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Home My WebLink About43-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 43-24 File Number: 2024-1684 EASEMENT CONDEMNATION (UTILITY RELOCATIONS): A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY FAYETTEVILLE STUDENT HOUSING DST NEEDED FOR THE UTILITY RELOCATIONS ASSOCIATED WITH ARDOT PROJECT 040846 1-49 MLK INTERCHANGE WHEREAS, the City of Fayetteville has been unable to negotiate the acquisition of a water/sewer easement located at 1319 S. Hollywood Avenue needed to complete utility relocations associated with ARDOT Project 040846 1-49 MLK Interchange, and WHEREAS, the City of Fayetteville needs to gain possession of this needed property 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 at 1319 S. Hollywood Ave. owned by Fayetteville Student Housing DST, that is needed for utility relocations associated with ARDOT Project 040846 1-49 MLK Interchange, and to pay into the registry of the Circuit Court just compensation in the amount of $21,406.18. PASSED and APPROVED on February 6, 2024 Page 1 Attest: TRF • •GSA Y 0,��`r� • �� Kara Paxton, City CI c Treasurers . f-AYE i T 11 i iO►i 0vx`x� CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 6, 2024 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: SUBJECT: Easement Condemnation - 1-49 & MILK Utility Relocations RECOMMENDATION: 2024-1684 Staff recommends City Council approval of a Resolution authorizing the City Attorney to seek condemnation and an order of possession for a water/sewer easement across lands owned by Fayetteville Student Housing DST necessary for the Utility Relocations associated with ARDOT Project 040846 1-49 MILK Interchange. BACKGROUND: ARDOT has requested utility relocations to prepare for the widening of Martin Luther King, Jr. Blvd. (Highway- 62) from S. Leflar Way to S. Sang Ave. including reconstruction of the interstate overpass and creation of a new overpass at 15th Street. ARDOT will phase the project, to begin in just the vicinity of 15th Street. The water and sanitary sewer relocations for this first phase are estimated to cost approximately $5,308,725.00, subject to public bidding, inclusive of engineering fees and easement acquisitions. The relocations are estimated to be 100% reimbursable to the City of Fayetteville by ARDOT. DISCUSSION: Several easements were necessary for the City's utility relocations. ArDOT contracted with O.R. Colan Associates for easement acquisition services and acquired easements directly for the City's project since the project is 100% reimbursable and ArDOT desired to expedite the project as much as possible. One easement, however, must obtain approval from the property owner's lender, which is estimated to be a lengthy process. Therefore a "friendly" condemnation is requested by all parties so the City's project can move ahead on schedule. BUDGET/STAFF IMPACT: The payment for land acquisition will be made from the Water & Sewer Relocations account. The agenda item staff review form indicates $21,406.18 as the cost of this request. It should be noted that this is an estimate, based on the appraised value of the property, 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 easement. ATTACHMENTS: SRF (#3), Appraisal Letter and Summary (#4), Final Offer Letter (#5), Water Sewer Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Easement (#6) 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 #: 2024-1684 Easement Condemnation - I-49 & MLK Utility Relocations A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY FAYETTEVILLE STUDENT HOUSING DST NEEDED FOR THE UTILITY RELOCATIONS ASSOCIATED WITH ARDOT PROJECT 040846 I- 49 MLK INTERCHANGE WHEREAS, the City of Fayetteville has been unable to negotiate the acquisition of a water/sewer easement located at 1319 S. Hollywood Avenue needed to complete utility relocations associated with ARDOT Project 040846 I-49 MLK Interchange; and WHEREAS, the City of Fayetteville needs to gain possession of this needed property 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 at 1319 S. Hollywood Ave. owned by Fayetteville Student Housing DST, that is needed for utility relocations associated with ARDOT Project 040846 I-49 MLK Interchange, and to pay into the registry of the Circuit Court just compensation in the amount of $21,406.18. Page 1 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2024-1684 Item ID 2/6/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/17/2024 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 a water/sewer easement across lands owned by Fayetteville Student Housing DST necessary for the Utility Relocations associated with ARDOT Project 040846 1-49 MLK Interchange. 