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Home My WebLink About30-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 30-25 File Number: 2024-01108 PARTI INVESTMENTS, LLC. (CONDEMNATION): A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF ADDITIONAL LANDS OWNED BY PARTI INVESTMENTS, LLC. NEEDED FOR THE HIGHWAY 71B CORRIDOR PROJECT WHEREAS, the City of Fayetteville initiated condemnation proceedings against Parti Investments, LLC on November 8, 2023, to seek possession of approximately 0.05 acres of general utility easement and temporary construction easement and 200 square feet of right-of-way needed to complete the Highway 71B Corridor Project; and WHEREAS, on November 27, 2023, the City deposited $14,953.00 into the registry of the Circuit Court to obtain immediate possession of the property sought; and WHEREAS, the City has since identified additional right-of-way needed to complete the Highway 71B Corridor Project; and WHEREAS, the City has obtained a new appraisal which estimates just compensation for the 0.04 acres of right-of- way and 0.05 acres of general utility easement and temporary construction easement sought by the City of Fayetteville to be $45,000.00; and WHEREAS, in order to request possession of the newly -identified property from the Circuit Court, the City must deposit an additional $30,047.00 into the registry of the Circuit Court; and WHEREAS, the City 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 seek court -ordered possession of property located on or near the Highway 71B Corridor Project and owned by Parti Investments, LLC, that is needed for additional right-of-way for the Project, and to pay into the registry of the Circuit Court additional just compensation in the amount of $30,047.00. PASSED and APPROVED on January 7, 2025 Page 1 Resolution: 30-25 File Number: 2024-01108 Approved: E-SIGNED by Molly Rawn on 2025-01-14 21:51:37 GMT Molly Rawn, Mayor Attest: 'X��// �RK TR,c��j�/i G\jY 0 :rG� E-SIGNED by Kara Paxtorc�: FAYETTEVILLE-�'O= on 2025-01-14 23:25:29 GM c�••�' Kara Paxton, City Clerk Treasurer i�j9sti •;C;4NSP.O' ;`� VN;, �G III X``` Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 7, 2025 TO: Mayor Rawn and City Council THRU: Kit Williams, City Attorney Blake Pennington, Assistant City Attorney FROM: Hannah Hungate, Assistant City Attorney SUBJECT: Parti Investments, LLC Condemnation RECOMMENDATION: CITY COUNCIL MEMO 2024-01108 The City Attorney's Office recommends the Fayetteville City Council authorize our office to seek court -ordered possession of lands owned by Parti Investments, LLC and to deposit into the registry of the Circuit Court an additional $30,047.00 as estimated just compensation. BACKGROUND: On October 17, 2023, the City Council passed Resolution 230-23 authorizing our office to initiate condemnation proceedings against Parti Investments, LLC to acquire right-of-way and easements necessary for the Highway 71 B Corridor Project. The resolution authorized the deposit of just compensation in the amount of $10,878.75, which was based on appraisals of other properties involved in the project. Just nine (9) days after the resolution was passed, the City received an appraisal conducted specifically for this property, which estimated a higher amount of just compensation. That appraisal estimated just compensation for the taking to be $14,953.00. On November 7, 2024, the City Council passed Resolution 250-23, resolving to amend Resolution 230-23 and authorizing our office to deposit the estimated just compensation of $14,953.00 into the registry of the Circuit Court. Our office filed the condemnation action against Parti Investments, LLC on November 8, 2023, and deposited a check into the Circuit Court registry in the amount of $14,953.00 on November 27, 2023. Since that time, the City has