along locations where the ARKANSAS & MISSOURI RAILROAD COMPANY owns and operates a railroad right of way; and WHEREAS the parties hereto already have a LICENSE AND AGREEMENT and desire to amend it to include additional locations for such trail; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto do agree as follows: The LICENSE AND AGREEMENT is hereby modified to include Exhibits H, J & K as described and attached hereto and made a part here of, said multi -use trail to be installed and maintained at the sole cost and expense of the CITY OF FAYETTEVILLE. At any point where the trail is to cross any existing tracks within the exhibited areas, it shall only pass under existing tracks and not across the top of them, except where the trail crosses the entire width of the spur track at grade as depicted in Exhibit H. The ARKANSAS & MISSOURI RAILROAD COMPANY accepts that the trail crossings of the existing tracks as shown in Exhibit H do not unreasonably interfere with the railroad operation and can be constructed with the current railroad configuration and agrees to keep the crossing free of parked train cars or other obstructions to trail activity, except on a temporary basis while parking or switching cars. Notwithstanding anything else contained herein to the contrary, when and if the trail is constructed, the trail, including the fencing material as required by the LICENSE AND AGREEMENT to separate trail users from the tracks shall be no closer to the rail than is allowed by the AREMA standards which apply. The CITY OF FAYETTEVILLE agrees that, when and if constructed, the trail will be either on the east side or west side of the tracks depicted upon Exhibit H. Accordingly, after construction the License granted herein for the other side of the trail, where it is not constructed, shall be deemed released from this License. All plans for the trail, including protection for the users of the trail, where it passes beside, along, over, or under any existing railroad tracks or existing operations, shall be subject to the approval of the ARKANSAS & MISSOURI RAILROAD COMPANY, which approval will not be unreasonably withheld. No work shall be performed upon any part of the trail on ARKANSAS & MISSOURI RAILROAD COMPANY right of way, including but not limited to the those portions of the trail as described in the LICENSE AND AGREEMENT, until after obtaining a work permit from the ARKANSAS & MISSOURI RAILROAD COMPANY, which shall not be unreasonably withheld and only if the permittee complies with any and all conditions of such work permit. Except as amended by this Amendment, the LICENSE AND AGREEMENT and the provisions contained therein shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate the day and year first above written. ATTEST: Arkansas & Missouri Railroad Co. By: t> BRENT McCREADY, Fr ident SONDRA E. SMITH, Cil ClerI Treasurer L Secretary 2 At Razorback Road (As shown on Exhibit H) Arkansas & Missouri Railroad Company 765-14843-000 Instrument No. 2001-28071 Description: A portion of Arkansas and Missouri Railroad Company's sixty-five foot (65') wide railroad right-of-way as described in Instrument No. 2001-28071 and being a part of the Northwest Quarter (NW '/4) of the Northeast Quarter (NE 1/4) of Section Twenty (20), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast Corner of said Northwest Quarter (NW '/4) of the Northeast Quarter (NE 1/4) of Section Twenty (20); thence South 02040'45" West 676.38 feet; thence North 8719'15" West 93.37 feet to a point on the Westerly right-of-way of Arkansas State Highway 16/ 112 per Job No. 040399, said point bears South 02°32'35" East 2.22 feet from an A.H.T.D. 2" aluminum cap (P.S. #1201), said point being the POINT OF BEGINNING; thence along said right-of-way South 11 ° l9'26" West 49.87 feet; thence leaving said right-of-way North 90°00'00" West 38.62 feet to the Westerly line of said Arkansas and Missouri Railroad Company's sixty-five foot (65') railroad right-of-way being the beginning of a non -tangent curve to the left having a delta angle of 30°40'39" and a radius of 992.14 feet; thence along said railroad right-of-way along said curve an arc length of 531.21 feet and a chord bearing and distance of North 40°49'07" West 524.89 feet; thence leaving said railroad right-of-way South 87°34' 14" East 115.82 feet to the Easterly line of said railroad right-of-way being the beginning of a non -tangent curve to the right having a delta angle of 24°02'54" and a radius of 1057.14 feet; thence along said railroad right-of-way along said curve an arc length of 443.70 feet and a chord bearing and distance of South 38°46'05" East 440.45 feet to the Point of Beginning, containing 32,556 square feet, more or less. LESS AND EXCEPT the following portion