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Home My WebLink About145-21 RESOLUTION:n-1 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 145-21 File Number: 2021-0321 FIRE STATION 9 ACCESS EASEMENT: A RESOLUTION TO APPROVE THE CONVEYANCE OF A PERMANENT PUBLIC CROSS - ACCESS EASEMENT TO ROBERT AND VICKIE PARKER FOR THE PURPOSE OF PROVIDING PUBLIC CROSS -ACCESS AT FIRE STATION NO. 9 WHEREAS, on March 2, 2021, the City Council approved Resolution 84-21 approving a contract with Flintco, LLC for the construction of Fire Station 9; and WHEREAS, the dedication of a public cross -access easement was approved by the Planning Commission as a condition of approval for a variance to the City's access management standards for back-to-back curb cuts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l : That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute the Permanent Public Cross -Access Easement, a copy of which is attached to this Resolution, to Robert E. Parker and Vickie Rae Parker and the City of Fayetteville, to comply with the Planning Commission's condition of approval for a variance to the City's access management standards required for the construction of Fire Station No. 9. PASSED and APPROVED on 5/18/2021 Page 1 Printed on 5119121 Resolution: 145-21 File Number: 2021-0321 Attest: PAN -WI'-2WZA Yfri Kara Paxton, City Clerk TreasrgLr. /lN ; ov`�� Page 2 Printed on 5119121 • _:. City of Fayetteville Arkansas 113 West Mountain Street a Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2021-0321 Agenda Date: 5/18/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A.11 FIRE STATION 9 ACCESS EASEMENT: A RESOLUTION TO APPROVE THE CONVEYANCE OF A PERMANENT PUBLIC CROSS - ACCESS EASEMENT TO ROBERT AND VICKIE PARKER FOR THE PURPOSE OF PROVIDING PUBLIC CROSS -ACCESS AT FIRE STATION NO. 9 WHEREAS, on March 2, 2021, the City Council approved Resolution 84-21 approving a contract with Flintco, LLC for the construction of Fire Station 9; and . WHEREAS, the dedication of a public cross -access easement was approved by the Planning Commission as a condition of approval'for a variance to the City's access management standards for back-to-back curb cuts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute the Permanent Public Cross -Access Easement, a copy of which is attached to this Resolution, to Robert E. Parker and Vickie Rae Parker and the City of Fayetteville, to comply with the Planning Commission's condition of approval for a variance to the City's access management standards required for the construction of Fire Station No. 9. City of Fayetteville, Arkansas Page 1 Printed on 5f1912021 Wade Abernathy Submitted By City of Fayetteville Staff Review Form 2021-0321 Legistar File ID 5/18/2021 City Council Meeting N/A for Non -Agenda Item 4/20/2021 FACILITIES MANAGEMENT (140) Agenda Item O y Submitted Date Division / Department Action Recommendation: Approval and execution of the permanent access easement for Fire Station 9 project, parcel 756-15334-000 located on South School Avenue. 4610.860.7109-5860.02 Account Number 46100.7109.8315 Project Number Budgeted Item? NA Does item have a cost? Budget Adjustment Attached? Budget Impact: 4610-Fire Proje:ts 2019 Bonds Current Budget Funds Obligated Current Balance NA Item Cost NA Budget Adjustment Remaining Budget Fund Fire Staion 9 Project Title 0 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF Q FAYETTEVILLE ARKANSAS MEETING OF MAY 18, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer Brad Hardin, Fire Chief CITY COUNCIL MEMO FROM: Wade Abernathy, Director Bond and Construction Projects DATE: April 22, 2021 SUBJECT: Approval and Execution of Permanent Public Access Easement for Fire Station 9. RECOMMENDATION: Staff recommends approval and execution of the access easement for Fire Station 9 project, parcel 765-15334-000 located on South School. BACKGROUND: In March of 2021, Council approved resolution 84-21 for a construction contract with Flintco, LLC for the Fire Station #9. DISCUSSION: This Access easement dedication was proposed in response to the access management variance requested for back-to-back curb cuts. The Planning Commission approved the variance with the easement as a condition of approval. It will allow access to any future developments to the North property. Once the easement is executed, it will allow for the grading and building permits to be issued. BUDGET/STAFF IMPACT: N/A Attachments: Permanent Public Cross -Access Easement Drawing Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Fire Station No. 9 Parcel #765-15334-000 PERMANENT PUBLIC CROSS -ACCESS EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar. ($1.00) and other good and valuable consideration, the receipt of which is,hereby acknowledged, do hereby GRANT, SELL and CONVEY unto RobertE. Parker arid:, Vickie Rae Parker, husband and wife, and the City of Fayetteville, Arkansas, a ' municipal corporation, hereinafter called GRANTEES, and unto Grantees' heirs, successors and assigns, a permanent easement for ingress, egress and access for public purposes in, on, over, and across the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed 2019-35552) i- Part of the Northwest Quarter (NW %) of the Northeast Quarter. (NE %<) of,Section —wenty-Eight (28), Township Sixteen (16) North, Range Thirty (30) West, 5'h Principal Meridian, �Wasliington County, Arkansas, being more particularly described as follows: Beginning at a point which is North 87021'45" West 528.86 feet and North 02029'22" East 465.20 feet from a found crimp pipe representing the Southeast corner of said forty (40) acre tract, the Point of Beginning being a found iron 5/8" rebar; thence North 67015'49" West 193 15 feet to a found 5/8" rebar; thence North 22044'18" East 139.30 feet to a found 5/8" rebar; thence North 77050'33" West 288.49 feet to the Easterly Right of Way of School Avenue said point being in a curve concave Northwesterly and having a radial bearing of North 68033'35" West; thence along the said right of way and curve an arc distance of 143.56 feet through a central angle of 5035'11" and having a radius of 1472.39 feet to a point, said point being a chord bearing and distance of North 18027'18" East 143.50 and a radial bearing of North 74007'47' West; thence leaving said right of way and curve South 67028'28" East 472.76 feet to a found 5/8" rebar; thence South 19006'01 "west 231.65 feet to the Point of Beginning and containing 1.761 acres, more or less. This description being the same as that filed on Survey recorded as File No. 2019-00028213 and filed for record 9/18/2019 of the records of the Circuit Clerk of Washington County, Arkansas. PERMANENT PUBLIC CROSS -ACCESS EASEMENT DESCRIPTION: A permanent public cross -access easement adjacent to the North line of Grantor's above described property described as follows: BEGIN at the found rebar pin at the intersection of Grantor's North property line and the East right of way line of South School Street, and run thence South 670 28' 28" East along Grantor's North property line a distance of 71.50 feet; thence leaving said North property line South 22° 31' 32" West a distance of 25.00 feet; thence North 670 28' 28" West a distance of 68.96 feet to said East right of way line of South School Street; thence North 16' 43' 27" East along said East right of way line a distance of 25.13 feet to the Point of Beginning, containing 1,756 square feet or 0.04 acres, more or less. 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. " +lilt,1 TO HAVE AND TO HOLD unto said Grantees, their heirs, successors; and assigns, as well as the general public for the uses and purposes hereinabove set forth. The Grantor agrees not to erect any permanent buildings or structures in said access easement area. The consideration first above recited as being paid to Grantors by Grantees 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 on behalf of -:he Grantees is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the �� day of , 2021. Fire Station #9 Access Easement Page 2 ATTEST: CITY' �c�y �n'•d •c Kara Paxton, City a Treasu er = E7 9 STATE OF ARKANSAS ss. COUNTY OF WASHINGTON ENT 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 Lioneld Jordan and Kara Paxton, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk Treasurer of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this (��li day of 12021. 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