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HomeMy WebLinkAbout137-24 RESOLUTIONFile Number: 2024-71 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 137-24 HWY 112 CONDEMNATION (OSMENT INVESTMENTS): A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY OSMENT INVESTMENTS , LLC ; DUNN & DAVIS TOWNHOMES, LLC ; AND MAE HOLDINGS , LLC NEEDED FOR THE HIGHWAY 112 (GARLAND A VENUE) WIDENING PROJECT WHEREAS, the City of Fayetteville and Osment Investments , LLC ; Dunn & Davis Townhomes , LLC ; and Mae Holdings , LLC have been unable to agree upon a fair price for approximately 3,397 square feet of right of way , 6,073 square feet of permanent grading and utility easement, and 800 square feet of permanent drainage 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 112 (Garland Avenue) Widening Project and owned by Osment Investments, LLC; Dunn & Davis Townhomes, LLC ; and Mae Holdings, LLC , that is needed for a right-of-way , permanent grading and utility , and permanent drainage easements for the project and to pay into the registry of the Circuit Court just compensation in the amount of$136,000.00 . 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 2024-71 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 Osment Investments, LLC, Dunn & Davis Townhomes, LLC and Mae Holdings, 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 Osment Investments, LLC, Dunn & Davis Townhomes, LLC and Mae Holdings, 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 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov 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. DISCUSSION: Right of way and easement acquisition began for this project in January of 2024. The owner of this property at 2000 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 3,397 square feet of right of way, 6,073 square feet of permanent grading & utility easement, and 806 square feet of permanent drainage 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 $136,000 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 - 2000 N Garland Ave (#4), GIS Aerial - Osment Investments (#5), Documents & Exhibits - Osment Investments (#6), Case History - Osment Investments (#7) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-71 Approval of a Resolution authorizing the City Attorney to seek condemnation and an order of possession of certain land owned by Osment Investments, LLC, Dunn & Davis Townhomes, LLC and Mae Holdings, 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 OSMENT INVESTMENTS, LLC; DUNN & DAVIS TOWNHOMES, LLC; AND MAE HOLDINGS, LLC NEEDED FOR THE HIGHWAY 112 (GARLAND AVENUE) WIDENING PROJECT WHEREAS, the City of Fayetteville and Osment Investments, LLC; Dunn & Davis Townhomes, LLC; and Mae Holdings, LLC have been unable to agree upon a fair price for approximately 3,397 square feet of right of way, 6,073 square feet of permanent grading and utility easement, and 800 square feet of permanent drainage 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 Osment Investments, LLC; Dunn & Davis Townhomes, LLC; and Mae Holdings, LLC, that is needed for a right-of-way, permanent grading and utility, and permanent drainage easements for the project and to pay into the registry of the Circuit Court just compensation in the amount of $136,000.00. 4/25/2024 Submitted Date Yes 1,946,786.00$ 136,000.00$ 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 -$ 1,810,786.00$ 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 2024-71 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 Osment Investments, LLC, Dunn & Davis Townhomes, LLC and Mae Holdings, 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 Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: 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.) 