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HomeMy WebLinkAbout185-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 185-17 File Number: 2017-0440 UNIVERSITY OF ARKANSAS EASEMENT: A RESOLUTION TO APPROVE THE CONVEYANCE OF A PERMANENT ACCESS EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT TO THE UNIVERSITY OF ARKANSAS ACROSS THE SOUTH PORTION OF THE FIRE STATION NO. 6 PROPERTY LOCATED AT 900 SOUTH HOLLYWOOD AVENUE WHEREAS, the University of Arkansas is planning to construct a large remote parking lot south of Martin Luther King, Jr. Boulevard West of South Beechwood Avenue and granting an access easement across City property will allow for vehicular connectivity to South Hollywood Avenue; and WHEREAS, the Fire Chief has determined that neither of the easements will interfere with current fire operations or future plans for the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute the access easement attached to this Resolution in favor of the University of Arkansas for the purpose of granting permanent access across City -owned property between a new remote parking lot and Hollywood Avenue and temporary access during construction. PASSED and APPROVED on 9/5/2017 Page 1 Printed on 916117 Resolution: 185-17 File Number.- 2017-0440 Attest: Sondra E. Smith, City Clerk Treasurer Page 2 Printed on 916117 . City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File -- File Number: 2017-0440 Agenda Date: 9/5/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 10 UNIVERSITY OF ARKANSAS EASEMENT: A RESOLUTION TO APPROVE THE CONVEYANCE OF A PERMANENT ACCESS EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT TO THE UNIVERSITY OF ARKANSAS ACROSS THE SOUTH PORTION OF THE FIRE STATION NO. 6 PROPERTY LOCATED AT 900 SOUTH HOLLYWOOD AVENUE WHEREAS, the University of Arkansas is planning to construct a large remote parking lot south of Martin Luther King, Jr. Boulevard West of South Beechwood Avenue and granting an access easement across City property will allow for vehicular connectivity to South Hollywood Avenue; and WHEREAS, the Fire Chief has determined that neither of the easements will interfere with current fire operations or future plans for the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute the access easement attached to this Resolution in favor of the University of Arkansas for the purpose of granting permanent access across City -owned property between a new remote parking lot and Hollywood Avenue and temporary access during construction. City of Fayetteville, Arkansas Page 1 Printed on 9/6/2017 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2017-0440 Legistar File ID 9/5/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/7/2017 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends granting an access easement to the University of Arkansas to allow for the construction of a parking lot access road to be located on the south edge of property owned by the City of Fayetteville for the Fire Station #6. Budget Impact: N/A N/A Account Number - N/A Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: V20140710 Fund N/A Project Title Current Budget $ Funds Obligated $ Current Balance I Item Cost Budget Adjustment $ Remaining Budget r Approval Date: V20140710 CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 5, 2017 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: August 7th, 2017 CITY COUNCIL MEM© SUBJECT: 2017-0440 University of Arkansas Access Easement RECOMMENDATION: Staff recommends granting an access easement to the University of Arkansas to allow for the construction of a parking lot access road to be located on the south edge of property owned by the City -of Fayetteville for the Fire Station #6. BACKGROUND: The University of Arkansas is planning to construct a large remote parking lot along the west side of Beechwood Ave. south of MLK Jr. Blvd. To improve vehicular connectivity of this parking lot, an access road west to Hollywood Ave. is proposed. This access road will cross property owned by the City of Fayetteville as part of fire station #6. Chief Dayringer has reviewed the proposed access road and determined -it will not create any issues with operations of the fire station or for the future for the property. The proposed parking access road will cross the Tsa La Gi Trail and will take the place of a trail spur to Hollywood Avenue. Staff has worked with the U of A planning staff to include an enhanced trail crosswalk along with a sidewalk to connect to Hollywood Ave to insure the safety