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Home My WebLink About106-20 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 106-20 File Number: 2020-0268 CROSS CHURCH, INC.: A RESOLUTION TO AUTHORIZE AN AGREEMENT WITH CROSS CHURCH, INC. FOR ACQUISITION OF A WATER/SEWER EASEMENT REQUIRED FOR UTILITY RELOCATIONS ASSOCIATED WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION I-49 AND WEDINGTON INTERCHANGE PROJECT 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 an agreement with Cross Church, Inc. for acquisition of a water/sewer easement required for utility relocations associated with the Arkansas Department of Transportation I-49 and Wedington Interchange Project. A copy of the Agreement is attached hereto and made a part hereof. PASSED and APPROVED on 4/7/2020 Approved/ --� Attest:�f Ri-'��r� FAYETTEVILLE Kara Paxton, City Clerk Treasured ' 11 /Z .�� '," i Page 1 Printed on 418120 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File 0- File Number: 2020-0268 Agenda Date: 4/7/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 3 CROSS CHURCH, INC.: A RESOLUTION TO AUTHORIZE AN AGREEMENT WITH CROSS CHURCH, INC. FOR ACQUISITION OF A WATER/SEWER EASEMENT REQUIRED FOR UTILITY RELOCATIONS ASSOCIATED WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION I-49 AND WEDINGTON INTERCHANGE PROJECT 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 an agreement with Cross Church, Inc. for acquisition of a water/sewer easement required for utility relocations associated with the Arkansas Department of Transportation I-49 and Wedington Interchange Project. A copy of the Agreement is attached hereto and made a part hereof. City of Fayetteville, Arkansas Page 1 Printed on 41812020 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2020-0268 Legistar File ID 4/7/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/18/2020 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of an agreement between the City of Fayetteville and Cross Church, Inc. for the acquisition of a permanent utility easement associated with the utility relocations for the 1-49 and Wedington Interchange Project. Budget Impact: 5400.720.5600-5810.00 Water and Sewer Account Number Fund 11011.1801 Water/Sewer Relocations - Bond Projects Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 14,669,988.00 $ 6,822,326.99 $ 7,847,661.01 $ 240,000.00 $ 7,607,661.01 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF _ FAYETTEVILLE ARKANSAS MEETING OF APRIL 7, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer DATE: March 18, 2020 CITY COUNCIL MEMO SUBJECT: Agreement for Water/Sewer Easement Between the City of Fayetteville and Cross Church, Inc. RECOMMENDATION: Staff recommends approval of an agreement between the City of Fayetteville and Cross Church, Inc. for the acquisition of a permanent utility easement associated with the utility relocations at the I-49/Wedington interchange. BACKGROUND: The City has completed engineering design and permitting through Burns & McDonnell Engineering Company, Inc. for utility relocations associated with the ArDOT reconfiguration of the 1-49/Wedington Interchange. ArDOT intends to advertise the interchange construction project in the Fall of 2020. On February 6th, 2020 the City of Fayetteville accepted sealed competitive bids for the 1-49/Wedington Interchange Utility Relocations project. Forsgren Inc. submitted the lowest bid of $2,495,705.00 and construction is expected to begin in early April 2020. DISCUSSION: An 8-inch waterline and 12-inch sewer line are to be relocated within a new 25,398 square foot easement on the Cross Church property located at 2801 W. McMillan Drive. This agreement spells out the terms of this transaction. Payment of $240,000 will be made, which is 100% reimbursable from ArDOT to the City. Additional terms include replacement of landscaping and irrigation systems that will be disturbed and correction of damaged pavement and curbing. BUDGET/STAFF IMPACT: Funding in the amount of $240,000 for the easement acquisition is available from the Water/Sewer Relocations — Bond Projects account. This full amount will later be reimbursed from the Arkansas Department of Transportation. Attachments: Utility Easement Document Agreement Utility Relocation Plan Sheets Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Project: WedhgtoN1 49 Utility Relocation Parcel No. 765-M33-000 Tracts No. 3 and 4 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Cross Church, Inc., an Arkansas nonprofit