HomeMy WebLinkAbout231-23 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 231-23
File Number: 2023-1168
WEST WATER TRANSMISSION MAIN (CONDEMNATIONS):
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION
OF CERTAIN LANDS OWNED BY INDIVIDUALS NEEDED FOR THE WEST TRANSMISSION WATER MAIN
PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, the City of Fayetteville has been unable to negotiate the acquisition of easements on 18 properties needed
to complete the West Transmission Water Main Project; and
WHEREAS, the City of Fayetteville needs to gain possession of these needed properties promptly to begin work on
this public improvement and to not delay construction of the project.
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 City Attorney to file suit to
seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by
BFT Rental, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of
the Circuit Court just compensation in the amount of $112,180.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to
seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by
Ross D. Odom Revocable Trust, that is needed for a permanent water/sewer easement for the Project, and to pay into
the registry of the Circuit Court just compensation in the amount of $125,000.00.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to
seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by
TBB Land Holdings, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the
registry of the Circuit Court just compensation in the amount of $141,700.00.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to
seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by
Spring Branch Holdings, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the
registry of the Circuit Court just compensation in the amount of $1,850.00.
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to
Page 1
Resolution: 231-23
File Number: 2023-1168
seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by
Wildcat Creek Farms, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into
the registry of the Circuit Court just compensation in the amount of $81,400.00.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to
seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by
Solomon Properties, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into
the registry of the Circuit Court just compensation in the amount of $23,450.00.
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to
seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by
One Twelve, LLC — Potts Family, LLC, that is needed for a permanent water/sewer easement for the Project, and
to pay into the registry of the Circuit Court just compensation in the amount of $200.00.
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to
seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by
Elmdale Lake, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of
the Circuit Court just compensation in the amount of $77,660.00.
Section 9: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to
seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by
One Twelve Village, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into
the registry of the Circuit Courtjust compensation in the amount of $238,050.00.
Section 10: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit
to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned
by Fayetteville School District #1, that is needed for a permanent water/sewer easement for the Project, and to pay into
the registry of the Circuit Court just compensation in the amount of $47,000.00.
Section 11: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit
to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned
by Charles Andrew Cassat 2014 Revocable Trust that is needed for a permanent water/sewer easement for the Project,
and to pay into the registry of the Circuit Court just compensation in the amount of $87,000.00.
Section 12: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit
to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned
by Benny Moore Revocable Trust, that is needed for a permanent water/sewer easement for the Project, and to pay into
the registry of the Circuit Court just compensation in the amount of $19,750.00.
Section 13: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit
to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned
by Scott & Belinda Musgrave, that is needed for a permanent water/sewer easement for the Project, and to pay into the
registry of the Circuit Court just compensation in the amount of $90,350.00.
Section 14: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit
to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned
by James & Patricia Galloway, that is needed for a permanent water/sewer easement for the Project, and to pay into the
registry of the Circuit Court just compensation in the amount of $3,400.00.
Section 15: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit
to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned
by James Paul & Shawna Galloway, that is needed for a permanent water/sewer easement for the Project, and to pay
into the registry of the Circuit Court just compensation in the amount of $6,720.00.
Page 2
Resolution: 231-23
File Number. 2023-1168
Section 16: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit
to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned
by Jason M. Thomas & Jennifer A. Olivero Sanchez, that is needed for a permanent water/sewer easement for the
Project, and to pay into the registry of the Circuit Courtjust compensation in the amount of $42,600.00.
Section 17: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit
to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned
by Brigitte L. Farris, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of
the Circuit Court just compensation in the amount of $2,050.00.
Section 18: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit
to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned
by Bobby J. Chandler Revocable Trust; Juanita F. Chandler Revocable Trust, that is needed for a
permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in
the amount of $41,025.00.
Section 19: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of
which is attached to this Resolution.
PASSED and APPROVED on October 17, 2023
Page 3
Attest: GOEEZK+Ir111
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Kara Paxton, City Cle c Treasurer
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CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 17, 2023
CITY COUNCIL MEMO
TO:
Mayor Jordan and City Council
THRU:
Susan Norton, Chief of Staff
FROM:
Tim Nyander, Utilities Director
DATE:
SUBJECT:
Easement Condemnations for West Water Transmission Main Project
RECOMMENDATION:
2023-1168
Staff recommends City Council approval of a Resolution authorizing the City Attorney to seek condemnation
and an order of possession for the remaining easements necessary for the West Transmission water main
project, and approval of a budget adjustment.
BACKGROUND:
The City's wholesale water supplier, Beaver Water District (BWD), has begun construction on a western water
distribution point near HWY-112 and the newly constructed Springdale Northern Bypass, HWY-612. This
facility will supply a western water transmission feed to all four customer cities, helping with hydraulics, critical
redundancy, and overall utility resiliency. Fayetteville's 11.3-mile connection to the proposed BWD facility has
been identified in water master plans for many years. The project is currently being designed, with construction
planned to begin in late 2024. For this 48-inch diameter waterline, a 50-foot wide easement is necessary along
the entire route to construct and maintain the line throughout its lifetime. The route chosen is specifically
designed to be as unobtrusive as possible to impacted properties, staying close to property lines whenever
possible.
DISCUSSION:
The prompt construction of this waterline is necessary to ensure clean water remains constantly available to
everyone within our water district. We serve everyone in our mandated water district from Goshen to
Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations on the City's pending $85MM loan require that we must obtain signed
easements or Court ordered possessory rights for every necessary parcel by December 1st. This will allow
field work to begin on critical -path environmental and cultural resources studies prior to the State's closing
deadline for the loan. If the deadline is not reached, the City's interest rate would increase substantially (from
1.75% to 5% or higher). This would increase the lifetime loan costs by $35MM or more.
Even if a condemnation must be filed on a particular property, we prefer reaching fair settlements with every
landowner and the city will continue negotiating with property owners to obtain easements without having to go
to trial.
BUDGET/STAFF IMPACT:
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
The payment for land acquisition will be made from the West Water Transmission Line account, a budget
adjustment is attached to move funds into this account from the Water System Rehabilitation/Replacement
account. The agenda item staff review form indicates $1,737,125.00 as the cost of this request. It should be
noted that this is an estimate, based on the appraised value of the properties, and that the final cost is subject
to negotiation with the property owners or court order. The appraised value will be deposited into the Registry
of the Circuit Court as just compensation when the condemnation complaint is filed for the property so the city
will be able take immediate possession of the easements.
ATTACHMENTS: SRF (#3), BA (#4), Summary List of Easements (#5), Easements (#6), Revised BA (#7)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1168
Easement Condemnations for West Water Transmission Main Project
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND
POSSESSION OF CERTAIN LANDS OWNED BY INDIVIDUALS NEEDED FOR THE WEST
TRANSMISSION WATER MAIN PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, the City of Fayetteville has been unable to negotiate the acquisition of easements on 18
properties needed to complete the West Transmission Water Main Project; and
WHEREAS, the City of Fayetteville needs to gain possession of these needed properties promptly to
begin work on this public improvement and to not delay construction of the project.
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 City
Attorney to file suit to seek court -ordered possession of property located on or near the West
Transmission Water Main Project and owned by BFT Rental, LLC, that is needed for a permanent
water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation
in the amount of $112,180.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the West
Transmission Water Main Project and owned by Ross D. Odom Revocable Trust, that is needed for a
permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just
compensation in the amount of $125,000.00.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the West
Transmission Water Main Project and owned by TBB Land Holdings, LLC, that is needed for a
permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just
compensation in the amount of $141,700.00.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the West
Transmission Water Main Project and owned by Spring Branch Holdings, LLC, that is needed for a
permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just
Page 1
Resolution:
File Number:
2023-1168
compensation in the amount of $1,850.00.
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the West
Transmission Water Main Project and owned by Wildcat Creek Farms, LLC, that is needed for a
permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just
compensation in the amount of $81,400.00.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the West
Transmission Water Main Project and owned by Solomon Properties, LLC, that is needed for a
permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just
compensation in the amount of $23,450.00.
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the West
Transmission Water Main Project and owned by One Twelve, LLC — Potts Family, LLC, that is needed
for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court
just compensation in the amount of $200.00.
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the West
Transmission Water Main Project and owned by Elmdale Lake, LLC, that is needed for a permanent
water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation
in the amount of $77,660.00.
Section 9: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the West
Transmission Water Main Project and owned by One Twelve Village, LLC, that is needed for a
permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just
compensation in the amount of $238,050.00.
Section 10: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the West
Transmission Water Main Project and owned by Fayetteville School District #1, that is needed for a
permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just
compensation in the amount of $47,000.00.
Section 11: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the West
Transmission Water Main Project and owned by Charles Andrew Cassat 2014 Revocable Trust that is
needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit
Page 2
Resolution:
File Number:
2023-1168
Court just compensation in the amount of $87,000.00.
Section 12: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the West
Transmission Water Main Project and owned by Benny Moore Revocable Trust, that is needed for a
permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just
compensation in the amount of $19,750.00.
Section 13: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the West
Transmission Water Main Project and owned by Scott & Belinda Musgrave, that is needed for a
permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just
compensation in the amount of $90,350.00.
Section 14: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the West
Transmission Water Main Project and owned by James & Patricia Galloway, that is needed for a
permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just
compensation in the amount of $3,400.00.
Section 15: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the West
Transmission Water Main Project and owned by James Paul & Shawna Galloway, that is needed for a
permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just
compensation in the amount of $6,720.00.
Section 16: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the West
Transmission Water Main Project and owned by Jason M. Thomas & Jennifer A. Olivero Sanchez, that
is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the
Circuit Court just compensation in the amount of $42,600.00.
Section 17: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the West
Transmission Water Main Project and owned by Brigitte L. Farris, that is needed for a permanent
water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation
in the amount of $2,050.00.
Section 18: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the West
Transmission Water Main Project and owned by Bobby J. Chandler Revocable Trust; Juanita F.
Chandler Revocable Trust, that is needed for a permanent water/sewer easement for the Project, and to
Page 3
Resolution:
File Number:
2023-1168
pay into the registry of the Circuit Court just compensation in the amount of $41,025.00.
Section 19: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
Page 4
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2023-1168
Item ID
10/17/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/29/2023 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends City Council approval of a Resolution authorizing the City Attorney to seek condemnation and an
order of possession for the remaining easements necessary for the West Transmission water main project, and
approval of a budget adjustment.
5400.720.5600-5810.00
Account Number
18015.2201
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Water & Sewer
Fund
West Water Transmission Line - West Corridor
Project Title
Total Amended Budget $ 2,212,517.00
Expenses (Actual+Encum) $ 2,212,517.00
Available Budget
Item Cost $ 1,737,125.00
Budget Adjustment $ 1,737,125.00
Remaining Budget
V20221130
Previous Ordinance or Resolution #
Approval Date:
City of Fayetteville, Arkansas - Budget Adjustment (Agenda) 1 Errors
Budget Year Division Adjustment Number
WATER SEWER (720)
/Org2
2023
Requestor: Cheryl Partain
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A budget adjustment is needed to transfer budgeted funds to the West Water Transmission Line Project for the remaining
Easements for the West Corridor Water Transmission Line Project. Budgeted funds from the Water Impact Fee
Improvement Project will be transferred and utilized for a majority of the cost of this project. This project will increase
capacity and meets the requirements to utilize Impact Fee Budgeted Funds.
COUNCIL DATE:
ITEM ID#:
10/17/2023
2023-1168
Holly Black
912912023 9:49 RIn
RESOLUTION/ORDINANCE
Budget Division Date
TYPE: D - (City Council)
JOURNAL#:
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
3,474,250 3,474,250
Increase / (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl AT
v.202398
Account Name
5400.720.5600-5810.00
1,737,125
-
18015
2201 EX
Easements
5400.720.5600-6602.30
2300.720.9300-7602.40
-
1,737,125
1,737,125
-
18015
07002
2201 RE
8015.2201 EX
Transfer from Fund - Impact Fee
Transfers To Funds - Water & Sewer Fund
2300.720.9300-4999.99
-
1,737,125
RE
Use Fund Balance - Current
I of 1
Easement Tracts for Condemnation
West Water Transmission Main Project
Tract
Owner
Amount
3
BFT RENTAL LLC
$ 112,180.00
17
ODOM, ROSS D REVOCABLE TRUST
$ 125,000.00
22A
SPRING BRANCH HOLDINGS LLC
$ 1,850.00
23
TBB LAND HOLDINGS LLC
$ 141,700.00
33
ROGERS, RUSSELL B & ESTHER P
$ 65,300.00
34
FOUR HORN PROPERTIES LLC
$ 26,650.00
35
WILDCAT CREEK FARMS LLC
$ 81,400.00
36
SOLOMON PROPERTIES LLC
$ 23,450.00
37E
C L GEORGE & SONS
$ 35,000.00
54
ONE TWELVE LLC-POTTS FAMILY LLC
$ 200.00
59
ELMDALE LAKE LLC
$ 77,660.00
60
HAYS, PHILLIP D
$ 137,550.00
62
BUSSE, CYNTHIA; HURLBUT, DANNY GEORGE
$ 43,000.00
64
DETMER, KENT BIRD
$ 97,750.00
101
FELLOWSHIP BIBLE CHURCH OF NORTHWEST ARKANSAS
$ 24,140.00
103
ONE TWELVE VILLAGE LLC
$ 238,050.00
104
WILLOW BEND OPTIONCO LLC
$ 107,150.00
105
FAYETTEVILLE SCHOOL DIST # 1
$ 47,000.00
107
CASSAT, CHARLES ANDREW 2014
$ 87,000.00
108
MOORE, BENNY REVOCABLE TRUST
$ 19,750.00
124
HARRIS, AARON RAY & CRISTINA
$ 51,100.00
125
MUSGRAVE, SCOTT & BELINDA
$ 90,350.00
133
GALLOWAY, JAMES E & PATRICIA
$ 3,400.00
134
GALLOWAY, JAMES PAUL & SHAWNA
$ 6,720.00
167
MOSER, DENNIS W & EVA M
$ 8,100.00
169
THOMAS, JASON M & SANCHEZ, JENNIFER A OLIVERO
$ 42,600.00
170
FARRIS, BRIGITTE L
$ 2,050.00
169A
ICHANDLER, BOBBY J REV TRUST; CHANDLER, JUANITA F R
$ 41,025.00
1,737,125.00
BFT Rental, LLC
Tract No. 3
West Transmission Main
Parcel No. 765-15832-000
Tract No. 3
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT BFT Rental, LLC, 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, 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. 2016-14655-second description)
Part of the West Half (W'/2) of the Southwest Quarter (SW'/) of Section Twenty-eight (28), Township
Seventeen (17) North, Range Thirty (30) West, being more particularly described as follows: Commencing
at the northwest corner of the SW'/4 of said Section 28, Township 17 North, Range 30 West, thence S87014'
29"E 1320.14 feet to a point of the East line of the West Half (W'/2), Southwest Quarter (SW'/4) said Section,
thence South 02 degrees 31 minutes 02 seconds West 34.99 feet along said East line to the southern right-
of-way Arkansas No. 112 and the point of beginning, thence continuing along said East line South 02
degrees 31 minutes 02 seconds West 1298.63 feet, thence North 87 degrees 16 minutes 08 seconds West
600.60 feet to the East right-of-way of Washington County Road No. 890, thence along said right-of-way
North 10 degrees 49 minutes 52 seconds East 321.00 feet, thence with said right-of-way North 07 degrees
55 minutes 08 seconds West 284.30 feet, thence with said right of way N25°41'08"W, 166.10 feet, thence
with said right-of-way North 25 degrees 41 minutes 08 seconds West 576.59 feet to the southern right-of-
way of Arkansas Highway No. 112, thence along said right-of-way South 87 degrees 35 minutes 48
seconds East 853.75 feet to the point of beginning, all located in Fayetteville, Washington County,
Arkansas, and containing 19.860 acres, more or less.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of Section 28, Township 17 North,
Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the SE Corner of the NW1/4 of the SW1/4 of said Section 28; thence along the east line of said NW1/4, N
02037'20" W 95.61 feet to the Point of Beginning (POB); thence leaving said east line, N 87°13'55" W 576.04
feet to the east Right -of -Way (ROW) of N. Deane Solomon Road; thence along said east ROW for the following
two calls: thence N 10°36'25" E 154.29 feet; thence N 04°47'44" E 14.01 feet; thence leaving said ROW, S
81014'37" E 50.00 feet; thence S 17031'16" E 119.01 feet; thence S 87013'55" E 463.38 feet to the east line of
said NW1/4; thence along said east line, S 02°37'20" W 50.00 feet; to the Point of Beginning (POB), containing
37,393 sq. ft., or 0.86 acres.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
WATER/SEWER EASEMENT
Page 2
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 on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of 2023.
BFT Rental, LLC
By:
Dale Benedict, Manager
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF
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 Dale Benedict, to me well known as the person who executed
the foregoing document, and who stated and acknowledged that he is the Manager of BFT Rental, LLC, and is duly
authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said LLC, and further
stated and acknowledged that he 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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
10 14' 37"E-50.00'
NW -SW
28-17-30
0 50 100
SCALE 1" = 100'
N040 47' 44"E-14.01'
\ \ \ S170 31' 16"E-119.01'
BFT RENTAL LLC
PN.765-15832-000
DEED 2016-14655
3g \\\\v
1�1 p o \ \ \ \ \ S870 13' 55"E-463.38'
N87° 13' 55"W-576.04' \
z ESMT 03 37393 SQ. FT. S020 37' 20"W-50.00' /
I
0.86 AC.
POB
- NO2o 37' 20"E-95.61'
LEGEND
SE CORNER—`
N W1/4, SW%a
SECTION 28
T17N-R30W
765-15832-000 TAX PARCEL NUMBER
'�
PROPOSED RIGHT-OF-WAY
2016-14655
DEED RECORD
r��������
PROPOSED PERMANENT EASEMENT
—
— EXISTING PROPERTY LINE
�ZE- _,
PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE
COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
MpNA6ER
DATE
MTN BY
RAWTw
REVISION
WEST TRANSMISSION MAIN
McCLELLAND
CONSULTING
04/05/23
SCALE:
1
PRO]. NUMBER'.
EXHIBIT "A"
FAYETTEVILLE AR
—ENGINEERS, INC.
AS NOTED
11-2184
MAP
TRACT 03
1580 E. STEARNS ST.
1
EXi
BFT RENTAL LLC
FAYETTEVILLE, AR 72703
(479)443-2377
HT P://WWW.MCE.US.COM
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: Southeast corner of State Highway 112 and Deane Solomon Road,
Fayetteville
Client: McClelland Consulting Engineers
Fee Owner: BFT Rental LLC
Mailing Address: P.O. Box 1927, Fayetteville, AR 72702
Area Of The Whole: 19.86± ACS Permanent Easement 0.86f AC
Area Of Remainder: 19.86f ACS
Area Of Acquisition: N/A
HIGHEST AND BEST USE:
Whole Property Residential Development
Remainder Property Residential Development
ACQUISITION COMPENSATION:
Before
Land: 19.86f ACS $ 2,465,000
Improvements: Not Applicable $
Total: $ 2,465,000
After
Land: 19.86f ACS $ 2,448,050
Improvements: Not Applicable $
Total $ 2,448,050
FAIR MARKET VALUE OF ACQUISITION $ 74,950
Total Compensation as of: August 15, 2023 $ 74,950
ALLOCATION OF COMPENSATION
Land: Not Applicable $ 0
Permanent Easement: 0.86f Acre (Rounded) $ 74,950
Temporary Construction Easement: Not Applicable $ 0
Improvements: Not Applicable $ 0
Damages: Not Applicable $ 0
Cost to Cure Items: $ 0
Total Compensation: $ 74,950
Please see the Extraordinary Assumptions and Hypothetical Condition previously presented.
"TIF/,,
STATE ~o
Katie Reed Hampton, CG3642 mREGENEM
o
REED & ASSOCIATES, INC. •. COM pr
,,' N•HAMr;,r
7
CITY OF
FAYETTEVILLE
ARKANSAS
September 22, 2023
BFT Rental LLC
PO Box 1927
Fayetteville, AR 72702
RE: West Transmission Main Line
Parcel Nos. 765-15832-000 Tract 3
Offer to Purchase Easement
Dear Mr. Benedict:
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new
outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly
available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington,
from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for
every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023
to authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street
rights -of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for
these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a
trial. There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $112,180.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents upon your request. A payment check will be requested upon receipt of all
necessary documents by the City, and we will mail your check for full payment promptly. We will provide a copy, of the
recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number
(Corporation) so that a check can be written A W-9 was provided for this purpose, but we will provide another copy upon
your request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated
easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hjones(dDfayetteville-ar.gov) or Brandi Samuels
(479) 444-3421(bsamueisCcDfayetteville-ar.gov), For questions or concerns, please contact Corey Granderson, Utilities
Engineer at cgranderson(cDfayetteville-ar qov or Tim Nyander, Utilities Director at tnyander�efayetteville-ar.gov.
Wit kindest regards,
Tim Nyander
Utilities Director
TN/hj
Eric
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Ross D. Odom Revocable Trust
Tract No. 17
West Transmission Main
Parcel No. 001-16718-000
Tract No. 17
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE, Ross D. Odom and Karen Kelley Odom, Co -Trustees, Ross
D. Odom Revocable Trust Under Declaration Date September 12, 2017,
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, 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, grantee owned fiber optic equipment 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: Warranty Deed: 2022-11220 (first description only)
Twenty-six (26) acres of equal width off the East side of the Southeast Quarter (SE'/4) of the Northwest Quarter
(NW'/4) in section Twenty-nine (29), Township Seventeen (17) North, range Thirty (30) West, except that part lying
and being North and West of county Road 892, containing 1.26 acres, more or less, being also described as
follows: Beginning at the Southeast corner of said forty acre tract; thence N 00°22'06"E 1310.36 feet to the
Northeast corner of said forty acre tract; thence N89°11'42"W along the North line of said forty acre tract 658.05
feet to the center of County Road 892 from which a reference iron bears S89°11'42"E 30.26 feet; thence along the
centerline of said road to the following bearings and distances: S06°41'30"E 180.70 feet; S12°51'34"W 53.96 feet;
S67°21'22"W 57.82 feet; N88°46'56"W 151.96 feet to the West line of said twenty-six (26) acre tract from which a
reference iron bears S00°22'06"W 30.0 feet; thence leaving said centerline S00°22'06"W 1060.02 feet to the South
line of said forty acre tract; the S89°41'33"E 861.85 feet to the point of beginning, containing 24.74 acres, more or
less. The above described tract being subject to easements, rights of way and restrictive covenants of record, if
any.
PERMANENT EASEMENT DESCRIPTION:
Part of the Southeast Quarter (SE1/4) of the Northwest Quarter (NW1/4) of Section 29, Township 17 North,
Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the SE Corner of said SE1/4 of the NW1/4; thence along the east line of said SE1/4, N 02°48' 00" E, 54.81 feet
to the Point of Beginning (POB ESMT); thence leaving said east line, N 87'42'11" W 532.05 feet to the east
ROW line of Salem Road; thence along said east ROW for the following two calls: thence N 02054'18" E 636.75
feet; thence along a tangent curve to the left, an arc distance of 410.09 feet, said curve having a radius of
1927.32 feet, and a chord bearing and distance of N 03'11'26" W 409.31 feet; thence leaving said east ROW,
N 80042'50" E 20.00 feet; thence along a non -tangent curve to the left, an arc distance of 22.63 feet, said curve
having a radius of 1947.32 feet, and a chord bearing and distance of N 09°37'09" W 22.63 feet; thence
N 09°57'07" W 109.83 feet; thence along a non -tangent curve to the right, an arc distance of 83.68 feet, said
curve having a radius of 1528.82 feet, and a chord bearing and distance of N 08030'38" W 83.67 feet to the
Grantor's north property line; thence along said north property line, S 87°16'53" E 50.74 feet; thence leaving
said north property line, along a non -tangent curve to the left, an arc distance of 72.48 feet, said curve having a
radius of 1478.82 feet, and a chord bearing and distance of S 08040'35" E 72.48 feet; thence S 09057'07" E
109.89 feet; thence along a tangent curve to the right, an arc distance of 123.25 feet, said curve having a radius
of 1997.32 feet, and a chord bearing and distance of S 08'11'03" E 123.23 feet; thence S 80°42'50" W 20.03
feet; thence along a non -tangent curve to the right, an arc distance of 320.68 feet, said curve having a radius of
1977.32 feet, and a chord bearing and distance of S 01 °44'28" E 320.33 feet; thence S 02°54'18" W 586.20 feet;
thence S 87°42'08" E 481.95 feet to the Grantor's east property line; thence along said east property line, S
02048'00" W 50.00 feet; to the Point of Beginning (POB), containing 89,241 sq. ft., or 2.05 acres.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
TEMPORARY CONSTRUCTION EASEMENT A
Part of the Southeast Quarter (SE1/4) of the Northwest Quarter (NW1/4) of Section 29, Township 17 North,
Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the SE Corner of said SE1/4 of the NW1/4; thence along the east line of said SE1/4, N 02°48' 00" E, 24.79 feet
to the Point of Beginning (POB TCE A), said point being on the north right-of-way (ROW) line of Howard Nickell
Road; thence leaving said east line, N87°46'56" W 532.11 feet along said north ROW line to the east ROW line
of Salem Road; thence leaving said north ROW line, N 02°54'18" E 30.75 feet along said east ROW; thence
leaving said east ROW, S 87'42'11" E 532.05 feet to the east line of said SE1/4; thence along the east line of
said SE1/4, S 02°48'00" W 30.02 feet; to the Point of Beginning (POB TCE A), containing 16,167 sq. ft., or 0.37
acres. AND ALSO
WATER/SEWER EASEMENT
Page 2 of 2
TEMPORARY CONSTRUCTION EASEMENT B
Part of the Southeast Quarter (SE1/4) of the Northwest Quarter (NW1/4) of Section 29, Township 17 North,
Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the SE Corner of said SE1/4 of the NW1/4; thence along the east line of said SE1/4, N 02°48' 00" E, 104.81
feet; thence leaving said east line, N 87°42'08" W 431.95 feet to the Point of Beginning (POB TCE B); thence N
87°42'08" W 50.00 feet; thence N 02°54'18" E 50.00 feet; thence S 87°42'08" E 50.00 feet; thence S 02°54'18"
W 50.00 feet; to the Point of Beginning (POB TCE B), containing 2,500 sq. ft., or 0.06 acres.
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.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any
permanent structure presently located within said temporary construction and grading easement area.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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 on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this 7th day of September, 2023.
Ross D. Odom Revocable Trust Under Declaration Date September 12, 2017
Ross D. Odom, Co -Trustee Karen Kelley Odom, Co -Trustee
STATE OF ARKANSAS
COUNTY OF WASHINGTON
ACKNOWLEDGMENT
ss.
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, Ross D. Odom and Karen Kelley Odom, Co -Trustees, Ross
D. Odom Revocable Trust Under Declaration Date September 12, 2017 to me well known as the persons who executed
the foregoing document, and who 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 7th day of September, 2023.
MY COMMISSION EXPIRES:
Notary Public
1
R=1528.82', D=83.68'
CH=N8°30'38"W, CD=83.67'
N09° 57' 07"W-109.83
R=1947.32', D=22.63'
CH=N9°37'09"W, CD=22.63'�
N800 42' 50"E-20.00'JI
I
R=1927.32', D=410.09'
CH=N3°11'26"W, CD=409.31'�
S870 16' 53"E-50.74'
\
\ R=1478.82', D=72.48'
\ \ CH=S8040'35"E, CD=72.48'
\ S090 57' 07"E-109.89'
\
\
\ \ R=1997.32', D=123.25'
\ \r—CH=S8°11'03"E, CD=123.23'
\ `� S80° 42' 50"W-20.03'
\y
\ \J
\ \I
\ \k_R=1977.32', D=320.68'
\ \ CH=S1044'28"E, CD=320.33'
\ \I
\ \I
\ \I
1" = 200'
ROSS D. ODOM
ESMT 17
\ REVOCABLE TRUST
89241 SQ. FT.
\ PN. 001-16718-000
2.05 AC.
p \ DEED 2022-11220
0 \
\ o
U-1 \ N
<I \ 00
SEY4, NWY4
\
SECTION 29
in
I00
T17N-R30W
\
�o \
M �
LD \ N
00 \ \ O S870 42' 08"E-50.00'
07
\ TCE 17B
Lin 2500 SQ. FT.
o \ 0.06 AC.
N \
z \ S020 54' 18"W-50.00'
\ o POB TCE B POB ESMT
\ 50' S870 42' 08"E-481.95'
N020 54' 18"E-30.75'
— R�
\ \ \
S020 48' 00"W-50.
\ \ \ \ \N870 42' 11"W-532.05' \ \ \ \
I
N87° 46' S6"W-532`ll
S02° 48' 00"W-30.02'
_ —HOWARD NICKEL ROAD —
TCE — — TCE
RAW R W
_
—
N020 48' 00"E-24.79'
R W
TCE 17A
POB TCE A
u
RAW _
O
16167 SQ. FT.
0.37 AC.
o SE CORNER SEY4, NWY4
M
1L SECTION 29 T17N-R30W
LEGEND
001-16718-000 TAX PARCEL NUMBER ® PROPOSED RIGHT-OF-WAY
2022-11220 DEED RECORD PROPOSED PERMANENT EASEMENT
EXISTING PROPERTY LINE C PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
Tw JMr McCLELLAND
O E: REV�E�°N: WEST TRANSMISSION MAIN CONSULTING
11/22/2022 2 EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INC.
SCALE: PRO]. NUMBER'.
AS NOTED 11-2184 MAP TRACT 17 1580 E. STEARNS ST.
ROSS D. ODOM REVOCABLE TRUST FAYETTEVILLE, AR 72703
E V — i IWWW 443US.CO
1 HTTP://WWW.MCE.US.COM
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: 3475 N. Salem Road, Fayetteville, AR
Client: McClelland Consulting Engineers
Fee Owner: Ross D. Odom Revocable Trust
Mailing Address: P.O. Box 8308, Fayetteville, AR 72703
Area Of The Whole: 24.74f ACS
Area Of Remainder: 24.74f ACS Permanent Easement 2.05f ACS
Area Of Acquisition: N/A Temporary Construction Easements: 0.37f AC
0.06f AC
0.43± AC
HIGHEST AND BEST USE:
Whole Property Mixed use (see Highest and Best Use section)
Remainder Property Mixed use (see Highest and Best Use section)
ACQUISITION COMPENSATION:
Before
Land: 24.74f ACS
$
1,616,500
Improvements: Not Appraised
$
Total:
$
1,616,500
After
Land: 24.74f ACS
$
1,529,800
Improvements: Not Appraised
$
Total
$
1,529,800
FAIR MARKET VALUE OF ACQUISITION
$
86,700
Plus: TCE
$
2,650
Total Compensation as of: December 29, 2022
$
89,350
ALLOCATION OF COMPENSATION
Land: Not Applicable
$
0
Permanent Easement: 2.05f Acres (Rounded)
$
86,700
Temporary Construction Easements: 0.43f AC @ Rental Value
$
2,650
Improvements: Not Applicable
$
0
Damages: Not Applicable
$
0
Cost to Cure Items: Not Applicable
$
0
Total Compensation:
$
89,350
Please see the Extraordinary Assumptions and Hypothetical Condition previously presented.
Katie Reed Hampton, CG3642
Reed & Associates, Inc.
STATE '
COMFIED
GENERAL
WS"2
'�nnnu�n
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Ross D. Odom Revocable Trust
c/o Ross D. & Karen K. Odom, Trustees
PO Box 8308
Fayetteville, AR 72703
RE: West Transmission Main Line
Parcel No. 001-16718-000 (3475 N Salem Rd)
Tract 17
Offer to purchase easement
Dear Mr. & Mrs. Odom:
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water
District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains
constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to
Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every
necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to
authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -
of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these
projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial.
There is a brochure enclosed explain the process.
Please accept our professionally appraised offer (or counter offer) of $125,000.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will he rerltiested tipnn receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the
associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hiones;a?fayetteville-ar.gov) or Brandi
Samuels (479) 444-3421 (bsamuels�fayetteville-ar.gov). For questions or concerns, please contact Corey Granderson,
Utilities Engineer at cgranderson(Zfayetteville-ar.gov or Tim Nyander, Utilities Director at tnyanderCc-fayetteville-ar.gov.
With indest regards,
Tim *ander!!
Utilities Director
TN/hj
Enc
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Spring Branch Holdings, LLC
Tract No. 22A
West Transmission Main
Parcel No. 001-16715-001
Tract No. 22A
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Spring Branch Holdings, LLC, 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, 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 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: Warranty Deed: 2022-2090
A part of the NW'/4 of the NW'/4 and a part of the W'/2 of the NE'/4 of the NW'/, all in Section 29, Township 17
North, Range 30 West, in Washington County Arkansas and being described as follows: Commencing at the
NW corner of said NW'/, NW'/; thence South 00 degrees 19 minutes 22 seconds West 216.36 feet to the POB,
thence South 63 degrees 59 minutes 10 seconds East, 910.80 feet; thence South 47 degrees 18 minutes 20
seconds East 74.91 feet; thence South 37 degrees 04 minutes 01 seconds East 146.30 feet; thence South 53
degrees 22 minutes 43 seconds East 205.83 feet; thence South 70 degrees 23 minutes 56 seconds East 69.17
feet; thence South 86 degrees 28 minutes 13 seconds East 124.88 feet; thence South 80 degrees 09 minutes
30 seconds East 196.93 feet; thence South 66 degrees 03 minutes 52 seconds East 105.52 feet; thence South
31 degrees 20 minutes 37 seconds East 104.19 feet; thence South 89 degrees 44 minutes 46 seconds East
309.19 feet; thence South 00 degrees 13 minutes 50 seconds West 20 feet; thence North 89 degrees 44
minutes 46 seconds West 320.38 feet; thence North 31 degrees 20 minutes 37 seconds West 109.11 feet;
thence North 66 degrees 03 minutes 52 seconds West 96.79 feet; thence North 80 degrees 09 minutes 30
seconds West 193.36 feet; thence North 86 degrees 28 minutes 13 seconds West 126.61 feet; thence North 70
degrees 23 minutes 56 seconds West 74.99 feet; thence North 53 degrees 22 minutes 43 seconds West 211.69
feet; thence North 37 degrees 04 minutes 01 second West 147.38 feet; thence North 47 degrees 18 minutes 20
seconds West 70.19 feet; thence North 63 degrees 59 minutes 10 seconds West 27.66 feet; thence South 12
degrees 54 minutes 29 seconds West 400.48 feet; thence North 70 degrees 26 minutes 54 seconds West
738.46 feet; thence North 00 degrees 19 minutes 22 seconds East 547.26 feet to the POB, containing 9.13
acres, more or less, subject to easements and right of way of record.
PERMANENT EASEMENT DESCRIPTION:
Permanent Easement #1:
Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4), and part of the Northeast Quarter
(NE1/4) of the Northwest Quarter (NW1/4) of Section 29, Township 17 North, Range 30 West, Washington
County, Arkansas, being more particularly described as follows: Commencing at the NE Corner of NW1/4 of the
NW1/4 of said Section 29; thence along the east line of said NW1/4, South 02o34'02" West, 919.54 feet to the
Grantor's north line and to the Point of Beginning (POB ESMT 1); thence leaving said east line, S 84°09'45" E
3.88 feet along said north line; thence continuing along said north line, S 77°51'02" E 6.62 feet; thence leaving
said north line, S 58°00'36" W 31.43 feet to the Grantor's south line; thence along said south line, N 84°09'45"
W 81.53 feet; thence leaving said south line, N 58000'36" E 32.62 feet to the Grantor's north line; thence along
said north line, S 84°09'45" E 70.14 feet; to the Point of Beginning (POB ESMT 1), containing 1,628 sq. ft., or
0.037 acres.