of said railroad right-of-way: BEGINNING at a point that is North 87'19'15" West 4.60 feet from the Point of Beginning in the above description; thence North 8719'15" West 25.38 feet to the beginning of a non -tangent curve to the lei having a delta angle of 22'23'13" and a radius of 1031.14 feet; thence along said curve an arc length of 402.89 feet and a chord bearing and distance of North 38'45'19" West 400.33 feet; thence South 87'34'14" East 35.43 feet to the beginning of a non -tangent curve to the right having a delta angle of 21'33'19" and a radius of 1053.14 feet; thence along said curve an are length of 396.20 feet and a chord bearing and distance of South 37°38'40" East 393.87 feet to the Point of Beginning, containing 8,789 square feet, more or less. The above described property containing a net total of 23,767 square feet, more or less At Town Branch (As shown on Exhibit J) A portion of the Arkansas and Missouri Railroad Co. property Description: A part of the North Half (N %) of the Southeast Quarter (SE '/4) of Section Twenty (20) in Township Sixteen (16) North, Range Thirty (30) West, Washington County Arkansas, being more particularly described as follows: A fifty foot (50') wide license area being a portion of the Arkansas and Missouri Railroad Company's Monett to Fort Smith Main Track fifty foot (50') right-of-way as shown on Frisco Lines Yard Plat for Fayette Junction dated December 28, 1916 (correction date of June 7, 1916) and being described in Deed Bk. 1206, Pg. 317 and Instrument No. 2001-28071 as filed with the Circuit Clerk, Washington County, Arkansas, said right-of-way being twenty-five feet (25') either side of said Main Track centerline also being the centerline of said trail license area, said centerline being described as follows: Commencing at a found iron pin being the Southwest Corner of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of said Section Twenty (20); thence along the Westerly line of said forty (40) acre tract North 03'17'44" East 287.68 feet; thence North 81 °00'26" West 21.66 feet to Station 4034 + 88 of said Main Track centerline as per said Frisco Lines Yard Plat being the POINT OF BEGINNING, and being the beginning of a curve to the right having a delta angle of 00°20'29" and a radius of 6,712.49 feet; thence along said centerline an arc length of forty feet (40') and a chord bearing and distance of North 09°08'42" East 40.00 feet to Station 4034 + 48 of said Main Track centerline being the terminus, containing 2,000 square feet, more or less. At Cato Sarines Branch (As shown on Exhibit K) A portion of the Arkansas and Missouri Railroad Co. property. Description: A part of the Southeast Quarter (SE '/<) of the Northeast Quarter ( NE %<) of Section Twenty-nine (29) in Township Sixteen (16) North, Range Thirty (30) West, Washington County Arkansas, being more particularly described as follows: A one hundred foot (100') wide trail license area being a portion of the Arkansas and Missouri Railroad Company's Monett to Fort Smith Branch Line right-of-way as shown on Frisco Lines Yard Plat for Fayette Junction dated December 28, 1916 (correction date of June 7, 1916) and being described in Deed Bk. 1206, Pg. 317 as filed with the Circuit Clerk, Washington County, Arkansas, said right-of-way being fifty feet (50') either side of the Main Track centerline also being the centerline of said trail license area, said centerline being described as follows: Commencing at the Northwest Corner of said forty (40) acre tract; thence along the Northerly line of said tract South 87°03'43" East 281.03 feet to Station 4064 + 79.68 (f) of said Main Track centerline as per said Frisco Lines Yard Plat; thence along said centerline South 08°12'00" East 166.72 feet to Station 4066 + 46.40 (t), being the POINT OF BEGINNING; thence continuing along said centerline South 08'12'00" East 130.00 feet to Station 4067 + 76.40 (t) being the terminus, containing 13,000 square feet, more or less. �£\ . -�®� �--- — M.9#020 ` M?J; ƒ § m \ / � § ' iL! < k # Ld LL,V) ) § g u H % o 2 a; jga %| 3 j ƒ § m \ / � § ' iL! < k # Ld LL,V) ) § g u H % � I I \ NW114, BE 1< R30W8 RAMNIIS 900 ,0]418 1 y� ysstaen.aaa Ponlem Massie carter Truand teeCha hr IV Weram Measle cedar Sue naa Iff Beard rviPola carter, Cynthia sae Oaa�e ifP.o.B. Sta 4034+88 a NB1'00'26'WJ 21.66' 50' n I �2� p r2 Wg m� Aga ed I U I j t l I 1 1 ISodloo 1' . AO' I ro (L RR DATA A=40.00' NE v<, EE va R-6712.49' I szaT-lsN-R-aow \ D-0'200'20'29" 1 V.Ne rsl1 Tuarni a5. U BoerolTrvalaea 1 a 25' j 50• '_rfJ 1 All railroad right-of-way per Frisco Lines Yard Plat for Fayette Junction dated December 28, 1916 (correction - a°�' date of June 7, 1916) 1 W ��h ffjll 1 mag 1 h 9�g $ = ow3 gg�92 YNR J m n 11111 �+ tfiSO]011A'V I el