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267-19 RESOLUTION
OF FAYErrF i i " gRkq rySP 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 267-19 File Number: 2019-0798 KITTY CREEK SEWER REHABILITATION PROJECT: A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF UTILITY EASEMENTS FROM THE UNITED STATES POSTAL SERVICE FOR THE INSTALLATION OF SEWER LINES RELATED TO THE KITTY CREEK SEWER REHABILITATION PROJECT, CONTINGENT ON THE VACATION OF PORTIONS OF AN EXISTING EASEMENT THAT WILL NO LONGER BE NEEDED WHEREAS, on June 6, 2017 the City Council approved Resolution 113-17 authorizing McClelland Consulting Engineers, Inc. to begin design work for the Kitty Creek Sewer Line Improvement Project; and WHEREAS, the sewer line crosses the Joyce Avenue Post Office property and a change in alignment of the sewer lines will necessitate the acquisition of new portions of sewer easement; and WHEREAS, the United States Postal Services has requested that, in exchange for conveying the new sewer easements at no cost, the City vacate the portions of the easement that are no longer needed for City purposes. 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 the Mayor to accept the utility easements attached to this Resolution from the United States Postal Service to allow the installation of sewer lines related to the Kitty Creek Sewer Rehabilitation Project, contingent on the vacation of the obsolete portions of easement no longer needed for City purposes. Page 1 PdnW on 12MQ File Number.' 2019-0798 Resolution 267-19 PASSED and APPROVED on 12/3/2019 Attest: Kara Paxton, City Clerk Treasur$rr; f q y� �`� •�c: may. � ���/ •��� fq Page 2 Printed on 1215119 City of Fayetteville, Arkansas 113 West Mountain Street ® Fayetteville, AR 72701 I/ (479) 575-8323 t Dwo Text File File Number: 2019-0798 Agenda Date: 12/3/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 9 KITTY CREEK SEWER REHABILITATION PROJECT: A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF UTILITY EASEMENTS FROM THE UNITED STATES POSTAL SERVICE FOR THE INSTALLATION OF SEWER LINES RELATED TO THE KITTY CREEK SEWER REHABILITATION PROJECT, CONTINGENT ON THE VACATION OF PORTIONS OF AN EXISTING EASEMENT THAT WILL NO LONGER BE NEEDED WHEREAS, on June 6, 2017 the City Council approved Resolution 113-17 authorizing McClelland Consulting Engineers, Inc. to begin design work for the Kitty Creek Sewer Line Improvement Project; and WHEREAS, the sewer line crosses the Joyce Avenue Post Office property and a change in alignment of the sewer lines will necessitate the acquisition of new portions of sewer easement; and WHEREAS, the United States Postal Services has requested that, in exchange for conveying the new sewer easements at no cost, the City vacate the portions of the easement that are no longer needed for City purposes. 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 the Mayor to accept the utility easements attached to this Resolution from the United States Postal Service to allow the installation of sewer lines related to the Kitty Creek Sewer Rehabilitation Project, contingent on the vacation of the obsolete portions of easement no longer needed for City purposes. City of Fayetteville, Arkansas Page 1 Printed on 121412019 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2019-0798 Legistar File ID 12/3/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/14/2019 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a resolution to authorize the acceptance of utility easements to the City of Fayetteville from the United States Postal Service (USPS) for sewer line installation related to the Kitty Creek sewer rehabilitation project, contingent on the vacation of an existing easement that will no longer be needed after the new line is installed. 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 Purchase Order Number: Change Order Number: Original Contract Number: Comments: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund N/A Project Title $ - $ - Previous Ordinance or Resolution # Approval Date: V20180327 CITY OF FAYETTEVILLE rAd ARKANSAS MEETING OF DECEMBER 3, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer DATE: November 14, 2019 CITY COUNCIL MEMO SUBJECT: Approval of a resolution to authorize the acceptance of utility easements to the City of Fayetteville from the United States Postal Service for sewer line installation related to the Kitty Creek sewer rehabilitation project, contingent on the vacation of an existing easement that will no longer be needed after the new line is installed. RECOMMENDATION: Staff recommends approval of a resolution to authorize the acceptance of utility easements to the City of Fayetteville from the United States Postal Service (USPS) for sewer line installation related to the Kitty Creek sewer rehabilitation project, contingent on the vacation of an existing easement that will no longer be needed after the new line is installed. BACKGROUND: On June 6'h, 2017 Resolution 113-17 was approved for McClelland Consulting Engineers, Inc. to begin design on the Kitty Creek Sewer Line Improvement Project. This project consists of replacing and upsizing approximately 5,400 linear feet of existing 10-inch sanitary sewer line. This upsize was identified in the 2014 Wastewater Collection System Master Plan. The engineering design and permitting of this project is nearing completion and easement acquisition has begun, prior to bidding. DISCUSSION: This sewer line crosses the Joyce Avenue USPS Post Office property and an alignment change will necessitate the dedication of new portions of sewer easement, and vacation of remaining obsolete portions of easement. A temporary easement for access during construction is also proposed. The USPS has a formal process and agreement language for this situation which has been reviewed and approved by the City Attorney's office. BUDGET/STAFF IMPACT: No impact to budget or staff. Attachments: Permanent Easement Agreement Temporary Construction Easement Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 UTILITY EASEMENT This UTILITY EASEMENT, (the "New Sewer Easement"), granted this I day of Nam be, 20_a_, by the United States Postal Service ("USPS"), an independent establishment of the executive branch of the Government of the United States, 475 L'Enfant Plaza, SW, Room 6670, Washington, DC 20260-1862 (the "Grantor"), to the City of Fayetteville, a municipal corporation, (the "Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context. RECITALS A. Grantor is the owner of a tract of land and improvements in Washington County, State of Arkansas, located at 1590 East Joyce Boulevard in Fayetteville, AR 72703- 9998, (the "Grantor's Parcel"), recorded in Washington County on November 13, 1998, on Pages 98099345 through 98099347 and legally described in Exhibit 1, attached hereto and incorporated herein, at which Grantor operates the Fayetteville -Clarence B Craft Station. B. Grantee has an existing easement on the Grantor's Parcel for existing sewer service, recorded in Washington County on July 2, 1979, on Page 994 and legally described in Exhibit 2, ("Existing Easement"), attached hereto and incorporated herein. C. Grantee has determined that a new easement over portion of Grantor's Parcel, ("New Sewer Easement Area"), shown and described in Exhibit 3, attached hereto and incorporated herein, is reasonably necessary for installation of underground wastewater transmission gravity mains, ("Utility Improvements"), as part of construction activities related to Kitty Creek Sewer Improvements Project, hereinafter called the "Project", which Project is described in final design and construction plans dated April 23, 2018, under City of Fayetteville MCE Project Number FY17-2138 , ("Final Plans"), which are on file with City of Fayetteville and are incorporated herein by reference. D. Grantor and Grantee set forth below their respective rights and obligations for a New Sewer Easement on Grantor's Parcel. For and in consideration of the mutual promises set forth herein and the termination of the Existing Easement to be executed by both parties concurrently with this New Sewer Easement and take effect upon completion of the Project under the Agreements set forth below, along with other good and valuable consideration, received in hand and acknowledged by the Grantor, the Grantor and Grantee covenant and agree as follows: Page 1 of 23 AGREEMENTS Grantor hereby grants, declares, establishes and creates for the benefit of Grantee a perpetual non-exclusive easement over, under, along, across, and through the New Sewer Easement Area, for the purpose of installing, maintain and repairing the Utility Improvements which is related and necessary to the completion of the Project. 2. All work performed by Grantee and/or its contractors hereunder shall be coordinated with the postmaster or installation head and performed in full compliance with all applicable local, state or federal statutes, rules, regulations, orders, codes, directives, or ordinances and any binding judicial or administrative interpretations thereof or requirements thereunder and Grantee shall obtain all necessary local, state or federal permits, licenses and approvals necessary for the conduct of such work. In addition, for all cure and maintenance related activities, the locations of relocated fixtures, materials used and work to be performed within the New Sewer Easement Area must be approved by USPS. Grantee shall require and ensure that any contractors working for Grantee, at their sole cost and expense, maintain and keep in effect during any and all construction or work activities within the New Sewer Easement Area insurance against claims for personal injury (including death) or property damage, under a policy of comprehensive general public liability insurance, with such limits (through basic coverage plus umbrella coverage) as may be reasonably requested by USPS from time to time, but not less than $1,000,000 in respect of bodily injury (including death) and property damage, which amounts shall be adjusted upon reasonable request of USPS from time to time to amounts which are normal and customary for similar operations. Such policies of insurance shall name USPS as an additional insured. The policy shall provide that it shall not be cancelable nor may it expire without at least thirty (30) days' prior written notice to USPS. Prior to the commencement of the construction under the New Sewer Easement, there shall be delivered to USPS a certificate of the insurance carrier certifying that the policy so delivered has been issued and is in effect and the duration thereof. At least thirty (30) days before any policy shall expire (10 days for non-payment of premium), Grantee shall ensure that its contractor deliver to USPS a replacement certificate, and at least twenty (20) days prior to the date that the premium on any policy shall become due and payable, USPS shall be furnished with satisfactory evidence of its payment. 4. Grantee shall be responsible for maintenance and repair of the Utility Improvements. Grantee shall also be responsible for restoring any landscaping, grading, or paving disturbed within the New Sewer Easement Area during the Project or while performing any future maintenance or repair work. In addition, Grantee shall be responsible for Grantee's equipment and facilities within the New Sewer Easement Area, and any and all costs related thereto. Also, Grantee shall restore any area outside the Easement Area within Grantor's Parcel which is disturbed or damaged by Grantee, its agents, servants, employees, invitees, or contractors, including, without limitation, restoration of all improvements, landscaping, fencing, sidewalks, driveways, drive aisle and drive areas with like kind or better materials and products. In the event the Grantee fails in its responsibilities herein, upon written notice and 30 days opportunity to cure to Grantee, Grantor shall have the right to perform such maintenance, repair and restoration. Further, Grantee covenants to repay Grantor for Grantor's costs of performing such maintenance, repair and restoration within 30 days of receipt of an invoice from Grantor. Page 2 of 23 5. Grantee, by acceptance of this New Sewer Easement, agrees for and on behalf of itself, its agents, servants, employees, invitees, and contractors who may at any time use, occupy, visit, or maintain said New Sewer Easement Area that Grantor shall not be responsible for damage or loss to property, injuries, or death, which may arise from or be incident to the use and occupation of the New Sewer Easement Area as granted herein to Grantee, its agents, servants, employees, invitees, and contractors. 6. The Grantor shall not be liable and the Grantee waives and releases the Grantor from all claims for damage to persons or property sustained by the Grantee or its employees, agents, servants, invitees, contractors, or customers resulting by reason of the use of the New Sewer Easement. 7. Grantor reserves the right to use the New Sewer Easement Area for any purpose not inconsistent with the rights herein granted. During any and all period(s) of installation, maintenance or repair of the Utility Improvements, Grantee agrees to provide the Grantor, its employees, customers, and the public with continual and uninterrupted access to the Fayetteville -Clarence B Craft Station. Specifically, Grantee shall provide continuous access to the Grantor's driveway by way of North Vantage Drive during the following period of operation from 01:45 to 19:00 Monday through Saturday. Also, Grantee shall provide continuous access to the two USPS drop boxes located along the eastern side of the circular drive connecting to the southern side of Grantor's driveway entrance to North Vantage Drive, during the following period of operation: from 09:00 to 18:00 Monday through Friday and from 10:00 to 15:00 on Saturday. In the event Grantee needs to close or block any portion of the Grantor's driveway referenced above, or either of the USPS drop box circular drives referenced above, Grantee shall request such closure, in writing, to the Postmaster or Installation Head of the Fayetteville -Clarence B Craft Station, at least five (5) business days prior to such closure. Such closure shall be permitted only during the hours from 19:00 to 09:00 (the following morning) Monday through Friday, and from 15:00 Saturday to 01:45 Monday morning. With the aforementioned and following restrictions and requirements, approval of such request by Grantee shall not be unreasonably denied or delayed. In addition, whenever a trench is exposed or pavement is broken up within any driveway, such condition(s) shall be described as "Compromised Area(s)". Whenever any vehicle crosses over any Compromised Area(s), Grantee shall ensure that such Compromised Area(s) shall be covered and secured with steel plate(s) of sufficient size and strength to withstand the weight of a tractor -trailer -size vehicle, so that such driveway may be kept open for traffic crossing for Grantor, its employees, contractors and invitees. Except as specifically permitted above or in the event of an emergency, defined herein as a situation creating an immediate threat or danger to life and/or the environment, ("Emergency"), Grantee agrees that during performance of any and all construction or work activities, as permitted herein, Grantor's operations shall not be interrupted, disrupted or otherwise impeded as a result of such construction or work activities. Thus, in the event Grantee fails to meet any of the conditions or responsibilities set forth above, except on the event of an Emergency, Grantee shall be in breach of this New Sewer Easement. In the event of such a breach, Grantor shall notify the Grantee in Page 3 of 23 writing of the precise nature of the breach; email notice to the Grantee is specifically allowed. Grantee shall remedy such breach within three (3) hours of its receipt of Grantor's written notice. In the event the Grantee fails to remedy such breach, Grantor shall have the right to take any and all reasonable actions designed to restore continual and uninterrupted access to the Fayetteville -Clarence B Craft Station, and to return Grantor's operations to their prior status, before such interruption, disruption or impediment by Grantee. Further, Grantor shall be entitled to recover its costs, losses and damages resulting from such breach and cure from the Grantee. Except in the event of an Emergency, Grantee shall provide Grantor with at least 5 business days prior notice before performing any activity within the New Sewer Easement Area. Any notice, demand, request, consent, approval, or other communication that Grantor or Grantee is required or desires to give or make under this New Sewer Easement, unless otherwise specified, will be effective and valid only when in writing and shall be deemed duly given when received if it is sent by USPS Mail, Registered Mail@ or Certified Mail@, return receipt requested and postage prepaid to the respective addresses as set forth in this paragraph, or at the last address provided by a party and given by notice as provided in this paragraph. However in the event of the breach of paragraph 7 above by Grantee, notice by Grantor may be by email. For purposes of notices sent by USPS Mail, Registered Mail@ or Certified Mail@, return receipt requested and postage prepaid. For purposes of notices set forth herein, addresses are: Grantee: City of Fayetteville Attention: Mayor 113 W Mountain Street Fayetteville, Arkansas 72701 Email: mayor@fayetteville-ar.gov Copy To: City of Fayetteville Attention: City Attorney 113 W Mountain Street Fayetteville, Arkansas 72701 Email: city_attorney@fayetteville-ar.gov Grantor: USPS Headquarters Attention: Easement & Right of Way Specialist 475 L'Enfant Plaza, SW, Room 6670 Washington, DC 20260-1862 Copy To: Fayetteville -Clarence B Craft Station Attention: Postmaster 1590 East Joyce Boulevard Fayetteville, AR 72703-9998 9. Within seven (7) days following completion of the installation of the Utility Improvements upon Grantor's Parcel, or September 30, 2020, whichever shall occur first, the Grantor and Grantee shall execute the Existing Right of Way Grant Termination and Elimination included as Exhibit 4, attached hereto and incorporated herein, to terminate the Existing Easement for sewer service referenced in paragraph B above, as such Existing Easement is rendered unnecessary by such installation of the Utility Improvements and by grant of this New Sewer Easement. If the Grantee fails to execute and record the Existing Right of Way Grant Termination and Elimination pursuant to this paragraph, the Grantee shall be in breach of this New Sewer Easement. In the event of such breach by Grantee, Grantor shall have the right to terminate this New Sewer Easement, in which event all Grantee's rights and privileges shall cease and the New Sewer Easement herein granted shall revert to Grantor. 