HomeMy WebLinkAbout36-13 RESOLUTIONRESOLUTION NO.36-13
A RESOLUTION APPROVING AN AIRSPACE PERMIT AGREEMENT
WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION
DEPARTMENT FOR THE MEADOW VALLEY TRAIL
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 approves
the Airspace Permit Agreement with the Arkansas State Highway and Transportation
Department so that the Meadow Valley Trail can use highway right of way at the Porter Road
exit to cross I540 and authorizes Mayor Jordan to sign this agreement. A copy of the Airspace
Permit Agreement, marked Exhibit "A," is attached hereto and made a part hereof.
PASSED and APPROVED this 19'' day of February, 2013.
►a�»:Zo] L, ?Aa13
LN
ATTEST:
By:C'c . 4., &-e
SONDRA E. SMITH, City Clerk/Treasurer
gti���irlur�
Y
: FAYETTEVILLE
r R1
� ^ (OAR �/Qy q �,` P`J R•^� �Y
Matt Mihalevich
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
City Council Meeting bate
Agenda Items Only
Engineering Development Services
Division Department
Action Required:
Staff requests the Mayor's signature on the attached Airspace Permit with the Arkansas State Highway and
Transportation Department for the Meadow Valley Trail (Formerly U of A Farm Trail) at Porter Road and 1-540.
NIA N/A
Cost of this request Category 1 Project Budget
NIA N/A
Account Number Funds Used to Date
NIA NIA
Project Number Remaining Balance
Budgeted Item I� Budget Adjustment Attached
Department D ector
City Attor
NIA
Program Category 1 Project Name
NIA
Program 1 Project Category Name
NIA
Fund Name
(it-08-11013 Previous Ordinance or Resolution #
Date
Original Contract Date:
l ! _ 2313 Original Contract Number:
Date
TO,&- C(., 2-1I-ZO13
Finance and Internal Services Director Date
Comments:
Received in City
Clerk's Office
Etp
Received in 'r
Mayor's Office r
Revised January 15, 2009
ARKANSAS STATE HIGHWAY
AND
TRANSPORTATION DEPARTMENT
Scott E. Bennett P.O. Box 2261
Director qhT O Little Rock, Arkansas 72203-2261
Telephone (501) 569-2000 l Telefax (501) 569-2400
Voice/TTY 711 www.arkansashighways.com
March 18, 2013
Honorable Lioneld Jordan
Mayor, City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
U of A Farm Trail
Porter Road
Washington County
Airspace Permit
Mayor Jordan,
RECEIVED
MAR 2 12013
CITY OF FAYETTEVILLE
MAYOR'S OFFICE
Enclosed find the signed Airspace Permit as requested by the City of Fayetteville for the U of A Farm
Trail, Porter Road Project.
If the City of Fayetteville has any questions or needs any additional information about this Airspace
Permit, please contact me.
6Sincerely,
James . Braden
Assistant Division Head
Right of Way Division
501-569-2314
i ames.braden(-a),ahtd. ar. gov
jfb
Attachment
AIRSPACE PERMIT
CITY OF FAYETTEVILLE
U of A Farm Trail
Porter Road
This Airspace Permit ("Permit") is based upon the authority granted the Arkansas State
Highway Commission ("Commission") in Ark. Code Ann. § 27-67-304(b) (Reel. 1994), and the
Arkansas State Highway and Transportation Department ("AHTD" or "Department"), pursuant
to Commission Minute Order No. 2012-008, and is subject to the approval of the Federal
Highway Administration ("FHWA"). The parties to this Permit are the Department and the City
of Fayetteville, Arkansas ("City"). The City has requested use of certain lands owned by the
Commission, more fully set forth on Attachment "A", for a purpose that does not interfere with
the public use of the property for highway purposes. This Permit shall supersede and replace all
terms and conditions of any previous, if any, agreement between the City and the Department
governing the use of the property set forth on Attachment "A", ("Property"). See Attachment
"A" Legal Description and Right of Way Maps attached hereto and made a part hereof. And
also See Exhibit "A" U of A Farm Trail attached hereto and made a part hereof.
The City proposes to construct a "multi -purpose pedestrian trail", known as the U of A
Farm Trail, along Interstate 540 right of way and have the trail to the City to be constructed on
and near the locations set forth on Job Number 4706-4- U of A Farm Trail as Exhibit "A". The
Department's District Engineer has made a preliminary determination that such use will not
interfere with the public use of the property for highway purposes. However, any final
determination of such issue will not be made until detailed plans and specifications of the
improvements the City proposes to make have been submitted to the District Engineer for final
approval. The Commission will retain all right, title, interest, supervision, and jurisdiction in and
LEXHIBIT
b
P:ICommissionlAirSpacePermit-Fayetteville 1 540.doc
over such lands, This Permit is a license only and does not convey or create any interest on the
part of the City in the lands set forth on Exhibit "A".
In addition to the foregoing plans to construct a "multi -purpose pedestrian trail' along
Interstate 540 right of way and have the trail known as the U of A Farm Trail, which was
requested by the City of Fayetteville, Arkansas, this Permit is for the City of Fayetteville to
construct and assume maintenance of the area of the "multi -purpose pedestrian trail" specified on
the attachment as Porter Road at Interstate 540 and Arkansas Highway 16 — Highway 112 in
Washington County for the purpose of providing a "multi -purpose pedestrian trail' to the City
with the U of A Farm Trail to the city.