NaWSN PeLb LLC s arwgJ- E 2a1.w• POC SE Cmne. I SE 1/4, NE /d � TT 1.tl N, 16 , R -36W ml as le 2ONr12mg12509leE as � I v SE I.. NE vd S i-Is. �6W � i4S15iWLWJ nen wrv•. a m�e I ArRansas ff Missouri Railroad Company I7I roil"dngnFaVuay ass t>ao In Oeed ON 121M, Pg 317 and deplaw In lite Fusco Lines Yard Plat W Feyelte Junaiion Galea Owimeer 28, 1916 (eonedlon date DI Jw 7.1916) O O O 1 \ ]6S15d W] . MGB PJ Pn Family LLL', Fnn1e�:5niden 1 \ �0t4dv�`c9s 1 1 1 Ndl to Scale �Sto 64+79.68 (!) aos�d lnn ' it •1 16S1idOt W6 WaslvnPm�Counb pR ar P.O.B. /—Sta 4066+46.40 (f) a' O Sta 4067+76.40 (f) I l EXHIBIT K CATO SPRINGS BRANCH MULTI -USE TRAIL LICENSE AREA ARKANSAS AND MISSOURI RAILROAD CO. Doc ID: 014770230014 Type: REL Kind: AGREEMENTS Recorded: 08/30/2012 at 02:03:19 PM FeeAmt: $80.00 Pace 1 of 14 We shinaton Countv. AR Bette Stamps Circuit Clerk File2012-00026010 LICENSE AND AGREEMENT MEMORANDUM OF LICENSE AND AGREEMENT, effective theAday of 2008, by and between the ARKANSAS & MISSOURI RAILROAD COMPANY, a Virginia Corporation, whose local address is 306 East Emma, Springdale, Arkansas 72764, and the CITY OF FAYETTEVILLE, ARKANSAS, a Municipal Corporation, whose address is 113 W. Mountain St., Fayetteville, Arkansas 72701, WHEREAS, the CITY OF FAYETTEVILLE has requested to install and maintain for the use of CITY OF FAYETTEVILLE and the public generally, a multi -use trail along and across the ARKANSAS & MISSOURI RAILROAD COMPANY's right -of way in the City of Fayetteville, County of Washington, State of Arkansas substantially as shown on and more particularly described the Exhibits attached hereto and made a part hereof, said multi -use trail to be installed and maintained at the sole cost and expense of the CITY OF FAYETTEVILLE; and WHEREAS, the ARKANSAS & MISSOURI RAILROAD COMPANY is agreeable to the installation and use by CITY OF FAYETTEVILLE, its agents, servants, employees, guests and the public generally of said multi -use trail over the property of the ARKANSAS & MISSOURI RAILROAD COMPANY at the City of Fayetteville, Arkansas at the sole cost and expense of the CITY OF FAYETTEVILLE, but only on the terms and conditions hereinafter set forth; NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. The CITY OF FAYETTEVILLE will fumish the labor and materials necessary to install and maintain said multi -use trail over the property of the ARKANSAS & MISSOURI RAILROAD COMPANY at City of Fayetteville, Arkansas. 2. The ARKANSAS & MISSOURI RAILROAD COMPANY hereby grants license unto the CITY OF FAYETTEVILLE to install and maintain said multi -use trail over the property of the ARKANSAS & MISSOURI RAILROAD COMPANY atthe locations described on Exhibit "1" and as diagramed on Exhibits "A -F" attached hereto, and permission to use said multi -use trail during the continuance hereof, together with the agents, servants, employees, guests and invitees of CITY OF FAYETTEVILLE, and the public generally. 3. Should any changes be required in the location, construction, reconstruction or protection of the multi -use trail, due to ARKANSAS & MISSOURI RAILROAD COMPANY's use of its property and facilities, including changes to or installation of ARKANSAS & MISSOURI RAILROAD COMPANY's track at the locations of the multi -use trail, or due to the requirements of any Local, State or Federal regulations, the CITY OF FAYETTEVILLE at its sole cost and expense shall make changes required to the multi -use trail, or the ARKANSAS & MISSOURI RAILROAD COMPANY will make the changes, additions or modifications to the multi -use trail, at the sole cost and expense of the CITY OF FAYETTEVILLE. 4. The CITY OF FAYETTEVILLE shall not create or permit to be created or to exist upon said multi -use trail any nuisance, public or private, during the continuance of this License. 5. The term of this Agreement and License shall continue in full force and effect for a term of Ninety -Nine (99) years unless it shall become necessary for the ARKANSAS & MISSOURI RAILROAD COMPANY to construct a second set of tracks or other improvements for its operation, at which time the ARKANSAS & MISSOURI RAILROAD COMPANY shall give the CITY OF FAYETTEVILLE One Hundred Eighty (180) days notice in writing of its intention so to do. The ARKANSAS & MISSOURI RAILROAD COMPANY can also terminate this License for cause if after written notice to the CITY OF FAYETTEVILLE it has not cured a breach of its obligations within thirty (30) days notice to do so. Upon termination or expiration of this agreement, the CITY OF FAYETTEVILLE shall, at the sole cost and expense of the CITY OF FAYETTEVILLE., remove the multi -use trail described herein and restore the portion of ARKANSAS & MISSOURI RAILROAD COMPANY's property used for the multi -use trail to its former condition. If the improvements are not removed within 30 days of the termination, the ARKANSAS & MISSOURI RAILROAD COMPANY shall remove or cause to be removed the multi -use trail, of which reasonable cost and expense shall be paid by the CITY OF FAYETTEVILLE. 