5400.720.5600-5810.00 Account Number 11011.2103 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: Budget Impact: Water & Sewer Fund Water & Sewer Relocations Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 9,775,811.00 $ 6,199,080.56 3,576,730.44 $ 21,406.18 Previous Ordinance or Resolution # Approval Date: 3,555,324.26 V20221130 CBRE VALUATION & ADVISORY SERVICES BEFORE -AND -AFTER CITY OF UTILITY FAYETTEVI LLE RELOCATION 1-49/MLK INTERCHANGE iA 1319 S HOLLYWOOD AVE FAYETTEVI LLE, ARKANSAS 72 701 FAYETTEVILLE STUDENT HOUSING EXCHANGE, LLC CBRE GROUP, INC. FILE NO. C1323US110155-1 O.R. COLAN ASSOCIATES, LLC EFFECTIVE DATE OF VALUE: DECEMBER 6, 2023 VALUATION & ADVISORY SERVICES CBRE 438 E. Millsap, Suite 103 Fayetteville, AR 72703 T 479-442-7401 F 479-442-7806 www.cbre.com December 27, 2023 Ms. Donna Roche Sr. Project Manager O.R. COLAN ASSOCIATES, LLC 2311 Biscayne Dr Little Rock, Arkansas 72227 RE: Appraisal of: 1319 S Hollywood Ave Fayetteville, Washington County, Arkansas CBRE, Inc. File No. CB23US1 10155-1 Dear Ms. Roche: At your request and authorization, CBRE, Inc. has prepared an appraisal of the market value of the referenced property. Our analysis is presented in the following Appraisal Report. The subject is multifamily student housing residential property located at 1319 South Hollywood Avenue, in Fayetteville, Arkansas, and identified herein as Tract 5. It was constructed in 2019 and is situated on a 42.67-acre or 1,858,803-square foot site. The primary improvements are not impacted by the partial acquisition. Thus, they have been excluded from this analysis, which is limited to the value of land only. This appraisal is for a partial acquisition for the City of Fayetteville Utility Relocations for 1-49 / MLK Interchange project. The City of Fayetteville intends to acquire 0.44 acres or 19,104 square feet in permanent easement for utility purposes. Based on the analysis contained in the following report, the appraiser's opinion of total compensation, as of December 6, 2023, is concluded as follows: CONCLUDED MARKET VALUE Whole Property $8,178,733 Remainder Property $8,157,719 Difference in Market Value Before and After $21,014 Total Compensation $21,014 City of Fayetteville 1-491MLK Interchange Utility Relocation The following extraordinary assumptions have been utilized in this report: • We are not experts in determining flood zone elevations and we were not provided with a flood zone certificate for the subject. The reader is encouraged to consult with a professional engineer to determine the subject's actual flood zone status. We reserve the right to modify our analyses and conclusions if our assumption proves to be incorrect. Based on our review of FEMA Community Map Panel No. 05143CO215F dated 16-May-2008 the property appears to be in Zone AE. The following hypothetical condition has been utilized in this report: • The value of the remainder after the acquisition is subject to the Hypothetical Condition that, as of the effective date of appraisal, the proposed project has been constructed according to project specifications. In reality, the project is not complete and in place as of the effective date. The use of these extraordinary assumptions and hypothetical conditions may have affected the assignment results. The report, in its entirety, including all assumptions and limiting conditions, is an integral part of, and inseparable from, this letter. The following appraisal sets forth the most pertinent data gathered, the techniques employed, and the reasoning leading to the opinion of value. The analyses, opinions and conclusions were developed based on, and this report has been prepared in conformance with, the guidelines and recommendations set forth in the Uniform Standards of Professional Appraisal Practice (USPAP), the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. The intended use and user of our report are specifically identified in our report as agreed upon in my contract for services and/or reliance language retained in the appraiser's work file. As a condition to being granted the status of an intended user, any intended user who has not entered into a written agreement with CBRE in connection with its use of our report agrees to be bound by the terms and conditions of the agreement between CBRE and the client who ordered the report. No other use or user of the report is permitted by any other party for any other purpose. Dissemination of this report by any party to any non -intended users does not extend reliance to any such party, and CBRE will not be responsible for any unauthorized use of or reliance upon the report, its conclusions or contents (or any portion thereof). The report is not the appraisal but is the reporting of the appraisal to the named client or named intended user. Anyone else who attempts to rely on an appraisal report that is not a named user may be misled by the report. If you are not the client, you have no way of knowing if a later appraisal was done that replaces this report. Any changes will result in a different report date. Accordingly, this document may no longer contain the appraisers' opinions. Any subsequent reports, with a later report date, voids this document even to the client or intended user. It has been a pleasure to assist you in this assignment. If you have any questions concerning the analysis, or if CBRE can be of further service, please contact us. Respectfully submitted, City of Fayetteville 1-491MLK Interchange Utility Relocation CBRE - VALUATION & ADVISORY SERVICES Brian Kenworthy Vice President AR State Certified General Appraiser No. CG3496 www.cbre.us/brian.kenworihy Phone: + 1 479 444 2540 Fax: + 1 479 442 7806 Email: brian.kenworthy@cbre.com �c, S APpj p Vic;• roy -, =y ' STATE o ct CERTIFIED GENERAL ; . CG3496 .. 