2000 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 2sment Investments, LLC 'unn 'avis Townhomes, LLC and Mae +oldings, LLC 2000 N. Garland Avenue GA R L A N D A V E N U E Hwy 112 Improvements (Part of) Parcel No. 765-05145-000 Tract 8 WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT WE, Osment Investments, LLC, an Arkansas limited liability company, Dunn and Davis Townhomes, LLC, an Arkansas limited liability company, and Mae Holdings, LLC, an Arkansas limited liability company , hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby 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 along the grantor's south property line S87°15'09"E 23.12 feet to the POINT OF BEGINNING OF RIGHT OF WAY (POB ROW); thence leaving said south property line N02°37'09"E, 327.80 feet to the grantor's north property line; thence along said north property line S87°43'05"E, 2.14 feet to a point of curvature; thence leaving said north line, along a curve to the left, an arc distance of 138.78 feet to a point of reverse curve, said curve having a radius of 5679.10 feet, and a chord bearing and distance of S00°16'10"E, 138.77 feet; thence, leaving said curve, along a reverse curve to the right, an arc distance of 189.46 feet to the grantor's south property line, said curve having a radius of 5780.10 feet, and a chord bearing and distance of S00°01'49"E, 189.45 feet; thence leaving said curve, along said south property line N87°15'09"W, 17.89 feet to the POINT OF BEGINNING OF RIGHT OF WAY (POB ROW), with said ROW containing 3,397 square feet or 0.08 acres. 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. REVENUE STAMPS AFFIDAVIT Dunn and Davis Townhomes, LLC The foregoing deed has the correct amount of Revenue Early Holdings LLC, Member Stamps affixed to it or is exempt from such stamps. City of Fayetteville 113 W. Mountain By: Fayetteville, AR 72701 Jacob Newell, Manager of Early Holdings LLC 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 Jacob Newell, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Manager of Early Holdings, LLC, the Member of Dunn and Davis Townhomes, LLC, an 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 Tract 8-WD Page 2 WITNESS the execution hereof on this day of , 2024. Osment Investments, LLC By: Ray Osment, Member 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 Ray Osment, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Member of Osment Investments, LLC, an 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 WITNESS the execution hereof on this day of , 2024. Mae Holdings, LLC By: Mitchell Moore, Member 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 Mitchell Moore, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Member of Mae Holdings, LLC, an 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 C1 C2 10' EASEMENT TO CITY OF FAYETTEVILLE DEED BOOK 842 PG. 153 RW RW RW RW RW RW R/W R/W R/W R/W R/ W R/W R/W R/W R/W GUE GUE GUE GUE GUE GUE 2+00 3+00 4+00 5+00 P R C : 3 + 6 0 . 6 6 P.O.C. SW CORNER NW 1/4 SW 1/4 SECITON 4 T 16 N R 30 W (Computed point per plat 2006-49728) POB ROW PROJECT TRACT # 8 S87° 15' 09"E-23.12' ROW 3397 SQ. FT. 0.08 AC. R =5 7 8 0.10',D=1 8 9.4 6 ' C H=S 0 °01'4 9"E ,C D=1 8 9.4 5 ' N8 7 ° 1 5 ' 0 9 " W - 1 7 . 8 9 ' N02° 37' 09"E-327.80' S87° 43' 05"E-2.14' R=5679.10', D=138.78' CH=S0°16'10"E, CD=138.77' 0 SCALE 1" = 50' 25 50 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-8.2 TRACT 8 EXHIBIT "A" MAP Osment Investments LLC; Mae Holdings LLC; Dunn & Davis Townhomes LLC 1580 E. STEARNS ST. FAYETTEVILLE, AR 72703 (479) 443-2377 C 2022 765-05145-000 2021-49143 SHEET 2 OF 3 North Garland Avenue (Arkansas State Highway # 112) variable width right of way (asphalt street) No r t h J a n i c e A v e n u e (2 0 - f o o t w i d e a s p h a l t s t r e e t ) We s t P o p l a r S t r e e t (2 0 - f o o t w i d e a s p h a l t s t r e e t ) 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. 765-05145-000 Tract 8 PERMANENT GRADING & UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT WE, Osment Investments, LLC, an Arkansas limited liability company, Dunn and Davis Townhomes, LLC, an Arkansas limited liability company, and Mae Holdings, LLC, an Arkansas limited liability company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby 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: 2021-49143) A part of the West half (W1/2) of the South half (S1/2) of Lot Five (5) of Evins Farm addition to the City of Fayetteville, Washington County, Arkansas, being located in the West half (W1/2) of the Northwest quarter (NW¼) of