6. As consideration for the privileges herein contained the CITY OF FAYETTEVILLE agrees, at the sole cost and expense of the CITY OF FAYETTEVILLE, to erect, own, and maintain a 6' black vinyl coated chain link fence to be located between the trail and the tracks to discourage pedestrian access to the multi -use trail; to install signage at every point where it is possible for the public to access the right-of-way, warning that trespassing upon railroad tracks and right-of-way is both illegal and dangerous; and to construct and maintain freestanding roof structures at those points where the multi -use trail passes under the trestles of the ARKANSAS & MISSOURI RAILROAD COMPANY. The freestanding roof structures shall extend to the right-of-way of the ARKANSAS & MISSOURI RAILROAD COMPANY, and be constructed in such a manner as to deter the users of the multi -use trail from using them as leverage to access the trestles or other railroad structures. 7. Notwithstanding anything above to the contrary, CITY OF FAYETTEVILLE, its successors and assigns, including any contractors or subcontractors providing work for it, shall not perform any construction or any significant maintenance other than mowing, weed -eating, trash pick up, and the like, within Exhibit "A" without first obtaining a work permit from ARKANSAS & MISSOURI RAILROAD COMPANY and shall comply with all conditions of such work permit, including the furnishing of a railroad protected insurance policy. 8. The CITY OF FAYETTEVILLE shall cause any contractor engaged by it to obtain and furnish to the ARKANSAS & MISSOURI RAILROAD COMPANY apolicy of public liability and property damage insurance in an amount of not less than $5,000,000.00. Such policy shall name the ARKANSAS & MISSOURI RAILROAD COMPANY as an additional insured and shall provide that notice shall be given to the ARKANSAS & MISSOURI RAILROAD COMPANY not less than thirty (30) days prior to the cancellation of such policy. Such policy shall be subject to the approval of the ARKANSAS & MISSOURI RAILROAD COMPANY and shall remain in effect during the construction of the improvements contemplated by this agreement. 9• The CITY OF FAYETTEVILLE shall, at its sole cost and expense, reimburse for any delays to train operations, and repair any and all damage to the ARKANSAS & MISSOURI RAILROAD COMPANY'S property, any property within its possession as a bailee or lessee, trackage, and other facilities, which delays or damage are caused by the installation, repair and maintenance of the improvements contemplated this agreement and shall, to the reasonable satisfaction of the ARKANSAS & MISSOURI RAILROAD COMPANY, restore such property, trackage and other facilities to their original condition. The CITY OF FAYETTEVILLE shall cause the contractor, if any, to be bound by this provision. 10. The CITY OF FAYETTEVILLE shall cause any contractor employed by it or engaged by it to construct the improvements contemplated by this agreement to assume any and all liability for injury to or death of persons, all loss or damage to property, in any maturer arising from or during the construction orthe improvements contemplated by this agreement, however, such injury, death, loss, damage or destruction as aforesaid may occur or be caused. The CITY OF FAYETTEVILLE shall further cause any contractor engaged by it to construct the improvements contemplated by this agreement to indemnify and save and hold harmless the ARKANSAS & MISSOURI RAILROAD COMPANY from any and all claims, demands, suits, actions, damages, recoveries, judgments, costs and expenses arising or growing out of or in connection with such injury, death, loss, damage, or destruction as aforesaid, which expense shall include the cost ARKANSAS & MISSOURI RAILROAD COMPANY incurs defending itself, including attorney fees and expenses. 