Permanent Easement #2:
Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 29, Township 17 North,
Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the NE Corner of NW1/4 of the NW1/4 of said Section 29; thence along the east line of said NW1/4, South
02034'02" West, 919.54 feet to the Grantor's north line; thence leaving said east line, along said north line, for
the following three calls: thence N 84°09'45" W 121.01 feet; thence N 68°05'28" W 69.17 feet; thence
N 51004'15" W 175.76 feet to the Point of Beginning (POB ESMT 2); thence leaving said north line, S 21 °54'24"
E 41.07 feet to the Grantor's south line; thence along said south line, N 51 °04'15" W 68.80 feet; thence
continuing along said south line, N 34°45'33" W 74.05 feet; thence leaving said south line, N 21 °54'24" W 84.26
feet to the Grantor's north line; thence along said north line for the following three calls: thence S 44°59'52" E
7.15 feet; thence S 34°45'33" E 146.30 feet; thence S 51 °04'15" E 30.07 feet; to the Point of Beginning (POB
ESMT 2), containing 3,312 sq. ft., or 0.076 acres.
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.
WATER/SEWER EASEMENT
Page 2 of 2
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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 on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of 12023.
Spring Branch Holdings, LLC
BY:
T. Craig Jones, a Manager
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF
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 T. Craig Jones, to me well known as the person who executed
the foregoing document, and who stated and acknowledged that he is a Manager of Spring Branch Holdings, LLC, and
is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and
further stated and acknowledged that he 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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
1�
0
SCALE: 1" = 150'
Basis of Bearings:
Arkansas State Plane
Coordinate System
(North Zone)
TRACT
22
001-16715-001
2020-02090
SPRING BRANCH
HOLDINGS, LLC
UTILITY EASEMENT MAP
TRACT MAP NO. 22A PE — 4940 SQ. FT. 0.11 AC.)
EXHIBIT "A" TCE — 0 SQ. FT. (0 AC.)
Land dine
NE CORNER
NW1 /4, NW1 /4
SECT10N 29
T-17—N,
R-30—W
NW —NW
29-17-30
001-16715-000
TBB LAND HOLDING, LLC
2020-05039
S440 59' 52"E - 7.15'
N210 54' 24"W - 84.26'if I
\�
ESMT 2
3312 SQ FT-
0.076 ACRES
N340 45' I33"W - 74.05'----'
l
N510 04' 15"W - 68.80'
S210 54' 24"E - 41.07'--\
N510 04' 15"W - 175.76'
° 45' 33"E - 146.30'
S510 04' 15"E - 30.07'
POB ESMT 2
S770 51' 02"E - 6.62
S840 09' 45"E - 3.88'
S840 09' 45"E - 70.14'--1
ESMT 1
1628 SQ FT
0.037 ACRES
NE —NW
N 29-17-30
d
N
N
0
M
e
ni N
N68o 05' 28"W - 69.17'---"�,--
N84o 09' 45"W - 50.87' a
N580 00' 36"E - 32.62' / a
N84° 09' 45"W - 81.53' POB
S580 00' 36"W - 31.43'
L E G E N D
0 Permanent Easement 0 Temporary Construction Easement
Property Line • Corner of Permanent Easement
Street Right —of —Way Existing Utility Easement Line
001-16715-001 — Tax Parcel Number PE — Permanent Easement
2020-02090 — Deed Record TCE — Temporary Construction Easement
Property Owner : SPRING BRANCH HOLDINGS, LLC
CITYOF Drawn by : McClelland Consulting Engineers Project Name
FAYIs'TTEVILLE Date: JAN. 2023 Sale : 1" = 150' West Transmission
Project No. 112184 Tract No. 22A Main Route
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: 3825 N. Salem Road, Fayetteville, AR; Washington County
Client: McClelland Consulting Engineers
Fee Owner: Spring Branch Holdings, LLC
Mailing Address: 244 W. Dickson Street, Suite 202, Fayetteville, AR 72701
Area Of The Whole: 9.13f ACS
Area Of Remainder: 9.13f ACS Permanent Easement 0.1 if AC
Area Of Acquisition: N/A
HIGHEST AND BEST USE:
Whole Property Continued Single -Family Use
Remainder Property Continued Single -Family Use
ACQUISITION COMPENSATION:
Before
Land: 9.13f ACS $ 595,550
Improvements: Not Appraised $
Total: $ 595,550
After
Land: 9.13f ACS $ 594,700
Improvements: Not Appraised $
Total $ 594,700
FAIR MARKET VALUE OF ACQUISITION $ 1,850
Total Compensation as of: August 15, 2023 $ 1,850
ALLOCATION OF COMPENSATION
Land: Not Applicable $ 0
Permanent Easement: 0.1 if Acre (Rounded) $ 1,850
Temporary Construction Easements: Not Applicable $ 0
Improvements: Not Applicable $ 0
Damages: Not Applicable $ 0
Cost to Cure Items: Not Applicable $ 0
Total Compensation: $ 1,850
Please see the Extraordinary Assumptions and Hypothetical Condition previously presented.
8TAiE '
CMFIED
- 6ENEM
" CQSM2
'�"'A�!nf'Bi►wi�°.`
Katie Reed Hampton, CG3642
Reed & Associates, Inc.
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Spring Branch Holdings LLC
244 W Dickson St, Ste 202
Fayetteville, AR 72701
RE: West Transmission Main Line
Parcel No. 001-16715-000
Tract 22A 3825 N Salem Road
Offer to purchase easement
Dear Mr. Jones,
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water
District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains
constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to
Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every
necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to
authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -
of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these
projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial.
There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $1,850.00 for this vital water line easement across your
property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to
drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide. a ropy of the recorded rinnuments iipon your request Please provirle its with a Snn.ial Sen,ririty Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the
associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (htonesla fayetteville-ar.gov) or Brandi
Samuels (479) 444-3421(bsamuelsi-a�fayetteville-ar.gov). For questions or concerns, please contact Corey Granderson,
Utilities Engineer at cgrandersonc"a)fa retteville-ar.gov or Tim Nyander, Utilities Director at tnyanderAfayetteville-ar.gov.
With kindest regards,
4004
Tim Nyander
Utilities Director
TN/hj
Eric
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
TBB Land Holdings, LLC
Tract No. 23
West Transmission Main
Parcel No. 830-37273-000, 830-38257-000
830-38232-001 & 001-16715-000
Tract No. 23
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT TBB Land Holdings, LLC, an Arkansas limited liability
company, 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, 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 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:
Warranty Deed: 2020-5039
A part of the West Half of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter and a part of
the Northwest Quarter of the Northwest Quarter of Section 29, Township 17 North, Range 30 West, Washington
County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point which is
N02037'54"E 1100.51 feet from an existing aluminum monument marking the Southwest corner of the Northwest
Quarter of the Northwest Quarter of said Section 29 and running thence along the West line thereof
NO2°37'54"E 215.86 feet to the Northwest corner of the Northwest Quarter of the Northwest Quarter of said
Section 29, thence along the North line of the Northwest Quarter of said Section 29, S87024'36"E 1763.80 feet
to an existing rebar, thence leaving said North line S02033'01"W 314.98 feet to an existing rebar, thence
S87°22'49"E 210.08 feet, thence S02°32'07"W 778.42 feet, thence N87°27'06"W 309.19 feet, thence
N29000'05"W 104.30 feet, thence N63°45'45"W 105.52 feet, thence N77051'23"W 196.93 feet, thence
N84010'06"W 124.88 feet, thence N68005'49"W 69.17 feet, thence N51004'36"W 205.83 feet, thence
N34°45'54"W 146.30f feet, thence N45°00'13"W 74.91 feet, thence N61°41'03"W 910.73 feet to the point of
beginning, containing 31.22 acres, more or less. Subject to that portion in North Salem Road right of way on the
East side of herein described tract and also subject to all other easements and rights of way of record.
-ALSO-
A part of the West Half of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter and a part of
the Northwest Quarter of the Northwest Quarter of Section 29, Township 17 North, Range 30 West, Washington
County, Arkansas, being more particularly described as follows, to -wit: Beginning at an existing aluminum
monument marking the Southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 29
and running thence along the West line thereof N02037'54"E 553.21 feet, thence leaving said West line
S68°08'59"E 738.49 feet to an existing rebar, thence N15°12'14"E 400.48 feet, thence S61°43'38"E 27.63 feet,
thence S45000'13"E 70.19 feet, thence S34045'54"E 147.38 feet, thence S51°04'36"E 211.69 feet, thence
S68005'49"E 74.99 feet, thence S84010'06"E 126.61 feet, thence S77051'23"E 193.36 feet, thence S63045'45"E
96.79 feet, thence S29°00'09"E 109.22 feet, thence S87°27'06"E 320.38 feet, S02°32'07"E 8.48 feet, thence
S88035'27"W 210.53 feet, thence S02032'12"W 176.98 feet, thence N87029'53"W 448.56 feet to an existing
rebar marking the Southeast corner of the Northwest Quarter of the Northwest Quarter of said Section 29,
thence along the East line thereof NO2°33'47"E 12.75 feet, thence leaving said East line N37°37'01 "W 9.44 feet
an existing rebar, thence N87029'45"W 1053.94 feet to an existing rebar, thence S02029'07"W 20.01 feet to an
existing rebar on the South line of the Northwest Quarter of the Northwest Quarter of said Section 29, thence
along said South line N87°29'53"W 257.41 feet to the point of beginning, containing 16.36 acres, more or less.
Subject to that portion in North Salem Road right of way on the East side of herein described tract and also
subject to all other easements and rights of way of record.
ALSO (Warranty Deed 2013-27435)
The Southeast Quarter (SE1/4) of Section 19; all that part of the Northeast Quarter (NE1/4) of Section 19, lying
South of the centerline of Reed Valley Road; and the West Half (W1/2) of the Southwest Quarter (SW1/4) of
Section 20, all in Township 17 North, Range 30 West of the Fifth Principal Meridian, Washington County,
Arkansas, being more particularly described as follows: Beginning at a found stone, said stone accepted and
used as the South Quarter (S'/4) Corner of said Section 19; thence South 87013'42" East a distance of 2618.92
feet to a set 5/8 inch diameter iron pin; thence South 87021'56" East a distance of 1315.70 feet to a found '/2
inch diameter iron pin; thence North 02°30'56" East a distance of 2632.94 feet to a set 5/8 inch diameter iron
pin; thence North 87038'04"W a distance of 1316.34 feet; thence North 02046'09" East a distance of 1154.17
feet to the centerline of Reed Valley Road; thence along said centerline the following 2 courses: South
75°46'18" West a distance of 136.66 feet; thence South 75°59'26" West a distance of 327.23 feet to a found P-K
nail and metal flasher; thence leaving said road centerline, along an existing post and rail fence South 08056'04"
East a distance of 187.93 feet to an existing wooden fence corner post; thence leaving said fence line South
WATER/SEWER EASEMENT
Page 2
83°47'47" East a distance of 12.87 feet to an existing iron pipe fence corner post; thence along an existing
fence line South 10°02'18" East a distance of 84.16 feet to an existing iron pipe fence corner post; thence
leaving said fence line South 57046'27" East a distance of 18.58 feet to an existing iron pipe fence corner post;
thence along existing fence line South 07oO5'08"East a distance of 241.09 feet to a found 5/8 inch diameter iron
pin; thence leaving said fence line South 82°54'52" West a distance of 257.17 feet to an existing fence line a
found 5/8 inch diameter iron pin, thence along said fence line North 07015'59" West a distance of 224.20 feet to
an existing iron pipe fence corner post; thence leaving said fence line North 61°34'01" West a distance of 23.52
feet to an existing iron pipe fence corner post; thence along an existing fence line North 08o42'54" West a
distance of 254.43 feet to the centerline of Reed valley Road and a found P-K nail and metal flasher, thence
leaving said fence line, along said road centerline the following 9 courses: South 74°12'43" West a distance of
134.37 feet; South 72°52'27" West a distance of 280.10 feet; South 77°01'49" West a distance of 416.62 feet;
South 77012'58" West a distance of 459.34 feet; South 72002'09" West a distance of 74.60 feet; South 64029'10"
West a distance of 76.85 feet; South 58°34'36" West a distance of 65.09 feet; South 55°51'17" West a distance
of 535.83 feet; South 54°48'26" West a distance of 108.06 feet; thence leaving said road centerline, South
02028'55" West a distance of 2707.36 feet to the Point of Beginning, containing 277.51 acres, as surveyed. And
being subject to the right of way of Reed Valley Road along the North boundary thereof. And also, being subject
to any easements, rights of ways, covenants and restrictions of record.
PERMANENT EASEMENT DESCRIPTION:
Permanent Easement A:
Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) and the Northeast Quarter (NE1/4) of
the Northwest Quarter (NW1/4) of Section 29, all in Township 17 North, Range 30 West, Washington County,
Arkansas, being more particularly described as follows: Commencing at the southeast corner of said NW1/4 of
the NW1/4: thence along the south line of said NE1/4 of the NW1/4, S 87°16'53" E 9.38 feet; thence leaving said
south line, N 02°43'07" E 383.20 feet to the north line of adjoining property described in Deed Book 2022, Page
2090 of the Records of Washington County (Adjoiner), and to the Point of Beginning (POB ESMT A): thence
along said north adjoiner line, N 77°51'02" W 6.62 feet; thence continuing along said north adjoiner line, N
84009'45" W 74.01 feet; thence leaving said north adjoiner line, N 58°00'36" E 183.15 feet; thence S 62032'34" E
315.38 feet; thence S 85°52'54" E 291.64 feet to the grantor's east property line; thence along said east
property line, S 02°32'18" W 50.02 feet; thence leaving said east property line, N 85°52'54" W 303.35 feet;
thence N 62032'34" W 297.16 feet; thence S 58°00'36" W 91.39 feet; to the Point of Beginning (POB ESMT A),
containing 37,025 sq. ft., or 0.85 acres.
Permanent Easement B:
Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 29, Township 17 North,
Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the southeast corner of said NW1/4 of the NW1/4: thence along the south line of said NW1/4 of the NW1/4, N
87°28'38" W 15.21 feet; thence leaving said south line, N 02°31'22" E 365.35 feet to the south line of adjoining
property described in Deed Book 2022, Page 2090 of the Records of Washington County (Adjoiner), and to the
Point of Beginning (POB ESMT B): thence leaving said south adjoiner line, S 58°00'36" W 81.53 feet; thence N
84°09'45" W 52.13 feet; thence N 68°05'28" W 89.53 feet; thence N 51 °04'15" W 163.38 feet; thence N
21 °54'24" W 145.28 feet to the said south adjoiner line; thence along said south adjoiner line for the following
four calls: thence S 34°45'33" E 74.05 feet; thence S 51 °04'15" E 211.69 feet; thence S 68°05'28" E 74.99 feet;
thence S 84°09'45" E 109.46 feet; to the Point of Beginning (POB ESMT B), containing 18,726 sq. ft., or 0.43
acres.
Permanent Easement C:
Part of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4), the Northeast Quarter (NE1/4) of the
Southeast Quarter (SE1/4), and the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 19,
and Part of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of Section 20, and Part of the
Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 29, all in Township 17 North, Range
30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the
southeast corner of said NW1/4 of the NW1/4 of Section 29: thence along the east line of said NW1/4 of the
NW1/4, N 02o34'02" E 518.51 feet; thence leaving said east line, N 87°25'58" W 327.61 feet to the north line of
adjoining property described in Deed Book 2022, Page 2090 of the Records of Washington County (Adjoiner),
and to the Point of Beginning (POB ESMT C): thence along said north adjoiner line for the following three calls:
thence N 51 °04'15" W 30.07 feet; thence N 34°45'33" W 146.30 feet; thence N 44°59'52" W 7.15 feet; thence
leaving said north adjoiner line, N 21°54'24" W 819.71 feet; thence N 50°31'19" W 407.31 feet; thence N
62034'03" W 1219.64 feet; thence N 34016'52" W 682.69 feet; thence N 02029'49" E 1231.83 feet; thence N
02°37'53" E 401.36 feet; thence N 12°32'13" E 278.26 feet; thence N 77°02'01" E 51.11 feet; thence
S 00°59'38" E 16.53 feet; thence S 12°32'13" W 279.85 feet; thence S 02°37'53" W 396.97 feet; thence S
02029'49" W 1215.15 feet; thence S 34016'52" E 653.47 feet; thence S 62034'03" E 1212.32 feet; thence S
50°31'19" E 425.34 feet; thence S 21 °54'24" E 1007.93 feet; to the Point of Beginning (POB ESMT C),
containing 256,745 sq. ft., or 5.89 acres.
WATER/SEWER EASEMENT
Page 3
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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 on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of 12023.
STATE OF ARKANSAS
COUNTY OF
BY:
TBB Land Holdings, LLC,
an Arkansas limited liability company
T. Craig Jones, Authorized Agent
ACKNOWLEDGMENT
ss.
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 T. Craig Jones, to me well known as the person who executed
the foregoing document, and who stated and acknowledged that he is an Authorized Agent of TBB Land Holdings, LLC,
an Arkansas limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and
in the name and behalf of said company, and further stated and acknowledged that he 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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
West Transmission Main
Parcel No. 830-37273-000, 830-38257-000
830-38232-001 & 001-16715-000
Tract No. 23
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT TBB Land Holdings, LLC, an Arkansas limited liability company,
hereinafter called GRANTORS, 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 the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE,
and unto Grantee's successors and assigns, a temporary construction and grading
easement on, over, and through the following described land situated in the County
of Washington, State of Arkansas, for the sole purposes necessary for construction
of West Transmission Main to -wit:
PROPERTY DESCRIPTION:
Warranty Deed: 2020-5039
A part of the West Half of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter and a part of the
Northwest Quarter of the Northwest Quarter of Section 29, Township 17 North, Range 30 West, Washington County,
Arkansas, being more particularly described as follows, to -wit: Beginning at a point which is NO2°37'54"E 1100.51
feet from an existing aluminum monument marking the Southwest corner of the Northwest Quarter of the Northwest
Quarter of said Section 29 and running thence along the West line thereof NO2°37'54"E 215.86 feet to the Northwest
corner of the Northwest Quarter of the Northwest Quarter of said Section 29, thence along the North line of the
Northwest Quarter of said Section 29, S87°24'36"E 1763.80 feet to an existing rebar, thence leaving said North line
S02°33'01 "W 314.98 feet to an existing rebar, thence S87°22'49"E 210.08 feet, thence S02°32'07"W 778.42 feet,
thence N87027'06"W 309.19 feet, thence N29°00'05"W 104.30 feet, thence N63°45'45"W 105.52 feet, thence
N77051'23"W 196.93 feet, thence N84010'06"W 124.88 feet, thence N68°05'49"W 69.17 feet, thence N51 °04'36"W
205.83 feet, thence N34°45'54"W 146.30f feet, thence N45°00' 13"W 74.91 feet, thence N61 °41'03"W 910.73 feet to
the point of beginning, containing 31.22 acres, more or less. Subject to that portion in North Salem Road right of way
on the East side of herein described tract and also subject to all other easements and rights of way of record.
-ALSO-
A part of the West Half of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter and a part of the
Northwest Quarter of the Northwest Quarter of Section 29, Township 17 North, Range 30 West, Washington County,
Arkansas, being more particularly described as follows, to -wit: Beginning at an existing aluminum monument
marking the Southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 29 and running
thence along the West line thereof NO2°37'54"E 553.21 feet, thence leaving said West line S68°08'59"E 738.49 feet
to an existing rebar, thence N15°12'14"E 400.48 feet, thence S61 °43'38"E 27.63 feet, thence S45°00'13"E 70.19
feet, thence S34045'54"E 147.38 feet, thence S51 °04'36"E 211.69 feet, thence S68005'49"E 74.99 feet, thence
S84010'06"E 126.61 feet, thence S77051'23"E 193.36 feet, thence S63045'45"E 96.79 feet, thence S29000'09"E
109.22 feet, thence S87°27'06"E 320.38 feet, S02°32'07"E 8.48 feet, thence S88°35'27"W 210.53 feet, thence
S02032'12"W 176.98 feet, thence N87029'53"W 448.56 feet to an existing rebar marking the Southeast corner of the
Northwest Quarter of the Northwest Quarter of said Section 29, thence along the East line thereof NO2°33'47"E
12.75 feet, thence leaving said East line N37°37'01 "W 9.44 feet an existing rebar, thence N87°29'45"W 1053.94 feet
to an existing rebar, thence S02029'07"W 20.01 feet to an existing rebar on the South line of the Northwest Quarter
of the Northwest Quarter of said Section 29, thence along said South line N87°29'53"W 257.41 feet to the point of
beginning, containing 16.36 acres, more or less. Subject to that portion in North Salem Road right of way on the East
side of herein described tract and also subject to all other easements and rights of way of record.
ALSO (Warranty Deed 2013-27435)
The Southeast Quarter (SE1/4) of Section 19; all that part of the Northeast Quarter (NE1/4) of Section 19, lying
South of the centerline of Reed Valley Road; and the West Half (W1 /2) of the Southwest Quarter (SW1/4) of Section
20, all in Township 17 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, being
more particularly described as follows: Beginning at a found stone, said stone accepted and used as the South
Quarter (S'/4) Corner of said Section 19; thence South 87013'42" East a distance of 2618.92 feet to a set 5/8 inch
diameter iron pin; thence South 87°21'56" East a distance of 1315.70 feet to a found '/2 inch diameter iron pin;
thence North 02030'56" East a distance of 2632.94 feet to a set 5/8 inch diameter iron pin; thence North 87038'04"W
a distance of 1316.34 feet; thence North 02046'09" East a distance of 1154.17 feet to the centerline of Reed Valley
Road; thence along said centerline the following 2 courses: South 75'46'18" West a distance of 136.66 feet; thence
South 75059'26" West a distance of 327.23 feet to a found P-K nail and metal flasher; thence leaving said road
centerline, along an existing post and rail fence South 08056'04" East a distance of 187.93 feet to an existing
wooden fence corner post; thence leaving said fence line South 83°47'47" East a distance of 12.87 feet to an
existing iron pipe fence corner post; thence along an existing fence line South 10002" 8" East a distance of 84.16
feet to an existing iron pipe fence corner post; thence leaving said fence line South 57046'27" East a distance of
18.58 feet to an existing iron pipe fence corner post; thence along existing fence line South 07°05'08"East a distance
of 241.09 feet to a found 5/8 inch diameter iron pin; thence leaving said fence line South 82054'52" West a distance
TCE
Page 2
of 257.17 feet to an existing fence line a found 5/8 inch diameter iron pin, thence along said fence line North
07015'59" West a distance of 224.20 feet to an existing iron pipe fence corner post; thence leaving said fence line
North 61 °34'01" West a distance of 23.52 feet to an existing iron pipe fence corner post; thence along an existing
fence line North 08°42'54" West a distance of 254.43 feet to the centerline of Reed valley Road and a found P-K nail
and metal flasher, thence leaving said fence line, along said road centerline the following 9 courses: South 74012'43"
West a distance of 134.37 feet; South 72°52'27" West a distance of 280.10 feet; South 77°01'49" West a distance of
416.62 feet; South 77°12'58" West a distance of 459.34 feet; South 72°02'09" West a distance of 74.60 feet; South
64029'10" West a distance of 76.85 feet; South 58034'36" West a distance of 65.09 feet; South 55051" 7" West a
distance of 535.83 feet; South 54°48'26" West a distance of 108.06 feet; thence leaving said road centerline, South
02°28'55" West a distance of 2707.36 feet to the Point of Beginning, containing 277.51 acres, as surveyed. And
being subject to the right of way of Reed Valley Road along the North boundary thereof. And also, being subject to
any easements, rights of ways, covenants and restrictions of record.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
Temoorary Construction Easement A:
Part of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of Section 19, Township 17 North, Range 30
West, Washington County, Arkansas, being more particularly described as follows: Beginning at the southwest
corner of said NE1/4 of the SE1/4: thence along the west line of said NE1/4, N 02°29'49" E 82.63 feet; thence
leaving said west line, S 34°16'52" E 103.59 feet to the south line of said NE1/4; thence along said south line, N
87011'06" W 62.02 feet; to the Point of Beginning (POB TCE A), containing 2,563 sq. ft., or 0.06 acres.
Temporary Construction Easement B:
Part of the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 19, Township 17 North, Range 30
West, Washington County, Arkansas, being more particularly described as follows: Commencing at the southwest
corner of said SE1/4 of the NE1/4: thence along the west line of said SE1/4, N 02o37'53" E 401.36 feet to the Point
of Beginning (POB TCE B): thence continuing along said west line, N 02o37'53" E 302.28 feet to the south Right -of -
Way (ROW) of Reed Valley Road; thence along said south ROW, N 77002'01" E 47.01 feet; thence leaving said
south ROW, S 00°59'38" E 40.89 feet; thence S 12°32'13" W 278.26 feet; to the Point of Beginning (POB TCE B),
containing 8,175 sq. ft., or 0.19 acres.
Temporary Construction Easement C:
Part of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4), and the Southeast Quarter (SE1/4) of the
Northeast Quarter (NE1/4) of Section 19, Township 17 North, Range 30 West, Washington County, Arkansas, being
more particularly described as follows: Commencing at the southwest corner of said SE1/4 of the NE1/4: thence
along the west line of the NE1/4 of the SE1 /4, S 02°29'49" W 283.83 feet; thence leaving said west line, S 87°25'23"
E 50.00 feet to the Point of Beginning (POB TCE C): thence N 02°29'49" E 283.84 feet; thence N 02o37'53" E
396.97 feet; thence N 12°32'13" E 1.07 feet; thence N 77°19'23" E 30.91 feet; thence S 02038'07" W 11.82 feet;
thence S 02°37'53" W 394.60 feet; thence S 02o29'49" W 283.58 feet; thence N 87°25'23" W 30.00 feet; to the Point
of Beginning (POB TCE C), containing 20,577 sq. ft., or 0.47 acres.
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.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any permanent
structure(s) which may be located or under construction within said temporary construction easement area during the construction
of this project.
TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress to
and egress from the real estate first herein above described for the uses and purposes herein above set forth.
The consideration first above recited as being paid to the 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 easement on behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
TCE
Page 3
WITNESS the execution hereof on this the day of 2023.
STATE OF ARKANSAS
COUNTY OF
BY:
TBB Land Holdings, LLC,
an Arkansas limited liability company
T. Craig Jones, Authorized Agent
ACKNOWLEDGMENT
ss.
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Publicwithin
and for said County and State, personally appeared T. Craig Jones, to me well known as the person who executed the
foregoing document, and who stated and acknowledged that he is an Authorized Agent of TBB Land Holdings, LLC, an
Arkansas limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the
name and behalf of said company, and further stated and acknowledged that he 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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
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S510 04' 15"E-211.69'
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TW 3MT McCLELLAND
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LEGEND
830-38273-000 TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY
2013-27435 DEED RECORD PROPOSED PERMANENT EASEMENT
EXISTING PROPERTY LINE � PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
Tw 3MT McCLELLAND
o E: REVISION WEST TRANSMISSION MAIN CONSULTING
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SCALE: PRO]. NUMBER'.
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830-38257-000 TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY
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EXISTING PROPERTY LINE PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
f�:AS
JMT MCCLELLAND
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EXHIBIT "A"
FAYETTEVILLE AR
-ENGINEERS, INC.
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11-2184
MAP
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TBB LAND HOLDINGS, LLC.
1580 E. STEARNS ST.
FAYETTEVILLE, AR 72703
(479)443-2377
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EX-04
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West Transmission Main Project
Parcel No. 830-38232-001
Tract 23
GENERAL UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT TBB Land Holdings, LLC, an Arkansas limited liability company,
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, does hereby GRANT, SELL and CONVEY unto the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE,
and unto the public utilities holding a franchise granted by said City of Fayetteville, a
permanent easement for the purpose of construction, maintenance, repair and/or
replacement, enlargement and operations of general utilities including water and/or
sanitary sewer pipe line or lines, manholes, natural gas, electrical power, telephone,
fiber optic cable(s) and television communication line or lines, traffic signal poles
and equipment, 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: (Warranty Deed 2013-27435)
The Southeast Quarter (SE1/4) of Section 19; all that part of the Northeast Quarter (NE1/4) of Section 19, lying
South of the centerline of Reed Valley Road; and the West Half (W1 /2) of the Southwest Quarter (SW1/4) of Section
20, all in Township 17 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, being
more particularly described as follows: Beginning at a found stone, said stone accepted and used as the South
Quarter (S'/4) Corner of said Section 19; thence South 87013'42" East a distance of 2618.92 feet to a set 5/8 inch
diameter iron pin; thence South 87°21'56" East a distance of 1315.70 feet to a found '/2 inch diameter iron pin;
thence North 02030'56" East a distance of 2632.94 feet to a set 5/8 inch diameter iron pin; thence North 87038'04"W
a distance of 1316.34 feet; thence North 02046'09" East a distance of 1154.17 feet to the centerline of Reed Valley
Road; thence along said centerline the following 2 courses: South 75'46'18" West a distance of 136.66 feet; thence
South 75059'26" West a distance of 327.23 feet to a found P-K nail and metal flasher; thence leaving said road
centerline, along an existing post and rail fence South 08056'04" East a distance of 187.93 feet to an existing
wooden fence corner post; thence leaving said fence line South 83°47'47" East a distance of 12.87 feet to an
existing iron pipe fence corner post; thence along an existing fence line South 10002'18" East a distance of 84.16
feet to an existing iron pipe fence corner post; thence leaving said fence line South 57046'27" East a distance of
18.58 feet to an existing iron pipe fence corner post; thence along existing fence line South 07°05'08"East a distance
of 241.09 feet to a found 5/8 inch diameter iron pin; thence leaving said fence line South 82054'52" West a distance
of 257.17 feet to an existing fence line a found 5/8 inch diameter iron pin, thence along said fence line North
07°15'59" West a distance of 224.20 feet to an existing iron pipe fence corner post; thence leaving said fence line
North 61 034'01" West a distance of 23.52 feet to an existing iron pipe fence corner post; thence along an existing
fence line North 08042'54" West a distance of 254.43 feet to the centerline of Reed valley Road and a found P-K nail
and metal flasher, thence leaving said fence line, along said road centerline the following 9 courses: South 74'12'43"
West a distance of 134.37 feet; South 72052'27" West a distance of 280.10 feet; South 77001'49" West a distance of
416.62 feet; South 77012'58" West a distance of 459.34 feet; South 72002'09" West a distance of 74.60 feet; South
64'29'10" West a distance of 76.85 feet; South 58°34'36" West a distance of 65.09 feet; South 55'51'17" West a
distance of 535.83 feet; South 54048'26" West a distance of 108.06 feet; thence leaving said road centerline, South
02028'55" West a distance of 2707.36 feet to the Point of Beginning, containing 277.51 acres, as surveyed. And
being subject to the right of way of Reed Valley Road along the North boundary thereof. And also being subject to
any easements, rights of ways, covenants and restrictions of record.
PERMANENT EASEMENT DESCRIPTION:
Part of the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 19, Township 17 North, Range 30
West, Washington County, Arkansas, being more particularly described as follows: Commencing at the southwest
corner of said SE1/4 of the NE1/4: thence along the west line of said SE1/4, N 02°37'53" E 398.09 feet; thence
leaving said west line, S 87°22'07" E 50.18 feet to the Point of Beginning (POB): thence N 12'32'13" E 278.78 feet;
thence N 00°59'38" W 42.09 feet; thence N 77°02'01" E 30.67 feet; thence S 00°59'38" E 52.01 feet; thence S
12032'13" W 268.21 feet; thence S 77'19'23" W 33.16 feet; to the Point of Beginning (POB), containing 9,616 sq. ft.,
or 0.22 acres.
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 and the public utilities holding a franchise granted by said City of
Fayetteville, until the use of said permanent easement is relinquished, abandoned or vacated and so long as such pipe line or
lines, electrical power, telephone and/or television lines or cables, manholes and/or appurtenances thereto shall be
maintained, together with free ingress to and egress from the real estate first herein above described for the uses and
purposes herein above set forth.
West Transmission Main
GUE Page 2
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee and its associated franchisees, which hereby agree to bury all pipes, lines and/or cables 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 water.
The Grantor agrees not to erect any buildings or structures in said permanent easement. This easement cannot be used
for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any
other similar wireless communications facilities.
The Grantee and its associated franchisees shall have the right to construct additional pipe lines, electric power lines,
telephone and/or television lines or cables upon the above described easement at any time in the future and agrees to pay any
damages as a result of such future construction 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 on behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of 2023.
BY:
TBB Land Holdings, LLC,
an Arkansas limited liability company
T. Craig Jones, Authorized Agent
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Publicwithin
and for said County and State, personally appeared T. Craig Jones, to me well known as the person who executed the
foregoing document, and who stated and acknowledged that he is an Authorized Agent of TBB Land Holdings, LLC, an
Arkansas limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the
name and behalf of said company, and further stated and acknowledged that he 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 day of 2023.
MY COMMISSION EXPIRES:
Notary Public
I
I
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I
I
I
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SE —NE
19-17-30
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SW CORNER
SE %4, NE %4
SECTION 19
T17N-R30W
LEGEND
830-38232-001
TBB LAND
HOLDINGS LLC
2013-27435
830-38232-001 TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY
2013-27435 DEED RECORD PROPOSED PERMANENT EASEMENT
EXISTING PROPERTY LINE � PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
TW JMT McCLELLAND
GATE: REVISION : WEST TRANSMISSION MAIN CONSULTING
07/07/2023 4 EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INC.
SCALE: PRO]. NUMBER'.
3 AS NOTED 11-2184 MAP TRACT 23 1580 E. STEARNS ST.
# TBB LAND HOLDINGS, LLC. FAYETTEvi LLE, AR 72703
# i (479) 443-2377
V
# „ 1 HT P://WWW.MCE.US.COM
West Transmission Main Project -Anode Bed
(Part of) Parcel No. 830-38232-001
WARRANTY DEED
BE IT KNOWN BY THESE PRESENTS:
THAT TBB Land Holdings, LLC, an Arkansas limited liability
company, 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, bargain, sell and convey unto
the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called
GRANTEE, and unto Grantee's successors and assigns, the following described
land situated in the County of Washington, State of Arkansas, to -wit:
Part of the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 19, Township 17 North,
Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the southwest corner of said SE1/4 of the NE1/4: thence along the west line of said SE1/4, N 02°37'53" E
675.47 feet; thence leaving said west line, S 87°22'07" E 47.87 feet to the Point of Beginning (POB): thence N
00059'38" W 40.89 feet to the south Right -of -Way (ROW) of Reed Valley Road; thence along said south ROW
for the following two calls: thence N 77°02'01" E 211.64 feet; thence N 72°52'39" E 227.64 feet; thence leaving
said ROW, S 17°07'21" E 40.00 feet; thence S 72°52'39" W 229.09 feet; thence S 77°02'01" W 221.58 feet to
the Point of Beginning (POB), containing 17,799 sq. ft., or 0.41 acres.
TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and
Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said
lands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the
said lands against all legal claims whatever.
WITNESS the execution hereof on this
L�'1
REVENUE STAMPS AFFIDAVIT
The foregoing deed has the correct amount of Revenue
Stamps affixed to it or is exempt from such stamps.
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
day of 12023.
TBB Land Holdings, LLC,
an Arkansas limited liability company
T. Craig Jones, Authorized Agent
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 T. Craig Jones, to me well known as the person who executed
the foregoing document, and who stated and acknowledged that he is an Authorized Agent of TBB Land Holdings, LLC,
an Arkansas limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and
in the name and behalf of said company, and further stated and acknowledged that he 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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
0
SCALE 1" = 100'
I NS17° 07' 21"E-40.00'
I
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211.64 �9 p9
9 „
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0
N77° 02 72° 52
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r' I „v!21.58 PROPOSED ANODE BED
Raw
S��° 02' of 17799 SQ. FT.
i
/ I 0.41 AC.