10. In the event Grantee fails to exercise the rights and privileges herein granted for a period of one year following full execution, Grantor shall have the right to terminate this New Page 4 of 23 Sewer Easement, in which event all such rights and privileges shall cease and the New Sewer Easement herein granted shall revert to Grantor. 11. Any claim, controversy or dispute arising out of this New Sewer Easement shall be governed by applicable federal law. The remedies provided in this New Sewer Easement are non-exclusive and are in addition to any remedies available to the Grantor and Grantee under applicable law. 12. Grantor does not warrant that the New Sewer Easement Area is suitable for the purposes set forth herein and Grantee hereby waives any express or implied warranty on the part of Grantor. Grantor has no knowledge of subsurface conditions and makes no representations as to soil types, existence of underground utilities, or any other latent conditions that may impact Grantee's use and enjoyment of said New Sewer Easement. 13. This New Sewer Easement is granted subject to any and all restrictions, covenants, other easements, encumbrances, liens of any kind, leases, and interests of others, including rights -of -way for roads, pipelines, railroads, and public utilities, whether or not matters of public record. 14. Grantee is not permitted to discharge storm water runoff within the New Sewer Easement Area or onto, under, through or above Grantor's Parcel generally. Such prohibition shall include, but not be limited to, releasing or discharging silt, hazardous materials or other environmental contaminants within the New Sewer Easement Area or Grantor's Parcel generally. Further, Grantee shall comply with all environmental laws when performing any activity within the New Sewer Easement Area or Grantor's Parcel generally. In the event that any hazardous materials or other environmental contaminates are released or discharged, directly or indirectly, by the City of Fayetteville, their employees, agents, contractors or invitees, the City of Fayetteville shall be responsible for the cost of any remediation or clean up required by applicable law or regulations and shall indemnify and hold the Grantor, its successors, and assigns harmless against any and all claims, demands, damages, costs, expenses, and legal fees incurred by Grantor in connection with or related to any such release, discharge, remediation or clean up. IN WITNESS WHEREOF, the parties hereto have executed this New Sewer Easement of the day and year first above written. Signature Pages to Follow Page 5 of 23 IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction Easement of the day and year first above written. G rant. United 5fates Postal $e By: '4/ Its: ntracti rZ Officer STATE OF NORTH CAROLINA } ) ss COUNTY OF GUILFORD ) Z'j On this %- day of y , 20,�4, personally appeared before me, Jos.� D Contracting Officer, who being by me duly sworn, did say that he/she represents the United States Postal Service, and acknowledged to me that, acting under a delegation of authority duly given and evidenced by law and presently in effect, he/she executed said instrument as the act and deed of the United States Postal Service for the purposes therein mentioned. RICHARD L VANWEELDE Notary Public, North Carolina �Y Guilford County My Corn fission Expires �.129 az SEAL My commission expires: ��u\v J.O_ a.eJLa NOTARY PUBLIC Page 6of13 STATE OF w ) ) ss COUNTY OF On this P, day of , 2019, personally appeared before me �—'\JCMQQU �didQ.rn , who being by me duly sworn, did say that he/she represents, and acknowledged to me that, acting under a delegation of authority duly given and evidenced by law and presently in effect, he/she executed said instrument as the act and deed of City of Fayetteville for the purposes therein mentioned. � A *"I& 01Z -�f * SEAL RY PUBL C �' ��' 4�i1i�r�r My commission expires: 2� D. TAgy9'o�Z= rcn • • •�� ��•. F 'OUBLIG : ZZ 8-10 ���••����` Page 7 of 23 Exhibit 1- USPS Property Deed This instrument prepared by: MARK E. DENNETT Attorney Law Department United States Postal Service 225 North Humphreys Boulevard Memphis, Tennessee 38166-0170 WARRANTY DEED STATE OF ARKANSAS COUNTY OF WASHINGTON FILED FOR RECORD '98 NOY 13 Pq 2 5 1'!tSrfii;CTOff COiiR f:ESS THIS INDENTURE, made and entered into this (4-day of 0 1)u 81K I)Ak- , 1998, by VANTAGE SQUARE, A JOINT VENTURE COMPOSED OF A. W. REALTY COMPANY AND J. E. LINDSEY FAMILY LIMITED PARTNERSHIP, Party of the First Part, and the UNITED STATES POSTAL SERVICE, 475 L'Enfant Plaza, West, S.W., Washington, D.C. 20260- 6430, Party of the Second Part. WITNESS that for and in consideration of the sum of ONE MILLION, TWO HUNDRED SEVENTY-SEVEN THOUSAND THIRTY-TWO AND NO1100 DOLLARS ($1,277,032.00), cash in hand paid, the receipt hereof is hereby acknowledged, the Party of the First Part has bargained and sold and does hereby bargain, sell, convey and confirm unto the said UNITED STATES POSTAL SERVICE, 475 L'Enfant Plaza, West, S.W., Washington, D.C. 20260-6430, the following described real estate, situated and being in the City of Fayetteville, County of Washington, State of Arkansas, and more particularly described as follows: LEGAL DESCRIPTION —LOT 3A Part of the Northwest -Quarter of Section 25, Township-17-North, Range-30-West, Fayetteville, Washington County, Arkansas more particularly described as follows: Commencing on the Northwest Corner of said Section 25: thence S 00'52'09"E. along the west line of said Section 25, 659.18 feet; thence N 89°26'30"E, 1419.51 feet to the Point of Beginning thence S 01°13'12"E. 201.93 feet; thence S 88°57'05"W, 215.00 feet; thence S 01°13'12"E, 405.21 feet to the northedy Right of Way line of Joyce Street; thence 98499345 Page 8 of 23 Exhibit 1- USPS Property Deed S 88'57'05"W, along said northerly Right of Way line, 432.17 feet to a point of curvature; thence along said northerly Right of Way line along a curve to the right having a radius of 1290.45 feet, an arc length of 83.68 feet, being sustained by a chord bearing N 89*11'28"W, 83.66 feet; thence leaving said northerly Right of Way line, N 00'52'09"W, 201.95 feet: thence N 47'47'35"E, 614.99 feet; thence N 89'26'30"E, 265.33 feet to the Point of Beginning, containing 263,273 square feet (6.044 acres), more or less. TOGETHER with all right, title and interest of the Party of the First Part in and to any streams, alleys, roads, streets, ways, strips, gores, or railroad rights - of -way abutting or adjoining said land, and together with all the improvements thereon and the appurtenances thereunto belonging and we warrant the title against all persons whomsoever. VANTAGE SQUARE, A JOINT VENTURE By: CHARLES E. SCHARLAU C itman .W. Realty Company r LINDS Y General Partner J. E. Lindsey Family Limited Partnership ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON On this VL day of November , 1998, before me personally appeared C1 f• Ct10AUa , and `"`LI , to me known to be the persons described herein and who executed the foregoing instrument, and acknowledged that they executed the same and are authorized to do so on behalf of A. W. REALTY COMPANY AND J. E. LINDSEY FAMILY LIMITED PARTNERSHIP. "- (E S A NOT Y PUBLIC 980991A6 ,Page 9 of 23 Exhibit 1- USPS Property Deed Mc WINFiELO S. ORON6ON, JR. MOTM4'/ rUOI:C - ANKANSAS My Ccm,r i- Clr-M • 18 • 2002 9b099,A 7 Page 10 of 23 Exhibit 2 - Existing Easel ent Deed' wIGHT OF WAY GRA-:T rIt,1C.l' NO. I SOF ARKANSAS COUKf1` OF 1VASlIING"rON KNU%V ALL MEN UV THESE. PRESENTS: CtUN' Tint for and in causiderntion of ... ............. ..... and ather valuable considerations to the undersigned, .,Arkansas Western Realty .Company ............. ... ....... ... ............... paid, the receipt of which is hereby arknowtcdged, tits said Crantor titres hereby GRANT, SF.LI. AND COVEY unto the City of Fayetteville, Arkansas, a nn nicipal corporation (herein styled Crantee), its successors and assigns, the right of way anti casement to construct lay, remove, relay, enlarge and operate a water and/or %ewer pipe litre or lines, manholes, and appurtettanccs thereto, an, over, across, and tinder the following described real estate, to -wit: A part of the MV4 of Section 25, Township 17 North, Range 30 West, Washington County, Arkansas, anti being more particularly described as follows, A parmanent water and/or seorer easement 25 feet in width, being 12.5 feet in width on either side of a centerline described as beginning at a point 76S feet South and 87 feet Cast r•f the Northt:est corner of the SWIs of the N114 of aforementioned Section 