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HomeMy WebLinkAbout216-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 216-24 File Number: 2024-446 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION (EASEMENT AGREEMENT): A RESOLUTION TO APPROVE A RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH CRP/WRDP HAZEN OWNER, LLC TO ALLOW THE DEVELOPER TO ACCESS AND MAKE CERTAIN IMPROVEMENTS TO PARKLAND ALONG HAMESTRING CREEK EAST OF RUPPLE ROAD WHEREAS, CRP/WRDP Hazen Owner, LLC has dedicated approximately 7.25 acres of parkland to the City as required by the Unified Development Code for LSIP-2020-003, which is a multifamily residential project at the southeast corner of West Mount Comfort Road and North Rupple Road; and WHEREAS, CRP/WRDP Hazen Owner, LLC has requested that the City approve a Right of Entry and Temporary Construction Easement Agreement that will allow the developer and its contractors to access the parkland for certain construction activities; and WHEREAS, the agreement will allow the developer to construct improvements on its property adjacent to the parkland, make grading alterations within the parkland, and construct trails and/or walkways within the parkland pursuant to specifications and plans approved by the City. 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 Mayor Jordan to sign the Right of Entry and Temporary Construction Easement Agreement attached to this Resolution with CRP/WRDP Hazen Owner, LLC to allow the developer and its contractors to access and make certain alterations and improvements to parkland along Hamestring Creek between Rupple Road and Salem Road. PASSED and APPROVED on September 3, 2024 Page 1 Resolution: 216-24 File Number: 2024-446 Page 2 Attest: `````Nk' i � 1rRF s�.. -c-�; f-AYETI EVII-L Kara Paxton, City Clerk Treasurer ���y�S�•9�KAPJ`�,P�.l`�`�• CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 3, 2024 TO: Mayor Jordan and City Council THRU: FROM: Blake Pennington, Assistant City Attorney CITY COUNCIL MEMO SUBJECT: Right of Entry and Temporary Construction Easement Agreement RECOMMENDATION: 2024-446 Staff recommends that the City Council authorize the Mayor to execute a Right of Entry and Temporary Construction Easement Agreement with CRP/WRDP Hazen Owner, LLC to allow the developer to access and make certain improvements to parkland along Hamestring Creek between Rupple Road and Salem Road. BACKGROUND: LSIP-2020-003, a multi -family residential project at the southeast corner of Rupple Road and Mount Comfort Road was approved by the City.The developer dedicated approximately 7.25 acres of parkland as required by the Unified Development Code. DISCUSSION: CRP/WRDP Hazen Owner, LLC has requested that the City approve a Right of Entry and Temporary Construction Easement Agreement that will allow the developer and its contractors to access the parkland, which will allow the developer to construct improvements on its property adjacent to the parkland, make grading alterations within the parkland, and construct trails and/or walkways within the parkland pursuant to specifications and plans approved by the City. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: Right of Entry and Temporary Construction Easement Agreement (#3), Hazen Easement Plat (#4), Hazen Parkland Dedication Warranty Deed (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-446 Right of Entry and Temporary Construction Easement Agreement A RESOLUTION TO APPROVE A RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH CRP/WRDP HAZEN OWNER, LLC TO ALLOW THE DEVELOPER TO ACCESS AND MAKE CERTAIN IMPROVEMENTS TO PARKLAND ALONG HAMESTRING CREEK EAST OF RUPPLE ROAD WHEREAS, CRP/WRDP Hazen Owner, LLC has dedicated approximately 7.25 acres of parkland to the City as required by the Unified Development Code for LSIP-2020-003, which is a multifamily residential project at the southeast corner of West Mount Comfort Road and North Rupple Road; and WHEREAS, CRP/WRDP Hazen Owner, LLC has requested that the City approve a Right of Entry and Temporary Construction Easement Agreement that will allow the developer and its contractors to access the parkland for certain construction activities; and WHEREAS, the agreement will allow the developer to construct improvements on its property adjacent to the parkland, make grading alterations within the parkland, and construct trails and/or walkways within the parkland pursuant to specifications and plans approved by the City. 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 Mayor Jordan to sign the Right of Entry and Temporary Construction Easement Agreement attached to this Resolution with CRP/WRDP Hazen Owner, LLC to allow the developer and its contractors to access and make certain alterations and improvements to parkland along Hamestring Creek between Rupple Road and Salem Road. Page 1 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Mayor Lioneld Jordan, on behalf of the City of Fayetteville, Arkansas ("Grantor"), owner of that certain real property located in Washington County, State of Arkansas, which is more particularly described on Exhibit A attached hereto (the "Easement Premises"), does hereby grant to CRP/WRDP Hazen Owner, L.L.C., a Delaware limited liability company, for itself and its agents, contractors and successors and assigns ("Grantee"), owner of that certain real property located in Washington County, State of Arkansas immediately adjacent to the Easement Premises, which is more particularly described on Exhibit B attached hereto (the "Benefitted Premises"), the