HomeMy WebLinkAbout10-24 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 10-24
File Number: 2023-1547
HIGHWAY 16 UTILITY RELOCATIONS (CONDEMNATIONS):
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION
OF CERTAIN LANDS OWNED BY INDIVIDUALS NEEDED FOR THE HIGHWAY 16 UTILITY
RELOCATIONS PROJECT
WHEREAS, the City of Fayetteville has been unable to negotiate the acquisition of easements on 6 properties needed
to complete the Highway 16 Utility Relocations 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 Highway 16 Utility Relocations Project and owned by
Ramy Gatie and Lindsey Marie Schaefer, that is needed for a water/sewer easement for the Project, and to pay into the
registry of the Circuit Court just compensation in the amount of $10,500.00.
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 Highway 16 Utility Relocations Project and owned by
J&N Rent and Store, that is needed for a water/sewer easement for the Project, and to pay into the registry of the
Circuit Court just compensation in the amount of $4,000.00.
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 Highway 16 Utility Relocations Project and owned by
the Frederick Family Revocable Living Trust, that is needed for a water/sewer easement for the Project, and to pay into
the registry of the Circuit Court just compensation in the amount of $8,500.00.
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 Highway 16 Utility Relocations Project and owned by
Roger Dale Mitchell, that is needed for a water/sewer easement for the Project, and to pay into the registry of the
Circuit Court just compensation in the amount of $2,100.00.
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 Highway 16 Utility Relocations Project and owned by
the Doris Faye Roberts Trust, that is needed for a water/sewer easement for the Project, and to pay into the registry of
Page 1
Resolution: 10-24
File Number: 2023-1547
the Circuit Court just compensation in the amount of $27,555.00.
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 Highway 16 Utility Relocations Project and owned by
Sarah E. Pierson, that is needed for a water/sewer easement for the Project, and to pay into the registry of the Circuit
Court just compensation in the amount of $6,700.00.
PASSED and APPROVED on January 2, 2024
Aanroved:
Page 2
Attest: 0111111111111i
Kara Paxton, City ClqrK Treasure =�- FAYETTEVILI_
kAN`�P • �����
���G TON+0 ``vp
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JANUARY 2, 2024
CITY COUNCIL MEMO
2023-1547
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE:
SUBJECT: Approval of a Resolution authorizing the City Attorney to seek condemnation and an
order of possession for the remaining easements necessary for the Highway 16
Utility Relocations project.
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 Highway 16 Utility Relocations
project.
BACKGROUND:
The Arkansas Department of Transportation (ArDOT) has requested utility relocations to prepare for the
widening of Highway 16 from Stonebridge Road to E. Roberts Road. The City of Fayetteville and ArDOT
entered into a Utility Relocation Agreement on July 12, 2023 which notes that the water and sanitary sewer
relocations for this project are estimated to cost approximately $4,748,216.08, subject to public bidding.
$1,328,286.00 of this total is considered "betterment" where larger lines are replacing smaller lines to meet
current and future capacity needs. The relocations are estimated to be 42.49% reimbursable to the City of
Fayetteville by ARDOT. Based on the estimated costs with betterments removed, this would result in ARDOT
funding $1,453,128.29 and the City of Fayetteville $3,295,087.71. The actual costs of construction will
determine final contributions from each party.
DISCUSSION:
The project design required permanent easements to be obtained on 30 tracts along the project corridor.
However, at this time there are still 7 tracts that have not been settled. The City is approaching deadlines as
set forth in our ARDOT Relocation Agreement. Namely, that construction start by April 7th, 2024. In order to
stay on this critical path, the project will bid in January and work towards committee/council contract approvals
in February and March. Meanwhile, all easements must be secured before a contractor can begin work.
BUDGET/STAFF IMPACT:
The payment for land acquisition will be made from the Water & Sewer Utility Relocations account. The
agenda item staff review form indicates $59,355.00 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.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ATTACHMENTS: SRF (#3), Summary List of Easements (#4), Easements (#5)
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 #: 2023-1547
Approval of a Resolution authorizing the City Attorney to seek condemnation and an order of
possession for the remaining easements necessary for the Highway 16 Utility Relocations project.
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND
POSSESSION OF CERTAIN LANDS OWNED BY INDIVIDUALS NEEDED FOR THE HIGHWAY
16 UTILITY RELOCATIONS PROJECT
WHEREAS, the City of Fayetteville has been unable to negotiate the acquisition of easements on 6
properties needed to complete the Highway 16 Utility Relocations 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 Highway 16
Utility Relocations Project and owned by Ramy Gatie and Lindsey Marie Schaefer, that is needed for a
water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation
in the amount of $10,500.00.
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 Highway 16
Utility Relocations Project and owned by J&N Rent and Store, that is needed for a water/sewer
easement for the Project, and to pay into the registry of the Circuit Court just compensation in the
amount of $4,000.00.
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 Highway 16
Utility Relocations Project and owned by the Frederick Family Revocable Living Trust, that is needed
for a water/sewer easement for the Project, and to pay into the registry of the Circuit Court just
compensation in the amount of $8,500.00.
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 Highway 16
Utility Relocations Project and owned by Roger Dale Mitchell, that is needed for a water/sewer
easement for the Project, and to pay into the registry of the Circuit Court just compensation in the
Page 1
Resolution: 10-24
File Number: 2023-1547
amount of $2,100.00.
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 Highway 16
Utility Relocations Project and owned by the Doris Faye Roberts Trust, that is needed for a water/sewer
easement for the Project, and to pay into the registry of the Circuit Court just compensation in the
amount of $27,555.00.
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 Highway 16
Utility Relocations Project and owned by Sarah E. Pierson, that is needed for a water/sewer easement for
the Project, and to pay into the registry of the Circuit Court just compensation in the amount of
$6,700.00.
Page 2
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2023-1547
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/14/2023 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 Highway 16 Utility Relocations project.
Budget Impact:
5400.720.5600-5810.00
Water & Sewer
Account Number Fund
11011.2102 Water & Sewer Utility Relocations
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$
5,903,062.00
$
2,132,860.89
3,770,201.11
$
59,355.00
Previous Ordinance or Resolution #
Approval Date:
3,710,846.11
V20221130
Easement Tracts for Condemnation
Highway 16 Utility Relocations Project
Tract
Owner
Amount
02
GATIE, RAMY & SCHAEFER, LINDSEY MARIE
$ 10,500.00
10
J&N RENT AND STORE LLC
$ 4,000.00
19
FREDERICK FAMILY REVOCABLE LIVING TRUST
$ 4,400.00
19
FREDERICK FAMILY REVOCABLE LIVING TRUST
$ 4,100.00
23
MITCHELL, ROGER DALE;
$ 2,100.00
26
ROBERTS, DORIS FAYE TRUST
$ 27,555.00
28
PIERSON, SARAH E
$ 6,700.00
59,355.00
Tract 19 has two appraisals due to zoning differences
GATI E, RAMY & SCHAEFER, LI N DSEY MARI E
Tract No. 02
W®
CITY OF
FAYETTEVILLE
ARKANSAS
December 5, 2023
Rainy Gage & Lindsey Schaefer
3220 E Huntsville Road
Fayetteville, AR 72701
RE: Hwy 16 East Utility Relocation
Parcel Nos. 765-02282-001 & 765-02322-000 Traci 2
Olferto Purchase Easement
Dear Mr. Remy & Ms. Schaefer:
The City of Fayetteville needs to promptly relocate water and sewer utilities, as required by the Arkansas Department of Transportation
for their upcoming project to widen Highway 16 between S. Stone Bridge Rd. and S. Roberts Rd.