11. In consideration of the grant of this License, the CITY OF FAYETTEVILLE shall purchase a policy of liability insurance which shall insure the ARKANSAS & MISSOURI RAILROAD COMPANY in the amount of $5,000,000.00 from liability for injury or death to persons or damage to property arising from persons using the trail described on Exhibit "A," including persons who are injured at any place upon the right of way of the ARKANSAS & MISSOURI RAILROAD COMPANY adjacent to such trail, whether injuries are caused by the operation of trains by the ARKANSAS & MISSOURI RAILROAD COMPANY or otherwise. At the option of the ARKANSAS & MISSOURI RAILROAD COMPANY such policy shall either name the ARKANSAS & MISSOURI RAILROAD COMPANY as a named insured of such policy or an additional insured. Such policy shall be kept in full force and effect during the existence of this License and shall continue to insure the ARKANSAS & MISSOURI RAILROAD COMPANY for incidents arising during the existence of this License and until such trail and any improvements installed by the CITY OF FAYETTEVILLE are removed in accordance with the provisions of paragraph 5 above, regardless of when the claim is made. Such policy shall be subject to the approval of the ARKANSAS & MISSOURI RAILROAD COMPANY and shall provide notice to the ARKANSAS & MISSOURI RAILROAD COMPANY not less than thirty (30) days of cancellation of such policy. If the CITY OF FAYETTEVILLE engages a contractor to construct such trail and such policy acquired by the contractor pursuant to paragraph 8 would cover the same potential liability of the ARKANSAS & MISSOURI RAILROAD COMPANY as the policy to be acquired by the CITY OF FAYETTEVILLE as required above, then the CITY OF FAYETTEVILLE shall not be required to provide the insurance required herein above until the construction of such trail is complete (so long as there is no lapse of coverage). Otherwise, such policy required of the CITY OF FAYETTEVILLE shall be acquired and made effective prior to the commencement of any constriction of such trail. 12. This Agreement shall not be assigned or in any manner transferred without the express written consent of the President of the ARKANSAS & MISSOURI RAILROAD COMPANY, or his duly authorized representative. Until terminated as herein provided, this Agreement shall inure to the benefit of and be binding upon the legal representative and successors of the parties respectively. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate the day and year first above written. City of Fayett vl'llc, Arkgnsas C, , ,, B I Dan Coody, Mayor Al ITST: By: - - SONDRA E. SMITH, City ClerkiTreasurer Arkansas & Missouri Railroad Co. By.-Aum'� Brent McCready, President IY pF: SAYE-FTEVII LF ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON 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 Dan Coody and Sondra Smith, 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 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 municipal corporation, 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 6-r N day of --TV L �.w 20ja_ MY COMMISSION EXPIRES: 09- /k- 2v 1'7 ?;iY."i-•� JILIS.GODDARD Y l,7 `-1;�•,(� MY COMMISSION k 12361848 EXPIRES: September 16,2617 %2;Af' Wasnla ionCrounry NotaryPublkc ACKNOWLEDGMENT STATE OF ARKANSAS ) )ss. COUNTY OF WASHINGTON ) On this the 7 �. day of / 20/y before me, the undersigned officer, personally appeared Brent McCready, who acknowledged himself to be the President of the Arkansas & Missouri Railroad Co., a corporation, and that he, as such President, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as President. ll '" h " "YN. WITNESS WHEREOF, I hereunto set my hand and official seal- _ �•,<-My Commission Expires: 2 —2 O i 3 NnP Public ARKANSAS AND MISSOURI RAILROAD COMPANY, INC. As shown on Exhibit "A": Part of the Southwest Quarter (SW%) of the Northeast Quarter (NE%) Section Sixteen (16), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas and all within the Arkansas and Missouri Railroad right-af-way being more particularly described as follows: Beginning at the Intersection of the Southerly right-of-way Dickson Street and a point eight (8) feet easterly of the existing centerline main track Arkansas and Missouri Railroad; thence along the said Southerly right-of-way of Dickson Street South 87°10'56" East 17.00 feet to a point twenty-five (25) feet Easterly of and parallel to said existing centerline main track; thence leaving said Southerly right-of-way Dickson Street parallel to said existing centerline main track South 02043'39" West 45,00 feet to the beginning of a curve to the right, said curve having a central angle of 23°22'50" and a radius of 960.37 feet; thence along said curve concentric to said existing centerline main track an are length of 400.05 feet; thence parakel to said existing centerline main track South 2719'38" West 67.88 feet; thence North 62°40'22" West 17.00 feet to a point perpendicular and parallel to eight (8) feet easterly of said existing centerline main track; thence Parallel to said existing main track North 27°19'38' East 87.88 feet to the beginning of a curve to the left, said curve having a central angle of 23"22'11" and a radius of 963.37 feet; thence concentric to said existing main track along said curve an arc length of 392,94 feet; thence continuing parallel to said existing main track North 02°43'39" East 44.85 feet to the Point of Beginning, containing 8998 square