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Home My WebLink About94-20 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 94-20 File Number: 2020-0174 MULTI -USE TRAILS EASEMENT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO CONVEY A MULTI -USE TRAILS EASEMENT TO THE CITY OF SPRINGDALE TO ALLOW A NATURAL SURFACE MOUNTAIN :BIKE TRAIL TO CROSS THROUGH CITY OF FAYETTEVILLE PROPERTY WHEREAS, the NWA Trailblazers and the City of Springdale are developing natural surface mountain bike trails around Fitzgerald Mountain in Springdale and they have requested access across a portion of City of Fayetteville property on which a water tower is located; and WHEREAS, the Utilities Department has determined that granting the easement will not interfere with the City's current or future use of the property and supports the request. 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 sign a Multi -Use Trails Easement, a copy of which is attached to this Resolution, allowing the City of Springdale to construct a natural surface mountain bike trail across City of Fayetteville property. PASSED and APPROVED on 3/16/2020 Page 1 Printed on 3117120 File Number.' 2020-0174 Resolution 94-20 Attest: Kara Paxton, City Clerk Treasurer; FAYEITEVILLE;z= s'•9�QkA NSP •�' �: icy •.• •,•'X � Page 2 Printed on 3117/20 ..r -. 113 West Mountain Street City of Fayetteville, Arkansas FF' = Fayetteville, AR 72701 (479) 575-8323 F Text File File Number: 2020-0174 Agenda Date: 3/16/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 8 MULTI -USE TRAILS EASEMENT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO CONVEY A MULTI -USE TRAILS EASEMENT TO THE CITY OF SPRINGDALE TO ALLOW A NATURAL SURFACE MOUNTAIN BIKE TRAIL TO CROSS THROUGH CITY OF FAYETTEVILLE PROPERTY WHEREAS, the NWA Trailblazers and the City of Springdale are developing natural surface mountain bike trails around Fitzgerald Mountain in Springdale and they have requested access across a portion of City of Fayetteville property on which a water tower is located; and WHEREAS, the Utilities Department has determined that granting the easement will not interfere with the City's current or future use of the property and supports the request. 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 sign a Multi -Use Trails Easement, a copy of which is attached to this Resolution, allowing the City of Springdale to construct a natural surface mountain bike trail across City of Fayetteville property. City of Fayetteville, Arkansas Page 1 Printed on 311712020 City of Fayetteville Staff Review Form 2020-0174 Legistar File ID March 17th, 2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Matt Mihalevich 2/19/2020 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Staff requests granting of a multi -use trails easement to the City of Springdale to allow a natural surface mountain bike trail to cross City of Fayetteville Utilities property where a water tower is located in Springdale. Original Contract Number: Comments: Budget Impact: N/A N/A Account Number Fund N/A N/A Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ - V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: J1 CITY 01= FAYETTEVILLE ARKANSAS MEETING OF MARCH 17TH, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: February 20th, 2020 CITY COUNCIL MEMO SUBJECT: 2020-0174 Trail Easement to the City of Springdale RECOMMENDATION: Staff requests granting of a multi -use trails easement to the City of Springdale to allow a natural surface mountain bike trail to cross City of Fayetteville Utilities property where a water tower is located in Springdale. BACKGROUND: The NWA Trailblazers in partnership with the City of Springdale are developing natural surface mountain bike trails around Fitzgerald Mountain in Springdale. The City of Fayetteville Utilities Department owns parcel 815-28668-010 where a water tower is located. To connect the Fitzgerald mountain bike trails, access in needed across the City of Fayetteville Utilities property. DISCUSSION: The NWA Trailblazers approached staff to request approval of a multi -use trail easement to allow them to construct the soft surface mountain bike trail across City of Fayetteville Property. Staff has worked with the City Attorney's office and the Utilities Director to develop the acceptable multi -use easement document that is attached. Specific language was requested to be added and is shown below. "The Grantor agrees not to erect any buildings or above -ground structures in said permanent easement. Grantor retains the