corporation, hereinafter called GRANTOR. for and in consideration of the sum of Two Hundred Forty Thousand Dollars ($240,000.00) and other goad and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement and a temporary construction and grading easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (DEED REF. 2016-17098) LOT NUMBERED 8, MCMILLAN ESTATES, FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT FILED FOR RECORD IN PLAT BOOK 23 AT PAGE 33, RECORDS OF WASHINGTON COUNTY, ARKANSAS. AND (DEED REF. 2016-22603) LOT NUMBERED 9, MCMILLAN ESTATES, FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT FILED FOR RECORD IN PLAT BOOK 23 AT PAGE 33, RECORDS OF WASHINGTON COUNTY, ARKANSAS. PERMANENT EASEMENT DESCRIPTION: PART OF LOTS 8 AND 9 OF MCMILLAN ESTATES SUBDIVISION ACCORDING TO PLAT BOOK 23, PAGE 33 OF THE PUBLIC RECORDS OF WASHINGTON COUNTY, ARKANSAS; BEING PART OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND'/" REBAR BEING USED AS THE SOUTHWEST CORNER OF SAID LOT 9 AND THE SOUTHEAST CORNER OF SAJD LOT 8; THENCE NORTH 01'42'18" EAST, ALONG THE WEST LINE OF SAID LOT 9 AND THE EAST LINE OF SAID LOT 8, A DISTANCE OF 409.14 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE EAST LINE OF PERMANENT UTILITY EASEMENT; THENCE SOUTH 51°55'53" WEST, ALONG THE EAST LINE OF SAID PERMANENT UTILITY EASEMENT, A DISTANCE OF 185.61 FEET TO A POINT; THENCE SOUTH 44°23'52" WEST, ALONG THE EAST LINE OF SAID PERMANENT UTILITY EASEMENT, A DISTANCE OF 218.92 FEET TO A POINT; THENCE SOUTH 27°29'35" EAST, ALONG THE EAST LINE OF SAID PERMANENT UTILITY EASEMENT, A DISTANCE OF 28.53 FEET TO A POINT; THENCE SOUTH 17°30'25" WEST, ALONG THE EAST LINE OF SAID PERMANENT UTILITY EASEMENT, A DISTANCE OF 75.17 FEET TO A POINT; THENCE NORTH 86°21'59" WEST, ALONG THE SOUTH LINE OF SAID PERMANENT UTILITY EASEMENT, A DISTANCE OF 50.67 FEET TO A POINT; THENCE NORTH 03°44'29" EAST, ALONG SAID PERMANENT UTILITY EASEMENT, A DISTANCE OF 5.56 FEET TO A FOUND'/" REBAR; THENCE NORTH 88007'19" WEST, ALONG THE SOUTH LINE OF SAID PERMANENT UTILITY EASEMENT, A DISTANCE OF 44.23 FEET TO A POINT, SAID POINT BEING ON THE EXISTING SOUTH RIGHT OF WAY LINE OF U.S. INTERSTATE 49 (U.S. HIGHWAY 71) AS ESTABLISHED BY ARDOT JOB #4731; THENCE NORTH 20°52'39" EAST, ALONG THE WEST LINE OF SAID PERMANENT UTILITY EASEMENT AND THE EXISTING SOUTH RIGHT OF WAY LINE OF U.S. INTERSTATE 49 (U.S. HIGHWAY 71) AS ESTABLISHED BY ARDOT JOB #4731, A DISTANCE OF 16.58 FEET TO A POINT, SAID POINT BEING ON THE PROPOSED SOUTH RIGHT OF WAY LINE OF U.S. INTERSTATE 49 (U.S. HIGHWAY 71) AS ESTABLISHED BY ARDOT JOB #BB0411; THENCE NORTH 40°21'03" EAST, DEPARTING THE EXISTING SOUTH RIGHT OF WAY LINE OF SAID U.S. INTERSTATE 49 (U.S. HIGHWAY 71 AND ALONG THE WEST LINE OF SAID PERMANENT UTILITY EASEMENT AND THE PROPOSED SOUTH RIGHT OF WAY LINE OF SAID U.S. INTERSTATE 49 (U.S. HIGHWAY 71), A DISTANCE OF 113.17 FEET TO A POINT; THENCE NORTH 44'03'39" FAST, ALONG THE WEST LINE OF SAID PERMANENT UTILITY EASEMENT AND THE PROPOSED SOUTH RIGHT OF WAY LINE OF WATERISEWER EASEMENT Page 2 SAID U.S. INTERSTATE 49 (U.S. HIGHWAY 71), A DISTANCE OF 213.41 FEET TO A POINT; THENCE NORTH 51055'53" EAST, ALONG THE NORTH LINE OF SAID PERMANENT UTILITY EASEMENT AND ALONG THE PROPOSED SOUTH RIGHT OF WAY LINE OF SAID U.S. INTERSTATE 49 (U.S. HIGHWAY 71), A DISTANCE OF 189.24 FEET TO A POINT; THENCE NORTH 38°58'40" EAST, ALONG THE WEST LINE OF SAID PERMANENT UTILITY EASEMENT AND ALONG THE PROPOSED SOUTH RIGHT OF WAY LINE OF SAID U.S. INTERSTATE 49 (U.S. HIGHWAY 71), A DISTANCE OF 65.25 FEET TO A POINT; THENCE NORTH 57°02'04 EAST, ALONG THE WEST LINE OF SAID PERMANENT UTILITY EASEMENT AND ALONG THE PROPOSED SOUTH RIGHT OF WAY LINE OF SAID INTERSTATE 49 (LJS HIGHWAY 71), A DISTANCE OF 97.96 FEET TO A POINT, SAID POINT BEING ON THE SOUTH LINE OF AN EXISTING 20 FEET UTILITY EASEMENT AS SHOWN ON THE PLAT OF SAID MCMILLAN ESTATES SUBDIVISION; THENCE NORTH 87°4639" EAST, DEPARTING THE SOUTH RIGHT OF WAY LINE OF SAID INTERSTATE 49 (US HIGHWAY 71) AND ALONG THE SOUTH LINE OF SAID 20 FEET UTILITY EASEMENT AND ALONG THE NORTH LINE OF SAID PERMANENT UTILITY EASEMENT, A DISTANCE OF 57.01 FEET TO A POINT; THENCE SOUTH 51°55'53" WEST, DEPARTING THE SOUTH LINE OF SAID 20 FEET UTILITY EASEMENT AND ALONG THE EAST LINE OF SAID PERMANENT UTILITY EASEMENT, A DISTANCE OF 195.16 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.58 ACRES (25,398 SQUARE FEET) MORE OR LESS, AS SHOWN ON EXHIBIT A. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shail be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said easement. Driveways and parking lots will not be considered permanent structures. The Grantee shall have the right to construct pipe lines and/or make repairs to lines within the above described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the'parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the 3 day of MAILC- lr 2020. CROSS CHURCH, INC. By, 0_' ILI r� L�1 �. � F-04 IR � [Please print or type Name nd Title] ATTEST: VaAllirC ktkIlt0t Motu yll) KM► 6, busir< l!55 [Please Orint or type Name and Title] WATER/SEWER EASEMENT Page 3 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 in-VVIA- i e5e and V)-r- 0-kn v1pu d" o me well known as the persons who executed the foregoing document, and who stated and acknowle ged that they are the Trews 0-rer and &4inE5s U�-�.tA�uriisfrktt respectively, of the Cross Church, Inc., and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said company, 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 3 MY COMMISSION EXPIRES: day of 1MarcO_ 2020. L. Notary Public AGREEMENT FOR WATER/SEWER EASEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND CROSS CHURCH, INC. This agreement ("Agreement") is entered into on April , 2020, by and between the City of Fayetteville, Arkansas ("City") and Cross Church, Inc. ("Cross Church"). in consideration of the foregoing and the mutual promises, covenants, and agreements contained in this Agreement, the Parties agree as follows: 1. Cross Church agrees to convey a 25,398 square feet water/sewer easement to the City for the purpose of constructing and maintaining public water and sewer lines. A copy of the easement is attached to this agreement as Exhibit A. 2. The City agrees to pay the sum of $240,000.00 for the rights associated with the 25,398 square foot water/sewer easement. 3. The City and Cross Church further agree to the following terms: a. Any greenspace or tree removal that occurs as a result of the Arkansas Department of Transportation ("ARDOT") or City projects cannot and will not be a basis for any finding of noncompliance with City of Fayetteville development requirements. b. The City will use its best efforts to avoid tree removal within the new water/sewer easement. Any trees that are removed by the City will be moved to a location approved by Cross Church if that is an option. c. The City will ensure that construction of the City water and sewer lines does not disrupt the looped water line around the church building. d. The City will ensure that City's contractor repairs/reinstalls Cross Church's irrigation system in such a way that the property will continue to have sprinkler coverage. e. The City will restore Cross Church's property to a substantially similar condition following installation of the new water and sewer lines and following any future maintenance activities within the easement. f. Cross Church shall submit any applications or proposals for parking expansion in the southwest greenspace through the City's standard development review process and must comply with the requirements of the Fayetteville Unified Development Code. [Signature Page Follows] Page 1 of 2 IN WITNESS WHEREOF, this Agreement has been duly executed by the Parties as of the day and year first written above. CITY OF F - ETTEVIL] By .ione(d .Iorda r Date: `-1 0 E, ARKANSAS ATTEST: N,��pF?jj•,,� By. Kara Paxton, Ci C1erIc- reasurer� FAYETTE`JI L L E : NGTON CROSS CHURCH, INC. By: ), N-� Ben Mayes, Treasurer Date: 3- L0' 'PL'o 013 WITNESS: By: r�.J Mary AA Kennedy, Business A ministrator Page 2 of 2 L yl 8" Waterline 24" Waterline 0 J Q a-0 W m 0 Q 1-49/Wedington Interchange Utility Relocations 10 / Q > ry Q Z) z W W f HWY 16/112 S 12" Sanitary Sewer Line 8" Waterline LOCATION MAP 0 1000' 2000' II SCALE IN FEET :a: City of Fayetteville, Arkansas 1-49/HWY 16/112 INTERCHANGE WATER/SEWER INFRASTRUCTURE RELOCATIONS Washington County, Arkansas . _ _ - Contract Drawings 115 :v;:i9U`3P�<.2N01a«°: n�`TIE �111 in 5s .-ar • = �: •r�. ?...�..K F�r SOT uIny�y��Frp�iat>��v �s�rv�ri�c sr .u, ro sr.+ii. ~�y.'-•F+stye. m�G •-/auCris: x . —AU y1 1L tuYti.�1 JANUARY 2020 LOCATION MAP 4 108729 I I I I �SllAHS �MSOOHHFLL .N ------------------------------------------------ 41r, -11 M C- IT -1 IT qw, 11; TII ........ 11Z. "I W.MSOON NELL Mom ',-TCTTLVIL E Am TAX PP06 0 F- -1 . . . . . . . . . . . ==4, NIL r I G III I IF F—EIIIIE 111D T.E I '1104".1=n-'..' 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