25; thcucc N 10 22' lt;" W ..129.6 feet; thence N 490 39' 56" E 529.0 feet; thence N 470 1i '560.2 feet; thent.o N 620 34' 17" 0 206.1 feet; thence N 760 31' 15" is 27S.2 fte,.tt; thenca N 330 44' 44" E 629.2 feet; thence N 170 11' 36" E 299,¢ fuet;-rl thcut_,, k IS(' 26' 20" Lt 28.1 fact to the point of tormination, said point aing4 F- :tp!"roxtmately 471.0 feet East of the NE corner of the NE4 of the NWIs of,tfbrecn M mentionod Section 25, Also, a temporary construction easement t 25 feeZRid O for a period not to exceed one year from the date hereof, *parallel to *-- '1 tieuous with the above described permanent easement and situated on th�,ttltro and East si.des.thereof. r-0 � mmy iU -C W 1'0 TlAVr AND 'rO HOLD unto said Grantee, its successors and assigns, so long as such pipe Tine nr lines, tuan- hales and/or appurtenances thereto shall be maintained, with ingress to and egress from the real estate first herrinab ove described for tite purpose of constructing, inspecting, maintaining and repairing said lines, manholes and appurtenances of Grantee shrove described, and the removal, renewal and enlargement of such at will, ;it whole or in part. 7'lhe said Grantor is'to fully tun and cnyuy the said prentises except for the p"ryhoscs hcrcinhetnre granted to the said Grantee, which hereby agrees its bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flash with the surface of the ground except in bottom lands where they shall be at a height above high Willer, and to pay any damages which may ndse to growing crol.s or fences train the con- struction, rnaintenance and operation as determined by three disinterested persons, one: thereof to be aprouhacd by the said Grantor; one by .the said Grantee; and the third by the two so appointed as aforesaid, and the written award of such three persons shall be final And. conclusive. 'rlte Grnnfor agrees not to erret any buildings or structures in said right of way other thou fences and said fences $hail not exceed six •(6) feet in height. 'rhe Grantee shall have the right to construct additional pipe lines upon the above described easement at any titne in the future and agrees to pay Any damages as a result of such future construction as set Qut in this casement. `rhe consiAeratinn first above recitrd as being paid to Grantor by Grantee is in I111Isatisfaction of evrry right hereby granted. All covenants aud•aorrcnucuts herein contained shall extend to and be binding upon the respective heirs, legal representatives, sueccvmrs aril assigns of cite parties hereto, It is hereby understood ant! agreed that the party securing this grant in behalf of the Gragtce is without authority to maket5n ftcnant or agrctancut not herein expressed. e ..., rvl A l :AV4X'11:r •t�%eni4ution hereof, this tilt ........ day of ..... prl 19 79 :_ ,--•'' a.l; .,•5rj. �� � AMa+NsnS . v»� cc�rx ........ ..... _........,..,. ;jb irnn, rotary Y . . dh� Ies)✓.. kharfau,..pi esi.c3ent t:; ��:r' •�•ij• ,;` T8CKNOWLE061ENT nn Cpry STATE {lF •{Ct{�A4r• ) , , ® C COUNTY OF WASFfING'fON BE I7 REt1EMBEREO, that on this date, before me, a Notary Public-0thin anti for saic! County and State, duly commissioned and acting, personally appeared , ARKANSAS wF•STERN Rlr%lfv C014PANY by i is •Pres.iAent,CharleS F S2barlaj r and 3ecretaryWilliatn V. n ice_, tdrr(te,well known as the persons who executed the foregoing Right of Way Gr;n[, andsttiak hey' h'ad .lC§qu�bed,;same in behalf of, Said Corporation for the ren- sidrration an puCr ose. Eftiorein r�rncioned and set forth: Pa ,1 1 of 23 W fil;,$S my hand' and Sea! on this 4th _day or April 9,�/ Exhibit 3 - Easement Legal Description and Survey Drawing USPS Tract PERMANENT UTILITY EASEMENT A Permanent Utility Easement (PUE) across part of the northwest quarter of the northwest quarter of Section 25, Township 17 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, being also a part of the United States Postal Service (USPS) property as described in Washington County document 98-099345, and being more particularly described as follows: Commencing at the southwest corner of the above -noted USPS property; thence along the west line of the said USPS property NO2°33'18"E 133.36 feet to the PUE Point of Beginning; thence continuing NO2°33118"E 33.05 feet; thence leaving the said west line of the USPS property N51'42' 11 "E 7.97 feet; thence N51 °48'49"E 434.35 feet to the north line of the USPS property, the said north line being as described in the adjacent Joyce Office Park property deed recorded at Washington County document 2012- 00008571; thence along the said north line of the USPS property S87°34'34"E 38.41 feet; thence leaving the north line S51 °48'49"W 463.48 feet; thence S51 *42' 11 "W 29.57 feet to the PUE Point of Beginning, enclosing 11,692 square feet, or 0.27 acres. Page 12 of 23 Exhibit 3 - Easement Legal Description and Survev Drawin BASIS OF BEARINGS: UTILITY EASEMENT - ARKANSAS STATE PLANE COORDINATE SYSTEM, USPS PUE - 11,692 SQ. FT. (0.27 AC.) NAD 83, NORTH ZONE. I TCE 7,624 SQ. FT. (0.18 AC.) (NOT A PLAT OF SURVEY) EXHIBIT "A" MAP (ADJACENT) 765-15681-006 JOYCE OFFICE PARK, LLC WD 2012-00008571 / (EXCEPTION TO USPS DEED) / S87°34'34"E 38.41' NW —NW 25-17-30 �J� 15 1 ll t 1 t /, ii � Q�.. 1�•.t , 1 1 11 1 t� 1. �3 iiii '..1 ifs NO2 33 18 E �°�� 33.05 EXISTING i 3 WATER/SEWER EASEMENT N51042'11"E ti��rY.....• IN TO CITY OF FAYETTEVILLE / / '.......' I 7.97� �� ROW 994-007 y AREA WITHIN USPS TRACT %S Ya•. "oD, TO BE ABANDONED I 1/I//Y M 1' 11I111lttt/1 /G�•.�...:.�: • 765-15881-001 ��► err �Y� UNITED STATES POSTAL SERVICE WD 98-099345 / "1ARKANI-SAS STATE ©F t S51042'11"W 29.57' I N/p'.'138 POB Slt, !A 10-25-18 �NO2°33'18"E 111,36' �j�Y�oCunii•'�,,`���hlp �P2�77�,tAL11{Il�t Cti PO C SW COR. OF USPS TRACT AT INTERSECTION OF JOYCE AND VANTAGE JOYCE BLVD 0 50 100 SCALE: 1"= 100' SHEET 2 OF 3 LEGEND 771//// PROPOSED UTIL. EASEMENT — — — — EXISTING RIGHT OF WAY LINE PROPOSED TEMP. CONST. ESMT. — — EXISTING PROPERTY LINE — — — — TAX PARCEL LINE LAND LINE Property Owner: UNITED STATES Project Name: CITY OF POSTAL SERVICE KITTY CREEK Drawn by : McClelland Consulting Engineers SEWER LINE FA YET TE VILLE Date: October 2018 Scale : 1" = 100' No. Revisions Date Project No. 172138 I Page 13 of 23 Exhibit 4 — Example of Easement Release Forms CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION FOR STAFF USE ONLY Date Application Submitted: Date Accepted as Complete: Project Number: Public Hearing Date: FEE. $200.00 Sign Fee: $5.00 S-T-R: PP#: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished Application: Indicate one contact person for this request: Applicant (person making request): Name: Address: Applicant Representative Representative (engineer, surveyor, realtor, etc.): Name: Address: Phone:( ) Phone:( ) Email: Email: Fax: ( ) Site Address / Location: Fax: ( ) Legal description of area to be vacated (attach separate sheet if necessary): Current Zoning District: Assessors Parcel Number(s) for subject property: FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: May 1018 Page I Page 14 of 23 Exhibit 4 — Example of Easement Release Forms APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. Name (printed): Date: Signature: PROPERTY OWNER(S) /AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. (If signed by the authorized agent a letter from each proyerty owner must be provided indicating that the agent is authorized to act on his/her behalf.) Owners (attach additional info if necessary): Name (printed): Signature: Date: Name (printed): Signature: Date: Address: Phone: ( ) Address: Phone:( ) Vacation Checklist: Attach the following items to this application: (1) Payment in full of applicable fees for processing the application: $200.00 application fee $5.00 public notification sign fee (2) Metes and bounds legal description of the area to be vacated, not the entire property (this may be included on the survey plat). (3) Survey of the site depicting the perimeter property lines and area within the property to be vacated. (4) CD or USB Flashdrive containing a copy of the legal description in MS Word and PDF copies of the signed application and all other items submitted with this project. (5) A surveyor should stake the area on the site to be vacated for utility company review on their site visit. (6) A letter addressed to the Planning Commission and City Council describing the scope, nature, and intent of the request. (7) Documentation stating names of all owners of property adjacent to the street right-of-way, alley, or easement to be vacated. May 1018 Po,Qe 2 Page 15 of 23 Exhibit 4 — Example of Easement Release Forms (8) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website (www.co.washin on.ar.us). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. (9) Petition to vacate street right-of-way, alley, or easement (sample petition is attached). (10) For applications to vacate an access easement, alley or right-of-way only: Written consent is required from all adjacent property owners and is required to be submitted with the application (example form is attached). (11) Comments from all utility companies concerning the street right-of-way, alley, or easement to be vacated and its relationship to existing or planned utilities with recommendations as to what action should be taken (an example comment form is attached) is required at application submittal. (12) The applicant is responsible for meeting the public notification requirements for a Vacation listed on the Notification Requirements pages in this application. Utility Representatives for a Vacation Request * Name Company Telephone Jeff Hamilton AT&T 442-3107 Chad Hodge Cox Communications 871-0339 John Le AEP/SWEPCO 973-2426 Scott Stokes Black Hills Corp. 435-0229 Email jh5430@att.com Chad.Hodge@cox.com the@aep.com Scott.Stokes@blackhiliscorp.com Wes Mahaffey Ozarks Electric 684-4949 wmahaffey@ozarksecc.com Or Mike Phipps 684-4696 mphipps@ozarksecc.com City Divisions: Mark Rogers Water and Sewer 575-8392 mrogers@fayetteville-ar.gov Drew Cook Solid Waste 575-8397 acook@fayetteville-ar.gov Terry Gulley Transportation 444-3491 tgulley@fayetteville-ar.gov *Solid Waste & Transportation sign off is required only when a ROW, Alley, or Drainage Easement Vacation is being requested. May 2018 Page 3 Page 16 of 23 SAMPLE PETITION* PETITION TO VACATE A(N) (alley, easement, right-of-way) LOCATED IN (lot, block, subdivision), CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the (alley, easement, right-of-way) hereinafter sought to be abandoned and vacated, lying in (lot, block, subdivision), City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a(n) (alley, easement, right-of-way) which is described as follows: (Legal Description of area to be vacated) That the abutting real estate affected by said abandonment of the alley are (lot, block, subdivision of each adjoining lot to the area requested to be vacated) City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described (alley, easement, right-of-way). The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this _ day of , 20 Printed Name Signature Printed Name Signature * Note: This is a sample - each applicant is responsible for'submitting a petition which accurately reflects their specific request. May 2018 Pc,, e s Page 17 of 23 DATE: UTILITY COMPANY: APPLICANT NAME: UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): ❑ Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address ❑ (ATTACH legal description and graphic representation of what is being vacated-SURVEI) UTILITY COMPANY COMMENTS: ❑ No objections to the vacation(s) described above, and no comments. ❑ No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) ❑ No objections provided the following conditions are met: Signature of Utility Company Representative Title May 1018 Page 6 Page 18 of 23 ADJACENT PROPERTY OWNER NOTIFICATION/APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: Address / location of vacation: N Rupple Road, Fayetteville, AR Adjacent property address: 2143 N Rupple Road, Fayetteville, AR 72704 Pt NE SE Section 1, Township 16 North, Range 31 West, Washington County Assessment Parcel #765-24064-000 REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: Part of the NE% of the SE% of Section 1, Township 16 North, Range 31 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE corner of the NE% of the SE% of Section 1, Township 16 North, Range 31 West, and running thence N 86°59'04" W 697.70 feet and N 03°00'56" E 174.00 feet to the Point of Beginning; thence N 14°59'45" E 140.15 feet; thence N 01°43'31" E 216.75 feet; thence N 00044'47" E 265.46 feet; thence N 03°17'02" E 307.088 feet; thence S 88049'02" E 181.907 feet; thence S 70039'34" W 70.76 feet; thence along a curve to the left having a radius of 95.00 feet, an arc length of 103.515 feet, a delta of 60018'41 ", and a chord bearing and distance of S 39°26'39" W 98.469 feet; thence S 08013'43" W 52.57 feet; thence S 05°56'05" W 123.24 feet; thence S 00046'04" W 295.85 feet; thence S 01040'21" W 217.17 feet; thence along a curve to the right having a radius of 475.00 feet, an arc length of 40.955 feet, a delta of 4°56'24", and a chord bearing and distance of S 04008'33"W 40.942 feet; thence S 45°48'55"W 18.246 feet; thence along a curve to the left having a radius of 655.50 feet, an arc length of 106.08 feet, a delta of 9'16'20" and a chord bearing and distance of S 41 °10'45" W 105.964 feet to the point of beginning, containing 48,799 square feet or 1.12 acres, more or less. ADJACENT PROPERTY OWNERS COMMENTS: ❑ I have been notified of the requested vacation and decline to comment. ❑ I do not object to the vacation described above. ❑ I do object to the requested vacation because: Rupple Road Vacation Project Name WT Transfer Holding Company LLC Name of Adjacent Property Owner (printed) Signature of Adjacent Property Owner Applicant Name May 2018 Page 7 Page 19 of 23 NOTIFICATION REQUIREMENTS Written Notification Process: (1) The applicant shall mail a written notice of the hearing by first-class mail to the address of each adjacent landowner as such address is shown in the records of the Washington County Assessor's Office. Adjacent landowners include those across street rights -of -way, excluding interstates. (2) By the revision submittal prior to the public hearing, the applicant shall provide the following to the Planning Division (contact staff planner for submittal deadline).. a. alphabetical list of the landowners receiving notification (County Assessor's Office) b. map showing the landowners' relationship to the site (County Assessor's Office) c. copy of the notice sent to the landowners (example attached) d. certificate of mailing (example attached) Sign Posting Process: (1) Signs shall be made available to the applicant by the Planning Division. A $5 fee per sign shall be remitted by the applicant (contact staff planner for date to pick up sign). a. The applicant shall post notice on the land for which the use is requested in a visibly prominent location no more than ten (10) feet from the street and shall not impede the vision of drivers or pedestrians. b. The staff planner may require an alternate location where the property is not adjacent to a street. c. Additional signs may be required by the staff planner. (2) By the revision submittal prior to the hearing, the applicant shall post the sign and submit a certificate of sign posting to the Planning Division. The sign(s) shall be photographed by the applicant and attached to the certificate (example attached). (3) The Planning Division will be responsible for retrieval of signs after the hearing; if a hearing is postponed, the applicant will be notified when a new sign has been created. The applicant shall then be responsible for posting the new date of the hearing in accordance with the criteria herein. Alai 2018 Page 8 Page 20 of 23 CERTIFICATE OF MAILING I hereby certify that a true and correct copy of the attached written notice was placed in the U. S. mail, first-class, postage prepaid this day of , 20 , and addressed as follows.- Name. - Street Address City, State, Zip Name. - Street Address City, State, Zip Name. - Street Address City, State, Zip Name. - Street Address City, State, Zip (name of person completing the mailing) (signature of person completing the mailing) City File No./Name: llar 1018 p(We 9 Page 21 of 23 THIS IS AN EXAMPLE ONLY - DO NOT USE THIS SHEET WRITTEN NOTIFICATION FORM Project Description: The applicant Name proposes a Type of Development at Project Address. Building/land Use: Zoning: Size of Property: Density/Intensity: Public Hearings: Planning Commission; 5:30 PM; Month/DateNear; 113 West Mountain Street (City Administration Building Room 219) Fayetteville, AR 72701 Property Owner: Name: Phone #: Developer: Name: Phone #: Review Location: The project information is available for public review at the City of Fayetteville Planning Division, 125 West Mountain Street, Fayetteville, AR 72701 Monday -Friday 8AM-5PM; 479.575.8267. Star 2014 Page l 0 Page 22 of 23 THIS IS AN EXAMPLE ONLY - DO NOT USE THIS SHEET CERTIFICATE OF SIGN POSTING (attach photo here) (sign lettering must be legible in photo) (print the name of the applicant/representative/person posting sign), attest that the above sign was posted on (month/day/year) adjacent to (name of street). (signature of person completing the sign posting) City File No./Name.