feet, more or less. As shown on Exhibit" 8": Part of the Northwest Quarter (NW%) of the Northeast Quarter (NE'/,) Section Sixteen (16), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas and all within the Arkansas and Missouri Railroad right-of-wa being more particularly described as follows: Beginning at the intersection of the Northerly right -o( way Dickson Street and a point eight (8) feet easterly of the existing centerline main track Arkansas and Missouri Railroad; thence parallel to said existing main track North 02043'39" East 415.61 feet to the beginning of a curve to the left, said curve having a central angle of 12°45'24" and a radius of 1335.51 feet; thence concentric to said existing main track along said curve an arc length of 297.35 feet to the Southerly right-of-way Lafayette Street; thence along said Southerly right- of-way Lafayette Street North 74°24'22" East 17,08 feet to the beginning of a non-tergen! curve to the right; thence leaving said Southerly right-of-way Lafayette Street along said curve, said curve having a central angle of 12°49'37" and a radius of 1352.51 feet, an arc length of 302.79 feet to a point, said point having a chord bearing and distance from said beginning of curve of South 03°41'10" East 302.16 feet; thence South 02043'39" West 415.61 feet to the said Northerly right-of-way Dickson Street; thence along said Northerly right-of-way Dickson Street North 67°16'21° West 17.00 feel the Point of Beginning, containing 12167 square feet, more or less. As shown on Exhibit "C": Part of the Northwest Quarter (NWY.) of the Northeasl Quarter (NE'%) and part of the Northeast Quarter (NE%) of the Northwest Quarter (NW%) Section Sixteen (16), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas and all within the Arkansas and Missouri Railroad right-of-way being more particularly described as fellows: Beginning at the intersection of the Southerly right-of-way of Maple Street and a point eight (8) feel easterly and radial of the existing centerline main track of the Arkansas and Missouri Railroad; thence along said Southerly right-of-way of Maple Street South 81°39'25" East 18.71 feet to a point twenty-five (26) feet Easterly of and concentric to said existing centerline main track; thence leaving said Southerly right-of-way of Maple Street along a curve concave Northeasterly concentric to said existing centerline main track an arc length of 206.26 feet through a central angle 03°06'51", said curve having a radius of 3794,83 feel to the West line of Lot 1, Frisco Addition to the City of Fayetteville; thence along said West line South 02"46'46" West 15.67 feet to the Southwest corner of said Lot 1; thence along the South line of said Lot 1 South 87°34'14" East 6.44 feet to a point 25' feet Easterly of and concentric to said existing centerline main track; thence along a curve concave Northeasterly concentric to said existing centerline main track an are length of 74.61 feel through a central angle 01°07'35", said curve having a radius of 3794.83 feet; parallel to said existing centerline main track South 20°52'25" East 37.70 feet to the beginning of a curve to the right, said curve having a central angle of 08038'58" and a radius of 1352 51 feet; thence along said curve an arc length of 204.17 feet to the North right-of-way of Lafayette Street; thence along said North right-of-way of Lafayette Street South 74°24'21" West 17.03 feet; thence leaving said Northerly right-of-way of Lafayette Street along a curve concave Southwesterly, eight (8) feet Easterly of and concentric to said existing centerline main --- track an -arc length-of-202.61—feet through a central angle 08°41'32", said curve having a radius of 1335.51 feet; thence parallel to said existing centerline main track North 20°52'25" West 37.70 feet to the beginning of a curve to the right, said curve having a central angle of 04°36'49" and a radius of 3811.83 feet; thence along said curve concentric to said existing centerline main track an arc length of 306.94 feet to the point of beginning, containing 9188 square feet, more or less. EXHIBIT As shown on Exhibit "D": Part of the Northeast Quarter (NE'/.) of the Southwest Quarter (SW'/.) and part of Southeast Quarter (SE%) of the Southwest Quarter (SW%.) of Section Nine (9), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas and all within the Arkansas and Missouri Railroad right-of-way being more particularly described as follows'. Beginning at the intersection of the Northerly right-of-way of Maple Street and a point eight (8) feet easterly and radial of the existing centerline main track of the Arkansas and Missouri Railroad; thence concentric to said existing centerline main track along a curve through a central angle of 8°16'43" and a radius