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HomeMy WebLinkAbout250-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 250-24 File Number: 2024-651 SALE OF LAND TO LEWIS BROTHERS LEASING COMPANY, INC. (RESOLUTION OF INTENT): A RESOLUTION TO PROVIDE PUBLIC NOTICE THAT THE CITY COUNCIL IS CONSIDERING THE SALE OF APPROXIMATELY 0.057 ACRES OF LAND ON WEST MOORE LANE IN WARD 4 TO LEWIS BROTHERS LEASING COMPANY, INC. FOR THE SUM OF $100.00 WHEREAS, West Moore Lane was originally built and dedicated as a county road and became City of Fayetteville right of way when the land was annexed in 1967; and WHEREAS, as properties developed in the area, the City acquired additional right of way through dedication and by deed; and WHEREAS, on November 21, 2023, at the request of Lewis Brothers Leasing Company, Inc., the City Council vacated portions of the West Moore Lane right of way adjacent to properties the company owned; and WHEREAS, by operation of law, most of the vacated right of way reverted to Lewis Brothers Leasing Company, Inc. but a portion that had been conveyed to the City by deed reverted to the City; and WHEREAS, Lewis Brothers Leasing Company, Inc. has requested that the City sell the small portion of land so that it may proceed with its plans for development and has offered to pay $100.00 for the land. 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 notifies the public that the City may sell approximately 0.057 acres of land to Lewis Brothers Leasing Company, Inc. for the sum of $100.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that the property does not need to be rezoned at this time and that no appraisal is necessary as the remnant piece of land is unusable to anyone but Lewis Brothers Leasing Company, Inc. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby informs the public that the City Council may consider a City Council resolution to approve a contract to sell this property to Lewis Brothers Leasing Company, Inc. during the November 7, 2024 City Council Meeting. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby determines that this property adjacent to the land owned by Lewis Brothers Leasing Company, Inc. is no longer needed for municipal purposes because the City has sufficient right of way for West Moore Lane and because the property lies in the middle of land owned by Lewis Page 1 Resolution: 250-24 File Number: 2024-651 Brothers Leasing Company, Inc. PASSED and APPROVED on October 15, 2024 Page 2 Attest: CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 15, 2024 TO: Mayor Jordan and City Council THRU: CITY COUNCIL MEMO 2024-651 FROM: Lioneld Jordan, Mayor SUBJECT: Intent to Sell Approximately 0.057 acres of city -owned land to Lewis Brothers Leasing Company, Inc. RECOMMENDATION: Mayor Jordan requests that the City Council approve a resolution notifying the public of the City's intention to sell approximately 0.057 acres of city owned land on West Moore Lane to Lewis Brothers Leasing Company, Inc. BACKGROUND: See attached staff memo DISCUSSION: BUDGET/STAFF IMPACT: Lewis Brothers Leasing Company, Inc. has offered compensation in the amount of $100.00 for the land. ATTACHMENTS: Mayor Approval - Lewis Bros Land Sale (#3), Lewis Land Sale CC Packet (#4), Lewis Bros - Corr to Mayor Jordan (#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 #: 2024-651 Intent to Sell Approximately 0.057 acres of city -owned land to Lewis Brothers Leasing Company, Inc. A RESOLUTION TO PROVIDE PUBLIC NOTICE THAT THE CITY COUNCIL IS CONSIDERING THE SALE OF APPROXIMATELY 0.057 ACRES OF LAND ON WEST MOORE LANE IN WARD 4 TO LEWIS BROTHERS LEASING COMPANY, INC. FOR THE SUM OF $100.00 WHEREAS, West Moore Lane was originally built and dedicated as a county road and became City of Fayetteville right of way when the land was annexed in 1967; and WHEREAS, as properties developed in the area, the City acquired additional right of way through dedication and by deed; and WHEREAS, on November 21, 2023, at the request of Lewis Brothers Leasing Company, Inc., the City Council vacated portions of the West Moore Lane right of way adjacent to properties the company owned; and WHEREAS, by operation of law, most of the vacated right of way reverted to Lewis Brothers Leasing Company, Inc. but a portion that had been conveyed to the City by deed reverted to the City; and WHEREAS, Lewis Brothers Leasing Company, Inc. has requested that the City sell the small portion of land so that it may proceed with its plans for development and has offered to pay $100.00 for the land. 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 notifies the public that the City may sell approximately 0.057 acres of land to Lewis Brothers Leasing Company, Inc. for the sum of $100.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that the property does not need to be rezoned at this time and that no appraisal is necessary as the remnant piece of land is unusable to anyone but Lewis Brothers Leasing Company, Inc. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby informs the public that the City Council may consider a City Council resolution to approve a contract to sell this property to Lewis Brothers Leasing Company, Inc. during the November 7, 2024 City Council Meeting. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby determines that this Page 1 Resolution: 250-24 File Number: 2024-651 property adjacent to the land owned by Lewis Brothers Leasing Company, Inc. is no longer needed for municipal purposes because the City has sufficient right of way for West Moore Lane and because the property lies in the middle of land owned by Lewis Brothers Leasing Company, Inc. Page 2 Civic Clerk Item No.: 2024-651 AGENDA REQUEST FORM FOR: Council Meeting of October 15, 2024 FROM: Mayor Lioneld Jordan ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO PROVIDE PUBLIC NOTICE THAT THE CITY COUNCIL IS CONSIDERING THE SALE OF APPROXIMATELY 0.057 ACRES OF LAND ON WEST MOORE LANE IN WARD 4 TO LEWIS BROTHERS LEASING COMPANY, INC. FOR THE SUM OF $100.00 APPRO J Mayor v Bla a enningto GENDA: Senior Assistant City Attorney Approved as to form «1 I51 Zy Date 10/I Date ►i CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 15, 2024 CITY COUNCIL AGENDA MEMO TO: Mayor, Fayetteville City Council THRU: Susan Norton, Chief of Staff FROM: Jonathan Curth, Development Services Director DATE: October 14, 2024 SUBJECT: Resolution of Intent to sell land to Lewis Brothers Leasing Co. RECOMMENDATION: Mayor Jordan recommends the City Council approve a resolution to provide public notice that the City Council is considering the sale to Lewis Brothers Leasing Co., of approximately 0.057 acres of land which adjoins the recently -developed Lewis Automotive Mall. BACKGROUND: The subject property includes approximately 0.057 acres of former right-of-way located adjacent to 2491 N. Shiloh Drive. The property was previously developed with a portion of West Moore Lane prior to its realignment in the late 2010s. DISCUSSION: In 2023, Clark Law Firm, LLC, submitted a right-of-way vacation request on behalf of Lewis Brothers Leasing Co. to vacate a larger 0.28 portion of right-of-way. Initial review indicated that the full extent of the area was eligible for right-of-way vacation and subsequent transference to the adjoining property. After evaluating utility franchise consent of the request and the right-of- way for ongoing public purpose, both staff and the Planning Commission recommended in favor of vacating the subject property. City Council approved the vacation on November 21, 2023. Additional review during construction permitting indicated that one portion (attached in highlight) was deeded, rather than dedicated, and still under City of Fayetteville ownership. This was communicated to the developer's civil engineering representative in June of 2024, along with guidance on how the property may be purchased. Should the City Council approve the resolution, staff will perform public notice and return with a resolution to approve a land sale contract. Attachments: ■ Exhibit A — 2023 Vacation request with land sale area in highlight ■ October 3, 2024 Correspondence to Mayor Jordan Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 i-Eb616L4) 7/ v EOLLLE ZL .'3l1IA31L3AtlJ SVSNVNNV 'IIIIAIIIIIVI '155NLtl315 '3 OBSS 3NV 23 00W -LI9IHX3 iox stl 'JNI'SN33NI9N3 o-Lnv SIM3l 31m 9Nll7/ISN07 NOI LVOVA AVM-30-1HOR1 AVM-d0-1HoJI2i zozroziso ON I ..... xoueroxaa sera nan 'uo�sN,d sxo�s�n3n ea or z � E z m z a I owe ou vz o z za v z FLL�a o� o3u waoz113 z rvw�a Boa T, z¢ a a m 0 0 o ro W z O m U o w `"�Nw u LL m o O u U o U' O a< i z x w 0 -a V rcSZFz Z M Z O F m 2 Z N go o2 Z a u Z o LL z w s zo 3 ovioa�¢ OV p ¢ ow 3" o m a,�o o3 c7 0 �= w 'aiGj a�wwwJ 3 m '. 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F U o O Q W Z N Y N m N aLL u m [L' w J U V > d W S V m U W Z a (1 W W K U Sm 6 K)o Lr ^ Q K W 0 d W [C d UI LL [C p 7 F K 0 z O Y g N Z m O>¢ N z Z F a V II w� s¢m� w ZNJ 00 = W w O I n I J a m a J i l u 3 l a I x l• O v o v o II I o � II d f aMCPNOTIV'lvA JIVM-40-lWgT 16117T7\NnTIv7vA M?i\AaATinq\llvw ninv STMaI - NV LalITAaI IaAva - 6TT7-T7\T7n7\:M ## CLARK LAW FIRM OCTOBER 3, 2024 Mayor Lioneld Jordan City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 121 West South Street PO Box 4248 Fayetteville, Arkansas 72702-4248 Tel: (479) 856-6380 Fax: (479) 856-6381 Suzanne G. Clark sclark@clark-firm.com Re: Property Transfer — Lewis Brothers Leasing Co., Inc. Dear Mr. Mayor, I represent Lewis Brothers Leasing Company, Inc. ("Lewis Bros.") regarding its work with the City for property located at the new Lewis Automotive complex. We are requesting your assistance because Lewis Bros. is currently being prohibited from completing their driveway and parking lot due to a property issue that Lewis Bros. believed was resolved when the City vacated the right-of-way of "Old Moore Lane" on December 23, 2023. The City owns a very small piece of land in that right-of-way that needs to be transferred to Lewis Bros. There is not a dispute that this needs to happen. However, the fact that the property has not been transferred is preventing