- ai ?018 Page 11 Page 23 of 23 TEMPORARY CONSTRUCTION EASEMENT This TEMPORARY CONSTRUCTION EASEMENT, (the "TCE") granted this day of DOCe-M beer , 2019, by the United States Postal Service ("USPS"), an independent establishment of the executive branch of the Government of the United States, 475 L'Enfant Plaza, SW, Room 6670, Washington, DC 20260-1862 (the "Grantor"), to the City of Fayetteville, a municipal corporation, (the "Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context. A. Grantor is the owner of a tract of land and improvements in Washington County, State of Arkansas, located at 1590 East Joyce Boulevard in Fayetteville, AR 72703-9998, (the "Grantor's Parcel"), recorded in Washington County on November 13, 1998, on Pages 98099345 through 98099347 and legally described in Exhibit 1, attached hereto and incorporated herein, at which Grantor operates the Fayetteville -Clarence B Craft Station. B. Grantee has an easement on the Grantor's Parcel for existing sewer service, recorded in Washington County on July 2, 1979, on Page 994 and legally described in Exhibit 2 ("Existing Easement"), attached hereto and incorporated herein. C. Grantee has determined that a temporary easement over portion of Grantor's Parcel, ("TCE Area"), shown and described in Exhibit 3, attached hereto and incorporated herein, is reasonably necessary for construction logistics, and staging of materials and equipment, as part of the installation of underground wastewater transmission gravity mains, ("Utility Improvements"), as part of construction activities related to Kitty Creek Sewer Improvements Project, hereinafter called the "Project", which Project is described in final design and construction plans dated April 23, 2018 under City of Fayetteville MCE Project Number FY17-2138 , ("Final Plans"), which are on file with City of Fayetteville and are incorporated herein by reference. D. As a result of the Project, Grantee shall no longer require the Right of Way Grant attached hereto and incorporated herein as Exhibit 2. E. Grantor and Grantee set forth below their respective rights and obligations for a TCE on the Grantor's Parcel. For and in consideration of the mutual promises set forth herein and the sum of five hundred five dollars and zero cents, ($500.00), of which said sum $500.00 represents review fee, and the abandonment of the Existing Easement to be executed by both parties concurrently with this TCE and take effect upon completion of the Project under the Agreements set forth below, along with other good and valuable consideration, received in hand and acknowledged by the Grantor, the Grantor and Grantee covenant and agree as follows: Page 1 of 13 AGREEMENTS 1. Grantor hereby grants, declares, establishes and creates for the benefit of Grantee a temporary, non-exclusive easement over, under, along, across, and upon the TCE Area, for the purpose of construction logistics, staging of materials and equipment as shown in Exhibit 3, attached hereto and incorporated herein. 2. This TCE shall commence on October 1, 2019, provided that it has been fully executed and that Grantee has paid Grantor the consideration referenced above. This TCE shall expire upon the Grantee's completion of the Project or by September 30, 2020 whichever shall first occur. Upon the expiration or termination of the TCE, all of the rights and benefits of Grantee in this TCE shall automatically cease and be of no further force or effect. Also upon the expiration or termination of the TCE, Grantee shall release the Right of Grant at Exhibit 4, by completing, filing, and successfully concluding the City of Fayetteville, Arkansas, Right -of -Way, Easement or alley Vacation application, ("Application"), attached hereto and incorporated herein as Exhibit 4, as the Applicant, and shall supply all the information and items required to be submitted, pursuant to such Application. Grantor shall sign such Application as the Property Owner, but shall add the following language above such signature. "The United States Postal Service is an independent establishment of the executive branch of the Government of the United States, and, by the signature of its contracting officer below, does not waive its sovereign immunity from state and local authority," In the event Grantee breaches such obligation to effectively and completely release the Right of Way, Grantor shall be entitled monetary damages in the amount of $25,000. The remedies provided in this paragraph are non-exclusive and are in addition to any remedies available to the Grantor under applicable law. 3. All work performed by Grantee or its contractors hereunder shall be coordinated with the postmaster or installation head and performed in full compliance with all applicable local, state and federal statutes, rules, regulations, orders, codes, directives, and ordinances, and any binding judicial or administrative interpretations thereof or requirements thereunder. In addition, Grantee shall obtain all necessary local, state and federal permits, licenses and approvals necessary for the performance of such work. 4. Prior to the expiration or termination of this TCE, Grantee shall restore the TCE Area, and any other areas of the Grantor's Parcel, to the same condition or better condition than it was in prior to Grantee's entry, including but not limited to all landscape and hardscape materials; re -sodding any grass areas that were damaged; replacing any asphalt removed or destroyed for grading purposes; and replacing any curb or gutter, or other structures or improvement removed or damaged by Grantee in the course of performance of the work. In the event the Grantee fails in its responsibilities herein, upon written notice and 30 days opportunity to cure to Grantee, Grantor shall have the right to perform such maintenance, repair and/or restoration and Grantee covenants to repay Grantor within 30 days of receipt of an invoice from Grantor. 5. During the term of this TCE, Grantee shall be responsible for maintenance and repair of the TCE Area, which includes but is not limited to snow and ice removal, landscaping, grading, paving and removal of all trash and debris caused by Grantee's exercise of its rights under this TCE. In addition, Grantee shall be responsible for Grantee's equipment and facilities, and any and all costs related thereto. In the event the Grantee fails in its responsibility to maintain and repair the TCE Area as set forth above, upon reasonable Page 2 of 13 notice and opportunity to cure, Grantor shall have the right to perform such maintenance and/or repair and shall further have the right to recover its costs from the Grantee. 6. Grantee shall require and ensure that any consultant, contractor or subcontractor entering the TCE Area on behalf of Grantee maintain and keep in effect insurance, with USPS named as additionally insured, against claims for personal injury, (including death), and property damage, under a policy of comprehensive general public liability insurance, with such limits, (through basic coverage plus umbrella coverage), as may be reasonably requested by the Grantor from time to time, but not less than $1,000,000 in coverage for bodily injury, (including death), and property damage, which amounts shall be adjusted upon reasonable request of Grantor from time to time to amounts which are normal and customary for similar operations. Such policies of insurance shall name USPS as an additional insured. The policy shall provide that it shall not be cancelable nor may it expire without at least thirty (30) days' prior written notice to the Grantor. Prior to the commencement of the construction under the TCE, there shall be delivered to the Grantor a certificate of the insurance carrier certifying that the policy so delivered has been issued and is in effect and the duration thereof. At least thirty (30) days before any policy shall expire (10 days for non-payment of premium), Grantee shall require and ensure that any consultant, contractor, or subcontractor working on its behalf deliver to the Grantor a replacement certificate, and at least twenty (20) days prior to the date that the premium on any policy shall become due and payable, the Grantor shall be furnished with satisfactory evidence of its payment. 7. Grantee, by acceptance of this TCE, agrees for and on behalf of itself and all persons who may at any time use, occupy, visit or maintain said TCE herein granted to the Grantee, that the Grantor, shall not be responsible for damages, loss to property, injuries or death, which may arise from or be incident to the use or occupation of the TCE Area. 8. The Grantor shall not be liable and the Grantee waives and releases the Grantor from all claims for damage to persons or property sustained by the Grantee, or the Grantee's employees, agents, servants, invitees, contractors and customers resulting by reason of occupying or visiting the property that is the subject of this TCE and/or pertaining to any equipment or appurtenances being used. All property belonging to the Grantee and any use of the TCE shall be at the risk of the Grantee, and the Grantor shall not be liable for damages to any such property or for theft or misappropriation thereof. 