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$
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ERNIE JACKS BLVD
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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
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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
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SECTION 4
T 16 N R 30 W
(Computed point
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N02° 28' 45"E-
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PROJECT TRACT # 7
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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
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EXISTING EASEMENT LINE
EXISTING RIGHT-OF-WAY LINER/W
PROPOSED DRAINAGE EASEMENTPROPOSED GRADING AND UTILITY EASEMENTGUE
PROPOSED GENERAL UTILITY EASEMENTGEN PROPOSED GRADING EASEMENTGE
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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
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SCALE 1" = 50'
25 50
SHEET 2 OF 4
North Garland Avenue (Arkansas State Highway # 112)
variable width right of way (asphalt street)
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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
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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
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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
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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
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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
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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)
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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
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4+00
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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
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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)
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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.
.