identified additional right-of-way needed to complete the project. The City obtained a new appraisal on December 3, 2024, which estimated just compensation for all requested right-of-way and easements on Parti Investments, LLC's property to be $45,000.00. DISCUSSION: To gain immediate possession of the additional lands sought in this case, our office must deposit a total of $45,000.00 into the registry of the Circuit Court. We deposited $14,953.00 for the right-of-way and easements requested in November 2023, so we must now deposit an additional $30,047.00 to reach the total estimated just compensation of $45,000.00. Therefore, our office requests that the City Council authorize us to seek court -ordered possession of the additional lands needed for the project and pay into the registry of the Circuit Court additional just compensation in the amount of $30,047.00. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The corridor improvements are funded by the 2019 Transportation Bond Program. ATTACHMENTS: SRF (#3) , Staff Memo (#4), Resolution 230-23 (#5), Resolution 250-23 (#6), Registry Receipt (#7), Right of Way and Easement Documents (#8) 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 #: 2024-01108 Parti Investments, LLC Condemnation A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF ADDITIONAL LANDS OWNED BY PARTI INVESTMENTS, LLC. NEEDED FOR THE HIGHWAY 7 1 B CORRIDOR PROJECT WHEREAS, the City of Fayetteville initiated condemnation proceedings against Parti Investments, LLC on November 8, 2023, to seek possession of approximately 0.05 acres of general utility easement and temporary construction easement and 200 square feet of right-of-way needed to complete the Highway 7 1 B Corridor Project; and WHEREAS, on November 27, 2023, the City deposited $14,953.00 into the registry of the Circuit Court to obtain immediate possession of the property sought; and WHEREAS, the City has since identified additional right-of-way needed to complete the Highway 7 1 B Corridor Project; and WHEREAS, the City has obtained a new appraisal which estimates just compensation for the 0.04 acres of right-of-way and 0.05 acres of general utility easement and temporary construction easement sought by the City of Fayetteville to be $45,000.00; and WHEREAS, in order to request possession of the newly -identified property from the Circuit Court, the City must deposit an additional $30,047.00 into the registry of the Circuit Court; and WHEREAS, the City 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 seek court -ordered possession of property located on or near the Highway 71B Corridor Project and owned by Parti Investments, LLC, that is needed for additional right-of-way for the Project, and to pay into the registry of the Circuit Court additional just compensation in the amount of $30,047.00. Page 1 Hannah Hungate Submitted By City of Fayetteville Staff Review Form 2024-1108 Item ID 1/7/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/19/2024 CITY ATTORNEY (021) Submitted Date Division / Department Action Recommendation: The City Attorney's Office recommends the Fayetteville City Council authorize our office to seek court -ordered possession of lands owned by Parti Investments, LLC and needed for our Highway 71B Corridor Project and to deposit into the registry of the Circuit Court an additional $30,047.00 as estimated just compensation. 