the Southwest quarter (SW¼) of Section Four (4), Township Sixteen (16) North, Range Thirty (30) West, and being more particularly described as follows: Beginning at the Southwest corner of the West half (W1/2) of the Northwest Quarter (NW¼) of the Southwest Quarter (SW¼) of said Section Four, said point also being the Southwest corner of said Lot Five and being located in Garland Avenue and from which an existed reference iron on the East right of way line of said street bears North 89 degrees 54 minutes 48 seconds East 24.07 feet; thence North 00 degrees 18 minutes 03 seconds East along the West line of said Lot Five (5) 329.75 feet to the Northwest corner of the South half (S1/2) of Lot Five (5) of said Evins Farm said point being in Garland Avenue and from which an existing reference iron on the East right of way line of said street bears North 89 degrees 49 minutes 51 seconds East 22. 37 feet; thence leaving the West line of said Lot five (5) North 89 degrees 49 minutes 51 seconds east 307.37 feet to an existing iron; thence leaving the North line of the South half (S1/2) of Lot five (5) of said Evins Farm South 00 degrees 04 minutes 43 seconds east 330.19 feet to a set ½” iron rebar on the South line of said Lot Five (5); thence South 89 degrees 54 minutes 48 seconds West 309.55 feet to the point of beginning, containing 2.34 acres, more or less. ALSO, the North 10 feet of a 20-foot vacated street running east and west adjoining the south side of the south half of Lot 5 of Evin’s Farm, a Subdivision to the City of Fayetteville, Arkansas by virtue of Ordinance No. 1899, filed January 23, 1973. LESS AND EXCEPT that portion conveyed to the City of Fayetteville for the purpose of additional right of way of Arkansas Highway 112 or 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 along the grantor's south property line S87°15'09"E 23.12 feet to the POINT OF BEGINNING OF RIGHT OF WAY (POB ROW); thence leaving said south property line N02°37'09"E, 327.80 feet to the grantor's north property line; thence along said north property line S87°43'05"E, 2.14 feet to a point of curvature; thence leaving said north line, along a curve to the left, an arc distance of 138.78 feet to a point of reverse curve, said curve having a radius of 5679.10 feet, and a chord bearing and distance of S00°16'10"E, 138.77 feet; thence, leaving said curve, along a reverse curve to the right, an arc distance of 189.46 feet to the grantor's south property line, said curve having a radius of 5780.10 feet, and a chord bearing and distance of S00°01'49"E, 189.45 feet; thence leaving said curve, along said south property line N87°15'09"W, 17.89 feet to the POINT OF BEGINNING OF RIGHT OF WAY (POB ROW), with said ROW containing 3,397 square feet or 0.08 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 along the grantor's south property line S87°15'09" E 41.01 feet to a point of curvature; thence leaving said south line, along a curve an arc distance of 25.01 feet, said curve having a radius of 5780.10 feet and a chord bearing and distance of N00°47'05" E 25.01 feet to the POINT OF BEGINNING OF THE GRADING/UTILITY EASEMENT (POB GUE), thence continuing along said curve to the left, an arc distance of 164.45 feet to a point of reverse curve, said curve having a radius of 5780.10 feet, and a chord bearing and distance of N00°09'16"W, 164.44 feet; thence along a reverse curve to the right, an arc distance of 138.78 feet to the grantor's north property line, said curve having a radius of 5679.10 feet, and a chord bearing and distance of N00°16'10"W, 138.77 feet; thence leaving said curve, along said north Grading and Utility Easement Page 2 property line S87°43'05"E, 20.76 feet; thence leaving said north property line, S02°37'09"W, 18.73 feet to a point of curvature; thence along a curve to the left, an arc distance of 118.90 feet to a point of reverse curve, said curve having a radius of 5659.10 feet, and a chord bearing and distance of S00°22'03"E, 118.90 feet; thence along said reverse curve to the right, an arc distance of 165.75 feet, said curve having a radius of 5800.10 feet, and a chord bearing and distance of S00°09'03"E, 165.74 feet; thence leaving said curve, N87°15'09"W, 20.01 feet to the POINT OF BEGINNING OF THE GRADING/UTILITY EASEMENT (POB GUE), with said GUE containing 6,073 square feet or 0.14 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. 