Arkansas Department of Transportation time limitations require that we must obtain signed easements or Court ordered possessory rights
for every necessary prior to approving construction contracts in early February 2024. Therefore, we will have to ask the Fayetteville City
Council on January 2, 2024 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. In years
past, 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, the City 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 counteroffer of $10,500 as per the professional appraisal for this vital easement across your property now to help
us ensure continued service to residential and business consumers needing sufficient water to drink, bathe, wash, and operate; and to
provide our firefighters with sufficient firefighfing water.
The waterfsewer 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 tlocument, 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 Ora Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided forthis purpose,
but we will provide another copy upon your request.
A 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 Cassie Elliott at 479-531-8897 (cessie@viaionaw lest n�) For engineering questions or concems,
please contact Andrew Stephens, Project Engineer, 479-443-2377, asiepnensamce.us.com or Corey Grandemon, Utilities Engineer at
(M_mnderso00f tt iIIe-ar ).
With kindest regards,
LandAgent
visionary Milestones, Inc.
PO Box 486
Siloam Spnngs, AR 72761
Eric
,.a
113 MOStreet
Fayetteville,
AIR
72707 www.fayetteville-ar.gov
File: 23-017
Location:
Fee Own eqS)'
3220 E•
County: Washington Tract
Huntsville Road, Fayetteville 02
Address:
AR 72701
RamY Gatie and Lindsey Schaefer
Phone:
N/A E.
N/A
Huntsville Road, Fayetteville AR 72701
Temant(S):
N/A
Area Of Remainder: 128,502+/- sq. ft. -Permanent E
Area Of Acquisition: 128,502+/- sq, ft. Tem o t(s) 9,541 .
0 +/- sq. ft P m Y E�asemenme^(s): ,541 +/+/. SF
SF
ESTIMATED '?AIRMKE
ART VALUE OF THE PROPERTY
Land: Before
128,502+/_ SF $2.1
Site Imvepromen � $2•! 0 (Rounded)
is Within Acquisition: $
Total:$ 269,900
N/A
Land: 128,502+After
$ 269,90o
Q°
Improvements; $ 2.02 (Rounded)
Tom: $ 259,900
$ 0
FAIR MARKET VALUE OF ACQUISITION:
$ 259,900
Temporary Construction Easement: Rental Value
$ 10,000
Total Compensation as of.. November 13, 2023 $ 500
Land: ALLOCATION OF COMPENSATION S 10,500
Permanent Easement;
Temporary Easement: Rental Value $
Site Improvements$ 0
Damage within Acquisition: 10,000
Remainder Land: $ 50o
Cost to Cum Items: $ 0
$ 0
Total Compensation; $ 0
S — lOLOU
``+„paMuAPY
aQJ�71Pry
g STATE c�
Stuart SandersG1738 GE
Ontime , CI�-
Appraisals, Inc. `3y'•.-CGt728 .:qte
Parcel No. 78&0. 82'xl�-ODD
Tract No. 2
WATERISEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE, Remy Gatie and Lindsey Marie Schaefer, 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, ra
SELL and CONVEY unto the City of
Fayetteville Arkansas, a municipal corpotion, 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: (as shown in deed record 2022-00003631 and 2021-00046200)
Part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section Thirteen (13),Township
Sixteen (18) North, Range Thirty (30) West, Washington County, Arkansas, antl being more particularly described
as follows, to wit: Beginning at a point which S 1767.5 feet East of the Northwest comer of the South half (S1/2) of
the Southwest Quarter (SW114) of said Section Thirteen (13) and running thence South 01 degrees 01 minutes
East rl8 feet to the center line of State Highway 16, thence North 74 tlegrees 16 minutes East along said highway
centerline 114 feet, thence North 01 degrees 01 minutes West 858 feet to the forty line, thence West 110 feet to
the point of beginning, containing 2.20 acres, more or less.
And also
Part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section Thirteen (13), Township
Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas and being more particularly described
as beginning at a point 629.96 feet West and 820 feet North of the SE corner of said 40 acre tract, thence West
100 feet; thence South 358 feet, more or less, to a point in the centedine of State Highway 16, thence following
said centerline in a northeastwardy direction to a point that is due South of the point of beginning, thence North to
the point of beginning.
PERMANENT EASEMENT DESCRIPTION:
Part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW7/4) of Section 13, Township 16 North,
Range 30 West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the southwest comer of said SE1/4; thence along the south line of said SE1/4, S 87-1716" E -
489.88 feet; thence leaving said south line. N 01 °33'07" E - 515.41 feet to a point on the GrentoYs west line,
and c the Point of Beginning (POB 06'47" thence continuing along said west line, N 01°33'07" E -21.70 feet;
thence leaving said west line, N 76°O6'47" E - 211.47 feet; thence S 86°18'44" E - 7.90 feet to the Grantor's east
line; thence along said east line, S 01040785 W - 30.69 feet to the proposed north Right -of -Way (ROW) of
Arkansas Highway 16 (ARDOT Job #040785); thence leaving said east line S 23°39'25" W- 46.03 feet along said
ROW; thence continuing along said north line, S 82°53'27" W - 83.99 feet; thence leaving said north line, N
01 °26'S7" E - 22.28 feet; thence S 87°38'58" W - 26.39 feet; thence along a tangent curve to the left, an arc
distance of 86.01 feet, said curve having a radius of 577.96 feet, and a chord bearing and distance of S 83'23'10"
W - 85.93 feet; to the Point of Beginning (POB ESMT), containing 9,541 sq. ft., or 0.22 acres.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
Part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section 13, Township 16 North,
Range 30 West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the southwest corner of said SE1/4; thence along the south line of said SE1/4, S 87-17'16" E -
489.88 feet; thence leaving said south line, N 01°33'07" E - 537.11 feet to a point on the Grantor's west line,
and to the Point of Beginning (POB TCE); thence along said west line, N 01 °33'07" E - 10.37 feet;
thence leaving said west line, N 76°06'4T' E - 210.25 feet; thence S 86°18'44" E - 9.05 feet to the Grantor's east
line; thence along said east line, S 01 °26'57" W - 10.01 feet;
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 the
Ramy Gade
day of
Lindsey Mane Schaefer
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF ) ss.
2023.
BE IT REMEMBERED, that on this date, before the undersigned, a duty commissioned and acting Notary Public
within and for said County and State, personalty appeared Remy Gatie and Lindsey Marie Schaefer, 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
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LEGEND
765-02=6 W1 TAX PARCEL NUMBER
��- PROPOSED RIGHT-OF-WAY
MZW3631 DEED RECORD
[� _�— PROPOSED UTILIY EASEMENT
— SI —EXISTING PROPERTY LINE _ _ PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARRINGS:INGS:ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 831 NORTH ZONE. (NOT A PLAT OF SURVEY)
I HWY 16 UTILITY RELOCATIONS M=EULIND
EXHIBIT "A" FAYETTEVILLE, AR CONSULTING
MAR -02 ENGINEERS, INC.
WT[E. MMY&SCRAE.R, lINDSEY MAUE I FpY[l1EV -1 1
AN RENT AND STORE LLC
Tract No. 10
CITY OF
FAYETTEVILLE
ARKANSAS
December 5, 2023
J & N Rent and Store
Mr. & Mrs. Nathan Harris
18758 Duncan Road
Fayetteville, AR 72701
RE: Hwy 16 East Utility Relocation
Parcel Nos. 765-14262-000 Tract 10
Offerto Purchase Easement
Dear Mr. & Mrs. Harris:
The City of Fayetteville needs to promptly relocate water and sewer utilities, as required by the Arkansas Department of Transportation
for their upcoming project to widen Highway 16 between S. Stone Bridge Rd. and S. Roberts Rd.
