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
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ERNIE JACKS BLVD
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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
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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
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10' EASEMENT TO
CITY OF FAYETTEVILLE
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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)
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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
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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
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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-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
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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
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RW
RW
R/W R/W R/W R/W
R/
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R/W R/W R/W R/W
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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'
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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
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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)
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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.