of the trail users. DISCUSSION: The University of Arkansas has been very supportive of the trail system by granting many trail easements across their property free of charge. This support from property owners is essential to creating a connected trail network. Granting of the access easement for the parking access road will continue this partnership for public improvements. BUDGET/STAFF IMPACT: None Attachments: Access Easement Document — Tract No. UA -70 Schematic Parking Layout Mailing Address: 113 W. Mountain Street www.fayetteville-argov Fayetteville, AR 72701 Tract No. UA -70 Page I of 3 June 1, 2017 ACCESS EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT the undersigned, City of Fayetteville, Arkansas hereinafter called GRANTOR, for and in consideration of the sum of $1.00 and other valuable consideration, the receipt of which is hereby acknowledged, do hereby grant and convey unto the University of Arkansas, and its assigns hereinafter called GRANTEE, an Access Easement for construction, and maintenance, of an -access drive to, from, and over the following described lands lying in WASHINGTON COUNTY, ARKANSAS, to -wit: Parcel No.: 765-12173-000 Deed Book 94 Page 45551 Property Description: A part of the Northeast Quarter (NE '/4) of the Northwest Quarter (NW '/4) of Section Twenty (20), Township Sixteen (16) North, Range Thirty (30) West, also known as part of Block Numbered Seven (7) and a part of Block Numbered Four (4) in the Re -plat of Westwood Addition to the City of Fayetteville, Arkansas, as shown upon the recorded plat thereof, on file in the office of the Circuit Clerk and Ex - Officio Recorder of Washington County, Arkansas, more particularly described as follows, to -wit: Commencing at the Southwest corner of said NE`/4 of the NW '/4 said point being and existing stone; thence South 88° 53' 00" East a distance of 200.00 feet to a railroad spike on the east right of way line of Hollywood Avenue; thence North 00° 36'29" East along said east right of way 150.00 feet to the POINT OF BEGINNING; thence continuing North 00° 36'29" East along said east right of way line a distance of 650.66 feet; thence leaving said East right of way line South 88° 53' 00" East a distance of 282.33 feet to the west line of the Love Box Company, Inc. property as recorded in Deed Book 882 at page 550; thence South 00° 22' 07" West along said west line a distance of 350.66 feet to the north line of Block Eight (8) of said Westwood Addition; thence North 88° 53' 00" West a distance of 125.89 feet to the Northwest corner of said Block Eight (8); thence South 000 51' 00" West along the west line of said Block Eight (8) a distance of 300.00 feet; thence North 880 53' 00" West a distance of 156.64 feet, more or less, to the POINT OF BEGINNING, containing 3.36 acres, more or less. LESS AND EXCEPT the South 100 feet of the above described tract, said exception being more particularly described as follows: A part of the NE '/4 of the NW 1/4 of Section Twenty (20), Township Sixteen (16) North, Range Thirty (30) West, also known as part of Block Numbered Seven (7) in the Re -plat of Westwood Addition to the City of Fayetteville, Arkansas, as shown upon the recorded plat thereof on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, and being more particularly described as follows: Commencing at the Southwest corner of said NE '/4 of the NW '/4, said point being an existing stone; thence South 88° 53' 00" East a distance of 200.00 feet to an existing railroad spike on the east right of way line of Hollywood Avenue; thence North 00° 36' 29" East along said right of way line a Tract No UA -70 McGoodvM, Williams & Yates Blo 138117 Tract No. UA -70 Page 2 of 3 June 1, 2017 distance of 150.00 feet to the POINT OF BEGINNING; thence North 00° 36'29" East along said right of way line a distance of 100.00 feet; thence leaving said east right of way line South 88° 53' 00" East a distance of 157.06 feet to the east line of said Block Numbered Seven (7); thence South 00° 51' 00" West along the east line of Block Numbered Seven (7) a distance of 100.00 feet; thence North 88° 53' 00" West a distance of 156.64 feet to the POINT OF BEGINNING containing 0.36 acres, more or less. Permanent Access Easement Description: A permanent Access Easement, located in the Northeast Quarter (NE '/a) of the Northwest Quarter (NW '/a) of Section 20, Township 16 North, Range 30 West in Washington County, Arkansas, across Grantor's above described property described as follows: Commence at