Arkansas Department of Transportation time limitations require that we must obtain signed easements or Court ordered possessory rights
for every necessary prior to approving construction contracts in early February 2024. Therefore, we will have to ask the Fayetteville City
Council on January 2, 2024 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. In years
past, 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, the City 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 counteroffer of $4.000 as per the professional appraisal for this vital easement across your property now to help us
ensure conOnued service to residential and business consumers needing sufficient water to drink, bathe, wash, and operate; and to
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 dowment 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 Ora Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided forthis purpose,
but we will provide another copy upon your request.
A Land Agent will be glad to meet with you at your convenience and dismiss all phases of this project and the associated easements and
acquisitions, please contact Cassie Elliott at 479-531-8897 (cassio(d)visionarvmilestones com). For engineering questions or concerns,
please contact Andrew Stephens, Project Engineer, 479-443-2377, astephens(Mrince.us.com or Corey Granderson, Utilities Engineer at
(carandersongltyetteville-ar ov).
With kindest regards,
Cassie Elliott, Land Agent
Visionary Milestones, Inc.
PO Box 486
Siloam Springs, AR 72761
Enc
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
File: 23-023 County: Washington Tract
10
Location: 3530 E. Huntsville Road, Fayetteville AR 72701
Fee Owner(S): 1&N Rent and Store
Address: 18758 Duncan Road, Fayetteville AR 72701
Phone: N/A
Tenant(S): N/A
Area Of Whole: 180,774+/- sq. ft. Permanent Easement(s):
3,611+/- SF
Area Of Remainder: 180,774+/- sq. ft. Temporary Easement(s):
1,444+- SF
Area Of Acquisition: 0 +/- sq. ft
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY
Before
Land: 180,774+/- SF @ $2.03 (Rounded) $
367,000
Site Improvements Within Acquisition: $
N/A
Total:
$
367,000
After
Land: 180,774+/- SF @ $ 2.00 (Rounded) $
363,300
Improvements: $
0
Total:
$
363,000
FAIR MARKET VALUE OF ACQUISITION:
$
3,700
Temporary Construction Easement: Rental Value
$
300
Total Compensation as of: November 13, 2023
$
4,000
ALLOCATION OF COMPENSATION
Land:
$
0
Permanent Easement:
$
3,700
Temporary Easement: Rental Value
$
300
Site Improvements within Acquisition:
$
0
Damage to Remainder Land:
$
0
Cost to Cure Items: $ 0
Total Compensation: $ 4,000
CEF TIFIEa
Stuart Sanders, CGI 738 •��,rG•, CG7788:��a
Ontime Appraisals, Inc. ''.�99j;'•-'t'•'�9�.`�
Parcel No. 76514262-000
Tract No. 10
WATERISEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS
THAT J & N Rent and Store, 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 acknowled gadd oes hereby GRANT, SELL and CONVEY unto the City
of Payettevllle, Arkansas, a municipal corporation, hereinafter celletl 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 antl/or sanitary sewer pipe line or lines, manholes, grantee owned fiber optic equipment and appurtenances thereto,
on, over, across, and under the following descnbed land situated in the County of Washington, State of Arkansas, to -wit:
PP13OPERTY DESCRIPTION: (Deed Record 2016-00035843)
A part of the SW 1/4 of the BE 114 of Section 13, Township 16 North, Range 30 West, Washington County,
Arkansas, More particularly described as follows:
Commencing at the Northwest corner of said SW 1/4 of the BE 114; thence along the North line of said SW 114 of
the BE 1/4 N87'14'05"W 546.01 feet to the point of bbeegoinning; thence departing saitl North line S02°45'33"W
667.36 feet to the found iron pin, thence N87'l V35W 10f.11 feet to a found iron pin; thence S02-30'44W 167.08
feet to a railroad spike found on the North right-of-way line of E. Huntsville Road/ Arkansas State Highway No. 16
(80R/W); thence along said North right-of-way line N 77"14'22" W 144.76 feet to a found iron pin; thence departing
said North right-of-way line NO2`47'30"E 809.24 feet to the North line of said SW 1 / 4 of the BE 1 / 4; thence along
said North line S87°14'05"E 242.49 feet to the point of the beginning, containing 4.22 acres, more or less. Subject
to any easements, covenants or restrictions of record or fact
PERMANENT EASEM NT DESCRIPTION:
Part of the Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) of Section 13, Township 16 North, Range 30
West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the southwest comer of said SW1/4; thence along the south line of said SWIM, S 87"04'14" E - 520.54
feet; thence leaving said south line, N 02"55'46" E - 530.52 feet to a point on the Grantor's west line, and to the Point of
Beginning (POB ESMT); thence continuing along said west line N 02"55'02" E - 25.37 feet; thence leaving said west line
S 77"16'09" E - 4.32 feet; thence S 77"15'37' E - 57.46 feet; thence S 77"2747" E - 22.49 feet thence S 77°19'02" E -
60.19 feet to a point on the Grantor's east line; thence along said east line, S 02"38'32" W - 25.39 feet to the proposed
north Right -of -Way (ROW) of Arkansas Highway 16 (ARDOT Job #040785); thence leaving said east line, along said
0 op sed north ROW, N 77°19'02" W- 144.58 feet; to the Point of Beginning (POB ESMT), containing 3,611 sq. ft., or
T MPORARY CONSTRUCTION AND GRADING EAS MENT DESCRIPTION:
Part of the Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) of Section 13, Township 16 North, Range 30
West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the southwest corner of said SWt/4; thence along the south line of said SW1/4. S 87°04'14" E - 520.54
feet; thence leaving said south line, N 02'55'46" E - 555.89 feet to a point on the Grantor's west line,
and to the Point of Beginning (POS TCE); thence continuing along said west line, N 02`57'38" E - 10.15 feet;
thence leaving said west line, S 77°16'09" E - 6.04 feet; thence S 77"15'37" E - 57.44 feet; thence S 77°2747" E - 22.49
feet; thence S 77"19'02" E - 58.43 feet to the Grantor's east line; thence along said east line, S 02`38'32" W -10.16 feet;
thence leaving said east line, N 77°19'02" W - 60.19 feet; thence N 77°27'47" W - 22.49 feet thence N 77015'3T' W -
57.46 feet thence N 7716109" W -4.32 feet; to the Point of Beginning (POB TCE), containing 1,444 sq. ft., or 0.03 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 day of , 2023.
J & N RENT AND STORE, LLC, an Arkansas limited liability
company
By:
Jody Harris, Manager
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON 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 Jody Harris, to u wslimlown as the person who executed
the foregoing document, and who stated and acknowledged that she is a Manager of J & N Rem and Store, LLC, an
Arkansas limited liability company, and is duly authorized in her capacity to execute the foregoing instrument for and In
the name and be
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
I
I I .o �//z�o 4�0
SCALE
I I /
/
/
I I I
SW/SE
13-16-30
I /
/
I / /
/ I
/ I
(577° 16' 09"E-4.32' m• ]r rrE•u.a9' 0 to
/ S77°2747"E-22.49'�1 ro.o9 n�G�
NO3°ST 9R•E-lO.IS_ �
_ I Poe T(E S7h �! >a4•
V � \\ 1537•gs�
POB ESMT
SS>°
SW CORNER
SW} SE}
SECTION 13
ESMT 10
3611 SQ. FT.
0.08 AC.
LEGEND
\"""",j —502° 38' 32"W-2539' ems\\
766-14M2-000 TAX PARCEL NUMBER MpJ/�Jry�OM�
I6136143 DEED RECORD M .B PROPOSED RIGHT-OF-WAY
— — —EXISTING PROPERTY LINE E=�=— PROPOSED UTILITY EASEMENT
PROPOSED TEMP.