of 3811.83 feet an arc length of 550.77 feet; thence parallel with said existing centerline main track North 07°19'18" West 665.64 feet; thence South 82°40'14" West 33.00 feet to a point twenty-five (25) feet westerly and parallel of the said existing centerline main track; thence parallel with said existing centerline main track North 07619'18" West 424.85 feel; thence South 25°50'26" East 53.52 feet a point eight (8) feet westerly and parallel of the said existing centerline main track; thence parallel with said existing centerline main track South 07°19'18" East 316.66 feet; thence North 82°38'56"East 16.00 feet to a point eight (8) feet easterly and parallel of the said existing centerline main track; thence parallel with said existing centerline main track North 07°19'18" West 151.90 feet; thence North 82°40'14" East 17.00 feet to a paint twenty-five (25) feet easterly and parallel of the said existing centerline main track; thence parallel with said existing centerline main track South 07°19'18" East 874.98 feet to the beginning of a curve to the left said curve having a central angle of 8°23'33" and a radius of 3794.83 feet; thence along said curve, concentric to said existing centerline main track an arc length 555.86 feet to the said Northerly right-of-way of Maple Street, thence along said Northerly right-of-way of Maple Street North 81039'25" West 18.61 feet to the point of beginning containing 31991 square feet, more or less. At Drake Street (as shown on Exhibit)E Part of the Southeast Quarter (SE %) of Section Thirty -Four (34), Township Seventeen (17) North, Range Thirty (30) West, Washington County, Arkansas being more particularly described as follows: Commencing at the Northwest (NW) Corner of the Northwest Quarter (NW Y.) of the Southeast Quarter (SE %) of said Section; thence South 87°24'44" East 694.98 feet; thence South 02935'16" West 845.46 feet; thence South 87°24'44" East 596.01 feet to the POINT OF BEGINNING, said point being the Southeast properly corner fora property described in Instrument Number 2007-5939 with the Circuit Clerk of Washington County, Arkansas; (hence along the Easterly line of said property North 20644'51" West 13.90 feet; thence leaving said Easterly lina North 69°24'43" Easl 106.41 feet to the Easterly right- of-way line of the ArKansas 4 Mlsscuri Railroad, said line also being the Westerly line of a property described In Instrument Number 2001-1 721 8 8 recorded with said Circuit Cterk; thence Southeasterly along said right-of-way South 21°08'15" East 80.03 feet; thence leaving said right-of-way South 69024'43" West 74.41 feet to the Westerly right-of-way of said railroad; thence Northeasterly along said right-of-way North 23°06'44 West 32,03 feet; thence leaving said right-ot-way North 87°24'44' West 33.82 feet to the Point of Beginning, containing 5150 square feet, more F less. AtAsoen Ridge (as shown on Exhibit)F; A part of the Southwest Quarter (SW %) of the Southwest Quarter (SW Y,) Section Sixteen (16), And a part of the Northwest Quarter (NW %) of the Northwest Quarter (NW Y.) Section Twenty -One (21), all in Township Sixteen (16) North , Range Thirty(30) West, Washington County Arkansas, that portion of Arkansas and Missouri Rail Road right-of-way being more particularly described as follows: Commencing at the Northwest (NW) Corner of said Northwest Quarter (NW %) of the Northwest Quarter (NW Y,) Section Twenty -One (21); thence South 86° 14' 58" East 227.88 feet; thence North 03°45'07" East 73.83 feet to the intersection of the Easterly right-of-way South Paris Avenue and the Southerly right-of-way Arkansas and Missouri Rail Road and the Point of Beginning ; thence along said Easterly right-of-way South Paris Avenue North 00034'41" West 101.51 feet to a point on a curve on the Northerly right-of-way Arkansas and Missouri Rail Road said curve having a central angle of 25°42'31" and a radius of 1195.92 feet concave southwesterly; thence along said Northerly right-ef-way Arkansas and Missouri Rall Road an arc length of 536.61 also having a chord bearing and distance of South 6801605" East 532.12 feet; thence South 55624'50" East 148-23 feet to a point on a curve on the Easterly right-of-way Arkansas and Missouri Rail Road said curve having a central angle of 04016'32" and a radius of 1340.84 feet concave southeasterly; thence along said Easterly right-of-way Arkansas and Missouri Rail Road an arc length of 100.07 also having a chord bearing and distance of South 36°23'18" West 100.05 feet; thence leaving said Easterly right-of-way North 55°24'50" West 145.08 feet a point on the said Southerly right-of-way Arkansas and Missouri Rail Road and the beginning of a curve to the left, said curve having a central angle of 24050'12" and a radius of 1095.92 feel; thence along said curve an arc length of 475.06 feet to the Point of Beginning; and containing 1.496 acres more or less. EXHIBIT — 17.00° DICKSON STREET —� F02'4a'39"E 1 R7h j T 44.85' — — — y:?