SE —NE
19-17-30
POB /
/ I
j /
/
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8301
TBB LAND
HOLDINGS LLC
2013-27435
Vo
w
N
Z
I
I
I
IM
I
I
I
I
I
I
I
SW CORNER
SE %4, NE %4
SECTION 19
T17N—R30W
LEGEND
830-38232-001 TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY
2013-27435 DEED RECORD PROPOSED PERMANENT EASEMENT
PROPOSED DEED LINE � PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
Tw 3MT McCLELLAND
o E REVISION WEST TRANSMISSION MAIN CONSULTING
7 zo23 1 DEED
SE: UM6ER FAYETTEVILLE AR —ENGINEERS, INC.
ASNOTED 121112184 EXHIBIT
3 AS NTRACT 23 1580 E. STEARNS ST.
at `, TBB HOLDINGS FAYETTEVILLE, AR 72703
F X _ 1 (479) 443-2377
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location:
South side of Reed Valley Road, west side of State Highway 112, and west side of
Salem Road, Tontitown, AR; Washington County
Client:
McClelland Consulting Engineers
Fee Owner:
TBB Land Holdings, LLC
Mailing Address:
244 W. Dickson, Suite 202, Fayetteville, AR 72701
Area Of The Whole:
413.081 ACS Permanent Utility Easements
A
— 0.851 AC
B
— 0.43± AC
C
— 5.89± ACS
Total —
7.17f ACS
Area Of Remainder:
412.67f ACS General Utility Easement
0.22f AC
Area Of Acquisition:
0.41f AC Temporary Construction Easements:
A
— 0.06f AC
B
— 0.19± AC
C
— 0.47± AC
Total —
0.72f AC
HIGHEST AND BEST USE:
Whole Property Residential development.
Remainder Property Residential development.
ACQUISITION COMPENSATION:
Before
Land: 413.08f ACS
Improvements: Not Appraised
Total:
$ 7,435,450
$ 0
$ 7,435,450
After
Land: 412.67f ACS $
Improvements: Not Appraised $
Total
Subtotal
Plus: Temporary Construction Easements
Total Compensation as of: August 15, 2023
ALLOCATION OF COMPENSATION
Land: 0.41± AC
Permanent Easements: 7.17f ACS
Utility Easement: 0.22f AC
Temporary Construction Easements: 0.721 AC @ Rental Value
Improvements: N/A
Damages: Not Applicable
Cost to Cure Items: Not Applicable
Total Compensation:
K.IM
„M
b' STATE w
COMFIED s _
Katie Reed Hampton, CG3642 GEN=��p�`ro
REED & ASSOCIATES, INC.
Date of Report: August 31, 2023
7,295,050
0
$ 7,295,050
$ 140,400
1,300
$ 141,700
7,400
129,050
3,950
1,300
0
0
0
141,700
►I
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
TBB Land Holdings, LLC
2200 Don Tyson Pkwy (CPO61)
Springdale, AR 72764
RE: West Transmission Main Line
Parcel No. 830-38273-000 and others
Tract 23 3849 N Salem Road
Offer to purchase easement
Dear Mr. Jones,
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water
District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains
constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to
Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every
necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to
authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -
of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these
projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial.
There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $141,700.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identifivatiuri Number (Curporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the
associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hion estafa etteville-ar. ov) or Brandi
Samuels (479) 444-3421(bsamuels�c"i.fayetteville-ar.gov). For questions or concerns, please contact Corey randerson,
Utilities Engineer at cgranderson a, avettevi a-ar gov or I im Nyander, Utilities Director at tnyanderta!fayettevirle-ar qo,i.
Sincere ,
4
Tim Nyander
Utilities Director
TN/hj
Enc
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Russell and Esther Rogers
Tract No. 33
West Transmission Main
Parcel No. 830-38209-000
Tract No. 33
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Russell B. Rogers and Esther P. Rogers, husband and wife,
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, 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 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: (Warranty Deed: 2013-14772)
A part of the SE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West in Washington County,
Arkansas and being described as follows: Beginning at the SW corner of said SE1/4 of the SW1/4 thence
N00022'16"W 771.52 feet, thence N89037'44"E 499.57 feet, thence S00020'24"W 387.53 feet, thence
S89°23'08"W 108.01 feet, thence S00°22'16"E 381.92 feet, thence S89°23'08"W 386.76 feet to the P.O.B.,
containing 7.83 acres more or less. Subject to easements and rights of way of record. Subject to easements,
right of ways, and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas
leases, if any.
PERMANENT EASEMENT DESCRIPTION:
Part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section 18, Township 17 North,
Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the SW Corner of the SE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West; thence along the
south line of said SE1/4 of the SW1/4, S 87°42'10" East 386.69 feet; thence leaving said south line, N 02°29'42"
E 64.42 feet to the north line of an existing utility easement as shown on Plat 2012-35338 of the Records of
Washington County, AR, and to the Point of Beginning (POB ESMT): thence along the north line of said
easement for the following three calls: thence N 87°33'42" W 194.43 feet; thence N 86°03'43" W 64.00 feet;
thence N 81 °50'00" W 27.66 feet; thence leaving said north line, N 00034'22" W 701.46 feet to the Grantor's
north line; thence along said north line, S 87°31'11" E 50.07 feet; thence leaving said north line, S 00°34'22" E
673.63 feet; thence S 84°39'19" E 43.34 feet; thence S 87°33'42" E 194.07 feet to the Grantor's west line;
thence along said west line, S 02°29'42" W 30.00 feet; to the Point of Beginning (POB), containing 42,298 sq.
ft., or 0.97 acres.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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.
WATER/SEWER EASEMENT
Page 2 of 2
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of 12023.
Russell B. Rogers Esther P. Rogers
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF
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 Russell B. Rogers and Esther P. Rogers, husband and wife,
and any amendments thereto, to me well known as the person who executed the foregoing document, and who 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 day of 2023.
MY COMMISSION EXPIRES:
Notary Public
West Transmission Main
Parcel No. 830-38209-000
Tract No. 33
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Russell B. Rogers and Esther P. Rogers, husband and wife,
hereinafter called GRANTORS, 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 the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE,
and unto Grantee's successors and assigns, a temporary construction and grading
easement on, over, and through the following described land situated in the County
of Washington, State of Arkansas, for the sole purposes necessary for construction
of a 48-inch water line to -wit:
PROPERTY DESCRIPTION: (Warranty Deed: 2013-14772)
A part of the SE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West in Washington County,
Arkansas and being described as follows: Beginning at the SW corner of said SE1/4 of the SW1/4 thence
N00°22'16"W 771.52 feet, thence N89°37'44"E 499.57 feet, thence S00°20'24"W 387.53 feet, thence S89°23'08"W
108.01 feet, thence S00°22'16"E 381.92 feet, thence S89023'08"W 386.76 feet to the P.O.B., containing 7.83 acres
more or less. Subject to easements and rights of way of record. Subject to easements, right of ways, and protective
covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases, if any.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
Part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section 18, Township 17 North, Range
30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SW
Corner of the SE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West; thence along the south line of
said SE1A of the SW1/4, S 87'42'10" East 386.69 feet; thence leaving said south line, N 02029'42" E 94.42 feet;
thence N 87°33'42" W 187.17 feet to the Point of Beginning (POB TCE): thence N 87°33'42" W 6.90 feet; thence
N 84039'19" W 43.34 feet; thence N 00°34'22" W 50.29 feet; thence N 90000'00" E 50.00 feet; thence S 00034'22" E
54.62 feet to the Point of Beginning (POB TCE), containing 2,630 sq. ft., or 0.06 acres.
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.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any permanent
structure(s) which may be located or under construction within said temporary construction easement area during the construction
of this project.
TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress to
and egress from the real estate first herein above described for the uses and purposes herein above set forth.
The consideration first above recited as being paid to the 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 easement on behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the
day of 12023.
Russell B. Rogers Esther P. Rogers
West Transmission Main-TCE
Page 2 of 2
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Publicwithin
and for said County and State, personally appeared Russell B. Rogers and Esther P. Rogers, husband and wife, to me well
known as the person(s) who executed the foregoing document, and who stated and acknowledged that she/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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
Rik
SW CORNER
SE%, SWl/4
SECTION 18
T1 N R30W
--�—------------------
100
100,
S870 31' 11"E-50.07 I \ \
— — — — —
— — — —
I
1870
I
I �\\
I
I I\ \
I
\\
I\
I \
I
\ \
\ \
ROGERS, RUSSELL B
&ESTHER P
PN. 830-38209-000
DEED 2013-14772
I NI\ \ M
off\ \ L
I zl\ \
I I\ \ \
ESMT 33
\ \ \
42298 SQ. FT.
I\ \ \
0.97 AC.
\
II
\ \ \
I I
I I I\ \ \ N90° 00' 00"E-50.00'
I
I \ \ \
TCE 33 I
I I\ \ \
2630 SQ. Fr. I I
0.06 AC.
..........
S840 39' 19"E-43.34'
I\ \ \ a ...' ...
N
�.......
u
S00° 34' 22"E-54.62'
I I
6.90'
S020 29' 42"W 30.00'
N810 50' 00"W-27.66' .
POB TCE
..... ....
187.17' I I
\ \ \ \
—
S870 33' 42"E-194.07'\
N86o 0-' 43" ----
W-64.00' N87033'
42"W-194.43'
STEELE ROAD
POB ESMTW
RAW
\ I 587° 42'10"E-386.69'
' LEGEND
N020 29'42"E-64.42'—""
830-38209-000 TAX PARCEL NUMBER -/= PROPOSED RIGHT-OF-WAY
2013-14772 DEED RECORD L7�77
C PROPOSED PERMANENT EASEMENT
_____J
EXISTING PROPERTY LINE PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
TW ]MT McCLELLAND
SATE: REVISION: WEST TRANSMISSION MAIN CONSULTING
05/04/2023 1 EXHIBIT "A" FAYETTEVILLE, AR QENGINEERS, INC.
NUMBER:
AS NOTED 11- PRO2184
MAP TRACT 33 1580 E. STEARNS ST.
AS N
ROGERS, RUSSELL B & ESTHER P FAYETTEVILLE, AR 72703
E V _ i 1. (479) 443-2377
HT P://WWW.MCE.US.COM
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: 990 Steele Road, Springdale, Arkansas (Tontitown)
Client: McClelland Consulting Engineers
Fee Owner: Russell B. Rogers and Esther P. Rogers
Mailing Address: 990 Steele Road, Springdale, Arkansas
Area Of The Whole: 7.83± ACS Permanent Easement 0.97± AC
Area Of Remainder: 7.83f ACS Temporary Construction Easement 0.06f AC
Area Of Acquisition: N/A
HIGHEST AND BEST USE:
Whole Property Continued residential use. (see Highest and Best Use section)
Remainder Property Continued residential use. (see Highest and Best Use section)
ACQUISITION COMPENSATION:
Before
Land: 7.83f ACS
Improvements: Tree
Total:
After
Land: 7.83f ACS
Improvements: Not Applicable
Total
FAIR MARKET VALUE OF ACQUISITION
Plus: TCE
Total Compensation as of. July 11, 2023
ALLOCATION OF COMPENSATION
Land: Not Applicable
Permanent Easement: 0.97f Acre (Rounded)
Temporary Construction Easement: 0.06f Acre (Rounded)
Improvements: Tree
Damages: Not Applicable
Cost to Cure Items:
Total Compensation:
596,900
1,000
$ 597,900
533,050
$ 533,050
$ 64,850
450
0
63,850
450
1,000
0
0
65,300
Please see the Extraordinary Assumptions and Hypothetical Condition previously presented.
L
�'pilFl�`
``,T
pPPFl"10AISEq
STATE
CERTIFIED'_
7'
-
Katie Reed Hampton, CG3642
= 6°1° a
Shannon Reed Mueller, CG2302 OERNaFtP'�-
REED & ASSOCIATES, INC.
,,�;��...�r,.
REED & ASSOCIATES, INC.
GGG,�C2r�y\�xc
,'�
.,���SyANNONa:.```•
peas�1,
Blake Hopper, RA4720
'• o �:
REED & ASSOCIATES, INC.=
_ z. REG1StERE�
�; AppRENT10E
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Russell B. & Esther P. Rogers
990 Steele Road
Springdale, AR 72762
RE: West Transmission Main Line
Parcel No. 830-38209-000
Tract 33
Offer to purchase easement
Dear Mr. and Mrs. Rogers:
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water
District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains
constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to
Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every
necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to
authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -
of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these
projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial.
There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $65,300.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the
associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hiones,a:favetteville-ar.gov) or Brandi
Samuels (479) 444-3421 (bsamuels(cDfavetteville-ar.gov). For questions or concerns, please contact Corey Granderson,
Utilities Engineer at cgrandersonc"a�fayetteville-ar.gov or Tim Nyander, Utilities Director at tnyander(aifayetteville-ar.gov.
With kindest regards,
41;**
Tim Nyander
Utilities Director
TN/hj
ENC
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Four Horn Properties, LLC
Tract No. 34
West Transmission Main
Parcel No. 830-38209-001
Tract No. 34
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Four Horn Properties, LLC, an Arkansas limited liability
company, 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, 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 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: Warranty Deed: 2013-14769
A part of the SE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West in Washington County,
Arkansas and being described as follows: Commencing at the SE corner of said SE1/4 of the SW1/4; thence
N00°09'43"W 418.22 feet to the POB, thence S88°42'49"W 114.60 feet, thence S60°47'14"W 144.21 feet,
thence S89°31'55"W 140.00 feet, thence S00°29'08"E 310.93 feet, thence N89°37'11"E 139.90 feet, thence
S00028'03"E 36.70 feet, thence S89023'08"W 690.96 feet, thence N00022'16"W 381.92 feet, thence
N89°23'08"E 108.01 feet, thence N00°20'24"E 387.53 feet, thence S89°37'44"W 499.57 feet, thence
N00°22'16"W 550.07 feet, thence N89°29'15"E 1321.33 feet, thence S00°09'43"E 901.04 feet to the POB,
containing 28.95 acres, more or less. Subject to easements and rights of way of record. Subject to easements,
rights of ways and protective covenants of record if any. Subject to all prior mineral reservations and oil and gas
leases, if any.
PERMANENT EASEMENT DESCRIPTION:
Permanent Easement A:
Part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section 18, Township 17 North,
Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the SW Corner of the SE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West; thence along the
south line of said SE1/4 of the SW1/4, S 87°42'10" East 386.69 feet to the Grantor's west line; thence leaving
said south line, N 02°29'42" E 64.42 feet along said west line, to the Point of Beginning (POB ESMT A): thence
continuing along said west line, N 02°29'42" E 30.00 feet; thence leaving said west line, S 87°33'42" E 550.89
feet to the Grantor's east line; thence along said east line, S 02°22'44" W 30.00 feet to the north line of an
existing utility easement as shown on Plat 2012-35338 of the Records of Washington County, AR; thence
leaving said east line, N 87°33'42" W 550.95 feet along said north easement line to the Point of Beginning (POB
ESMT A), containing 16,528 sq. ft., or 0.38 acres.
Permanent Easement B:
Part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section 18, Township 17 North,
Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the SW Corner of the SE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West; thence along the
west line of said SE1/4 of the SW1/4, N 02°29'13" E 771.20 feet to the Grantor's south line; thence leaving said
west line, S 87031'11" East 63.32 feet along said south line, to the Point of Beginning (POB ESMT B): thence
leaving said south line, N 00°34'22" W 549.19 feet; thence N 03°00'56" W 2.59 feet to the Grantor's north line;
thence along said north line, S 87036'42" E 50.18 feet; thence leaving said north line, S 00034'22" E 551.86 feet
to said south line; thence along said south line, N 87031'11" W 50.07 feet; to the Point of Beginning (POB ESMT
B), containing 27,591 sq. ft., or 0.63 acres.
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 shall 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.
WATER/SEWER EASEMENT
Page 2 of 2
The Grantor agrees not to erect any buildings or structures in said permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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 on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of 12023.
Four Horn Properties, LLC,
an Arkansas limited liability company
BY: Rogers Holdings, LLC,
Its Sole Member
BY:
Russell B. Rogers, its Manager
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF
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 Russell B. Rogers, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he is the Manager of Rogers Holdings, LLC,
acting as the Sole Member of Four Horn Properties, LLC, an Arkansas limited liability company and is duly authorized
in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and
acknowledged that he 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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
I 0 100 200
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18-17-30
FOUR N87° 31' 11"W-50.07" — — I PROPERTIEES HORN
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S87° 31' 11"E-63.32' I DEED 2013-14769
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LEGEND
830-38209-001 TAX PARCEL NUMBER ="./= PROPOSED RIGHT-OF-WAY
2013-14769 DEED RECORD I \I PROPOSED PERMANENT EASEMENT
EXISTING PROPERTY LINE F-E- _ E PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
Tw I JMr McCLELLAND
DATE REVISION WEST TRANSMISSION MAIN CONSULTING
05/04/2023 1 1 EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INC.
SCALE: PRO]. NUMBER'.
AS NOTED 1 11-2184 MAP TRACT 34 1580 E. STEARNS ST.
FOUR HORN PROPERTIES LLC FAYETTEVILLE, AR 72703
EXi (479)443-2377
1 HT P://WWW.MCE.US.COM
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: 1070 Steele Road, Springdale, Arkansas (Tontitown)
Client: McClelland Consulting Engineers
Fee Owner: Four Horn Properties, LLC
Mailing Address: 1070 Steele Road, Springdale, Arkansas
Area Of The Whole: 28.95f ACS Permanent Easement PE A — 0.38f AC
PE B — 0.63f AC
Total - 1.01± ACS
Area Of Remainder:
Area Of Acquisition:
HIGHEST AND BEST USE:
28.95+ ACS
N/A
Whole Property Continued residential use in the interim; residential development in
the future. (see Highest and Best Use section)
Remainder Property Continued residential use in the interim; residential development in
the future. (see Highest and Best Use section)
ACQUISITION COMPENSATION:
Before
Land: 28.95f ACS $ 1,063,950
Improvements: Not Applicable $ 0
Total: $ 1,063,950
After
Land: 28.95f ACS $ 1,037,300
Improvements: Not Applicable $
Total $ 1,037,300
FAIR MARKET VALUE OF ACQUISITION
$
26,650
Total Compensation as of. July 11, 2023
$
26,650
ALLOCATION OF COMPENSATION
Land: Not Applicable
$
0
Permanent Easement: 1.01± Acres (Rounded)
$
26,650
Temporary Construction Easement: Not Applicable
$
0
Improvements: Not Applicable
$
0
Damages: Not Applicable
$
0
Cost to Cure Items: Not Applicable
$
0
Total Compensation:
$
26,650
Please see the Extraordinary Assumptions and Hypothetical Condition previously presented.
STATE
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Katie Reed Hampton, CG3642 ' �' 6Qi°AL
Shannon Reed Mueller, CG2302COM
REED &ASSOCIATES, INC.
REED & ASSOCIATES, INC.
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Blake Hopper, RA4720 =�aE0SE�
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CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Four Horn Properties, LLC
PO Box 6668
Springdale, AR 72766
RE: West Transmission Main Line
Parcel No. 830-38209-001
Tract 34 1070 Steele Road
Offer to purchase easement
Dear Mr. and Mrs. Rogers:
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water
District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains
constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to
Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every
necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to
authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -
of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these
projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial.
There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $26,650.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the
associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hjones(afayetteville-ar gov) or Brandi
Samuels (479) 444-3421 (bsamuelsAfavetteville-ar.gov). For questions or concerns, please contact Corey Granderson,
Utilities Engineer at cgranderson a@fayetteville-ar.gov or Tim Nyander, Utilities Director at tnyander(d.fayetteville-ar.gov.
Wit kin t re
Aqards,
Tim Nyander
Utilities Director
TN/hj
Enc
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Wildcat Creek Farms, LLC
Tract No. 35
West Transmission Main
Parcel No. 830-38207-000, 830-38210-000
830-38327-100, 830-38289-000 & 830-38288-100
Tract No. 35
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Wildcat Creek Farms, LLC, 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, 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 to construct, lay, remove, relay, inspect, enlarge
and/or operate a water and/or sanitary sewer pipe line or lines, manholes, grantee
owned fiber optic equipment 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. 2013-25230)
Parcel: 830-38207-000; 830-38210-000; 830-38327-100
The NW'/4 of the SE'/4; the NE'/4 of the SW'/4; a part of the SE'/4 of the NW'/4; a part of the SW'/ of the NW'/; a
part of the NW'/4 of the SW'/4 all in Section 18, T-17-N, R-30-W; ALSO, a part of the SE'/4 of the NE'/4 and a part of
the NE'/4 of the SE'/4 all in Section 13, T-17-N, R30-W, together being more particularly described as follows:
beginning at a found axle marking the Southwest corner of the NW'/4 of the SE'/4 of said Section 18; thence
N89°21'14"E 1309.54 feet to the Southeast corner of the NW'/4 of the SE'/4 of said Section 18; thence
N00027'53"W 1322.98 feet to the Northeast corner of the NW'/4 of the SE'/4 of said Section 18; thence
S00024'58"W 678.22 feet along the East line of the NW'/4 of said Section 18 to a point in line with an existing fence
running Northwesterly, said fence being the boundary between the Andrews and Russell properties as surveyed
for them by Ralph Shreve in 1964; thence along said fence N88°45'21"W 3918.00 feet to the West line of the SE'/4
of the NE'/4 of said Section 13; said point being S00003'40"E 589.13 feet from the Northwest corner of the SE'/4 of
the NE'/ of said Section 13; thence S00°03'40"E 738.63 feet to the Northwest corner of the NE'/4 of the SE'/4 of
said Section 13; thence S00°30'40"E 412.50 feet; thence S77°20'25"E (Record S76°30'E) 2675.10 feet along an
existing fence to a found iron; thence S00°46'31"E 362.93 feet to the Southwest corner of the NE'/ of the SW'/4 of
said Section 18; thence N89°29'15"E 1321.33 feet to the point of beginning, containing 185.80 acres, more or less.
Parcel: 830-38289-000; 830-38288-100 (and others)
A part of the Northeast Quarter (NE'/4) of the Northwest Quarter (NW'/4), the Northwest Quarter (NW'/4) of the
Northwest Quarter (NW'/4), a part of the Southwest Quarter (SW'/4) of the Northwest Quarter (NW'/4), a part of the
Southeast Quarter (SE'/4) of the Northwest Quarter (NW'/4) all in Section Eighteen (18) and a part of the Fractional
Southwest Quarter (Frl. SW'/4) of the Southwest Quarter (SW'/4) all in Section Seven (7), all being in Township
Seventeen (17) North, Range Thirty (30) West; ALSO, a part of the Southeast Quarter (SE'/4) of the Southeast
Quarter (SE'/) of Section Twelve (12), the Northeast Quarter (NE'/) of the Northeast Quarter (NE'/4) and apart of
the Southeast Quarter (SE'/4) of the Northeast Quarter (NE'/4) all in Section Thirteen (13), all being in Township
Seventeen (17) North, Range Thirty-one (31) West, and being more particularly described as follows: Beginning at
the Northeast corner of the Northeast Quarter (NE'/4) of the Northwest Quarter (NW'/4), of Section Eighteen (18),
Township Seventeen (17) North, Range Thirty (30) West; thence South 0024'58" East 6.95 feet to a found iron pin
on the South line of a 25 foot access easement; thence South 84°16'18" West along the south line of said
easement 283.90 feet; thence South 82035'45" West along the South line of said easement 25.45 feet to a found
iron pin which is the true point of beginning; thence along the south line of said easement the following bearings
and distances: South 82°35'45" West 211.26 feet; South 79°04'26" West 103.05 feet; thence leaving said
easement North 74029'41" West 69.54 feet; thence South 79030'00" West 292.28 feet; thence South 37025'17"
West 140.33 feet; thence South 41 °14'35" West 39.13 feet; thence South 60008'04" West 41.22 feet; thence South
70°52'08" West 38.70 feet; thence South 77°56'39" West 60.86 feet to the South line of a 25 foot easement;
thence along the said easement, the following bearings and distances: North 52020'35" West 129.18 feet; North
42°48'30" West 209.05 feet; North 03004'43" East 109.65 feet to an existing fence; thence along the said fence, the
following bearings and distances: North 56°48'22" West 79.52 feet; North 67°25'58" West 75.44 feet; North
59018'19" West 205.73 feet; North 66025'43" West 88.62 feet; South 87051'28" West 130.81 feet; North 77003'02"
West 248.07 feet; North 89022'15" West 323.27 feet to the West line of Section Seven (7), Township Seventeen
(17) North, Range Thirty (30) West; thence North 00'11'06" East 66.88 feet to a railroad spike; thence S89°50'30"
West 1350.71 feet to an iron pin set on the West line of the SE'/4 of the SE'/4 of Section Twelve (12), Township
Seventeen (17) North, Range Thirty-one (31) West; thence South 001822 West 1652.7 feet to a found iron pin at
the Northwest corner of the SE'/4 of the NE'/4 of Section Thirteen (13), Township Seventeen (17) North, Range
Thirty-one (31) West; thence South 0003'40" East 589.13 along the West line of the said SE'/4 of the NE'/4 to a
found iron pin in a fence line, said fence being the property line between the Russell and Andrews (now Inlow)
properties as surveyed for them by Ralph Shreve in 1964; thence along the said existing fence line S88°45'21"
East 3918.0 feet to a found iron pin on the East line of the Southeast Quarter (SE'/4) of the Northwest Quarter
(NW'/4) of Section Eighteen (18), Township Seventeen (17) North, Range Thirty (30) West; thence leaving said
fence line North 0°24'58" West 1382.13 feet along the East line of the East Half (E'/2) of the Northwest Quarter
WATER/SEWER EASEMENT
Page 2
(NW'/4), of said Eighteen (18), Township Seventeen (17) North, Range Thirty (30) West, to a point which is South
00024'58" East 579.54 feet of an from the Northeast corner of the Northeast Quarter (NE'/4) of the Northwest
Quarter (NW'/4), of said Section Eighteen (18), same being the Southeast corner of 3.95 acre tract heretofore
conveyed to the Northwest Arkansas Zoological Society, Inc. as recorded in Washington County Land Document
No. 92-50205; thence South 89025'25" West 307.95 feet; thence North 00024'58" West 544.7 feet to the point of
beginning, containing 181.60 acres, more or less. LESS AND EXCEPT: That part thereof lying and being within
the North 64 rods (1056.00 feet) of the Southeast Quarter (SE'/4) of the Southeast Quarter (SE'/4) of Section
Twelve (12), Township Seventeen (17) North, Range Thirty-one (31) West.
(Also a 60 easement described on deed but not this document)
Subject to easements, right-of-ways, and protective covenants of record, if any. Subject to all prior mineral
reservations and oil and gas leases, if any.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) and Northwest Quarter (NW1/4) of the
Southwest Quarter (SW1/4) of Section 18, Township 17 North, Range 30 West, Part of the Northeast Quarter
NE1/4 of the Southeast Quarter (SE1/4), and part of the Southeast Quarter (SE1/4) of the Northeast Quarter
(NE1/4), and part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section 13, Township 17
North, Range 31 West, and Part of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of Section
12, Township 17 North, Range 31 West, all in Washington County, Arkansas, being more particularly described
as follows: Commencing at the SW Corner of the NE1/4 of the SW1/4 of Section 18, Township 17 North, Range
30 West; thence along the south line of said NE1/4 of the SW1/4, S 87°36'42" East 32.84 feet to the Point of
Beginning (POB ESMT): thence leaving said south line, N 03°00'56" W 364.55 feet to the Grantor's south
property line; thence along said south property line, N 74°26'41" W 2446.29 feet; thence leaving said south
property line, N 19°36'49" W 287.09 feet; thence N 04°03'42" W 943.08 feet to the Grantor's west property line;
thence along said west property line for the following three calls: thence N 02°50'16" E 589.04 feet; thence N
03°12'18" E 1322.77 feet; thence N 03°01'32" E 256.93 feet to the Grantor's north property line; thence leaving
said west property line, S 87°31'40" E 50.00 feet along said north property line; thence leaving said north
property line, S 03°01'32" W 257.41 feet; thence S 03012'18" W 1322.77 feet; thence S 02050'16" W 585.87
feet; thence S 04oO3'42" E 933.24 feet; thence S 19°36'49" E 254.32 feet; thence S 74°26'41" E 2456.30 feet;
thence S 03°00'56" E 404.16 feet; thence S 00°34'22" E 1.07 feet; thence N 87°36'42" W 50.18 feet; to the Point
of Beginning (POB), containing 310,622 sq. ft., or 7.13 acres.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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 on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WATER/SEWER EASEMENT
Page 3
WITNESS the execution hereof on this the day of 2023.
Wildcat Creek Farms, LLC
By:
Tamara Martin, Manager
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 Tamara Martin to me well known as the person who executed
the foregoing document, and who stated and acknowledged that she is the Manager of the Wildcat Creek Farms, LLC,
and is duly authorized in her capacity to execute the foregoing instrument for and in the name and behalf of said
company, and further stated and acknowledged that she 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 day of 2023.
MY COMMISSION EXPIRES:
Notary Public
West Transmission Main
Parcel No. 830-38207-000, 830-38210-000
830-38327-100, 830-38289-000 & 830-38288-100
Tract No. 35
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Wildcat Creek Farms, LLC, hereinafter called GRANTORS, 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 the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called GRANTEE, and unto Grantee's successors and
assigns, a temporary construction and grading easement on, over, and through the
following described land situated in the County of Washington, State of Arkansas,
for the sole purposes necessary for construction of West Transmission Main to -wit:
PROPERTY DESCRIPTION: (Deed Ref. 2013-25230)
Parcel: 830-38207-000; 830-38210-000; 830-38327-100
The NW'/4 of the SE'/4; the NE'/4 of the SW'/4; a part of the SE'/4 of the NW'/4; a part of the SW'/4 of the NW'/; a part of
the NW'/ of the SW'/4 all in Section 18, T-17-N, R-30-W; ALSO, a part of the SE'/4 of the NE'/ and a part of the NE'/ of
the SE'/ all in Section 13, T-17-N, R30-W, together being more particularly described as follows: beginning at a found
axle marking the Southwest corner of the NW'/ of the SE'/ of said Section 18; thence N89°21'14"E 1309.54 feet to the
Southeast corner of the NW'/4 of the SE'/4 of said Section 18; thence N00027'53"W 1322.98 feet to the Northeast
corner of the NW'/4 of the SE'/4 of said Section 18; thence S00°24'58"W 678.22 feet along the East line of the NW'/4 of
said Section 18 to a point in line with an existing fence running Northwesterly, said fence being the boundary between
the Andrews and Russell properties as surveyed for them by Ralph Shreve in 1964; thence along said fence
N88°45'21"W 3918.00 feet to the West line of the SE'/4 of the NE'/4 of said Section 13; said point being S00°03'40"E
589.13 feet from the Northwest corner of the SE'/4 of the NE'/4 of said Section 13; thence S00°03'40"E 738.63 feet to
the Northwest corner of the NE'/4 of the SE'/4 of said Section 13; thence S00030'40"E 412.50 feet; thence S77020'25"E
(Record S76°30'E) 2675.10 feet along an existing fence to a found iron; thence S00°46'31"E 362.93 feet to the
Southwest corner of the NE'/4 of the SW'/4 of said Section 18; thence N89°29'15"E 1321.33 feet to the point of
beginning, containing 185.80 acres, more or less.
Parcel: 830-38289-000; 830-38288-100 (and others)
A part of the Northeast Quarter (NE'/4) of the Northwest Quarter (NW'/4), the Northwest Quarter (NW'/4) of the
Northwest Quarter (NW'/4), a part of the Southwest Quarter (SW'/4) of the Northwest Quarter (NW'/4), a part of the
Southeast Quarter (SE'/4) of the Northwest Quarter (NW'/4) all in Section Eighteen (18) and a part of the Fractional
Southwest Quarter (Frl. SW'/4) of the Southwest Quarter (SW'/4) all in Section Seven (7), all being in Township
Seventeen (17) North, Range Thirty (30) West; ALSO, a part of the Southeast Quarter (SE'/4) of the Southeast Quarter
(SE'/4) of Section Twelve (12), the Northeast Quarter (NE'/) of the Northeast Quarter (NE'/4) and a part of the
Southeast Quarter (SE'/4) of the Northeast Quarter (NE'/4) all in Section Thirteen (13), all being in Township
Seventeen (17) North, Range Thirty-one (31) West, and being more particularly described as follows: Beginning atthe
Northeast corner of the Northeast Quarter (NE'/4) of the Northwest Quarter (NW'/4), of Section Eighteen (18), Township
Seventeen (17) North, Range Thirty (30) West; thence South 0°24'58" East 6.95 feet to a found iron pin on the South
line of a 25 foot access easement; thence South 84016'18" West along the south line of said easement 283.90 feet;
thence South 82035'45" West along the South line of said easement 25.45 feet to a found iron pin which is the true
point of beginning; thence along the south line of said easement the following bearings and distances: South 82°35'45"
West 211.26 feet; South 79004'26" West 103.05 feet; thence leaving said easement North 74029'41" West 69.54 feet;
thence South 79030'00" West 292.28 feet; thence South 3702617" West 140.33 feet; thence South 41 °14'35" West
39.13 feet; thence South 60°08'04" West 41.22 feet; thence South 70°52'08" West 38.70 feet; thence South 77°56'39"
West 60.86 feet to the South line of a 25 foot easement; thence along the said easement, the following bearings and
distances: North 52020'35" West 129.18 feet; North 42048'30" West 209.05 feet; North 03004'43" East 109.65 feet to an
existing fence; thence along the said fence, the following bearings and distances: North 56°48'22" West 79.52 feet;
North 67025'58" West 75.44 feet; North 59018'19" West 205.73 feet; North 66025'43" West 88.62 feet; South 87051'28"
West 130.81 feet; North 77003'02" West 248.07 feet; North 89022'15" West 323.27 feet to the West line of Section
Seven (7), Township Seventeen (17) North, Range Thirty (30) West; thence North 00'11'06" East 66.88 feet to a
railroad spike; thence S89°50'30" West 1350.71 feet to an iron pin set on the West line of the SE'/4 of the SE'/4 of
Section Twelve (12), Township Seventeen (17) North, Range Thirty-one (31) West; thence South 001822 West 1652.7
feet to a found iron pin at the Northwest corner of the SE'/4 of the NE'/4 of Section Thirteen (13), Township Seventeen
(17) North, Range Thirty-one (31) West; thence South 0003'40" East 589.13 along the West line of the said SE'/4 of the
NE'/4 to a found iron pin in a fence line, said fence being the property line between the Russell and Andrews (now
Inlow) properties as surveyed for them by Ralph Shreve in 1964; thence along the said existing fence line S88°45'21"
East 3918.0 feet to a found iron pin on the East line of the Southeast Quarter (SE'/4) of the Northwest Quarter (NW'/4)
of Section Eighteen (18), Township Seventeen (17) North, Range Thirty (30) West; thence leaving said fence line North
0°24'58" West 1382.13 feet along the East line of the East Half (E'/2) of the Northwest Quarter (NW'/4), of said Eighteen
(18), Township Seventeen (17) North, Range Thirty (30) West, to a point which is South 00024'58" East 579.54 feet of
an from the Northeast corner of the Northeast Quarter (NE'/4) of the Northwest Quarter (NW'/4), of said Section
Eighteen (18), same being the Southeast corner of 3.95 acre tract heretofore conveyed to the Northwest Arkansas
TCE
Page 2 of 3
Zoological Society, Inc. as recorded in Washington County Land Document No. 92-50205; thence South 89025'25"
West 307.95 feet; thence North 00°24'58" West 544.7 feet to the point of beginning, containing 181.60 acres, more or
less. LESS AND EXCEPT: That part thereof lying and being within the North 64 rods (1056.00 feet) of the Southeast
Quarter (SE'/4) of the Southeast Quarter (SE'/4) of Section Twelve (12), Township Seventeen (17) North, Range Thirty-
one (31) West.