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. Dunn and Davis Townhomes, LLC Early Holdings LLC, Member By: Jacob Newell, Manager of Early Holdings LLC 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 Jacob Newell, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Manager of Early Holdings, LLC, the Member of Dunn and Davis Townhomes, LLC, an 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 Grading and Utility Easement Page 3 WITNESS the execution hereof on this day of , 2024. Osment Investments, LLC By: Ray Osment, Member 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 Ray Osment, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Member of Osment Investments, LLC, an 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 Grading and Utility Easement Page 4 WITNESS the execution hereof on this day of , 2024. Mae Holdings, LLC By: Mitchell Moore, Member 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 Mitchell Moore, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Member of Mae Holdings, LLC, an 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 C1 C2 10' EASEMENT TO CITY OF FAYETTEVILLE DEED BOOK 842 PG. 153 RW RW RW RW RW RW R/W R/W R/W R/W R/ W R/W R/W R/W R/W GUE GUE GUE GUE GUE GUE 2+00 3+00 4+00 5+00 P R C : 3 + 6 0 . 6 6 GUE 6073 SQ. FT. 0.14 AC. R=5800.10', D=165.75' CH=S0°09'03"E, CD=165.74'N8 7 ° 1 5 ' 0 9 " W - 2 0 . 0 1 ' R=5780.10', D=164.45' CH=N0°09'16"W, CD=164.44' R=5679.10', D=138.78' CH=N0°16'10"W, CD=138.77' S8 7 ° 4 3 ' 0 5 " E - 2 0 . 7 6 ' S02° 37' 09"W-18.73' R=5659.10', D=118.90' CH=S0°22'03"E, CD=118.90' P.O.C. SW CORNER NW 1/4 SW 1/4 SECITON 4 T 16 N R 30 W (Computed point per plat 2006-49728) PROJECT TRACT # 8 R=5780.10', D=25.01' CH=N0°47'05"E, CD=25.01' S87° 15' 09"E-41.01' POB GUE 0 SCALE 1" = 50' 25 50 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-8.1 TRACT 8 EXHIBIT "A" MAP Osment Investments LLC; Mae Holdings LLC; Dunn & Davis Townhomes LLC 1580 E. STEARNS ST. FAYETTEVILLE, AR 72703 (479) 443-2377 C 2022 765-05145-000 2021-49143 North Garland Avenue (Arkansas State Highway # 112) variable width right of way (asphalt street) SHEET 1 OF 3 No r t h J a n i c e A v e n u e (2 0 - f o o t w i d e a s p h a l t s t r e e t ) We s t P o p l a r S t r e e t (2 0 - f o o t w i d e a s p h a l t s t r e e t ) 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. 765-05145-000 Tract 8 DRAINAGE EASEMENT BE IT KNOWN BYTHESE PRESENTS: THAT WE Osment Investments, LLC, an Arkansas limited liability company, Dunn and Davis Townhomes, LLC, an Arkansas limited liability company, and Mae Holdings, LLC, an Arkansas limited liability company , hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby 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: 2021-49143) A part of the West half (W1/2) of the South half (S1/2) of Lot Five (5) of Evins Farm addition to the City of Fayetteville, Washington County, Arkansas, being located in the West half (W1/2) of the Northwest quarter (NW¼) of the Southwest quarter (SW¼) of Section Four (4), Township Sixteen (16) North, Range Thirty (30) West, and being more particularly described as follows: Beginning at the Southwest corner of the West half (W1/2) of the Northwest Quarter (NW¼) of the Southwest Quarter (SW¼) of said Section Four, said point also being the Southwest corner of said Lot Five and being located in Garland Avenue and from which an existed reference iron on the East right of way line of said street bears North 89 degrees 54 minutes 48 seconds East 24.07 feet; thence North 00 degrees 18 minutes 03 seconds East along the West line of said Lot Five (5) 329.75 feet to the Northwest corner of the South half (S1/2) of Lot Five (5) of said Evins Farm said point being in Garland Avenue and from which an existing reference iron on the East right of way line of said street bears North 89 degrees 49 minutes 51 seconds East 22. 37 feet; thence leaving the West line of said Lot five (5) North 89 degrees 49 minutes 51 seconds east 307.37 feet to an existing iron; thence leaving the North line of the South half (S1/2) of Lot five (5) of said Evins Farm South 00 degrees 04 minutes 43 seconds east 330.19 feet to a set ½” iron rebar on the South line of said Lot Five (5); thence South 89 degrees 54 minutes 48 seconds West 309.55 feet to the point of beginning, containing 2.34 acres, more or less. ALSO, the North 10 feet of a 20 -foot vacated street running east and west adjoining the south side of the south half of Lot 5 of Evin’s Farm, a Subdivision to the City of Fayetteville, Arkansas by virtue of Ordinance No. 1899, filed January 23, 1973. LESS AND EXCEPT that portion conveyed to the City of Fayetteville for the purpose of additional right of way of Arkansas Highway 112 or 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 along the grantor's south property line S87°15'09"E 23.12 feet to the POINT OF BEGINNING OF RIGHT OF WAY (POB ROW); thence leaving said south property line N02°37'09"E, 327.80 feet to the grantor's north property line; thence along said north property line S87°43'05"E, 2.14 feet to a point of curvature; thence leaving said north line, along a curve to the left, an arc distance of 138.78 feet to a point of reverse curve, said curve having a radius of 5679.10 feet, and a chord bearing and distance of S00°16'10"E, 138.77 feet; thence, leaving said curve, along a reverse curve to the right, an arc distance of 189.46 feet to the grantor's south property line, said curve having a radius of 5780.10 feet, and a chord bearing and distance of S00°01'49"E, 189.45 feet; thence leaving said curve, along said south property line N87°15'09"W, 17.89 feet to the POINT OF BEGINNING OF RIGHT OF WAY (POB ROW), with said ROW containing 3,397 square feet or 0.08 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 Fifth 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 ¼ thence S87°15'09"E 41.01 feet to a point of curvature, said curve to the left, having an arc distance of 25.01 feet and having a radius of 5780.10 and a chord bearing and distance of N 00°47’05”E 25.01 feet; thence along a curve to the left with an arc distance of 107.93, having a radius of 5780.10 and a chord bearing and distance of N00°07'33"W 107.93 feet to the POINT OF BEGINNING OF DRAINAGE EASEMENT 1 (POB DE 1); thence along a curve to the left, an arc distance of 20.00 feet, said curve having a radius of 5780.10 feet, and a chord bearing and distance of N00°30'30"W, 20.00 feet; thence leaving said curve, N89°29'30"E, 20.00 feet to point of curvature; thence along a curve to the right, an arc distance of 20.00 feet, said curve having a radius of 5800.10 feet, and a chord bearing and distance of S00°30'30"E, 20.00 feet; thence S89°29'30"W, 20.00 feet to the POINT OF BEGINNING OF DRAINAGE EASEMENT 1 (POB DE 1), with said DE containing 400 square feet or 0.01 acres. Drainage Easement Page 2 (DE 2) 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 along the grantor's south property line S87°15'09"E 23.12 feet; thence leaving said south property line N02°37'09"E, 327.80 feet to the grantor's north property line; thence along said north property line S87°43'05"E, 2.14 feet to the POINT OF BEGINNING OF DRAINAGE EASEMENT 2 (POB DE 2); thence along said north property line S87°43'05"E, 20.76 feet; thence S02°37'09"W, 18.73 feet to a point of curvature thence along a curve to the left, an arc distance of 1.27 feet, said curve having a radius of 5659.10 feet, and a chord bearing and distance of S00°13'41"W, 1.27 feet; thence leaving said curve, N87°43'15"W, 19.92 feet to a point of curvature thence along a curve to the right, an arc distance of 20.02 feet, said curve having a radius of 5680.30 feet, and a chord bearing and distance of N00°04'32"E, 20.02 feet to the POINT OF BEGINNING OF DRAINAGE EASEMENT 2 (POB DE 2) with said DE 2 containing, 406 square feet or 0.01 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. 