right of entry and access to and a temporary construction easement over, through, upon, under, and across, the Easement Premises for: construction activities related to constructing improvements on the Benefitted Premises, as well as making certain alterations to the grade on the Easement Premises while constructing such improvements and, upon receiving the necessary administrative approvals from the Grantor, constructing certain trails and/or walkways on the Easement Premises pursuant to the specifications and plans agreed upon by Grantor as part of such approvals (collectively, "Construction Activities"). This Right of Entry and Temporary Construction Easement Agreement (this "Agreement") will terminate on the earlier of the (1) written agreement of Grantor and Grantee to terminate this Agreement or (ii) automatically upon the completion of the Construction Activities evidenced by a final certificate of occupancy granted by the City of Fayetteville with respect to the completion of construction of a multi -family apartment project on the Benefitted Premises, which termination will be evidenced by a filing in the real property records of Washington County, State of Arkansas. The City shall have the right to suspend the Grantee's rights under this Agreement upon written notice to Grantee if the City believes, in its sole discretion, that Grantee, or Grantee's employees, agents or contractors, may be in violation of the Fayetteville City Code or state or federal law with respect to its activities on either the Easement Premises or the Benefitted Premises. Such suspension may remain in place for such time as the City needs to investigate potential violations. If, following an investigation, the City issues a notice of violation in accordance with § 153.04 of the Unified Development Code, the City shall have the option to: 1) extend the suspension until the Grantee is fully compliant with all permits and applicable regulations; or 2) terminate this Agreement by written notice to Grantee, which termination will be evidenced by a filing in the real property records of Washington County, State of Arkansas. After the Construction Activities are completed, Grantee agrees to leave the Easement Premises in a clean, sanitary and restored condition. If any of Grantee's activities damages any portion of the Easement Premises including, but not limited to, a fence, landscaped area, graded area, curb, or paved surface, Grantee shall repair, restore or replace the damaged portion with materials of like quality to approximately the same condition as existed prior to such damage. 769679275.2 Grantee agrees to indemnify, defend, and hold harmless Grantor and its officers, employees, agents, successors and assigns from and against any actual, third party liability, actions, claims, demands, costs, losses or damages (excluding consequential, special, punitive and other indirect damages, except to the extent claimed by third parties), including reasonable, third party attorneys' fees to the extent arising or resulting from Grantee's negligence or willful misconduct in carrying out the Construction Activities, or otherwise accessing the Easement Premises. This indemnification obligation will survive any termination of this Agreement. [Signature Pages Follow] 768679275.2 IN WITNESS WHEREOF, the parties hereby executive this Agreement to be effective this day of , 2024. CITY OF VLionbld Jordan, ay(Yr .0 1gs��i jT R E�. ATTEST: y: — •�? Kara Paxton Cit Clerk-Treasuf�fi •. �R N`P i i i WO STATE OF ARKANSAS ) ss. COUNTY OF WASHINGTON ) On S + , 2024, before me, a Notary Public in and for the State of Arkansas, personally appea ed Lioneld Jordan, as Mayor of the City of Fayetteville, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his authorized capacity on behalf of the City. Given under my hand and seal the day and year last above written. — 2� Nota ublic My Commission Expires: I211a 33 My Commission Number: 12I2--bi1+1 768679275.2 O N DR. : ♦ ON ?� • s NOTAAy`'w ; iS OL.IG �'=ti�.•.'P�s42�- ,: Qom. co �11Ui fill, GRANTEE: CRP/WRDP Hazen Owner, L.L.C., a Delaware limited liability company By: CRP/WRDP Hazen Venture, L.L.C., a Delaware limited liability company, its sole member By: WRDP-Hazen Investors, LLC, an Arkansas limited liability company, its authorized member By: � -A� Ja6l E. Bradshaw Manager ATTEST: By: Name: si`c, M . kur i Title: STATE OF ss. COUNTY OF natVx. �O , 2024, before me, a Notary Public in and for the State of uKl(4 K4J-� , personally appeared Jason Bradshaw, as Manager of WRDP-Hazen Investors, LLC, the authorized member of CRP/WRDP Hazen Venture, L.L.C., the sole member of CRP/WRDP Hazen Owner, L.L.C., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his authorized capacity on behalf of the company. Given under my hand and seal the day apo year last above w 'tte Notary Public �Iluiullln My Commission Expires: My Commission Number: Q # 02003711 Z EXP.04/06/26: Q= OF OK\- ����lllllllllll���\ 769679275.2 Exhibit A Easement Premises Legal Description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xhibit B Benefitted Premises Legal Description A PART OF THE NORTHWEST QUARTER OF THE FRACTIONAL SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND ALSO A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, LESS AND EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PROPERTY CONVEYED TO THE CITY OF FAYETTEVILLE, ARKANSAS, BY WARRANTY DEED TO BE FILED FOR RECORD IN THE PUBLIC RECORDS OF WASHINGTON COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT AN