the stone marking the southwest corner of said forty acre tract and run thence South 86° 57' 13" East a distance of 200.00 feet to the ease right of way line of Hollywood Avenue; thence North 02° 27" 05" East along said east right of way line a distance of 249.81 feet to Grantor's southwest property corner; thence continue North 02° 27' 05" East along said right of way line a distance of 70.14 feet to the TRUE POINT OF BEGINNING of this permanent easement description; thence continue North 02° 27' 05" East along said right of way line a distance of 56.00 feet; thence leaving said east right of way line South 86° 57' 13" East a distance of 158.04 feet to the east property line of Grantor's said property; thence South 02° 46' 47" West along said east property line a distance of 56.00 feet; thence leaving said east property line North 86° 57' 13" West a distance of 157.72 feet to the -Point of Beginning, containing 8,841 square feet or 0.20 acres, more or less. Temporary Construction Easement Description Also, a temporary construction easement adjacent to each side of the above described permanent easement as shown on the Exhibit A sketch for work necessary for the completion of project construction. This temporary construction easement shall terminate when the project construction is completed and accepted by the -University of Arkansas. A sketch of this grant is attached as exhibit "A" and is to be considered as a part of this easement deed document. It is understood that this sketch is descriptive only of the size, shape and location of the easement and does not constitute a plat or survey of the Grantors' property. The Grantor or his successors shall not cause to be constructed any buildings, structures or other improvements within the above described easement, and no trees shall be planted by Grantor or his successors on said easement. Grantor or his successors shall not be entitled to any compensation for trees or vegetation which may be removed or disturbed within this permanent easement by virtue of Grantees' exercise of the rights under this agreement, unless agreed upon in writing among the Grantor and Grantee. Grantee agrees to repair any damage to Grantor's existing concrete trail that result from the exercise of rights and privileges contained within the easement and right of way described herein. Said damages shall be restored by Grantees as close as is reasonable to the original condition. It is further understood that Grantee's easement shall be exclusive and the Grantor or his successors shall convey no parallel rights to any person, utility, or corporation on, across, or under said right of way without the express written permission of Grantees. Unless sooner terminated, this Right-of-way Easement shall be perpetual unto Grantee, until Grantee abandons it. Tract No. UA -70 McGoodwin, Williams B Yales BP 817117 Tract No. UA -70 Page 3 of 3 June 1, 2017 We, the undersigned GRANTORS, do relinquish and release unto the said GRANTEE, its successors and assigns, all of our respective rights of homestead, dower, curtesy in regard to the easement herein conveyed. 00, WITNESSYur 1 s nd seals this ' " day of4"RA, 20(`7. STATE OF ARKANSAS ) ) ss COUNTY OF WASHINGTON) ACKNOWLEDGMENT On this day, before me, a Notary Public duly commissioned and acting for the State and County aforesaid, personally appeared representatives of the City of Fayetteville, Arkansas, who acknowledged that the City of Fayetteville, Arkansas is the Owner of the above -referenced real estate, and that they have executed the foregoing instrument for the purposes and consideration therein contained. Witness my hand and seal as such Notary Public this _day ofGr 20. My Commission Expires: A PUBLIC Traci Na UA -70 McGoodwin, Williams & Yalas BP W117 I N 02'27'05" E 56.00' N 02'27'05" E 70.14' .• t'e y M STONE AT THE SW CORNER OF THE NE X NW A OF SECTION 20, T -16-.N,1' R -30-W S 86'57'13" E 200.00' a 0 0 J J 0 2 A a 0 0 O J 0 2 PARCEL 765-12173-000 CITY OF FAYETTEVILLE, ARKANSAS S 86'57'13" E 158.04' S 02'46'47" W 56.00' \11-W 86'57'13" W� 157.12' N.T.S. LEGEND O � N -------- EXISTING RIGHT OF WAY' LINE a a EXISTING PROPERTY LINE Z EDGE PERMANENT EASEMENT EDGE TEMPORARY EASEMENT PERMANENT EASEMENT TEMPORARY EASEMENT DATE: JUNE 1, 2017 77EXHIBIT A DRAWING TO ACCOMPANY % ACCESS EASEMENT DOCUMENT GLO FOR THE UNIVERSITY OF ARKANSAS Ctoodwin Williams ff Mares' CITY OF FAYETTEVILLE, ARKANSAS° FAYETTEVILLE, ARKANSAS Englneering Eon(leente �;-7� PARCEL NO. 765-12173-000 4ZC '1fvl%- AVY,