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 0, NORTH ZONE. (NOTAPLATT OF SURVEY)ST. EASEMENT
EXHIBIT "A" I HWY 16 UTILTTY RELOCATIONS I ////n N6CL ND
FAYETTEVILLE, AR I//L�. cGNSULRNG
MAP ®ENGINEERS, INC.
REN
T 1'MLPSBR °. Si4R15 n.
BN M ANDD ST SfOf1E LLC
FREDERICK FAMILY REVOCABLE LIVING TRUST
Tract No. 19
as
CITY OF
FAYETTEVILLE
ARKANSAS
December 5, 2023
Frederick Family Revocable Trust
233 Rhodes Drive
West Fork, AR 72774
RE: Hwy 16 East Utility Relocation
Parcel Nos. 765-14254-000 & 765-14265-000 Tract 19
Offer to Purchase Easement
Dear Mr. & Mrs. Frederick:
The City of Fayetteville needs to promptly relocate water and sewer utilities, as required by the Arkansas Department of Transporta0on
for their upcoming project to widen Highway 16 between S. Stone Bridge Rd. and S. Roberts Rd.
Arkansas Department of Transportation time limitations require that we must obtain signed easements or Court ordered possessory rights
for every necessary prior to approving construction contracts in early February 2024. Therefore, we will have to ask the Fayetteville City
Council on January 2, 2024 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. In years
past, the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -of -way. To ensure theseo
projects could be built timely, the City Council had to authorize many condemnations for these projects. However, the City 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 offer of $8,500 as per the professional appraisal for this vital easement across your property now to help us ensure
continued service to residential and business consumers needing sufficient water to drink, bathe, wash, and operate; and to provide our
firefighters with sufficient firefighting water.
The watedsewer 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 prompty. 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. AW-9 was provided for this purpose,
but we will provide another copy upon your request.
A 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 Cassie Elliott at 479-531-8897 (cassierawsion m'I to co 1. For engineering questions or concerns,
Please contact Andrew Stephens, Project Engineer, 479-443-2377, aste hen ai:mc astephensai:mce.us.com or Corey Granderson, Utilities Engineer at
(, anderso 4Dfavctle vile- ).
With
kindest regards,
�T ^
uYJ� �/
Cassie Elliott, Land Agent
Visionary Milestones, Inc.
PO Box 486
Siloam Springs, AR 72761
Eric
113 W. Mountain Street
Fayetteville, AR 72701 wwW.fayetteville-ar.gov
File: 23-021
County: Washington Tract
Location:
Fee Owner(S):
3539 E. Huntsville Road, Fayetteville AR 72701 19B
Frederick
Family Revocable Living Trust
Address:
Phone:
3539 E. Huntsville Road, Fayetteville AR 72701
N/A
Tenant(S): N/A
Area Of Whole: 43,560+/- sq. ft. Permanent Easement(s):
Area Of Remainder: 43,560+/. sq. ft. Temporary Easern m(s):
Area Of Acquisition: 0+/. sq. ft
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY
Before
Land: 43,560+/- SF @ $2.83 (Rounded) $
Site Improvements Within Acquisition: 123,300
Total:
$ N/A
After
Land: 43,560+/- SF Q $ 2.74 (Rounded) $
Improvements: $
Total:
FAIR MARKET VALUE OF ACQUISITION:
Temporary Construction Easement: Rental Value
Total Compensation as of: November 13, 2023
ALLOCATION OF COMPENSATION
Land:
Permanent Easement:
Temporary Easement Rental Value
Site Improvements within Acquisition:
Damage to Remainder Land:
Cost to Cure Items
Total Compensation:
Fa APYq
g Cea71tY�J
:' STATE
__° ? CEAYIF7I:D
y' Stuart Sanders, CGI738 CG178QEPIERAL
8
Ontime Appraisals, Inc. ,'%•' •....
119,200
0
+/. SF
N/A
123,300
119,200
4,100
4,100
$
0
S
4,100
$
0
$
0
$
0
$
0
$
4100
File: 23.020 County: Washington Tract
Location: 3539 E. Huntsville Road, Fayetteville AR 72701 19A
Fee Owner(S): Frederick Family Revocable Living Trost
Address: 3539 E. Huntsville Road, Fayetteville AR 72701
Phone: N/A
Tenant(S): N/A
Area Of Whole: 43,560+/- sq. ft. Permanent Easements()
Area Of Remainder: 43,560+/- sq. ft. Temporary 3,283 +/- SF
Area Of Acquisition: 0 +/- sq. ft q p rary Easement(s): N/A
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY
Before
Land: 43,560+/- SF @ $2.69 (Rounded) $ 117,200
Site Improvements Within Acquisition: $ N/A
Total:
$ 117,200
After
Land: 43,560+/- SF @ $ 2.59 (Rounded) $
112,800
Improvements: $
Total:
0
$
112,800
FAIR MARKET VALUE OF ACQUISITION:
$
4,400
Temporary Construction Easement: Rental Value
$
Total Compeasation as of : November 13, 2023
$
4,400
ALLOCATION OF COMPENSATION
Land:
Permanent Easement:
$
0
Temporary Easement: Rental Value
$
4,400
Site Improvements within Acquisition:
$
0
Damage to Remainder Land:
$
0
$
0
Cost to Cure Items:
$
0
Total Compensation:
_ $
4,400
_ ^I n ,aaumm�yr
c Fa Arp
p J = STATE
g 3; CEMIF1ED
GENERAL
Stuart Sanders, CG1738 ? a.�y�• CG1738
Ontime Appraisals, Inc. ' �'�.,:`qe� ••-•-•_,
Parcel No. Tract No. 19Z65-14J50.ppp & 765-14265-000
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE, Loy Harley Fredericl
of the Frederick Family Revocable L
hereinafter called GRANTOR, for and in
($1.00) and other aood and
and unto Grantee's successors and t
temporary construction and grading ea:
inspect, enlarge and/or operate a water
manholes, grantee owned fiber optic ec
over, across, and under the following c
Washington, State of Arkansas, to -wit:
and Paulette Sue Frederick, Trustees
wing Trust dated January 20, 2021,
=siderstion of the sum of One Dollar
ideration, the receipt of which is hereby
ELL and CONVEY unto the City of
mration, hereinafter called GRANTEE,
signs, a permanent easement and a
ment to construct, lay, remove, relay,
nd/or sanitary sewer pipe line or lines,
pment and appurtenances thereto, on,
scribed land situated in the County of
PROPERTY DESCRIPTION: (as shown in deed record 2021-00008265)
I_1
4) OF THE SOUTHEAST QUARTER (SE %) OF SECTION
RTH, RANGE THIRTY (30) WEST, AND BEING MORE
WIT: BEGINNING AT A POINT WHICH IS FIVE HUNDRED
EAST CORNER OF SAID FORTY (40) ACRE TRACT, AND
WEN (107) FEET; THENCE NORTH FOUR HUNDRED
DF STATE HIGHWAY NO. SIXTEEN; THENCE RUNNING
)F WAY TO A POINT THAT IS DUE NORTH OF THE POINT
LESS.
AND
PART OF THE SW %a OF THE BE Y4 OF SECTION 13, TOWNSHIP 16 NORTH, RANGE 30 WEST, DESCRIBED
AS BEGINNING 10.335 CHAINS (682.11 FEET) EAST OF THE SW CORNER OF SAID 40 ACRE TRACT, AND
RUNNING THENCE NORTH 6.98 CHAINS(460.68 FEET) OR TO THE CENTERLINE OF HIGHWAY NO. 16, AS
NOW LOCATED, AND RUNNING THENCE WEST BEARING NORTH WITH THE CENTERLINE OF SAID
HIGHWAY NO. 16 TO A POINT DUE NORTH OF A POINT WHICH IS 1.39 CHAINS (91.74 FEET) WEST OF
THE POINT OF BEGINNING, THENCE SOUTH 7.08 CHAINS (476.28 FEET) TO THE SOUTH LINE OF SAID 40
ACRE TRACT, THENCE EAST 1.39 CHAINS (91.74 FEET) TO THE POINT OF BEGINNING, CONTAINING 1
ACRE, MORE OR LESS, LESS AND EXCEPT THAT PART EMBRACED IN HIGHWAY NO. 16 RIGHT OF WAY.