EXISTING ALUMINUM MONUMENT MARKING THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1 AND RUNNING THENCE S02°36'47"W 42.79' TO AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, THENCE S87°27'20"E 1779.65' TO AN EXISTING REBAR, THENCE NO2°24'07"E 27.74' TO AN EXISTING REBAR, THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 215.00' FOR A CHORD BEARING AND DISTANCE OF N32044'46"W 248.27' TO AN EXISTING REBAR, THENCE N67°58'46"W 116.73' TO AN EXISTING REBAR, THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 285.00' FOR A CHORD BEARING AND DISTANCE OF N55047'51 "W 120.46' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE N87053'56"W 322.31', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1850.43' FOR A CHORD BEARING AND DISTANCE OF N63051'23"W 79.23', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 872.62' FOR A CHORD BEARING AND DISTANCE OF N68017'51 "W 98.00', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3170.76' FOR A CHORD BEARING AND DISTANCE OF N77016'04"W 635.49', THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 460.79' FOR A CHORD BEARING AND DISTANCE OF N63056'57"W 301.61', THENCE N40018'06"E 7.80', THENCE N49044'31 "W 175.51' TO THE EAST RIGHT-OF-WAY OF NORTH RUPPLE ROAD, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 550.50' FOR A CHORD BEARING AND DISTANCE OF N33012'19"E 55.80' TO AN EXISTING REBAR, ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 563.50' FOR A CHORD BEARING AND DISTANCE OF N19037'32"E 264.85' TO AN EXISTING REBAR, N27°00'00"E 125.81' TO AN EXISTING REBAR, N50041'56"E 49.66' TO AN EXISTING REBAR ON THE SOUTH RIGHT-OF-WAY OF WEST MOUNT COMFORT ROAD, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: N80025'57"E 155.42' TO AN EXISTING REBAR, N78019'44"E 124.30' TO AN EXISTING REBAR, N82031'41"E 48.00' TO AN EXISTING REBAR, N88030'25"E 137.61, TO AN EXISTING REBAR, S87° 15'25"E 334.50' TO AN EXISTING REBAR, THENCE LEAVING SAID SOUTH RIGHT-OF-WAY S02037'36"W 122.92' TO AN EXISTING REBAR, THENCE S87022'24"E 2.65' TO AN EXISTING REBAR, THENCE S02050'30"W 114.50' TO AN EXISTING REBAR, THENCE S88026'09"E 29.28' TO AN EXISTING REBAR, THENCE S02037'36"W 47.67' TO AN EXISTING REBAR, THENCE S87022'23"E 49.66' TO AN EXISTING REBAR, THENCE S48038' 17"E 1 17.58' TO AN EXISTING REBAR, THENCE 768679275.2 ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 100.00' FOR A CHORD BEARING AND DISTANCE OF N35008'04"E 29.85' TO AN EXISTING REBAR, THENCE S87013'14"E 216.79' TO AN EXISTING REBAR, THENCE S02°37'36"W 12.78' TO AN EXISTING REBAR, THENCE S87023'41"E 44.02' TO AN EXISTING REBAR, THENCE S02032'22"W 384.06' TO AN EXISTING REBAR, THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 285.00' FOR A CHORD BEARING AND DISTANCE OF S20031'52"E 223.32' TO THE POINT OF BEGINNING CONTAINING 21.63 ACRES, MORE OR LESS. 768679275.2 LAST SITE VISIT: MAY 1, 2024 BASIS OF BEARING: GPS OBSERVATION - AR NORTH ZONE NAD 83 HORIZONTAL DATUM PROPERTY OWNERS: WRDP/ARE LAND LLC 1841 N BEST FRIEND IN FAYETTEVILLE, AR 72704 (ALL PARCELS) CITY PLAT PAGE: 361 & 362 REFERENCE DOCUMENTS: 1) FINAL PLAT OAKBROOKE SUBDIVISION PHASE H FILED IN BOOK 23A AT PAGE 326 2) EASEMENT PLAT FILED IN BOOK 23A AT PAGE 349 3) FINAL PLAT OFF WALNUT VIEW ESTATES PHASE II FILED IN BOOK 12 AT PAGE 106 4) PLAT OF SURVEY FILED IN BOOK 2008 AT PAGE 17530 5) PLAT OF SURVEY FILED IN BOOK 2008 AT PAGE 17531 6) PLAT OF SURVEY FILED IN BOOK 2008 AT PAGE 4006 7) WARRANTY DEED FILED IN BOOK 2011 AT PAGE 24469 8) WARRANTY DEED FILED IN BOOK 2011 AT PAGE 24470 K 2 9) WARRANTY DEED - BOOK IN 00 017 AT PAGE 28871 10) WARRANTY DEED FILED IN BOOK 2017 AT PAGE 28874 11) WARRANTY DEED FILED IN BOOK 2009 AT PAGE 10870 12) WARRANTY DEED FILED IN BOOK 1425 AT PAGE 565 13) WARRANTY DEED FILED IN BOOK 2006 AT PAGE 18228 14) WARRANTY DEED FILED IN BOOK 1425 AT PAGE 563 15) COMMITMENT FOR TITLE INSURANCE FILE NO. 19-1428 AND ALL OF THE DOCUMENTS CONTAINED THEREIN 16) PLAT OF SURVEY FILED IN BOOK 2017 AT PAGE 19045 17) PLAT OF SURVEY FILED IN BOOK 24A AT PAGE 413 PROPERTY ZONED: TRACT 1 PER SURVEY 24A-413: R-A & CS -CITY OF FAYETTEVILLE ENDURING GREEN NETWORK TRACT 2 PER SURVEY 24A413: CS -CITY OF FAYETTEVILLE ENDURING GREEN NETWORK SOURCE OF ZONING INFORMATION: 1) https:Hmaps.fayetteville-ar.gov/viewer/index.html?webmap=9ebc6ld26e8841 fda0b4c1699da6f7aI 2) hUps://Iibrary.municodc.com/ar/fayettevillc/codes/code-of ordinances BUILDING SETBACKS: PER R-A ZONING: FRONT 35ft SIDE 2011 REAR 2511 PER CS (COMMUNITY SERVICES) ZONING: FRONT A BUILD -TO -ZONE THAT IS LOCATED BETWEEN 10' AND A LINE 25' FROM THE FRONT PROPERTY LINE SIDE 00ft* REAR 00ft* *SIDE AND REAR SETBACKS ARE 15' WHEN CONTIGUOUS TO A SINGLE FAMILY RESIDENTIAL DISTRICT FLOOD CERTIFICATION: A PORTION OF THIS PROPERTY IS LOCATED WITHIN FLOOD ZONE "A" OR "AE" AS DETERMINED BY THE NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE RATE MAP FOR WASHINGTON COUNTY, ARKANSAS. (FIRM PANEL #05143CO204G. DATED 01/ 25/ 2024) ADJACENT LAND OWNERS: 1) HAZEN, JIM & JUDY TRUST 2160 N RUPPLE RD FAYETTEVILLE, AR 72704-5804 PARCELS #A5-13649-000 & #765-24063-000 ZONED: R-A 2) WRDP/ARE LAND LLC 1841 N BEST FRIEND IN FAYETTEVILLE, AR 72704 PARCEL #765-24067-000 ZONED: CS/R-A 3) MT COMFORT CONGREGATION OF THE PRESBYTERIAN CHURCH, USA NO MAILING ADDRESS IN COUNTY RECORDS PARCEL #765-24059-000 ZONED: RSF-1 4) KG STORE 2424 LLC 1459 GRAND AVE DES MOINES, IA 50309 PARCEL #765-13649-010 ZONED: CS 5) DEEZ GAS STATIONS LLC 5200 W 20TH ST GREELEY, CO 80634 PARCEL #765-13592-000 ZONED: CS 6) RED BELL FARMS LLC 3030 N NIGHT HERON DR