(Also, a 60-foot easement described on deed but not this document)
Subject to easements, right-of-ways, and protective covenants of record, if any. Subject to all prior mineral
reservations and oil and gas leases, if any.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
TEMPORARY CONSTRUCTION EASMENT A
Part of the Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) and Northwest Quarter (NW1/4) of the
Southwest Quarter (SW1/4) of Section 18, Township 17 North, Range 30 West, and Part of the Northeast Quarter
NE1/4 of the Southeast Quarter (SE1/4) of Section 13, Township 17 North, Range 31 West, all in Washington
County, Arkansas, being more particularly described as follows: Commencing at the SW Corner of the NE1/4 of the
SW1/4 of Section 18, Township 17 North, Range 30 West; thence along the south line of said NE1/4 of the SW1/4,
S 87°36'42" East 83.02 feet; thence leaving said south line, N 00°34'22" W 1.07 feet; thence N 03°00'56" W 404.16
feet to the Point of Beginning (POB TCE A): thence N 74026'41" W 1700.00 feet; thence N 15033" 9" E 50.00 feet;
thence S 74°26'41" E 1683.20 feet; thence S 03°00'56" E 52.75 feet; to the Point of Beginning (POB TCE A),
containing 84,580 sq. ft., or 1.94 acres.
TEMPORARY CONSTRUCTION EASMENT B
Part of the Southeast Quarter (SE1 /4) of the Northeast Quarter (NE1 /4) of Section 13, Township 17 North, Range 31
West, all in Washington County, Arkansas, being more particularly described as follows: Commencing at the SW
Corner of the Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) of Section 18, Township 17 North,
Range 30 West; thence along the south line of said NE1/4 of the SW1/4, S 87°36'42" East 83.02 feet; thence leaving
said south line, N 00°34'22" W 1.07 feet; thence N 03°00'56" W 404.16 feet; thence N 74°26'41" W 2456.30 feet;
thence N 19°36'49" W 254.32 feet; thence N 04°03'42" W 433.24 feet to the Point of Beginning (POB TCE B):
thence N 04°03'42" W 500.00 feet; thence N 02'50'16" E 17.57 feet; thence S 87°09'44" E 25.00 feet; thence
S 02'50'16" W 16.06 feet; thence S 04°03'42" E 498.49 feet; thence S 85'56'18" W 25.00 feet; to the Point of
Beginning (POB TCE B), containing 12,902 sq. ft., or 0.30 acres.
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.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any permanent
structure(s) which may be located or under construction within said temporary construction easement area during the construction
of this project.
TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress to
and egress from the real estate first herein above described for the uses and purposes herein above set forth.
The consideration first above recited as being paid to the 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 easement on behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
TCE
Page 3 of 3
WITNESS the execution hereof on this the day of 12023.
By:
Wildcat Creek Farms, LLC
Tamara Martin, Manager
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Publicwithin
and for said County and State, personally appeared Tamara Martin to me well known as the person who executed the
foregoing document, and who stated and acknowledged that she is the Manager of the Wildcat Creek Farms, LLC, and is duly
authorized in her capacity to execute the foregoing instrument for and in the name and behalf of said company, and further
stated and acknowledged that she 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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
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SCALE 1i' = 200'
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PN:830-38210-000
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LEGEND
AS NOTED TAX PARCEL NUMBER =".,= PROPOSED RIGHT-OF-WAY
2013-25230 DEED RECORD r \I PROPOSED PERMANENT EASEMENT
EXISTING PROPERTY LINE ��E _ E PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
TW 1Mr WmcCLELLAND
IATE: RE111111 WEST TRANSMISSION MAIN CONSULTING
04/12/23 1 EXHIBIT "A" FAYETTEVILLE AR -ENGINEERS, INC.
SCALE: PRO]. NUMBER'.
AS NOTED 11-2184 MAP TRACT 35 1580 E. STEARNS ST.
EX-1 /4 WILDCAT CREEK FARMS LLC FAYE(479) 443 23 72703
(479)443-2377
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2013-25230 DEED RECORD
EXISTING PROPERTY LINE F-E- _ E
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE.
PROPOSED RIGHT-OF-WAY
PROPOSED PERMANENT EASEMENT
PROPOSED TEMP. CONST. EASEMENT
(NOT A PLAT OF SURVEY)
Tw I 1Mr McCLELLAND
DATE REVISION: WEST TRANSMISSION MAIN CONSULTING
E4 E: PRO]. NUMBER
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SCALE: '.
AS NOTED 1 11-2184 MAP TRACT 35 1580 E. STEARNS ST.
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BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
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04/12/23 1 EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INC.
SCALE: PRO]. NUMBER'.
AS NOTED 11-2184 MAP TRACT 35 1580 E. STEARNS ST.
EX- 3/4 WILDCAT CREEK FARMS LLC FAYE(479) LLE,443 23 72703
(479)443-2377
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REVISION:
04/12/23
1
EXHIBIT "A"
MAP
FAYETTEVILLE AR
TRACT 35
WILDCAT CREEK FARMS LLC
—ENGINEERS, INC.
1580 E. STEARNS ST.
FAYETTEVILLE, AR 72703
-2377
HTTP://W W W.MCE.US.COM
/WWW.M43US.CO
SCALE:
AS NOTED
PRO]. NUMBER'.
11-2184
EX-4/4
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: End of Piazza Road, north side of Steele Road, east of S. Barrington Road, and west
of S. Maestri Road, in Tontitown, Arkansas
Client: McClelland Consulting Engineers
Fee Owner: Wildcat Creek Farms, LLC
Mailing Address: P.O. Box 10620 Fayetteville, Arkansas 72703
Area Of The Whole: 426.17E ACS Permanent Utility Easement 7.13E ACS
Area Of Remainder: 426.17E ACS Temporary Construction Easement 2.24E ACS
Area Of Acquisition: 0± ACS
HIGHEST AND BEST USE:
Whole Property Residential development.
Remainder Property Residential development.
ACQUISITION COMPENSATION:
Before
Land: 426.17E ACS
$
6,392,550
Improvements: Not Appraised
$
0
Total:
$
6,392,550
After
Land: 426.17E ACS
$
6,314,500
Improvements: Not Appraised
$
0
Total
$
6,314,500
Subtotal
$
78,050
Plus: Temporary Construction Easement
3,350
Total Compensation as of: June 19, 2023
$
81,400
ALLOCATION OF COMPENSATION
Land: N/A
$
0
Permanent Easement: 7.13E ACS
$
78,050
Temporary Construction Easement: 2.24E ACS @ Rental Value
$
3,350
Improvements: N/A
$
0
Damages: Not Applicable
$
0
Cost to Cure Items: Not Applicable
$
0
Total Compensation:
$
81,400
K@
.?� STTATEWE
CE MPED
Katie Reed Hampton, CG3642
GENMAL
REED & ASSOCIATES, INC.
Date of Report: June 19, 2023
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Wildcat Creek Farms LLC
PO Box 10620
Fayetteville, AR 72703
RE: West Transmission Main Line
Parcel No. 830-38210-000 and more
Tract 35
Offer to purchase easement
Dear Ms. Martin:
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water
District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains
constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen
to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for
every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023
to authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street
rights -of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for
these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a
trial. There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $81,400.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax ldpntifiration Numher (C orpnratinn) sn that a rheck ran he. written. A W-9 was prnvirled fnr this ptirpnse, htit wP will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the
associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hionesi5fayetteville-ar qov) or
Brandi Samuels (479) 444-3421 (bsamuels(afayetteville-ar.gov). For questions or concerns, please contact Corey
Granderson, Utilities Engineer at cgranderson(a?fayetteville-ar.gov or Tim Nyander, Utilities Director at
tnyander(a)fayetteville-ar.gov.
Wit kin est egards,
Tim Nyander
Utilities Director
TN/hj
Enr.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Solomon Properties, LLC
Tract No. 36
West Transmission Main
Parcel No. 830-39166-000
Tract No. 36
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Solomon Properties LLC, an Arkansas limited liability
company, 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, 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 to
construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or
sanitary sewer pipe line or lines, manholes, grantee owned fiber optic equipment
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: (Warranty Deed: 2020-018218)
Tract 1 of the 4-K Minor Subdivision as shown in Plat Book 24 at Page 216 in the office of the Circuit Clerk and
Ex-Officio Recorder and being more particularly described as follows: A part of the Southeast Quarter (SE'/4) of
the Southeast Quarter(SE'/4) of Section 12, Township 17 North, Range 31 West, Washington County, Arkansas,
being more particularly described as follows: Beginning at a'/2" rebar at the Northwest corner of said SE'/4 of the
SE'/; thence S87°27'54"E 1102.21 feet along the north line of said SE'/ of the SE'/4 to a '/2" rebar; thence
S03006'31"W 500.00 feet to a '/2" rebar; thence S87027'54"E 250.00 feet to the East line of said SE'/ of the
SE'/; thence S03°06'31"W 343.26 feet along said East line to a mag nail; thence N87°30'14"W 239.84 feet to a
1/2" rebar; thence S03°09'00"W 201.53 feet to a 1/2" rebar; thence S71°22'42"E 31.14 feet to a'/2" rebar; thence
S87033'14"E 209.87 feet to a mag nail on said East line; thence S00055'42"E 16.13 feet to a '/2" rebar; thence
N87°31'20"W 1350.88 feet to a 1/2" rebar on the west line of said SE'/4 of the SE'/4; thence NO2°58'34"E
1070.68 feet to the point of beginning, containing 29.16 acres, more or less. Subject to easements, right of ways
and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases, if any.
PERMANENT EASEMENT DESCRIPTION:
Part of Tract 1 of the 4-K Minor Subdivision as shown in Plat Book 24, Page 216, Tontitown, Washington
County, Arkansas, described as: Part of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of
Section 12, Township 17 North, Range 31 West, Washington County, Arkansas, being more particularly
described as follows: Commencing at the NE Corner of the SE1/4 of the SE 1/4 of said Section 12; thence
along the North line of said SE 1/4 of the SE 1/4 North 87128'03" West, 1302.22 feet to the POINT OF
BEGINNIG (P.O.B.); thence South 02058'42" West, 1070.47 feet to the Grantor's South property line; thence
along the Grantor's South property line North 87'32'15" West, 50.00 feet to the West line of said SE 1/4 of the
SE 1/4; thence along the West line of said SE 1/4 of the SE 1/4 North 02°58'42" East, 1070.53 feet to the North
line of said SE 1/4 of the SE 1/4; thence along the North line of said SE 1/4 of the SE 1/4 South 87028'03" East,
50.00 feet to the POINT OF BEGINNING (P.O.B.), containing 53,524 sq. ft., or 1.23 acres.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
WATER/SEWER EASEMENT
Page 2 of 2
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 on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of 12023.
BY:
Solomon Properties LLC,
an Arkansas limited liability company
amara Martin, Manager
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 Tamara Martin, to me well known as the person who executed
the foregoing document, and who stated and acknowledged that she is the Manager of Solomon Properties LLC, an
Arkansas limited liability company, and is duly authorized in his/her capacities to execute the foregoing instrument for
and in the name and behalf of said corporation, and further stated and acknowledged that he/she 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 day of 2023.
MY COMMISSION EXPIRES:
Notary Public
Basis of Bearings: UTILITY EASEMENT MAP
Arkansas State Plane TRACT MAP NO. 36
Coordinate System
(North Zone) EXHIBIT A
SCALE: 1" = 250'
PE — 53,545 SQ. FT. (1.23 A
TCE — 0 SQ. FT. (0 AC.) C.)
II
POB TRACT 36 Land line
J487' 28' 03"W - 1302.22'
-N87' 28' 03"W - 50.00
NE CORNER
SE1/4, SE1/4
II
SECTION 12
50' PE
T-17—N,
R-31—W
I
POC TRACT 36
TRACT
I
U?
36
I
II
p
O
Parcel # 830-39166-000
SOLOMON PROPERTIES
LLC
i
I
PO BOX 10620
3
FAYETTEVILLE, AR 72703
N
Warranty Deed Document
ACV
2020-18218
I
n
111)
SE —SE
I I I
�
N
EXIST. 20' TONTITOWN U.E------
( 2006-04967)
I
JI
I
EXIST. 20' TONTITOWN U.E.
(2006-04967)
I I
r
I
J
N 87' 32' 15"W
50.00' SE CORNER
SE1/4, SE1/4
SEC -ION 12
T-17—N,
Land line SECT/ON 12 R-31—W
SECTION 13 - - - - - - --�-
L E G E N D
0 Permanent Easement 0 Temporary Construction Easement
I Property Line • Corner of Permanent Easement
B74 Street Right —of —Way Existing Utility Easement Line
TICE — Temporary Construction Easement PE — Permanent Easement
Property Owner : RALPH & NANCY PENDERGRAFT
CITYOF Drawn by : McClelland Consulting Engineers Project Name
PAYETTEVILLE Date: Nov. 2022 Scale : 1" = 250' West Transmission
Project No. 112184 Tract No. 36 Main Route
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: 1553 Piazza Road, Tontitown, Arkansas 72762
Client: McClelland Consulting Engineers
Fee Owner: Solomon Properties, LLC
Mailing Address: P.O. Box 10620, Fayetteville, AR 72703
Area Of The Whole: 29.16f ACS, or Permanent Easement 53,524± SF
1,270,210f SF
Area Of Remainder: 29.16f ACS, or Temporary Construction Easement 0± SF
1,270,2101 SF
Area Of Acquisition: 0± SF
HIGHEST AND BEST USE:
Whole Property In my opinion, the highest and best use of the subject as improved
is to raze the existing agricultural improvements for residential
development, within shape limitations, and in conformity to Zoning
Regulations.
Remainder Property In my opinion, the highest and best use of the subject as improved
is to raze the existing agricultural improvements for residential
development, within shape limitations, and in conformity to Zoning
Regulations.
ACQUISITION COMPENSATION:
Before
Land: 29.16f ACS
Improvements: None
Total:
After
Land: 29.16f ACS
Improvements: None
Total
Total Compensation as of: November 22, 2022
ALLOCATION OF COMPENSATION
Land: N/A
Permanent Easement: 53,524f SF
Temporary Construction Easement: N/A
Improvements: N/A
Damages: Not Applicable
Cost to Cure Items: Not Applicable
Total Compensation:
0",
STATE
COMFIED
BENMAL
Katie Reed Hampton, CG3642
cas"2
REED & ASSOCIATES, INC.'''f,H�!"°``
889,150
0
$ 889,150
865,700
0
$ 865,700
$ 23,450
$ 0
$ 23,450
$ 0
$ 0
$ 0
$ 0
$ 23,450
Date of Report: December 13, 2022
►I
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Solomon Properties, LLC
PO Box 1120
Tontitown, AR 72770
RE: West Transmission Main Line
Parcel No. 830-39166-000
Tract 36
Offer to purchase easement
Dear Ms. Martin:
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water
District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains
constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to
Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every
necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to
authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -
of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these
projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial.
There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $23,450.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the
associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hiones�c-Vayetteville-ar gov) or Brandi
Samuels (479) 444-3421(bsamuels(5�fayetteville-ar.gov). For questions or concerns, please contact Corey Granderson,
Utilities Engineer at cgrandersoncd�fayetteville-ar.gov or Tim Nyander, Utilities Director at tnyandertafayetteville-ar.gov.
With indest regards,
4*A41
Tim Nyander
Utilities Director
TN/hj
Enc
Mailing Address:
113 W. Mountain Street www.fayettevi►►e-ar.gov
Fayetteville, AR 72701
C. L. George & Sons
Tract No. 37E
West Transmission Main
Parcel No. 830-38285-000
Tract No. 37E
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT C. L. George & Sons, an Arkansas General Partnership,
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, 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 to construct,
lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer
pipe line or lines, manholes, grantee owned fiber optic equipment 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: (Survey Dr3-281)
The Northwest Quarter (NW'/4) of the Southeast Quarter (SW'/4) and part of the Southwest Quarter (SW'/4) of
the Southeast Quarter (SE'/4) of Section 12, Township 17 North, Range 31 West, Washington County, being
more particularly described as follows: Beginning at the Northwest corner of said NW1/4 of the SE1/4; thence
North 88°49'33" East 1316.12 feet; thence South 0°40'42" East 2381.46 feet; thence South 88°41'05" West
1352.44 feet; thence North 0011'36" East 2385.38 feet to the POINT OF BEGINNING, containing 72.99 acres,
more or less, with approximately 40.64 acres in said NW1/4 of the SE1/4 and approximately 32.35 acres in the
SW1/4 of the SE1/4, and subject to the right of way of a county road along the West boundary and the right of
way of an Ozarks Electric Power line along the North boundary thereof. Also subject to a water line easement
10 feet in width, 5 feet on each side of the following described centerline: Beginning North 0°40'42" West 618.03
feet from the Southwest corner of the above described tract; thence South 74°32'57" West 289.48 feet; thence
South 84005'52" West 181.80 feet; thence North 83010'05" West 303.31 feet; thence North 83024'35" West
160.68 feet; thence North 88°54'22" West 253.15 feet; thence South 87°41'58" West 169.15 feet to the POINT
OF ENDING.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northwest Quarter (NW1/4) of the Southeast Quarter (SE1/4) of Section 12, Township 17 North,
Range 31 West, Washington County, Arkansas, being more particularly described as follows: Beginning at the
NE corner of the NW 1/4 of the SE 1/4 of said Section 12 also being the NE corner of the Grantors property;
thence along the Grantor's East property line, South 03' 04' 40" West a distance of 663.97 feet; thence
continuing along the Grantor's East property line, South 030 04' 40" West a distance of 663.97 feet; thence
leaving the Grantor's East property line North 87° 45' 08" West a distance of 30.00 feet; thence North 03' 04'
40" East a distance of 662.92 feet; thence North 03' 04' 40" East a distance of 664.89 feet to the Grantor's
North line also being the North line of the NW 1/4 of the SE 1/4; thence along said North line South 870 43' 45"
East a distance of 30.00 feet to the POINT OF BEGINNING (P.O.B.), containing 39,826 sq. ft., or 0.91 acres.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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.
WATER/SEWER EASEMENT
Page 2
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of 12023.
C. L. George & Sons,
an Arkansas General Partnership
BY: BY:
Gary C. George, General Partner Cathy George Evans, General Partner
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 Gary C. George and Cathy George Evans, to me well known
as the persons who executed the foregoing document, and who stated and acknowledged that they are General Partners
of C. L. George & Sons, an Arkansas General Partnership, and are duly authorized in their capacities to execute the
foregoing instrument for and in the name and behalf of said 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 day of 2023.
MY COMMISSION EXPIRES:
Notary Public
Basis of Bearings:
Arkansas State Plane
Coordinate System
(North Zone)
SCALE: 1 " = 500'
UTILITY EASEMENT MAP
TRACT MAP NO. 37E
EXHIBIT "A"
S87' 43' 44'E —
NO3' 04' 5WE —
NW-SE SEC. 12 TRACT
37
Parcel # 830-38285-000
CL GEORGE & SONS
1328 TALDO LOOP
SPRINGDALE, AR 72762
Warranty Deed Document
N 1429-672
i;
NO3' 04' 40"E — 662.54
N86' 45' OWW — 30.00'—
SW -SE SEC. 12
L E G E N D
PE — 39,830 SQ. FT. (0.91 AC.)
TCE — 0 SQ. FT. (0 AC.)
NE CORNER
NW1/4, SE1/4
SECTION 12
T-17-N,
R-31-W
PE
PE
04' 50'W — 663.97'
04' 40"W I — 663.97'
line
0 Permanent Easement 0 Temporary Construction Easement
I Property Line • Corner of Permanent Easement
B74 Street Right —of —Way Existing Utility Easement Line
TCE — Temporary Construction Easement PE — Permanent Easement
Property Owner : CL GEORGE & SONS
CITYOF Drawn by : McClelland Consulting Engineers Project Name
FAYETTEVILLE Date: Mar. 2022 Scale : 1" = 500' West Transmission
Project No. 112184 Tract No. 378 Main Route
Location:
Client:
Fee Owner:
Mailing Address:
Tract No.
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
East side of Taldo Loop, east of Barrington Road; 1328 Taldo Loop, Tontitown,
AR
McClelland Consulting Engineers
C.L. George & Sons, an Arkansas General Partnership
P.O. Box G, Springdale, AR 72765
37E
Area Of The Whole: 72.99± ACS Permanent Utility 0.91± AC
Easement:
Area Of Remainder: 72.991 ACS
Area Of Acquisition: Not Applicable Temporary Construction Not Applicable
Easement:
Date of Report: November 18, 2022
HIGHEST AND BEST USE:
Whole Property- Hold for residential development/ use. Interim agricultural use.
Remainder Property- Hold for residential development/ use. Interim agricultural use.
ACQUISITION COMPENSATION:
Before
Land: 72.99± ACS $ 2,225,650
Improvements: Not Applicable $ 0
Total: $ 2,225,650
After
Land: 72.99f ACS
Improvements: Not Applicable
Total
Total Compensation as of. November 9, 2022
$ 2,215,150
$ 0
$ 2,215,150
ALLOCATION OF COMPENSATION
$ 10,500
Land: Not Applicable $ 0
Utility Easement: 0.91f AC $ 10,500
Temporary Construction Easement: Not Applicable $ 0
Improvements: None $ 0
Damages: None $ 0
Cost to Cure Items: None $ 0
Total Compensation: $ 10,500
Please see the Extraordinary Assumptions and Hypothetical Condition previously presented.
i
Katie Reed Hampton, CG3642
Reed & Associates, Inc.
` M STATE �o
CEIMPED L =
GENERAL
COO `
...........
�1,"I�'
%F
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
C L George & Sons, an Arkansas General Partnership
c/o Gary George & Cathy George Evans
PO Box G
Springdale AR 72765
RE: West Transmission Main Line
Parcel No. 830-38285-000
Tract 37E
Offer to purchase easement
Dear Mr. George and Ms Evans.
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new
outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly
available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington,
from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for
every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023
to authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street
rights -of -way To ensure these projects could be built timely, the City Council had to authorize many condemnations for
these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a
trial. There is a brochure enclosed explaining the process
Please accept our professionally appraised offer (or counter offer) of $35,000.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate, and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property
We will provide a copy of the recorded documents upon your request Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated
easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hlones[a�fayetteville-ar qov) or Brandi Samuels
(479) 444-3421 (bsarnuels(a)fayetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities
Engineer at cgranderson(a)fayetteville-ar.gov or Tim Nyander, Utilities Director at tnyander(o)fayetteville-ar.gov.
With kinde regards,
A��
Tim Nyander
Utilities Director
TN/hj
Enc
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
One Twelve, LLC and Potts Family, LLC
Tract No. 54
West Transmission Main
Parcel No. 830-38032-000
Tract No. 54
CORRECTION WATER/SEWER EASEMENT
(This Easement filed to correction the second easement legal description of
easement document Filed 12/21/2022 as Document 2022-00049645)
BE IT KNOWN BY THESE PRESENTS:
THAT, One Twelve, LLC, a Limited Liability Company and Potts
Family, LLC, a Limited Liability Company, 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, 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 to construct, lay, remove, relay, inspect, enlarge
and/or operate a water and/or sanitary sewer pipe line or lines, manholes, grantee
owned fiber optic equipment and appurtenances thereto, grantee on, over, across,
and under the following described land situated in the County of Washington, State
of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Ref. 2005-17207)
A part of the South Half (S'/z) of the Northeast Quarter (NE'/4) of the Southeast Quarter (SE'/4 of Section 36,
Township 18 North, Range 31 West Washington County, Arkansas, and being more particularly described as
follows, to -wit: Beginning at the Northeast corner of the S'/2, NE'/4, SE'/4 of said Section 36; thence S00°59'35"E
661.21 feet along an existing fence line; thence N89049'10"W 817.14 feet along an existing fence line; thence
N05°27'28"W 176.39 feet; thence N84°32'32"E 200 feet; thence N05°27'28"W 200 feet; thence S84°32'32"W
72.60 feet; thence N58°31'E 51.00 feet; thence N71 °04'E 81.98 feet; thence N75°33'E 372.55 feet; thence
N21 001'W 30.20 feet along the Westerly right of way line of Arkansas Highway No. 112; thence S75°33'W 370.27
feet; thence S71°04'W 76.46 feet; thence S58°32'W 114.64 feet; thence S84°32'32"W 59.02 feet; thence
N05°27'28"W 141.11 feet; thence N24°48'16"E 153.70 feet along an iron corral type fence; thence N89°51'50"E
790.61 feet along an existing fence line to the point of beginning, subject to the right of way of Arkansas Highway
No. 112; with Highway right of way containing approximately 0.90 acres. Less and except Tract A as described in
document #2005-18745: A part of the South Half (S-'/2) of the Northeast Quarter (NE-1/4) of the Southeast Quarter
(SE-1/4) of Section 36, T-18-N, R-31-W, Washington County, Arkansas, and being more particularly described as
follows, to -wit: Beginning at the NE corner of the S-'/2 of the NE-1/4 of the SE-1/4 of said Section 36; thence
S00°06'00"W 639.42 feet; thence 1\11710'24"W 225.93 feet; thence N17°49'20"W 193.59 feet; thence
N19058'11"W 258.39 feet; thence S89°02'36"E 215.35 feet to the POINT OF BEGINNING, containing 1.52 acres,
more or less, and subject to a permanent road easement as described in Land Document No. 2004-45990, land
records of Washington County, Arkansas, and subject to any additional easements and/or rights of way of record,
if any.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of Section 36, Township 18 North,
Range 31 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the SE Corner of the NE1/4 of the SE1/4 of said Section 36; thence along the South line of said NE1/4 of the
SE1/4 North 87002'25" West, 614.14 feet to the POINT OF BEGINNING (P.O.B.) of Permanent Easement #1
(P.O.B. P.E. #1); thence continuing along the South line of said NE1/4 of the SE1/4 and the Grantor's South
property line North 87002'25" West, 50.05 feet; thence leaving the South line of said NE1/4 of the SE1/4 and the
Grantor's South property line North 110 37' 24" East 199.45 feet; thence North 020 40' 43" West 200.00 feet;
thence North 01 ° 10' 53" East 29.33 feet to the Grantor's North property line; thence along the Grantor's North
property line North 730 50' 45" East 52.38 feet; thence leaving the Grantor's North property line South 010 10'
53" West 43.25 feet; thence South 020 40' 43" East 202.49 feet; thence South 11 ° 37' 24" West 200.22 feet to
the POINT OF BEGINNING (P.O.B. P.E. #1) containing 21,765 square feet, or 0.50 acres.
ALSO,
Part of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of Section 36, Township 18 North,
Range 31 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the SE Corner of the NE1/4 of the SE1/4 of said Section 36; thence along the South line of said NE1/4 of the
SE1/4 North 87002'25" West, 664.19 feet; thence leaving said South line North 110 37' 24" East 199.45 feet;
thence North 02' 40' 43" West 200.00 feet; thence North 01 ° 10' 53" East 60.76 feet to the Grantor's South
property line, and to the POINT OF BEGINNING (P.O.B.) of Permanent Easement #2 (P.O.B. P.E. #2); thence
leaving said South property line North 010 10' 53" East 19.83 feet; thence North 130 58' 19" East 184.80 feet to
the Grantor's North property line; thence along said North property line, South 87° 30' 07" East 50.86 feet;
thence leaving said North property line, South 130 58' 19" West 188.61 feet to the Grantor's South property line;
thence along said South property line for the following two courses: South 780 19' 45" West 7.98 feet; South 730
50' 45" West 44.23 feet to the POINT OF BEGINNING (P.O.B. P.E. #2), containing 9,787 square feet, or 0.22
acres.
WATER/SEWER EASEMENT
Page 2
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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 on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the
One Twelve, LLC
day of
By: By:
James E. Potts, Member
ACKNOWLEDGMENT
STATE OFARKANSAS )
1 ss.
COUNTY OF WASHINGTON
2023.
Potts Family, LLC
James Darrell Potts, Managing Member
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 James E. Potts, to me well known as the person who executed the foregoing document,
and who stated and acknowledged that he was the Member, of One Twelve, LLC, a Limited Liability Company and is duly authorized
in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and
acknowledged that he 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 day of
2023.
MY COMMISSION EXPIRES:
Notary Public
WATER/SEWER EASEMENT
Page 3
ACKNOWLEDGMENT
STATE OFARKANSAS
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 James Darrell Potts, to me well known as the persons who executed the foregoing
document, and who stated and acknowledged that he was the Managing Member of Potts Family, LLC, a Limited Liability Company
and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further
stated and acknowledged that he 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 day of 2023.
MY COMMISSION EXPIRES:
Notary Public
/Scale: 1 "=150'
Basis of Bearings:
/ Arkansas State Plane
/ Coordinate System
(North Zone)
50' PE -
N13' 58' 19"E - 184.80'-
S73' 50' 45"W - 44.23'
N01' 10' 53"E - 19.83'�
PE #2
N01' 10' 53"E - 31.43,
I�
N01' 10' 53"E - 29.33'
I
I
NO2' 40' 43"W - 200.00"
N11' 37' 24"E - 199.45'-
50 PE -
Land line
PERMANENT EASEMENT MAP
TRACT MAP NO. 54 PE - 31,552 SQ. FT. 0.72 AC.)
EXHIBIT "A" TCE - 0 SQ. FT. (0 AC.)
x
I a I 57
a o a
S87' 30' 07"E - 50.86'
W
S13' 58' 19"W - 188.61' aW a .
S78' 19' 45"W - 7.98'lip
�p'W R Ay�' • „/
'10 i
50' 45"E - 52.38'
S01' 10' 53"W - 43.25' NE -SE
36-18-31
-S02' 40' 43"E - 202.49'
TRACT
54 4
830-38032-000
2005-17207
ONE TWELVE, LLC & P
& POTTS FAMILY, LLC
1' 37' 24"W - 200.22'
N87' 02' 25"W - 50.05' N87' 02' 25"W - 614.14'
POB
r
PE #1 SE CORNER
a a w N EII/4, SE1 /4 d
Lo
a SE —SE SECTION 36
36-18-31 R-31—W
i
L E G E N D
I Permanent Easement
IProperty Line
— -R/4F- — Street Right -of -Way
W1 /2-SW1 /4
31-18-30
0 Temporary Construction Easement
• Corner of Permanent Easement
Existing Utility Easement Line
830-38032-000 — Tax Parcel Number PE — Permanent Easement
2005-17207 — Deed Record TCE — Temporary Construction Easement
Project Name : West Transmission Main Route
CITYOF Drawn by : McClelland Consulting Engineers Property Owner
FA YE TTEVILLTs Date: March 2023 Scale : 1" = 150' ONE TWELVE, LLC &
POTTS FAMILY, LLC
Project No. 112184 1 Tract No. 54
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: 9.80E acres located west of the intersection of Har-Ber Avenue and North Maestri
Road, Tontitown, AR; Washington County
Client: McClelland Consulting Engineers
Fee Owner: One Twelve, LLC & Potts Family, LLC
Mailing Address: 4915 S Thompson, Springdale, AR 72764
Area Of The Whole: 9.80E ACS Permanent Utility Easement 0.72E AC
Area Of Remainder: 9.80E ACS Temporary Construction Easement NA
Area Of Acquisition: NA
HIGHEST AND BEST USE:
Whole Property Future Commercial Development
Remainder Property Future Commercial Development
ACQUISITION COMPENSATION:
Before
Land: 9.80E ACS
$
931,000
Improvements: Not Appraised
$
0
Total:
$
931,000
After
Land: 9.80E ACS
$
862,600
Improvements: Not Appraised
$
Total
$
862,600
Total Compensation as of: April 25, 2022
$
68,400
ALLOCATION OF COMPENSATION
Land: N/A
$
0
Permanent Easement: 0.72E AC
$
68,400
Temporary Construction Easement: N/A
$
0
Improvements: N/A
$
0
Damages: Land
$
0
Cost to Cure Items: N/A
$
0
Total Compensation:
$
68,400
Sincerely,
Blake Hopper, RA4720
.� APPRgj �a,IF��,;�
REED & ASSOCIATES' INC.
:�'!��•' •�o',
RREDEG,SE�CE o
__ �; pPP04120
•
Date of Report: May 5' 2022
�' '' ••• '�'
"",,AAKEN��;�``��•
Shannon Reed Mueller, CG2362
REED & ASSOCIATES, INC._a;
Ge��\O\ L
G?.
SyANN014t .
7
►i
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
One Twelve LLC
Potts Family LLC
4915 S Thompson
Springdale, AR 72764
RE: West Transmission Main Line
Parcel No. 830-38032-000
Tract 54
Offer to purchase easement
Dear Mr. Potts:
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water
District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains
constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to
Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every
necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to
authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -
of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these
projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial.
There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $200.00 for this vital water line easement across your
property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to
drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the executlon of the documents if you will advise our office accordingly. Payment will be requested upon recelpt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identification Number (Corporation), so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the
associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hiones�dJavetteville-ar gov) or Brandi
Samuels (479) 444-3421 (bsamuelsCdfavetteville-ar.gov). For questions or concerns, please contact Corey Granderson,
Utilities Engineer at cciranderson(a)favetteville-ar.gov or Tim Nyander, Utilities Director at tnvanderLdufayetteville-ar.gov.
With in est r gards,
41*�
Tim Nyander
Utilities Director
TN/hi Enc
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Elmdale Lake LLC
Tract No. 59
West Transmission Main
Parcel No. 815-33682-900
Tract No. 59
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT, Elmdale Lake LLC, an Arkansas limited liability company,
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, 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 to construct,
lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer
pipe line or lines, manholes, grantee owned fiber optic equipment and
appurtenances thereto, grantee on, over, across, and under the following
described land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Warranty Deed: 2021-28133)
The West Half (W'/z) of the Northwest Quarter (NW'/4) and the Northeast Quarter (NE'/4) of the Northwest
Quarter (NW'/4) of Section Thirty -One (31), Township Eighteen (18) North, Range Thirty (30) West, LESS AND
EXCEPT the following two tracts of land sold to the Arkansas Game and Fish Commission, which are described
as follows: Beginning at the Northeast corner of the Northwest Quarter (NW'/4) of Section Thirty -One (31),
Township Eighteen (18) North, Range Thirty (30) West, and running thence South 915 feet; thence South 64
degrees West 102 feet; thence North 201 feet; thence North 41 degrees West 1,002 feet; thence East to the
place of beginning, containing 6.83 acres, more or less. AND Commencing at the Northeast corner of the
Northwest Quarter (NW'/4) of Section Thirty -One (31), Township Eighteen (18) North, Range Thirty (18) West,
thence North 88 degrees 45 minutes 55 seconds West for a distance of 790.01 feet along the North line of said
Section Thirty -One (31) to the Northwest corner of the Arkansas Game & Fish Commission's property lying in
the Northeast Quarter (NE'/) of the Northwest Quarter (NW'/) of Section Thirty -One (31), said point being the
point of beginning; thence South 23 degrees 51 minutes 13 seconds East for a distance of 333.11 feet to a
point; thence South 48 degrees 53 minutes 05 seconds East for a distance of 715.90 feet to a corner of the said
Arkansas Game & Fish Commission property in said Section Thirty -One (31); thence North 41 degrees 00
minutes 00 seconds West for a distance of 1027.44 feet along the West line of the said Arkansas Game & Fish
Commission's property to the point of beginning, containing 1.16 acres, more or less.
Subject to easements, right of way, and protective covenants of record, if any.
Subject to all prior mineral reservations and oil and gas leases, if any.