Lewis Bros. from further development. The matter has become urgent. Background This issue is a bit convoluted, therefore, some background information may be helpful. The ROW vacation of "Old Moore Lane" involved five (5) different parcels of property. ROW #93-48298 was deeded to the City in 1993 and transferred 0.057 acres of real property, rather than transferring easement rights for the right of way. I have attached a copy of the 1993 warranty deed with the legal property description as Exhibit "A." During the application process for the ROW vacation, because this deed added a unique complication, Planning requested more information regarding the 1993 transaction to ensure the City had not paid for the property. My firm obtained a title search, which was provided to the City, and all agreed there was no evidence the City had paid for the property. At the time, communication with Planning, attached as Exhibit `B," appeared to indicate my client did not need to take any further action, other than proceeding with the right-of-way vacation. However, no actual transfer of the property occurred during the ROW vacation in City of Fayetteville 3 OC`I'OBER 2024 Lewis Automotive Property Page 2 of 2 December of 2023. In the last few months, while Matt Lewis has worked with Planning to get approval to continue work on the dealership's driveway and parking lot, he's been prevented from doing so because the City still owns this land. We respect that City staff must ensure compliance with code. Section 34.27 of our municipal code requires that the City Council pass a resolution authorizing the sale of any real property. We are requesting your assistance to obtain the necessary resolution to make the property transfer and allow Lewis Bros. to get on with their business. Offer and Requested Action Chris Brown recently suggested to Matt Lewis, in the email correspondence attached as Exhibit "C," that he write to you with an offer for the property. That is the purpose of this letter. As noted in Mr. Brown's email, because there is no evidence that the City paid anything for this small section of land, he expected the City "would not expect any payment in this case." Therefore, Lewis Bros. offers the nominal amount of $100 to transfer the property in question from the City of Fayetteville to Lewis Bros. Obviously, the City has no need for this small section of land. Neither could anyone other than Lewis Bros. have a need, desire, or purpose for this land. This is more of a paperwork issue at this point, but one that must be dealt with so Lewis Bros. may continue with the development of its dealership. I am happy to provide any additional information you may require. My client and I would both appreciate expediting this matter through the City Council and will be available to answer questions or provide anything further that may be necessary. Thank you for your time and attention to this matter. Sincerely, Is/Suzanne G. Clark Suzanne G. Clark cc. Matt Lewis WARRANTY DEED Pro}ect:Moore Lane KNOW ALL MEN BY THESE PRESENTS: Improvements THAT Chris King and Karen King, Husband and Wife, for and in the consideration of the sum of One Dollars (1_00), and other goods and valuable consideration, the receipt of which is hereby acknowledged, hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal corporation, and unto its successors and assigns forever, the following lands lying and being situated in the County of Washington, State of Arkansas, to -wit: A part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section Thirty-three (33), Township Seventeen (17) North, Range thirty (30) West, being more particularly described as follows: Beginning at a point which is 330.81 feet East and 688.88 feet North of the Southwest corner of said forty acre tract; thence N00°1310011 E 145.00 feet; thence S890451001' E 17 feet; thence S00°131100f1 W 145.22 feet to an existing fence; thence N89100f4801 W along said fence 17 feet to the point of beginning, containing 0.057 acres, more or less, Washington County, Arkansas. TO HAVE AND TO HOLD the same unto the said City of Fayetteville, Arkansas, a municipal corporation, and unto its successors and assigns forever. And we hereby covenant with the said City of Fayetteville that we will forever warrant and defend the title to said lands and property against the lawful claims of any and all persons whomsoever. WITNESS our hands on this �l'�� dayOf _GZ 19 / S ( � C) Chris ing C r f c -C r Karen King- m s c, :ZD -10 m n o A ]' o � v w A C K N O W L E D G M E JET STATE OF ARKANSAS COUNTY OF WASHINGTON j SS BE IT REMEMBERED, that on this date, before the undersigned, a Notary Public within and for the County aforesaid, duly commissioned and acting, Chris King and xaran Kin me well known as the Grantors in the foregoing Deed and stated that to they had executed the same for the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public on this &� day of lg�. e My Commission Expires: a Notary Public 93 48298 From: Suzanne Clark To: Curth. Jonathan Cc: Williams. Kit: Payton C. Bentlev Subject: RE: Lewis Automotive ROW Date: Thursday, January 26, 2023 3:21:59 PM Attachments: imaae002.ona Thanks Jonathan. We'll have several ROWS that we will need to request be vacated, but the parcel that had the associated deed to the City was confusing the issue. We'll be working on the applications and proceed accordingly. Thanks, Suzanne Suzanne G. Clark CLARK LAW FIRM, PLLC 121 W. South Street P.O. Box 4248 Fayetteville, AR 72702-4248 Tel: 479-856-6380 Fax: 479-856-6381 sclark@clark-firm.com www.clark-firm.com CLARK �•• nos, -40 CotifidentiahU Notice This e-mail transmission and any documents or other attachments accompanying it contain confidential information that may be protected by the attorney -client privilege. In the event that this e-mail contains a forwarded message or is a reply to a prior message, some or all of the contents of this e-mail transmission or any documents or other instruments may not have been produced by Clark Law Firm, PLLC. From: Curth, Jonathan <jcurth@fayetteville-ar.gov> Sent: Thursday, January 26, 2023 2:11 PM To: Suzanne Clark <sclark@clark-firm.com> Cc: Williams, Kit <kwilliams@fayetteville-ar.gov> Subject: RE: Lewis Automotive ROW Suzanne, Thank you for the update and confirmation of dedication rather than payment. With that in mind, the request follows the process for a right-of-way vacation. This includes approximately 9-12 weeks with hearings at the Planning Commission and then, assuming its forwarded, City Council. As with our other development applications, please use the online portal_ hP_Under "Apply', you will find the "Street and Alley Right -of -Way Vacation" application with prompts on what to submit. Public notification is required, but only once the application's completeness has been verified. Exhibit B Moving forward, please confirm the exact area proposed for vacation. From what I see in the provided legal description (the piece indicated with the blue circle below) it appears to differ from the parcel number later in the search. If so, and understand that this is my non -surveyor read of the description, that excludes the pieces to the east and south, 886/567 and 886/569 respectively. 1 I i t 2-491 h� 4t�.1 "t Whatever the area ultimately intended for vacation, the next step is to assess whether it still bears any public purpose. Once you have confirmed the area proposed for vacation, I can get it to Planning to evaluate and share whether staff can support the proposal. From our previous conversation, the only item that remains of some potential concern to me is whether the existing drainage ditch in that area performs a function prior to stormwater entering the City's system to the north. Thanks, Jonathan Curth, AICP Development Services Director Development Services Department City of Fayetteville, Arkansas icurth(@fa !etteville-ar.gov 479.575.8308 From: Suzanne Clark <scaark@clark-firm.com> Sent: Thursday, January 26, 2023 11:14 AM To: Curth, Jonathan <jcurth@fayetteville-ar.gov> Cc: Williams, Kit <kwilliams@fayetteville-ar.gov> Subject: Lewis Automotive ROW CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Jonathan and Kit, We got the title search back on the property transfers related to that right of way on the property Lewis Automotive is occupying. I've attached it here. There is nothing evidencing payment for the property itself. Look it over and let me know process -wise, how I need to proceed. Obviously with vacation of the ROW, but not quite sure how we need to handle the request to transfer/buy the property itself. Thanks, Suzanne Suzanne G. Clark CLARK LAW FIRM, PLLC 121 W. South Street P.O. Box 4248 Fayetteville, AR 72702-4248 Tel: 479-856-6380 Fax: 479-856-6381 sclark@clark-firm.com vwwv.clark-firm.com (LRK4f Alour riot Con idendaflU Notice This e-mail transmission and any documents or other attachments accompanying it contain confidential information that may be protected by the attorney -client privilege. In the event that this e-mail contains a forwarded message or is a reply to a prior message, some or all of the contents of this e-mail transmission or any documents or other instruments may not have been produced by Clark Law Firm, PLLC. From: Brown, Chris <cbrown@fayetteville-ar.gov> Sent: Monday, September 30, 2024 8:40 PM To: Matt Lewis <mlewis@lewisautogroup.com> Cc: Jordan, Lioneld <liordan@fayetteville-ar.gov>; Norton, Susan <snorton@favetteville-ar.gov>; Mayor <Mayor@favetteville-ar.gov>; Guild, Douglas <dguild@fayetteville-ar.gov>; Boccaccio, Joshua <jboccaccio@favetteville-ar.gov>; Carte, Jason <icarte@favetteville-ar.gov>; Curth, Jonathan <icurth@fayetteville-ar.gov>; Harrison, Gretchen <gharrison@favetteville-ar.gov> Subject: RE: Lewis Auto Mall - LSD 2022-000005 Hi Matt, As discussed, this email is your authorization to complete the work on Moore Lane across the proposed driveway. You may construct the curb, sidewalk, and driveway approach between curb and sidewalk as designed and in accordance with City standards and details. Approval of work on the driveway and parking lot is pending the resolution of