PERMANENT EASEMENT DESCRIPTION "A":
Part of the Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) of Section 13, Township 16 North, Range 30
West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the southeast comer of said SW1/4; thence along the south line of said SW1/4, N 87"04'14" W - 531.42
feet; thence leaving said south line, N 02'52'03" E - 331.14 feet to a point on the Grantor's east line, and to the Point of
Beginning (POB ESMT A); thence leaving said east line, N 75"04'47" W - 109.44 feet; thence N 02°52'03" E - 30.68 feet
to the proposed south Right -of -Way (ROW) of Arkansas Highway 16 (ARDOT Job #040785); thence along said proposed
ROW, S 75-04-47" E - 109.44 feet to the Grantor's east line; thence leaving said proposed ROW, S 02°52'03" W - 30.68
feet along said east line; to the Point of Beginning (POB ESMT A), containing 3,283 sq. ft., or 0.08 acres.
PERMANENT EASEMENT DESCRIPTION "B":
Part of the Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) of Section 13, Township 16 North, Range 30
West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the southeast comer of said SW1/4; thence along the south line of said SW1/4, N 87-04'14" W- 531.42
feet; thence leaving said south line, N 02'52'03" E - 331.14 feet to a point on the Grantor's east line; thence leaving said
east line, N 75"04'47" W - 109.44 feet to the Point of Beginning (POB ESMT B); thence, N 75°04'47" W- 95.76 feet to the
Grantors west line; thence along said west line, N 02"34'27" E - 30.71 feet to the proposed south Right -of -Way (ROW) of
Arkansas Highway 16 (ARDOT Job #040785); thence leaving said west line, S 75°04'47" E - 95.93 feet, along said
proposed ROW; thence leaving said proposed ROW, S 02'52'03" W - 30.68 feet; to the Point of Beginning (POB ESMT
B), containing 2,875 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 light 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.
tion
above
granted. All coven nts and agreements heerein contbeing
ainetl haaid to llllll entor xtend to and be binding full
upon the respection of tive heirs, legaht l
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 day of , 2023.
Loy Harley Frederick, Co -Trustee of the Frederick Paulette Sue Frederick, Co -Trustee of the
Frederick Family Revocable Living Trust Frederick Family Revocable Living Trust
dated January 20, 2021 dated January 20, 2021
ACKNOWLEDGMENT
STATE OF ARKANSAS j
COUNTY OF as.
BE IT REMEMBERED, that on this data, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally Loy Harley Frederick and Pauletta Sue Frederick, Trustees of the Frederick
Family Revocable Living Trust dated January 20, 2021, 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
V_ I `qq NWY
JfLII,
NO2° 34' 2]"E-30.71' SJS° 2w
\ \ \ \ \ � 9J+f95.93'(c, \
ESMT 198 \
2875 SQ. FT.\\\\
i 0.07 AC.
NJSo\�
S02° 52' 03'W-30.68'
I
I
765-14254-000
I
I
� I
I
RQy
_ D zo\ - 40
sCAL
NO2° 52' 03"E-30.68'
\ \ \ SJ�0q,gJ^E,1p\�
\\\\ \ ESMT I9A \\\
\ \ \ 3283 SQ. FT.\ \ \ \ \
\0\8\ . \\\\\
1
`POB ESMT B
SW/SE
13-16-30
LEGEND
765-14265-000
\`502° 52' 03"W-30.1
`POB ESMT A
SE CORNER
SW'y SEzB,
SECTION 13
T36N/R30W
765-1425A-uw —TAX PARCEL NUMBER
���
PROPOSED RIGHT-OF-WAY
202V8265
DEED RECORD
PROPOSED UTILITY 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)
EXHIBIT "A..
HWY 16 UTILITY RELOCATIONS
FAYETTEVILLE, AR
�MXLE ND
CONSULTING
—ENGINEERS INC.
MAP
T a19
FREDERICK FPMILY REWCABIF MING TRUST
IRRE. F Xs sr.
FAttTEVluFr na7xma
Y_1
MITCHELL, ROGER DALE
Tract No. 23
CITY OF
FAYETTEVILLE
ARKANSAS
December 5, 2023
Roger Dale Mitchell
4125 E Huntsville Road
Fayetteville, AR 72701
RE: Hwy 16 East Utility Relocation
Parcel Nos. 765-13090-000 & 765-130W000 Tract 23
ONerto Purchase Easement
Dear Mr. Mitchell:
The City of Fayetteville needs to promptly relocate water and sewer utilities, as required by the Arkansas Department of Transportation
for their upcoming project to widen Highway 16 between S. Stone Bridge Rd. and S. Roberts Rd.
Arkansas Department of Transportation time limitations require that we must obtain signed easements or Court ordered possessory rights
for every necessary prior to approving construction contracts in early February 2024. Therefore, we will have to ask the Fayetteville City
Council on January 2, 2024 to authorize condemnations on every parcel that we have not yet received a properly signed easemem.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. In years
Past, 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 timey, the City Council had to authorize many condemnations for these projects. However, the City 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 offer of $2,100 as per the professional appraisal for this vital easement across your property now to help us ensure
continued service to residential and business consumers needing sufficient water to drink, bathe, wash, and operate; and to 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 Clty 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 Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the assocated easements and
acquisitions, please contact Cassie Elliott at 479-531-8897 (cassifievis onarymilestones com). For engineering questions or concerns,
please contact Andrew Stephens, Project Engineer, 479-443.2377, asteohens(Mmce us cem or Corey Granderson, Utilities Engineer at
rantl rson fa etteville-ar. ov .
Wdh kindest regards
CaAt
�1
Casale Elliott, Land Agent
visionary Milestones, Inc.
PO Box 486
Siloam Springs, AR 72761
Eno
enmg waaress:
113 W. Mountain Street
Fayetteville, AR 72701 Www.fayetteville-ar.gov
File: 23-018 County: Washington Tract
23
Location: 4125 E. Huntsville Road, Fayetteville AR 72701
Fee Owner(S): Roger, Theta, Steven, Kathryn and Alva Mitchell, Melanie White
and Britany
Walker
Address: 4125 E. Huntsville Road, Fayetteville AR 72701
Phone: N/A
Tenant(S): N/A
Area Of Whole: 64,992+/- sq. ft. Permanent Easement(s):
1,356+/- SF
Area Of Remainder. 64,992+/- sq. ft. Temporary Easement(s):
1,079+.. SF
Area Of Acquisition: 0 +/- sq. ft
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY
Before
Land: 64,992+/- SF Q $2.62(Rounded) $
170,300
Site Improvements Within Acquisition: $
N/A
Tom:
$
170,300
After
Land: 64,992+/- SF ® $ 2.59 (Rounded) $
168,500
Improvements: $
0
Total:
$
168,500
FAIR MARKET VALUE OF ACQUISITION:
$
1,800
Temporary Construction Easement: Rental Value
$
300
Total Compensation as of : November 13, 2023
$
2,100
ALLOCATION OF COMPENSATION
Land:
$
0
Permanent Easement:
$
1,800
Temporary Easement: Rental Value
$
300
Site Improvements within Acquisition:
$
0
Damage to Remainder Land:
$
0
Cost to Cure Items:
$
0
Total Compensation:
$
2,100
STATE '¢s, s
CERTIFIED M
GENERAL ie
Stuart Sanders, CG1739 u� CG9738 wr
�� 9TrN..... �.