9. Grantor reserves the right to use the TCE Area for any purpose not inconsistent with the rights herein granted. During the term of this TCE, Grantee agrees to provide the Grantor, its employees, contractors, customers, and the public with continual and uninterrupted access to the Fayetteville -Clarence B Craft Station. Specifically, Grantee shall provide continuous access to the Grantor's driveway by way of North Vantage Drive during the following period of operation: from 01:45 to 19:00 Monday through Saturday. Also, Grantee shall provide continuous access to the two USPS drop boxes located along the eastern side of the circular drive connecting to the southern side of Grantor's driveway entrance to North Vantage Drive, during the following period of operation: from 09:00 to 18:00 Monday through Friday and from 10:00 to 15:00 on Saturday. In the event Grantee needs to close or block any portion of the Grantor's driveway referenced above, or either of the USPS drop box circular drives referenced above, Grantee shall request such closure, in writing, to the Postmaster or Installation Head of the Page 3 of 13 Fayetteville -Clarence B Craft Station, at least five (5) business days prior to such closure. Such closure shall be permitted only during the hours from 19:00 to 09:00 the following morning from Monday through Friday and from 15:00 Saturday to 01:45 Monday morning. With the aforementioned and following restrictions and requirements, approval of such request by Grantee shall not be unreasonably denied or delayed. In addition, whenever a trench is exposed or pavement is broken up within any driveway, such condition(s) shall be described as "Compromised Area(s)". Whenever any vehicle crosses over any Compromised Area(s), Grantee shall ensure that such Compromised Area(s) shall be covered and secured with steel plate(s) of sufficient size and strength to withstand the weight of a tractor -trailer -size vehicle, so that such driveway may be kept open for traffic crossing for Grantor, its employees, contractors and invitees. Further, during any period in which Grantor's driveway onto North Vantage Drive is restricted from two lanes to one lane, Grantee shall ensure that adequate signage and flagmen are in place to direct traffic. Except as specifically permitted above, or in the event of an emergency, defined herein as a situation creating an immediate threat or danger to life and/or the environment, ("Emergency"), Grantee agrees that during performance of any and all construction or work activities, Grantor's operations shall not be interrupted, disrupted or otherwise impeded as a result of such construction or work activities. Thus, in the event Grantee fails to meet any of the conditions, responsibilities, or restrictions set forth above, except in the event of an Emergency, Grantee shall be in breach of this TCE. In the event of such a breach, Grantor shall notify the Grantee in writing of the precise nature of the breach; email notice to the Grantee is specifically allowed. Grantee shall remedy such breach within three (3) hours of its receipt of Grantor's written notice. In the event the Grantee fails to remedy such breach, Grantor shall have the right to take any and all reasonable actions designed to restore continual and uninterrupted access to the Fayetteville -Clarence B Craft Station, and to return Grantor's operations to their prior status, before such interruption, disruption or impediment by Grantee. Further, Grantor shall be entitled to recover its costs, losses and damages for such interference and the cure for such interference with access from the Grantee. 10. Except in the event of an Emergency, prior to performing any activity within the TCE Area, Grantee shall provide Grantor with at least 5 business days of prior notice before entering the TCE Area. For purposes of notices set forth herein, addresses are: Grantee: City of Fayetteville Attention: Mayor Lioneld Jordan 113 W Mountain Street Fayetteville, Arkansas 72701 Email: mayor fayetteville-ar.gov Copy To: City Attorney Attention: Kit Williams 113 W Mountain Street Fayetteville, Arkansas 72701 Email: city attorney(d,)fayetteville-ar.gov Grantor: USPS Headquarters Attention: Easement and Right of Way Specialist 475 L'Enfant Plaza, SW, Room 6670 Washington, DC 20260-1862 Email: James. M.Ruffing(a)usps.gov Copy To: Fayetteville -Clarence B Craft Station Attention: Postmaster 1590 East Joyce Boulevard Fayetteville, AR 72703-9998Email: Brian.A. Rogers(a.usps.gov Page 4 of 13 11. Any claim, controversy or dispute arising out of this TCE shall be governed by federal law. The remedies provided in this TCE are non-exclusive and are in addition to any remedies available to the Grantor and Grantee under applicable law. 12. This TCE is granted subject to any and all restrictions, covenants, other easements, encumbrances, liens of any kind, leases, and interests of others, including rights -of -way for roads, pipelines, railroads, and public utilities, whether or not matters of public record. 13. The Grantor does not warrant that the TCE Area are suitable for the purposes set forth herein and Grantee hereby waives any express or implied warranty on the part of Grantor. Grantor has no knowledge of subsurface conditions and makes no representations as to soil types, existence of underground utilities, or any other latent conditions that may impact Grantee's use and enjoyment of said TCE. 14. Grantee is not permitted to discharge storm water runoff within the TCE Area or Grantor's Parcel generally. Such prohibition shall include, but not be limited to, discharging silt, hazardous materials or other environmental contaminants within the TCE Area or Grantor's Parcel generally. Further, Grantee shall comply with all environmental laws when performing any activity within the TCE Area or Grantor's Parcel generally. In the event that any hazardous materials or other environmental contaminates are discharged by the Grantee, its employees, agents, contractors or invitees, the Grantee, shall be solely responsible for the cost of any remediation or clean up required by applicable law or regulations and shall indemnify and hold the Grantor, its successors, and assigns harmless against any and all claims, demands, damages, costs, expenses, and legal fees incurred by Grantor in connection with or related to any such discharge, remediation or clean up. 15. Each individual signing on behalf of a party to this TCE states that he or she is the duly authorized representative of the signing party and that his or her signature on this TCE has been duly authorized by, and creates the binding and enforceable obligation of, the parry on whose behalf the representative is signing. [SIGNATURES AND NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGES.] Page 5 of 13 IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction Easement of the day and year first above written. Grantor: United States Postal Service M Its: Contracting Officer STATE OF NORTH CAROLINA ) ) ss COUNTY OF GUILFORD ) On this day of , 2019, personally appeared before me, Contracting Officer, who being by me duly sworn, did say that he/she represents the United States Postal Service, and acknowledged to me that, acting under a delegation of authority duly given and evidenced by law and presently in effect, he/she executed said instrument as the act and deed of the United States Postal Service for the purposes therein mentioned. SEAL My commission expires: NOTARY PUBLIC Page 6 of 13 STATECOUNTYt- • 1 f. �1.... �Z.1►.� On this dof J , 2019, personally appeared before me, Vay dAj 1 , who being by me duly sworn, did say that he/she represents, and acknowledged to me that, acting under a delegation of authority duly given and evidenced by law and presently in effect, he/she executed said instrument as the act and deed of City of Fayetteville for the purposes therein mentioned. �.�Dy ON # 1 . 1r.g`rNoTARy`�� Z� i2•: pUE3L1 O,l`�,���`� 9/V 3 SEAL My commission expires: q)' \0 - 7-2- NOTARY U LIC - U Page 7 of 13 Exhibit 1- USPS Property Deed FILED FOR R-, D 8 NOl! 13 P(7 2 57✓ ,9 This instrument prepared by: MARK E. DENNETT 1Y;iSHi;;GTOt! Co „R Attorney f� f!•4 :ESS Law Department United States Postal Service 225 North Humphreys Boulevard Memphis, Tennessee 38166-0170 WARRANTY DEED STATE OF ARKANSAS 3 COUNTY OF WASHINGTON THIS INDENTURE, made and entered into this b0-day of 01)18+x help, 1998, by VANTAGE SQUARE, A JOINT VENTURE COMPOSED OF A. W. REALTY COMPANY AND J. E. LINDSEY FAMILY LIMITED PARTNERSHIP, Party of the First Part, and the UNITED STATES POSTAL SERVICE, 475 L'Enfant Plaza, West, S.W., Washington, D.C. 20260- 6430, Party of the Second Part. WITNESS that for and in consideration of the sum of ONE MILLION, TWO HUNDRED SEVENTY-SEVEN THOUSAND THIRTY-TWO AND N01100 DOLLARS ($1,277,032.00), cash in hand paid, the receipt hereof is hereby acknowledged, the Party of the First Part has bargained and sold and does hereby bargain, sell, convey and confirm unto the said UNITED STATES POSTAL SERVICE, 475 L'Enfant Plaza, West, S.W., Washington, D.C. 20260-6430, the following described real estate, situated and being in the City of Fayetteville, County of Washington, State of Arkansas, and more particularly described as follows: LEGAL DESCRIPTION —LOT 3A Part of the Northwest -Quarter of Section 25, Township-17-North, Range-30-West, Fayetteville, Washington County, Arkansas more particularly described as follows: Commencing on the Northwest Corner of said Section 25: thence S 00"52'09"E. along the west line of said Section 25, 659.18 feet; thence N 89°26'30"E, 1419.51 feet to the Point of Beginning thence S 01"13'12"E. 201.93 feet; thence S 88°57'05"W, 215.00 feet; thence S 01°13'12"E, 405.21 feet to the northerly Right of Way line of Joyce Street; thence 980993/5 Page 8 of 13 i c: Exhibit 1- USPS Property Deed S 88'57'05"W, along said northerly Right of Way line, 432.17 feet to a point of curvature; thence along said northerly Right of Way line along a curve to the right having a radius of 1290.45 feet, an arc length of 83.68 feet, being sustained by a chord bearing N 89*11'28"W, 83.66 feet; thence