FAYETTEVILLE, AR 72704 PARCEL #765-13593-003 ZONED: CS 7) LANDMARC CUSTOM HOMES LLC 1224 S MAESTRI RD SPRINGDALE, AR 72762 PARCELS #765-13589-000 & #765-13591-000 ZONED: CS 8) FAUCETTE, GEORGE C JR REV TRUST; FAUCETTE, ROSEMARY REV TRUST 3593 N COLLEGE AVE FAYETTEVILLE, AR 72703-5108 PARCEL #765-13598-000 ZONED: R-A 9) WEST, LARRY D 3504 W MT COMFORT RD FAYETTEVILLE, AR 72704-5722 PARCEL #765-13602-000 ZONED: R-A 10) 3240WMCR LLC 230 S WALKER RD FAYETTEVILLE, AR 72701 PARCEL #765-13603-003 ZONED: CS/R-A 11) MT COMFORT & SALEM LLC 1102 HAPPY HOLLOW RD FAYETTEVILLE, AR 72701 PARCEL #765-13603-004 ZONED: CS/B-A 12) GATLIN REAL ESTATE LLC 204 SW F ST BENTONVILLE, AR 72712 PARCEL #765-13586-001 ZONED: RSF-4 13) PATHWAY BAPTIST CHURCH PO BOX 9117 FAYETTEVILLE, AR 72703 PARCEL #765-13649-002 ZONED: R-O/P-I 14) FISHWOOD LLC 2512 W HOUSTON ST FAYETTEVILLE, AR 72703 PARCEL #765-13651-00 ZONED: RSF-4 PLAT NOTES: I. A PORTION OF THIS PROPERTY IS WITHIN THE CITY OF FAYETTEVILLE'S ENDURING GREEN NETWORK. THE ENDURING GREEN NETWORK GENERALLY FOLLOWS THE SAME LINES AS THE FLOODPLAIN. 2. PER ORDINANCE 72.19, PARKING BLOCKING A MAILBOX IS PROHIBITED. ANY DEVELOPMENT ON THIS PROPERTY MUST ENSURE THAT FUTURE MAILBOX PLACEMENT DOES NOT CONFLICT WITH ON -STREET PARKING. 3. ALL UTILITIES 12kv AND UNDER SHALL BE LOCATED UNDERGROUND. 4. ANY AND ALL SIGNAGE REQUIRES ADDITIONAL SIGN PERMIT REVIEW AND APPROVAL. 5. SOME FEATURES AND/OR SYMBOLS ON THIS PLAT MAY BE SHOWN OUT OF SCALE FOR VISUAL CLARITY. 6. THE LOCATION OF UTILITIES SHOWN HEREON ARE FROM OBSERVED EVIDENCE OF ABOVE GROUND APPURTENANCES, GIS, AND/OR UTILITY MAPS PROVIDED BY LOCAL UTILITY COMPANIES. NOT ALL UTILITY COMPANIES MAY HAVE RESPONDED TO OUR REQUEST FOR MAPS AND/OR INFORMATION. ALL UTILITY LINES APPEARING ON THIS PLAT, AS WELL AS THOSE THAT MAY EXIST UNDERGROUND NEED TO BE VERIFIED PRIOR TO DOING ANY TYPE OF EXCAVATION OR DESIGN. SOME UTILITY LINES MAY ALSO EXIST THAT WERE NOT SHOWN ON THIS PLAT. 7. THE BUILD -TO -ZONE ALIGNMENT ALONG THE PROPOSED RIGHT-OF-WAY OF NORTH SALEM ROAD IS SUBJECT TO CHANGE BASED ON THE FINAL ROAD ALIGNMENTAND CONFIGURATION. 8. THE CALCULATED LOCATION OF THESE ALUMINUM MONUMENTS ARE SHOWN PER PREVIOUS SURVEY TIES TO THE MONUMENTS WHEN THEY EXISTED PRIOR TO THE CONSTRUCTION OF THE KUM AND GO GAS STATION AT THE NORTHEAST CORNER OF WEST MOUNT COMFORT ROAD AND NORTH RUPPLE ROAD. 9. FOR CLARITY OF THIS EASEMENT PLAT, THE FENCES THAT WERE SHOWN ON THE CONCURRENT PLAT FILED 24A-413 ARE NOT SHOWN. AS OF THE LAST SITE VISIT (5-1-24) THE FENCES DID STILL EXIST ON THE PROPERTY. EASEMENT PLAT PCITY OF FAYETTEVILLE ROJECTT LSIP 2020 -00 003 & INDEX OF SHEETS: GRD-2022-0070 1. LEGAL DESCRIPTIONS AND SURVEY INFO 2. OVERALL SURVEY 3. NEW EASEMENT DETAIL(PAGE I OF 3 l SURVEY DESCRIPTIONS: TRACT I (PER PLAT 24A-413): A PART OF THE NORTHWEST QUARTER OF THE FRACTIONAL SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND ALSO A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S02�3647'W 42.79' AND S87°2T20"E 1319.33' FROM AN EXISTING ALUMINUM MONUMENT MARKING THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION I AND RUNNING THENCE N17°01'32"W 93.37', THENCE N54°2444"W 84AT, THENCE N86°03'10"W 66.94', THENCE N54°01'53"W 255.67', THENCE N69°56'56"W 87.43', THENCEN73°42'29"W 442.19', THENCE N85-05'24"W 325.01', THENCE N49°44'27"W 357.30' TO THE EAST RIGHT-OF-WAY OF NORTH RUPPLE ROAD, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: N45°26'25"E 37.12' TO AN EXISTING REBAR, ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 550.50' FOR A CHORD BEARING AND DISTANCE OF N38004'03"E I48.80' TO AN EXISTING REBAR, ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 563.50' FOR A CHORD BEARING AND DISTANCE OF N19°3732"E 264.85' TO AN EXISTING REBAR, N27"00'00"E 125.8l' TO AN EXISTING REBAR, N50°41'56'E 49.66' TO AN EXISTING REBAR ON THE SOUTH RIGHT-OF-WAY OF WEST MOUNT COMFORT ROAD, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: N80°25`57"E 155.42' TO AN EXISTING REBAR, N78'19'44"E 124.30' TO AN EXISTING REBAR, N82.31'41 "E 48.00' TO AN EXISTING REBAR, N88°30'25"E 137.61' TO AN EXISTING REBAR, S87° 15'25"E 334.50', THENCE LEAVING SAID SOUTH RIGHT-OF-WAY S02-37'36"W 122.92', THENCE S87022'24'E 2.65', THENCE SO2°50'30'W 114.50', THENCE S88o26'09"E 29.28', THENCE S02-37'36"W 47.67', THENCE S87°22'23"E 49.66', THENCE S48°38'17"E 117.58', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 100.OV FOR A CHORD BEARING AND DISTANCE OF N35"08'04"E 29.85, THENCE S87° 13'14"E 216.79', THENCE S02°37'36"W 12.78', THENCE S87°2341"E 44.02', THENCE S02°32'22"W 384.06' TO AN EXISTING REBAR, THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 285.00' FOR A CHORD BEARING AND DISTANCE OF S32-43'54"E 329.1 PTO AN EXISTING REBAR, THENCE S67°58'46"E 116.73, TO AN EXISTING REBAR, THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 215.00' FOR A CHORD BEARING AND DISTANCE OF S32°44'46"E 248.27' TO AN EXISTING REBAR, THENCE S02024`07"W 27.74' TO AN EXISTING REBAR, THENCE N87"27'20'W 460.32' TO THE POINT OF BEGINNING, CONTAINING 28.88 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN NORTH RUPPLE ROAD MASTER STREET PLAN RIGHT-OF-WAY ON THE WEST SIDE, SUBJECT TO THAT PORTION IN WEST MOUNT COMFORT ROAD MASTER STREET PLAN RIGHT-OF-WAY ON THE NORTH SIDE OF HEREIN DESCRIBED TRACT, AND SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD. TRACT 2 (PER PLAT 24A413): A PART OF THE NORTHWEST QUARTER OF THE FRACTIONAL SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT AN EXISTING ALUMINUM MONUMENT MARKING THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 16 NORTH, RANGE 31 WEST AND RUNNING THENCE S02°36'47'W 42.79' TO AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, THENCE S87°27'20"E 1779.65' TO AN EXISTING REBAR, THENCE NO2°24'07"E 27.74' TO AN EXISTING REBAR, THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 215.00' FOR A CHORD BEARING AND DISTANCE OF N32*44'46"W 248.2T TO AN EXISTING REBAR, THENCE N67-58'46"W 116.73' TO AN EXISTING REBAR, THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 285.00' FOR A CHORD BEARING AND DISTANCE OF N32°4354"W 329.1 PTO AN EXISTING REBAR, THENCE NO2-32'22"E 384.06' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE N87°2341 "W 44.02', THENCE NO2°37'36"E 12.78', THENCE N87° 13'14"W 216.79, THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00' FOR A CHORD BEARING AND DISTANCE OF S35°08'04"W 29.85, THENCE N48°38'17'W 117.58', THENCE N87°2223"W 49.66, THENCE NOr37'36'E 47.67, THENCE N88-26'09"W 29.28', THENCE NO2°50'30"E 114.50', THENCE N87°22'24'W 2.65', THENCE NO2°37'36"E 122.9T TO THE SOUTH RIGHT-OF-WAY OF WEST MOUNT COMFORT ROAD, THENCE ALONG SAID SOUTH RIGHT-OF-WAY THE FOLLOWING: S87'15'25"E 47.20' TO AN EXISTING REBAR, S84°26'20"E 245.8l' TO AN EXISTING REBAR, S87° 14'13"E 131 AT TO AN EXISTING REBAR, S41°41'28"E 31.72' TO AN EXISTING REBAR, S87°15'30"E 2.92' TO AN EXISTING REBAR_ THENCE LEAVING SAID SOUTH RIGHT-OF-WAY S02032'22"W 310.60' TO THE POINT OF BEGINNING, CONTAINING 3.21 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN WEST MOUNT COMFORT MASTER STREET PLAN RIGHT-OF-WAY ON THE NORTH SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD. FAYETTEVILLE CERTIFICATE OF OWNERSHIP & DEDICATION: WE, THE UNDERSIGNED OWNERS, REPRESENTING ONE HUNDRED PERCENT (100%) OWNERSHIP OF THE REAL ESTATE SHOWN AND DESCRIBED HEREIN, DO HEREBY DEDICATE FOR PUBLIC OWNERSHIP, ALL STREETS AND ALLEYS AS SHOWN ON THIS PLAT FOR PUBLIC BENEFIT AS PRESCRIBED BY LAW. THE OWNERS ALSO DEDICATE TO THE CITY OF FAYETTEVILLE AND TO THE PUBLIC UTILITY COMPANIES (INCLUDING ANY CABLE TELEVISION COMPANY HOLDING A FRANCHISE GRANTED BY THE CITY OF FAYETTEVILLE) THE EASEMENTS AS SHOWN ON THIS PLAT FOR THE PURPOSE OF INSTALLATION OF NEW FACILITIES AND THE REPAIR OF EXISTING FACILITIES. ALSO ESTABLISHED HEREBY IS THE RIGHT OF INGRESS AND EGRESS TO SAID EASEMENTS, THE RIGHT TO PROHIBIT THE ERECTION OF BUILDINGS, STRUCTURES, OR FENCES WITHIN SAID EASEMENTS, AND Location Map: THE RIGHT TO REMOVE OR TRIM TREES WITHIN SAID EASEMENTS. ` R-31-W R-30-W &12jjh y�•,�� DATE WRDP/ARE LAND, LLC, AN ARKANSAS LIMITED LIABILITY COMPANY BY MANAGER - HUNTER BUWICK 0 I 06 CERTIFICATE OF APPROVAL FOR RECORDING: I HEREBY CERTIFY THAT THE LARGE SITE IMPROVEMENT PLAN FOR THIS PROJECT WAS ADMWISTRATIVELY APPROVED BY THE FAYETTEVILLE PLANNING STAFF ON SEPTEMBER 9, 2021. 28124 i)�ZA - DATE Z04KC AND DEVYLOPMENIT ADMINISTRATOR CERTIFICATE OF APPROVAL OF TREE PROTECTION & PRESERVATION: I HEREBY CERTIFY THAT THIS PLAT HAS COMPLIED WITH THE REQUIREMENTS OF THE TREE PRESERVATION ORDINANCE OF THE CITY OF FAYETTEVILLE UNIFIED DEVELOPMENT CODE. DATE CITY OF FAYETTEVILLE URBAN FORESTER CERTIFICATE OF APPROVAL OF UTILITY EASEMENTS: ,`"'pF AST,, WE HEREBY CERTIFY THAT ALL UTILITY EASEMENTS PLATTED THIS DEVELOPMENT ARE SHOWN AS vQ� y0 REQUESTED AND WERE APPROVED BY THE UNDERSIGNED UTH. IES F THE CITY OF FAYETTEVILLE, ARKANSAS. GATES & r+ / _ ASSOCIATES, INC. la 2'� 2 ? �v 41335 =o DA ELE C - OZA LECTRIC R DATE S - BLACK HILLS ENERGY DATE T -PHONE - AT&T DA Ff' / CABLE TELEVISI X _2< �Z� WAAR & SEWER - CITY OF FAYETTEVILLE C LRTIFICATE OF SURVEY AND ACCURACY: I HEREBY CERTIFY THAT THE PLAN SHOWN AND DESCRIBED HEREON IS A TRUE AND CORRECT SURVEY AND THAT THE MONUMENTS HAVE BEEN PLACED AS STATED HE ON AS REQUIRED BY THE SUBDIVISION REGULATIONS OF THE CITY OF FAYETTEVILLE, ARKANSAS. ID 6Ty DA REGISTERED LA SURVEYOR/PROFESSIONAL LAND SURVEYOR STATE RECORDING NUMBER 500-16N-30W-0-06-340-72-1642 STATE RECORDING NUMBER: 500-16N-31 W-0-01-210-72-1642 I HEREBY CERTIFY THIS TO BE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF ON THIS THE 1ST DAY OF MAY, 2024. S TAR''% y`i �,> ••a_.. •moo• I i o s LS ARK NO 1= = O • Q SIGNATURE cp t fl : (",Q �P • � 'AA LLL �►11``NO�`` IF THE SIGNATURE ON THIS SEAL IS NOT AN ORIGINAL AND NOT BLUE IN COLOR THEN IT SHOULD BE ASSUMED THAT THIS PLAT MAY HAVE BEEN ALTERED. THE ABOVE CERTIFICATION SHALL NOT APPLY TO ANY COPY THAT DOES NOT BEAR AN ORIGINAL SEAL AND SIGNATURE. VICINITY MAP VICINITY MAP NOT TO SCALE N .J O �u ^ L0 CC N YO _ L Q ^i FT m a., 0 aMQ�O C3 00 U U 'c� �m od�L � �NO Fa u,^cm`V, O ova ••+0+, C7 E C to O ~a o 00CUNy.y ,y (x DYixLi3Y .ti O LL U ---- w -- C4 a � o ¢ a p ¢ w a 9 w W 0> Q u a 0 a > w - 0 C¢7 C¢7 ci 0 u = - F � x F w m > > ¢ w 0 ¢ ¢ d O ¢ q w D U U p> C4: 3 w w u 3 oZ mN a 5z x m o a xo ¢Fax 02 w ro azw W W a� - -¢am CD O 55 rn� z zz wF� Ww 0 a D 0 z 0 w L o 0 O Wn UO v¢i vFi _j rz- m v o = 1 v ae IS Rad o H wA 4. 'k • LL _ �5 5--t W 11 m =tom J 01 S Bzo c� m 0 �o�b§3 m L7 ml=og e"w.. °� w � � o a �� o w ^ O w M m 'f_G1 z y 3 ak 0.W1 Q q x Oa: x S w a O K 0 gE, e, O Q M O 0w Al O� zz rorm0 O s o �? w pn l; E W �_(6- o- O Owd DRAWING #19-153 BSMNTPLA7 EASEMENT PEAT(PAGE 2 OP 3� CTTYOFFAYETTEVILLE PROJECT LSIP-2020-000003 & GRD 2022 0070 STATE RECORDING NUMBER: 500-16N-30W-0-06-340-72-1642 STATE RECORDING NUMBER: 500-16N-31 W-0-01-210-72-1642 NE CORNER NEl/4, SEIA SECTION 1 O O 1 i T-16-N, R-31-W � J � I I ' � P *SEE PLAT NOTE #8 NW CORNER - - - - ._ NWl/4, SWI/4 N o2°16'S8" E SECTION 6 W. MOUNT COMFORT ROAD (REGIONAL LINK - HIGH ACTIVITY) I O O O i O € *BUTT IS -TO -ZONE U ! "" •`OF , AUT 46.29' s-16 N, x-3aw ASPHALT WIDTH VARIES - 9b' MIN R/W (PER M.S.P.) ! 