4702.860.7221-5805.00 Account Number 46020.7221.1020 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: 4702 - Street Projects 2022 Bonds Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Hwy 71B Corridor Project Title $ 2,920,222.50 $ 200,572.00 2,719,650.50 $ 30,047.00 Previous Ordinance or Resolution # Approval Date: 2,689,603.50 V20221130 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 7, 2025 TO: Mayor and City Council THRU: Kit Williams, City Attorney Blake Pennington, Senior Assistant City Attorney FROM: Hannah Hungate, Assistant City Attorney DATE: December 19, 2024 SUBJECT: Parti Investments, LLC Condemnation CITY COUNCIL MEMO RECOMMENDATION: The City Attorney's Office recommends the Fayetteville City Council authorize our office to seek court -ordered possession of lands owned by Parti Investments, LLC and to deposit into the registry of the Circuit Court an additional $30,047.00 as estimated just compensation. BACKGROUND: On October 17, 2023, the City Council passed Resolution 230-23 authorizing our office to initiate condemnation proceedings against Parti Investments, LLC to acquire right-of-way and easements necessary for the Highway 71 B Corridor Project. The resolution authorized the deposit of just compensation in the amount of $10,878.75, which was based on appraisals of other properties involved in the project. Just nine (9) days after the resolution was passed, the City received an appraisal conducted specifically for this property, which estimated a higher amount of just compensation. That appraisal estimated just compensation for the taking to be $14,953.00. On November 7, 2024, the City Council passed Resolution 250-23, resolving to amend Resolution 230-23 and authorizing our office to deposit the estimated just compensation of $14,953.00 into the registry of the Circuit Court. Our office filed the condemnation action against Parti Investments, LLC on November 8, 2023, and deposited a check into the Circuit Court registry in the amount of $14,953.00 on November 27, 2023. Since that time, the City has identified additional right-of-way needed to complete the project. The City obtained a new appraisal on December 3, 2024, which estimated just compensation for all requested right-of-way and easements on Parti Investments, LLC's property to be $45,000.00. DISCUSSION: To gain immediate possession of the additional lands sought in this case, our office must deposit a total of $45,000.00 into the registry of the Circuit Court. We deposited $14,953.00 for the right - Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 of -way and easements requested in November 2023, so we must now deposit an additional $30,047.00 to reach the total estimated just compensation of $45,000.00. Therefore, our office requests that the City Council authorize us to seek court -ordered possession of the additional lands needed for the project and pay into the registry of the Circuit Court additional just compensation in the amount of $30,047.00. BUDGET/STAFF IMPACT: The corridor improvements are funded by the 2019 Transportation Bond Program. Attachments: Staff Review Form Resolution 230-23 Resolution 250-23 Registry Receipt Easement Documents 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 230-23 File Number: 2023-1141 PARTI INVESTMENTS, LLC (CONDEMNATION): A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY PARTI INVESTMENTS, LLC NEEDED FOR THE HIGHWAY 71 B CORRIDOR PROJECT WHEREAS, the City of Fayetteville and Parti Investments, LLC have been unable to agree upon a fair price for approximately 0.05 acres of utility easement and 200 square feet of right-of-way needed to complete the Highway 71 B Corridor 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 71B Corridor Project and owned by Parti Investments, LLC, that is needed for a utility easement and right-of-way for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $10,878.75. PASSED and APPROVED on October 17, 2023 Approved: Page 1 Attest: F K Kara Paxton, City ClerkTreasurer 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 250-23 File Number: 2023-1260 RESOLUTION 230-23 AND AUTHORIZE CONDEMNATION OF PROPERTY OWNED BY PARTI INVESTMENTS (AMENDMENT): A RESOLUTION TO AMEND RESOLUTION 230-23 AND AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY PART[ INVESTMENTS, LLC NEEDED FOR THE HIGHWAY 71B CORRIDOR PROJECT WHEREAS, the City of Fayetteville and Parti Investments, LLC have been unable to agree upon a fair price for approximately 0.05 acres of general utility easement and temporary construction easement and 200 square feet of right- of-way needed to complete the Highway 71 B Corridor 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; and WHEREAS, the City received an appraisal on October 26 valuing the property being taken as more than the $10,878.75 that had been estimated and approved by Resolution 230-23. 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 amends Resolution 230-23 and authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the Highway 71B Corridor Project and owned by Parti Investments, LLC, that is needed for temporary construction easement, utility easement, and right-of-way for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $14,953.00. PASSED and APPROVED on November 7, 2023 Approved. Attest: `�O��EFK;// ri/i nel Jordan. y r Kara Paxton, City CI Treasurer ��J,.�• Page 1 RECEIPT KYLE SYLVESTER Washington County Circuit Clerk 280 N. College Ste 302 Fayetteville, 72701 Received From: Citv Of Favetteville ELECTRONICALLY FILED Washington County Circuit Court Kyle Sylvester, Circuit Clerk 2023-Nov-27 15:08:38 72CV-23-3445 C04D01 : 1 Page Receipt 0000320 Date: November 27, 2023 Fourteen Thousand Nine Hundred Fiftv Three Dollars And No Cents ******** Dollars Method of Payment Check Check # 3106 Bank Account # XXXX - 1387 Comment Citv of Favetteville V Parti Investments 23CV3445 Amount 14.953.00 Distribution CV 23-3445 CITY OF FAYETTEVILLE V PARTI INVESTMENTS, LLC $14,953.00 Signed: muvw mn� (Megan Wood) College Avenue Right of Way Dedication (Part of) Parcel No. 765-11833-000 Tract No. 17 VITI-11 N Z 1\ C BE IT KNOWN BY THESE PRESENTS: THAT Parti Investments 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 part of Lots Numbered 6, 7, 8 and 9, Block 1, Wahneetah Heights Addition to the City of Fayetteville, Arkansas, per plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder, Washington County, Arkansas, being more particularly described as follows: BEGINNING at the Northwest corner of said Lot 9; thence S 86°50'33" E along the North line of said Lot 9 a distance of 10.70 feet; thence leaving said North line S 04°42'22" W a distance of 200.07 feet to the South line of said Lot 6; thence N 86°50'33" W along said South line a distance of 5.29 feet to the Southwest corner of said Lot 6; thence leaving said South line N 03°09'27" E along the West line of said Wahneetah Heights Addition a distance of 200.00 feet to the POINT OF BEGINNING, containing 1,598 square feet or 0.04 acres, more or less, of which 1,399 square feet or 0.03 acres more or less is considered prescriptive right of way. 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. WITNESS the execution hereof on this day of 2024. PARTI INVESTMENTS, LLC, an Arkansas limited liability REVENUE STAMPS AFFIDAVIT company The foregoing deed has the correct amount of Revenue Stamps affixed to it or is exempt from such stamps. BY: Signed: City of Fayetteville 113 Mountain Fay PRINTED NAME AND TITLE Fayetteville, AR 72701 ACKNOWLEDGMENT STATE OF ) 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 , to me well known as the person who executed the foregoing document, and who stated and acknowledged that he/she is a Member of Part! Investments, LLC, an Arkansas limited liability company, and is duly authorized in his/her capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he/she 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 MY COMMISSION EXPIRES: 12024. Notary Public EAST OAKWoo STREE-T � R/W R/yy R/W _� R/W _ J a POB POB a a RW L1 UE/TCE � 3 PL— PLC PL PROPOSED PLC PL RIGHT OF WAY Od a 3 PRESCRIPTIVE — _ RIGHT OF WAY — — i� PLC PL- 0 O aJ J O np a Q wa PARCEL NO. 765-118JJ-000 n ::1 cV CV — PARL-77 1A4,,E-_(:;�WENTS LLC n RECORD DEED: 2021- 00048808 PL PL — O ;:: O� U) O Z a. N U I PROPOSED UTILITY AND TEMPORARY O W HNEETAH HEIGHTS LOT LINE (1926) L6 BOOK 5 PAGE 74 I 3 a I 4 J LINE ANGLE DISTANCE L1 S 86°50 33 E 10.70 L2 N 86°50'33" W 5.29' L3 S 86°50'33" E 10.00' L4 S 86°50'33" E 5.00' L5 S 04°42'22" WI 20.01' L6 N 86°50 33 W 15.01 O J a PIL —T� PLC PL O a \� COLLEGE AVENUE I RIGHT OF WAY (1974) CHANGE ORDER 14 TO JOB 9584 AREA CALCULATIONS SQ. FT. ACRES PROPOSED RIGHT OF WAY 1,598 0.04 PRESCRIPTIVE RIGHT OF WAY 1,399 0.03 PROPOSED UTILITY & T.C.E EASEMENT 2,101 0.05 LEGEND - PL PL EXISTING PROPERTY LINE R/W EXISTING RIGHT OF WAY LINE R/W PROPOSED RIGHT OF WAY LINE PROPOSED UTILITY EASEMENT AND T.C.E. a m PL C pL a PLC PL— a I BEARINGS - GRID ARKANSAS NORTH ZONE GRAPHIC SCALE THIS EXHIBI T 1S A SKETCH DESCRIPTI VE ONL Y OF 7HE SIZE, SHAPE ( IN FEET ) AND LOCA77ON OF THE PROPOSED EASEMENTS AND DOES NOT 1 inch = 50 ft. CONS 77TUTE A PLAT OR SURREY OF THE GRANTOR'S PROPERTY. 2049 EAST JOYCE BOULVARD CITY OF FAYETTEVILLE FAYETTEVILLE.ARKANSAS JOB NO. 20T21050 DATE JULY 22, 2024 SUITE400 FAYETTEVILLE,ARKANSAS 72704 479 527-9100 COLLEGE AVENUE IMPROVEMENTS IV "EXHIBIT A' TRACT Y`j NORTH STREET -SYCAMORE STREET r College Avenue Improvement Project Parcel No. 765-11833-000 Tract 17 GENERAL UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS THAT Parti Investments 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, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto the public utilities holding a franchise granted by said City of Fayetteville, a permanent easement 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: (Deed Ref. 2021-8808) Lots 6, 7, 8 and 9, Block 1, Wahneetah Heights Addition to the City of Fayetteville, Arkansas, per plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder, Washington County, Arkansas. Subject to easements, right-of-ways, and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases, if any. LESS AND EXCEPT: A part of Lots Numbered 6, 7, 8 and 9, Block 1, Wahneetah Heights Addition to the City of Fayetteville, Arkansas, per plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder, Washington County, Arkansas, being more particularly described as follows: BEGINNING at the Northwest corner of said Lot 9; thence S 86°50'33" E along the North line of said Lot 9 a distance of 1.00 feet; thence leaving said North line S 04°42'22" W a distance of 200.07 feet to the South line of said Lot 6; thence N 86°50'33" W along said South line a distance of 1.00 feet to the East right of way of North College Avenue; thence leaving said South line N 04°42'22" E along said East right of way a distance of 200.07 feet to the POINT OF BEGINNING, containing 200 square feet or 0.00 acres, more or less. PERMANENT EASEMENT DESCRIPTION: A part of Lots Numbered 6, 7, 8 and 9, Block 1, Wahneetah Heights Addition to the City of Fayetteville, Arkansas, per plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder, Washington County, Arkansas, being more particularly described as follows: COMMENCING at the Northwest corner of said Lot 9; thence S 86°50'33" E along the North line of said Lot 9 a distance of 10.70 feet to the POINT OF BEGINNING; thence S 86°50'33" E along said North line a distance of 10.00 feet; thence leaving said North line S 04°42'22" W a distance of 180.07 feet; thence S 86°50'33" E a distance of 5.00 feet; thence S 04°42'22" W a distance of 20.01 feet to the South line of said Lot 6; thence N 86°50'33" W along said South line a distance of 15.01 feet; thence N 04°42'22" E a distance of 200.07 feet to the POINT OF BEGINNING, containing 2,101 square feet or 0.05 acres, more or less. Togetherwith 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 and the public utilities holding a franchise granted by said City of Fayetteville, 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 and its associated franchisees, which hereby agree 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 bottom lands where they shall be at a height above water. 