right to excavate and to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, within the permanent easement. Grantor agrees to notify Grantee of any such work within the permanent easement. Grantor agrees to attempt to restore any disturbed area within the permanent easement to a usable condition; however, Grantor does not guarantee that such disturbed area will be restored to the condition prior to the commencement of work." BUDGET/STAFF IMPACT: None Attachments: Multi -use Trails Easement Document and Map Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 it j -,j 0 4 IN mad 7v Approximate Locaction of Property Line Proposed Location of Soft Surface T it - kf J1 Security Fence around Water Tower MULTI -USE TRAILS EASEMENT PROJECT NO. Fitzgerald Mountain Bike Trails PARCEL NO. 815-28668-010 TRACT NO. STATE OF ARKANSAS COUNTY OF WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations to the undersigned, City of Fayetteville, Arkansas, a municipal corporation paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND CONVEY unto the City of Springdale, Arkansas, a municipal corporation (herein styled Grantee), its successors and assigns forever, the easement for the purpose of constructing, maintaining, repairing and replacing a public trail on, over, across and under the following described real estate, to -wit: Property Description A TRACT OF LAND AS DESCRIBED IN WARRANTY DEED. BOOK 762, PAGE 200 OF THE INSTRUMENT RECORDS OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS: Part of the Southeast quarter of the Northeast quarter of Section thirty (30), Township eighteen (18) North of Range twenty nine (29) West, and being more particularly described as follows: Beginning at the South East corner of said forty acre tract, and running, thence North two hundred seventy (270) feet; thence West two hundred (200) feet, thence South two hundred seventy (270) feet; thence East two hundred (200) feet to the point of beginning. MULTI -USE TRAIL EASEMENT DESCRIPTION PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE NORTHEAST QUARTER (NE1/4) OF SECTION 30, TOWNSHIP 18 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE SE CORNER OF THE SE1/4 OF THE NEI/4 OF SAID SECTION 30; THENCE S88054'45"W 200.00 FEET TO THE POINT OF BEGINNING; THENCE N01005'15"E 99.35 FEET; THENCE N31018'10"E 104.18 FEET; THENCE N45008'30"E 112.17 FEET; THENCE S88054'45"E 69.57 FEET; THENCE S45008'30"W 154.48 FEET; THENCE S31018'10"W 183.97 FEET TO THE POINT OF BEGINNING, CONTAINING 13,870.21 FEET OR 0.32 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. The Grantor agrees not to erect any buildings or above -ground structures in said permanent easement. Grantor retains the right to excavate and to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, within the permanent easement. Grantor agrees to notify Grantee of any such work within the permanent easement. Grantor agrees to attempt to restore any disturbed area within the permanent easement to a usable condition; however, Grantor does not guarantee that such disturbed area will be restored to the condition prior to the commencement of work. Together with the rights, easements and privileges in or to said lands which may be required for the full enjoyment of the right herein granted. It is hereby understood and agreed that the party securing this grant on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. TO HAVE AND TO HOLD the same unto the said City of Springdale, Arkansas, and to its successors and assigns forever. WITNESS the execution hereof this the day of itArc k 2020. ATTEST: Kara Paxton, r --if Clerk reasurer ; FAYETTE i1*�'''G �, O"A ````�� ACKNOWLEDGEMENT STATE OF ARKANSAS )SS COUNTY OF WASHINGTON ) On this the _&day of 20 ', before me, a Notary Public, qualified and acting, within and for the said County and State, appeared in person the within named Lioneld ,Jordan and Kara Paxton, to me personally known and who stated they are the Mayor and City Clerk Treasurer of the City of Fayetteville. Arkansas. a municipal corporation. and that they are duly authorized in their respective capacity 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. IN TESTIMONY WH hereunto set my hand and official seal this /&P—day of My Commission °)` �OTARi - �� Cn ---�--- 2�'�� P(J13 Exhibit A S88'54' 45"E 69.57' I 10 ",I0iII I vI A** ISI I I rO �f SO. Io O 40, ' I, .'CITY OF ' FAYETTEVILLE P.N. 815-28668-0I0 O Ln ol rnco W e O 0 O 0 FENCE O , I I It P.O.B. SE COP-INEI2 SEI/4, NEI/4 SECTION 30 T -18-N, 12-29-W .r 1 EXI�IBIT T N.T.S.