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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 0 25 50 ' SCALE 1" = 50' ISE/SW 13-16-30 I I II I I 586• tR' H"E9.05' I 501° 26' S]'M1Y-10.01' I 586° 18'44"E-7.90' I I S01° 26' 57"W-30.69'- ME 02 2193 5Q. FT 2= \ ].E.240 0.05 AC. w]6• �� 4T \ \ \ \ \ \ R01.33- 07"E-30.3J' \\\\ \\\\\\\ roeESMT TO, \ \ \ \ \ \ \ \ \ ESMT 02 02 \\\\\\\\\\\\ \\9541SQ. 2A.. NO1°33'07"E-21J0' \\\\\\ \\\\\\\\\\\\Yql - 27"W-83.99' y ' POB ESMT' 582° 53 ww yW ' / aw ww N01° 26' 57°E-22.28' ww ww S87° 38' 58"W-26.39' aw R=577.96', D-86.01' CH=SB3°23'10"W, CD=85.93' wp+� RfW = w wr» w SW CORNER o SE} SW} n £ SECTION 13 M T16N/R30W ° ti 2 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\ \ I \ \' I 533° I \ 37.35'J \\\\\\ NOS- 02' 05"W-24.14' \ \ \ \ \ K TCE 3310]9 N53014' A01W-1.53'� \\\\\ ns3° 1aro•en z.' \ \ NW/NW 19-16-29 / I / I / I / rAm 53' 53"E-74.96' ESMT 23 1356 SQ. FT. 0.03 AC. —S02` 53- 1C,--POB ESMT 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 \ Nil°22'08'E-33.21'--,, NIl° 22' NW/NW 19-16-29 \ qR y� � Js ♦�S��R55� ,Y \ ♦��555��55��Ol FJ qw 4'T3n BO ♦ ♦ � � N85° 10' 55"W-5.78'— N04° 49'05'E-34.68', SW/NW S85o 10'55"E-6.45'—\ 19-I6-29 ESMT 26 7881 SQ. FT. 0.18 AC. N05° S5' S6"E-28.65 NOS 55' 54'1-12J0'� T TCE 26A' 7,, n. 0.02 AC. qti \ I NE/NW \ 1NE/NW9 °max I \SE CORNER SECTION 19 \ T16Nj R29WI a3� m I I I I 7 I 45'45"E-29.49'I POB ESMT I � C I / vtti I K SE/NW I 19-16-29 502° 30' 31"W-46.53' PoB TCEA I S02° 30'31'W-I3.35' I I I � 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: