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HomeMy WebLinkAbout136-24 RESOLUTIONFile Number: 2024-70 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 136-24 HWY 112 CONDEMNATION (IV GENERATION PROPERTIES): A RESOLUTION TO AUTHORJZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY IV GENERATION PROPERTIES , LLC NEEDED FOR THE HIGHWAY 112 (GARLAND A VENUE) WIDENING PROJECT WHEREAS, the City of Fayetteville and IV Generation Properties , LLC have been unable to agree upon a fair price for approximately 67 square feet of right of way , 2 ,338 square feet of permanent grading and utility easement, and 788 square feet of temporary construction and grading easement needed to complete the Highway 112 Widening Project; 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 I : 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 I 12 (Garland Avenue) Widening Project and owned by IV Generation Properties , LLC , that is needed for a right-of-way , permanent grading and utility , and temporary construction and grading easements for the project and to pa y into the registry of the Circuit Court just compensation in the amount of $66 , I 00 .00 . PASSED and APPROVED on May 21 , 2024 Attest: ~~ Page 1 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-70 MEETING OF MAY 21, 2024 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Paul Libertini, Staff Engineer SUBJECT: Approval of a Resolution authorizing the City Attorney to seek condemnation and an order of possession of certain land owned by IV Generation Properties, LLC necessary for the Highway 112/Garland Avenue Widening Project. RECOMMENDATION: Staff recommends City Council approval of a Resolution authorizing the City Attorney to seek condemnation and an order of possession of certain land owned by IV Generations Properties, LLC necessary for the widening of the Highway 112 (Garland Avenue) Project from Poplar Street to Drake Street. BACKGROUND: On January 3, 2017, City Council approved Resolution No. 27-17 to allow the City to enter into a partnering agreement with ARDOT (Arkansas Department of Transportation) for improvements to Hwy 112 between Razorback Road and Garland Avenue and to approve the reclassification of Hwy 112 between 15th Street and Interstate 49 as a City Street. On September 19, 2017, the City executed an Agreement of Understanding with ARDOT detailing the responsibilities of each entity. One such duty is for the City to prepare all legal descriptions and exhibits for the acquisition of right-of-way and easements for the construction of this project. This duty has been completed and approved by ARDOT. The design of the Hwy 112 (Garland Ave) widening project is currently approximately 95% complete including the specifications and the cost estimate. Hwy 112 (Garland Ave) is currently a 2-lane roadway which will be widened to include 4-lanes with a raised center median and a roundabout at the intersection of Altheimer Drive and Cassatt Street. On April 4, 2023, ARDOT authorized the City to appraise the properties affected by this road widening project. The City’s contract real estate appraiser, Rife & Company, completed the final appraisal on September 21, 2023. The Appraisal Reports were then submitted to ARDOT for review and the City received approval of the same on December 27, 2023. The Reviewing Appraiser for ARDOT certified in writing that the consultant appraiser followed accepted appraisal principles and techniques in the valuation of real property, and certified the fair market value of the acquisition. On January 30, 2024, the City received authorization from ARDOT to present offer letters to property owners to acquire the needed land acquisition for this project. The City intends to bid this construction project this year as soon as the land acquisition is complete. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov DISCUSSION: Right of way and easement acquisition began for this project in January of 2024. The owner of this property at 2054 N. Garland Avenue has refused to sign right-of-way and easement documents. Staff will continue to negotiate with this property owner to avoid condemnation if possible. However, it is imperative that the right of way and easements be acquired in a timely manner so as not to delay the construction. The City is acquiring 67 square feet of right of way, 2,338 square feet of permanent grading & utility easement, 1,339 square feet of permanent drainage easement, and 788 square feet of a temporary construction & grading easement from this property. BUDGET/STAFF IMPACT: Federal and State funds of $1,948,635 have been obligated by FHWA/ARDOT for the purchasing of right of way and easements. The City will pay the individual property owner from the Sales Tax Capital Improvement funds, and then the City will submit a request to ARDOT for 100% reimbursement of expenditures. The Appraisal Report prepared by Rife and Company, Inc. established a value of just compensation of $66,100 as of June 20, 2023, which will be deposited into the Registry of the Circuit Court. The final cost is subject to negotiation with the property owner or by court order. ATTACHMENTS: SRF (#3), Property Location - 2054 N Garland Ave (#4), GIS Aerial - IV Generation Properties (#5), Documents & Exhibits - IV Generation Properties (#6), Case History - IV Generation Properties (#7) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-70 Approval of a Resolution authorizing the City Attorney to seek condemnation and an order of possession of certain land owned by IV Generation Properties, LLC necessary for the Highway 112/Garland Avenue Widening Project. A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY IV GENERATION PROPERTIES, LLC NEEDED FOR THE HIGHWAY 112 (GARLAND AVENUE) WIDENING PROJECT WHEREAS, the City of Fayetteville and IV Generation Properties, LLC have been unable to agree upon a fair price for approximately 67 square feet of right of way, 2,338 square feet of permanent grading and utility easement, and 788 square feet of temporary construction and grading easement needed to complete the Highway 112 Widening Project; 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 on or near the Highway 112 (Garland Avenue) Widening Project and owned by IV Generation Properties, LLC, that is needed for a right-of-way, permanent grading and utility, and temporary construction and grading easements for the project and to pay into the registry of the Circuit Court just compensation in the amount of $66,100.00. Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: 06035.3800 Project Number Budget Impact: Hwy 112 ( Poplar St - Drake St) Fund Sales Tax Capital Improvements4470.800.8835-5805.00 Account Number Project Title City of Fayetteville Staff Review Form 2024-70 Item ID 5/21/2024 City Council Meeting Date - Agenda Item Only Staff recommends City Council approval of a Resolution authorizing the City Attorney to seek condemnation and an order of possession of certain land owned by IV Generation Properties, LLC necessary for the widening of the Highway 112 (Garland Avenue) Project from Poplar Street to Drake Street. N/A for Non-Agenda Item Action Recommendation: Submitted By Paul Libertini ENGINEERING (621) Division / Department 4/25/2024 Submitted Date Yes 1,946,786.00$ 66,100.00$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget 1,950,756.00$ 3,970.00$ Yes No -$ 1,880,686.00$ HENDRIX S MAXWELL DR N MAXWELL DR DEANE ST. JA N I C E A V E MELMAR BEL - AIR DR DAVIS ST. KELLY ST. HICKORY OA K L A N D A V E . SYCAMORE GA R L A N D A V E . NO E L L E A V E . LE V E R E T T A V E ERNIE JACKS BLVD PEACHTREE 112 STREET PROPERTY LOCATION HWY 112 (GARLAND AVE.) 2054 N. GARLAND AVE. Fayetteville, AR Exhibit The data contained herein was compiled from various sources for the sole use and benefit of the City of Fayetteville Geographic Information System and the public agencies it serves. Any use of the data by anyone other than the City of Fayetteville is at the sole risk of the user; and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any claims, actions, cost for damages of any nature, including the city's cost of defense, asserted by user or by another arising from the use of this data. The City of Fayetteville makes no express or implied warrantees with reference to the data. No word, phrase, or clause found herein shall be construed to waive that tort immunity set forth under Arkansas law. Created: 4/24/2024 Credits: City of Fayetteville, AR, 2024 Imagery | EagleView Technologies | Surdex Corporation Map Author: 0 0.01 0.020.01 mi IV GE1E5$7,21 P523E57,E6, LLC 204 N. G$5/$1' A9E18E GA R L A N D A V E N U E Hwy 112 Improvements (Part of) Parcel No. 765-05144-000 Tract 7 WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT WE, IV Generation Properties, LLC, Arkansas limited liability company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee’s successors and assigns, the following described land situated in the County of Washington, State of Arkansas, to-wit: A variable width RIGHT OF WAY (ROW), said ROW being a part of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 4, Township 16 North, Range 30 West of the 5th Principal Meridian, Washington County, Arkansas and said ROW being more particularly described as follows: Commencing at the Southwest corner of the NW 1/4 of said SW 1/4; thence N02°28'45"E, 327.61 feet; thence S87°43'05"E, 23.92 feet to the POINT OF BEGINNING OF RIGHT OF WAY (POB ROW); thence N02°37'09"E, 66.17 feet to a point of curvature; thence along a non-tangent curve to the left, an arc distance of 66.19 feet, said curve having a radius of 5679.10 feet, and a chord bearing and distance of S00°45'52"W, 66.19 feet to the grantor's south property line; thence leaving said curve, along said south property line N87°43'05"W, 2.14 feet to the POINT OF BEGINNING OF RIGHT OF WAY (POB ROW), with said ROW containing 67 square feet or 0.002 acres. REVENUE STAMPS AFFIDAVIT The foregoing deed has the correct amount of Revenue Stamps affixed to it or is exempt from such stamps. City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and Grantee’s successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS the execution hereof on this day of , 2024. IV Generation Properties, LLC, Arkansas limited liability company By: James Walton Beazley, IV, Member/Manager ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF ) BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared James Walton Beazley, IV, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Member/Manager, of IV Generation Properties, LLC, Arkansas limited liability company , and is duly authorized in his respective capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of , 2024. MY COMMISSION EXPIRES: Notary Public C2 40 FOOT EASEMENT FOR STREET AND UTILITIES DEED BOOK 886 PAGE 57710 FOOT EASEMENT FOR STREET AND UTILITIES DEED BOOK 681 PAGE 163 TCE RW RW RWRWRW RW R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W GUEGUE GUE GUEGUE GUE 4+00 5+00 6+00 7+00P R C : 3 + 6 0 . 6 6 PT : 7 + 1 9 . 5 1 POB ROW POC SW CORNER NW 1/4 SW 1/4 SECTION 4 T 16 N R 30 W (Computed point per plat 2006-49278) N02° 28' 45"E- 327.61' PROJECT TRACT # 7 S87° 43' 05"E-23.92' ROW 67 SQ. FT. 0.002 AC. R=5679.10', D=66.19' CH=S0°45'52"W, CD=66.19' N87° 43' 05"W-2.14' N02° 37' 09"E-66.17' CONSULTING ENGINEERS, INC. McCLELLAND D E S I G N E D T O S E R V E HTTP://WWW.MCE.US.COM SCALE: DATE: DRAWN BY:PROJ. MANAGER: PROJ. NUMBER: REVISION: BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) EXISTING PROPERTY LINE L E G E N D DEED RECORD TAX PARCEL NUMBER R/W R/W PROPOSED RIGHT-OF-WAY PROPOSED UTILITY EASEMENT TCE TCE PROPOSED TEMP. CONST. EASEMENT EXISTING EASEMENT LINE EXISTING RIGHT-OF-WAY LINER/W PROPOSED DRAINAGE EASEMENTPROPOSED GRADING AND UTILITY EASEMENTGUE PROPOSED GENERAL UTILITY EASEMENTGEN PROPOSED GRADING EASEMENTGE ## # # W: \ 2 0 1 9 \ 1 9 - 2 1 0 7 - H W Y 1 1 2 I M P R O V E M E N T S , A R D O T # 0 4 0 2 7 0 , F A Y E T T E V I L L E \ S U R V E Y \ B O U N D A R Y \ R O W E X H I B I T S \ D B - 2 0 2 2 1 9 2 1 0 7 E A S E M E N T E X H I B I T S . D W G FAYETTEVILLE, ARKANSAS HWY 112 IMPROVEMENTS, ARDOT #040720 AS NOTED PW DB JUNE 2022 192107 EX-7.2 TRACT 7 EXHIBIT "A" MAP IV Generation Properties LLC 1580 E. STEARNS ST. FAYETTEVILLE, AR 72703 (479) 443-2377 C 2022 765-05144-000 2020-2643 7 0 SCALE 1" = 50' 25 50 SHEET 2 OF 4 North Garland Avenue (Arkansas State Highway # 112) variable width right of way (asphalt street) W B i l l i e J o D r i v e (a s p h a l t s t r e e t ) Hwy 112 Improvement Project Parcel No. 765-05144-000 Tract 7 PERMANENT GRADING & UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT WE, IV Generation Properties, LLC, Arkansas limited liability company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent grading and utility easement (GUE) for the purpose of constructing and maintaining Highway 112 (Garland Avenue) and appurtenances, thereto and for the purpose of construction, maintenance, repair and/or replacement, enlargement and operations of general utilities including water and/or sanitary sewer pipe line or lines, manholes, natural gas, electrical power, telephone, fiber optic cable(s) and television communication line or lines, traffic signal poles and equipment, and appurtenances thereto, on over, across, and under the following described land situated in the County of Washington, State of Arkansas, to-wit: PROPERTY DESCRIPTION: Warranty Deed: 2020-02643 A part of the W½ of the NW¼ of the SW¼ of Section 4, Township 16 North, Range 30 West, Washington County, Arkansas, and being more particularly described as follows, to-wit: Beginning at a point which is 990 feet South of the NW corner of said 20 acre tract and running thence North 105 feet; thence East 300 feet; thence South 105 feet; thence West 300 feet to the place of beginning, being a part of Block 5, Evin’s Farm as designated on plat of record in Plat Book 5 at Page 80, plat records of Washington County, Arkansas. LESS AND EXCEPT that portion conveyed to the City of Fayetteville, Arkansas, as additional right of way for Arkansas Highway 112 (Garland Avenue) and described as: A variable width RIGHT OF WAY (ROW), said ROW being a part of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 4, Township 16 North, Range 30 West of the 5th Principal Meridian, Washington County, Arkansas and said ROW being more particularly described as follows: Commencing at the Southwest corner of the NW 1/4 of said SW 1/4; thence N02°28'45"E, 327.61 feet; thence S87°43'05"E, 23.92 feet to the POINT OF BEGINNING OF RIGHT OF WAY (POB ROW); thence N02°37'09"E, 66.17 feet to a point of curvature; thence along a non-tangent curve to the left, an arc distance of 66.19 feet, said curve having a radius of 5679.10 feet, and a chord bearing and distance of S00°45'52"W, 66.19 feet to the grantor's south property line; thence leaving said curve, along said south property line N87°43'05"W, 2.14 feet to the POINT OF BEGINNING OF RIGHT OF WAY (POB ROW), with said ROW containing 67 square feet or 0.002 acres. PERMANENT EASEMENT DESCRIPTION: A variable width GRADING/UTILITY EASEMENT (GUE), said GUE being a part of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 4, Township 16 North, Range 30 West of the 5th Principal Meridian, Washington County, Arkansas and said GUE being more particularly described as follows: Commencing at the Southwest corner of the NW 1/4 of said SW 1/4; thence N02°28'45"E, 327.61 feet; thence S87°43'05"E, 26.06 feet to a point of curvature and to the POINT OF BEGINNING OF THE GRADING/UTILITY EASEMENT (POB GUE); thence along a curve to the right, an arc distance of 66.19 feet, said curve having a radius of 5679.10 feet, and a chord bearing and distance of N00°45'52"E, 66.19 feet; thence leaving said curve N02°37'09"E, 38.83 feet to the grantor's north property line; thence along said north property line S87°43'05"E, 22.90 feet; thence leaving said north property line S02°37'09"W, 105.00 feet to the grantor's south property line; thence along said south property line N87°43'05"W, 20.76 feet to the POINT OF BEGINNING OF THE GRADING/UTILITY EASEMENT (POB GUE), with said easement containing 2,338 square feet or 0.05 acres. Together with all the rights, easements and privileges in or to said lands which may be required for the full use and enjoyment of the rights herein granted said street purposes being the construction of a road with all its appurtenances and aforementioned utilities thereto by the City of Fayetteville, Arkansas, the maintenance of said road to be the responsibility of the City of Fayetteville, Arkansas. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, until the use of said permanent easement is relinquished, abandoned or vacated and so long as such pipe line or lines, electrical power, telephone and/or television lines or cables, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. 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, 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 bott om lands where they shall be at a height above water. Grading and Utility Easement Page 2 The Grantor agrees not to erect any buildings or structures in said permanent grading and utility easement. This easement cannot be used for above-ground micro-wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines, 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 , 2024. IV Generation Properties, LLC, Arkansas limited liability company By: James Walton Beazley, IV, Member/Manager ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF ) BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared James Walton Beazley, IV, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Member/Manager, of IV Generation Properties, LLC, Arkansas limited liability company, and is duly authorized in his respective capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of , 2024. MY COMMISSION EXPIRES: Notary Public C2 40 FOOT EASEMENT FOR STREET AND UTILITIES DEED BOOK 886 PAGE 57710 FOOT EASEMENT FOR STREET AND UTILITIES DEED BOOK 681 PAGE 163 TCE RW RW RWRWRW RW R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W GUEGUE GUE GUEGUE GUE 4+00 5+00 6+00 7+00P R C : 3 + 6 0 . 6 6 PT : 7 + 1 9 . 5 1 GUE 2338 SQ. FT. 0.05 AC. S02° 37' 09"W-105.00' N87° 43' 05"W-20.76' POC SW CORNER NW 1/4 SW 1/4 SECTION 4 T 16 N R 30 W (Computed point per plat 2006-49278) N02° 28' 45"E- 327.61' PROJECT TRACT # 7 POB GUE R=5679.10', D=66.19' CH=N0°45'52"E, CD=66.19' N02° 37' 09"E-38.83' S87° 43' 05"E-22.90' S87° 43' 05"E-26.06' CONSULTING ENGINEERS, INC. McCLELLAND D E S I G N E D T O S E R V E HTTP://WWW.MCE.US.COM SCALE: DATE: DRAWN BY:PROJ. MANAGER: PROJ. NUMBER: REVISION: BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) EXISTING PROPERTY LINE L E G E N D DEED RECORD TAX PARCEL NUMBER R/W R/W PROPOSED RIGHT-OF-WAY PROPOSED UTILITY EASEMENT TCE TCE PROPOSED TEMP. CONST. EASEMENT EXISTING EASEMENT LINE EXISTING RIGHT-OF-WAY LINER/W PROPOSED DRAINAGE EASEMENTPROPOSED GRADING AND UTILITY EASEMENTGUE PROPOSED GENERAL UTILITY EASEMENTGEN PROPOSED GRADING EASEMENTGE ## # # W: \ 2 0 1 9 \ 1 9 - 2 1 0 7 - H W Y 1 1 2 I M P R O V E M E N T S , A R D O T # 0 4 0 2 7 0 , F A Y E T T E V I L L E \ S U R V E Y \ B O U N D A R Y \ R O W E X H I B I T S \ D B - 2 0 2 2 1 9 2 1 0 7 E A S E M E N T E X H I B I T S . D W G FAYETTEVILLE, ARKANSAS HWY 112 IMPROVEMENTS, ARDOT #040720 AS NOTED PW DB JUNE 2022 192107 EX-7.1 TRACT 7 EXHIBIT "A" MAP IV Generation Properties LLC 1580 E. STEARNS ST. FAYETTEVILLE, AR 72703 (479) 443-2377 C 2022 765-05144-000 2020-2643 7 0 SCALE 1" = 50' 25 50 North Garland Avenue (Arkansas State Highway # 112) variable width right of way (asphalt street) SHEET 1 OF 4 W B i l l i e J o D r i v e (a s p h a l t s t r e e t ) Hwy 112 Improvement Project Parcel No. 765-05144-000 Tract 7 DRAINAGE EASEMENT BE IT KNOWN BYTHESE PRESENTS: THAT WE, IV Generation Properties, LLC, Arkansas limited liability company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee’s successors and assigns, a permanent easement to construct, maintain, repair and/or replace an earthen retaining levee, drainage pipe, open ditch, concrete channel and/or concrete inlet box, and appurtenances thereto, on over, across, under and through the following described land situated in the County of Washington, State of Arkansas, to-wit: PROPERTY DESCRIPTION: Warranty Deed: 2020-02643 A part of the W½ of the NW¼ of the SW¼ of Section 4, Township 16 North, Range 30 West, Washington County, Arkansas, and being more particularly described as follows, to-wit: Beginning at a point which is 990 feet South of the NW corner of said 20 acre tract and running thence North 105 feet; thence East 300 feet; thence South 105 feet; thence West 300 feet to the place of beginning, being a part of Block 5, Evin’s Farm as designated on plat of record in Plat Book 5 at Page 80, plat records of Washington County, Arkansas. LESS AND EXCEPT that portion conveyed to the City of Fayetteville, Arkansas, as additional right of way for Arkansas Highway 112 (Garland Avenue) and described as: A variable width RIGHT OF WAY (ROW), said ROW being a part of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 4, Township 16 North, Range 30 West of the 5th Principal Meridian, Washington County, Arkansas and said ROW being more particularly described as follows: Commencing at the Southwest corner of the NW 1/4 of said SW 1/4; thence N02°28'45"E, 327.61 feet; thence S87°43'05"E, 23.92 feet to the POINT OF BEGINNING OF RIGHT OF WAY (POB ROW); thence N02°37'09"E, 66.17 feet to a point of curvature; thence along a non-tangent curve to the left, an arc distance of 66.19 feet, said curve having a radius of 5679.10 feet, and a chord bearing and distance of S00°45'52"W, 66.19 feet to the grantor's south property line; thence leaving said curve, along said south property line N87°43'05"W, 2.14 feet to the POINT OF BEGINNING OF RIGHT OF WAY (POB ROW), with said ROW containing 67 square feet or 0.002 acres. PERMANENT EASEMENT DESCRIPTION: (DE 1) A 20-foot-wide DRAINAGE EASEMENT (DE), said DE being a part of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 4, Township 16 North, Range 30 West of the 5th Principal Meridian, Washington County, Arkansas and said DE being more particularly described as follows: Commencing at the Southwest corner of the NW 1/4 of said SW 1/4; thence N02°28'45"E, 327.61 feet; thence S87°43'05"E, 26.06 feet to a point of curvature and to the POINT OF BEGINNING OF THE DRAINAGE EASEMENT 1 (POB DE 1); thence along a curve to the right, an arc distance of 20.01 feet, said curve having a radius of 5679.10 feet, and a chord bearing and distance of N00°31'54"E, 20.01 feet; thence leaving said curve, S87°43'05"E, 21.49 feet; thence S02°37'09"W, 20.00 feet to the grantor's south property line; thence along said south property line N87°43'05"W, 20.76 feet to the POINT OF BEGINNING OF DRAINAGE EASEMENT 1 (POB DE 1) with said easement containing 423 square feet or 0.01 acres. (DE 2) A variable width DRAINAGE EASEMENT (DE), said DE being a part of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 4, Township 16 North, Range 30 West of the 5th Principal Meridian, Washington County, Arkansas and said DE being more particularly described as follows: Commencing at the Southwest corner of the NW 1/4 of said SW 1/4; thence N02°28'45"E, 327.61 feet; thence S87°43'05"E, 26.06 feet to a point of curvature; thence along a curve to the right, an arc distance of 66.19 feet, said curve having a radius of 5679.10 feet, and a chord bearing and distance of N00°45'52"E, 66.19 feet to the POINT OF BEGINNING OF THE DRAINAGE EASEMENT 2 (POB DE 2); thence continuing along said curve an arc distance of 1.17 feet, said curve having a radius of 5679.10 feet, and a chord bearing and distance of N01°05'33"E, 1.17 feet; thence leaving said curve N02°37'09"E, 38.83 feet to the grantor's north property line; thence along said north property line S87°43'05"E, 22.90 feet; thence leaving said north property line, S02°37'09"W, 40.00 feet; thence N87°43'05"W, 22.87 feet to the POINT OF BEGINNING OF DRAINAGE EASEMENT 2 (POB DE 2), with said DE 2 containing 916 square feet 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. TO HAVE AND TO HOLD unto said Grantee, its successors, and assigns, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. Drainage Easement Page 2 The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee. The Grantor agrees not to erect any buildings or structures in said permanent easement. This easement cannot be used for above-ground micro-wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional drainage structures within the above-described permanent easement at any time in the future and agrees to pay any damages because 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 , 2024 . IV Generation Properties, LLC, Arkansas limited liability company By: James Walton Beazley, IV, Member/Manager ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF ) BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared James Walton Beazley, IV, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Member/Manager, of IV Generation Properties, LLC, Arkansas limited liability company , and is duly authorized in his respective capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of , 2024. MY COMMISSION EXPIRES: Notary Public C2 40 FOOT EASEMENT FOR STREET AND UTILITIES DEED BOOK 886 PAGE 57710 FOOT EASEMENT FOR STREET AND UTILITIES DEED BOOK 681 PAGE 163 TCE RW RW RWRWRW RW R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W GUEGUE GUE GUEGUE GUE DE 1 423 SQ. FT. 0.01 AC. DE 2 916 SQ. FT. 0.02 AC. 4+00 5+00 6+00 7+00P R C : 3 + 6 0 . 6 6 PT : 7 + 1 9 . 5 1 S02° 37' 09"W-20.00' N87° 43' 05"W-20.76' R=5679.10', D=20.01' CH=N0°31'54"E, CD=20.01' S87° 43' 05"E-21.49' S02° 37' 09"W-40.00' N87° 43' 05"W-22.87' R=5679.10', D=1.17' CH=N1°05'33"E, CD=1.17' N02° 37' 09"E-38.83' S87° 43' 05"E-22.90' POB DE 1 POB DE 2 POC SW CORNER NW 1/4 SW 1/4 SECTION 4 T 16 N R 30 W (Computed point per plat 2006-49278) N02° 28' 45"E- 327.61' PROJECT TRACT # 7 S87° 43' 05"E-23.92' S87° 43' 05"E-26.06' CONSULTING ENGINEERS, INC. McCLELLAND D E S I G N E D T O S E R V E HTTP://WWW.MCE.US.COM SCALE: DATE: DRAWN BY:PROJ. MANAGER: PROJ. NUMBER: REVISION: BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) EXISTING PROPERTY LINE L E G E N D DEED RECORD TAX PARCEL NUMBER R/W R/W PROPOSED RIGHT-OF-WAY PROPOSED UTILITY EASEMENT TCE TCE PROPOSED TEMP. CONST. EASEMENT EXISTING EASEMENT LINE EXISTING RIGHT-OF-WAY LINER/W PROPOSED DRAINAGE EASEMENTPROPOSED GRADING AND UTILITY EASEMENTGUE PROPOSED GENERAL UTILITY EASEMENTGEN PROPOSED GRADING EASEMENTGE ## # # W: \ 2 0 1 9 \ 1 9 - 2 1 0 7 - H W Y 1 1 2 I M P R O V E M E N T S , A R D O T # 0 4 0 2 7 0 , F A Y E T T E V I L L E \ S U R V E Y \ B O U N D A R Y \ R O W E X H I B I T S \ D B - 2 0 2 2 1 9 2 1 0 7 E A S E M E N T E X H I B I T S . D W G FAYETTEVILLE, ARKANSAS HWY 112 IMPROVEMENTS, ARDOT #040720 AS NOTED PW DB JUNE 2022 192107 EX-7.3 TRACT 7 EXHIBIT "A" MAP IV Generation Properties LLC 1580 E. STEARNS ST. FAYETTEVILLE, AR 72703 (479) 443-2377 C 2022 765-05144-000 2020-2643 7 0 SCALE 1" = 50' 25 50 SHEET 3 OF 4 North Garland Avenue (Arkansas State Highway # 112) variable width right of way (asphalt street) W B i l l i e J o D r i v e (a s p h a l t s t r e e t ) TCE Page 1 Hwy 112 Improvement Project Parcel No. 765-05144-000 Tract 7 TEMPORARY CONSTRUCTION AND GRADING EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT WE, IV Generation Properties, LLC, Arkansas limited liability company, hereinafter called GRANTORS, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a temporary construction and grading easement on, over, and through the following described land situated in the County of Washington, State of Arkansas, for the sole purposes necessary for construction of improvements to Highway 112, to-wit: PROPERTY DESCRIPTION: Warranty Deed: 2020-02643 A part of the W½ of the NW¼ of the SW¼ of Section 4, Township 16 North, Range 30 West, Washington County, Arkansas, and being more particularly described as follows, to-wit: Beginning at a point which is 990 feet South of the NW corner of said 20 acre tract and running thence North 105 feet; thence East 300 feet; thence South 105 feet; thence West 300 feet to the place of beginning, being a part of Block 5, Evin’s Farm as designated on plat of record in Plat Book 5 at Page 80, plat records of Washington County, Arkansas. LESS AND EXCEPT that portion conveyed to the City of Fayetteville, Arkansas, as additional right of way for Arkansas Highway 112 (Garland Avenue) and described as: A variable width RIGHT OF WAY (ROW), said ROW being a part of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 4, Township 16 North, Range 30 West of the 5th Principal Meridian, Washington County, Arkansas and said ROW being more particularly described as follows: Commencing at the Southwest corner of the NW 1/4 of said SW 1/4; thence N02°28'45"E, 327.61 feet; thence S87°43'05"E, 23.92 feet to the POINT OF BEGINNING OF RIGHT OF WAY (POB ROW); thence N02°37'09"E, 66.17 feet to a point of curvature; thence along a non-tangent curve to the left, an arc distance of 66.19 feet, said curve having a radius of 5679.10 feet, and a chord bearing and distance of S00°45'52"W, 66.19 feet to the grantor's south property line; thence leaving said curve, along said south property line N87°43'05"W, 2.14 feet to the POINT OF BEGINNING OF RIGHT OF WAY (POB ROW), with said ROW containing 67 square feet or 0.002 acres. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A 7.5-foot-wide TEMPORARY CONSTRUCTION EASEMENT (TCE), said TCE being a part of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 4, Township 16 North, Range 30 West of the 5th Principal Meridian, Washington County, Arkansas and said TCE being more particularly described as follows: Commencing at the Southwest corner of the NW 1/4 of said SW 1/4; thence N02°28'45"E 327.61 feet thence S87°43'05"E 26.06 feet; thence along a curve to the left having a radius of 5679.10 feet for a distance of 66.19 feet and a chord bearing and distance of N0°45’52”E 66.19 feet; thence N02°37’09”E 38.83 feet; thence S87°43’05”E 22.90 feet to the POINT OF BEGINNING OF THE TEMPORARY CONSTRUCTION EASEMENT (POB TCE 1); thence S87°22'51"E 7.50 feet; thence S02°37'09"W 105.00 feet; thence N87°22'51"W 7.50 feet; thence N02°37'09"E 105.00 feet; to the POINT OF BEGINNING OF TEMPORARY CONSTRUCTION EASEMENT (POB TCE 1), with said TCE 1 containing 788 square feet 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 herein-above referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas. It is expressly understood that the above temporary construction and grading easement shall exclude any permanent structure(s) which may be located or under construction within said temporary construction easement area during the construction of this project. TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein set forth. The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. TCE Page 2 It is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this day of , 2024. IV Generation Properties, LLC, Arkansas limited liability company By: James Walton Beazley, IV, Member/Manager ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF ) BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared James Walton Beazley, IV, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Member/Manager, of IV Generation Properties, LLC, Arkansas limited liability company, and is duly authorized in his respective capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of , 2024. MY COMMISSION EXPIRES: Notary Public C2 TCE 788 SQ. FT. 0.02 AC. 40 FOOT EASEMENT FOR STREET AND UTILITIES DEED BOOK 886 PAGE 57710 FOOT EASEMENT FOR STREET AND UTILITIES DEED BOOK 681 PAGE 163 TCE RW RW RWRWRW RW R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W GUEGUE GUE GUEGUE GUE 4+00 5+00 6+00 7+00P R C : 3 + 6 0 . 6 6 PT : 7 + 1 9 . 5 1 R=5679.10', D=66.19' CH=N0°45'52"E, CD=66.19' N02° 37' 09"E-38.83' S87° 43' 05"E-22.90' S02° 37' 09"W-105.00'N87° 22' 51"W-7.50' N02° 37' 09"E-105.00' S87° 22' 51"E-7.50' POB TCE POC SW CORNER NW 1/4 SW 1/4 SECTION 4 T 16 N R 30 W (Computed point per plat 2006-49278) N02° 28' 45"E- 327.61' PROJECT TRACT # 7 S87° 43' 05"E-26.06' CONSULTING ENGINEERS, INC. McCLELLAND D E S I G N E D T O S E R V E HTTP://WWW.MCE.US.COM SCALE: DATE: DRAWN BY:PROJ. MANAGER: PROJ. NUMBER: REVISION: BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) EXISTING PROPERTY LINE L E G E N D DEED RECORD TAX PARCEL NUMBER R/W R/W PROPOSED RIGHT-OF-WAY PROPOSED UTILITY EASEMENT TCE TCE PROPOSED TEMP. CONST. EASEMENT EXISTING EASEMENT LINE EXISTING RIGHT-OF-WAY LINER/W PROPOSED DRAINAGE EASEMENTPROPOSED GRADING AND UTILITY EASEMENTGUE PROPOSED GENERAL UTILITY EASEMENTGEN PROPOSED GRADING EASEMENTGE ## # # W: \ 2 0 1 9 \ 1 9 - 2 1 0 7 - H W Y 1 1 2 I M P R O V E M E N T S , A R D O T # 0 4 0 2 7 0 , F A Y E T T E V I L L E \ S U R V E Y \ B O U N D A R Y \ R O W E X H I B I T S \ D B - 2 0 2 2 1 9 2 1 0 7 E A S E M E N T E X H I B I T S . D W G FAYETTEVILLE, ARKANSAS HWY 112 IMPROVEMENTS, ARDOT #040720 AS NOTED PW DB JUNE 2022 192107 EX-7.4 TRACT 7 EXHIBIT "A" MAP IV Generation Properties LLC 1580 E. STEARNS ST. FAYETTEVILLE, AR 72703 (479) 443-2377 C 2022 765-05144-000 2020-2643 7 0 SCALE 1" = 50' 25 50 SHEET 4 OF 4 North Garland Avenue (Arkansas State Highway # 112) variable width right of way (asphalt street) W B i l l i e J o D r i v e (a s p h a l t s t r e e t ) CASE HISTORY HWY 112 (POPLAR ST – DRAKE ST) Tract 7 IV Generation Properties LLC 7/24/2023 Appraisal by Tom Rife & Associates, Inc. received. Awaiting review and approval by ArDOT to move forward with offers. 1/31/2024 Offer packet mailed including offer letter for proposed right of way acquisition (67sf), permanent grading and utility easement (2338sf), permanent drainage easement (1339sf), temporary construction and grading easement (788sf) and parking lot damages within the proposed acquisition areas. Included in the packet were the plan sheet, exhibit and appraisal summary sheet and W-9. Total offer is $66,100.00. 3/19/2024 hj Sent a reminder email to Mr. Walter Beazley to confirm that he had received the above-mentioned packet of documents and information regarding the project. 3/20 he responded and requested we meet with him on site and explain the plans that were sent to him. 3/21/2024 PL & HJ met with Walt at this property. We left the meeting with Mr. Beazley planning to send us a “reasonable” counteroffer and asking to see the full appraisal. Hj emailed that to him upon returning to the office. 4/16/2024 Reminder email sent. He responded on the 18 th that he would send his counteroffer on Monday. 4/22/2024 Mr. Beazley emailed his counteroffer of $127,000.00, because of anxiety of tenants and how construction phase of this project will affect their quality of life. 4/24/2024 Final Offer $66,100.00 and Notification of May 21, 2024, Council date will be sent. .