PERMANENT EASEMENT DESCRIPTION:
Part of the West -Half (W1/2) of the Northwest Quarter (NW1/4) of Section 31, Township 18 North, Range 30
West, Washington County, Arkansas, being more particularly described as follows: Beginning at the NW Corner
of the W1/2 of the NW1/4 of said Section 31; thence along the North line of said W1/2 of the NW1/4 and along
the Grantor's North property line South 86°59'34" East, a distance of 20.00 feet; thence leaving the North line of
said W1/2 of the NW1/4 and the Grantor's North property line South 03007'48" West, 2,596.68 feet to the
Northerly right-of-way line of Gibbs Street and the Grantor's South property line; thence along said Northerly
right-of-way line South 89°06'26" West, 2.74 feet; thence continuing along said right-of-way line
South 77051'27" West, 17.90 feet; thence leaving said North right-of-way line and along the Grantor's West
property line North 03°07'48" East, 1,297.54 feet to the SE Corner of the NE1/4 of the NE1/4 of Section 36,
Township 18 North, Range 31 West; thence continuing along the Grantor's West property line
North 03007'48" East, 1,304.01 feet to the POINT OF BEGINNING (P.O.B.), containing 51,977 square feet, 1.19
acres.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
A 30' by 50' temporary construction easement (TCE) across the said parcel as shown on the attached Exhibit
"A" Map.
A sketch of this grant is attached as 'Exhibit "A"' and is to be considered as part of this Easement Document. It
is understood that this sketch is descriptive only of the size, shape, and location of the utility easement and does
not constitute a plat or survey of the Grantor(s) property.
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.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
WATER/SEWER EASEMENT
Page 2
It is expressly understood that the above temporary construction and grading easement shall exclude any
permanent structure presently located within said temporary construction and grading easement area.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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 on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of 2023.
Elmdale Lake LLC,
an Arkansas limited liability company
George's Inc., an Arkansas corporation
Managing Member
By:
Carl E. George, Co-C.E.O.
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 Carl E. George, to me well known as the person who executed
the foregoing document, and who stated and acknowledged that he was the Co -CEO of George's Inc., Managing
Member of Elmdale Lake LLC, an Arkansas limited liability company and is duly authorized in his capacity to execute
the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he
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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
Basis of Bearings:
Arkansas State Plane
Coordinate System
(North Zone)
Scale: 1 "=400'
\ S SE, 25-18-31
ection line
\ Land line r
NW CORNET
W1 /2, N W1
ECT10N 3
—18—N,
1 30—W
I I N —NE
I 136 18-31
�I
III
and
d
PR-31-W
J
SE —NE
36-18-31
UTILITY EASEMENT MAP
TRACT MAP NO. 59
EXHIBIT "A"
S86' 59' 34"E — 20.00'
SW CORNER
SE1 /4, NE1 /4
SECTION 36 T-18-NS77' 51'
,
R-31-W
NE -SE, 36-18-31
36
I
w
00
t
0
CD
_N1
rn
23 N
� I
N
3
00
SE CORNER
NE1/4, NE1/4
SECTION 36 CID
T-1 8-N,r� �N
R-3131-W
N�M
I
It
w�
00
o fi
— 17.90'
GIBBSVST
FFPE —
TCE —
SW -SW, 30-18-30
Section
51,977 SQ. FT. (1.19 AC.)
1,532 SQ. FT. (0.035 AC.)
W1 /2— N W1 /4
31-18-30
TRACT
S
815-33682-900
2021-28133
ELMDALE LAKE LLC.
W1 /2— N W1 /4
20' PE 31-18-30
L E G E N D
1' 06' 26"W — 2.74'
50' TCE
EXIST. 15' U.E. ( 1243-284 )
TONTITOWN & SPRINGDALE
Land line
W1/2-SW1/4, 31-1
line
NE CORNER
W1 /2, N W1 /4
SECTION 31
T-18-N,
R-30-W
SE CORNER
W1 /2, N W1 /4
SECTION 31
T-18-N,
R-30-W
0 Permanent Easement 0 Temporary Construction Easement
Property Line • Corner of Permanent Easement
Street Right —of —Way Existing Utility Easement Line
815-33682-900 — Tax Parcel Number PE — Permanent Easement
2021-28133 — Deed Record TCE — Temporary Construction Easement
Property Owner : ELMDALE LAKE LLC.
CITYOF Drawn by : McClelland Consulting Engineers Project Name
FAYIs'TTEVILLE Date: Nov. 2022 Scale : 1" = 400' West Transmission
Project No. 112184 Tract No. 59 Main Route
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: 8632 & 8674 W. Gibbs Road, Springdale, AR
Client: McClelland Consulting Engineers
Fee Owner: Elmdale Lake, LLC
Mailing Address: 402 W. Robinson Avenue, Springdale, AR 72764
Area Of The Whole: 90.49f ACS
Area Of Remainder: 90.49f ACS Permanent Easement 1.19f ACS
Area Of Acquisition: N/A Temporary Construction Easement: 0.035f AC
HIGHEST AND BEST USE:
Whole Property Residential Development/Subdivision
Remainder Property Residential Development/Subdivision
ACQUISITION COMPENSATION:
Before
Land: 90.491 ACS $ 3,947,250
Improvements: Not Applicable $
Total: $ 3,947,250
After
Land: 90.49f ACS $ 3,907,850
Improvements: Not Applicable $ 0
Total $ 3,907,850
FAIR MARKET VALUE OF ACQUISITION $ 39,400
Plus: TCE $ 150
Total Compensation as of. December 6, 2022 $ 39,550
ALLOCATION OF COMPENSATION
Land: Not Applicable $ 0
Permanent Easement: 1.19f Acres (Rounded) $ 36,400
Temporary Construction Easement: 0.035f AC @ Rental Value $ 150
Improvements: Not Applicable $ 0
Damages: Not Applicable $ 0
Cost to Cure Items: Preliminary Plat Plans $ 3,000
Total Compensation: $ 39,550
Please see the Extraordinary Assumptions and Hypothetical Condition previously presented.
8TAiE '
CMFIED
- 6ENEM
" CQSM2
'�"'A�!nf'Bi►wi�°.`
Katie Reed Hampton, CG3642
Reed & Associates, Inc.
7
%F
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Elmdale Lake, LLC
c/o Carl George
George's Inc.
402 W Robinson Ave
Springdale, AR 72764
RE West Transmission Main Line
Parcel No. 815-33682-900 (Gibbs Road)
Tract 59
Offer to purchase easement
Dear Mr. George:
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new
outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly
available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington,
from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for
every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023
to authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street
rights -of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for
these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a
trial. There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $77,660.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
I will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and
acquisitions and I can request easement staking or bring a team from our contracted engineering firm to help answer
additional questions you may have. Please contact me at (479) 444-3414 (hjones(c?fayetteville-ar.gov) or Brandi Samuels
(479) 444-3421(bsamuels(@favetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities
Engineer at cgranderson(Vayetteville-ar.gov or Tim Nyander, Utilities Director at tnyanderafayetteville-ar.gov.
Wit ind st regards,
Ti ander
Utilities Director
TN/hj
ENC
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Phillip D. Hays
Tract No. 60
West Transmission Main
Parcel No. 750-00608-000 & 750-00769-000 & 815-33679-600
Tract No. 60
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Phillip D. Hays, a single person, 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, 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 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: Quitclaim Deed: 2012-6776
A part of the Southwest Quarter (SW1/4) of Section Thirty (30), Township Eighteen (18) North, Range Thirty
(30) West, a Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section Thirty-one
(31), Township Eighteen (18) North, Range Thirty (30) West, a part of the Northeast (NE1/4) Quarter of the
Northeast Quarter (NE1/4) of Section Thirty-six (36), Township Eighteen North Range Thirty -One (31) West,
and a part of the Southeast Quarter of the Section Twenty-five (25), Township Eighteen (18) North, Range
Thirty-one (31) West, described as beginning at the Southwest corner of said Section Thirty (30), Township
Eighteen (18) North, Range Thirty (30) West, thence North 87014'34" West 610.63 feet along the fence to an
existing iron pin; thence North 01 °32'47" East 201.48 feet; thence North 25°05'55" East 174.24 feet; thence
North 17°44'55" East 180.84 feet; thence North 26°46'55" East 124.08 feet; thence North 83°27'48" West 42.55
feet; thence North 08022'51" East 287.61 feet; thence North 15017'48" West 315.22 feet; thence South
89°36'33" East 104.12 feet; thence North 36°32'59" West 215.09 feet; thence North 18'20'17" West 273.25 feet;
thence North 00'18'36" East 311.20 feet to the centerline of the County Road thence along said centerline North
83007'29" East 140.85 feet; North 80034'39" East 405.73 feet; South 67052'14" East 411.51 feet; thence leaving
said centerline South 9°58'16" West 707.50 feet; thence South 1°03'54" West 120.0 feet; thence South
80°37'06" East 662.71 feet; thence South 1 o03'54"West 1022.47 feet to the fence line; thence along said fence
line, North 89013'05" West 820.16 feet, per Owner's Agreement, to the point of beginning, containing 50.0 acres,
more or less, Washington County, Arkansas.
PERMANENT EASEMENT DESCRIPTION:
Part of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4), and part of the Northeast Quarter (NE
1/4) of the Southeast Quarter (SE 1/4) of Section 25, Township 18 North, Range 31 West, and part of the
Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4), and part of the Southwest Quarter (SW 1/4) of
the Southwest Quarter (SW 1/4) of Section 30, Township 18 North, Range 30 West, and part of the Northeast
Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 36, Township 18 North, Range 31 West, all in
Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast
corner of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 36, Township 18 North,
Range 31 West; thence along the East line of said NE 1/4 of the NE 1/4, S 02°55'50" W 23.89 feet to the
Grantor's south line, and to the Point of Beginning (POB ESMT); thence leaving said east line, N 85°03'27" W
476.67 feet along the Grantor's south line; thence leaving said south line, N 00°00'00" E 264.66 feet; thence
N 22°06'26" E 732.29 feet; thence N 20°26'25" W 357.50 feet; thence N 40o44'14" E 609.16 feet; thence
N 46°44'07" E 191.89 feet; thence N 24°57'02" E 55.38 feet to the south Right -of -Way (ROW) of Lake Road;
thence along said south ROW, S 65002'58" E 50.00 feet; thence leaving said south ROW, S 24°57'02" W 65.00
feet; thence S 46°44'07" W 198.90 feet; thence S 40o44'14" W 576.98 feet; thence S 20o26'25" E 347.41 feet;
thence S 22°06'26" W 741.99 feet; thence S 00°00'00" E 209.03 feet; thence S 85°03'27" E 449.23 feet; thence
S 03007'48" W 49.35 feet; thence N 86°59'34" W 20.00 feet; to the Point of Beginning (POB ESMT), containing
132,396 sq. ft., or 3.04 acres.
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 shall 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.
WATER/SEWER EASEMENT
Page 2
The Grantor agrees not to erect any buildings or structures in said permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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 on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of 12023.
Phillip D. Hays
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF
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 Phillip D. Hays, a single person, to me well known as the
person who executed the foregoing document, and who stated and acknowledged that he 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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
West Transmission Main
Parcel No. 750-00608-000 & 750-00769-000 & 815-33679-600
Tract No. 60
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Phillip D. Hays, a single person, hereinafter called GRANTORS, 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 the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called GRANTEE, and unto Grantee's successors and
assigns, a temporary construction and grading easement on, over, and through the
following described land situated in the County of Washington, State of Arkansas,
for the sole purposes necessary for construction of West Transmission Main to -wit:
PROPERTY DESCRIPTION: Quitclaim Deed: 2012-6776
A part of the Southwest Quarter (SW1/4) of Section Thirty (30), Township Eighteen (18) North, Range Thirty (30)
West, a Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section Thirty-one (31),
Township Eighteen (18) North, Range Thirty (30) West, a part of the Northeast (NE1/4) Quarter of the Northeast
Quarter (NE1/4) of Section Thirty-six (36), Township Eighteen North Range Thirty -One (31) West, and a part of the
Southeast Quarter of the Section Twenty-five (25), Township Eighteen (18) North, Range Thirty-one (31) West,
described as beginning at the Southwest corner of said Section Thirty (30), Township Eighteen (18) North, Range
Thirty (30) West, thence North 87°14'34" West 610.63 feet along the fence to an existing iron pin; thence North
01 °32'47" East 201.48 feet; thence North 25°05'55" East 174.24 feet; thence North 17°44'55" East 180.84 feet;
thence North 26046'55" East 124.08 feet; thence North 83027'48" West 42.55 feet; thence North 08022'51" East
287.61 feet; thence North 15°17'48" West 315.22 feet; thence South 89°36'33" East 104.12 feet; thence North
36°32'59" West 215.09 feet; thence North 18°20'17" West 273.25 feet; thence North 00'18'36" East 311.20 feet to
the centerline of the County Road thence along said centerline North 83007'29" East 140.85 feet; North 80034'39"
East 405.73 feet; South 67°52'14" East 411.51 feet; thence leaving said centerline South 9°58'16" West 707.50 feet;
thence South 1 °03'54" West 120.0 feet; thence South 80o37'06" East 662.71 feet; thence South 1 °03'54"West
1022.47 feet to the fence line; thence along said fence line, North 89013'05" West 820.16 feet, per Owner's
Agreement, to the point of beginning, containing 50.0 acres, more or less, Washington County, Arkansas.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
TEMPORARY CONSTRUCTION EASEMENT A
Part of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 25, Township 18 North, Range
31 West, and part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 30, Township 18
North, Range 30 West, all in Washington County, Arkansas, being more particularly described as follows:
Commencing at the Northeast corner of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section
36, Township 18 North, Range 31 West; thence along the East line of said NE 1/4 of the NE 1/4, S 02°55'50" W
23.89 feet to the Grantor's south line; thence leaving said east line, S 86°59'34" E 20.00 feet along the Grantor's
south line to the Point of Beginning (POB TCE A); thence leaving said south line, N 03007'48" E 49.35 feet; thence
N 85°03'27" W 75.41 feet; thence N 03°00'26" E 68.10 feet; thence S 86°59'34" E 150.00 feet; thence S 03°00'26" W
120.00 feet to the south line of the SW 1/4 of the SW 1/4 of said Section 30; thence along said south line,
N 86059'34" W 74.74 feet; to the Point of Beginning (POB TCE A), containing 14,188 sq. ft., or 0.33 acres.
TEMPORARY CONSTRUCTION EASEMENT B
Part of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 25, Township 18 North, Range
31 West, and part of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 36, Township 18
North, Range 31 West, all in Washington County, Arkansas, being more particularly described as follows:
Commencing at the Northeast corner of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section
36, Township 18 North, Range 31 West; thence along the East line of said NE 1/4 of the NE 1/4, S 02°55'50" W
23.89 feet to the Grantor's south line: thence leaving said east line, N 85°03'27" W 476.67 feet along the Grantor's
south line to the Point of Beginning (POB TCE B); thence continuing along said south line, N 85°03'27" W 50.19 feet;
thence leaving said south line, N 00°00'00" E 260.34 feet; thence N 90000'00" E 50.00 feet; thence S 00000'00" E
264.66 feet; to the Point of Beginning (POB TCE B), containing 13,125 sq. ft., or 0.3 acres.
TEMPORARY CONSTRUCTION EASEMENT C
Part of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 25, Township 18 North, Range
31 West, in Washington County, Arkansas, being more particularly described as follows: Commencing at the
Northeast corner of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 36, Township 18
North, Range 31 West; thence along the East line of said NE 1/4 of the NE 1/4, S 02055'50" W 23.89 feet to the
Grantor's south line; thence leaving said east line, S 86°59'34" E 20.00 feet along the Grantor's south line; thence
leaving said south line, N 03oO7'48" E 49.35 feet; thence N 85°03'27" W 449.23 feet; thence N 00°00'00" W 209.03
TCE
Page 2
feet; thence N 22006'26" E 741.99 feet to the Point of Beginning (POB TCE C); thence N 20026'25" W 347.41 feet;
thence N 40o44'14" E 57.07 feet; thence S 20°26'25" E 374.92 feet; thence S 69°33'35" W 50.00 feet; to the Point of
Beginning (POB TCE C), containing 18,058 sq. ft., or 0.41 acres.
TEMPORARY CONSTRUCTION EASEMENT D
Part of the Northwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 30, Township 18 North, Range
30 West in Washington County, Arkansas, being more particularly described as follows: Commencing at the
Northeast corner of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 36, Township 18
North, Range 31 West; thence along the East line of said NE 1/4 of the NE 1/4, S 02o55'50" W 23.89 feet to the
Grantor's south line; thence leaving said east line, S 86°59'34" E 20.00 feet along the Grantor's south line; thence
leaving said south line, N 03oO7'48" E 49.35 feet; thence N 85°03'27" W 449.23 feet; thence N 00°00'00" W 209.03
feet; thence N 22°06'26" E 741.99; thence N 20o26'25" W 347.41 feet; thence N 40'44'14" E 576.98 feet; thence N
46044'07" E 107.36 feet to the Point of Beginning (POB TCE D); thence N 46°44'07" E 91.54 feet; thence
N 24°57'02" E 65.00 feet to the south Right -of -Way (ROW) of Lake Road; thence along said south ROW,
S 65°02'58" E 107.62 feet; thence leaving said south ROW, S 12'11'36" W 153.80 feet; thence N 65°02'58" W
175.56 feet; to the Point of Beginning (POB), containing 20,134 sq. ft., or 0.46 acres.
Togetherwith the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of
the rights herein granted.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any permanent
structure(s) which may be located or under construction within said temporary construction easement area during the construction
of this project.
TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, togetherwith free ingress to
and egress from the real estate first herein above described for the uses and purposes herein above set forth.
The consideration first above recited as being paid to the 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 easement on behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of 12023.
Phillip D. Hays
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Publicwithin
and for said County and State, personally appeared Phillip D. Hays, a single person, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he 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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
o \
° 0 100 20
O
SCALE 1" = 200'
\ 57.07'
2\ rtNN HAYS, PHILLIP D
PN. 750-00769-000
6 �\� .. DEED 2018-06922
\ 6,
m
I \ - - `�? TCE 60C
S'\\ \ \ 18058 SQ. FT.
0.41 AC.
O � \
SWl/4, SWY4
>\ \ / \ S69° 33' 35"W-50.00' SECTION 30T18N-R30W
/\ POB TCE C I
SE1/4r SE1/4 �/\\ ESMT 60
SECTION 25 \ 132396 SQ. FT.
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HAYS, PHILLIP D
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° \ o DEED 2018-06922
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0.30 AC. z O \ \ -_
z 7s.4r
\ \ \ \ 'S85° 03' 27"E-449.23' ��—S030 00' 26"W-120.00'
N850 03' 27"W-50.19' N850 03' 27"W-476 67' ~ S030 07' 48"W-49.35'
NE%4r NE%4 POB TCE B ---------- —
SECTION 36 HAYS, PHILLIP D NE CORNER I N860 59' 34"W-74.74'
POB TCE A \
T18N-R31W PN. 815-33679-600 NE%4, NE%4 N86° 59' 34"W-20.00'
DEED 2012-06776 SECTION 36
— T18N-R31W I S020 55' 50"w-23.89'
POB ESMT
LEGEND
750-00769-000 TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY
2018-06922 DEED RECORD iPROPOSED PERMANENT EASEMENT
EXISTING PROPERTY LINE J PROPOSED TEMP. CONST. EASEMENT
C,E- -_
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
Tw MANAGER ERAWJMT N McCLELLAND
GATE: REVISION: WEST TRANSMISSION MAIN Hiff
CONSULTING
SSE: 2023 z EXHIBIT "A" FAYETTEVILLE� AR —ENGINEERS, INC.
SCALE: PRO]. NUMBER'.
AS NOTED 11-2184 MAP TRACT 60 1580 E. STEARNS ST.
HAYS, PHILLIP D FAYETTEVILLE, AR 72703
EX i 1 (479) 443-2377
HT P://WWW.MCE.US.COM
1
S E1/4, S E1/4
SECTION 25
T18N-R31W
N240 57' 02"E-55.38'----
OA
0
o
NEY4, SEY4
SECTION 25
T18N-R31W
1" = 200'
'-cS650 02' 58"E-50.00'I
S240 57' 02"W-65.00'
tS65° 02' 58"E-107.62'
�G�y.�b............ TCE60D
20134 SQ. FT.
0.46AC.
DNS
S120 11' 36"W-153.80'
�NW 02' 58"W-175.56'
POB TCE D
1
NW%4, SW%4
SECTION 30
T18N-R30W
2\\ \ N Ra HAYS, PHILLIP D
o \� o ::\O° PN. 750-00769-000
DEED 2018-06922
TCE 60C
�S\ \ 18058 SQ. Fr.
Q � �� 0.41 AC.
\ S690 33' 35"W-50.00'
\ POB TCE C I
�\ ESMT 60
\ 132396 SQ. FT.
�\ 3.04 AC.
V,/ \ o>
LEGEND
SW1/4, SWX
SECTION 30
T18N-R30W
750-00769-000 TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY
2018-06922 DEED RECORD ►�������� PROPOSED PERMANENT EASEMENT
EXISTING PROPERTY LINE PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
t�:AS
JMT MCCLELLAND
-ATE:E
REVISION: WEST TRANSMISSION MAIN CONSULTING
2 EXHIBIT "A"FAYETTEVILLE AR ENGINEERS, INC.PROD. NUMBER: M /� PTRACT 60 ' 1580 E. STEARNS ST.
11-2184 /'1
HAYS, PHILLIP DFAYETTEVILLE, AR 72703
F u _ (479) 443-2377
2\\ \ N Ra HAYS, PHILLIP D
o \� o ::\O° PN. 750-00769-000
DEED 2018-06922
TCE 60C
�S\ \ 18058 SQ. Fr.
Q � �� 0.41 AC.
\ S690 33' 35"W-50.00'
\ POB TCE C I
�\ ESMT 60
\ 132396 SQ. FT.
�\ 3.04 AC.
V,/ \ o>
LEGEND
SW1/4, SWX
SECTION 30
T18N-R30W
750-00769-000 TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY
2018-06922 DEED RECORD ►�������� PROPOSED PERMANENT EASEMENT
EXISTING PROPERTY LINE PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
t�:AS
JMT MCCLELLAND
-ATE:E
REVISION: WEST TRANSMISSION MAIN CONSULTING
2 EXHIBIT "A"FAYETTEVILLE AR ENGINEERS, INC.PROD. NUMBER: M /� PTRACT 60 ' 1580 E. STEARNS ST.
11-2184 /'1
HAYS, PHILLIP DFAYETTEVILLE, AR 72703
F u _ (479) 443-2377
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location:
547 E. Lake Road, Springdale, AR 72762 (Elm Springs City Limits)
Client:
McClelland Consulting Engineers
Fee Owner:
Phillip D. Hays
Mailing Address:
547 E. Lake Road, Springdale, AR 72762
Area Of The Whole:
49.25f ACS Permanent Easement
3.04f ACS
Area Of Remainder:
49.25f ACS Temporary Construction
TCE A
— 14,188f SF or 0.33f AC
Easements
TCE B
— 13,125± SF or 0.30f AC
TCE C
— 18,0581 SF or 0.41f AC
TCE D
— 20,134f SF or 0.46f AC
Total
— 65,505f SF or 1.50f ACS
Area Of Acquisition: NA
HIGHEST AND BEST USE:
Whole Property Mixed -Use Development
Remainder Property Mixed -Use Development
ACQUISITION COMPENSATION:
Before
Land: 49.25f ACS
$
2,216,250
Improvements: Not Appraised
$
Total:
$
2,216,250
After
Land: 49.25f ACS
$
2,085,050
Improvements: Not Appraised
$
Total
$
2,085,050
Subtotal
131,200
Plus: TCE's
$
6,350
Total Compensation as of: September 18, 2023
$
137,550
ALLOCATION OF COMPENSATION
Land: N/A
$
0
Permanent Easement: 3.04f ACS
$
131,200
Temporary Construction Easements: 1.50f ACS @ Rental Value
$
6,350
Improvements: Not Applicable
$
Damages: Not Applicable
$
Cost to Cure Items: Not Applicable
$
Total Compensation:
$
137,550
`
STATE ~a _
CERTIFIED y
Katie Reed Hampton, CG3642 = ' GENEIM •�
REED & ASSOCIATES, INC.
Date of Report: September 20, 2023
►i
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Phillip D. Hays
547 E Lake Rd
Springdale, AR 72762
RE: West Transmission Main Line
Parcel No. 750-00769-000, 750-00608-000
815-33679-600 Tract 60
Offer to purchase easement
Dear Dr. Hays:
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new
outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly
available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington,
from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for
every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023
to authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street
rights -of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for
these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a
trial. There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $137,550.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. (Summary sheet included)
The water/sewer easement document we enclosed should be executed by all parties with current ownership interest in the
particular property. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be
pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be
requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and
mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a
Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 is provided for
this purpose.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated
easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hiones _fayetteville-ar.gov) or Brandi Samuels
(479) 444-3421 (bsamuels a(-fayetteville-ar.-gov). For questions or concerns, please contact Corey Granderson, Utilities
Engineer at cgrandersonO-fayetteville-ar.gov or Tim Nyander, Utilities Director at tnyanderafayetteville-ar.gov.
With kind t regards,
Tim*yandee(r�
Utilities Director
TN/hj
Enc
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Cynthia Donohew, Danny George Hurlbut,
Melissa Pruitt &Jeffrey Hurlbut
Tract No. 62
West Transmission Main
Parcel No. 750-00584-000
Tract No. 62
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT, Cynthia Donohew, Danny George Hurlbut, Melissa Pruitt &
Jeffrey Hurlbut, 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, 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 to
construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or
sanitary sewer pipe line or lines, manholes, grantee owned fiber optic equipment
and appurtenances thereto, grantee on, over, across, and under the following
described land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: Warranty Deed: 2018-18981
Tract F
A part of the Fractional West Half (Frl. W1/2) of the Northwest Quarter (NW1/4) of Section Thirty (30), Township
Eighteen (18) North, Range Thirty (30) West, being more particularly described as follows: Commencing at the
Southwest corner of said Fractional West Half (Frl. W1/2) of the Northwest Quarter (NW1/4), said point being a
set'/2" iron rebar; thence N00001'15"W 18.66 feet to a set'/2" iron rebar in an existing East-West fence line for
the true point of beginning; thence S89°21'37"E 428.29 along and in line with an existing fence line to a set'/2"
iron rebar in an existing fence line which runs in a Northeast -Southwest direction; thence N19°04'20"E 29.83
feet along said fence to an existing fence corner post; thence S89°13'24"E 56.88 feet along said fence to a set
'/2" iron rebar; thence N00°10'09"W 535.27 feet to a'/2" iron rebar, thence N89°34'00"W 494.95 feet to a set'h"
iron rebar; thence S00°10'15"E 556.98 feet to an existing stone/iron at the Southeast corner of the Southeast
Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section Twenty-five (25), Township Eighteen (18) North,
Range Thirty-one (31) West of the 51h Principal Meridian; thence S0001015"E 4.65 feet to the point of beginning,
containing 6.36 acres, more or less, Elm Springs, Washington County, Arkansas, the above described 6.36 acre
tract being subject to any easement and/or rights of way whether or not of record.
PERMANENT EASEMENT DESCRIPTION:
Part of the Southwest Quarter (SW1/4) of the Northwest Quarter (NW 1/4) of Section 30, Township 18 North,
Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the Southwest corner of the SW 1/4 of the NW 1/4 of said Section 30; thence along the South line of said SW
1/4 of the NW '/4 South 86°30'21" East, 384.53 feet to the POINT OF BEGINNING (P.O.B.); thence leaving said
South line North 24011'52" East, 181.47 feet; thence North 02055'10" East, 364.44 feet; thence along the
Grantor's North property line South 86041'02" East, 50.00 feet; thence along the Grantor's East property line
South 02'55'10" West, 373.49 feet; thence leaving the Grantor's East property line South 24'11'52" West,
171.97 feet; thence along the Grantor's South property line North 86030'21" West, 53.45 feet to the
POINT OF BEGINNING (P.O.B.), containing 27,284 square feet, 0.63 acres.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the
future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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.
WATER/SEWER EASEMENT
Page 2
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the
Cynthia Donohew
Danny George Hurlbut
Melissa Pruitt
Hurlbut
STATE OF ARKANSAS
COUNTY OF
day of 2023.
[Spouse of Cynthia Donohew, if any]
[Spouse of Danny George Hurlbut, if any]
[Spouse of Melissa Pruitt, if any]
[Spouse of Jeffrey Hurlbut, if any]
ACKNOWLEDGMENT
ss.
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 Cynthia Donohew and
her spouse, if any, to me well known as the person/s who executed the foregoing document, and who
stated and acknowledged that she/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 day of
MY COMMISSION EXPIRES:
STATE OF ARKANSAS
COUNTY OF
12023.
Notary Public
ACKNOWLEDGMENT
ss.
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 Danny Gene Hurlbut and
, his spouse, if any, to me well known as the person/s who executed the foregoing document, and who stated
and acknowledged that he/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 day of
MY COMMISSION EXPIRES:
Notary Public
2023.
WATER/SEWER EASEMENT
Page 3
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF
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 Melissa Pruitt and
her spouse, if any, to me well known as the person/s who executed the foregoing document, and who stated
and acknowledged that she/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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF
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 Jeffrey Hurlbut and
, his spouse, if any, to me well known as the person/s who executed the foregoing document, and who stated
and acknowledged that he/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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
Basis of Bearings:
Arkansas State Plane
Coordinate System
(North Zone)
SCALE: 1 " = 100'
UTILITY EASEMENT MAP
TRACT MAP NO. 62 PE - 27,284 SQ. FT. (0.63 AC.)
EXHIBIT "A" TCE - 0 SQ. FT. (0 AC.)
VARIABLE PE \
a
w
d
GL
S86'41'02"E `� �-
50.00'
W
50' PE
N 2'55'10"E
4.44'
SE -NE
o SW -NW
==�
S2'S5'10"W
25-18-31 °j
M 30-18-30
�; =; =;
373.49'
a
a TRACT,,:'=-'-
750-00584-000
2018-18981
CYNTHIA BUSSE, DANNY GEORGE HURLBUT,
MEL ISSA PRUITT, AND JEFFRY HURLBUT
SW CORNER
SW1 /4, N W1 /4
SECTION 30
T-18-N,
R-30-W
N24'11'52"E ;-;;' S24'11'52"W
181.47' v4'; �171.97'
50' PE SE CORNER
0� SW1/4, NW1/4
SECTION 30
T-18-N,
Q Q� R-30-W
� S 86 30'21" E - 384.53'
62.41' 457.69'
Land line Land line Land line
P =OBPOB 21W - N 86'30'" 520.10'
N NE CORNER Q�
NE -SE SECTION 4 30 NW-SW
30 50' PE Q� N86'30'21 "W
25-18-31 / '
T-18-N,
N R-31-W 53.45
L E G E N D
0 Permanent Easement 0 Temporary Construction Easement
Property Line • Corner of Permanent Easement
Street Right -of -Way Existing Utility Easement Line
750-00584-000 — Tax Parcel Number PE — Permanent Easement
2018-18981 — Deed Record TCE — Temporary Construction Easement
Property Owner :BUSSE, PRUITT, AND HURLBUT
CITYOF Drawn by : McClelland Consulting Engineers Project Name
FAYIs'TTEVILLE Date' DEC 2022 Sale : 1" = 100' West Transmission
Project No. 112184 Tract No. 62 Main Route
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: North of and adjacent to 544 East Lake Road, Elm Springs, Arkansas;
Washington County
Client: McClelland Consulting Engineers
Fee Owner: Cynthia Busse, Danny George Hurlbut, Melissa Pruitt & Jeffrey Hurlbut
Mailing Address: P.O. Box 144, Elm Springs, AR 72728
Area Of The Whole: 6.36f ACS
Area Of Remainder: 6.36f ACS Permanent Easement 0.63f AC
Area Of Acquisition: N/A
HIGHEST AND BEST USE:
Whole Property Residential Development
Remainder Property Residential Development
ACQUISITION COMPENSATION:
Before
Land: 6.36f ACS
$
290,900
Improvements: Not Applicable
$
0
Total:
$
286,350
After
Land: 6.36f ACS
$
265,150
Improvements: Not Applicable
$
Total
$
265,150
FAIR MARKET VALUE OF ACQUISITION
$
25,750
Total Compensation as of. March 14, 2023
$
25,750
ALLOCATION OF COMPENSATION
Land: Not Applicable $ 0
Permanent Easement: 0.63f Acre (Rounded) $ 25,750
Temporary Construction Easement: Not Applicable $ 0
Improvements: Not Applicable $ 0
Damages: Not Applicable $ 0
Cost to Cure Items: $ 0
Total Compensation: $ 25,750
Please see the Extraordinary Assumptions and Hypothetical Condition previously presented.
��F��
TE
Katie Reed Hampton, CG3642
s"FIE
ENEM
REED & ASSOCIATES, INC.
=; •.• ceas•ts ..'
Al �7
Blake Hopper, RA4720
REED & ASSOCIATES, INC.
Shannon Reed Mueller, CG2302
REED & ASSOCIATES, INC.
•" d
'RE61S�R� o
wPpRE�OE
Rp41Z
'•..,e�AKEN� r```�
7
►I
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Cynthia Donohew, Danny G. Hurlbut
Melissa Pruitt & Jeffrey Hurlbut
203 School Avenue
Springdale, AR 72762
RE: West Transmission Main Line
Parcel No. 750-00584-000
Tract 62 6 acres
Offer to purchase easement
Dear Ladies and Gentlemen:
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new
outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly
available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington,
from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every
necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to
authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -
of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these
projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial.
There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $43,000.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the
associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hi ones(@_fayetteville-ar.gov) or Brand!
Samuels (479) 444-3421 (bsamuels(cufayetteville-ar.gov). For questions or concerns, please contact Corey Granderson,
Utilities Engineer at cgrand ersonLWayetteviIle-ar.gov or Tim Nyander, Utilities Director at tnyander a�fayetteville-ar.go i.
With kindest regards,
Tim yander
Utilities Director
TN/hj
Enc
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Kent Bird Detmer
Tract No. 64
West Transmission Main
Parcel No. 750-00579-000
Tract No. 64
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Kent Bird Detmer, a single person, 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, 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: 2011-14181)
The fractional NW'/4 of the fractional NW'/ of Section 30 in Township 18 North of Range 30 West, and a part of the
NE'/4 of the NE'/4 of Section 25 in Township 18 North of Range 31 West, described as beginning at the Northeast
corner of said fractional NW'/ of the fractional NW'/4 of said Section 30, and running thence South along the East
quarter section line to the center of the Elm Springs — Springdale Road; thence West with the center of said Road
753 feet; thence North 87007' West with the center of said Road 210.2 feet; thence North to and continuing along
the East line of a lane or road running from the Elm Springs — Springdale Road North to the Howard Grigg Lands,
a distance of 698.5 feet, more or less to a point due West of the Southwest corner of Lot 1 in Block 1, Peter Gharst
Addition to the Town of Elm Springs, Arkansas; thence East to and continuing along the South line of Lots 1, 2 and
3 in Block 1 of said Addition to the center of the abandoned right of way of the Kansas City & Memphis Railway
Company; thence Northeasterly with the center of said right of way to a point which is 12 feet due South of the
North line of said fractional quarter section; thence in a direct line Easterly to a point where the East line of said
right of way intersects the North line of said fractional quarter section; thence East to the point of beginning, subject
to an easement along the Southerly part thereof for the Elm Springs — Springdale Road.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 30, Township 18 North,
Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the Northeast corner of the NW 1/4 of the NW 1/4 of said Section 30; thence along the North line of said NW 1/4
of the NW '/4 North 87050'26" West, 402.39 feet to the POINT OF BEGINNING (P.O.B.); thence leaving said
North line and along the West line of Camelot Subdivision, as shown in Plat Book 23, Page 00183 of the
Washington County records South 02046'29" West, 1287.84 feet to the North right-of-way line of Elm Springs
Road (60' R/W); thence leaving the West line of Camelot Subdivision and along the North line of Elm Springs
Road North 88°09'05" West, 50.01 feet; thence leaving said North right-of-way line of Elm Springs Road
North 02046'29" East, 1288.11 feet to the North line of said NW 1/4 of the NW 1/4; thence along said North line
South 87050'26" East, 50.00 feet to the POINT OF BEGINNING (P.O.B.), containing 64,398 square feet, 1.48
acres.