•i _ 502"43'3q"W I I a tip} ibr I I I; n V � V)l ,� z ``' � m �, > I Zt I IQ / "f N27'19'38"E 87.88'. ` /f 527'19'38'W I 87_88' I FwS,r I \ II I 1 N/a2'40 22 W l I 17.00' I _ I SPRING ST, CURVE DATA ® z b -3'22.50' 23-22'tl' I I I I It 980,37' 963.3/' L E G E N D L _-400.45' _392.99' :i_•ir''y l;f;'•_i:i TRAIL EASEMENT I I I Ce0R0 BEARING S15'38'13'V M1I5'38.331E III I ILS CHORD CENTERLINE RAIN LEN6114 397.28' 390.22' RAILROAD TRACK DIC EXHIBIT 'B' N'74'24'22"£- L 17.00' LAFAYETTE STREET Imo- `lel CURVE DATA 'I Q 1245'25' 12 4�9 R 1335.51' 1352.51' L 29]35' 302.]9' CHORD 3FARING NO3-39'03W S03'41'10'E CHORD P96.73' 302.16' LLNGIH 'I f !T - pl V I w 11 1 Q iO !tn V1 v W '" 3 1u m m rn fo'.. N I 0 o !z 17 l ' NB717.00W 17.00 ' — RIN-_ — L L N n O TRAIL EASEMENT �� CRAILEROA[) TRACK EXHIBIT 'C' 11 I SaI.3q'251�E 15.71' ° - MAPLES - - - rREE7 1 � _ GI k .51:_' LOT 1 Q I - A PRISCO ADDITION I I S02°46'pb'IW-15.7' - - - S57'34'f4"E-6.4 1' 1 1 '.,Rm 1- f 1 p4. N20'52'25"W-37,70' wN B• rxr' 6• at; 1 t 4 I \� CURVE DATA - ® A � 03'06'51' 01vT35' 00.38'50' 00'41'32• 0i'36'99• R 3794.93' 3794.83' 052.51' 1335.53' ;811.83' L 246.26- 74,61• 299.17' 202.61 306.94' LLC LIL — pCHRINB SI7'56'04'E 320.18'37[ S16.32'S6'F; N16.3138.1.' kIB';9'tl0' EN411 20b.23' 74.61' 203.90• 202A1' 30605• ENGIN 520°52'25"E 37.70' -RSN — — J 57q•2p3"W LAFAYETTE o -R, — — L E G E N D TRAIL EASEMENT CENTERLINE MAIN RAILROAD TRACK �1 kg\ STREET--- N84'BB'56'E 1600- I I 6C0•II -SB2'40'14 R 21 EXHIBIT TAYLOR STREET IA p E DOUGLAS STREET I - A 55.52' -1 RVE DAA 111E ` — OB'16'4T 0$•23'33' 550 �T ' n5—a NI12]'39'W SU'31'OS'E - - 550.25' 555 HpN'THGRNE STREET F 1 IN� IL W U CLEBURN STREET 3[6.b6'� rE-n,ao• talb w 1sLno° R— PROSPECT STREET I T' �I ILA STRf1 W F NI ILA STREET _ L E G E N D L u TRAIL EASEMENT 1 IB.61' i I i I i I CENTERLINE MAIN RAILROAD TRACK DRAKE STREET HOLDINGS, LLC 765-15903-000 EXT. REOAR NW CORNER NW 4, SE 34-17-30 S67°24'44"E ./694,981 I EX,HIBITcl S67°24'44'E 596.01' PL —� � N 4- o 1 N 69°2443" E m 106.41' ;O ! S l N.T.S. 1 \21°08'15" E 60.03' P.O.B. ` ��`!� S 69024'43" W /'N 8724'44" W 74.41' \ 33.82' r � rr N 23'06' 4" W rr r 32.83' r r r r 765-15904-001 .p I II JAX DEVELOPMENT I COMPANY, LLC. �� \ 1 I I � I I I 30. 1RgR ERSFITNi 1 I I 1 I L I I 1 1`. SCULL 9CREEK 1 1 \ 765-15904-000 SCULL CREEK i I LIMITED 1 QUALITY LIFE ASSOC. INC. I PARTNERSHIP p`\ I II \ \ 765-14%0-OCO 1G � EXHIBIT,::,I e�o1�, 1'.100' \ C�F ��� y4u I Rey fI y 765-14959-000 RR LAJ Li I H F R� I V) 3 I 6' 765-14469-000 �4 I 765-ICOBS-000 � (1 1 X � n - 765-1oDB0-000 i 765-30007-000 1 I � N00'34'41"W�— / GA¢LA�� ASE' 101.51, NO3-4 107-F. So. PARIS AVE. R/W Q �o g9 766-10091 -000 Q W ` o Z e n / $ K NW CORNER ._ c NW j, NWj N K � a 21 -I6 -3G 765-100 91-00 765-f00Ai-000 CURVE DATA -L CHORp CHARD 1 04'1(,'3 I' 1 1340.04' 00071 S36'2318'W I L OU 052r CYPEU, CROUCH, CLARK & HARWELL, PLLC Attomeys at Law COURTNEY C. CROUCH (1912-1975) JAMES E. CROUCH WILLIAM M. CLARK, JR. CHARLES L. HARWELL WRITER'S EMAIL Jcrouch@ccchlaw.com Matt Mihalevich Trails Coordinator City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Matt: Established 1947 PA. Box 1400 111 Holcomb Street Springdale, AR 72765-1400 Flrm:479-751-5222 Fax: 479-751-5777 www.ccchlaw.com August 8, 2012 JAMES D. CYPERT OF COUNSEL R. JEFFREY REYNERSON 0 MATTHEW L. FRYAR 0 LICENSED IN AR AND MO Re: A&M Railroad/City of Fayetteville Enclosed please find an Acknowledgment of the trail license agreement of the signature of Brent McCready. Kindest regards. Sincerely, CYPERT, CROUCH, CLARK & HARWELL, PLLC `)�7 6ti" James E. Crouch JEC/td Enclosure NORTHWEST ARKANSAS OEMOCRATSVETTE NORTHWEST ARKANSAS THE ALE MORNING NEWS FSPRINGOERS NEWSPAPERSLLC THE MORNING NEWS OF ROGERS THE ARKANSAS TIMES BENTON CONORTHWUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVIU-E, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479,44&1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Ordinance 5720 Was inserted in the Regular Editions on: November 13, 2014 Publication Charges: $ 129.70 Karen C ler Subscribed and sworn to before me This Zb day of AIV- 12014. Notary Public My Cgmmission Expires: (Zfl?J} CATHY WILES Arkansas - Benton County Notary Public - Comm# 12397118 My Commission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. authhorrizes a Mayo t sign ' That the City uAmendment ncil of the N , with Arkansas &.Missouri Railroad tofacilnate GI, Town Branch and Cato springs Trails acro RECEIVED NOV 2 4 2014 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE I AR 'aiiroad property;' 6er,2014