Parcel N0. 7785-1309000 .0 8 7eg13098-000
Tied No. 23
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE. Roger
Mitchell, Jo Steven R.Mitchell, Kathryn Te esM-rtchell, ManieA n hell Theta
AI RaMitchell, Jr.,
and Brittany Dawn Mitchell Walker, 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: (as shown in deed record 2007-00013531
Part Twe of the West Hat (W1/2) of the Northwest Quarter (NW1/4) of Section Nineteen (19), Township Sixteen (16) North, Range
e Northeast
mmeryof the(Southwst mmeWest at the 5 (SW1/4) of the NorthweP.M., described as st Quarter ( at aNWi/4) thence Wesoint 315 feet West t 149nd 104 feet; then South North to the South line of State Highway No. 16, thence Southeasterly with said highway to a point due North of the beginning, thence South to the
Point of Beginning, less and except the following described tract: Beginning 440 feet West and 30 feet South of the Northeast
comer of the SW % NW % of said section and running thence South 30 feet; thence West 24 feet; thence North to the South
line of said highway; thence Southeast with said highway 130 feet; thence Southwest to the point of beginning.
AND
Part of the Fractional West Half (Fri W1/2) of the Fractional Northwest Quarter (Fd. NW1/4) Section Nineteen (19), Township
Sixteen (16) North, Range Twenty-nine (29) West, more partioulady described as follows, to-wt: Beginning at a point four
hundred forty (440) feat West and thirty (30) feet South of the southeast comer of the Fractional Northwest Quarter (Fri. NW %)
of the Fractional Northwest Quarter (Fri. NW %) of said Section, and running thence West twenty-four (24) feet, Thence North
to south line of right of way of Highway No. 16, thence Southeast along said right of way one hundred thirty (130) feet, thence
Southwest to the place of beginning.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 19, Township 16 North,
Range 29 West, Washington County, Arkansas, being more particularly described as follows:
Commencing 8 the southeast comer of said NW1/4; thence along the south line of said NW1/4, N 86°11'10" W -
310.43 feet; thence leaving said south line, N 02°53'41" E - 225.68 feet to a point on the Grantor's east line, and to the Point of Beginning (POB ESMn thence leaving said east line, N 53°14'01" W - 71.53 feeF thence N 05°02'05" W - 24.14 feet to the south Right -of -Way (ROW) o(Arkansas Highw 16; thence along said ROW, S 53°53'53" E - 74.96 feet tothe Grantor's east line; thence leaving said ROW, S 02�53'41" W - 22.72 feet along said east line; to the Point of Beginning (POB ESMT), containing 1,356 aq. ft., or 0.03 acres.
TEMPORARY CONSTRUCTION AND GRADING EA EMENT DESCRIPTION:
Part of the Northwest Quarter (NW1/4) of the
Range 29 West, Washington County, Arkansas,
Commencing at the southeast comer of said N)
310.43 feet; thence leavingg said south line, N 02
the Point of Beginning (POB TCE); thence leavi
W - 37.35 feet to the south Right -of -Way (ROW,
- 13.28 feet; thence leaving said ROW, S 054
Grantor's east line; thence along said east line,
containing 1,079 sq. ft., or 0.02 acres.
west Quarter (NW1/4) of Section 19. Township 16 North,
more particularly described as follows:
hence along the south line of said NW114, N 86-11'10" W -
" E - 213.64 feet to a point on the Grantor's east line, and to
d east line, N 53'14'01" W - 82.71 feet; thence N 05°02'05"
ransas Highway 16; thence along said ROW, S 53°53'53" E
E - 24.14 feet; thence S 53°14'01" E - 71.53 feet to the
i3'41" W_ 12.04 feet to the Point of Beginning (POB TCE),
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.
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 pi es, 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 fime 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 Grantors 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 parry 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 C.G�-Y 1 CN WYJ", 2023.
KogerwaleMfich
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF Pynff�-� ) ) as.
IT
that
Public
within and Eor said County and State, perrsonally, Rogern this data re the Dale Mitchell, gtoame well known s the person(soned and ) who executed the
foregoing document, and who stated and acknowledged that he/shetthey had so signed, executed and delivered said
instrument for the consideration, uses and purposes therein menntiti+++o���need��Iand
"""set
'''forth.
WITNESS my hand and seal on this —20 " day of � 023.
,�
Notary Public
MY COMMISSION EXPIRES:
2-15 -2tJ -.:o
Theta Jo Mitchell
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF ss.
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
the foregoing document and who stand ated acknowledged than she ha Joid itcsol signed, exll known as the ecutd and delivered said instrumrson who ent 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:
Steven Ray Mitchell
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF
BE IT REMEMBERED, that on this date, before the undersigned, a duty commissioned and acting Notary Public
within and for said County and State, personally appeared, Steven Ray Mitchell, 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 .2023.
Notary Public
My COMMISSION EXPIRES:
Kathryn Teresa Mitchell
ACKNOWLEDGMENT
STATE OF ARKANSAS
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, Kathryn Teresa Mitchell, to me well known as the person who
executed the foregoing document, and who 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.
Notary Public
MY COMMISSION EXPIRES'
Melanie Ann White
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF as.
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, Melanie Ann White, to me well known as the person who
executed the foregoing document, and who 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.
Notary Public
MY COMMISSION EXPIRES:
Alva Ray Mitchell, Jr.
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF as.
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, Sandra Lee Mitchell, as custodian under the Uniform Transfer to
Minor Act for Alva Ray Mitchell, Jr., Minor, to me well known as the person who executed the foregoing document, and who
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.
Notary Public
MY COMMISSION EXPIRES:
Brittany Dawn Mitchell Walker
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF as.
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and actin gg Notary Public
within and for said County and State, personally appeared, Sandra Lee Mitchell, as custodian under the Unrform Transfer to
Minor Act for Brittany Dawn Mitchell, Minor, to me well known as the person who executed the foregoing document, and who
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.
Notary Public
MY COMMISSION EXPIRES:
\ I\
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19-16-29 /
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53' 53"E-74.96'
ESMT 23
1356 SQ. FT.
0.03 AC.
—S02` 53-
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rC� r�SD2°53'41R4-13.W
SE CORNER \
NW}NW} `\
SECTION 19
T16N/R29W
LEGEND
76S13D9 WO —TAX PARCEL NUMBER ��— PROPOSED RIGHT-OF-WAY
W07/13531 DEED RECORD C•- "-�— PROPOSED UTILITY EASEMENT ... _3
— — —EXISTING PROPERTY LINE PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
HWY 16 UTILITY RELOCATIONS m su"LuZGD
EXHIBIT "A" FAYETTEVILLE, AR CONSULTIN
Nqp—ENGINEERS INC.
TRAR23 aT
0. DRLE EnvE]1EVILLSHo sTM yT.
MRCXELL.RWEe,taRID3
ROBERTS, DORIS FAYE TRUST
Tract No. 26
CITY OF
FAYETTEVILLE
ARKANSAS
December4, 2023
Eldon Roberts, Trustee
Doris Faye Roberts Trust
4199 E Huntsville Road
Fayetteville, AR 72701
RE: Hwy 16 East Utility Relocation
Parcel Nos. 765.13091-000 Tract 26
Offer to Pomhase Easement
Dear Mr. Roberts:
The City of Fayetteville needs to promptly relocate water and sewer utilities, as required by the Arkansas Department of Transportation
for their upcoming project to widen Highway 16 between S. Stone Bridge Rd. and S. Roberts Rd.