In addition, the City understands and agrees that all costs will be borne by the City, that it
will be responsible for all Federal Emergency Management Agency (FEMA) and U.S. Army
Corps of Engineers (Corps), if any, permits and construction will be in accordance with the
requirements contained in and on Attachment "A". The Commission will retain all right, title
and interest in and to such lands. This Permit is a Iicense only and does not convey or create any
interest on the part of the City,in the lands described herein.
The Department hereby authorizes, subject to final approval and concurrence by the
FHWA, the Commission, the District Engineer and the City to use the property set forth on
Attachment "A", ("Property") for the terms, purposes and conditions herein set forth.
1) This Permit is expressly contingent upon the approval and concurrence of the FHWA
and submission of final plans and specification .of the proposed improvements to the District
Engineer and his issuance of a permit to the City approving its plans and authorizing it to -
proceed with construction of such permitted improvements.
P:1CommissionlAirSpacePermit-Fayetteville I 540.doc
2) This Permit shall be effective immediately upon its execution by the parties and is
intended to be perpetual, beginning immediately upon its execution and subject to the terms and
conditions contained herein; provided however, that either party shall have the right to terminate
this Permit, with or without cause, upon sixty (60) days written notice to the other party.
3) The City shall use the Property only to construct a "multi -purpose pedestrian trail"
along Interstate 540 and Porter Road right of ways, known as the U of A Farm Trail, which
landscaping, irrigation, lighting and signage shall be shown on plans submitted to, and approved
by the District Engineer, by his issuance of a permit therefore, or such other use as is expressly
approved in advance and in writing by the District Engineer. Facilities and improvements
presently in place and approved under previous agreements between the Department and the City
shall be deemed approved. The City shall not use the Property in any way that interferes with
the Property's use for highway purposes.
4) Notwithstanding any other provision regarding termination of this Permit, this Permit
shall terminate upon five (5) days written notice to the City of Fayetteville, Arkansas, in the
event that the City's use of the Property is changed without the prior written consent of the
FHWA and the Department.
5) All improvements, excavation, construction, and any other condition on the Property
shall comply with the then -current AHTD Standard Specifications where applicable, including
those related to maintaining traffic flow and signs, and shall be subject to the approval of the
AHTD District Engineer for the area. All such improvements, excavation, construction, and
other conditions shall also be subject to FHWA concurrence where and if applicable.
6) No permanent or temporary improvements or alterations shall be made in, on, or upon
the site without the written consent and approval of the FHWA and the District Engineer.
P:\CommissionlAirSpacePermit-Fayetteville I 540.doc
7) The City shall be solely and exclusively responsible for all costs associated with the
removal, modification, or relocation of any utility within the Property, which is caused by the
City's use of the Property.
8) The City shall be solely and exclusively responsible for payment of all taxes and
assessments that may be legally assessed on the Property as a result of any Permit issued
hereunder.
9) No signs, displays, or devices, may be placed within the right of way without the
written consent of the District Engineer. No signs, displays, or devices, other than traffic control
signs complying with the FHWA Manual on Uniform Traffic Control Devices, shall be erected
on the Property unless specifically permitted by the District Engineer. All signs during the
construction and maintenance on the Property shall conform to the FHWA Manual on Uniform
Traffic Control Devices, as amended. This paragraph shall not be construed to allow the
placement of any signs without the permission of the District Engineer.
10) The City, at its sole expense, shall keep and maintain the "multi -purpose pedestrian
trail" at all times in an orderly, clean, safe, and sanitary condition. The City shall comply with
all applicable federal, state, and local laws, ordinances and regulations while using, or in
possession of the Property, including without limitation all environmental laws and regulations
and FHWA regulations regarding the Property's use.
11) The City shall submit all construction plans for any proposed improvements on the
Property for approval by the District Engineer prior to commencing any work. Any work
performed by the City on the Property shall not unduly interfere with the flow of traffic.
12) The City agrees to occupy and use the Property at its own risk and expense,
P:1CommissionlAirSpacePermit-Fayetteville 1 540.doc
13) The City of Fayetteville does not waive its sovereign statutory immunity, but
acknowledges that the City has full legal responsibility for the proper design, construction,
maintenance and operation of this trail within the Arkansas Highway and Transportation
Department's right-of-way for I-540. The City acknowledges that the Highway Department and
Highway Commission have no duty or responsibility to users of this City trail, and therefore can
have no liability related to the design, construction, maintenance or operation of this City trail. If
the Arkansas Claims Commission ever grants a claim against the Highway Department or
Highway Commission for an injury or other damage to a person using this Fayetteville City Trail
within this Air Space Permit area, the City of Fayetteville agrees to pay this claim for the
Highway Department or Highway Commission.
14) The Commission, the Department, and the FHWA, and any officer, employee or
agent thereof, retain and shall have the right to enter the Property at any time without notice to
the City.
15) The Commission and Department reserve, and shall have the right, at their sole
discretion, to take immediate possession of the Property in case of any national or other
emergency (including temporary emergencies such as weather emergencies, traffic accidents,
hazardous material spills and other such events that may be hazardous or obstruct traffic), and for
the protection and maintenance of the highway facility, in which event the terms of this Permit
shall be suspended.
16) If the City violates any of the conditions contained in this Permit, or if the City
discontinues use of the Property for more than sixty (60) days, the Department may, without
notice, declare any Permit issued hereunder terminated.