the city property. I have attached a summary of that item as a reminder. Our suggestion at this point is to send a letter to the Mayor with an offer to purchase the property (Unless we can find evidence that the City paid anything for the property, we would not expect any payment in this case) ... once we have that we can prepare the Council item that will authorize the "sale" and get this taken care of. Please pass this along to your project representation as needed. Chris Chris Brown, P.E. Public Works Director/City Engineer Public Works Department City of Fayetteville, Arkansas 479-575-8207 favetteville-ar.Aov <image003.png> From: Mayor <Mayor@fayetteville-ar.gov> Sent: Thursday, September 26, 2024 10:10 PM To: Brown, Chris <cbrown@favetteville-ar.gov> Cc: Jordan, Lioneld <liordan@favetteville-ar.gov>; Norton, Susan <snorton@favetteville-ar.gov> Subject: FW: Couple of Items. fyi From: Matt Lewis <mlewis@lewisautogroup.com> Sent: Thursday, September 26, 2024 4:39 PM Exhibit C To: Mayor <Mayor@fayetteville-ar.gov> Subject: RE: Couple of Items. CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Mayor, I am following back up on this. Anything else I can do to help? What should I do next? For some reason this piece is also holding us up from completing all the road improvements on Moore. I was informed that engineering will not allow us to finish up on the sidewalks until Planning figures this out. Mainly because we are not going to curb and sidewalkwhere the entrance goes just to tear it back out. We should be able to just block the section out. Matthew M. Lewis Vice President Lewis Automotive Group 479-582-6231 <image005.jpg> From: Matt Lewis Sent: Wednesday, September 18, 2024 9:32 AM To: mayor@fayetteville-ar.gov Subject: RE: Couple of Items. Mr. Mayor, Thank you for your help with the TCO issue for our commercial building. I am following up on the right of way issue on Moore In. Attached is a timeline, corresponding emails, and all the documents we have researched and provided the City since 2022. 1 truly feel that this is just a clerical error that was missed after City Council meeting on November 21, 2023. The screen shot attached does show that the vacay of right of way got recorded. However, the small piece in the middle of the parcel was missed. Please let me know what I should do to get this issued resolved. Feel free to reach out to my cell phone to discuss, 479-466-6411. Below is an image that gives reference to what we are talking about. Thank you for your help. <image006Jpg> Matthew M. Lewis Vice President Lewis Automotive Group 479-582-6231 <image012.jpg> From: Matt Lewis Sent: Friday, September 6, 2024 2:15 PM To: ra,ia,,v i-(ciif `/etteville-ar,f,ov Subject: Couple of Items. Mr. Mayor, I hope all is well with you. I need help with a couple items on our project. I have tried to do everything possible to not get you involved because I know you are busy, however I seam to be running into a road blocks. We are trying to get the TCO on our Commercial repair building. The building was finished mid -July and signed off by everyone except the engineering department. I can explain more in detail but the hold up was the road improvements on Moore In. We have put these improvements in place as requested but ran into an issue with the road itself. Not anything we couldn't work through but we can not get the engineering team to communicate with McCelland Engineering, Nabholz construction or myself. It's going on 45 days of this retail location not being open for business. I am not trying to complain, I just need advice on what I should do. The second piece is a small section of land on Moore ln. Almost 2 years ago we started the process with the city to vacay a right of way. This request took some time because no one at the city could find records. After hiring Susan Clark and McCelland to do all the searches and surveys we were able to get it in front of council. I thought everything was fixed until we tried to pull a permit. Somehow in the middle off transfer of land it was missed that there was a small piece in the middle of the parcel that was originally deeded to the city but not transferred over to Lewis. I have all the documents and timeline to help get everyone up to speed. This piece is merely for parking of employees and was supposed to be finished by now. Please feel free to give me a call at 479-466-6411. 