040-00, 94--� Nathan Broyles Senior Valuation Associate AR State Certified General Appraiser No. CG2884 www.cbre. us/nathan. broyles Phone: + 1 479 249 9518 Fax: + 1 479 442 7806 Email: nathan.broyles@cbre.com C,E,RTIFIC��SF'.'ii zy`?STATE rya CERTIFIED GENERAL CG2884 ��'�gryA�N BR��.�`��• City of Fayetteville 1-491MLK Interchange Utility Relocation = 4%7O/ a.lau�t�.lir�r ° I lie. - irl r .1T�t��ia � � 1 fo�t�.� ,fit c ial View of Subiect and Acauisition Primary subiect, lookinq south L- Subiect frontage, lookinq west - L h� Primary improvements, looking south Subject frontage, looking east VA 3. Acquisition area, looking south Acquisition area, looking west Table of Contents TABLE OF CONTENTS SubjectPhotographs............................................................................................................4 Certification........................................................................................................................ 7 ExecutiveSummary ............................................................................................................. 9 Scopeof Work................................................................................................................... 12 AreaAnalysis.................................................................................................................... 17 NeighborhoodAnalysis..................................................................................................... 23 SiteAnalysis...................................................................................................................... 30 ImprovementsAnalysis...................................................................................................... 35 Zoning.............................................................................................................................. 36 Tax and Assessment Data.................................................................................................. 38 Highest and Best Use- Whole Property (Before Acquisition) ................................................ 43 AppraisalMethodology..................................................................................................... 45 Land Value- Whole Property (Before Acquisition)............................................................... 46 Reconciliation of Value — Whole Property (Before Acquisition) ............................................. 51 Acquisition........................................................................................................................ 52 Remainder Property- After Acquisition............................................................................... 56 Highest and Best Use — Remainder Property (After Acquisition) ........................................... 58 Land Value - Remainder Property (After Acquisition).......................................................... 60 Reconciliation of Value — Remainder Property (After Acquisition) ........................................ 62 Difference Between Before and After Values...................................................................... 63 Assumptions and Limiting Conditions................................................................................ 64 ADDENDA A Land Sale Data Sheets B Project Information C Subject Information D Qualifications 6 City of Fayetteville 1-491MLK Interchange Utility Relocation Certification Certification We certify to the best of our knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are our personal, impartial and unbiased professional analyses, opinions, and conclusions. 3. We have no present or prospective interest in or bias with respect to the property that is the subject of this report and have no personal interest in or bias with respect to the parties involved with this assignment. 4. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 5. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 6. Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice, as well as the requirements of the State of Arkansas. 7. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 8. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 9. As of the date of this report, Brian Kenworthy, MAI has completed the continuing education program for Designated Members of the Appraisal Institute. 10. No Candidates/Practicing Affiliates of the Appraisal Institute have signed this report. 11. Brian Kenworthy, MAI and Nathan Broyles made a personal inspection of the property that is the subject of this report. 12. No one provided significant real property appraisal assistance to the person signing this report. 13. Valuation & Advisory Services operates as an independent economic entity within CBRE, Inc. Although employees of other CBRE, Inc. divisions may be contacted as a part of our routine market research investigations, absolute client confidentiality and privacy were maintained at all times with regard to this assignment without conflict of interest. 