P:1CommissionlAirSpacePermit-Fayetteville I 540.doc
17) Upon termination of this Permit (or any permit issued hereunder) for any reason, the
City shall peaceably surrender the Property to the Commission in good order and repair,
excepting reasonable use and wear thereof, damage by earthquake, fire, public calamity, the
elements, or other unavoidable casualty. The Property shall be restored to its previous condition
at the expense of the City; provided, if any improvements are not removed after thirty (30) days
written notice from the Department to the City, the Department may: (a) proceed to remove the
improvements and restore the Property, and the City shall pay the Department upon demand the
reasonable cost of removal and restoration; or, (b) the Commission may, in its sole and absolute
discretion, elect to declare the improvements property of the Commission, whereupon all right,
title and interest of the City therein shall forthwith terminate and vest in the Commission. No
cost shall be attributed to the FHWA under any part of this Permit.
18) This Permit may not be assigned and all obligations and duties of the City hereunder
shall be considered non -delegable.
19) The City, as a part of the consideration hereof, does hereby covenant and agree that
no person shall be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of the facilities on account of race, color, sex, national
origin, or disability, and that in the construction of any improvements on, over, and under the
Property, and the furnishing of services thereon, no person shall be excluded from participation
in, denied the benefits of, or otherwise be subjected to discrimination on account of race, color,
sex, national origin, or disability. The City further covenants that it shall use the Property in
compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Effectuation of Title VI of the Civil Rights Act of 1964, as amended. In
P:\Commission\AirSpacePermit-Fayetteville 1 540.doc
the event of breach of any of the nondiscrimination covenants, the Department shall have the
right to terminate this Permit or any permit .issued hereunder without further notice.
20) The Property shall retain its character as a public right of way and the City may not
charge any person a fee of any kind whatsoever to enter or use the Property, nor permit or
sublease the exclusive use of the Property to any individual, entity, association, or organization
of any kind whatsoever. No vending shall be allowed within the area of the Property.
21) It is understood that granting of this Permit to the City of Fayetteville, Arkansas,
does not impair or relinquish the Commission's right to use the Property for right of way
purposes for the construction, maintenance, or reconstruction of the traffic facility, nor shall use
of the land under this Permit ever be construed as abandonment by the Commission of land
acquired for highway purposes. The permitted use by the City shall remain subordinate to the
Commission's ownership and use of the property for highway purposes.
22) It is understood by the parties that this Permit may be executed in any number of
copies, each of which shall be deemed an original.
P:1CommissionlAirSpacePermit-Fayetteville I 540.doc
Executed on this ! q —day ofdAMI&OZ, 2013.
ARKANSAS STATE HIGHWAY AND
TRANSPORTATION DEPARTMENT,
PERMITOR
CITY OF FAYETTEVILLE, ARKANSAS,
PERMITEE
By: 6"re*f By
Scott E. Bennett
Director of Highways and Transportation
j By:
Sondra Smith, City Clerk
�G , Y
V • �rry
:. • FAYE7TEViLLE 0�a
L
P:1CommissionlAirSpacePetmit-Fayetteville I 540-2.doc
ACKNOWLEDGMENT
STATE OF ARKANSAS)
)ss
COUNTY OF PULASKI)
BE IT REMEMBERED that on this day came before the undersigned, a Notary Public,
within and for the County and State aforesaid, duly commissioned and acting, Scott E. Bennett,
to me well known as the Director of Highways and Transportation, who stated that he had
executed the foregoing Airspace Permit for and on behalf of the Arkansas State Highway
Commission, for the consideration and purposes therein mentioned and set forth and was
authorized so to act by proper resolution of the Commission in Minute Order No. 2012-008,
dated the 8 h day of February, 2012.
WITNESS my hand and seal as such Notary Public on this day of
2013.
o �
Notary Public
My Commission Expires:
P:\Commission\AirSpacePermit-Fayetteville 1540-2.doc
ACKNOWLEDGMENT
STATE OF ARKANSAS)
) ss
COUNTY OF WASHINGTON)
BE IT REMEMBERED that on this day came before the undersigned, a Notary Public,
duly commissioned, qualified and acting within and for said County and State aforesaid, the
within named Lioneld Jordon and Sondra Smith, to me well personally known, who stated that
they were the Mayor and the City Clerk, respectively, of the City of Fayetteville, Arkansas, and
were duly authorized in their capacities to execute the foregoing instrument for and in the name
of and on the behalf'of said City of Fayetteville, Arkansas, and further stated and acknowledged
that they 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 seal this day of
My Commission• % % /,