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 shall 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.
Water/Sewer Easement
Page 2
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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
Kent Bird Detmer
STATE OF ARKANSAS
COUNTY OF
day of 2023.
[spouse]
ACKNOWLEDGMENT
ss.
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 Kent Bird Detmer and
spouse, if any to me well known as the person(s) who executed the foregoing document, and who
stated and acknowledged that he/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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
UTILITY EASEMENT MAP
TRACT MAP NO. 64 PE - 64,398 SQ. FT. (1.48 AC.)
Scale: 1 "=250' EXHIBIT "A" TCE - 0 SQ. FT. (0 AC.)
/ \ \79, LOT 41
NE CORNERSW-\ OF
19 N18S30 NW1/4, NW1/4 / 70 c!F q�l SE -SW
30-18-30 I a LOT 40 19-18-30
S87 50 26 E / N 87°50'26" W - 402.39'
50' PE 50.00' lS
N zs" U.E. SECTION 19 BENTON COUNTY
POB LJ10 u.E. a�v SECTION 30 WASHINGTON COUNTY
w w
a_ = NE CORNER
'0 LOT 61 LOT 63
w N W1 /4, N W1 /4
o F SECTION 30
PETER HARST T-18-N,
SUBDI ISION oil a R-30-W
^0
N
Y�=
II II
LOT 62 I I I I LOT 64 NE —NW
w I 30-18-30
o_
50' PE 10' U.E.
/ TRACT
L0T fib ///
DET./ LOT 67 64
LJ
a 750-00579-000
Li
I IC. 2011-14181
Co i' NW -NW / LOT 66 KENT BIRD DETMER
a a 30-18-30 / N
N2'46'29"E CAMELOT
SUBDIVISION
1288.11 wa P.B. 23-183 (WASHINGTON CO.)
S2'46'29"W DOCUMENT NO. 2005-1194 (BENTON CO.)
750-00579-000 1287.84'
KENT BIRD DETMER 0' U.E.
2011-14181 I LOT 67
50' PE q
SW CORNER
NW1/4, NW1/4 SE CORNER
SECTION 30 Ld NW1/4, NW1/4 Basis of Bearings:
T-18-N, N88109105"W a_ 64 SECTION 30 Arkansas State Plane
R-30-W 50.01' ~ T-18-N, Coordinate System
�,m —. R-30-W (North Zone)
Z17T' so' u.E.
Land line LM SPRING ROAD (60' R/W) Land line
AWG 10' U.E. (888-720) SE -NW
10 U ( 867 73 )) SW -NW w SPRINGDALE 30-18-30
30-18-30 a N
50' PE —�
L E G E N D
0 Permanent Easement 0 Temporary Construction Easement
Property Line • Corner of Permanent Easement
Street Right -of -Way Existing Utility Easement Line
750-00579-000 — Tax Parcel Number PE — Permanent Easement
2011-14181 — Deed Record TCE — Temporary Construction Easement
Property Owner : KENT BIRD DETMER
CITYOF Drawn by : McClelland Consulting Engineers Project Name
FAYIs'TTEVILLE Date' DEC 2022 Sale : 1" = 250' West Transmission
Project No. 112184 Tract No. 64 Main Route
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: 618 Elm Springs Road
Client: McClelland Consulting Engineers
Fee Owner: Kent Bird Detmer
Mailing Address: 1713 W. Huntsville Avenue, Springdale, AR 72762
Area Of The Whole: 11.851 ACS Permanent Easement 1.48± ACS
Area Of Remainder: 11.85f ACS Temporary Construction Easement NA
Area Of Acquisition: NA
HIGHEST AND BEST USE:
Whole Property Interim Residential/Agricultural until demand dictates development
of the site
Remainder Property Interim Residential/Agricultural until demand dictates development
of the site
ACQUISITION COMPENSATION:
Before
Land: 11.85f ACS $ 568,800
Improvements: Pole Shed/Barn & 4 Trees $ 14,000
Total: $ 582,800
After
Land: 11.85f ACS $ 485,050
Improvements: Not Appraised $
Total $ 485,050
Total Compensation as of: January 23, 2023 $ 97,750
ALLOCATION OF COMPENSATION
Land: N/A
$
0
Permanent Easement: 1.48f ACS
$
60,250
Temporary Construction Easement: N/A
$
0
Improvements: Pole Shed/Barn & 4 Trees
$
14,000
Damages: Land
$
23,500
Cost to Cure Items: Not Applicable
$
0
Total Compensation:
$
97,750
q'
fa
STATECBMSED
Katie Reed Hampton, CG3642
_
REED & ASSOCIATES, INC.
��p� '
''• 4nE. HAMr �,."''•
Date of Report: January 30, 2023
IN
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Kent B. Detmer
1713 W Huntsville Ave
Springdale, AR 72762
RE: West Transmission Main Line
Parcel No. 750-00579-000 (618 Elm Springs Rd)
Tract 64
Offer to purchase easement
Dear Mr. Detmer:
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water
District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains
constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen
to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for
every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023
to authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street
rights -of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for
these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a
trial. There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $97,750.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
I will be glad to meet with you at your convenience and discuss all phases of this project and the associated
easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hi ones(afavetteville-ar.gov) or Brandi Samuels
(479) 444-3421 (bsamuelsL5�favetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities
Engineer at cgranderson0g favetteville-ar.gov or Tim Nyander, Utilities Director at tn,,ander d favetteville-ar.gov.
With kindest regards,
*/fi4
Tim Nyander
Utilities Director
TN/hj
Enc
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Fellowship Bible Church
of Northwest Arkansas
Tract No. 101
West Transmission Main
Parcel No. 765-15830-004
Tract No. 101
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT, Fellowship Bible Church of Northwest Arkansas, an Arkansas
non-profit 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, 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 to construct, lay, remove, relay, inspect, enlarge and/or
operate a water and/or sanitary sewer pipe line or lines, manholes, grantee owned
fiber optic equipment and appurtenances thereto, grantee on, over, across, and
under the following described land situated in the County of Washington, State of
Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Reference 2018-4064)
A part of the Northwest Quarter of the Southeast Quarter and a part of the Northeast Quarter of the Southwest
Quarter all in Section twenty-eight (28), Township Seventeen (17) North, Range Thirty (30) West of the Fifth
Principal Meridian, Washington County, Arkansas, being more particularly described as follows: Commence at the
Northwest corner of the Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) of said Section 28 being a
found magnail in asphalt roadway; thence S87°34'31"E a distance of 631.02 feet to a point; thence S00°23'08"W a
distance of 628.16 feet to a found steel fence post; thence S02°10'40"W a distance of 178.19 feet to a found '/2
inch iron pin and the Point of Beginning; thence S87°11'04"E a distance of 1926.85 feet to a found'/2 inch iron pin
and the western right of way for U.S. Highway 112 being fifty-five (55) feet west of centerline; thence along said
western right of way, S02°43'18"W a distance of 474.95 feet to a set iron pin with cap "PLS 1439"; thence leaving
said western right of way, N87°19'58"W a distance of 2582.01 feet to a set iron pin with cap "PLS 1439" and the
west boundary of the East Half (E1/2) of the SW'/4, NO2°34'52"E a distance of 318.11 feet to a set iron pin with
cap "PLS 1439"; thence leaving said west boundary, S87°13'55"E a distance of 656.51 feet to a set iron pin with
cap "PLS 1439"; thence NO2°31'13"E a distance of 162.98 feet to the point of beginning. Said tract or parcel of land
containing 25.90 acres (1,138,075 square feet), more or less. Subject to easements, right-of-ways, and protective
covenants of record, if any, subject to all prior mineral reservations and oil and gas leases, if any.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) of Section 28, Township 17 North,
Range 30 West, Washington County, Arkansas, and being more particularly described as follows: Commencing
at the SW Corner of the NE1/4 of the SW1/4 of said Section 28; thence along the west line of said NE1/4 of the
SW1/4, N 02037'20" W 94.19 feet to the Point of Beginning (POB); thence continuing along said west line, N
02°37'20" E 51.43 feet; thence leaving said west line, S 87°19'58" E 91.77 feet; thence S 42°10'58" E 72.54 feet
to the Grantor's south property line; thence along said south line, N 87°19'58" W 142.89 feet; to the Point of
Beginning (POB), containing 6,034 sq. ft., or 0.14 acres.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
WATER/SEWER EASEMENT
Page 2
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 on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of 12023.
FELLOWSHIP BIBLE CHURCH OF NORTHWEST ARKANSAS,
an Arkansas non-profit corporation
By:
John Marquette, Secretary
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 John Marquette, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he is the Secretary of Fellowship Bible
Church of Northwest Arkansas, an Arkansas non-profit corporation, and is duly authorized in his capacity to execute
the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he
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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
SCALE 1" = 50'
NE -SW
28-17-30
— — — — — — — — — —M S870 19' 58"E-91.77'
FELLOWSHIP BIBLE CHURCH
\ \ \ \ \ \ \ \
OF NORTHWEST ARKANSAS
"n \SRC
PN. 765-15830-004
\\ 1
o \\\\\ ESMT101\\\�S
DEED 2018-4064
M\\\\\\60014AC.
\\\\\\\\\\\\\\\S
— o--------------
N870 19' 58"W-142.89' --\
—
POB \
\
\
\
N020 37' 20"E-94.19' \
\ `
SW CORNER—
\
NE%4, SW%4
SECTION 28--------
T17N-R30W
LEGEND
765-15830-004 TAX PARCEL NUMBER '�
PROPOSED RIGHT-OF-WAY
2018-4064 DEED RECORD r��������
PROPOSED PERMANENT EASEMENT
— — EXISTING PROPERTY LINE �ZE- _,
PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
TW JMr McCLELLAND
DATE: RE111111: WEST TRANSMISSION MAIN CONSULTING
04/03/23 1 EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INC.
SCALE: PROD. NUMBER'.
AS NOTED 11-2184 MAP TRACT 101 1580 E. STEARNS ST.
FELLOWSHIP BIBLE CHURCH OF NORTHWEST ARKANSAS FAYETTEVILLE, AR 72703
EXi (479) 443-2377
1 HT P://WWW.MCE.US.COM
W41F
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Fellowship Bible Church of NWA
c/o John Marquette, Secretary
1051 W Pleasant Grove Road
Rogers, AR 72758
RE: West Transmission Main Line
Parcel No. 765-15830-004
Tract 101
Offer to purchase easement
Dear Mr. Marquette:
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new
outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly
available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington,
from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for
every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023
to authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street
rights -of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for
these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a
trial. There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $24,140.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated
easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hiones()-fayetteville-ar.gov) or Brandi Samuels
(479) 444-3421 (bsamuels(ai)fayetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities
Engineer at cgranderson(cD-favetteville-ar_gov or Tim Nyander, Utilities Director at tnyander(cD-fayetteville-ar.gov.
With kind t regards,
Tim Nyan r
Utilities Director
TN/hj
Enc.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
One Twelve Village, LLC
Tract No. 103
West Transmission Main
Parcel No. 765-15830-000
Tract No. 103
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT, One Twelve Village, LLC, an Arkansas limited liability
company, 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, 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 to
construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or
sanitary sewer pipe line or lines, manholes, grantee owned fiber optic equipment
and appurtenances thereto, grantee on, over, across, and under the following
described land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Reference 2017-7010)
A part of the West Half (W 1/2) of the Southeast Quarter (SE1/4), all in Section Twenty -Eight (28), Township
Seventeen (17) North, Range Thirty (30) West of the Fifth Principal Meridian, Washington County Arkansas, and
being more particularly described as follows; Commencing at the Northwest Corner of the NE 1/4 of the SW 1/4 of
said Section 28 being a found cotton picker spindle in asphalt roadway; thence along the west line of said NE 1/4
of the SW 1/4, S02°34'52"W a distance of 1283.11 feet to a found iron pin with cap "PLS 1439"; thence leaving
said west line, S87°19'58"E a distance of 1315.10 feet to the POINT OF BEGINNING, said point being a set iron
pin with cap "PLS 1156"; thence S87°19'58"E a distance of 1266.91 feet to the westerly right of way line of
Highway 112 thence along said westerly right of way line the following eight (8) calls, S02°43'18"W a distance of
978.38 feet to a point; thence S02°02'26"W a distance of 63.14 feet to a point; thence S00011'50"W a distance of
51.97 feet to a point; thence S03°04'07"E a distance of 40.08 feet to a point; thence S07°04'04"E a distance of
55.68 feet to a point; thence S11°50'44"E a distance of 58.74 feet to a point; thence S15°34'53"E a distance of
71.32 feet to a point; thence S18°13'53"E a distance of 15.95 feet to a point; thence leaving said right of way,
S02°32'54"W a distance of 26.08 feet to a found 3 inch aluminum cap at the Southeast corner of the SW 1/4 of the
SE 1/4 of said Section 28; thence along the south line of said SW 1/4 of the SE 1/4, N87°08'52"W a distance of
1322.12 feet to a found iron pin with cap "PLS 1439", being the South Quarter Corner of said SECTION 28; thence
leaving said south line, NO2°32'22"E a distance of 1349.51 feet to the POINT OF BEGINNING. Said tract or parcel
of land containing 39.43 acres (1,717,256 square feet), more or less, and being depicted as new tract 1 on that
certain property line adjustment survey filed for record February 1, 2017, as land document 2017-00003176, of the
records of Washington County, Arkansas.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northwest Quarter (NW1/4) of the Southeast Quarter (SE1/4), and part of the southwest Quarter
(SW1/4) of the Southeast Quarter (SE1/4) of Section 28, Township 17 North, Range 30 West, Washington
County, Arkansas, and being more particularly described as follows: Commencing at the NE Corner of the
SW1/4 of the SE1/4 of said Section 28; thence along the north line of said SW1/4 of the SE1/4, N 87°08'54" W
147.25 feet to the Point of Beginning (POB); thence leaving said north line, S 02°31'18" E 43.45 feet; thence N
87°19'58" W 991.32 feet; thence N 42°19'58" W 43.87 feet; thence N 87°19'58" W 157.31 feet to the Grantor's
west property line; thence along said west line, N 02032'22" E 50.00 feet; thence leaving said west line, S
87'19'58" E 178.13 feet; thence S 42'19'58" E 43.87 feet; thence S 87'19'58" E 966.07 feet; thence S 02°31'18"
E 6.75 feet; to the Point of Beginning (POB), containing 59,514 sq. ft., or 1.37 acres.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
WATER/SEWER EASEMENT
Page 2
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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 on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of 12023.
ONE TWELVE VILLAGE, LLC,
an Arkansas limited liability company
By:
David R. Evans, Member
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 David R. Evans, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he is a Member of One Twelve Village, LLC,
an Arkansas limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and
in the name and behalf of said corporation, and further stated and acknowledged that he 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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
r — — — --
S87° 19' 58"E-178.13'
S42° 19' 58"E-43.87'
N420 19' 58"W-43.87'
N870 19' 58"W-157.31'
N020 32' 22"E-50.00'
SW -SE
28-17-30
100 200
SCALE 1"
NW-SE
28-17-30
I I
I I
I I
I I
I I
FUTURE WATER MAIN I I
EASEMENT BY )
ESMT 103
SEPARATE DOCUMENT /
�59514 SQ. FT.
1.37 AC.
I
I I
I I
S020 31' 18"E-6.75'
S87° 19' 58"E-966.07'
\ \ \ \ \ \ \ \ \ \ \ \ \
N870 19' 58"W-991.32'`
I
ONE TWELVE
VILLAGE LLC
PN.765-15830-000
DEED 2017-7010
LEGEND
S020 31' 18"E-43.45' I I
I I
I I
N87° 08' 54"W-147.25'
I 1
NE CORNER
SW1/a, SEK
SECTION 28
T17N-R30W
1 I
I
765-15830-000 TAX PARCEL NUMBER
="./=
PROPOSED RIGHT-OF-WAY
2017-7010
DEED RECORD
I \I
PROPOSED PERMANENT EASEMENT
— — EXISTING PROPERTY LINE
��E- _ E
PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE
COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
MpNA6ER
DATE
MTN BY
RAWTw
REVISION
WEST TRANSMISSION MAIN
McCLELLAND
CONSULTING
04/05/23
SCALE:
1
PRO]. NUMBER'.
EXHIBIT "A"
FAYETTEVILLE AR
—ENGINEERS, INC.
AS NOTED
1 11-2184
MAP
TRACT 103
1580 E. STEARNS ST.
1
EXi
ONE TWELVE VILLAGE LLC
FAYETTEVILLE, AR 72703
(479)443-2377
HT P://WWW.MCE.US.COM
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: West side of State Highway 112, south of State Highway 112
Client: McClelland Consulting Engineers
Fee Owner: One Twelve Village, LLC
Mailing Address: 3768 E. Leawood Way, Fayetteville, AR 72703
Area Of The Whole: 39.43f ACS Permanent Easement 1.37f ACS
Area Of Remainder: 39.43± ACS
Area Of Acquisition: N/A
HIGHEST AND BEST USE:
Whole Property Mixed -Use Development
Remainder Property Mixed -Use Development
ACQUISITION COMPENSATION:
Before
Land: 39.43f ACS $ 6,870,300
Improvements: Not Applicable $
Total: $ 6,870,300
After
Land: 39.43f ACS $ 6,632,250
Improvements: Not Applicable $
Total $ 6,632,250
FAIR MARKET VALUE OF ACQUISITION $ 238,050
Total Compensation as of. July 11, 2023 $ 238,050
ALLOCATION OF COMPENSATION
Land: Not Applicable $ 0
Permanent Easement: 1.37f Acres (Rounded) $ 238,050
Temporary Construction Easement: Not Applicable $ 0
Improvements: Not Applicable $ 0
Damages: Not Applicable $ 0
Cost to Cure Items: $ 0
Total Compensation: $ 238,050
Please see the Extraordinary Assumptions and Hypothetical Condition previously presented.
STATE Y~a
Katie Reed Hampton, CG3642 = } saEwu e
REED & ASSOCIATES, INC. It C63M r
"',,.HIlk,.W
7
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
One Twelve Village, LLC
c/o David R. Evans, Member
3768 E Leawood Way
Fayetteville, AR 72703
RE: West Transmission Main Line
Parcel No. 765-15830-000
Tract 103 N Hwy 112
Offer to purchase easement
Dear Mr. Evans,
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water
District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains
constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to
Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every
necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to
authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -
of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these
projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial.
There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $238,050.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the
associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hionestajayetteville-ar gov) or Brandi
Samuels (479) 444-3421 (bsamuelstc fayettewlle-ar.gov). For questions or concerns, please contact Corey Granderson,
Utilities Engineer at cgrandersonL-a� fayetteville-ar.gov or Tim Nyander, Utilities Director at tnyander(@faVettevtlle-ar.gov.
�Z40
Tim Nyander
Utilities Director
TN/hj
Enc
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Willow Bend OptionCo, LLC
Tract No. 104
West Transmission Main
Parcel No. 765-15830-007
Tract No. 104
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT, Willow Bend OptionCo LLC, an Oklahoma limited liability
company, of Tulsa Oklahoma, 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, 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 to construct, lay, remove, relay, inspect, enlarge
and/or operate a water and/or sanitary sewer pipe line or lines, manholes, grantee
owned fiber optic equipment and appurtenances thereto, grantee on, over, across,
and under the following described land situated in the County of Washington, State
of Arkansas, to -wit:
PROPERTY DESCRIPTION: Special Warranty Deed: 2017-8105
A part of the East Half (E1/2) of the Southwest Quarter (SW1/4) Section Twenty Eight (28), Township
Seventeen (17) North, Range Thirty (30) West of the Fifth Principal Meridian, Washington County, Arkansas,
and being more particularly described as follows: Commencing at the Northwest corner of the NE1/4 of the
SW1/4 of said Section 28 being a found cotton picker spindle in asphalt roadway; thence along the West line of
aid NE1/4 of the SW1/4, S02°34'52"W a distance of 1283.11 feet to the point of beginning said point being a
found iron pin with cap "PLS 1439"; thence leaving said West line S87019'59"E a distance of 1315.59 feet to a
set iron pin with cap "PLS 1156"; thence S02°32'22"W a distance of 668.88 feet to a found iron pin; thence
N87°26'22"W a distance of 1315.59 feet to the West line of said E1/2 of the SW1/4 and a found iron pin with cap
"PLS 1439"; thence along said West line N02034'52"E a distance of 671.33 feet to the point of beginning. Said
tract or parcel of land containing 20.23 acres (881,553 square feet) more or less.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4), and part of the Southeast Quarter
(NE1/4) of the Southwest Quarter (SW1/4) of Section 28, Township 17 North, Range 30 West, Washington
County, Arkansas, and being more particularly described as follows: Commencing at the SW Corner of the
NE1/4 of the SW1/4 of said Section 28; thence along the west line of said NE1/4 of the SW1/4, N 02°37'20" W
32.19 feet to the Grantor's north property line; thence leaving said west line, S 87019'58" E 133.99 feet, along
said north line, to the Point of Beginning (POB); thence continuing along said north line, S 87°19'58" E 1182.16
feet to the Grantor's east property line; thence along said east line, S 02°32'22" W 50.00 feet; thence leaving
said east line, N 87°19'58" W 1132.53 feet; thence N 42°10'58" W 70.53 feet; to the Point of Beginning (POB),
containing 57,867 sq. ft., or 1.33 acres.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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.
WATER/SEWER EASEMENT
Page 2
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of 12023.
Willow Bend OptionCo LLC,
an Oklahoma limited liability company
By:
George Jackson, III, Manager
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF
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 George Jackson, III, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he was the Manager of Willow Bend
OptionCo LLC, an Oklahoma limited liability company, of Tulsa Oklahoma, and is duly authorized in his capacity to
execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged
that he 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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
0 100 200
SCALE 1" 200'
NE -SW
28-17-30
ESMT 104
S87° 19' 58"E-133.99' 57867 SQ. FT.
�POB— 1.33 AC.
58"E-1182.16'
77-7-7
t
N42° 10' 58"W-70.53' N87° 19' 58"W-1132.53'NO2° 37'20"E-32.19'
S02° 32' 22"W-50
SW CORNER
NE%4r SWl/4
SECTION 28 WILLOW BEND
T17N-R30W OPTIONCO LLC
PN.765-15830-007
DEED 2017-8105
WILLOW BEND
SE -SW OPTIONCO LLC
28-17-30 PN.765-15830-007
DEED 2017-8105
LEGEND
765-15830-007 TAX PARCEL NUMBER �R� PROPOSED RIGHT-OF-WAY
2017-8105 DEED RECORD r=\i PROPOSED PERMANENT EASEMENT
EXISTING PROPERTY LINE E PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
Tw MANAGER JMT DRAWN McCLELLAND
DATE REVISION WEST TRANSMISSION MAIN HIM
CONSULTING
S4E: z3 1 EXHIBIT "A" FAYETTEVILLE� AR -ENGINEERS, INC.
SCALE: PRO]. NUMBER'.
AS NOTED 11-2184 MAP TRACT 104 1580 E. STEARNS ST.
WILLOW BEND OPTIONCO LLC FAYETTEVILLE, AR 72703
EXi (479) 443-2377
1 HT P://WWW.MCE.US.COM
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: North side of Truckers Drive, south of State Highway 112
Client: McClelland Consulting Engineers
Fee Owner: Willow Bend OptionCo LLC
Mailing Address: 9125 S Toledo Avenue, Tulsa, OK
Area Of The Whole: 20.23f ACS Permanent Easement 1.33f ACS
Area Of Remainder: 20.23f ACS
Area Of Acquisition: N/A
HIGHEST AND BEST USE:
Whole Property Multi -Family Development
Remainder Property Multi -Family Development
ACQUISITION COMPENSATION:
Before
Land: 20.23f ACS $ 2,664,650
Improvements: Not Applicable $
Total: $ 2,664,650
After
Land: 20.23f ACS $ 2,557,500
Improvements: Not Applicable $
Total $ 2,557,500
FAIR MARKET VALUE OF ACQUISITION $ 107,150
Total Compensation as of. July 11, 2023 $ 107,150
ALLOCATION OF COMPENSATION
Land: Not Applicable $ 0
Permanent Easement: 1.33f Acres (Rounded) $ 107,150
Temporary Construction Easement: Not Applicable $ 0
Improvements: Not Applicable $ 0
Damages: Not Applicable $ 0
Cost to Cure Items: $ 0
Total Compensation: $ 107,150
Please see the Extraordinary Assumptions and Hypothetical Condition previously presented.
STATE Y~a
Katie Reed Hampton, CG3642 = } saEwu e
REED & ASSOCIATES, INC. It C63M r
"',,.HIlk,.W
7
►i
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Willow Bend Optionco, LLC
c/o George Jackson, III, Manager
9125 S Toledo Ave
Tulsa OK 74137
RE: West Transmission Main Line
Parcel No. 765-15830-007
Tract 104 Hwy 112-Salem
Offer to purchase easement
Dear Mr. Jackson,
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water
District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains
constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to
Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every
necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to
authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -
of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these
projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial.
There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $107,150.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the
associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hjcnes(jY� favetteville-ar.qov) or Brandi
Samuels (479) 444-3421 (bsamuels(dyfayetteville-ar.gov). For questions or concerns, please contact Corey Granderson,
Utilities Engineer at cQrandersontZ" fayetteville-ar.gov or Tim Nyander, Utilities Director at tnyanderLi5�fayetteville-ar.gov.
Wit kirjoest regards,
Tim Nyander
Utilities Director
TN/hj
Enc
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Fayetteville School District No. 1
Tract No. 105
West Transmission Main
Parcel No. 001-14749-000, 765-16658-200 & 765-15837-000
Tract No. 105
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Fayetteville School District No. 1, 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, 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 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:
WD 2005-51407
The NE '/4 of the NE '/ of Section 31 (a 40 acre tract) and a part of the E '/2 of the SE '/4 of Section 29 (and 80
acre tract) located in Township 17 North, Range 30 West, of the Fifth Principal Meridian, Fayetteville,
Washington County, Arkansas, and more particularly described as beginning at the Southeast corner of said
Section 29, said corner being a common corner with the Northeast corner of Section 32 and the point of
beginning; thence South 02°30'45" West 1,322.30 feet to the Southeast corner of said 40 acre tract; thence
North 87024'40" West 1,323.39 feet to the Southwest corner of said 40 acre tract; thence North 02028'03" East
1,322.11 feet to the Northwest corner of said 40 acre tract; thence North 02°43'32"East 931.46 feet to a point on
the West boundary of said 80 acre tract which is 384.25 feet southerly from the Northwest corner of the SE '/4 of
the SE '/4 of said Section 29, said point being the Southwest corner of the Craig Brown property described in
instrument #99007214-5, thence continuing along the boundary of lands describing in said instrument
#99007214-5, North 86°07'57" East 416.66 feet to the southeast corner of said Brown property; thence North
86007'57" East 651.03 feet, thence North 02020'20" East 426.87 feet to the centerline of Washington County
Road No. 894; thence along said centerline North 84°39'20" East 268.54 feet to the East boundary of said 80
acre tract; thence South 02o4l'43" West 1,515.26 feet to the point of beginning, containing 73.391 acres, more
or less; LESS AND EXCEPT that portion contained in the right of way of County Road #894. ALSO,
WD 2005-51408 The South 2.17 acres of the following described tract:
WD 2005-51409 The North 3.302 acres of the following described tract:
A part of the E '/2 of the SE '/2 of Section 29, located in Township 17 North, Range 30 West of the 5t" Principal
Meridian, Fayetteville, Washington County, Arkansas, and described as commencing at the Southeast corner of
said Section 29 and thence North 87025'10" West 1324.43 feet to the Southwest corner of said 80 acre tract,
and continuing thence North 02°43'32" East 931.46 feet to a point on the west boundary of said 80 acre tract
which is 384.25 feet southerly from the Northwest corner of the SE '/4 of the SE '/4 of said Section 29; said point
being the Southwest corner of the Craig Brown property described in instrument #99007214-5 and continuing
along the southern boundary of lands describing in said instrument #99007214-5 North 86°07'57" East 416.66 to
a point at the southeast corner of said Brown property, said point being the point of beginning; thence along the
Eastern boundary of said Brown property North 05015'37" East 304.70 to the southerly right of way of
Washington County Road No. 894, thence continuing North 05oO5'37" East 35.00 feet to the centerline of said
road; thence with said centerline along a curve to the right have a radius of 1197.18 feet, a delta of 16°47'29"
and a chord bearing North 83016'36" East 349.6 feet, and an arc length of 350.85 to the P.T. of said curve, and
continuing with said road centerline North 72°03'38" East 79.25 to the P.C. of a curve to the right having a
radius of 970.67 feet, a delta of 12°56'10", and continuing thence with said curve centerline with a chord bearing
North 77011'48" East 218.69 and an arc length of 219.16 feet to the P.T. of said curve, and continuing thence
with said road centerline North 84°39'20" East 2.61 feet; thence leaving said road centerline South 02o2O'20"
West 426.87 feet; thence South 86°07'57" West 651.03 feet to the point of beginning, containing 5.472 acres,
more or less. LESS AND EXCEPT that portion contained in the right of way County Road #894. ALSO,
WD: 2006-27490
A part of the West Half (W '/2) of the Southwest Quarter (SW 1/) of Section Twenty-eight (28), Township
Seventeen (17) North, Range Thirty (30) West, being more particularly described as follows: beginning at the
Southwest corner of said 80 acre tract, said point being an existing fence corner post; thence North 02 degrees
35 minutes 22 seconds East 1526.42 feet along the West line of said 80 acre tract to a set'/2" iron rebar at an
existing fence on the North side of Salem Road and from which a'/z" reference iron set on the South right of way
line of said road bears South 02 degrees 35 minutes 22 seconds West 42.76 feet; thence North 84 degrees 22
minutes 05 seconds East 741.78 feet along said fence to a point in the center of Deane Solomon Road and from
which a'/2" reference iron set on the West right of way line of Deane Solomon Road bears South 84 degrees 22
minutes 05 seconds West 30.00 feet; thence along the centerline of Deane Solomon Road, the following
bearings and distances: South 05 degrees 20 minutes 14 seconds East 13.06 feet, South 04 degrees 47
minutes 31 seconds West 51.68 feet, South 10 degrees 36 minutes 46 seconds West 1392.68 feet, South 10
degrees 25 minutes 39 seconds West 98.81 feet to the beginning of a 100.00 foot radius curve to the right;
thence Southwesterly along said curve 111.30 feet, the chord for which being South 42 degrees 18 minutes 42
seconds West 105.64 feet; thence South 74 degrees 11 minutes 45 seconds West 33.86 feet to a set'/z" iron
WATER/SEWER EASEMENT
Page 2
rebar on the South line of said 80 acre tract; thence leaving the centerline of said Road, North 87 degrees 16
minutes 51 seconds West 426.46 feet to the point of beginning, containing 22.60 acres, more or less,
Washington County, Arkansas. The above described 22.60 acre tract being subject to the right of way of Salem
Road along the entire East boundary, and any other easements and/or or rights of way whether or not of record.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of Section 29, and a part of the
Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of Section 28, all in Township 17 North, Range
30 West, Washington County, Arkansas, and being more particularly described as follows: Commencing at the
SW Corner of said NW1/4 of the SW1/4; thence N 02°35'33" E, 113.47 feet to the POINT OF BEGINNING
(POB); thence S 83°51'58" W 258.55 feet; thence along a non -tangent curve to the left, an arc distance of 66.84
feet, said curve having a radius of 885.67 feet, and a chord bearing and distance of S 81°22'21" W 66.82 feet;
thence N 01°37'13" E 51.13 feet to the south Right -of -Way (ROW) of Washington County Road #894; thence
along said south ROW, along a non -tangent curve to the right, an arc distance of 59.77 feet, said curve having a
radius of 935.67 feet, and a chord bearing and distance of N 81°42'48" E 59.76 feet; thence continuing along
said south ROW, N 83°52'20" E 266.36 feet; thence continuing along said south ROW, N 84°18'02" E 712.03
feet to the west ROW of Deane Solomon Road; thence leaving said south ROW, S 04°47'44" W 15.12 feet
along said west ROW; thence continuing along said west ROW, S 10°36'25" W 36.61 feet; thence leaving said
west ROW, S 84°17'54" W 706.29 feet; to the Point of Beginning (POB), containing 51,780 sq. ft., or 1.19 acres.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
Also, a temporary construction easement (TCE) across the said parcel as shown on the attached Exhibit "A"
Map.
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.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any
permanent structure presently located within said temporary construction and grading easement area.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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 on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WATER/SEWER EASEMENT
Page 3
WITNESS the execution hereof on this the
By:
ATTEST:
[Please print or type Name and Title]
day of 12023.
Fayetteville School District No. 1
John L. Colbert, Superintendent
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 John L. Colbert and , to me well
known as the persons who executed the foregoing document, and who stated and acknowledged that they are the
Superintendent and , respectively, of the Fayetteville School District No. 1, 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 day of 2023.
MY COMMISSION EXPIRES:
Notary Public
WHITE OAK STREET
— R/W
I
I
I
I
I
I
I
I
I NEY4, SEY4
S29—T17N—R30W
I
I
I
HONEY LANE
N WIY4, SWY4
S28—T17N—R30W
100 200
SCALE 1" = 200'
I
S040 47' 44"W-15.12'
R=935.67', D=59.77' R/W —
CH=N81°42'48"E, CD=59.76'-- R/W
N010 37' 13"E-51.13' N84° 18, 02"E-712.03' \ \ \ \
' 266.36'
N83052'20"E—
\ \ \ \ \ \ \ \ \_ S84° 17' S4"W-706.29'
#$9A \ \\\\L—'j
\N CO F, S83° 51' 58"W-258.55 POB
ESMT 105
~ - - - NO2o 35' 33"E-113.47' 51780 SQ. FT.
1.19 AC.
TCE 105 85' S100 36' 25"W-36.61'
7147 SQ' FT. SW CORNER
0.16 AC. NWY4, SWY4
S28—T17N—R30W
FAYETTEVILLE SWY4, SWY4
SCHOOL DISTRICT #1 S28—T17N—R30W I
PN.001-16749-000
DEED 2005-51409 R=885.67', D=66.84'
CH=S81°22'21"W, CD=66.82'
I
SEY4, SEY4 FAYETTEVILLE
S29—T17N—R30W FAYETTEVILLE SCHOOL DISTRICT #1 3
SCHOOL DISTRICT #1 PN. 765-15837-000
PN.765-16658-200 DEED 2006-27490
DEED 2005-51407
LEGEND
AS NOTED
TAX PARCEL NUMBER
�(R�
PROPOSED RIGHT-OF-WAY
AS NOTED
DEED RECORD
r777, 777-,,-]
L-------- i
PROPOSED PERMANENT EASEMENT
— — EXISTING PROPERTY LINE
�T E_, _—_E�j
PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
Tw MpNA6ER
o E
MT aY
REVISION
WEST TRANSMISSION MAIN
McCLELLAND
CONSULTING
11/10/2022
SCALE:
1
PRO]. NUMBER'.
EXHIBIT "A"
FAYETTEVILLE AR
—ENGINEERS, INC.