1 f 10 FROM THE 11 ?', O 7 j 7 - - 7 I I O IS MEASURED O SEE PLAT NOTE #8 1 , i __� -u_ T apf+jmy,-w-ff-ff-"-ff aP-aP-aP-aP-nP�ar-a� aP aP aP-aP-aP-aP-aP 1 aP oP-upM3 EM RD.-� _ -fI ASSOCIATES, INC.BATES & vICITYMON. MTC 1 A335I N: 647769.21 M.S.P.R/W IS 48' SOUTH OF STREET C/L (TYP.)�� p *DEDICATED PER PLAT 24A-413 8.0' E: 658402.44 w ': -- ._H.- ;' - ---- - --------- _ _ - Q uP 4P ELEV; 1214.24 - - N 82°31'41" E 48.00' - ---------------- TRAFFIC-1 1?, „ 15.0'C f.B �sAS E118 �� 40.1 S,-8 7'15'_5"E 47.20'- - _ LIGHT(TYP) 1 _�� sl. N 88°30'25" E 137-6] --- -dS 87°i5'25 --- N:64769s.2r _ -�_ __ " E 334 $ I W E:658695.37 - ' `�4_30 -- -- =: F--�_..� - E ---- ------ ----- S 41°41'28,. r L� - � _ t1 C/L 50 TRAFFIC- I - 48.0' .N 7g 19,44„ ::' .-: -- IS' U.E. 2009-1�$71 - - _ : - -_.: ,- -S 84°2G20"-- 31.72' _ - - _ _w . E 245 81' -- - - S 87315'30" E 2.9 I u _ ;i LIGHT(TYP.) 42' C - - - -- ) - - . - - -- M.S.P.R/R S 87°14'13" E j3] 47 -- _ 1 z-,r----- - - N 5Q°4rs6° E N A 25 ?" E 15 -� _ _ - - - - .-B_T.Z_ - . - - _ - . -_ - __ _-- CURB Z 1 „ 49.66' _---- r �} - 25.0' ts.o' -M.S.P.R/W o 'i in SALEM RD. - 70' R/W cl % .' N 02°37'36" Ems' UTILITY EASEMENTS 1t I !t II i DEDICATED PER f-1 PER THIS PLAT (HATCHED) EASEMENT PLAT 10.0' ( \ ( 122.92' /N 87°22'24" W 2.65 ; i SEE PAGE 3 FOR T i ff op 25.Q' t� I \ ! . tt I EASEMENT DETAIL ( I/ � 1 I 70.0' 201 ]-20788 O r ;- + { / U.E. (2Q11-24471) _ z 13 <, " �.7 r N 02°50'30" E ¢ o z r, f I! UTILITY EASEMENTS ; I I i z - 114.- - x '_ w a I l 5Q'~ N 87 22'23" W PER SURVEY 24A-413 _° c z- a PER THIS PLAT ° I 3 I 7 w r 3 _ z o 1 \ I $1 lI 15.0' (HATCHED) i I r �- !I v l! i �: SEE PAGE 3 FOR 49.66' 3.21 ACRES +/ _ I N -` z z w °¢ o cal A ¢ cW u /N ° W z m X ' ; I 1. 1 f EASEMENT DETAIL / 1 I I o URB r> 'F? E a w w A 11_ :.�- N 88°26'09" W 29.28'/ I I c a a z x 52.5' / r o o w c¢ X x ¢ !N t Y N 02°37'36" E 47.67 POD N 1 r tt t! CS ZONING TRACT 2 I I s I ( I I �R ti U Ss.T PER SURVEY 4 / i 24A413 *4 /1 Ll ;i STREET / . 10.0' / '! ° 64.5'-I J / G; ; �,/ s� h N 87 13 14" W 216.79' LIGHT f' ' . 25.0' / .,. TOTAL ACREAGE OF G / / / tt t! UTILITY EASEMENT DEDICATION �,J/ I °� N 02°3T36" E 12.78' I (TYP.) - / / / r� I 2.87 ACRES 1 32.3' I 3 I t5.o' (HATCHED) r, ` t ; r N 87°23'41" W 11 F E / 1 I �* AF}i}ITION aL 2.5' U.E. / 446.0' TRACT 1 % �ij i/� 44.02' I I 0 / N/ I 2 5 PER SURVEY 24A-413 1%/ oho I ¢ x a oW > DEDICATION PER THIS \ I I �j UTILITY EASEMENTS PLAT ON EITHER SIDE OF / I PER THIS PLAT (HATCHED) f EXISTING 15' U.E. FORA 28.88 ACRES +/- C / IS MEASURED I 3 I I F E o o a SEE PAGE 3 FOR EASEMENT / *BUILD -TO -ZONE I M w w> A F 10 0 i 2.5' TOTAL OF 20' \ %.. FROM THE EXIST. I ! c r I a w aw a a 25 0 �_ DETAIL m _ #765-13649-009 j �`-' UTILITY EASEMENTS R/W (PROP. LINE) 1 �N, 1 I ¢ ¢ ¢ a ¢ ¢ (CURRENT TAX PID) \ " ! PER THIS PLAT (HATCHED)46. I M c c o U c U w (, r 1 CS ZONING ii t! CS ZONING \ \� ` j SEE PAGE DEOARIEASEMENT F U 1 S o LIMITS OF STREAMSIDE 25 0' I O ? x F v jN 45°26'25" L- �PROTECTION !!r!! SHADED' I 1 _ 37.12'� . - ZONE .. ZONE X 10.0' I I I > z > w o c v ¢ o W III !! j`i, I 64.5'--I a g > > c� cF.� u x w p :z qS� 9p p�o�� *HATCHED AREA IS PARK 1 1 c o a a ¢ ¢ �Hp I LAND DEDICATION PER f,, 3 3 °c kA r\ SEPARATE DOCUMENT 7.25 ACRES �8A n - sgA U.F %.r %�' l�'r I I APPROX. LOC. FUTURE R/W ' (1'ER 2005_3 8g8j 3p, UE. (P `•:J - = ` i i i OF N. SALEM RD. (RESIDENTIAL LINK) U) z w �-, 45' MIN - 52' MAX R/W PER M.S.P. o - \ ER 20o5_39APgl iI m ] x ! l S \ \ CA E. -70' FUTURE RIW SHOWN ON PLAT 2020-25998 o W a w =z -64.50' FUTURE R!W SHOWN ON EASEMENT PLAT 2011-20788 z w I \ GUARD _ - ---- �L, s - S_ s s- s s s- _ _ -- --_ ---- --- - lApnr'DpL 1 I W o N a o 3 -..-..- ..-.S-s -s--S s_ s�s_s_ CS?ONING APPROX. FLo Zoe ! t 1 �r �Z Q o o _ z s s s _RAZpN G ZONING AppR00(i,AY ` W uj0 0 C o s c F- �- _sus_ b'� . x Loo N 85°05'24" 325.01 `�--, � s o sss �LIMITS OF \. \\ / ,� O � - = i c O !� s _ s s �� STREAMSIDE \ ; -¢ 23 A' 73-42 _ = ' s _ s �, PROTECTION \� \ \ \ \\ = _ \ _ _ m a 29^ ly 44� 191:.ITts: _ s \ s �� `\\ ZONE PARK LAND DEDICATION \.� �'' _ - y. � > o `._. PER SEPARATE DOCUMENT \ \�\ \ \ �^ _ . c E H Q s 7.25 ACRES +/- (HATCHED AREA) n W e 5 u R ccRrlfi N S£k,, fj S0 \ \ to g74� 6'' w \ pj�O.tl Uo (p�R92s 10.0 15.0'\ \ C \ \ I� T Q a 06 \� \ �b0.0� \84/�86) 25.0' �t A ll S6J°S kia.�°ale 0' 100, 200' 300' s� p �%� 's, ` 846°E \ \ L t a c a 7, J\ 2 ADD � �S -��sZ B� 63 � \ � 9 64.5 \ � Wiz° a m F ss6\ IC9 R42 \ \ 13 a �08° GRAPHIC SCALE (IN FEET) 9pA 00 4oN s �\ 32.4' 1 Inch =100ft. s * NOT ABLE TO FIELD W N 86°03'10" '-``9Tc \ ��\ �''S, ` - � LOCATE SEWER MANHOLE 3 \ POS IBLY BURIED oC' 66.94' ) ��d s ,- s POE SCCORNER �srg24g„ \� S s \2a \ La F- �3 CURVE TABLE NEIA, SEl/4 \ w U CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE TANGENT C1 550.50' 149.26' 148.80' N 38°04'03" E 15°32'04" 75.09' C2 563.50' 267.35' 264.85' N 19°37'32" E 27'11'00" 13624' C3 285.00' 350.84' 329.1 P S 32°43'54" E 70°31'59" 201.54' C4 215.00' 264.67' 248.27' S 32°44'46" E 70°3 F55" 152.04' C5 100.00' 29.96' 29.85' S 35°08'04" W 1710'01" l5.09' C6 285.00' 41.86' 41.82' S 01°40'21" E 8°24'52" 20.97' SECTION 1 O \ s _ \ O ^I o M T-16-N, R-31-W 43.5 , o n Ld 3. s s_ 1 w Z �a �o a 50' O!S PIN \ s- s ` I m Q o�- W o S 02°36'47" W 42.79' 1 r' s- s 1 s q a q n n � c tL _ {{ s _ zd W 03 1319.33' (N.T.S.) i `\\ - c I CAP #118�1 I -y- S 87°27'20" E -- 15.0' S 02°24'07" W 27.74'- 40.0' a o o w M N 87627'20" W 