1 can also send you any documentation that you need. Thank you for your time. Matthew M. Lewis Vice President Lewis Automotive Group 479-582-6231 <image013.jpg> Received From Suzanne Clark 10/14/2024 1 1:16 AM CLARK LAW FIRM OCTOBER 3, 2024 Mayor Lioneld Jordan City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 121 West South Street PO Box 4248 Fayetteville, Arkansas 72702-4248 Tel: (479) 856-6380 Fax: (479) 856-6381 Suzanne G. Clark sclark@clark-firm.com Re: Property Transfer — Lewis Brothers Leasing Co., Inc. Dear Mr. Mayor, I represent Lewis Brothers Leasing Company, Inc. ("Lewis Bros.") regarding its work with the City for property located at the new Lewis Automotive complex. We are requesting your assistance because Lewis Bros. is currently being prohibited from completing their driveway and parking lot due to a property issue that Lewis Bros. believed was resolved when the City vacated the right-of-way of "Old Moore Lane" on December 23, 2023. The City owns a very small piece of land in that right-of-way that needs to be transferred to Lewis Bros. There is not a dispute that this needs to happen. However, the fact that the property has not been transferred is preventing Lewis Bros. from further development. The matter has become urgent. Background This issue is a bit convoluted, therefore, some background information may be helpful. The ROW vacation of "Old Moore Lane" involved five (5) different parcels of property. ROW #93-48298 was deeded to the City in 1993 and transferred 0.057 acres of real property, rather than transferring easement rights for the right of way. I have attached a copy of the 1993 warranty deed with the legal property description as Exhibit "A." During the application process for the ROW vacation, because this deed added a unique complication, Planning requested more information regarding the 1993 transaction to ensure the City had not paid for the property. My firm obtained a title search, which was provided to the City, and all agreed there was no evidence the City had paid for the property. At the time, communication with Planning, attached as Exhibit `B," appeared to indicate my client did not need to take any further action, other than proceeding with the right-of-way vacation. However, no actual transfer of the property occurred during the ROW vacation in City of Fayetteville 3 OC`I'OBER 2024 Lewis Automotive Property Page 2 of 2 December of 2023. In the last few months, while Matt Lewis has worked with Planning to get approval to continue work on the dealership's driveway and parking lot, he's been prevented from doing so because the City still owns this land. We respect that City staff must ensure compliance with code. Section 34.27 of our municipal code requires that the City Council pass a resolution authorizing the sale of any real property. We are requesting your assistance to obtain the necessary resolution to make the property transfer and allow Lewis Bros. to get on with their business. Offer and Requested Action Chris Brown recently suggested to Matt Lewis, in the email correspondence attached as Exhibit "C," that he write to you with an offer for the property. That is the purpose of this letter. As noted in Mr. Brown's email, because there is no evidence that the City paid anything for this small section of land, he expected the City "would not expect any payment in this case." Therefore, Lewis Bros. offers the nominal amount of $100 to transfer the property in question from the City of Fayetteville to Lewis Bros. Obviously, the City has no need for this small section of land. Neither could anyone other than Lewis Bros. have a need, desire, or purpose for this land. This is more of a paperwork issue at this point, but one that must be dealt with so Lewis Bros. may continue with the development of its dealership. I am happy to provide any additional information you may require. My client and I would both appreciate expediting this matter through the City Council and will be available to answer questions or provide anything further that may be necessary. Thank you for your time and attention to this matter. Sincerely, Is/Suzanne G. Clark Suzanne G. Clark cc. Matt Lewis WARRANTY DEED Pro}ect:Moore Lane KNOW ALL MEN BY THESE PRESENTS: Improvements THAT Chris King and Karen King, Husband and Wife, for and in the consideration of the sum of One Dollars (1_00), and other goods and valuable consideration, the receipt of which is hereby acknowledged, hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal corporation, and unto its successors and assigns forever, the following lands lying and being situated in the County of Washington, State of Arkansas, to -wit: A part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section Thirty-three (33), Township Seventeen (17) North, Range thirty (30) West, being more particularly described as follows: Beginning at a point which is 330.81 feet East and 688.88 feet North of the Southwest corner of said forty acre tract; thence N00°1310011 E 145.00 feet; thence S890451001' E 17 feet; thence S00°131100f1 W 145.22 feet to an existing fence; thence N89100f4801 W along said fence 17 feet to the point of beginning, containing 0.057 acres, more or less, Washington County, Arkansas. TO HAVE AND TO HOLD the same unto the said City of Fayetteville, Arkansas, a municipal corporation, and unto its successors and assigns forever. And we hereby covenant with the said City of Fayetteville that we will forever warrant and defend the title to said lands and property against the lawful claims of any and all persons whomsoever. WITNESS our hands on this �l'�� dayOf _GZ 19 / S ( � C) Chris ing C r f c -C r Karen King- m s c, :ZD -10 m n o A ]' o � v w A C K N O W L E D G M E JET STATE OF