P:ICommission\AirSpacePermit-Fayetteville 1 540-2.doe
MC,iIiT1 PI~ 1W0SE P19DUMUN TRAM
CEENTERLM DESC1t#PTION
AHTD JOB 4706-8EC. 4
FED. AID PROJECT B'p7l 011-3(45)
Aw.16 — $w.112
WIMEAS, the City of Fayetteville, Washington County, Arkansas, has requested an Airspace
permit to use certain highway right -of -Way, located in the City of Fayettevl`lle, and owned by the
Arkansas State Highway and Transportation Departuaent, a 22' wide easement for the purpose of
constructing a 12' wide M111ti Purpose Pedestrian Trail under the I 540 bridge at porter Road tLe
centerline ofsaid Pedestrian Trail described as follows:
A part of the Bast Half (13, yx) of the Southeast Quarter (SF �/) of Section Six (6) and a part of tine
Southwest Quarter (SW %) of the Southwest Quarter (SW YO of Section Five (5), all being in
Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, being
more particularly described as follows:
Commencing at a found ahrminum AHTD right: of way monument (stamped 2012 P.S. #1201) on
the Northwesterly right of -way line of 1540 at Construction Centerline Station 403+80.00, offset
344.76 feet left as per AHTD, YOB No thence 4706, Sec. 4; along said right of way Line NorEh
66059'07" Bast 91.80 feet to the POINT OF 13BO1NMG being at centerline Station 2+03.61 of
said 111 Mi-Purpose Pedestrian Trak said point being at said Construction Centerff ne Station
404+57.11, 296.05 feet left of said Interstate 540; thence leaving said right-of-way line along said
centerline of said trail on a 159-09,18" degree of curve right an arc length of 32.10 feet to Station
2+35.71; thence continuing along said centerline South 00006'48" East 113.41 feet to Skgon
3449.12; thence continuing along said centerline South 04016115" West 56.16 feet to Station
4+05.28; thence continuing along said centerline South 02034'2e West 240.35 feet to Station
6+45.62; thence contmulug along said centerline South 03048-15" Bast 39.63 feet to Station
6+85.26; thence continuing along said centerline South 02059-28" East 63.77 feet to Station
7+49.02; thence• continuing along said centerline South 01053,03" west 123.32 feet: to Stafloa
8+72.34; thence continuing along said centerline South 04°30'13" West 93.76 feet to Station
9+6611; thence continuing along said centerline South 03026122" West 91.99 feet to Station
10+58.10; thence continuing along said centerline South 08037'06"West 22.84 feet to Stafionn
10+80.94; thence continuing along said centerline South 01°32'15" West 81.70 feet to Station
11+62.63; thence along said centerline on a 1.145°54'56" degree of curve left an arc length of
7.99 feet to Station 11+70.62; thence continuing along said centerline North 89059'42" But
38.03 feet to Station 12+08.65; thence along said centerline on a 286128'44" degree curve to fine
right an arc Iength of 3615 feet to Station 12+44.80; thence continuing along said centerline
South 13034102" West 11.79 feet to Station 12+56.59; thence continuing along said centerline on
a 103°14'08' curve to the left an arc length of 46.01 feecto the terminus at Station 13+02.57,
being on the AHTD Control -of Access right-of-way line of 1540 at Construction centerline
Station 396+30.33, offset 334.88 right per said AHTD, JOB NO.4706, Sec. 4, said terminus also
being distant South 01051154" West 20.08 feet from a found iron pin with an AHTD right -of -Way
sign, said pin being at said Construction Centerline Station 396447.05, offiet 324.33 right.
Attachment "A"
P-ICammissli)nWrSpacePamit t+aye(Mville 1540112b 2012.doc
® DENOTES AIRSPACE EASEMENT
ESTABLISHED EY M.O.
SEE EHHIBT'A SHEETS
qs. xn
i - 4 FOR DETAIL
een nwemI
rai+T
NZ
DENOTES AIRSPACE EPSEMENT
ESTABLISHEDBY WOJ WD1=
AIRSPACE PERWT
DATED APRd.2y,2WB
Attachment "A"
MNY 6 -my 112
W-%
alas sE-4— WWm ca
U of A Farm Trail
1.540 & Porter Road
Airspace Easement Permit
ARKANSAS STATE HIGHWAY &
TRANSPORTATION DEPARTMENT
vlcnV IY MAP
AUGUST 3RD, 2012
ems:
1.) AHTD AIRSPACE RA SE1 UNT PERMIT COVER SHEET
2.) AUM AHTD AIRSPACE EASEMENT CONTROL SHEET
3.) SITE PLAN AHTD AIRSPACE EASMAENT STA 0+0D TO STA 7+40
4_) SFIE PLAN AKm AIRSPACE BASEMENT STA 7+40 TO STA 13+04
MID ..tea
uu
i ofi
COWM POW oATAAUi4W STATE PLATE WW U30 M WM4 -UM
ON BPS MnFJDL PROkCfI�D TO HiOm I=H.SLaway FOOT
is H C umm POEftS
K NO. EUTM NORT M HEVATI NI DTLR HOR TRAIL SrX Dam
AFTTO REFERENCE CENTERLINE LENGTH EASEMENT ACREAGE
AHTO JOB #4706-SE01 1099 LF 2 I48.21 SG FT
0 55 Am +/-
$ASLS OF SURVEY
MOUNT COMFORT ROAD IMPROVEMENTS CONTRACT 1 ALPINE AVENUE TO
1-54 CITY OF FAYETTEVILLE - FAYETTEV1.iE, AR
AS LISTED SHEET 2 - lCRY OF FAQ STATE PLANE COORDINATES FOR
CRY MONUMENTS J-9 AND ROTATED TO CITY MONUMENT I-9, CRY OF
FAYEMLLE COORDINATES REPORTED TO BE NAD83 DATUM, ARKANSAS
NORTH ZONE, ANDVffff I DATUM ON NW 29..
UNR TABLE
u
aonoP+rF
„sa'
G
apPlv�rw
BR1e
u
aas'aearw
aqa*
G
SaaW`1PE
!!.N`
G
aftu A`w
ism
u
aova rw
on
u
garwzw
Imx
u
str+erw
!
Luvv,'+nrw
F1.n
1.
:
%0!
LC
IsttifOl'x
1L:f
CERMOC POWn
PTM Ekww WRTHW gm STATION
CUINETABIE
Of
1.": AleZiL'i mli3'f�i::3.`: �,^.,I: �F."`"r�GIC.::7 [-:n'_'2�
L'i•iI:.:: `3�R:�111� L]=:'i
-
jr�rr�'aF=r'>•
�FPr"aLTi>r
PA.e. CA.
k
DESCRIPTION !