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. General Utility Easement Page 2 The Grantee and its associated franchisees shall have the right to construct additional pipe lines, 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. PARTI INVESTMENTS LLC, an Arkansas limited liability company BY: ease print or type Name and Title] ACKNOWLEDGMENT STATE OF 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 , to me well known as the person who executed the foregoing document, and who stated and acknowledged that he/she is a Manager of Parti Investments, LLC, an Arkansas limited liability company, and is duly authorized in his/her capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he/she 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 12024. MY COMMISSION EXPIRES: Notary Public EAST OAKWoo STREE-T � R/W R/yy R/W _� R/W _ J a POB POB a a RW L1 UE/TCE � 3 PL— PLC PL PROPOSED PLC PL RIGHT OF WAY Od a 3 PRESCRIPTIVE — _ RIGHT OF WAY — — i� PLC PL- 0 O aJ J O np a Q wa PARCEL NO. 765-118JJ-000 n ::1 cV CV — PARL-77 1A4,,E-_(:;�WENTS LLC n RECORD DEED: 2021- 00048808 PL PL — O ;:: O� U) O Z a. N U I PROPOSED UTILITY AND TEMPORARY O W HNEETAH HEIGHTS LOT LINE (1926) L6 BOOK 5 PAGE 74 I 3 a I 4 J LINE ANGLE DISTANCE L1 S 86°50 33 E 10.70 L2 N 86°50'33" W 5.29' L3 S 86°50'33" E 10.00' L4 S 86°50'33" E 5.00' L5 S 04°42'22" WI 20.01' L6 N 86°50 33 W 15.01 O J a PIL —T� PLC PL O a \� COLLEGE AVENUE I RIGHT OF WAY (1974) CHANGE ORDER 14 TO JOB 9584 AREA CALCULATIONS SQ. FT. ACRES PROPOSED RIGHT OF WAY 1,598 0.04 PRESCRIPTIVE RIGHT OF WAY 1,399 0.03 PROPOSED UTILITY & T.C.E EASEMENT 2,101 0.05 LEGEND - PL PL EXISTING PROPERTY LINE R/W EXISTING RIGHT OF WAY LINE R/W PROPOSED RIGHT OF WAY LINE PROPOSED UTILITY EASEMENT AND T.C.E. a m PL C pL a PLC PL— a I BEARINGS - GRID ARKANSAS NORTH ZONE GRAPHIC SCALE THIS EXHIBI T 1S A SKETCH DESCRIPTI VE ONL Y OF 7HE SIZE, SHAPE ( IN FEET ) AND LOCA77ON OF THE PROPOSED EASEMENTS AND DOES NOT 1 inch = 50 ft. CONS 77TUTE A PLAT OR SURREY OF THE GRANTOR'S PROPERTY. 2049 EAST JOYCE BOULVARD CITY OF FAYETTEVILLE FAYETTEVILLE.ARKANSAS JOB NO. 20T21050 DATE JULY 22, 2024 SUITE400 FAYETTEVILLE,ARKANSAS 72704 479 527-9100 COLLEGE AVENUE IMPROVEMENTS IV "EXHIBIT A' TRACT Y`j NORTH STREET -SYCAMORE STREET r College Avenue Improvement Project Parcel No. 765-11833-000 Tract 17 TEMPORARY CONSTRUCTION AND GRADING EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Parti Investments 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 temporary construction and grading easement on, over, and through the following described land situated in the County of Washington, State of Arkansas, for the sole purposes necessary for construction of improvements to College Avenue, to -wit: PROPERTY DESCRIPTION: (Deed Ref: 2021-8808) Lots 6, 7, 8 and 9, Block 1, Wahneetah Heights Addition to the City of Fayetteville, Arkansas, per plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder, Washington County, Arkansas. Subject to easements, right-of-ways, and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases, if any. LESS AND EXCEPT: A part of Lots Numbered 6, 7, 8 and 9, Block 1, Wahneetah Heights Addition to the City of Fayetteville, Arkansas, per plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder, Washington County, Arkansas, being more particularly described as follows: BEGINNING at the Northwest corner of said Lot 9; thence S 86°50'33" E along the North line of said Lot 9 a distance of 1.00 