Arkansas Department of Transportation time limitations require that we must obtain signed easements or Court ordered possessory rights
for every necessary prior to approving construction contracts in early February 2024. Therefore, we will have to ask the Fayetteville City
Council on January 2, 2024 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. In years
past, 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, the City continued
negotiations and only once did any condemnation actually have to be decided in a trial. There is a b prochure enclosed explaining the
rocess.
Please accept our counteroffer of $27,555 (appraised at $9,300) for this vital easement across your property now to help us ensure
continued service to residential and business consumers needing sufficient water to drink, bathe, wash, and operate; and to 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. AW-9 was provided for this purpose,
but we will provide another copy upon your request.
A 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 Cassie Elliott at 479-531-8897 (cass eiio m I
questions or mricarn
please contact Andrew Stephens, Project Engineer, 479-443-2377, asteo-- h ns®rru•to s m or Corey com). For engineering
andarson, Utilities Engineer at
(care dersonroji ftevillear aovl.
With
�®
kindest regards, y�(\]�4
Cassie Elliott, Land Agent
Visionary Milestones, Inc.
PO Box 486
Siloam Springs, AR 72761
Eric
riaumg Aaaress:
113 W. Mountain Street www.fayettevllle-angov
Fayetteville, AR 72701
File: 23-026
County: Washington Trot
Location: 4199 E. Huntsville Road, Fayetteville AR 72701 26
Fee Owner(S): Doris Roberts Trust
Address: 4199 E. Huntsville Road,
Phone: N/A Fayetteville AR 72701
Tenant(S): N/A
Area Of >rs r :+/- sq, ft. Permanent Easement(s):
Remainder: 99.317+/_ 7,881 +/- SF
Area Of Acquisition: 0 +/- sq. ft� ft. Temporary Easement(s): 1,81 +/- SF
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY
Before
Land: 99,317+/- SF
Site Improvements Within Acquisition:
$
223,500
Total: $ N/A
After $ 223,500
Land: 99,317+/- SF @ $ 2.16 (Rounded)
Improvements: $ 214,600
Total: $ 0
FAIR MARKET VALUE OF ACQUISITION: $ 214,600
Temporary Construction Easement: Rental Value $ 8,900
Total Compensation as of: November 13, 2023 $ 400
ALLOCATION OF COMPENSATION
$ 9,300
Lend:
Permanent Easement: $ 0
Temporary Easement: Rental Value $ 51900
Site Improvements within Acquisition: $ 400
Damage to Remainder Land: $ 0
Cost to Cure Items: $ 0
Total Compensation: $ 0
9,300
t I: Rr
Imo..-y-,—._ ��•-� 8.-...:'PgTp9'%
j CEF.1';'IC•7l0 ;_i 2
Stuart Sanders, CG1738
Ontime Appraisals, Inc. ' oky CG1723 ; ,3 e.
Parcel No. Z - 91- eOn
Tmd No. 51
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
Trust THAT
d 110.1"11 the cnln Trustee of the Dorisafter called GRANTOR,Faye and ins
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: (as shown in deed record 98-108937)
Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) and part of the Southwest Quarter
(SW1/4) of the Northwest Quarter (NW1/4) of Section Nineteen (19), Township Sixteen (16) North, Range Twenty-
nine (29) West, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at
the Southeast comer of the Northwest Quarter (NW114) of the Northwest Quarter (NWi/4) of said Section,
Township and Range, and running, thence South 297 feet, thence West 160 feet, thence South 140 feet, thence
West 155 feet, thence North 331 feet, thence East 84.5 feet, thence North 106 feetine of , thence East 92 feet, thence
North 7 hence indaSoutheasterees 37 idyutes East direction along said line to amom or l pointtwh which so the o 20uth 1feet Northf the Southeastnsas State
lcoarner of the
Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of said Section, Township and Range, and thence
South 120 feet to the place of beginning.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) and of the Southwest Quarter (SW1/4) of the
Northwest Quarter (NW1/4) of Section 19, Township 16 North, Range 29 West, Washington County, Arkansas, being
more particularly described as follows:
Commencing at the northeast corner of said SWIM; thence along the east line of said SWIM, S 02`30'31" W - 66.98 feet
to the Point of Beginning (POB ESMT); thence continuing along said east line, S 02°30'31" W -46.53 feet; thence leaving
said east line, N 45"59'21" W - 79.07 feet; thence N 05-55-56" E - 28.62 feet; thence S 85-10-55" E - 6.45 feet; thence N
04"49'05" E - 34.68 feet; thence N 85°10'55" W - 5.78 feet; thence N 05'55'56" E - 55.92 feet; thence N 53ol T59" W -
80.66 feet to the Grantor's west line; thence along said west line, N 11'22'08" E - 33.21 feet to the proposed south Right -
of -Way (ROW) of Arkansas Highway 16 (ARDOT Job #040785); thence leaving said west line along said proposed ROW
for the following three courses: thence S 53'14'01" E - 111.94 feet; thence S 05"56'41" W - 138.92 feet; thence S
84°45'45" E - 29.49 feet; to the Point of Beginning (POB ESMT), containing 7,881 sq. ft., or 0.18 acres.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION "A":
Part of the Southwest Quarter (SW1/4) of the Northwest Quarter (NW1/4) of Section 19, Township 16 North, Range 29
West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the northeast corner of said SW1/4; thence along the east line of said SW1/4, S 02"30'31" W-113.51
feet to the Point of Beginning (POB TCE A); thence continuing along said east line, S 02°30'31" W - 13.35 feet;
thence leaving said east line, N 45059'21" W- 80.08 feet; thence N 05"55'54" E - 12.70 feet; thence S 45059'21" E - 79.07
feet; to the Point of Beginning (POB TCE A), containing 796 sq. ft., or 0.02 acres.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION "B :
Part of the Northwest Quarter (NWi/4) of the Northwest Quarter (NW1/4) of Section 19, Township 16 North, Range 29
West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the southeast comer of said NW1/4; thence along the east line of said NW1/4, N 02-30-31" E - 46.27 feet;
thence leaving said east line, N 87"29'29" W - 52.79 feet to the Point of Beginning (POB TCE B); thence N 53"14'01" W -
81.88 feet to the Grantor's west line; thence along said west line, N 11 °22'08" E - 11.07 feet; thence leaving said west
line, S 53'13'59" E - 80.66 feet; thence S O5°56'18" W - 11.64 feet; to the Point of Beginning (POB TCE B), containing
813 sq. ft., or 0.02 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 cultivatton 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 oonsideraton 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 parry 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.
Eldon R. Roberts, Acting Trustee of the
Doris Faye Roberts Trust (U/D dated 10-16-98)
ACKNOWLEDGMENT
STATE OF ARKANSAS ) .
COUNTY OF $a.
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, Eldon R. Roberts, Acting Trustee of the Doris Faye Roberts Trust (U/D
dated 10-16-98), to me well known as the person who executed the foregoing document, and who 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
\
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502° 30' 31"W-46.53'
PoB TCEA I
S02° 30'31'W-I3.35'
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LEGEND
765-13091d00 —TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY
9WIW932 DEED RECORD
PROPOSED UTILITY EASEMENT
— — —EXISTING PROPERTY LINE TEMP. _��— pROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
I EXHIBIT "A" HWY 16 UTILITY RELOCATIONS I MmELurvo
FAYETTEVILLE, AR CONSULTING
MAP TRACT 36 IsmE GIN°EESRS, INC
ROBERTS, DORIS FAYE TRUST FFRTEVIUE.AR12703
PI ERSON, SARAH E
Tract No. 28
CITY OF
FAYETTEVILLE
ARKANSAS
December 5, 2023
Sarah Pierson
4255 E Huntsville Road
Fayetteville, AR 72701
RE: Hwy 16 East Utility Relocation
Parcel Nos. 765-13102-000 Tract 28
Offerto Purchase Easement
Dear Ms. Pierson:
The City of Fayetteville needs to promptly relocate water and sewer utilities, as required by the Arkansas Department of Transportation
for their upcoming project to widen Highway 16 between S. Stone Bridge Rd. and S. Roberts Rd.