P.O.H. mam & 9ow=
oESCwT w
6TA. z+oM14L Or rRNI
MUM RDM14+Kff IS
M404+57.11 GPLt&IO290dti•L
{ ti
AIRFI.1p®4706 SM
�'
f
Il
wtdrue6aalnmHmm o�
f
11
P.O.C._ -�
CLW&
pLA1+14,0
I II
�•
I
f3f i
f' � S1A.4RP+l0.0
fv
11
�
d,
Il
� m�s � srrLa+4e.1x
i �
1
I
'
i
f
r �y
T CWM0L AOM
f
j I
II+j
f
NE -SE J
f l
I
f 1700
!' I
SOL 6445M
srA 6i8G26
TCHLINE
��ENGINEERING .DIVISION
11i W. Wxm NOW.
k"t 4
K
JOCA614
s1L,,►
1d46
01824LSI, L a
{IXMOFQfA)
NW -SW I
6-16-84 ;
rI.
4lAhremi3e>a1�1 I
15 P411B[REiE
rI
I
If
r/r
rI
EXHIBIT A
MEADOW VALLEY T►4a[L
❑ of A Farm Trall Wo & PORi'i;R RQ
AIRSPACE EASEMENT STA WC TO 7490 aao,wrsr.w
13G1�'ICvR
rvas[S:Lf�� n .l
STATION 7+40
1
ENGINEERING DIVISION
l4�EADOW VALLEY TRAIL
�
e
snow
U of A Farm Tra„ 1-540 & PORTER Rn
..
a
„S W. m�N"
AHM AIRSPACE EASEMENT STA 7+00 TO 13+04
w
H41w. Lnc ,v— S µIR n. ......o�,
ARKANSAS STATE HIGHWAY
AND
TRANSPORTATION DEPARTMENT
Scott E. Bennett P.O. Box 2261
Director Q Little Rock, Arkansas 72203-2261
'telephone (501) 569-2000 Telefax (501) 569-2400
Voice TTY 711 D www.arkansashighways.com
Honorable Lioneld Jordan
Mayor, City of Fayetteville
1113 West Mountain Street
Fayetteville, AR 72701.
Dear Mr. Buchanan
May 30, 2013 RECEIVED
MAY 31 2013
CITY OF FAYETTEVILLE
MAYOR'S OFFICE
Re: U of A Farm Trail
Porter Road
Washington County
Airspace Permit
Enclosed you will find for your records, a copy of the Recorded Airspace Permit as filed in the
Washington County Circuit Clerks records.
If you have any questions or we may be of assistance regarding this matter, please feel free to
call me at (501) 569-2317.
Yours truly,
ole�� 0��k
Joel Clark
Property Manager
Right of Way Division
JDC
Enclosed
i
uminigial 1®111��f o
'00 I0: 016187110018 Type: REL
Kind: nISC
R+cord+d: p8117/201s at pg:lO:sB ali
fee ; "105.00 Pa�
st+ 1 of 1p
W6ahinps
Ky + Sylvester
ter Ciro clerk
F1102013--00016-443
JOB 4706-4
INSTRUMENT: AIRSPACE PERMIT
PERMITOR: ARKANSAS STATE HIGHWAY COMMISSION
PERMITEE: CITY OF FAYETTEVILLE
This instrument was prepared by the
Arkansas State Highway Commission
P.Q. Box 2261, Little Rock, Arkansas 72203
f
AIRSPACE PERNUT
CITY OF FAYETTEVILLE
U of A Farm Trail
Porter Road
This Airspace Permit ("Permit") is based upon the authority granted the Arkansas State
Highway Commission ("Commission") in Ark. Code Ann. § 27-67-304(b) (Repl. 1994), and the
Arkansas State Highway and Transportation Department ("AHTD" or "Department"), pursuant
to Commission Minute Order No. 2012-008, and is subject to the approval of the Federal
Highway Administration ("FHWA"). The parties to this Permit are the Department and the City
of Fayetteville, Arkansas ("City"). The City has requested use of certain lands owned by the
Commission, more fully set forth on Attachment "A", for a purpose that does not interfere with
the public use of the property for highway purposes. This Permit shall supersede and replace all
terms and conditions of any previous, if any, agreement between the City and the Department
governing the use of the property set forth on Attachment "A", ("Property"). See Attachment
"A" Legal Description and Right of Way Maps attached hereto and made a part hereof. And
also See Exhibit "A" U of A Farm Trail attached hereto and made a part hereof.
The City proposes to construct a "multi -purpose pedestrian trail", known as the U of A
Farm Trail, along Interstate 540 right of way and have the trail to the City to be constructed on
and near the locations set forth on Job Number 4706-4- U of A Farm Trail as Exhibit "A". The
Department's District Engineer has made a preliminary determination that such use will not
interfere with the public use of the property for highway purposes. However, any final
determination of such issue will not be made until detailed plans and specifications of the
improvements the City proposes to make have been submitted to the District Engineer for final
approval. The Commission will retain all right, title, interest, supervision, and jurisdiction in and
P;\Commission%AirSpwPermit•Ftycmvilic I W doc
over such lands. This Permit is a license only and does not convey or create any interest on the
part of the City in the lands set forth on Exhibit "A".
In addition to the foregoing plans to construct a "multi -purpose pedestrian trail' along
Interstate 540 right of way and have the trail known as the U of A Farm Trail, which was
requested by the City of Fayetteville, Arkansas, this Permit is for the City of Fayetteville to
construct and assume maintenance of the area of the "multi -purpose pedestrian trail' specified on
the attachment as Porter Road at Interstate 540 and Arkansas Highway 16 — Highway 112 in
Washington County for the purpose of providing a "multi -purpose pedestrian trail' to the City
with the U of A Farm Trail to the city.