leaving said northerly Right of Way line, N 00°52'09"W, 201.95 feet: thence N 47'47'35"E, 614.99 feet; thence N 89"26'30"E, 265.33 feet to the Point of Beginning, containing 263,273 square feet (6.044 acres), more or less. TOGETHER with all right, title and interest of the Party of the First Part in and to any streams, alleys, roads, streets, ways, strips, gores, or railroad rights - of -way abutting or adjoining said land, and together with all the improvements thereon and the appurtenances thereunto belonging and we warrant the title against all persons whomsoever. VANTAGE SQUARE, A JOINT VENTURE CHARLES E. SCHARLAU C ifman W. Realty Company LINDS Y General Partner J. E. Lindsey Family Limited Partnership ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON On this lit� day of November , 1998, before me personally appeared and �r"� �. (.V.dtp� to me known to be the persons described herein and who executed the foregoing instrument, and acknowledged that they executed the same and are authorized to do so on behalf of A. W. REALTY COMPANY AND J. E. LINDSEY FAMILY LIMITED PARTNERSHIP. lUl1 lL A%b1�U11 NOT Y PUBLIC 9849911A6 Wage 9 of 13 Exhibit 1- USPS Property Deed M !cp�rt WINFiELO S. URON3ON, JR NFi CL S. U . /1{jKgNe�S My C-S'On F W MOsM - 18 - 2002 98099347 Page 10 of 13 Exhibit 2 - Existing Ease ent Deed �IGHT OF WAY GRA.T TrtACT NO. STATE OF ARKANSAS RNt)iV Ai,1, Ti{:A` BY T1lCS1 PRESENTS: COUNTY Uf tyASlItNG'fUN That (or and in consideration of ....... and other valuable considerations to the undersigned, Arkansas nester.. Realty Company Arkansas .... ' ..... . _.......... ... ................................ paid, the receipt or which is hereby acknowledged, tile. said Grantor floes hereby GRANT, SELL AND COVEY unto the City of Fayetteville, Arkansas, a municipal corporation (bcrein styled Grantee), its successors and assigns, the right of way and eascmr t. to construct, lay, remove, relay, enlarge and operate a water and/or sewcr pipe lieu or lines, manholes, and appurtenances thereto, on, over, across, and under -the Iu►Inwing described real estate, to -wit: A part of the Myz of Section 25, Township 17 North, Range 30 West, Washington County, Arkansas, and being more particularly described as follows: A permanent water anti/or sewer easement 25 feet in width, being 12.5 feet in width on either side of a centerline described as beginning at a point 765 feet South and 87 feet lust t'f the tlorthwest corner of the SWIs of the N114 of aforementioned Section 2S; thcut:r N l0 27.' 1R" W 528.6 feet; thence N 490 39e 56" E 529.0 feet; thence N 470 5tio.2 feet; them*) N 620 34t 17" L 206,1 feet; thence N 760 31' 15" 1: 7.7S.7 fret; thence N 330 14' 44" E 629.2 feet; thence N 170 11' 36" E 299eFj feet;-1 thevi't,. N 150 26' 20" L' 25.1 feet to the point of tormination, said point fJine F n.f:eproxlmercl,y 471.0 feet (last of the NE corner of the NE4 of the Neils of Afore— frl mentioned Section 25, Also, a temporary construction easement 2S feet Nidth, 0 fora period not to exceed one year from the date hereof,'parallel to 4n r. "I tinuous with the above described permanent easement and situated on thq$gn h � C) ant! East sides•thereof. f30 mt+t x M 4p O a TO HAVE AND '1'0 1IOLD unto said Grantee, its successors and assigns, so long as such pill* line or lines, man- holes and/or appurtenances thereto shall be maintained, with ingress to and egress fruits the real estate first hereinabove described for the purpose of consitueting, inspeetiug, maintaining and repairing said tines, manholes and apptatereances of Grantee above described, and the removal, renewal and enlargement of such at will, in whole or in patt. The said Grantor is'to hilly use and enjoy the said prentises except for the purposes hereinbefore grautcd to die said Grantee, whicli hereby agrces to bury all pipes, whcrc feasible, to a sufficient depth so as not to interfere with cultiv.ition of soil, and that manholes will he constructed (lash with the surface of the ground except in bottom lands whcrc they shall be at a height alcove high a atert and to pay any damages which may arise to growing crops or fences (rein the cuts- •struetion, maintenance and operation as determined by three disinterested persons, onb thereof to be appointed by the said Crantor; Otte by -tile said Crantce; and the third by the two so appointed as aforesaid, am► the written award of such three persons shall be final anti. conclusive. 'rite Crantor agrees pot to rrect any buildings or structures in said right of way other shall fences and said fences shall not exceed' six •(6) fret in height. 'rise Graistee shall have the right to construct additional pipe lines upon the above described ensement at any tiene in the future and agrces to pay any damages as a result of such future construction as set (tut in this casement. The consideration first above recited as being paid to Grantor by Grantee is ;n 11111 satisfaction of every right hereby grantrcl. All covenants and aorrrnuants herein contained shall extend to and be binding upon she respective heirs, legal representatives, successors and assigns of the parties hereto. It is herby und(mmond and agreed that the party securing this grant in behalf of the Grantee is without authority to snaketh- rant or agrccnsent not herein expressed. r'II�x'fy3s$ ..npMMe>S 41tion hercof,this the ..... 4t�I day of ..... April 19 79. . 4TJ � ARMISA9 MS 'I'i RsREALTYCU*II' im....................... . .... ar• n, retary ✓.��"'fGA. 4 'ee:•, v � I i �• •C'h rles E. 5charlau,..Presi.8ent' ... ,... `=`' --ACKN05JLED+�t1ENT eel STATE (iP ��fC{',5•Asi•,` � + ' 994 C7 COUN, TY OF WASHINOON ) BE 1T RE",EMaEREO, that on this date, before me, a Notary Public-tithin and for rain! County and State, duly commissioned and acting, personally appeared . ARMASAS WESTERN 111;At t'v COMPANY by'its •Pres.tdent,� s..-. >~ �l,ar1 ^r and SccretaryWillia'n V. tor- e!wel l known, as the persons who executed tile. foregoing Right of - n (rant, end-ctha�.}hey had iFI}4u;tted),,same in behalf of. said Corporation for the -con - Way an /tpu {�osc. there" mentioned and set forth; Pa�1A,(J� Of 13 k' 1 j 5 my- }sand• and ieal on this 4th day or April . +�! Exhibit 3 - TCE Legal Descriptions and Survey USPS Tract TEMPORY CONSTRUCTION EASEMENT FOR INSTALLATION A Permanent Utility Easement (PUE) across part of the northwest quarter of the northwest quarter of Section 25, Township 17 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, being also a part of the United States Postal Service (USPS) property as described in Washington County document 98-099345, and being more particularly described as follows: Commencing at the southwest corner of the above -noted USPS property; thence along the west line of the said USPS property NO2°33'18"E 133.36 feet to the PUE Point of Beginning; thence continuing NO2°3311811E 33.05 feet; thence leaving the said west line of the USPS property N51'42' 11 "E 7.97 feet; thence N51 °48'49"E 434.35 feet to the north line of the USPS property, the said north line being as described in the adjacent Joyce Office Park property deed recorded at Washington County document 2012- 00008571; thence along the said north line of the USPS property S87°34'34"E 38.41 feet; thence leaving the north line S51 °48'49"W 463.48 feet; thence S51 °42' 11 "W 29.57 feet to the PUE Point of Beginning, enclosing 11,692 square feet, or 0.27 acres. TEMPORARY CONSTRUCTION EASEMENT Also, a Temporary Construction Easement (TCE), 15.0 feet in width, the northwesterly lines of which are coincident with the southeasterly lines of the above -described PUE, and the side lines of which extend to and terminate at the north line of the above -noted USPS property at the north end, and the west line of the USPS property at the west end, the TCE enclosing 7,624 square feet, or 0.18 acres. Page 12 of 13 Exhibit 3 - TCE Leaal Descriptions and Surve BASIS OF BEARINGS: UTILITY EASEMENT --- ARKANSAS STATE PLANE COORDINATE SYSTEM, LISPS PUE 11,692 SQ. FT. (0.27 AC.) NAD 83, NORTH ZONE. TCE 7,62I SQ. FT. (0.18 AC.) (NOT A PLAT OF SURVEY) EXHIBIT "A" MAP PL O BJ A v (ADJACENT) 765-15681-006 JOYCE OFFICE PARK, LLC WD 2012-00008571 (EXCEPTION TO USPS DEED) / S87°34'34"E 38.41' 25-17-30 ��iii�G�'• , y-Tl �t 1�yy yy y / ,� N02033'18"E p� �S��a y 33.05' /°N� �3�'�' EXISTING I N51 42 11 E ���, 3� WATER/SEWER EASEMENT �4r Y.... DrO TO CITY OF FAYETTEVILLE I 7.97 ��;�..: • ��� ROW 994-007 y AREA WITHIN USPS TRACT TO BE ABANDONED I YC �� ' :: 765-15681-001 �`itttti I i Irr����l �� Cs< UNITED STATES POSTAL SERVICE S,TER��%,��� WD 98-099345 S rA'r£ OF % S51042'11"W 29.57' ARKA1`SAS / i = V -`I N0.1398 I � �NO2°33'18"E 133.36' POC SW COR. OF USPS TRACT AT INTERSECTION OF JOYCE AND VANTAGE JOYCE BLYD LL�4 ��. //Illl IIitttt 0 50 100 SCALE: 1"= 100' SHEET 2 OF 3 LEGEND PROPOSED UTIL. EASEMENT — — — — EXISTING RIGHT OF WAY LINE PROPOSED TEMP. CONST. ESMT. — — EXISTING PROPERTY LINE — — — — — — — — — TAX PARCEL LINE LAND LINE Property Owner: UNITED STATES Project Name: CITY OF POSTAL SERVICE KITTY CREEK Drawn by : McClelland Consulting Engineers SEWER LINE FAYETTEVILLE Date: October 2018 Scale : 1" = 100' No. Revisions Date Project No. 172138 Page 13 of 13