AS NOTED
I 11-2184
MAP
TRACT 105
1580 E. STEARNS ST.
E V — i 1
FAYETTEVILLE SCHOOL DISTRICT #1
FAYETTEVILLE, AR 72703
443-2377
HTTP://WWW /WWW.MCE.US.COM
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: Southwest corner of Salem Road and Deane Solomon Road, Fayetteville,
Arkansas
Client: McClelland Consulting Engineers
Fee Owner: Fayetteville School District No. 1
Mailing Address: 1000 West Bulldog Blvd. Fayetteville, Arkansas 72701
Area Of The Whole: 110.93± ACS Temporary Construction Easement 0.16± AC
Area Of Remainder: 110.93f ACS Permanent Easement 1.19f ACS
Area Of Acquisition: N/A
HIGHEST AND BEST USE:
Whole Property Hold for residential or special-purpose use
Remainder Property Hold for residential or special-purpose use
ACQUISITION COMPENSATION:
Before
Land: 110.93f ACS
Improvements: Not Applicable
Total:
After
Land: 110.93f ACS
Improvements: Not Applicable
Total
FAIR MARKET VALUE OF ACQUISITION
Plus: TCE
Total Compensation as of. April 20, 2023
ALLOCATION OF COMPENSATION
Land: Not Applicable
Permanent Easement: 1.19f Acres (Rounded)
Temporary Construction Easement: 0.16f Acre (Rounded)
Improvements: Not Applicable
Damages: Not Applicable
Cost to Cure Items:
Total Compensation:
5,556,950
$
5,556,950
5,510,800
$
5,510,800
$
46,150
$
850
$
47,000
$ 0
$ 46,150
$ 850
$ 0
$ 0
$ 0
$ 47,000
Please see the Extraordinary Assumptions and Hypothetical Condition previously presented.
Kju� -
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Katie Reed Hampton, CG3642
REED & ASSOCIATES, INC.
Blake Hopper, RA4720
REED & ASSOCIATES, INC
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>,AAKEN�.,o``
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Fayetteville School District #1
PO Box 849
Fayetteville, AR 72702-0849
RE: West Transmission Main Line
Parcel No. 001-16749-000 765-15837-000 765-16658-200
Tract 105 2651 N Salem Road
Offer to purchase easement
Dear Ladies and Gentlemen,
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water
District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains
constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to
Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every
necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to
authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -
of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these
projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial.
There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $47,000.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the
associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hiones(a�fayetteville-ar.gov) or Brand!
Samuels (479) 444-3421(bsamuels(a)fayetteville-ar.gov). For questions or concerns, please contact Corey Granderson,
Utilities Engineer at cgranderson("a).favetteville-ar.gov or Tim Nyander, Utilities Director at tnyanderciiifayetteville-ar.gov.
46st r ards,
Tim Nyander
Utilities Director
TN/hj
Enc
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Charles Andrew Cassat
and Dorothy Lynn Cassat
Tract No. 107
West Transmission Main
Parcel No. 001-16743-000
Tract No. 107
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Charles Andrew Cassat and Dorothy Lynn Cassat, or their
Successors, co -trustees of the Charles Andrew Cassat 2014 Revocable Trust
u/t/d June 25, 2014, 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, 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 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: 2015-6019)
A part of the Northeast Quarter of the Southeast Quarter of Section 29, Township 17 North, Range 30 West and
being more particularly described as follows, to -wit: beginning at a point which is S00°48'52"E 376.81 feet from
the Northeast corner of said forty acre tract and running thence S00°48'52"E 717.04 feet, thence S81 °27'22"W
along County Road right of way 329.59 feet, thence N00005'09"W along County Road right of way 765.94 feet,
thence East 314.69 feet to the point of beginning, containing 5.54 acres, more or less. Subject to easements
and rights of way of record, if any.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of Section 29, Township 17 North,
Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the NE Corner of the NE1/4 of the SE1/4 of said Section 29; thence S 02o23'32" W 376.84 feet to the Grantor's
north property line; thence along said north line, N 86°32'14" W 263.97 feet to the Point of Beginning (POB);
thence leaving said north line, S 03°07'14" W 516.29 feet; thence S 03°00'23" W 244.58 feet to the Grantor's
south line; thence along said south line, S 84°24'46" W 50.57 feet to the Grantor's west line; thence along said
west line, N 03000'23" E 252.19 feet; thence continuing along said west line, N 03°07'14" E 516.64 feet to the
Grantor's north line; thence along said north line, S 86°32'14" E 50.00 feet; to the Point of Beginning (POB),
containing 38,243 sq. ft., or 0.88 acres.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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.
WATER/SEWER EASEMENT
Page 2 of 2
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of
Charles Andrew Cassat 2014 Revocable Trust
u/t/d June 25, 2014
Charles Andrew Cassat, Co -Trustee
STATE OF ARKANSAS
COUNTY OF
2023.
Dorothy Lynn Cassat, Co -Trustee
ACKNOWLEDGMENT
ss.
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 Charles Andrew Cassat and Dorothy Lynn Cassat, or their
Successors, co -trustees of the Charles Andrew Cassat 2014 Revocable Trust u/t/d June 25, 2014, and any
amendments thereto, to me well known as the person who executed the foregoing document, and who 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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
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PROPOSED PERMANENT EASEMENT
—
— EXISTING PROPERTY LINE
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PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
MpNA6ER
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WEST TRANSMISSION MAIN
McCLELLAND
CONSULTING
DATE
REVISION
05/04/23
12
EXHIBIT "A"
MAP
FAYETTEVILLE AR
TRACT 107
CASSAT, CHARLES ANDREW 2014 REVOCABLE TRUST
—ENGINEERS, INC.
1580 E. STEARNS ST.
FAYETTEVILLE, AR 72703
(479) 443-2377
HTTP://W W W. MCE.-COM
SCALE:
AS NOTED
PRO]. NUMBER'.
11-2184
EX i 1
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Charles Andrew Cassat 2014 Revocable Trust
3494 N Pin Oak Street
Fayetteville, AR 72704
RE: West Transmission Main Line
Parcel No. 001-16743-000
Tract 107
Offer to purchase easement
Dear Mr. & Mrs. Cassat:
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water
District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains
constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to
Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every
necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to .
authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -
of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these
projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial.
There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $87,000.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the
associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hiones(cufayetteville-ar.gov) or Brandi
Samuels (479) 444-3421 (bsamuels dfayetteville-ar.gov). For questions or concerns, please contact Corey Granderson,
Utilities Engineer at cgranderson(ji,fayetteville-ar.go or Tim Nyander, Utilities Director at tnyanderia-�fayetteville-ar.gov.
Sinc rel
Tim Nyander
Utilities Director
TN/hj
Enc
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Benny D. Moore and Carol L. Moore
Tract No. 108
West Transmission Main
Parcel No. 001-16708-000
Tract No. 108
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Benny D. Moore and Carol L. Moore, Trustees or their
successors in trust under the Benny Moore Revocable Trust, dated June 5,
2012, and any amendments thereto and Carol L. Moore and Benny D. Moore,
Trustees or their successors in trust under the Carol Moore Revocable Trust,
dated June 5, 2012, and any amendments thereto, 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, 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 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: 2012-16969-second description only)
The South half of the Northwest quarter of the Northeast quarter and the Southeast quarter of the northeast
quarter of the Northwest quarter, and all that part of the Northeast quarter of the Northeast Quarter, lying and
being West of the public road, running thence through said forty acre tract, except two and one-half acres there,
deeded by W.N. Kirk to A.M. Brizendine as described in deed recorded in Book 205, at page 497, all in Section
Twenty-nine (29), Township Seventeen (17) North, Range Thirty (30) West, containing in all fifty (50) acres,
more or less. ALSO, part of the Northeast quarter of the Northeast quarter (NE'/) of Section Twenty-nine (29)
in Township Seventeen (17) North, Range Thirty (30) West, being more particularly described as follows, to -wit:
Beginning at a point 532.20 feet South and 725.6 feet West of the Northeast corner of said 40 acre tract, said
point being on the Westerly Right of Way of State Highway No. 112, thence South 26 degrees 36 minutes East
along said right of way of 177.6 feet, thence South 63 degrees 24 minutes West 170.0 feet, thence North 26
degrees 36 minutes west 177.6 feet; thence North 63 degrees 24 minutes East 170.0 feet to the point of
beginning, containing 0.70 acres, more or less.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) of Section 29, Township 17 North,
Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the SE Corner of said NE1/4 of the NW1/4; thence along the south line of said NE1/4, N 87°16'53" W, 548.80
feet to the Point of Beginning (POB); thence continuing along said south line, N 87°16'53" W 50.74 feet; thence
leaving said south line, N 04°08'34" W 107.73 feet; thence N 03°28'57" E 195.26 feet; thence N 85°52'54" W
51.94 feet to the Grantor's west property line; thence along said west line, N 02°32'18" E 50.02 feet; thence
leaving said west line, S 85°52'54" E 102.76 feet; thence S 03°28'57" W 241.33 feet; thence S 04°20'14" E
110.51 feet; to the Point of Beginning (POB), containing 20,259 sq. ft., or 0.47 acres.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
WATER/SEWER EASEMENT
Page 2 of 2
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 on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the
Benny Moore Revocable Trust, dated June 5, 2012,
and any amendments thereto
Carol L. Moore, Trustee
STATE OF ARKANSAS
COUNTY OF
day of 12023.
Carol Moore Revocable Trust, dated June 5, 2012,
and any amendments thereto
Carol L. Moore, Trustee
ACKNOWLEDGMENT
ss.
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 Carol L. Moore, Trustee and successor trustee of the Benny
Moore Revocable Trust, dated June 5, 2012 and of the Carol Moore Revocable Trust dated June 5, 2012 and any
amendments thereto, to me well known as the person who executed the foregoing document, and who 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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
0 25 50
SCALE 1" = 50'
-----------
-----o
S850 52' 54"E-102.76'
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\ \ \ \ \ \ \ \ \ \
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BENNY MOORE
N850
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REVOCABLE TRUST
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DEED 2012-16969
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N870 16' 53"W-50.74'
N870 16' 53"W-548.80'
LEGEND
001-16708-000 TAX PARCEL NUMBER � PROPOSED RIGHT-OF-WAY
2012-16969 DEED RECORD PROPOSED PERMANENT EASEMENT
TCE
EXISTING PROPERTY LINE PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
Tw I 1Mr McCLELLAND
DATE: REVISION: WEST TRANSMISSION MAIN CONSULTING
02/02/2023 11 EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INC.
SCALE: PROD. NUMBER'.
AS NOTED 11-2184 MAP TRACT 108 1580 E. STEARNS ST.
BENNY MOORE REVOCABLE TRUST FAYETTEVILLE, AR 72703
E V — i (479) 443-2377
1 HTTP://W W W. MCE.-COM
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: 3815 N. Highway 112, Fayetteville, Arkansas 72704
Client: McClelland Consulting Engineers
Fee Owner: Benny Moore Revocable Trust & Carol Moore Revocable Trust
Mailing Address: 3815 N. Highway 112, Fayetteville, Arkansas 72704
Area Of The Whole: 50.70� ACS Permanent Easement 0.47± ACS
Area Of Remainder: 50.70± ACS
Area Of Acquisition: N/A
HIGHEST AND BEST USE:
Whole Property Continued residential use (see Highest and Best Use section)
Remainder Property Continued residential use (see Highest and Best Use section)
ACQUISITION COMPENSATION:
Before
Land: 50.70f ACS
Improvements: Not Applicable
Total:
After
Land: 50.70f ACS
Improvements: Not Applicable
Total
FAIR MARKET VALUE OF ACQUISITION
Total Compensation as of: April 20, 2023
ALLOCATION OF COMPENSATION
Land: Not Applicable
Permanent Easement: 0.47f Acre (Rounded)
Temporary Construction Easement: Not Applicable
Improvements: Not Applicable
Damages: Not Applicable
Cost to Cure Items:
Total Compensation:
2,296,850
$ 2,296,850
2,281,100
$ 2,281,100
$ 15,750
$ 15,750
$ 0
$ 15,750
$ 0
$ 0
$ 0
$ 0
$ 15,750
Please see the Extraordinary Assumptions and Hypothetical Condition previously presented.
K&f-
Katie Reed Hampton, CG3642
REED & ASSOCIATES, INC.
Blake Hopper, RA4720
REED & ASSOCIATES, INC
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STATE
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CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Benny & Carol Moore Revocable Trusts
3815NHwy 112
Fayetteville, AR 72704-5416
RE: West Transmission Main Line
Parcel No. 001-16708-000 — 3811 N Hwy 112
Tract 108
Offer to purchase easement
Dear Mrs. Moore:
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water
District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains
constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to
Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every
necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to
authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -
of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these
projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial.
There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $19,750.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the
associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hionesLdJayetteville-ar.gov) or Brandi
Samuels (479) 444-3421 (bsamuelstc' fayetteville-ar gov). For questions or concerns, please contact Corey Granderson,
Utilities Engineer at cgrand erson OJayetteviIle-ar.gov or Tim Nyander, Utilities Director at tnyanderAfayetteville-ar.gov.
W4";e gards,s,
Tim Nyander
Utilities Director
TN/hj
Enc.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Aaron Ray Harris and Cristina Harris
Tract No. 124
West Transmission Main
Parcel No. 830-38809-002
Tract No. 124
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Aaron Ray Harris and Cristina Harris, Trustees of the Aaron
Ray Harris and Cristina Harris Revocable Living Trust dated the 8' day of
June, 2008, a trust, 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, 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 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: (Lot Line Adjustment Survey 2022-15985-adjusted Tract 1)
A part of the East half of the Northeast Quarter Section 19, Township 17 North, Range 30 West, Washington
County, Arkansas, being more particularly described as follows, to -wit: Commencing at the Northeast corner of
the East half of the Northeast Quarter of said Section 19; thence N87°40'25"W 630.74 feet to a found '/2" rebar,
thence S08°10'09"W 1088.02 feet to a found '/2" rebar, thence N86°40'29"W 242.37 feet to a found '/2" rebar,
thence S03°42'24"W 65.04 feet to a found '/2" rebar being the true point of beginning, thence S03°42'38"W
35.97 feet to a set 5/8" rebar, thence S11°35'55"E 36.43 feet to a set 5/8" rebar, thence S13°10'19"E 18.28 feet
to a set 5/8" rebar, thence S17°20'59"E 139.08 feet to a set 5/8" rebar, thence S25°05'20"E 15.74 feet to a set
5/8" rebar, thence S12°35'03"E 80.97 feet to a set 5/8" rebar, thence N89°22'48"W 3.93 feet to a set 5/8" rebar,
thence S82°44'40"W 53.00 feet to a set 5/8" rebar, thence S80°30'18"W 33.93 feet to a set 5/8" rebar, thence
S01 °30'43"E passing a found '/2" rebar at a distance of 271.34 feet and continuing for a total distance of 304.20
feet to the centerline of Reed Valley Road; thence along said centerline; S75°28'00"W 329.30 feet, thence
leaving said centerline N01 °57'13"W passing a found '/2" rebar at a distance of 31.60 feet and continuing for a
total distance of 560.69 feet to a found '/2" rebar, thence NO2°42'33"E 293.85 feet to a set 5/8" rebar; thence
S67006'26"E 169.61 feet to a set 5/8" rebar, thence S63°47'41 "E 74.90 feet to a set 5/8" rebar, thence
S69°23'29"E 114.88 feet to a found '/2" rebar, to the point of beginning. Containing 5.897 acres more or less.
Subject to easements and rights of way of record.
PERMANENT EASEMENT DESCRIPTION:
Part of the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) and also part of the Northeast Quarter
(NE1/4) of the Northeast Quarter (NE1/4), all in Section 19, Township 17 North, Range 30 West, Washington
County, Arkansas, being more particularly described as follows: Beginning at the northwest corner of said SE1/4
of the NE1/4; thence along the Grantor's west property line, N 02°42'48" E 127.64 feet; thence leaving said west
line, S 20°20'55" E 125.54 feet; thence S 01 °57'13" E 557.71 feet to the Grantor's south line; thence along said
south line, S 77°02'01" W 50.94 feet to the Grantor's west line; thence leaving said south line, N 01'57'13" W
559.34 feet along said west line; to the Point of Beginning (POB), containing 31,065 sq. ft., or 0.71 acres.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
WATER/SEWER EASEMENT
Page 2 of 2
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 on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of 12023.
Aaron Ray Harris and Cristina Harris Revocable Living Trust
dated the 8tn day of June, 2008, a trust
Aaron Ray Harris, Trustee Cristina Harris, Trustee
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF
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 Aaron Ray Harris and Cristina Harris, Trustees of the Aaron
Ray Harris and Cristina Harris Revocable Living Trust dated the 81n day of June, 2008, a trust, to me well known as
the persons who executed the foregoing document, and who 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 day of 2023.
MY COMMISSION EXPIRES:
Notary Public
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AARON RAY AND
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TAX PARCEL NUMBER
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PROPOSED RIGHT-OF-WAY
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DEED RECORD
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PROPOSED PERMANENT EASEMENT
—
— EXISTING PROPERTY LINE
LT E— —
PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
Tw MANAGER
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REVISION:
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1
EXHIBIT "A"
MAP
FAYETTEVILLE� AR
TRACT 124
AARON RAY & CRISTINA HARRIS
—ENGINEERS, INC.
1580 E. STEARNS ST.
FAYETTEVILLE, AR 72703
(479) 443-2377
Sz E:
SCALE:
AS NOTED
PRO]. NUMBER'.
11-2184
1
EXi
HTTP://W W W. MCE.—COM
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: 1668 Reed Valley Road Tontitown, Arkansas 72704
Client: McClelland Consulting Engineers
Fee Owner: Aaron Ray Harris and Cristina Harris Revocable Living Trust
Mailing Address: 1668 Reed Valley Road Tontitown, Arkansas 72704
Area Of The Whole: 5.897f ACS Permanent Easement 0.71± AC
Area Of Remainder: 5.897f ACS
Area Of Acquisition: N/A
HIGHEST AND BEST USE:
Whole Property Continued Single -Family Residential use
Remainder Property Continued Single -Family Residential use
ACQUISITION COMPENSATION:
Before
Land: 5.897f ACS $ 475,250
Improvements: Not Appraised $
Total: $ 475,250
After
Land: 5.897f ACS $ 424,150
Improvements: Not Appraised $
Total $ 424,150
FAIR MARKET VALUE OF ACQUISITION $ 51,100
Total Compensation as of: April 20, 2023 $ 51,100
ALLOCATION OF COMPENSATION
Land: Not Applicable $ 0
Permanent Easement: 0.71f Acre (Rounded) $ 51,100
Temporary Construction Easement: Not Applicable $ 0
Improvements: Not Applicable $ 0
Damages: Not Applicable $ 0
Cost to Cure Items: $ 0
Total Compensation: $ 51,100
Please see the Extraordinary Assumptions and Hypothetical Condition previously presented.
STATE ~a
Katie Reed Hampton, CG3642 ` saEwu
REED & ASSOCIATES, INC. ' ces"s
;f14Fl HAMc'
`CSgtiFICgT.��
Blake Hopper, RA4720 =�RE6tCE
REED & ASSOCIATES, INC.KE
.pPp�4zZ0
/WX11' - -
Shannon Reed Mueller, CG2302
REED & ASSOCIATES, INC.
7
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Aaron R & Cristina Harris Revocable Living Trust
1668 Reed Valley Road
Fayetteville, AR 72704
RE: West Transmission Main Line
Parcel No. 830-38809-002
Tract 124
Offer to purchase easement
Dear Mr. & Mrs. Harris:
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water
District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains
constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to
Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every
necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to
authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -
of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these
projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial.
There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $51,100.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the
associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hi ones(Z�fayetteville-ar.gov) or Brandi
Samuels (479) 444-3421 (bsamuelsCdfayetteville-ar.gov). For questions or concerns, please contact Corey Granderson,
Utilities Engineer at cgrandersont@favetteville-ar.gov or Tim Nyander, Utilities Director at tnvander(a)favetteville-ar.gov.
With Jsindpst regards,
A&4114
Tim Nyander
Utilities Director
TN/hj
Enc
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Scott Musgrave and Belinda Musgrave
Tract No. 125
West Transmission Main
Parcel No. 830-38235-000
Tract No. 125
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Scott Musgrave and Belinda Musgrave, husband and wife,
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, 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 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: (Quitclaim Deeds: 1347-290 & 847)
A part of the Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) of Section 19, Township 17 North,
Range 30 West, of the 51h P.M. more particularly described as beginning at the Northeast corner of said forty
acre tract and running thence West 22 rods, thence South 25 rods, thence East 22 rods, thence North 25 rods
to the place of beginning, containing 4 acres more or less, and the Northwest Quarter (NW1/4) of the Northeast
Quarter (NE1/4) of said Section 19, Township 17 North, Range 30 West, containing in all 40 acres, more or less,
or total of 44 acres.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northwest Quarter (NW1/4) of the Northeast Quarter (NE1/4), and part of the Northeast Quarter
(NE1/4) of the Northwest Quarter (NW1/4) of Section 19, Township 17 North, Range 30 West, Washington
County, Arkansas, being more particularly described as follows: Beginning at the SE Corner of the NW1/4 of the
NE1/4; thence N 20°20'55" W 308.51 feet; thence N 24°56'03" E 187.35 feet; thence N 02o42'48" E 769.20 feet;
thence N 87°17'11" W 1499.19 feet; thence N 02°28'24" E 49.79 feet to the south Right -of -Way (ROW) line of
Steele Road; thence along said south ROW for the following four calls: thence S 87°31'36" E 233.02 feet;
thence S 87°14'39" E 1043.24 feet; thence S 87°47'00" E 108.71 feet; thence along a non -tangent curve to the
left, an arc distance of 166.81 feet, said curve having a radius of 524.64 feet, and a chord bearing and distance
of N 84°35'37" E 166.11 feet to the east line of said NW1/4 of the NE1/4; thence leaving said south ROW,
S 02°42'48" W 853.42 feet along said east line; thence leaving said east line, S 24°56'03" W 176.31 feet; thence
S 20°20'55" E 170.21 feet to the east line of said NW1/4 of the NE1/4; thence along said east line,
S 02042'48" W 127.64 feet; to the Point of Beginning (POB ESMT), containing 139,097 sq. ft., or 3.19 acres.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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.
WATER/SEWER EASEMENT
Page 2 of 2
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the
Scott Musgrave
STATE OF ARKANSAS
COUNTY OF
day of 12023.
Belinda Musgrave
ACKNOWLEDGMENT
ss.
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 Scott Musgrave and Belinda Musgrave, husband and wife,
to me well known as the persons who executed the foregoing document, and who 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 day of 2023.
MY COMMISSION EXPIRES:
Notary Public
West Transmission Main
Parcel No. 830-38235-000
Tract No. 125
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Scott Musgrave and Belinda Musgrave, husband and wife,
hereinafter called GRANTORS, 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 the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE,
and unto Grantee's successors and assigns, a temporary construction and grading
easement on, over, and through the following described land situated in the County
of Washington, State of Arkansas, for the sole purposes necessary for construction
of 48-inch water main, to -wit:
PROPERTY DESCRIPTION: (Quitclaim Deeds: 1347-290 & 847)
A part of the Northeast Quarter (NE1 /4) of the Northwest Quarter (NW1 /4) of Section 19, Township 17 North, Range
30 West, of the 5th P.M. more particularly described as beginning at the Northeast corner of said forty acre tract and
running thence West 22 rods, thence South 25 rods, thence East 22 rods, thence North 25 rods to the place of
beginning, containing 4 acres more or less, and the Northwest Quarter (NW1/4) of the Northeast Quarter (NE1/4) of
said Section 19, Township 17 North, Range 30 West, containing in all 40 acres, more or less, or total of 44 acres.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
Part of the Northwest Quarter (NW1 /4) of the Northeast Quarter (NE1 /4), and part of the Northeast Quarter (N E1 /4)
of the Northwest Quarter (NW1/4) of Section 19, Township 17 North, Range 30 West, Washington County,
Arkansas, being more particularly described as follows: Commencing at the SE Corner of the NW1/4 of the NE1/4;
thence N 20o2O'55" W 308.51 feet; thence N 24°56'03" E 187.35 feet; thence N 02°42'48" E 719.20 feet to the Point
of Beginning (POB TCE); thence N 87017'11" W 50.00 feet; thence N 02042'48" E 50.00 feet; thence S 87017'11" E
50.00 feet; thence S 02°42'48" W 50.00 feet; to the Point of Beginning (POB TCE), containing 2,500 sq. ft., or 0.06
acres.
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.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any permanent
structure(s) which may be located or under construction within said temporary construction easement area during the construction
of this project.
TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress to
and egress from the real estate first herein above described for the uses and purposes herein above set forth.
The consideration first above recited as being paid to the 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 easement on behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the
day of 2023.
Scott Musgrave Belinda Musgrave
West Transmission Main-TCE
Page 2 of 2
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Publicwithin
and for said County and State, personally appeared Scott Musgrave and Belinda Musgrave, husband and wife, to me well
known as the person(s) who executed the foregoing document, and who stated and acknowledged that she/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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
0 100 200
SCALE 1" = 200'
R/tV
R=524.64', D=166.81'
7° 31' 36"E-233.02'
RR11
STEELt$OAD
R/W R/W CH=N84035'37"E,
CD=166.11'
S87° 14' 39"E-1043.24'
S87°47' 0100 E 8.71'
NO2°28'24"E-49.79'
\\\\\
N870 17' 11"W-1499.19'
\\\\\\\\\\\\ \\\
,50.00'
0 0 \
0 0�
0
TCE 125
50.00 \
2500 SQ. FT.
\
NE1/4, NW1/4
ESMT 125
0.06 AC.
\
POB TCE \
SECTION 19
NW%4, NE%4
139097 SQ. FT.
\
T17N-R30W
SECTION 19
3.19 AC.
\ \I
T17N-R30W
\N
O M
MUSGRAVE, SCOTT
co
N .�
& BELINDA
.N
PN.830-38235-000
N .o
DEED 1347-821
o \
z
\
\
\
\
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I
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N240 56' 03"E-187.35'J
S240 56' 03"W-176.31'
� �
S200 20' 55"E-170.21'
\
N200 20' 55"W-308.51'
\
\ \
POB ESMT
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� SE CORNER
_
- N W1/4, N E1/4
SECTION 19
T17N-R30�W
S02° 42' 48"W-127.64'
LEGEND
830-38235-000 TAX PARCEL NUMBER [CCCL/R77 PROPOSED RIGHT-OF-WAY
1347-821 DEED RECORD PROPOSED PERMANENT EASEMENT
TL
EXISTING PROPERTY LINE �T E_, _—_E PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
TW JMr WmcCLELLAND
OATSWEST TRANSMISSION MAIN CONSULTING
05/08/23 1 EXHIBIT "A" FAYETTEVILLE AR -ENGINEERS, INC.
SCALE: PRO]. NUMBER'.
AS NOTED 11-2184 MAP TRACT 125 1580 E. STEARNS ST.
E` , _ J MUSGRAVE, SCOTT & BELINDA FAYETTEVILLE, AR 72703
x 1 (479) 443-2377
�ko33 HTTP://WWW. MCE.—COM
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: 1205, 1301, 1223 Steele Road, Springdale, Arkansas (Tontitown)
Client: McClelland Consulting Engineers
Fee Owner: Scott Musgrave and Belinda Musgrave
Mailing Address: 1205, 1301, 1223 Steele Road, Springdale, Arkansas
Area Of The Whole: 44.00± ACS Permanent Easement 3.19± ACS
Area Of Remainder: 44.00± ACS Temporary Construction Easement 0.06f ACS
Area Of Acquisition: N/A
HIGHEST AND BEST USE:
Whole Property Continued residential use in the interim; residential development in
the future. (see Highest and Best Use section)
Remainder Property Continued residential use in the interim; residential development
in
the future. (see Highest and Best Use section)
ACQUISITION COMPENSATION:
Before
Land: 44.001 ACS $ 1,540,000
Improvements: Pond $ 10,000
Total: $
1,550,000
After
Land: 44.00± ACS $ 1,459,850
Improvements: Not Applicable $
Total $
1,459,850
FAIR MARKET VALUE OF ACQUISITION $
90,150
Plus: TCE
200
Total Compensation as of: June 7, 2023 $
90,350
ALLOCATION OF COMPENSATION
Land: Not Applicable $
0
Permanent Easement: 3.19f Acres (Rounded) $
80,150
Temporary Construction Easement: 0.06f Acre (Rounded) $
200
Improvements: Pond $
10,000
Damages: Not Applicable $
0
Cost to Cure Items: $
0
Total Compensation: $
90,350
Please see the Extraordinary Assumptions and Hypothetical Condition previously presented.
STATE yo
CERTIFIED
Katie Reed Hampton, CG3642
7=._ERA' w
; :
REED & ASSOCIATES, INC.
`"'g O'PPRA/S 1,,
��GEptIFICgT/0��,
Blake Hopper, RA4720
=�REG,SIERED'�=
REED &ASSOCIATES, INC.1
0.pppRE72�E
M4
Shannon Reed Mueller, CG2302
REED & ASSOCIATES, INC.
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Scott & Belinda Musgrave
1301 Steele Rd
Springdale, AR 72762-0972
RE: West Transmission Main Line
Parcel No. 830-38235-000
Tract 125
Offer to purchase easement
Dear Mr. & Mrs. Musgrave:
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water
District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains
constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to
Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every
necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to
authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -
of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these
projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial.
There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $90,350.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the
associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hionesoakfayetteville-ar gov) or Brandi
Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov). For questions or concerns, please contact Corey Granderson,
Utilities Engineer at cgranderson65�fayetteville-ar.gov or Tim Nyander, Utilities Director at tnyanderta)*fayetteville-ar.go•Y.
With indest regards.
Tim Nyander
Utilities Director
TN/hj
Enc
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
James Galloway and Patricia Galloway
Tract No. 133
West Transmission Main
Parcel No. 830-38206-000
Tract No. 133
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT James Galloway and Patricia Galloway, 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,
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 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: 2011-22605)
A part of the Southeast Quarter (SE1/4) of the Fractional Southwest Quarter (SW1/4) of Section Eighteen(18),
Township Seventeen (17) North, Range Thirty (30) West, being more particularly described as follows:
Commencing at the Southeast corner of said 40 acre tract, said point being an existing cotton spindle in Steele
Road; thence S89°23'08"W along the South line of said 40 acre tract 115 feet to a set cotton spindle in Steele
Road for the True Point of Beginning; thence N00°09'43"W 378.78 feet to an existing iron; thence N00°27'09"E
38.11 feet to an existing fence corner; thence S60047'05"W 144.21 feet to an existing iron; thence S00028'03"E
347.84 feet to a cotton spindle set in Steel Road; thence N89°23'08"E 123.81 feet to the Point of Beginning,
containing 1.10 acres, more or less, Washington County, Arkansas. The above described 1.10-acre tract being
subject to the right of way of Steele Road along the entire South boundary. The above described 1.10-acre tract
also being subject to a power line along the entire south boundary.
PERMANENT EASEMENT DESCRIPTION:
Part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section 18, Township 17 North,
Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the SE Corner of the SE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West; thence along the
south line of said SE1/4 of the SW1/4, N 87°42'10" W 182.96 feet; thence leaving said south line, N 02°28'24" E
36.76 feet to the north Right -of -Way of Steele Road, and to the Point of Beginning (POB ESMT): thence along
said north ROW, N 87°32'37" W 55.73 feet to the Grantor's west line; thence leaving said north ROW,
N 02°22'57" E 51.64 feet along said west line; thence leaving said west line, S 85°51'41" E 55.84 feet; thence
S 02028'24" W 50.00 feet; to the Point of Beginning (POB ESMT), containing 2,834 sq. ft., or 0.07 acres.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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.
WATER/SEWER EASEMENT
Page 2 of 2
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of 12023.
James Galloway Patricia Galloway
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF
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 James Galloway and Patricia Galloway, to me well known as
the persons who executed the foregoing document, and who 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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
SCALE 1" =
SE -SW
I18-17-30
GALLOWAY, JAMES E
& PATRICIA
PN.830-38206-000
DEED 2011-22605
I
— — — — — — S850 51' 41_E-55.84' I
,D F7 o
wK o
ESMT 133
U) 2834 SQ. FT. \
AL
N 0.07 AC` y
N60
o N
O 0
60
Z
N870 32' 37"W-55.73' R W R/W SE CORNER
SEl/4, SW74
STEELEIROAD POB ESMT SECTION 18
I T17N-R30W
N020 28'24"E-36.76'
N87° 42' 10"W-182.96'
I I
R/ W
/W-
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I
fw
LEGEND
830-38206-000 TAX PARCEL NUMBER [CCCL/R�= PROPOSED RIGHT-OF-WAY
2011-22605 DEED RECORD r777, 777-,7' PROPOSED PERMANENT EASEMENT
L-------- i
TC
EXISTING PROPERTY LINE �T E_, _—_E PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
Tw I JMr McCLELLAND
DATE REVISION WEST TRANSMISSION MAIN CONSULTING
05/08/23 1 1 EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INC.
SCALE: PROD. NUMBER'.
AS NOTED 1 11-2184 MAP TRACT 133 1580 E. STEARNS ST.
GALLOWAY, JAMES E & PATRICIA FAYETTEVILLE, AR 72703
EX i 1 (479) 443-2377
HTTP://W W W. MCE.-COM
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: 1142 Steele Road, Springdale, Arkansas (Tontitown)
Client: McClelland Consulting Engineers
Fee Owner: James Galloway and Patricia Galloway
Mailing Address: 1142 Steele Road, Springdale, Arkansas
Area Of The Whole: 1.10± ACS Permanent Easement 0.07± ACS
Area Of Remainder: 1.10± ACS
Area Of Acquisition: N/A
HIGHEST AND BEST USE:
Whole Property Continued residential use.
Remainder Property Continued residential use.
ACQUISITION COMPENSATION:
Before
Land: 1.10± ACS
Improvements: Not Appraised
Total:
After
Land: 1.10± ACS
Improvements: Not Appraised
Total
FAIR MARKET VALUE OF ACQUISITION
Total Compensation as of: June 7, 2023
ALLOCATION OF COMPENSATION
Land: Not Applicable
Permanent Easement: 0.07f Acre (Rounded)
Temporary Construction Easement:
Improvements: Not Applicable
Damages: Not Applicable
Cost to Cure Items:
Total Compensation:
103,050
$ 103,050
99,650
$ 99,650
$ 3,400
$ 3,400
$ 0
$ 3,400
$ 0
$ 0
$ 0
$ 0
$ 3,400
Please see the Extraordinary Assumptions and Hypothetical Condition previously presented.
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Katie Reed Hampton, CG3642 GEN=C83�
REED & ASSOCIATES, INC. ., �* •
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CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
James E. & Patricia Galloway
1142 Steele Rd
Springdale, AR 72762-6245
RE: West Transmission Main Line
Parcel No. 830-38206-000
Tract 133
Offer to purchase easement
Dear Mr. & Mrs. Galloway:
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water
District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains
constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to
Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every
necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to
authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -
of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these
projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial.
There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $3,400.00 for this vital water line easement across your
property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to
drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the
associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hlonesiE�fayettevllle-ar.gov) or Brandi
Samuels (479) 444-3421 (bsamuelsLd-�fayetteville-ar gov). For questions or concerns, please contact Corey Granderson,
Utilities Engineer at cgrandersonCcDfayetteville-ar.gov or Tim Nyander, Utilities Director at tnyander(cvfayetteville-ar.gov.
With indest regards,
44*�
Tim Nyander
Utilities Director
TN/hj
Enc
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
James Paul Galloway and Shawna Galloway
Tract No. 134
West Transmission Main
Parcel No. 830-38208-000
Tract No. 134
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT James Paul Galloway and Shawna Galloway, husband and
wife, 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, 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 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: 96-30206)
A part of the SE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West, Washington County,
Arkansas, being more particularly described as follows: Commencing at the Southeast corner of said SE1/4
SW1/4; thence along the South line of the SE1/4 SW1/4; thence along the South line of the SE1/4 SW1/4 South
89 degrees 35 minutes 05 seconds West 245.33 feet; thence North 00 degrees 07 minutes 15 seconds West
47.70 feet to a set 5/8 inch diameter rebar pin (rebar) for a POINT OF BEGINNING; thence North 00 degrees 07
minutes 15 seconds West 311.14 feet to a rebar; thence South 89 degrees 52 minutes 43 seconds West 150
feet to a rebar; thence South 00 degrees 07 minutes 17 seconds East 311.14 feet to a rebar; thence North 89
degrees 52 minutes 52 minutes 43 seconds East 140.00 feet to the Point of Beginning, containing 1.00 acre,
more or less. Subject to the right of way of County Road #90 and utility easements of record.