In addition, the City understands and agrees that all costs will be borne by the City, that it
will be responsible for all Federal Emergency Management Agency (FEMA) and U.S. Army
Corps of Engineers (Corps), if any, permits and construction will be in accordance with the
requirements contained in and on Attachment "A". The Commission will retain all right, title
and interest in and to such lands. This Permit is a license only and does not convey or create any
interest on the part of the City in the lands described herein.
The Department hereby authorizes, subject to final approval and concurrence by the
FHWA, the Commission, the District Engineer and the City to use the property set forth on
Attachment "A", ("Property") for the terms, purposes and conditions herein set forth.
1) This Permit is expressly contingent upon the approval and concurrence of the FHWA
and submission of final plans and specification of the proposed improvements to the District
Engineer and his issuance of a permit to the City approving its plans and authorizing it to
proceed with construction of such permitted improvements.
P:SCanmissionWirSp=Permit-Fayetteville i 540.dx
2) This Permit shall be effective immediately upon its execution by the parties and is
intended to be perpetual, beginning immediately upon its execution and subject to the terms and
conditions contained herein; provided however, that either party shall have the right to terminate
this Permit, with or without cause, upon sixty (60) days written notice to the other patty.
3) The City shall use the Property only to construct a "multi -purpose pedestrian trail"
along Interstate 540 and Porter Road right of ways, known as the U of A Farm Trail, which
landscaping, irrigation, lighting and signage shall be shown on plans submitted to, and approved
by the District Engineer, by his issuance of a permit therefore, or such other use as is expressly
approved in advance and in writing by the District Engineer. Facilities and improvements
presently in place and approved under previous agreements between the Department and the City
shall be deemed approved. The City shall not use the Property in any way that interferes with
the Property's use for highway purposes.
4) Notwithstanding any other provision regarding termination of this Permit, this Permit
shall terminate upon five (5) days written notice to the City of Fayetteville, Arkansas, in the
event that the City's use of the Property is changed without the prior written consent of the
FHWA and the Department.
5) All improvements, excavation, construction, and any other condition on the Property
shall comply with the then -current AHTD Standard Specifications where applicable, including
those related to maintaining traffic flow and signs, and shall be subject to the approval of the
AHTD District Engineer for the area. All such improvements, excavation, construction, and
other conditions shall also be subject to FHWA concurrence where and if applicable.
6) No permanent or temporary improvements or alterations shall be made in, on, or upon
the site without the written consent and approval of the FHWA and the District Engineer.
P.WAo issionSAirSp=Pe it -Fayetteville F 540.doc
7) The City shall be solely and exclusively responsible for all costs associated with the
removal, modification, or relocation of any utility within the Property, which is caused by the
City's use of the Property.
8) The City shall be solely and exclusively responsible for payment of all taxes and
assessments that may be legally assessed on the Property as a result of any Permit issued
hereunder.
9) No signs, displays, or devices, may be placed within the right of way without the
written consent of the District Engineer. No signs, displays, or devices, other than traffic control
signs complying with the FHWA Manual on Uniform Traffic Control Devices, shall be erected
on the Property unless specifically permitted by the District Engineer. All signs during the
construction and maintenance on the Property shall conform to the FHWA Manual on Uniform
Traffic Control Devices, as amended. This paragraph shall not be construed to allow the
placement of any signs without the permission of the District Engineer.
10) The City, at its sole expense, shall keep and maintain the "multi -purpose pedestrian
trail" at all times in an orderly, clean, safe, and sanitary condition. The City shall comply with
all applicable federal, state, and local laws, ordinances and regulations while using, or in
possession of the Property, including without limitation all environmental laws and regulations
and FHWA regulations regarding the Property's use.
11) The City shall submit all construction plans for any proposed improvements on the
Property for approval by the District Engineer prior to commencing any work. Any work
performed by the City on the Property shall not unduly interfere with the flow of traffic.
12) The City agrees to occupy and use the Property at its own risk and expense,
P:1CommissionLAirspu*Pu ii-Faye¢evilleI54Q,doc
13) The City of Fayetteville does not waive its sovereign statutory immunity, but
acknowledges that the City has full legal responsibility for the proper design, construction,
maintenance and operation of this trail within the Arkansas Highway and Transportation
Department's right-of-way for I-540. The City acknowledges that the Highway Department and
Highway Commission have no duty or responsibility to users of this City trail, and therefore can
have no liability related to the design, construction, maintenance or operation of this City trail. If
the Arkansas Claims Commission ever grants a claim against the Highway Department or
Highway Commission for an injury or other damage to a person using this Fayetteville City Trail
within this Air Space Permit area, the City of Fayetteville agrees to pay this claim for the
Highway Department or Highway Commission.
14) The Commission, the Department, and the FHWA, and any officer, employee or
agent thereof, retain and shall have the right to enter the Property at any time without notice to
the City.
15) The Commission and Department reserve, and shall have the right, at their sole
discretion, to take immediate possession of the Property in case of any national or other
emergency (including temporary emergencies such as weather emergencies, traffic accidents,
hazardous material spills and other such events that may be hazardous or obstruct traffic), and for
the protection and maintenance of the highway facility, in which event the terms of this Permit
shall be suspended.
16) If the City violates any of the conditions contained in this Permit, or if the City
discontinues use of the Property for more than sixty (60) days, the Department may, without
notice, declare any Permit issued hereunder terminated.