460.32' - O Q N o O o Z° Z° SW CORNER CAP #1181 3 6i N o o F NWI/4, SWI/4 ti W POD N:646435.70 a r i r= I SECTION 6 TRACT 1 14 E: 660325.29 0 d o o N T-16-N, R-30-W PER SURVEY 24A413 IDRAWING # 19-153 E.SMNTPLA T SOOTE RECO 0IG NUMBER: NEASEMEl�T Rv-� T FAGE 3 OF 3l CITY OFFAYETTEVILLE / PROJECT LSIP-2020-000003 & GRD-2022-0070 STATE RECORDING NUMBER: N8203F41"E 55.88' 500-16N-31W-0-01-210-72-1642 N 82°31'41" E =cam BATES & 12.12' S 87°15'25" E 17.43' ASSOCIATES, INC. D= N 88°30'25" E 5.66' j= S 87015'25" E 10.00' . _ :11335 N 78°19'44" E 19.87' 194, N 88°30'25" E 131.95" S 87°15'25" E 129.21' , S 87 15 25 E 71.69' o S 87 1525 E ° , o , n / a r u \ N i S 87 15 25 E 106.16' S 84 26'20" E 27.65' \ 47.83 -5 04°1b'02" E 10.95' 7.20' +y�of 60 ~ \\\ N 11 41'17 W ---S 1 t S 84°2620r, 44 `. r, � N 02°33'07" E 39.55' N 78 0 „ NS 01°54'18" W I E 136.89' 56 , '' p 45°02'57" W 18.46' {, f 25.64 _" (--N O1°54'18" E 25.50' S 84°26'20"E 81.28' S 87°15'30" E 23.12 , lq ---S 02o38'18" W 15.15' S 87019'28" E 3.61' 1 0o S gg 0058" E i 2.92 80°25 57" E 155 42 �L11 m S 87'1TI3" E 131.47' 1.1 �' L23 S 05°33'41" W 34.89' f 10 �� t N CV j S 02°40'46" W 64.70' t� N 05°17'54" E 38.55' c j L10 ^ I - t �hE S 87°21'49" E 7.2T °O �{ j 3 0„ ° a e S 41 °41'28" E 31.72' oA a rn �'F - S 87 2224E 15.00 N %7 21'16' W 9.21 0 ° ' _ p'� pp S 02'38'11" W 6.40' I ' j I S 01°11'41" W 10.00' S 87 22'43" E 8.43 _ S 02°32'14" W 30.29' N 77°50'51" E 14.88' N 09 56'43 E 67.87' N _ S 04 50'01 E ~ o ! ° �� o n .., �., p o n - o S O i l l 41 W 10.00 S 12°2T44" E 10.09' 0 r, ` N " \ S 48038'18" E 57.81' , (T ) ~ p / ° S 79 48 50 E 9.74' s 15.24 IE LINE M o ° p p L 18 / S 19 18'45" W 42.71 W S 79°49'34" E g8o \ ° ° v' N 02 31 15" E 44.08' ° p p S 42 42'19" E 21.13 eq i S 02 35'39" W 44.19' p S 19015'40" E 19.96' N 10'11'10" E 25.82' - 0 28.39' ��! . \ o I \ p °60 p p N 57°18'S9" E 28.02' S 74°48'50" E 29.86' 0 8� S 87°5531" E 227.15' z I \ S 87°21'16" E 8.96'� �020 S 86°28'48" E 119' _ - - + 1 p Q p �, 0 8.0 - - - - - - - - 1 - - S 86°42'13" E 157.54' 02°3T24' W 42.34' �`_j i �/� S 03°35'54" W 34.56' / 3 p E o z N 79°4724" W 15.22' �- _ `1� __ S - -- -�-- � -" �- - p �. - 87010'57" W 196.06' 02°35'11" E A_ 74 g620" 51.52' 44A=. f1 d - _ _ - - - N 18.30 - S S 7s°485o"� q I°4y10' p �/ p N 87°5329" W 214.10' - -- - - - - _ - _ _ _ 3 _ - - _ _ S 87°2T 8 E 212,33' ' E S79° ° r ,r I S 86048'10" E 203.93' - - -- - _ - - - - - _ - - p S 79°4850" �1o41'10' 4830"E p \ N 10 1108 E 11.71 % 0 r n o h N 7445 _ E N 35.S2, 0 r n _ / 0 S 11° 12'43" W S 87 22 03 E 151.8T o, 47.65, 44 42 6 ,p N l d I 110 E 10.00 ` o N 01 °21'25" E 23.00' p ovb qq 4 4S22„ w-- _ r l -� _ o 0 15.14' (TIE LINE) - o - - S 87 2738" E 226.06' - q 64.y5� a�Lz S 79 47'24" E 15.14' ? 3 I o r „ N 18°5T10" W / o M N 09°45'00" E 8.64' "' 3 UTILITY EASEMENTS / ° I _ S 02 4142 W c M o i S 01 21'25 W 26.70 c 14.75' (TIE LINE) ~- I I Ill: 28.56 b o d Ll ,��N14o rn N 55°11'10" E 11.78' h PER THIS PLAT / M M o od M i Q _� 48•Sg„ ; crW oo (HATCHED) S 75013'17" E 33.6$' 14° E 20.00' " r o w E I + W 1 W I `" I I ^ UTILITY EASEMENTS I 48 59" rr I - '" cn o N 13°40'39" E:N32° r E 9-I1 h o ° '� Z w I j o S 01 1%1411'W" W16.55 ( o PER THIS PLAT 17.73' 1 p IS50„ by 40, r a o N 10 09'24" E S 79°50'36" E �* o S 79°48'50" E 13.06' TOTAL ACREAGE OF cn, o ° r10.00',,,",-,o 03 0 17.92 N UTILITY EASEMENT DEDICATION t- I I o (HATCHED) ° d iN79°4850" W 105. J i z 15.00r o "' I ~ S 66°22'14" E 10.75' moo. o Lcn Z N 3o 34'00" W--•-_\ - _ v6' o z ° 2.87 ACRES + N•�- z ° ' e- - �_ �\ , S 79 48'S0' E 32.26' t� �, �- o l ° S 87 2155' E 16.30 �' N 87°26'19" W 10.26' 13.35 � � ._N 70°04'47" "$ _ N 79°48'S0" , p � 1 ! o n z w Z ; N 88 0139' W S 02°3T31" W 20.30' �~ / E 44.86,(TIE W 979 , S 66 2214 E 15.33' h (HATCHED) i 37.72' p p f o r rr r N 79° 0 -_ _.LINE) - �- 6 l l I N 23°3746" E 14.37' h / S 01°I1'41" W 10.00'- p p N 74 55 33 W 23.84 / 48'S n / N O1 ° 11'41" E 10.00' W 159.86' S 79°48'5 p p- - J S 66'22'14" E 20.00' n� '/ N I _ eI p p p - 0 B 51.81, S 79°4850, / �' / UTILITY EASEMENTS N 87°22'34" W 14.62' S 1p011 10" W p p E 29.03' �! S 23°3746" W Z PER THIS PLAT- g8o S 87°22'34" E 14.3T� _ S 87°26'19" E 10.66' �! I 12.63' p p � 14.3T / (HATCHED) �� �8 0 ° r „ p p \\ 2 S 40 48'S0" W_ N 03 3011 E 45.18 e o UTILITY EASEMENTS S 08° 18'14" W 15.01' p _ N 7948'50" L�S 66° o �;° p \\� tp 22.04' N `° '-, S 87°22' 19" E 28.66' 130.18 _ l N o 9 0 W PER THIS PLAT �S 10°28'39,, = F 6s W i (HATCHED) N 80°10'38" W 19.72' p 6.82' \ / y / �, o \ t6 �- S 02 4006 W 15.00' VV 3 1q, W \ I , /�.v o r r, 0 e p N 10°28'39,, E N66°2 \ \� N 23°37'46" E 9.50' N O� 'b~ v l8 p p a S 80 -10 23 ' E 35.99, 2 \ N ti DN �h . -\ ° ! M 19.45' 1; o W _N6 0 �o °`� ; j r{, I6 IN $7°22'19" W 28.88' S 79°48'50" E Z N �° N 75°02'06" W 10.03' �63 �27q., `O o n tib / 1 A� ° w \ W o7 S 57 3714E ,yam �� , \ p 34.91' f d oo W S 66°22'14" E 20.00' LINE ��� \906P 40.40' b� ^i �' 4�O° g �� �Ij \ ,' �� p S 48036'12" E 20.08' (1� ) \ `S23°1� A. o �b S6\ \ 746,r W \ m ^� otip �`--�N 48°39'02" W 38 00' p N 10014'44" E LINF TABLE p N 79°48'50" W 14.87' N 79'45'16" W 33.90' LINE BEARING DISTANCE LI S 75011'0V E 23.02' L2 N 75'11'01" W 23.02' L3 N 14°48'59" E 11.95' L4 N 57°18'59" E 6.55' L5 S 41 °28'49" W 4.64' L6 N 47°48' 17 .250' S 42°11'43 59'L7 1-8 N 49° 11' 10" W 1 13.38' L9 N 09°44'12" E 10.00' L10 N 79°49'34" W 27.57' L I 1 N 10°06'19" E 17.11' L12 N 48°38'50" W 32.57' 1,73 N 42° 18'19" E 10.58' L14 S 48°39'02" E 37.83' L15 S 41°04'20" W 7.53' L16 S 48°55'40" E 10.00, 1-17 N41°04'20"E 7.47'I L18 IN 87°22'43" W 8.69' L19 S 02°40'46" W 