ARKANSAS COUNTY OF WASHINGTON j SS BE IT REMEMBERED, that on this date, before the undersigned, a Notary Public within and for the County aforesaid, duly commissioned and acting, Chris King and xaran Kin me well known as the Grantors in the foregoing Deed and stated that to they had executed the same for the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public on this &� day of lg�. e My Commission Expires: a Notary Public 93 48298 From: Suzanne Clark To: Curth. Jonathan Cc: Williams. Kit: Payton C. Bentlev Subject: RE: Lewis Automotive ROW Date: Thursday, January 26, 2023 3:21:59 PM Attachments: imaae002.ona Thanks Jonathan. We'll have several ROWS that we will need to request be vacated, but the parcel that had the associated deed to the City was confusing the issue. We'll be working on the applications and proceed accordingly. Thanks, Suzanne Suzanne G. Clark CLARK LAW FIRM, PLLC 121 W. South Street P.O. Box 4248 Fayetteville, AR 72702-4248 Tel: 479-856-6380 Fax: 479-856-6381 sclark@clark-firm.com www.clark-firm.com CLARK �•• nos, -40 CotifidentiahU Notice This e-mail transmission and any documents or other attachments accompanying it contain confidential information that may be protected by the attorney -client privilege. In the event that this e-mail contains a forwarded message or is a reply to a prior message, some or all of the contents of this e-mail transmission or any documents or other instruments may not have been produced by Clark Law Firm, PLLC. From: Curth, Jonathan <jcurth@fayetteville-ar.gov> Sent: Thursday, January 26, 2023 2:11 PM To: Suzanne Clark <sclark@clark-firm.com> Cc: Williams, Kit <kwilliams@fayetteville-ar.gov> Subject: RE: Lewis Automotive ROW Suzanne, Thank you for the update and confirmation of dedication rather than payment. With that in mind, the request follows the process for a right-of-way vacation. This includes approximately 9-12 weeks with hearings at the Planning Commission and then, assuming its forwarded, City Council. As with our other development applications, please use the online portal_ hP_Under "Apply', you will find the "Street and Alley Right -of -Way Vacation" application with prompts on what to submit. Public notification is required, but only once the application's completeness has been verified. Exhibit B Moving forward, please confirm the exact area proposed for vacation. From what I see in the provided legal description (the piece indicated with the blue circle below) it appears to differ from the parcel number later in the search. If so, and understand that this is my non -surveyor read of the description, that excludes the pieces to the east and south, 886/567 and 886/569 respectively. 1 I i t 2-491 h� 4t�.1 "t Whatever the area ultimately intended for vacation, the next step is to assess whether it still bears any public purpose. Once you have confirmed the area proposed for vacation, I can get it to Planning to evaluate and share whether staff can support the proposal. From our previous conversation, the only item that remains of some potential concern to me is whether the existing drainage ditch in that area performs a function prior to stormwater entering the City's system to the north. Thanks, Jonathan Curth, AICP Development Services Director Development Services Department City of Fayetteville, Arkansas icurth(@fa !etteville-ar.gov 479.575.8308 From: Suzanne Clark <scaark@clark-firm.com> Sent: Thursday, January 26, 2023 11:14 AM To: Curth, Jonathan <jcurth@fayetteville-ar.gov> Cc: Williams, Kit <kwilliams@fayetteville-ar.gov> Subject: Lewis Automotive ROW CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Jonathan and Kit, We got the title search back on the property transfers related to that right of way on the property Lewis Automotive is occupying. I've attached it here. There is nothing evidencing payment for the property itself. Look it over and let me know process -wise, how I need to proceed. Obviously with vacation of the ROW, but not quite sure how we need to handle the request to transfer/buy the property itself. Thanks, Suzanne Suzanne G. Clark CLARK LAW FIRM, PLLC 121 W. South Street P.O. Box 4248 Fayetteville, AR 72702-4248 Tel: 479-856-6380 Fax: 479-856-6381 sclark@clark-firm.com vwwv.clark-firm.com (LRK4f Alour riot Con idendaflU Notice This e-mail transmission and any documents or other attachments accompanying it contain confidential information that may be protected by the attorney -client privilege. In the event that this e-mail contains a forwarded message or is a reply to a prior message, some or all of the contents of this e-mail transmission or any documents or other instruments may not have been produced by Clark Law Firm, PLLC. From: Brown, Chris <cbrown@fayetteville-ar.gov> Sent: Monday, September 30, 2024 8:40 PM To: Matt Lewis <mlewis@lewisautogroup.com> Cc: Jordan, Lioneld <liordan@fayetteville-ar.gov>; Norton, Susan <snorton@favetteville-ar.gov>; Mayor <Mayor@favetteville-ar.gov>; Guild, Douglas <dguild@fayetteville-ar.gov>; Boccaccio, Joshua <jboccaccio@favetteville-ar.gov>; Carte, Jason <icarte@favetteville-ar.gov>; Curth, Jonathan <icurth@fayetteville-ar.gov>; Harrison, Gretchen <gharrison@favetteville-ar.gov> Subject: RE: Lewis Auto Mall - LSD 2022-000005 Hi Matt, As discussed, this email is your authorization to complete the work on Moore Lane across the proposed driveway. You may construct the curb, sidewalk, and driveway approach between curb and sidewalk as designed and in accordance with City standards and details. Approval of work on the driveway and parking lot is pending the resolution of the city property. I have attached a summary of that item as a reminder. Our suggestion at this point is to send a letter to the Mayor with an offer to purchase the property (Unless we can find evidence that the City paid anything for the property, we would not expect any payment in this case) ... once we have that we can prepare the Council item that will authorize the "sale" and get this taken care of. Please pass this along to your project representation as needed. Chris Chris Brown, P.E. Public Works Director/City Engineer Public Works Department City of Fayetteville, Arkansas 479-575-8207 favetteville-ar.Aov <image003.png> From: Mayor <Mayor@fayetteville-ar.gov> Sent: Thursday, September 26, 2024 10:10 PM To: Brown, Chris <cbrown@favetteville-ar.gov> Cc: Jordan, Lioneld <liordan@favetteville-ar.gov>; Norton, Susan <snorton@favetteville-ar.gov> Subject: FW: Couple of Items. fyi From: Matt Lewis <mlewis@lewisautogroup.com> Sent: Thursday, September 26, 2024 4:39 PM Exhibit C To: Mayor <Mayor@fayetteville-ar.gov> Subject: RE: Couple of Items. CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Mayor, I am following back up on this. Anything else I can do to help? What should I do next? For some reason this piece is also holding us up from completing all the road improvements on Moore. I was informed that engineering will not allow us to finish up on the sidewalks until Planning figures this out. Mainly because we are not going to curb and sidewalkwhere the entrance goes just to tear it back out. We should be able to just block the section out. Matthew M. Lewis Vice President Lewis Automotive Group 479-582-6231 <image005.jpg> From: Matt Lewis Sent: Wednesday, September 18, 2024 9:32 AM To: mayor@fayetteville-ar.gov Subject: RE: Couple of Items. Mr. Mayor, Thank you for your help with the TCO issue for our commercial building. I am following up on the right of way issue on Moore In. Attached is a timeline, corresponding emails, and all the documents we have researched and provided the City since 2022. 1 truly feel that this is just a clerical error that was missed after City Council meeting on November 21, 2023. The screen shot attached does show that the vacay of right of way got recorded. However, the small piece in the middle of the parcel was missed. Please let me know what I should do to get this issued resolved. Feel free to reach out to my cell phone to discuss, 479-466-6411. Below is an image that gives reference to what we are talking about. Thank you for your help. <image006Jpg> Matthew M. Lewis Vice President Lewis Automotive Group 479-582-6231 <image012.jpg> From: Matt Lewis Sent: Friday, September 6, 2024 2:15 PM To: ra,ia,,v i-(ciif `/etteville-ar,f,ov Subject: Couple of Items. Mr. Mayor, I hope all is well with you. I need help with a couple items on our project. I have tried to do everything possible to not get you involved because I know you are busy, however I seam to be running into a road blocks. We are trying to get the TCO on our Commercial repair building. The building was finished mid -July and signed off by everyone except the engineering department. I can explain more in detail but the hold up was the road improvements on Moore In. We have put these improvements in place as requested but ran into an issue with the road itself. Not anything we couldn't work through but we can not get the engineering team to communicate with McCelland Engineering, Nabholz construction or myself. It's going on 45 days of this retail location not being open for business. I am not trying to complain, I just need advice on what I should do. The second piece is a small section of land on Moore ln. Almost 2 years ago we started the process with the city to vacay a right of way. This request took some time because no one at the city could find records. After hiring Susan Clark and McCelland to do all the searches and surveys we were able to get it in front of council. I thought everything was fixed until we tried to pull a permit. Somehow in the middle off transfer of land it was missed that there was a small piece in the middle of the parcel that was originally deeded to the city but not transferred over to Lewis. I have all the documents and timeline to help get everyone up to speed. This piece is merely for parking of employees and was supposed to be finished by now. Please feel free to give me a call at 479-466-6411. 1 can also send you any documentation that you need. Thank you for your time. Matthew M. Lewis Vice President Lewis Automotive Group 479-582-6231 <image013.jpg>