feet; thence leaving said North line S 04°42'22" W a distance of 200.07 feet to the South line of said Lot 6; thence N 86°50'33" W along said South line a distance of 1.00 feet to the East right of way of North College Avenue; thence leaving said South line N 04°42'22" E along said East right of way a distance of 200.07 feet to the POINT OF BEGINNING, containing 200 square feet or 0.00 acres, more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A part of Lots Numbered 6, 7, 8 and 9, Block 1, Wahneetah Heights Addition to the City of Fayetteville, Arkansas, per plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder, Washington County, Arkansas, being more particularly described as follows: COMMENCING at the Northwest corner of said Lot 9; thence S 86°50'33" E along the North line of said Lot 9 a distance of 10.70 feet to the POINT OF BEGINNING; thence S 86°50'33" E along said North line a distance of 10.00 feet; thence leaving said North line S 04°42'22" W a distance of 180.07 feet; thence S 86°50'33" E a distance of 5.00 feet; thence S 04°42'22" W a distance of 20.01 feet to the South line of said Lot 6; thence N 86°50'33" W along said South line a distance of 15.01 feet; thence N 04°42'22" E a distance of 200.07 feet to the POINT OF BEGINNING, containing 2,101 square feet or 0.05 acres, more or less. Togetherwith the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas. It is expressly understood that the above temporary construction and grading easement shall exclude any permanent structure(s) which may be located or under construction within said temporary construction easement area during the construction of this project. TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. TCE Page 2 WITNESS the execution hereof on this day of 2024. STATE OF COUNTY OF PARTI INVESTMENTS LLC, an Arkansas limited liability company 17-0 [Please print or type Name and Title] ACKNOWLEDGMENT ss. 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 , to me well known as the person who executed the foregoing document, and who stated and acknowledged that he/she is a Manager of Parti Investments, LLC, an Arkansas limited liability company, and is duly authorized in his/her capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he/she 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 12024. MY COMMISSION EXPIRES: Notary Public EAST OAKWoo STREE-T � R/W R/yy R/W _� R/W _ J a POB POB a a RW L1 UE/TCE � 3 PL— PLC PL PROPOSED PLC PL RIGHT OF WAY Od a 3 PRESCRIPTIVE — _ RIGHT OF WAY — — i� PLC PL- 0 O aJ J O np a Q wa PARCEL NO. 765-118JJ-000 n ::1 cV CV — PARL-77 1A4,,E-_(:;�WENTS LLC n RECORD DEED: 2021- 00048808 PL PL — O ;:: O� U) O Z a. N U I PROPOSED UTILITY AND TEMPORARY O W HNEETAH HEIGHTS LOT LINE (1926) L6 BOOK 5 PAGE 74 I 3 a I 4 J LINE ANGLE DISTANCE L1 S 86°50 33 E 10.70 L2 N 86°50'33" W 5.29' L3 S 86°50'33" E 10.00' L4 S 86°50'33" E 5.00' L5 S 04°42'22" WI 20.01' L6 N 86°50 33 W 15.01 O J a PIL —T� PLC PL O a \� COLLEGE AVENUE I RIGHT OF WAY (1974) CHANGE ORDER 14 TO JOB 9584 AREA CALCULATIONS SQ. FT. ACRES PROPOSED RIGHT OF WAY 1,598 0.04 PRESCRIPTIVE RIGHT OF WAY 1,399 0.03 PROPOSED UTILITY & T.C.E EASEMENT 2,101 0.05 LEGEND - PL PL EXISTING PROPERTY LINE R/W EXISTING RIGHT OF WAY LINE R/W PROPOSED RIGHT OF WAY LINE PROPOSED UTILITY EASEMENT AND T.C.E. a m PL C pL a PLC PL— a I BEARINGS - GRID ARKANSAS NORTH ZONE GRAPHIC SCALE THIS EXHIBI T 1S A SKETCH DESCRIPTI VE ONL Y OF 7HE SIZE, SHAPE ( IN FEET ) AND LOCA77ON OF THE PROPOSED EASEMENTS AND DOES NOT 1 inch = 50 ft. CONS 77TUTE A PLAT OR SURREY OF THE GRANTOR'S PROPERTY. 2049 EAST JOYCE BOULVARD CITY OF FAYETTEVILLE FAYETTEVILLE.ARKANSAS JOB NO. 20T21050 DATE JULY 22, 2024 SUITE400 FAYETTEVILLE,ARKANSAS 72704 479 527-9100 COLLEGE AVENUE IMPROVEMENTS IV "EXHIBIT A' TRACT Y`j NORTH STREET -SYCAMORE STREET r