P:%Commission\AirSpacePermit-Fayetteville 1540.doc
17) Upon termination of this Permit (or any permit issued hereunder) for any reason, the
City shall peaceably surrender the Property to the Commission in good order and repair,
excepting reasonable use and wear thereof, damage by earthquake, fire, public calamity, the
elements, or other unavoidable casualty. The Property shall be restored to its previous condition
at the expense of the City; provided, if any improvements are not removed after thirty (30) days
written notice from the Department to the City, the Department may: (a) proceed to remove the
improvements and restore the Property, and the City shall pay the Department upon demand the
reasonable cost of removal and restoration; or, (b) the Commission may, in its sole and absolute
discretion, elect to declare the improvements property of the Commission, whereupon all right,
title and interest of the City therein shall forthwith terminate and vest in the Commission. No
cost shall be attributed to the FHWA under any part of this Permit.
18) This Permit may not be assigned and all obligations and duties of the City hereunder
shall be considered non -delegable.
19) The City, as a part of the consideration hereof, does hereby covenant and agree that
no person shall be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of the facilities on account of race, color, sex, national
origin, or disability, and that in the construction of any improvements on, over, and under the
Property, and the furnishing of services thereon, no person shall be excluded from participation
in, denied the benefits of, or otherwise be subjected to discrimination on account of race, color,
sex, national origin, or disability. The City further covenants that it shall use the Property in
compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Effectuation of Title VI of the Civil Rights Act of 1964, as amended. In
P:1Commission44irSpamPamit-Fayetteville i 540.dm
the event of breach of any of the nondiscrimination covenants, the Department shall have the
right to terminate this Permit or any permit issued hereunder without further notice.
20) The Property shall retain its character as a public right of way and the City may not
charge any person a fee of any kind whatsoever to enter or use the Property, nor permit or
sublease the exclusive use of the Property to any individual, entity, association, or organization
of any kind whatsoever. No vending shall be allowed within the area of the Property.
21) It is understood that granting of this Permit to the City of Fayetteville, Arkansas,
does not impair or relinquish the Commission's right to use the Property for right of way
purposes for the construction, maintenance, or reconstruction of the traffic facility, nor shall use
of the land under this Permit ever be construed as abandonment by the Commission of land
acquired for highway purposes. The permitted use by the City shall remain subordinate to the
Commission's ownership and use of the property for highway purposes.
22) It is understood by the parties that this Permit may be executed in any number of
copies, each of which shall be deemed an original.
P:1CommissionlAirSpaoePermit-Fayetteville 1540.doe
Executed on this day of �'l , 2013.
ARKANSAS STATE HIGHWAY AND CITY OF FAYETTEVILLE, ARKANSAS,
TRANSPORTATION DEPARTMENT, PERMITEE
PERMITOR
By:
_ ydm��
Scott E. Bennett
Director of Highways and Transportation
W.w
r
ByAloc1d
Jord , ayor
By: � -� a� z rC lGyt �
Sondra Smith, City Clerk
,,,tp, i n r e grrrr�
I TR£R
.•bSY•Oc.- (�3?
="• FAYETTEVILLE;�
h
P:Wommission\AirSp=Pe it-Fayene ille 1 540-2A=
ACKNOWLEDGMENT
STATE OF ARKANSAS)
)ss
COUNTY OF PULASKI)
BE IT REMEMBERED that on this day came before the undersigned, a Notary Public,
within and for the County and State aforesaid, duly commissioned and acting, Scott E. Bennett,
to me well known as the Director of Highways and Transportation, who stated that he had
executed the foregoing Airspace Permit for and on behalf of the Arkansas State Highway
Commission, for the consideration and purposes therein mentioned and set forth and was
authorized so to act by proper resolution of the Commission in Minute Order No. 2012-008,
dated the 8'h day of February, 2012.
WITNESS my hand and seal as such Notary Public on this IXZZday of
2013.
Notary Public
My Com: mission Expires: -�s
P:1CammissionUirspacePe mit.Fay=vdk l 540.2.doc
ACKNOWLEDGMENT
STATE OF ARKANSAS)
) ss
COUNTY OF WASHINGTON)
BE IT REMEMBERED that on this day came before the undersigned, a Notary Public,
duly commissioned, qualified and acting within and for said County and State aforesaid, the
within named Lioneld Jordon and Sondra Smith, to me well personally known, who stated that
they were the Mayor and the City Clerk, respectively, of the City of Fayetteville, Arkansas, and
were duly authorized in their capacities to execute the foregoing instrument for and in the name
of and on the behalf of said City of Fayetteville, Arkansas, and further stated and acknowledged
that they 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 seal this z day of
2013.