7.54' L20 S 86°29'49" E 12.67' 1-21 N 05°33'41" E 47.26' L22 N 09° 13'27" W 27.91' L23 N 82°59'17" W 9.36' z /0 6°22`p4„ 9s0 '--Z S 40048'50" W 15.00' pV N 4803620 W 11.23 A ` N 41°20'58" E 10.00' S 41°45'28" W 27.05' p "�N 41°58'02" 15.00' \ \� ^���' E ! / N 48°14'32" W 10.04' 60 120 180 ��o p S 47°59'58" E �o"Y 32.42' w �No GRAPHIC SCALE (IN FEET) 4 �I�2g`y`b �~ 1 Inch = 608. \ \ �6 ���• 9lp \ \ S 41023`23" W 39.39' 2 1 \ 2 c � N 41°23'23" E 38.43'�; N 48°46'08" W UTILITY EASEMENTS \ �, q �� p ��6 f / 33.47' (TIE LINE) PER THIS PLAT \ F90 fG- (HATCHED) I6 S 54°0T49" E 10.05'/ �% ry,y�h / \ 4, A9 ICI ti� csl / \p tp 5 a� 0r,�4/ p tea° �^ fh N 41028'40" E 17.70' S 48031'20" E 20.00' / �'1 '1• oIV oh 6 lt;� i ,+p I� 9 S 41°28'40" W 17.46' S 48°31'20" E 17.67' °23'23" W 19.97' p IV 76°5731p 23.0q, RECORDING NUMBER/DATE Type: REAL ESTATE Kind: WARRANTY DEED Recorded: 7/17/2024 12:00:41 PM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File# 2024-00017892 Recording Cover Page Warranty Deed Grantor: CRP/WRDP Hazen Owner, L.L.C. Grantee: City of Fayetteville Date: July 16, 2024 Legal Description: See Document File Number: 2024-00017892 Page 1 of 3 Execution Draft Park Land Dedication (Part of) Parcel No. 1 'f-` f-00 +/- 6.54 acres for Parkland Dedication and +/- 0.71 acres for parkland donation. The +/- 6.54 acres of Parkland Dedication satisfies Parkland Dedication Ordinance requirements for 327 multi -family units for Hazen Development (LSIP-2020-000003). BE IT KNOWN BY THESE PRESENTS: THAT CRP/WRDP Hazen Owner, L.L.C., a Delaware 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, does 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 PART OF THE NORTHWEST QUARTER OF THE FRACTIONAL SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND ALSO A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS NO2°20'50"E 456.49' FROM AN EXISTING ALUMINUM MONUMENT MARKING THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1 AND RUNNING THENCE N49044'27"W 229.79, TO THE EAST RIGHT-OF-WAY OF NORTH RUPPLE ROAD, THENCE ALONG SAID RIGHT-OF-WAY N45°26'25"E 37.12' TO AN EXISTING REBAR, THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 550.50' FOR A CHORD BEARING AND DISTANCE OF N40058'21"E 93.32', THENCE LEAVING SAID RIGHT-OF-WAY S49044'31"E 175.51', THENCE S40018'06"W 7.80', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 460.79, FOR A CHORD BEARING AND DISTANCE OF S63056'57"E 301.61% THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 3170.76' FOR A CHORD BEARING AND DISTANCE OF S77016'04"E 635.49', THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 872.62' FOR A CHORD BEARING AND DISTANCE OF S68017'51"E 98.00', THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1850.43' FOR A CHORD BEARING AND DISTANCE OF S63051'23"E 79.231, THENCE S87°53'56"E 322.31', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 285.00' FOR A CHORD BEARING AND DISTANCE OF S55047'51"E 120,46' TO AN EXISTING REBAR, THENCE S67058'46"E 116.73' TO AN EXISTING REBAR, THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 215.00' FOR A CHORD BEARING AND DISTANCE OF S32044'46"E 248.27, TO AN EXISTING REBAR, THENCE S02024'07"W 27.74' TO AN EXISTING REBAR, THENCE N8702712011W 460.32', THENCE N17001'32"W 93.37', THENCE N54024'44"W 84.42% THENCE N8600311011W 66.941 , THENCE N54001'53"W 255.67', THENCE N69056'56"W 87.43', THENCE N73042'29"W 442.19', THENCE N85005'24"W 325.01', THENCE N49044'27"W 127.51' TO THE POINT OF BEGINNING, CONTAINING 7.25 ACRES, MORE OR LESS. 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 Grantor, hereby covenants that it is lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantor will forever warrant and defend the title to the said lands against all legal claims whatever. [Signature Page Follows] File Number: 2024-00017892 Page 2 of 3 WITNESS the execution hereof on this day of July, 2024, to be effective as of the Aday of July, 2024. CRP/WRDP Hazen Owner, L.L.C., a Delaware limited liability company By: CRP/WRDP Hazen Venture, L.L.C., a Delaware limited liability company, its sole member By: WRDP-Hazen Investors, LLC, an Arkansas limited liability company, its authonz d ember B y:,..�.��, — J n E. Bradshaw Manager ATTEST: [Please print or type Name and Title] ACKNOWLEDGMENT STATE OF TEXAS ss. COUNTY OF DALLAS REVENUE STAMPS AFFIDAVIT The foregoing deed has the correct amount of Revenue Stam - p ps affixed /to it or is exemat from su hedam� �a City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 On July , 2024, before me, the undersigned officer, personally appeared Jason E. Bradshaw, who acknowledged himself to be the Manager of WRDP-Hazen Investors, LLC, an Arkansas limited liability company ( Investors ) which is the authorized member of CRP/WRDP Hazen Venture, L.L.C., a Delaware limited liability company ( Venture ) which is the sole member of CRP/WRDP HAZEN OWNER, L.L.C., a Delaware limited liability company (the Company ), and that he, as such Manager, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the Company as the Manager of Investors, the authorized member of Venture, the sole member of the Company. WITNESS my hand and seal on this day of x _, 2024. MY COMMISSION EXPIRES: >, . ` Notary Public HEATHER E FENNE"y r° Notary ID #3395294 Na r My Commission Expires Washington County, AR April 19, 2026 1 certify this instrument was filed on 7/17/2024 12:00:41 PM and recorded in REAL ESTATE Signature Page to File# 2024-00017892 Warranty Deed (Parkland Dedication) KVIp SVIVp_--tp_r - r irrijit Clerk File Number: 2024-00017892 Page 3 of 3