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. Dunn and Davis Townhomes, LLC Early Holdings LLC, Member By: Jacob Newell, Manager of Early Holdings LLC 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 Jacob Newell, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Manager of Early Holdings, LLC, the Member of Dunn and Davis Townhomes, LLC, an 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 Drainage Easement Page 3 WITNESS the execution hereof on this day of , 2024. Osment Investments, LLC By: Ray Osment, Member 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 Ray Osment, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Member of Osment Investments, LLC, an 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 WITNESS the execution hereof on this day of , 2024. Mae Holdings, LLC By: Mitchell Moore, Member 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 Mitchell Moore, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Member of Mae Holdings, LLC, an 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 DE 1 400 SQ. FT. 0.01 AC. C1 C2 10' EASEMENT TO CITY OF FAYETTEVILLE DEED BOOK 842 PG. 153 RW RW RW RW RW RW R/W R/W R/W R/W R/ W R/W R/W R/W R/W GUE GUE GUE GUE GUE GUE 2+00 3+00 4+00 5+00 P R C : 3 + 6 0 . 6 6 DE 2 406 SQ. FT. 0.01 AC. R=5800.10', D=20.00' CH=S0°30'30"E, CD=20.00' S89° 29' 30"W-20.00' R=5780.10', D=20.00' CH=N0°30'30"W, CD=20.00' N89° 29' 30"E-20.00' S02° 37' 09"W-18.73' R=5659.10', D=1.27' CH=S0°13'41"W, CD=1.27' N87° 43' 15"W-19.92' R=5680.30', D=20.02' CH=N0°04'32"E, CD=20.02' S87° 43' 05"E-20.76' P.O.C. SW CORNER NW 1/4 SW 1/4 SECITON 4 T 16 N R 30 W (Computed point per plat 2006-49728) POB DE 1 PROJECT TRACT # 8 R =5 7 8 0.10 ',D=10 7.9 3' C H=N 0 °0 7 '33 "E ,C D=10 7 .9 3 ' R=5780.10', D=25.01' CH=N0°47'05"E, CD=25.01' S8 7 ° 1 5 ' 0 9 " E - 4 1 . 0 1 ' POB DE 2 N02° 37' 09"E-327.80' S87° 43' 05"E-2.14' S87° 15' 09"E-23.12' 0 SCALE 1" = 50' 25 50 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-8.3 TRACT 8 EXHIBIT "A" MAP Osment Investments LLC; Mae Holdings LLC; Dunn & Davis Townhomes LLC 1580 E. STEARNS ST. FAYETTEVILLE, AR 72703 (479) 443-2377 C 2022 765-05145-000 2021-49143 SHEET 3 OF 3 North Garland Avenue (Arkansas State Highway # 112) variable width right of way (asphalt street) No r t h J a n i c e A v e n u e (2 0 - f o o t w i d e a s p h a l t s t r e e t ) We s t P o p l a r S t r e e t (2 0 - f o o t w i d e a s p h a l t s t r e e t ) W Billie Jo Drive (asphalt street) CASE HISTORY HWY 112 (POPLAR ST – DRAKE ST) Tract 8 Osment Investments, LLC Dunn & Davis Townhomes, LLC Mae Holdings, LLC 9/21/2023 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 (3397sf), permanent grading and utility easement (6073sf), permanent drainage easement (806sf) and landscaping damages for trees within the proposed acquisition areas. Included in packet were the plan sheet, exhibit and appraisal summary sheet and W-9. Total offer is $136,000.00. 2/14/2024 Email from Mitch Moore, Manager of Mae Holdings LLC, rejecting our offer and requesting $277,452.00. After reviewing his comps, it was discovered that all but one are Commercial or RMF-40. This property is zoned RMF- 24. We declined their counteroffer via email 2/15/2024. 3/19/2024 hj Sent a reminder email to Mr. Moore asking for an update or response. 3/20 Mr. Moore responded that he would like to meet via Zoom, still indicating that the comps in our appraisal don’t match their property. A meeting was set for 3/25 with hj, Paul L. and Mr. Moore via Google by Mr. Moore. 3/25/2024 This meeting consisted of conversations regarding the valuation of property based on the appraisal and the fact that our appraisal was reviewed and approved by ARDOT for offers. We left the meeting indicating that we would have a conversation with ARDOT to determine the amount they would approve through our own negotiations with further approval through them. 4/2/2024 A counteroffer from the City of Fayetteville was emailed and mailed. All right of way and easement square footage stayed the same. Total offer $149,600.00 or 10% more than our previous offer as approved by ARDOT. 4/5/2024 Mr. Moore emailed that they decline our offer and counteroffer $236,348.00 again stating that their comps are better than ours. 4/24/2024 Final Offer $149,600.00 and Notification of May 21, 2024 Council date will be sent.