PERMANENT EASEMENT DESCRIPTION:
Part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section 18, Township 17 North,
Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the SE Corner of the SE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West; thence along the
south line of said SE1/4 of the SW1/4, N 87°42'10" W 238.64 feet; thence leaving said south line, N 02°22'57" E
36.92 feet to the north Right -of -Way (ROW) of Steele Road, and to the Point of Beginning (POB ESMT): thence
along said north ROW, N 87°32'37" W 139.99 feet to the Grantor's west line; thence leaving said north ROW, N
02°22'44" E 50.00 feet along said west line; thence leaving said west line, S 80o37'15" E 141.04 feet; thence S
02022'57" W 33.00 feet; to the Point of Beginning (POB ESMT), containing 5,810 sq. ft., or 0.13 acres.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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.
WATER/SEWER EASEMENT
Page 2 of 2
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the
James Paul Galloway
STATE OF ARKANSAS
COUNTY OF
day of 12023.
Shawna Galloway
ACKNOWLEDGMENT
ss.
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 James Paul Galloway and Shawna Galloway, husband and
wife, to me well known as the persons who executed the foregoing document, and who 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 day of 2023.
MY COMMISSION EXPIRES:
Notary Public
I
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SE -SW
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18-17-30
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IGALLOWAY,
JAMES
PAUL & SHAWNA
PN.830-38208-000
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DEED 2004-35393
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STEELE ROAD
POB ESMT
NO2o 22' 57"E-36.92',
R/ W
R/ W R/ W
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-------
LEGEND
0 20 40
SCALE 1" = 40'
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__—S020 22' 57"W-33.00'
�`- SE CORNER
SEl/4, SWl/4
SECTION 18
T17N-R30W
N87° 42' 10"W-238.64'
A 830-38208-000 TAX PARCEL NUMBER F77/777/= PROPOSED RIGHT-OF-WAY
04-35393
DEED RECORD
i`���������i
PROPOSED PERMANENT EASEMENT
—
— EXISTING PROPERTY LINE
PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM,NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
k
3MT DRAWN e
WEST TRANSMISSION MAIN
McCLELLAND
CONSULTING
REVISION
zEXHIBIT
"A"
FAYETTEVILLE AR
�11-2184
—ENGINEERS, INC.
MAP
TRACT 134
GALLOWAY, JAMES PAUL & SHAWNAFAYETTEVILLE,
1580 E. STEARNS ST.
AR 72703
(479) 443-2377
HTTP://WWW.MCE.US.COM
i
1
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: 1134 Steele Road, Springdale, Arkansas (Tontitown)
Client: McClelland Consulting Engineers
Fee Owner: James Paul Galloway and Shawna Galloway
Mailing Address: 1134 Steele Road, Springdale, Arkansas
Area Of The Whole: 1.00± ACS Permanent Easement 0.17± ACS
Area Of Remainder: 1.00::L ACS
Area Of Acquisition: N/A
HIGHEST AND BEST USE:
Whole Property Continued residential use.
Remainder Property Continued residential use.
ACQUISITION COMPENSATION:
Before
Land: 1.00± ACS
Improvements: One Tree
Total:
After
Land: 1.00± ACS
Improvements: Not Appraised
Total
FAIR MARKET VALUE OF ACQUISITION
Total Compensation as of: June 7, 2023
ALLOCATION OF COMPENSATION
Land: Not Applicable
Permanent Easement: 0.17f Acre (Rounded)
Temporary Construction Easement:
Improvements: One Tree
Damages: Not Applicable
Cost to Cure Items:
Total Compensation:
93,650
1,000
$ 94,650
84,250
$ 84,250
$ 10,400
$ 10,400
$ 0
$ 9,400
$ 0
$ 1,000
$ 0
$ 0
$ 10,400
Please see the Extraordinary Assumptions and Hypothetical Condition previously presented.
71FlrJp
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CERTIFIED _
Katie Reed Hampton, CG3642 GEN=CQS�
REED & ASSOCIATES, INC.
/ F•HAMr
Blake Hopper, RA4720 fo S
_: REG1StER Ato
REED & ASSOCIATES, INC.= p??VkovoE
3 �: Rp,412
eCAKEHOe��,�`�
"nmm�ua"`
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Shannon Reed Mueller, CG2302 = �i DER ERAS'
REED & ASSOCIATES, INC. S�' .,Gcoo.'y``�
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CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
James Paul & Shawna Galloway
1134 Steele Rd
Springdale. AR 72762-6245
RE West Transmission Main Line
Parcel No. 830-38208-000
Tract 134
Notification Letter
Dear Mr. & Mrs. Galloway:
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new
outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly
available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington,
from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for
every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023
to authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street
rights -of -way To ensure these projects could be built timely, the City Council had to authorize many condemnations for
these projects However, we continued negotiations and only once did any condemnation actually have to be decided in a
trial. There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $6,720.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate, and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property
We will provide a copy of the recorded documents upon your request Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated
easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hjones c fayetteville-ar gov) or Brandi Samuels
(479) 444-3421(bsamuels(ai)fayetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities
Engineer at cgranderson aOfayetteville-ar.gov or Tim Nyander, Utilities Director at tnyaride r(d.)fay ettevIIle-ar.gov.
With kindest regards,
4NOyander�
Utilities Director
TN/hj
Enc
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Eva and Dennis Moser
Tract No. 167
West Transmission Main
Parcel No. 815-33679-300
Tract No. 167
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE, Eva Moser and Dennis Moser, wife and husband,
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, 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, grantee owned fiber optic equipment 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: Warranty Deed: 2003-41718
Part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section Thirty Six (36), Township
Eighteen (18) North, Range Thirty-one (31) West of the Fifth Principal Meridian, Washington County, Arkansas,
being more particularly described as follows, to -wit: Beginning at a point S 0 degrees 51'50"W 1023.77 feet from
the Northeast corner of said Section Thirty-six (36); thence N 88 degrees 51'34" W 938.01 feet to the East right
of way line of Arkansas Highway 112; thence along said right of way line S11 degrees 07'09" E 18.39 feet;
thence S14 degrees 25'43"E 168.20 feet; thence leaving said right of way line S89 degrees 51'34"E 889.83 feet
along an existing fence; thence leaving said fence N 0 degrees 51'50"E 180 feet to the point of beginning and
containing 3.78 acres, more or less, being subject to a 25-foot building setback and utility easements which lies
on the west side of herein described tract.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE '/4) of Section 36, Township 18 North,
Range 31 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the SE Corner of the NE1/4 of the NE1/4 of said Section 36; thence along the east line of said NE1/4 of the
NE1/4, N 03°07'48" E 120.83 feet to the Grantor's south line and to the Point of Beginning (POB ESMT); thence
leaving said east line, N 86°38'08" W 30.00 feet along said south line; thence leaving said south line,
N 03007'48" E 24.58 feet; thence S 86052'12" E 18.00 feet; thence N 03007'48" E 55.00 feet; thence
N 86°52'12" W 18.00 feet; thence N 03°07'48" E 100.42 feet to the Grantor's north line; thence along said north
line, S 86°38'08" E 30.00 feet to the east line of said NE1/4 of the NE1/4; thence leaving said north line,
S 03007'48" W 180.00 feet along said east line, to the Point of Beginning (POB), containing 4,410 sq. ft., or 0.10
acres.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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.
WATER/SEWER EASEMENT
Page 2 of 2
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of 2023.
Eva Moser Dennis Moser
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, Eva Moser and Dennis Moser, wife and husband, to me well
known as the persons who executed the foregoing document, and who 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 day of 2023.
Notary Public
MY COMMISSION EXPIRES:
West Transmission Main
Parcel No. 815-33679-300
Tract No. 167
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Eva Moser and Dennis Moser, wife and husband, hereinafter called
GRANTORS, 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 the City of Fayetteville, Arkansas, a
municipal corporation, hereinafter called GRANTEE, and unto Grantee's
successors and assigns, a temporary construction and grading easement on, over,
and through the following described land situated in the County of Washington,
State of Arkansas, for the sole purposes necessary for construction of West
Transmission Main to -wit:
PROPERTY DESCRIPTION: Warranty Deed: 2003-41718
Part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section Thirty Six (36), Township
Eighteen (18) North, Range Thirty-one (31) West of the Fifth Principal Meridian, Washington County, Arkansas,
being more particularly described as follows, to -wit: Beginning at a point S 0 degrees 51'50"W 1023.77 feetfrom the
Northeast corner of said Section Thirty-six (36); thence N 88 degrees 51'34" W 938.01 feet to the East right of way
line of Arkansas Highway 112; thence along said right of way line S11 degrees 07'09" E 18.39 feet; thence S14
degrees 25'43"E 168.20 feet; thence leaving said right of way line S89 degrees 51'34"E 889.83 feet along an
existing fence; thence leaving said fence N 0 degrees 51'50"E 180 feet to the point of beginning and containing 3.78
acres, more or less, being subject to a 25-foot building setback and utility easements which lies on the west side of
herein described tract.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
Part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE'/4) of Section 36, Township 18 North, Range 31
West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE Corner of
the NE1/4 of the NE1/4 of said Section 36; thence along the east line of said NE1/4 of the NE1/4, N 03oO7'48" E
120.83 feet to the Grantor's south line; thence leaving said east line, N 86°38'08" W 30.00 feet along said south line;
thence leaving said south line, N 03oO7'48" E 24.58 feet to the Point of Beginning (POB TCE); thence S 86'52'12" E
18.00 feet; thence N 03°07'48" E 55.00 feet; thence N 86°52'12" W 14.00 feet; thence S03oO7'48" W 45.00 feet;
thence N86052'12" W 4.00 feet; thence S03°17'48" W 10 feet to the Point of Beginning (POB TCE), containing 810
sq. ft., or 0.02 acres.
Togetherwith the rights, easements, and privileges in orto said lands which may be required forthe full enjoyment of
the rights herein granted.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any permanent
structure(s) which may be located or under construction within said temporary construction easement area during the construction
of this project.
TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, togetherwith free ingress to
and egress from the real estate first herein above described for the uses and purposes herein above set forth.
The consideration first above recited as being paid to the 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 easement on behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
TCE
Page 2 of 3
WITNESS the execution hereof on this the
Eva Moser
STATE OF ARKANSAS
COUNTY OF WASHINGTON
day of 12023.
Dennis Moser
ACKNOWLEDGMENT
ss.
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, Eva Moser and Dennis Moser, wife and husband, to me well known as
the persons who executed the foregoing document, and who 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
MY COMMISSION EXPIRES:
day of 2023.
Notary Public
NEA, NEA
SECTION 36
T18N-R31 W
MOSER,
DENNIS & EVA
PN.815-33679-300
DEED 2003-41718
S860 38' 08"E-30.0
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815-33679-300 TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY
2003-41718 DEED RECORD PROPOSED PERMANENT EASEMENT
EXISTING PROPERTY LINE � PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
TW JMT McCLELLAND
DATE REVISION WEST TRANSMISSION MAIN CONSULTING
N 09/11/2023 3 EXHIBIT "A" FAYETTEVILLE AR -ENGINEERS, INC.
SCALE: PRO]. NUMBER'.
3 AS NOTED 11-2184 MAP TRACT 167 1580 E. STEARNS ST.
MOSER, DENNIS W & EVA M FAYETTEVILLE, AR 72703
F u — 1 (479) 443-2377
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: 21694 S. Highway 112, Springdale, AR
Client: McClelland Consulting Engineers
Fee Owner: Eva and Dennis Moser
Mailing Address: 21694 S. Highway 112, Springdale, AR
Area Of The Whole: 3.78f ACS
Area Of Remainder: 3.78f ACS Permanent Easement 0.12f AC
Area Of Acquisition: N/A
HIGHEST AND BEST USE:
Whole Property Continued Single -Family Residential Use
Remainder Property Continued Single -Family Residential Use
ACQUISITION COMPENSATION:
Before
Land: 3.78f ACS $ 181,150
Improvements: Barn/Lean To $ 43,250
Total: $ 224,400
After
Land: 3.78f ACS $ 178,150
Improvements: Not Applicable $
Total $ 178,150
FAIR MARKET VALUE OF ACQUISITION $ 46,250
Total Compensation as of: February 17, 2023 $ 46,250
ALLOCATION OF COMPENSATION
Land: Not Applicable $ 0
Permanent Easement: 0.12f Acre (Rounded) $ 3,000
Temporary Construction Easement: Not Applicable $ 0
Improvements: Barn/Lean To $ 43,250
Damages: Not Applicable $ 0
Cost to Cure Items: $ 0
Total Compensation: $ 46,250
Please see the Extraordinary Assumptions and Hypothetical Condition previously presented.
Katie Reed Hampton, CG3642
Reed & Associates, Inc.
a. STATE
CERTIFIED
• 6ENBM ;e
=642 _
tIn' • ... •,•�'p� ,
f NAMr
'�nnnuua0a
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Eva & Dennis Moser
21694 S Hwy 112
Springdale, AR 72762
RE: West Transmission Main Line
Parcel No. 815-33679-300
Tract 167
Offer to purchase easement
Dear Mr. & Mrs. Moser,
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new
outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly
available to everyone within ourwater district. We serve everyone in our mandated water district from Goshen to Farmington,
from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for
every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023
to authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street
rights -of -way To ensure these projects could be built timely, the City Council had to authorize many condemnations for
these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a
trial. There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $8,100.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated
easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hones(Qfayettevilie-ar.qov) or Brandi Samuels
(479) 444-3421 (bsamuels(c)fayetteville-ar.gov). For questions or concerns, please contact Granderson, Utilities
Engineer at cgranderson(cDfayetteville-ar.gov or Tim Nyander, Utilities Director at tnyander(a,fayetteville-ar.qov.
I
ind st re ards,
Tim ander
Utilities Director
TN/hj
Enc
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Jason M. Thomas and
Jennifer A. Olivero Sanchez
Tract No. 169
West Transmission Main
Parcel No. 815-33679-200
Tract No. 169
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE, Jason M. Thomas and Jennifer A. Olivero Sanchez,
husband and wife, 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, 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, grantee owned fiber optic equipment 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: 2021-27731)
Part of the NE1/4 of the NE1/4 of Section 36, Township 18 North, Range 31 West, Washington County,
Arkansas, and being more particularly described as follows: Beginning at a point that is South 0051'50" West
160.00 feet from the Northeast corner of the NE1/4 of the NE1/4 of said Section 36 and running thence South
0051'50" West 638.77 feet along the East line of said 40 acre tract to a '/2" rebar; thence leaving said East line
and running North 88051'37" West 980.62 feet to a '/2" rebar located on the East right of way line of Arkansas
State Highway No. 112; thence Northwesterly along said right of way the following: North 8°58'35" West 406.06
feet and North 13057'02" West 238.13 feet to a '/2" rebar; thence leaving said right of way and running South
89013'05" East 1096.89 feet to the point of beginning, containing 15.02 acres, more or less.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section 36, Township 18 North,
Range 31 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the NE Corner of the NE1/4 of the NE1/4 of said Section 36; thence along the east line of said NE1/4 of the
NE1/4, S 02°55'50" W 23.89 feet; thence continuing along said east line, S 03°07'48" W 139.41 feet to the
Grantor's northeast property corner and to the Point of Beginning (POB); thence along the Grantor's east line, S
03007'48" W 638.77 feet to the Grantor's south line; thence leaving said east line, N 86038'08" W 30.00 feet
along said south line; thence leaving said south line, N 03°07'48" E 638.58 feet to the Grantor's north line;
thence along said north line, S 86059'39" E 30.00 feet; to the Point of Beginning (POB), containing 19,160 sq. ft.,
or 0.44 acres.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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.
WATER/SEWER EASEMENT
Page 2
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the
Jason M. Thomas
STATE OF
COUNTY OF
day of 12023.
Jennifer A. Olivero Sanchez
ACKNOWLEDGMENT
ss.
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, Jason M. Thomas and Jennifer A. Olivero Sanchez, husband
and wife, to me well known as the persons who executed the foregoing document, and who 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
MY COMMISSION EXPIRES:
day of 2023..
Notary Public
— —
0 50 100
ALE 1" = 100'
S02o 55' 50"W-23.89'
NE CORNER
NEY4, NEY4
S03o 07' 48"W-139.41'
SECTION 36
T18N-R31 W
S860 59' 39"E-30.00'
I
POB
THOMAS, JASON M &
\
SANCHEZ,JENNIFER
A OLIVERO
\
PN.815-33679-200
\
DEED 2021-27731
\
ESMT 169
\
19160 SQ. FT. \
\
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N860 38' 08"W-30.00'
LEGEND
815-33679-200
TAX PARCEL NUMBER �(R�
PROPOSED RIGHT-OF-WAY
2021-27731
DEED RECORD
PROPOSED PERMANENT EASEMENT
—
— EXISTING PROPERTY LINE �T E_, _—_E
PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
Tw MANAGER
ERAWJMT N eY
WEST TRANSMISSION MAIN
McCLELLAND
CONSULTING
HIM
O E:
REVISION:
23
1
EXHIBIT "A"
MAP
FAYETTEVILLE� AR
TRACT 169
THOMAS, JASON M & SANCHEZ, JENNIFER A OLIVERO
—ENGINEERS, INC.
1580 E. STEARNS ST.
FAYETTEVILLE, AR 72703
(479) 443-2377
HTTP:/IW W W. MCE.-COM
S3 E:
SCALE:
AS NOTED
PRO]. NUMBER'.
11-2184
EX i 1
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: 21740 S. Highway 112, Springdale, AR
Client: McClelland Consulting Engineers
Fee Owner: Jason M. Thomas and Jennifer A. Olivero Sanchez
Mailing Address: 21740 S. Highway 112, Springdale, AR
Area Of The Whole: 15.02f ACS
Area Of Remainder: 15.02f ACS Permanent Easement 0.44f AC
Area Of Acquisition: N/A
HIGHEST AND BEST USE:
Whole Property Continued Single -Family Residential Use
Remainder Property Continued Single -Family Residential Use
ACQUISITION COMPENSATION:
Before
Land: 15.021 ACS $ 588,850
Improvements: $
Total: $ 588,850
After
Land: 15.02f ACS $ 580,200
Improvements: Not Applicable $
Total $ 580,200
FAIR MARKET VALUE OF ACQUISITION $ 8,650
Total Compensation as of. April 12, 2023 $ 8,650
ALLOCATION OF COMPENSATION
Land: Not Applicable $ 0
Permanent Easement: 0.44f Acre (Rounded) $ 8,650
Temporary Construction Easement: Not Applicable $ 0
Improvements: Not Applicable $ 0
Damages: Not Applicable $ 0
Cost to Cure Items: $ 0
Total Compensation: $ 8,650
Please see the Extraordinary Assumptions and Hypothetical Condition previously presented.
8TAiE '
CMFIED
- 6ENEM
" CQSM2
'�"'A�!nf'Bi►wi�°.`
Katie Reed Hampton, CG3642
Reed & Associates, Inc.
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Jason Thomas & Jennifer Olivero Sanchez
21740 S Hwy 112
Springdale, AR 72762
R E - West Transmission Main Line
Parcel No. 815-33679-200
Tract 169
Offer to purchase easement
Dear Mr. Thomas & Ms. Sanchez,
The City of Fayetteville needs to promptly con struct a 48-inch water transmission main from the Beaver Water District's new
outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly
available to everyone within our water district. X/Ve serve everyone in our mandated water district from Goshen to Farmington,
from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for
every necessary parcel within two months. Th erefore, we will have to ask the Fayetteville City Council on October 17, 2023
to authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner This century the City of Fayettev i Ile has had to acquire hundreds of water and sewer easements and street
rights -of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for
these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a
trial. There is a brochure enclosed explaining the process
Please accept our professionally appraised offer (or counter offer) of $31,600.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate, and provid e our firefighters with sufficient firefighting water
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property
We will provide a copy of the recorded documents upon your request Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated
easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hones fayetteville-ar qov) or Brandi Samuels
(479) 444-3421(bsamuels(cilfayetteville-ar.gov_). For questions or concerns, please contact Corey Granderson, Utilities
Engineer at cgranderson(a?fayetteville-ar gov or Tim Nyander, Utilities Director at to cinder c fayettevill_ a-argov.
Wit kindest regards,
gander
Utilities Director
TN/hj
Enc
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Bobby and Juanita Chandler
Tract No. 169A
West Transmission Main
Parcel No. 815-33679-210
Tract No. 169A
WARRANTY DEED
BE IT KNOWN BY THESE PRESENTS:
THAT Juanita Faye Chandler, Successor Trustee, The Bobby J.
Chandler Revocable Trust Dated: May 1, 2000, '/2 interest and Juanita Faye
Chandler, and Jennifer L. Mick, Trustees, The Juanita Faye Chandler
Revocable Trust Dated: May 1, 2000, '/2 interest 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, bargain, sell and convey unto the City of Fayetteville, Arkansas, a
municipal corporation, hereinafter called GRANTEE, and unto Grantee's
successors and assigns, the following described land situated in the County of
Washington, State of Arkansas, to -wit:
Part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section Thirty-six (36), Township
Eighteen (18) North, Range Thirty-one (31) West, more particularly described as follows: beginning at the
Northeast corner of said forty (40) acre tract, and running thence South 0 degrees 51 minutes 50 seconds West
1203.77 feet; thence North 88 degrees 51 minutes 34 seconds 889.83 feet to the East right of way line of State
Highway No. 112; thence along the East right of way line the following: North 14 degrees 25 minutes 43
seconds West 168.20 feet; thence North 11 degrees 07 minutes 09 seconds West 124.08 feet; thence North 08
degrees 45 minutes 06 seconds West 123.56 feet; thence North 6 degrees 58 minutes 35 seconds West 406.06
feet; thence North 13 degrees 57 minutes 02 seconds West 403.57 feet to the North line of said forty (4) acre
tract; thence South 89 degrees 13 minutes 05 seconds East 1139.19 feet to the point of beginning, containing
27.86 acres, more or less; LESS AND EXCEPT: Part of the Northeast Quarter (NE '/4) of the Northeast Quarter
(NE '/4) of Section Thirty-six (36), Township Eighteen (18) North, Range Thirty-one (31) West, Washington
County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point which is South 00
degrees 51 minutes 50 seconds West 843.77 feet from the Northeast corner of said Section 36, and thence
continuing South 00 degrees 51 minutes 50 seconds West 180 feet; thence North 88 degrees 51 minutes 34
seconds West 938.01 feet to the East right of way line of Arkansas Highway 112; thence along said East right of
line North 11 degrees 07 minutes 09 seconds West 105.69 feet; thence along said East right of way line North
08 degrees 45 minutes 06 seconds West 74.31 feet; thence East to the point of beginning. ALSO LESS AND
EXCEPT: Part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section Thirty Six (36),
Township Eighteen (18) North, Range Thirty-one (31) West of the Fifth Principal Meridian, Washington County,
Arkansas, being more particularly described as follows, to -wit: Beginning at a point S 0 degrees 51'50"W
1023.77 feet from the Northeast corner of said Section Thirty-six (36); thence N 88 degrees 51'34" W 938.01
feet to the East right of way line of Arkansas Highway 112; thence along said right of way line S11 degrees
07'09" E 18.39 feet; thence S14 degrees 25'43"E 168.20 feet; thence leaving said right of way line S89 degrees
51'34"E 889.83 feet along an existing fence; thence leaving said fence N 0 degrees 51'50"E 180 feet to the point
of beginning and containing 3.78 acres, more or less, being subject to a 25-foot building setback and utility
easements which lies on the west side of herein described tract. ALSO LESS AND EXCEPT: Part of the NE1/4
of the NE1/4 of Section 36, Township 18 North, Range 31 West, Washington County, Arkansas, and being more
particularly described as follows: Beginning at a point that is South 0°51'50" West 160.00 feet from the
Northeast corner of the NE1/4 of the NE1/4 of said Section 36 and running thence South 0°51'50" West 638.77
feet along the East line of said 40 acre tract to a '/2" rebar; thence leaving said East line and running North
88°51'37" West 980.62 feet to a '/2" rebar located on the East right of way line of Arkansas State Highway No.
112; thence Northwesterly along said right of way the following: North 8°58'35" West 406.06 feet and North
13°57'02" West 238.13 feet to a '/2" rebar; thence leaving said right of way and running South 89°13'05" East
1096.89 feet to the point of beginning, containing 15.02 acres, more or less and leaving approximately 1.05
acres, more or less.
TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and
Grantee's successors and assigns, forever. And the said Grantor hereby covenants that it is lawfully seized of said lands
and premises; that the same is unencumbered, and that the Grantor will forever warrant and defend the title to the said
lands against all legal claims whatever.
WITNESS the execution hereof on this
i:��•iaan��r_uvi�y���u��•irr
The foregoing deed has the correct amount of
Revenue Stamps affixed to it or is exempt from such
stamps.
Signed:
day of 12023.
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
West Transmission Main -Anode Bed
WD page 2
The Bobby J. Chandler Revocable Trust
Dated: May 1, 2000,1/2 interest
Juanita Faye Chandler, Successor Trustee
Bobby J. Chandler Revocable Trust
STATE OF
COUNTY OF
The Juanita Faye Chandler Revocable Trust
Dated: May 1, 2000, Amended: April 15, 2015 % interest
Juanita Faye Chandler, Trustee
Juanita Faye Chandler Revocable Trust
Jennifer L. Mick, Trustee
Juanita Faye Chandler Revocable Trust
ACKNOWLEDGMENT
ss.
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, Juanita Faye Chandler, Successor Trustee, The Bobby J.
Chandler Revocable Trust Dated: May 1, 2000, % interest and Juanita Faye Chandler, and Jennifer L. Mick, Trustees,
The Juanita Faye Chandler Revocable Trust Dated: May 1, 2000, 1/2 interest, to me well known as the persons who
executed the foregoing document, and who 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 day of 2023..
MY COMMISSION EXPIRES:
Notary Public
0 100 200
SCALE 1" = 200'
I
NE CORNER
NE1/4, NEl/4 I I S02' 55' 50"W-23.89'
SECTION 36 I I
Zi
P T18N-R31W I I
� � I
I 1
I I
I I
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100
I
3
�n
I �
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= I rD
0
c In
G I I
n' CHANDLER, BOBBY J I 1
I 1 REV TRUST; I
CHANDLER, JUANITA 1
F REV TRUST I 1
PN. 815-33679-210 S860 38' 08"E-30.00'
DEED 2000-39326 1 1 /--POB
S030 07' 48"W-45.00'
PARCEL815-33679-210--/ 71'
IS APPROXIMATELY 45633 NE1/4, NEl/4 N030 07' 48"E-45.11'ESMT 169A
SQ. FT OR 1.05 AC. SECTION 36 1 1352 SQ. FT.
T18N-R31W I 0.03 AC.
N860 50' 31"W-30.00I
LEGEND
815-33679-210 TAX PARCEL NUMBER �%%a� PROPOSED RIGHT-OF-WAY
00-39326
DEED RECORD C`��� �� i
PROPOSED PERMANENT EASEMENT
—
— EXISTING PROPERTY LINE �
PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
k
JMT N e
WEST TRANSMISSION MAIN
McCLELLAND
CONSULTING
REVISION
zEXHIBIT
"A"
FAYETTEVILLE AR
�11-2184
-ENGINEERS, INC.
MAP
TRACT 169A
CHANDLER, BOBBY J REV TRUST; CHANDLER, JUANITA F REV TRUSTFAYETTEVILLE,
1580 E. STEARNS ST.
AR 72703
(479) 443-2377
HTTP://WWW.MCE.US.COM
i
1
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Bobby J. Chandler Revocable Trust
Juanita F. Chandler Revocable Trust
351 W Baker Avenue
Springdale, AR 72762-9640
RE: West Transmission Main Line
Parcel No. 815-33679-210
Tract 169A
Offer to Purchase property
Dear Mrs. Chandler,
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water
District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains
constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to
Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every
necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to
authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -
of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these
projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial.
There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $41,025.00 for this vital water line easement across
your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water
to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the
associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hionesQdjayetteville-ar.gov) or Brandi
Samuels (479) 444-3421 (bsamuels(aDfayetteville-ar.gov). For questions or concerns, please contact Corey Granderson,
Utilities Engineer at cgranderson(cD-fayetteville-ar.gov or Tim Nyander, Utilities Director at tnyandert�favetteville-ar.go-i.
With 'n t regards,
Tim Nyander
Utilities Director
TN/hj
Enc
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Brigitte L. Farris
Tract No. 170
West Transmission Main
Parcel No. 815-33679-500
Tract No. 170
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Brigitte L. Farris, Surviving spouse of Tracy J. Farris,
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, 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 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: 99-101305)
A part of the Northeast Quarter (NE'/4) of the Northeast Quarter (NE'/4) of Section Thirty-six (36) Township
Eighteen (18) North, Range Thirty-one (31) West more particularly described as follows, to -wit: Beginning at the
Northeast corner of said Section Thirty-six (36), thence North 88 degrees 51 minutes 34 seconds West 1139.19
feet to the East right of way line of Arkansas Highway 112, thence South along said East right of way line 180
feet, thence East to a point 160 feet South 0 degrees 51 minutes 50 seconds West of the point of beginning,
thence 160 feet North to the point of beginning (being the Northeast corner of Section 36).
PERMANENT EASEMENT DESCRIPTION:
Part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE '/4) of Section 36, Township 18 North,
Range 31 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the NE Corner of the NE1/4 of the NE1/4 of said Section 36; thence along the east line of said NE1/4 of the
NE1/4, S 02°55'50" W 23.89 feet to the Grantor's northeast property corner and to the Point of Beginning (POB);
thence along the Grantor's east property line, S 03oO7'48" W 139.41 feet to the Grantor's south property line;
thence leaving said east line, N 86059'39" W 30.00 feet along said south line; thence leaving said south line, N
03°07'48" E 140.42 feet to the Grantor's north property line; thence along said north line, S 85°03'27" E 30.02
feet; to the Point of Beginning (POB), containing 4,197 sq. ft., or 0.10 acres.
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 shall 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 permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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 on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WATER/SEWER EASEMENT
Page 2 of 2
WITNESS the execution hereof on this the day of 2023.
Brigitte L. Farris
STATE OF ARKANSAS
COUNTY OF
[spouse]
ACKNOWLEDGMENT
ss.
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 Brigitte L. Farris, Surviving spouse of Tracy J. Farris and
her spouse, if any, to me well known as the person(s) who executed the foregoing document, and
who stated and acknowledged that she/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 day of 12023.
MY COMMISSION EXPIRES:
Notary Public
0 25 50
SCALE 1" = 50,
NE CORNER NE%4r NEl/4---------_
SECTION 36 T18N-R31W
— 2° 55' S 89' I
— POB
S850 03' 27"E-30.02' Ik \
ESMT 170
4197 SQ. FT. N
FARRIS, BRIGITTE 0.10 AC.
\
PN.815-33679-500 C) rn
DEED 99-10130500
00 i\
00
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I
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a �
a I
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SECTION 36
T18N-R31W
z
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z
L E G E N D
3 815-33679-500 TAX PARCEL NUMBER
PROPOSED RIGHT-OF-WAY
99-101305 DEED RECORD %��� J
PROPOSED PERMANENT EASEMENT
k — — EXISTING PROPERTY LINE
PROPOSED TEMP. CONST. EASEMENT
LL BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT
a
A PLAT OF SURVEY)
m
TW MANAGER
ERAWJMT N e
McCLELLAND
-E
REVISION
WEST TRANSMISSION MAIN
CONSULTING
os 24 zoz3
� SCALE:
z
PRO]. NUMBER'.
EXHIBIT "A"
FAYETTEVILLE� AR
—ENGINEERS, INC.
3 AS NOTED
11-2184
MAP
TRACT 170
1580 E. STEARNS ST.
#
# Vi
# EX-1
FARRIS, BRIGITTE
FAYETTEVILLE, AR 72703
(479) 443-2377
-://WWW. MCE.-COM
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: 21772 S. Highway 112, Springdale, AR
Client: McClelland Consulting Engineers
Fee Owner: Tracy and Brigitte Farris
Mailing Address: 21772 S. Highway 112, Springdale, AR 72762
Area Of The Whole: 4.70f ACS
Area Of Remainder: 4.70f ACS Permanent Easement 0.10± AC
Area Of Acquisition: N/A
HIGHEST AND BEST USE:
Whole Property Continued Single -Family Residential Use
Remainder Property Continued Single -Family Residential Use
ACQUISITION COMPENSATION:
Before
Land: 4.70f ACS $ 194,500
Improvements: $
Total: $ 194,500
After
Land: 4.70f ACS $ 192,450
Improvements: Not Applicable $
Total $ 192,450
FAIR MARKET VALUE OF ACQUISITION $ 2,050
Total Compensation as of: April 12, 2023 $ 2,050
ALLOCATION OF COMPENSATION
Land: Not Applicable $ 0
Permanent Easement: 0.10± Acre (Rounded) $ 2,050
Temporary Construction Easement: Not Applicable $ 0
Improvements: Not Applicable $ 0
Damages: Not Applicable $ 0
Cost to Cure Items: $ 0
Total Compensation: $ 2,050
Please see the Extraordinary Assumptions and Hypothetical Condition previously presented.
8TAiE '
CMFIED
- 6ENEM
" CQSM2
'�"'A�!nf'Bi►wi�°.`
Katie Reed Hampton, CG3642
Reed & Associates, Inc.
CITY OF
FAYETTEVILLE
ARKANSAS
September 25, 2023
Brigitte L. Farris
21772 S Hwy 112
Springdale, AR 72762
RE: West Transmission Main Line
Parcel No. 815-33679-500
Tract 170
Offer to purchase easement
Dear Mrs. Farris,
The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water
District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains
constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to
Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents.
State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every
necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to
authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other
landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -
of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these
projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial.
There is a brochure enclosed explaining the process.
Please accept our professionally appraised offer (or counter offer) of $2,050.00 for this vital water line easement across your
property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to
drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership
interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to
you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt
of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property.
We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or
a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will
provide another copy if you request.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the
associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hionesAfavetteville-ar.gov) or Brandi
Samuels (479) 444-3421 (bsamuels@fayetteville-ar gov). For questions or concerns, please contact Corey Granderson,
Utilities Engineer at cgrandersonr'a)fayetteville-ar.gov or Tim Nyander, Utilities Director at tnyanderfa!fayetteville-ar.gov.
With kindest regards,
41,�*
Tim Nyander
Utilities Director
TN/hj
Enc.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Received By Shea Fankhouser 10/02/2023
City of Fayetteville, Arkansas - Budget Adjustment (Agenda) 1 Errors
Budget Year Division Adjustment Number
/Org2 WATER SEWER (720)
2023
Requestor: Cheryl Partain
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A budget adjustment is needed to transfer budgeted funds to the West Water Transmission Line Project for the
remaining Easements for the West Corridor Water Transmission Line Project. Budgeted funds from the Water System
Rehabilitation and Replacement project will be transferred to cover the cost of this project.
COUNCIL DATE
ITEM ID#
10/17/2023
2023-1168
RESOLUTION/ORDINANCE
Budget Division Date
TYPE: D - (City Council)
JOURNAL#:
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
- -
Increase / (Decrease)
Expense Revenue
Prolect.Sub#
Project Sub.Detl AT
v.202398
Account Name
5400.720.5600-5810.00
1,737,125 -
18015 2201 EX
Easements
5400.720.5600-5808.00
(1,737,125)
12009 1 EX
Improvements - Water Line
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