Public
My Commission Expires:_�
�k.�i'�'�bTM1i3Y
- - dig► '�^�
fj�rY t;{3t��
P.W,ommissionlAirSpwcPamit•Faycmvilic l 340-2.doc
hWLT14filRPt]SE PM)=T M TRAIL
CENTRUMU DESCRIPTWN
AM JOB 4706,SBC. 4
FW. AID PROJECT ng "11.3(45)
HWY.16—EM.112
WHM AS, the City of FWibovflle, washrogton Cm*. Adaansas. has requested an
Permit to use cmbk hfAw y ti&� oar. located in the CIW OfFacitmille, and owner me
Admsas 8 �Htgtivrtayr and 'lkansportaHon Depmrtmant, a 22' wide easement for the purp m of
oowtnwft oentedfae 0faafd Pedas{rian ll1 Wide �edosodbad�as f & Trall under the, I 540 bridge at Patter Rog Qte
A part 0fthe Bast Half (1311) of the Sou&w Quattea (SE 1) of Section Six (6) and a part of tits
Soui6we4 Qnrft (SW y) 0fthe Sautftwest Quatter (SW VQ of Section Five (5), all befog ht
T'0wnshlp Sb t m (16) NOM6 Range T I by (30) Wear, Was111139 ou County, Ad®asas, bft
mote particularly dasod bed as follows:
OMM04ft at a 9mnd aluminum AHM right-0f-way monument (am qed 2012 P.S. 61201) on
the N0rthwes0er(y rigid-0f-way Ifnc of 1-540 at ConsfruotI?on CmtWine Station 403+90 00, offset
344.76 Eeat W as gar AATM, ]'013 NO, 4706, Sea 4; thence along said dg d_of ay BIIe NW&
66°59'07" Bast 91.80 het to the PODM OF MIDI d U NCi being at omftdfm Station 2+0311 of
aeid MUM4�MP= Pedestrian Vail, said point being at said C onstruotfou C mtedhw StWou
404M.11, 29605 That loft of said ratersmLa 540; thane leaving said rtg)tt of way, ilea along said
dine of Bald trail an a 159"09 18" degree of mw d& an am length of 32.10 fid to Station
2+35.71; thence oontianfug along avid ccm*tfne Sit OV06'48" Best 113AI that to Station
3+49.17, them oontioning along said aeotaafine South 04°16'15" West 56.16 feet to SWO,
4+05.28; thane continuing along said centedioe South 0203412e West 24035 that to Sudan
6+85.26; aim waamdag along said cmtadtne South 03°48'15" Bast 39.63 that to to Station
continuing along said centarihm South 02059'28" Bast 63.77 fiOt to &&a
7+49.02; ftm wing along said centarihte South 01053'03" West 123.32 that to Steam
000nt'nufng along Odd ccUterflue South 04°30'13" West 93.76 feat to Station
9+66.11; thane atinuing along said centerline South 03°26'22" West 91.99 mat to Station
10+58.10; thenoo coutiunhIg along said aelmerllne South 08°37'Orwast 22.84 feeet to Station
10+80.94; thanes continuing along said centerlhne South 01°32' 15" West 81.70 &at to Station
11+62.63; dwmM along said centadime cm a 1145°5C56" degree of our" left an Mo leng& of
that to Station 11+70.62;
X0 thence oontinuing along aetd oeuter[hte Nor& 89°59'42" But
38.03 East to Statue 12+08.65; thence along said outtarline on a 2SM'44" degree curve to the
right an am length of 36.15 feet to Station 12 W.S0; thence oontiaufag along said aedethrta
South 130341W West 11.79 ti:ot to Station 12+56.59; thane 0o�ug along said o an
m
a 103114'08" carve to the tenon no length of 46.01 fbet'to the terminus at Station 13+-Q237,
being on lira AHTD Clgntrol-cf A.00ass ri&-off Tina of �540 at Cons motion C�iue
Station 396+30.33, offset 334.88 rlgbt par said AMID, MB NO.4706. Sea 4, said ftmh us also
befog distant South 01°51'54" West20.08 feet from a found iron pin with an ARTD fight -of -ray
sign, said pin being at add Construction Centerline Station 3964 47.05, offset 324.33 dght.
Attachment "A"
PiC—'W=i00WMgace%Wt-Faycfty lla 1 $0 11-26-"t2A%.
vvv��i
NNE
HPI
N�
In
�'a;
o�ALMENGINEERING
DIVISION
U of A Pam Trail
1
,1]},jU
of A Farm TnM 6W & PORTER RD
.4b.
AHTD ARSPACp EASEdIW PERW
sc
6C
G
6G
^.GA
aI
Z -n
c m
rn� �a
a
qn
s�Q r
s
y C'7
Q
m
�a
W
m
m
c
ENGINEERING DIVISIO
oW,WP WRD
UMEAA
..�
.14 Y. mouKrMI slow
AIRSPACE FJISEMENf CpKiROL SHEET
�
»
c-r■cr-�ry:.:� rir:a�� �crLL�na—���-*-'gym:-�
prerT�—L?:1�[� CIC-"il^.-'J�n:^i���ca•Y:'�c�:r . r � -
+DIY:.=:. i•f?:�I■loss
7t 1 ;�1':•a 1
11' ��ENGINEERING .DIVISI01 MFr4DowVAtLEPORTER u of AUE rD gran L a Pow Rn
ru w ■olnrrYlor sr�ari AIRSPACE EASEMENT STA OM TO 7400 .,.......»
MATCHLINE
,
� Siq/Roebe{teld
I
1
f
I
�� QP NE-SE6-15-30
j
I
rrr
.nLnwmro--�
/pLn.rars>�-
/m --1qf ■
E>!1>nO.CFA= a
eeesoF noxmoLa/u�a—�
!DL il+M�
tearR
COMIIILLONCOf57
f SE -SE
MIMMUSM
�.w
• mnl0e.ew:
0 .mn ewe
• eon eser rw
,rIM A V STATION 7+40
OT TI
e eappatfoti
LM
`4id1
I
dA' MEMO
umARd.Red
NW -SW
S•16-30
t0aa16A
�-rrx u+un ra
SWSW
6-16-30
C/IIIt10LOrAfAE6e
u.wort
tt.asa ro
/m /
\ OlfY111dL �
/ 6-1 "o ...-� - pix.pa anus
� /DLs+vequcan
} eriLu�IN OF VAOW
CL 4e 11aR /pL e//MeJ1.114 Off.WLR
/Iq em AM,04M.1
1 EMMI T A
l
ENGINEERING ,DIVISION �" MMOWVAUEYTML
� ,Ta W. ene/TTAw nRar
u of A Farm trap [ W & PORTER M
'� n MM AIRSPACE EASEMW STA 7+00 TO 13 "
Hefter. flb AVM 2. 2012 16 hdb �- %b* -W Dedpn-pem