14. Within this report, "CBRE", "CBRE, Inc.", and similar forms of reference refer only to the appraiser(s) who have signed this certification and any persons noted above as having provided significant real property appraisal assistance to the persons signing this report. 15. Brian Kenworthy, MAI has provided services as an appraiser, but not in any other capacity, and Nathan Broyles has not provided any services as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment for a different intended use. The date of the prior report was May 15, 2023, with an effective date of April 17, 2023. 7 City of Fayetteville 1-491MLK Interchange Utility Relocation Certification G Brian Kenworthy Vice President AR State Certified General Appraiser No. CG3496 CERTIFI �js''��'i C E9 , STATE CERTIFIED GENERAL CG3496 ' KENWO4�a��. Nathan Broyles Senior Valuation Associate AR State Certified General Appraiser No. CG2884 ''gAS1 APp''�ii STATE do 2: CERTIFIED :A GENERAL •� _ CG2884 9pHA'N BRD:•�`�```• 8 City of Fayetteville 1-491MLK Interchange Utility Relocation Executive Summary Executive Summary INTRODUCTION CBRE File No.: CB23USI 10155-1 Date of the Report December 27, 2023 Effective Date December 6, 2023 Date of Inspection December 6, 2023 Valuation Date Type Current Market Value Client Client Name Representative Address Project Name City of Fayetteville through agreement with O.R. Colon Associates, LLC O.R. Colon Associates, LLC Ms. Donna Roche, Sr. Project Manager 2311 Biscayne Dr Little Rock, AR 72227 City of Fayetteville 1-49/MLK Interchange Utility Relocation Subject Location 1319 S Hollywood Ave Fayetteville, Washington County, AR Property Type Residential: Attached Single -Family Residence Owner Fayetteville Student Housing Exchange, LLC Legal Description See Legal Description in Addenda AssessorlDs 765-14873-000; 765-20021 -000; 765-20022-000; 765-14883-004; 765-14877-010 Property Rights Appraised Fee Simple Estate subject to existing encumbrances Rights Being Acquired Permanet Easement Current Use of Subject Multifamily Highest and Best Use As Vacant Multifamily Student Housing As Improved Multifamily Student Housing of Acquisition As part of the Whole Property Estimated Exposure Time 6-12 Months Improvement Type Multifamily Student Housing Number of Buildings 123 Gross Living Area (SF) 392,823 Year Built 2019 Buyer Profile Institutional LAND AREAS Whole Property Tract 5 Whole Property 42.67 AC 1,858,803 SF Part Acquired Permanent Easement Acquistion 0.44 AC 19,104 SF Total Acquired in Fee 0.00 AC 0 SF Total Acquired in Easement Remainder Property Tract 5 Unencumbered Remainder 0.44 AC 19,104 SF 42.23 AC 1,839,699 SF Encumbered Remainder Property 0.44 AC 19,104 SF Remainder Total Size 42.67 AC 1,858,803 SF CONCLUDED MARKET VALUE Whole Property Remainder Property Difference in Market Value Before and After Total Compensation $8,178,733 $8,157,719 $21,014 $21,014 9 City of Fayetteville 1-491MLK Interchange Utility Relocation CITY OF FAYETTEVILLE ARKANSAS September 19, 2023 Fayetteville Student Housing Exchange, LLC, a Delaware limited liability company Attm Lupe Griffin 2901 Butterfield Road Oak Brook, IL 60523 RE: Utility Relocations for 1-49 MLK Interchange Parcel No. 765-20021-000, 765-2022-000 1319 South Hollywood Avenue, Fayetteville, AR Offer Letter Dear Ms. Griffin: The City of Fayetteville is working in conjunction with the Arkansas Highway Department on the new interchange of 1-49 at MLK. During this construction, certain utilities will need to be moved and/or added. In order for this project to be completed, a water and sanitary sewer utility easement will be necessary. These utility easements are necessary to give the City the right to install the water line / sewer line and to perform maintenance as necessary on it in the future. This area will still be your property to use and enjoy. Your property will be returned to a condition as good as or better than it was found at the end of construction. Access to your property will be provided at all times during constructinn The City of Fayetteville hereby offers $21,406.18 for the rights associated with the water and sanitary sewer easement containing 0.46 acres (20,147 SF). Included is a drawing of your specific property depicting the anticipated area required for the proposed easement necessary for this project. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The documents should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Copies of the documents are included for your records. We can provide a copy of the recorded documents upon your request and at the appropriate time. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A W-9 is provided for this purpose. A representative of O.R. Colan Associates will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions Please Mailing Address: 113 bpi Mountain Street S'ww Fayetteville-argo'q Tayette J le. AR - 27 0-1 contact Jennifer Sloan (832) 858-4663 asloan@orcolan.com to schedule a meeting time. For engineering questions or concerns, please contact Corey Granderson, Utilities Technical Design Team Leader at (cgranderson@fayetteville-ar.gov) or myself at (tnyander@fayetteville-ar.gov). Sincerely, 4Timyander Utilities Director TN/bs Enclosures Project 2022129 Parcel No. 765-20022-000 Tract No. 5 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Fayetteville Student Housing Exchange, L.L.C., a Delaware limited liability company, in its sole capacity as signatory trustee holding title to the Property on behalf of Fayetteville Student Housing DST, a Delaware statutory trust whose address is c/o The Inland Real Estate Group, LLC, 2901 Butterfield Road, Oak Brook, Illinois 60523, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement and a temporary construction and grading easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Ref. 2019-00035377) Lots 2 and 3 of Major Addition as recorded in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, and a part of the SW 1/4 of the NW 1/4 and a part of the SE 1/4 of the NW 1/4 of Section 20, Township 16 North, Range 30 West, Fayetteville, Washington County, Arkansas, all being more particularly described as follows: Beginning at the NE comer of said SW 1/4, NW 1/4, thence South 86°59'03" East 200.00 feet, thence South 01°56'51" West 1319.68 feet, thence North 87°09'48" West 741.60 feet, thence North 16°01'18" West 81.09 feet, thence North 21°31'18" West 405.70 feet; thence North 17°07'01" West 172.56 feet, thence North 17°19'24" West 128.45 feet, thence North 10°01'42" East 64.82 feet, thence North 69°24'08" East 369.58 feet, thence North 20°31'16" West 112.58 feet, thence North 10°21'05" East 284.38 feet, thence South 86°29'55" East 478.08 feet to the P.O.B., containing 25.35 acres, more or less. PERMANENT EASEMENT DESCRIPTION: A variable width easement over part of Lots 2 and 3 and the vacated right-of-way of Major Addition to the City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southeast corner of said Lot 3; thence along the East line of said Lot N30°12'54"W 47.55' to the North line of a 40' ARDOT right-of-way easement (filed for record in Book 663 Page 214); thence along said North line N87°28'34"W 143.20' to the Point of Beginning; thence continuing along said North line N87°28'34"W 25.90'; thence N12°38'22"W 76.20'; thence N33°11'17"E 91.12'; thence N30053'26"W 341.21'; thence N30°54'12"W 68.49'; thence 135.41' along a curve to the left, said curve having a radius of 987.50' and being subtended by a chord bearing and distance of N34°49'54"W 135.31'; thence N38°45'36"W 191.92' to the South line of a 20' sewer easement (filed for record in Book 721 Page 148); thence along said South line S81 °15'37"E 36.39' to the West line of a 15' sewer easement (filed for record in Book 653 Page 05) ; thence along said West line S36°54'32"E 262.78'; thence continuing along said West line S30°52'55"E 468.38'; thence S33°11'17'W 90.55'; thence S12°38'22"E 72.41' to the Point of Beginning, containing 19,104 square feet or 0.44 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. WATER/SEWER EASEMENT Page 2 The Grantee shall have the right to construct pipe lines and/or make repairs to lines within the above described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive, and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 2023. Fayetteville Student Housing Exchange, L.L.C., a Delaware limited liability company, in its sole capacity as signatory trustee holding title to the Property on behalf of Fayetteville Student Housing DST, a Delaware statutory trust whose address is c/o The Inland Real Estate Group, LLC, 2901 Butterfield Road, Oak Brook, Illinois 60523 By: [Please print or type Name and Title] ACKNOWLEDGMENT STATE OF ss. COUNTY OF BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared , to me well known as the person who executed the foregoing document, and who stated and acknowledged that he/she is the of Fayetteville Student Housing Exchange, L.L.C., a Delaware limited liability company, in its sole capacity as signatory trustee holding title to the Property on behalf of Fayetteville Student Housing DST, a Delaware statutory trust whose address is c/o The Inland Real Estate Group, LLC, 2901 Butterfield Road, Oak Brook, Illinois 60523, and is duly authorized in his/her capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he/she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public 20' SANITARY SEWER EASEMENT BK. 721 PG. 148 LOT 2 ✓ MAJOR ADDITION \�``�`100 50 0 100 f SCALE IN FEET 50' PLATTED RIGHT—OF—IyA y�`�%> \� �` \ 25' WATER & SEWER EASEMENT VACATED BYDOC. 08-61177 BK. 841 PG. 765 � o \ Jf♦"„ 15' SANITARY SEWER EASEMENT BK. 653 PG. 05 WA TER AND SANI TARP '�� ♦ SEWER EASEMENT "0\ `♦ 15' WATER & SEWER EASEMENT ` �� ♦ `� BK. 880 PG. 301 LOT 3 ` MAJOR ADDITION 765-20021-000 765-20022-000 Z FAYETTEVILLE STUDENT HOUSING DST MULTI —USE TRAIL EASEMENT DOC. J2015-000JO205 ` • \ \ VVV t �c ♦ `` ` 20' UTILITY EASEMENT PER PLAT f \\ \ \ /--/ ° `-, R/W HAWV T+ pWEIlL EXHIBIT "A" N E K G IN E E� a IN Q UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE 0 TRACT 5 - FAYETTEVILLE STUDENT HOUSING DST N Van Buren I Fort Smith I Fayetteville I Little Rock FOR: CITY OF FAYETTEVILLE, ARKANSAS (479)474-1227 (479)242-4685 (479)455-2206 (501)374-4846 N w w w. h a w k i n s weir . c o m DA TE: 091121202J SCALE: 1"-100' JOB NO. 2022129