Arkansas Department of Transportation time limitations require that we must obtain signed easements or Court ordered possessory rights
for every necessary prior to approving construction contracts in early February 2024. Therefore, we will have to ask the Fayetteville City
Council on January 2, 2024 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. In years
past, 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, the City 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 offer of $6,700 as per the professional appraisal for this vital easement across your property now to help us ensure
continued service to residential and business consumers needing sufficient water to drink, bathe, wash, and operate; and to 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 retumed 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 wriden. AW-9 was provided for this purpose,
but we will provide another copy upon your request.
A 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 Cassie Elliott at 479-531-8897 (cassie�vis'ona mil ton s m ). For engineering please contact Andrew Stephens, Project Engineer, 479443.2377, asteohens m 9 9 questions or cencems,
(coranderso 5f ft 'Ile c 1. `�rO —ohm or Corey Granderson, Utilities Engineer ffi
With kindest regards,
e
Cassie Elliott, Land Agent
Visionary Milestones, Inc.
PO Box 486
Siloam Springs, AR 72761
Enc
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72707 www.fayettevllle-ar.gov
File: 23-019 County: Washington Tract
Location: 4255 E. Huntsville Road, Fayetteville AR 72701 28
Fee Owner(S): Sarah Pierson
Address: 4255 E. Huntsville Road, Fayetteville AR 72701
Phone: N/A
Tenant(S): N/A
""' i /,972+/- sq. $ Permanent Easement(s):
Area Of Remainder: 77,972+/- sq. ft. Temporary Easement(s):
Area Of Acquisition: 0 +/_ sq, ft
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY
Before
Land: 77,972+/- SF @ $2.46 (Rounded) $ 191,800
Site Improvements Within Acquisition: $ N/A
Total:
After
Land: 77,972+/- SF Q $ 2.38 (Rounded) $
Improvements: $
Total:
FAIR MARKET VALUE OF ACQUISITION:
I
Temporary Construction Easement: Rental Value
Total Compensation 28 of: November 13, 2023
ALLOCATION OF COMPENSATION
Land:
Permanent Easement:
Temporary Easement: Rental Value
Site Improvements within Acquisition:
Damage to Remainder Land:
Cost to Cure Items:
Total Compensation:
tA
,yn....•-ngp
,l .. a rar gs„gr,E ••
CES:':ilvmo
Stuart Sanders, CG I738 = �. ••. 0GI?n''
Ontime Appraisals, Inc. '%44n:" •
185,600
0
1,876+- SF
191,800
185,600
6,200
500
6,700
$
0
$
6,200
$
500
$
0
$
0
$
0
$
6,700
Parcel No. 765-13102-000
Trad No. 28
GENERAL UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS
THAT 1. Sarah E.he
consideration of the sum of O ea Do la
consideration, the receipt of which is here
SELL and CONVEY unto the City of
corporation, hereinafter called GRANTS
franchise aranteri h,r onId rla, . r•_.._
nlannoms, natural gas, electrical power, to
television communication line or linestraffic
appurtenances thereto, on over, across', and
situated in the County of Washington. State of
called GRANTOR, for and in
') and other good and valuable
owledged, does hereby GRANT,
evills, Arkansas, a municipal
unto the public utilities holding a
a Permanent easement for the
or replacement, enlargement and
1r sanitary sewer pipe line or lines,
hone, fiber optic cables) and
;net poles and equipment, and
fer the following describedland
canals, to -wit:
PROPERTY DESCRIPTION: (Deed Ref. 2018-00004904)
A part of the Southeast Quarter (SE %) of the Northwest Quarter (NW %) of Section Nineteen (19), in Township
Sixteen (16) North of Range Twenty -Nine (29) West of the 5% Principal Meridian. Washington County, Arkansas
described as follows: Beginning at a pointwhich is 220 feet East and 917.8 feet North of the Southwest comer of aid
40acre tad, and running thence North 345.8 feet to the South line of the right ofway of State Highway No. 16, thence
South 56 degrees 30 minutes Eastwith the South line of said Highway 251 feet, thence South 345.8 feet, thence West
210 feet, thence North 136.4 feet to the place of beginning, containing two (2) acres, more or less.
LESS AND EXCEPT: A
and being described as fi
thence NO2'58'10"E 627
210.67 feet, thence NO2
thence N87°04'15" W 3'
easements and right of v
survey filed for record ;
Arkansas
SE
3" E 324.88 feet, then
feet to the POINT OF
of record, shown as Ad
ember 19, 2017, as Ins
PERMANENT EASEMENT DESCRIPTION
— Tract 1
1 the rec
Part of the Southeast Quarter (SE1/4) of the Northwest Quarter (NW1/4) of Section 19, Township 16 North, Range 29
West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the northwest comer of said SE1/4; thence along the north line of said SE1/4, S 87°15'53" E-222.87
feet; thence leaving said north line, S 02*30'31" W - 91.10 feet to the Proposed South ht-of-Wy (ROW) of Arkansas
Highway 16 (ARDOT Job #040785), and to the Pointthencelg
of Beginning (POB ESMT); along aid proposed south ROW,
S 53°07'13" E - 253.30 feet to the Grantor's east line; thence leaving said proposed south ROW, S 02'2347" W- 24.26
feet along said east line; thence leaving said east line, N 53*07'13" W - 253.36 feet to the Grantor's west line; thence
along said west line, N 02°30'31" E - 24.23 feet; to the Point of Beginning (POB ESMT), containing 5,067 sq. ft., or 0.12
acres.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
Part of the Southeast Quarter (SE1/4) of the Northwest Quarter (NW1/4) of Section 19, Township 16 North, Range 29
West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the northwest comer of aid SE1/4; thence along the north line of said SE1/4, S 87°15'53" E - 222.87
feet; thence leaving said north line, S 02-30'31" W-115.33 feet to a point on the Grantor's west line, and to the Point of
Beginning FOB TCE); thence leaving said west line, S 53-07'13" E - 253.36 feet to the Grantor's east line;
thence S 02"23'4T' W - 9.10 feet along said east line; thence leaving said east line, N 53"07'13" W - 163.36 feet;
thence N 08'08'06" E - 5.13 feet; thence N 81'51'54" W- 9.35 feet; thence N 53'07'13" W - 79.35 feet to the Grantor's
west line; thence along said west line, N 02'30'31" E - 9.09 feet; to the Point of Beginning (POB TCE), containing 1,876
sq. ft., or 0.04 acres.
General Utility Easement
Page 2
A sketch of this easement is attached as Exhibit "A" and is to be considered as part of this document. It is understood that
this sketch is descriptive only of the size, shape, and location of the permanent easement and does not constitute a plat
or survey of the Grantor's property.
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 presently located within said temporary construction and grading easement area.
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 orvacated 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.
The said Grantor is to fully use and enjoy the said premises except for the purposes herembefore 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 Grantoragrees not to erect any buildings or structures in said permanent easement. This easementcannot 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 day of 2023.
Sarah E. Pierson Spouse (If any)
General Ufllily Easement
Page 3
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON 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 Sarah E. Pierson and (soous if any), to me well known as the
Person(s) who executed the foregoing document, and who stated and acknowledged that he/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., 2023
Notary Public
MY COMMISSION EXPIRES: