No preview available
HomeMy WebLinkAbout79-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 79-25 File Number: 2025-302 I-49 AND MLK EASEMENT CONDEMNATIONS (UTILITY RELOCATIONS): A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY INDIVIDUALS NEEDED FOR THE I-49/MLK UTILITY RELOCATIONS PROJECT WHEREAS, the City of Fayetteville has been unable to negotiate the acquisition of easements on 24 properties needed to complete the I-49/MLK Utility Relocations Project; and WHEREAS, the City of Fayetteville needs to gain possession of these needed properties 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 I-49/MLK Utility Relocations Project and owned by Manav Investor of N.W. Arkansas, Inc., that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $3,600.00. Section 2: 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 I-49/MLK Utility Relocations Project and owned by Lowe's Home Center Inc., that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $117,700.00. Section 3: 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 I-49/MLK Utility Relocations Project and owned by the Mathias Shopping Centers, Inc., that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $54,300.00. Section 4: 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 I-49/MLK Utility Relocations Project and owned by Metropolitan Bank, that is needed for a water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $1,400.00. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to Page 1 Resolution: 79-25 File Number: 2025-302 seek court -ordered possession of property located on or near the I-49/MLK Utility Relocations Project and owned by the Superior Bank, that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $105,600.00. Section 6: 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 I-49/MLK Utility Relocations Project and owned by Liberty Bank of Arkansas, that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $104,416.08. Section 7: 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 I-49/MLK Utility Relocations Project and owned by Cooper Realty Investments, Inc., Burger Investments, LLC and IWS Shelby, LLC, that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $47,400.00. Section 8: 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 I-49/MLK Utility Relocations Project and owned by Wal-Mart Real Estate Business Trust, that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $254,000.00. Section 9: 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 1-49/MLK Utility Relocations Project and owned by Inreit Fayetteville, LLC., that is needed for a water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $43,000.00. Section 10: 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 1-49/MLK Utility Relocations Project and owned by Vasiliki Investments, LLC., that is needed for a water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $3,400.00. Section 11: 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 1-49/MLK Utility Relocations Project and owned by Gregory S. Long and Lesa Long, that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $3,700.00. Section 12: 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 I-49/MLK Utility Relocations Project and owned by Hultquist Investments, LLC, that is needed for a water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $10,100.00. Section 13: 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 1-49/MLK Utility Relocations Project and owned by Bird Cold Storage Company, that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $15,700.00. Section 14: 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 1-49/MLK Utility Relocations Project and owned by RPC Land Holdings, LLC, that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of Page 2 Resolution: 79-25 File Number: 2025-302 $39,600.00. Section 15: 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 I-49/1\4LK Utility Relocations Project and owned by Halbert Properties, LLC, that is needed for a water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $9,000.00. Section 16: 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 I-49/MLK Utility Relocations Project and owned by University Square, LLC, that is needed for a water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $21,000.00. Section 17: 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 I-49/MLK Utility Relocations Project and owned by Western Park, LLC, that is needed for a water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $4,000.00. Section 18: 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 I-49/MLK Utility Relocations Project and owned by LLEJ Shiloh, LLC, that is needed for a water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $2,000.00. Section 19: 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 I-49/MLK Utility Relocations Project and owned by Tract 2 Holdings, LLC, that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $47,000.00. PASSED and APPROVED on March 18, 2025 Approved * �0� Attest! �\'iRKI TqF .�W, 9- U•FAYETTEVILLE A'- ��'y:A'G oN co�`�`• Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer Page 3 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 18, 2025 CITY COUNCIL MEMO TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff FROM: Tim Nyander, Utilities Director SUBJECT: 1-49 AND MLK EASEMENT CONDEMNATIONS (UTILITY RELOCATIONS): RECOMMENDATION: 2025-302 Staff recommends City Council approval of a Resolution authorizing the City Attorney to seek condemnation and orders of possession for the remaining easements necessary for the 1-49/MLK Utility Relocations Project. BACKGROUND: ARDOT has requested utility relocations to prepare for the widening of Martin Luther King, Jr. Blvd. (Highway- 62) from S. Leflar Way to S. Sang Ave. including reconstruction of the interstate overpass and creation of a new overpass at 15th Street. The relocation agreement between the City and ARDOT consists of the following milestones: 9/5/2023 Original Utility Relocation Agreement (Res. 190-23) 1 /2/2024 Change Order #1 &2 for 15th Street Bid Award (Res. 9-24) 5/7/2024 Change Order #3 for MILK Final Design (Res. 129-24) 12/4/2024 Change Order #4 for MILK Bidding (Res. 294-24) Change Order #4 established the reimbursement percentage for the project at 72.54%. Final costs will be finalized once all project expenses are complete and reconciled. The remaining utility relocation work was publicly bid on February 25th and a construction contract is forthcoming at a future council meeting. DISCUSSION: In order to meet the City's obligations for start/finish construction dates all easements for this project must be acquired or court ordered possessory rights obtained by May 2025 so that the City's contractor can begin work. This corridor consists of 34 necessary easements. To -date 10 of these easements have been fully acquired and recorded. In order to give the City Attorney's office adequate time to make these filings, approval by the City Council at the March 18th meeting is necessary. Even if a condemnation must be filed on a particular property, we prefer reaching fair settlements with every landowner and the city will continue negotiating with property owners to obtain easements without having to go to trial. BUDGET/STAFF IMPACT: The payment for land acquisition will be made from the Water & Sewer Relocations project. The agenda item staff review form indicates $886,916.08 the cost of this request. It should be noted that this is an estimate, Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 based on the appraised value of the properties, and that the final cost is subject to negotiation with the property owners or court order. The appraised value will be deposited into the Registry of the Circuit Court as just compensation when the condemnation complaint is filed for the property so the city will be able take immediate possession of the easements. ATTACHMENTS: Updated SRF (#3) , Updated MILK Easement Tracts for Condemnation (4), Intial SRF (#5), Initial MILK Easement Tracts for Condemnation (#6) 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 #: 2025-302 I-49 AND MLK EASEMENT CONDEMNATIONS (UTILITY RELOCATIONS): A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY INDIVIDUALS NEEDED FOR THE I-49/MLK UTILITY RELOCATIONS PROJECT WHEREAS, the City of Fayetteville has been unable to negotiate the acquisition of easements on 24 properties needed to complete the I-49/MLK Utility Relocations Project; and WHEREAS, the City of Fayetteville needs to gain possession of these needed properties 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 I-49/MLK Utility Relocations Project and owned by Manav Investor of N.W. Arkansas, Inc., that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $3,600.00. Section 2: 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 I-49/MLK Utility Relocations Project and owned by Lowe's Home Center Inc., that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $117,700.00. Section 3: 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 I-49/MLK Utility Relocations Project and owned by the Mathias Shopping Centers, Inc., that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $54,300.00. Section 4: 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 I-49/MLK Utility Relocations Project and owned by Metropolitan Bank, that is needed for a water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $1,400.00. Page 1 Resolution: 79-25 File Number: 2025-302 Section 5: 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 I-49/MLK Utility Relocations Project and owned by the Superior Bank, that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $105,600.00. Section 6: 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 I- 49/MLK Utility Relocations Project and owned by Liberty Bank of Arkansas, that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $104,416.08. Section 7: 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 I- 49/MLK Utility Relocations Project and owned by Cooper Realty Investments, Inc., Burger Investments, LLC and IWS Shelby, LLC, that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $47,400.00. Section 8: 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 I- 49/MLK Utility Relocations Project and owned by Wal-Mart Real Estate Business Trust, that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $254,000.00. Section 9: 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 I- 49/MLK Utility Relocations Project and owned by Inreit Fayetteville, LLC., that is needed for a water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $43,000.00. Section 10: 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 I- 49/MLK Utility Relocations Project and owned by Vasiliki Investments, LLC., that is needed for a water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $3,400.00. Section 11: 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 I- 49/MLK Utility Relocations Project and owned by Gregory S. Long and Lesa Long, that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $3,700.00. Section 12: 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 I - Page 2 Resolution: 79-25 File Number: 2025-302 49/MLK Utility Relocations Project and owned by Hultquist Investments, LLC, that is needed for a water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $10,100.00. Section 13: 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 I- 49/MLK Utility Relocations Project and owned by Bird Cold Storage Company, that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $15,700.00. Section 14: 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 I- 49/MLK Utility Relocations Project and owned by RPC Land Holdings, LLC, that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $39,600.00. Section 15: 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 I- 49/MLK Utility Relocations Project and owned by Halbert Properties, LLC, that is needed for a water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $9,000.00. Section 16: 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 I- 49/MLK Utility Relocations Project and owned by University Square, LLC, that is needed for a water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $21,000.00. Section 17: 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 I- 49/MLK Utility Relocations Project and owned by Western Park, LLC, that is needed for a water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $4,000.00. Section 18: 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 I- 49/MLK Utility Relocations Project and owned by LLEJ Shiloh, LLC, that is needed for a water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $2,000.00. Section 19: 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 I- 49/MLK Utility Relocations Project and owned by Tract 2 Holdings, LLC, that is needed for a water/sewer easement and temporary construction and grading easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $47,000.00. Page 3 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2025-302 Item ID 3/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/27/2025 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends City Council approval of a Resolution authorizing the City Attorney to seek condemnation and orders of possession for the remaining easements necessary for the 1-49/MLK Utility Relocations Project. Budget Impact: 5400.720.5600-5810.00 Water & Sewer Account Number Fund Water & Sewer Relocations - 1-49 & MLK 11011.2301 Interchange 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: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 9,781,598.00 $ 8,814,071.29 967,526,71 $ 886,916.08 e. 80,610.63 Previous Ordinance or Resolution # Approval Date: V20221130 Received From: Shea Fankhouser 03/07 8:37 AM Tract No. Owner Appraised Value of PUE* Appraised Value of TCE** Damages Total Value of Easements Unnumbered Manav Investor of N.W. Arkansas, Inc. $2,000.00 $1,600.00 $3,600.00 10 Lowe's Home Center Inc. $90,000.00 $26,000.00 $1,700.00 $117,700.00 12 Mathias Shopping Centers, Inc. $48,000.00 $5,800.00 $500.00 $54,300.00 13 Metropolitan Bank $1,400.00 $1,400.00 14 Superior Bank $101,000.00 $1,800.00 $2,800.00 $105,600.00 15 Liberty Bank of Arkansas $94,366.08 $7,550.00 $2,500.00 $104,416.08 16 Cooper Realty Investments, Inc.; Burger Investments, LLC; and IWS Shelby, LLC $38,000.00 $9,400.00 $47,400.00 17 Wal-Mart Real Estate Business Trust $226,000.00 $28,000.00 $254,000.00 19 Inreit Fayetteville, LLC $25,000.00 $18,000.00 $43,000.00 20 Vasiliki Investments, LLC $3,000.00 $400.00 $3,400.00 24 GregoryS. Long $1,000.00 $2,700.00 $3,700.00 25 Hultquist Investments, LLC $9,000.00 $1,100.00 $10,100.00 26 Bird Cold Storage Company $12,000.00 $3,200.00 $500.00 $15,700.00 28 RPC Land Holdings, LLC $31,000.00 $8,600.00 $39,600.00 32 Halbert Properties, LLC $7,000.00 $2,000.00 $9,000.00 35 University Square, LLC $21,000.00 $21,000.00 36 Western Park, LLC $4,000.00 $4,000.00 39 LLEJ Shiloh, LLC $2,000.00 $2,000.00 45 ITract 2 Holdings, LLC $40,000.00 $7,000.00 $47,000.00 $755,766.08 $101,650.00 $29,500.00 $886,916.08 *PUE = Permanent Utility Easement **TCE = Temporary Construction Easement Parcel No. 765-14676-000 Manav Investor of N.W. Arkansas, Inc. r CITY OF FAYETTEVILLE ARKANSAS December 3, 2024 Mr. Raj Gandhi Manav Investor of N.W. Arkansas, Inc. 1219 S Thompson Street Springdale, AR 72764 RE: Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14676-000 MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Gandhi: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $2,000.00 for the rights associated with the permanent easement (2,030 square feet) and $1,600.00 for the rights associated with the temporary construction and grading easement (1,344 square feet), for a total of $3,600.00. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteviIIe-ar.gov A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sincerely, 140410il- Tirn Nyander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of 0.28 acres of commercial land serving as an entrance and signage parcel to the greater Super 8 hotel use including the larger parcel to the south under the same ownership. The city is relocating water and sewer easements along this corridor-. See mapping for specific locations. 12/2/2024 :PHYSICAL 1 Effective Date CHARACTERISTICS Manav Investor of NW AR 765-14676-000 Fayetteville tv AR 31,296 Before the Acquisition 12,197 SgFt - Land Proposed Water and Sewer Easement 2.030 SgFt - Land (Acquisition -Area) After the Acquisition 10.167 SgFt - Land (Remainder) Remaining Rights In the Acquisition Area 2,030 SgFt - Land (Residual) Temporary Construction Easements 1.344 SgFt - Land C-2; Thoroughfare Commercial • $ 130,000 Land Value Before the Acquisition 128.000 43 Land V311 $ 2,000 Market Value of the Acquisition $ 0,11.600 TCE $ - Damages Due to floodway and floodplain, the acquisition area is effectively unbuildable and only useful as driveways, green space or signage. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner- and the city. The continued use of the hotel and driveway improvements do not appear- to be permanently damaged by the new easements. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non- permanent. It expressly restricts building wireless communication facilities. Zach J Holland, AR CG 291 1 Project 2022129 Parcel No. 765-14676-000 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Manav Investor of N.W. Arkansas, Inc., an Arkansas corporation, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2012-00002030) Part of a tract of land recorded in Liber 1406, page 906, located in the SE 1/4 of the NE 1/4 and a part of a tract of land recorded at Liber 1311, page 229, located in the NE 1/4 of the NE 1/4, all in Section 19, T-16-N, R-30-W, Washington County, Arkansas, described as: Commencing at the NE corner of said SE 1/4 of the NE 1/4; thence N 89°32'00" W, 476.40 feet along the North line of said SE 1/4 of the NE 1/4 to an existing iron pin at the NE corner of the aforementioned tract of land recorded at Liber 1406, page 906, for the point of beginning, said point being also the NW corner of a tract of land recorded at Liber 1153, page 585; thence S 00°50'37" W, 238.30 feet, along the common line of the above mentioned tracts to a found iron pin; thence N 89032'00" W, 282.00 feet to a chiseled "X" on the East line of a private street; thence N 00°50'37" E, 115.00 feet along said East line of the private street to a found iron pin; thence N 32°22'28" E, 145.24 feet to an existing bole set in concrete on the North line of said SE 1/4 of the NE 1/4, being also the SW corner of the aforementioned tract of land recorded at Liber 1311, page 229, thence N 01 023'53" E, 94.81 feet along the west line of said tract to a found iron pin, thence N 89'53'4" E, 150.42 feet to a found iron pin; thence S 00'06'11" E, 96 30 feet along the east line of said tract to an existing chiseled "X" at the SE corner thereof; thence S 89032'00" E, 53.14 feet to the point of beginning, containing 1.77 acres, more or less, being subject to any and all easements and rights -of -way of record. The above -described property now being more accurately described on a plat of survey dated December 14, 2011, designated as job number 11218, by Survey 1, Inc., Gene Buescher, PLS #1181, as follows: A part of the SE 1/4 of the NE 1/4 and a part of the NE 1/4 of the NE 1/4, Section 19, T-16-N, R-30-W, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE corner of the said SE 1/4 of the NE 1/4, thence N 87°31'45" W, 476.40 feet to a set iron pin and the point of beginning; thence S 02°50'52" W, 238.30 feet; thence N 87°27'47" W, 281.83 feet to a chiseled "X" on the East line of a private concrete street; thence N 02" 49'37" E, 114.53 feet to a found iron pin; thence N 34°15'53" E, 145.25 feet to a found iron pin; thence N 03°28'05" E, 94.79 feet to a found iron pin, thence S 88°05'51" E, 150.42 feet to a found iron pin, thence S 01°54'02" W, 96.28 feet to a chiseled "X" in the concrete; thence S 87°31'05" E, 53.13 feet to the point of beginning, containing 1.77 acres, more or less, and subject to any and all easements of record or fact. Together with and Subject to the rights granted in an Access Agreement, by and between Payless Shoesource, Inc., Supertel Hospitality, Inc., Retail Buildings, Inc., and Robert B. Westphal and Betty J. Westphal, filed for record March 21, 1995 in land document #95-13732 and in land document #95- 13741, and also filed for record March 29, 1995 in land document #95-15184. Together with and subject to the rights granted in a Reciprocal Access Easement Agreement, by and between Supertel Hospitality, Inc., and Payless Shoesource, Inc , dated March 16, 1995 and filed for record March 21, 1995 in land document #95-13750 PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southeast corner of said Northeast Quarter of the Northeast Quarter, thence along the South line of said Quarter -Quarter N86°55'08"W 525.37', thence N01°59'12"E 73.65' to the Point of Beginning. thence N54°40'50"W 18 23''. thence N89005'36"W 115.74' to the East line of an existing 20' City of Fayetteville water and sewer easement (filed for record as Document #2022-00018409); thence along said East easement line NO3°27'56"E 16 08', thence S88°05'19"E 130.54'; thence S01059'12"W 24.09' to the Point of Beginning, containing 2,030 square feet or 0.05 acres more or less. Water/Sewer Easement Page 2 TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A 10.00' wide easement lying parallel and adjacent to the South line of the above -described permanent easement, containing 1,344 square feet or 0.03 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 12024. MANAV INVESTOR OF N.W. ARKANSAS, INC. BY: Raj Gandhi, President Water/Sewer Easement Page 3 ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON 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 Raj Gandhi to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the President of Manav Investor of NW Arkansas Incorporated, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2024. MY COMMISSION EXPIRES. Notary Public 3 w a SAS HIGHWAYR B��/p) ARKAL�.�-IER KING � 40 20 0 40 (MARTIN SCALE IN FEET RIW I I � i \ I WA TER AND SANITARY I ISEWER EASEMENT o.................... 20' T 10' TEMPORARY 20' CI T )' OF FA YETTEVILLE CONSTRUCTION EASEMENT I WATER & SEWER EASEMENT DOC. �j2022-00018409 765-14676-000 - - - - - MANAV INVESTOR OF NW ARKANSA S INC. - - - - _ _ _ _ _ _ W MARTIN LUTHER KING BL VD _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Q _ _ _ _ _ _ _ _ _ - - - - _ _ - - - - - - - - - - - - - - - _ - .� - - - - - - - - - - - - - - - - ` ` _ 10' CITY OF FA YETTEVILLE WA TER & SEWER EASEMENT BK. 766 PG. 370 ` HAWKINStWEIR EXHIBIT "A" ENGI N E E R S, i N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE MANAV INVESTOR OF NW ARKANSA S INC. Van Buren Fort Smith Fayetteville Little Rock (479) 474-1227 (479) 242�665 I (479) 455-2206 I (S)1) 374�846 FOR: CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.com I DATE.' SCALE: 1'=40' 1 JOB NO. 2022129 Tract No. 10 Lowe's Home Center, Inc. FAY ETTEVILLE ARKANSAS December 13, 2024 Mr. Mark Nuckolls Lowe's Home Center Inc. P.O. Box 1000- Mail Code ZETA Mooresville, NC 28115 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No 765-22966-000 3231 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Nuckolls: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area, Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $90,000.00 for the rights associated with the permanent easement (15,164 square feet), $26,000.00 for the rights associated with the temporary construction and grading easement (9,106 square feet), and $1,700.00 for damages, for a total of $117,700.00. Damages include the loss of professionally landscaped tree and bushes. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sine ly, 4Ti yander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 135,268 SgFt big box store on 13.30 acres of commercial land. The city is relocating water and sewer easements along this corridor. See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. Before the Acquisition Proposed Water and Sewer Easement 15,164 SgFt - Land (Acquisition Areal After the Acquisition 551.116 SgFt - Land (Remainder) r Remaining Rights In the Acquisition r 15,164 SgFt - Land (Residual) Temporary Construction Easements 9.106 SgFt - Land D; Commercial Planned Zoning , CONCLUSIONS $ 13,170,000 Land Value Before the Acquisition 8Q000 L.iii 90,000 Market Value of the Acquisition OMW26,000 TCE $ 1,700 Damages After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner- and the city. The continued use of the building does not appear- to be affected by the permanent easement, and the client assures us that owners and custorners will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non- permanent. It expressly restricts building wireless communication facilities. Damages: Damages include the loss of professionally landscaped trees and bushes. APPRAISERS: Zach J Holland, AR CG 291 1 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No. 765-22966-000 Tract No. 10 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Lowe's Home Center Inc., a North Carolina Corporation, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2003-42899) LOT 1: Part of the Northwest and the Southwest Quarters of Section 19, Township 16 North, Range 30 West of the 5th P.M., City of Fayetteville, Washington County, Arkansas, described as follows: Commencing at the Southeast corner of said Northwest Quarter, thence North 88°08'58" West 42 94 feet along the South line of said Northwest Quarter to its intersection with the West right of way line of Finger Road; thence North 1 °49'53" East, 169.01 feet along said West right of way; thence North 88'57'24" West, 163 24 feet; thence South 68°53'07" West, 173.40 feet. thence North 88°05'33" West, 265.19 feet to the point of beginning; thence South 1 '51 '27" West 338.10 feet; thence South 90000'00" West 802.44 feet, thence North 1 °02'35" East 656 56 feet to a point on the South right of way of US Highway 62; thence North 74035'55" East 790.68 feet along said South right of way, thence South 1 °02'36" West 527.72 feet; thence North 88057'31" East, 48.78 feet to the point of beginning. Contains 13.619 acres of land, more or less PERMANENT EASEMENT DESCRIPTION: Part of Lot 1, Cobb & Westphal Concurrent Plat, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said Lot 1; thence along the West line of said Lot S02013'26"W 35.52' to the Southern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846) and the Point of Beginning; thence continuing along said Southern right-of-way the following two courses: N76°05'05"E 12.57'; thence N48°36'37"E 30.79' to the Southern line of an existing utility easement (filed for record as Document #2002-00104765), thence along said Southern easement line N75°53'32"E 42.90' to the West line of an existing 20' utility easement (filed for record as Document #023A-00000058); thence along said West easement line S02021'55"W 15.64'; thence S75053'32"W 12.84'; thence S48°41'43"W 52.77'; thence S75058'29"W 25.95% thence NO2°13'26"E 26.06' to the Point of Beginning, containing 1,946 square feet or 0.05 acres more or less. ALSO Part of Lot 1, Cobb & Westphal Concurrent Plat, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of said Lot 1; thence along the East line of said Lot S02020'26"W 103.95' to the Point of Beginning; thence continuing along said East line S02°20'26"W 25.00% thence N87°44'39"W 314.74'; thence S75053'32"W 366.27' to the East line of an existing 20' utility easement (filed for record as Document #023A-00000058); thence along said East easement line N02021'55"E 15.64' to the Southern line of an existing utility easement (filed for record as Document #2002-00104765); thence along said Southern easement line N75053'32"E 399.60'; thence S87°44'14"E 282.76' to the Point of Beginning, containing 13,218 square feet or 0.30 acres more or less. Containing a net total of 15,164 square feet or 0.35 acres more or less. Water/Sewer Easement Page 2 TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: Part of Lot 1, Cobb & Westphal Concurrent Plat, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of said Lot 1; thence along the East line of said Lot S02°20'26"W 128.95' to the Point of Beginning; thence continuing along said East line S02°20'26"W 10.00'; thence N87044'39"W 313.29'; thence S75°53'32"W 252.96'; thence S13023'37"E 25.87'; thence S76020'41"W 53.77'; thence N13°23'37"W 25.44% thence S75053'32"W 61.06' to the East line of an existing 20' utility easement (filed for record as Document #023A-00000058); thence along said East easement line NO2°21'55"E 10.43'; thence N75053'32"E 366.27'; thence S87°44'39"E 314.74' to the Point of Beginning, containing 8,190 square feet or 0.19 acres more or less. ALSO A 10.00' wide easement over part of Lot 1, Cobb & Westphal Concurrent Plat, City of Fayetteville, Washington County, Arkansas, the centerline of which being more particularly described as follows: Commencing at the Northwest corner of said Lot 1; thence along the West line of said Lot S02°13'26"W 66.79' to the Point of Beginning; thence N75°58'29"E 28.62'; thence N48041'43"E 52.78'; thence N75°53'32"E 10.15' to the West line of an existing 20' utility easement (filed for record as Document #023A-00000058) and the Point of Termination, containing 916 square feet or 0.02 acres more or less. Containing a net total of 9,106 square feet or 0.21 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. Water/Sewer Easement Page 3 WITNESS the execution hereof on this day of _ 2024. ATTEST: [Please print or type Name and Title] STATE OF COUNTY OF LOWE'S HOME CENTER INC., A North Carolina corporation BY: [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 and , to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the and , respectively, of Lowe's Home Center Inc. a North Carolina corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth WITNESS my hand and seal on this day of , 2024 MY COMMISSION EXPIRES: Notary Public 100 50 0 100 SCALE IN FEET 11, WA TER AND SANITARY SEWER EASEMENT 765-22966-000 LOWE'S HOME CENTERS INC #432 3231 W MARTIN LUTHER KING BLVD TEMPORARY / , CONSTRUCTION EASEMENT 20' UTILITY EASEMENT DOC. 402JA-00000058, \ \ TEMPORARY °° CONSTRUCTION EASEMENT WA TER AND SANI TAR Y U / SEWER EASEMENT Q J Y EXHIBIT "A HAWICINSoWEIR " Y ENGI N E E R S, I N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE n TRACT 10 — LOWE'S HOME CENTER INCORPORATED #432 Van Buren I Fort Smith Fayetteville Little Rods (479) 474-1227 (479) 2424685 I (479) 455-2206 I (501) 374�4846 FOR. • CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.com DA TE.• 08 16 2024 SCALE.- 1"=100' JOB NO. 2022129 Tract No. 12 Mathias Shopping Centers, Inc. CITY OF FAYETTEVILLE ARKANSAS November 22. 2024 Mr. Arthur Thurman Mathias Shopping Centers, Inc. PO Box 6485 Springdale, AR 72766 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14764-000 3052 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Thurman: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $48,000.00 for the rights associated with the permanent easement (7,850 square feet), $5,800.00 for the rights associated with the temporary construction and grading easement (1,923 square feet), and $500.00 for damages, for a total of $54,300.00. Damages include the loss of one professionally landscaped tree. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Fm#yv , nde UtilitiesDirector TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of 23,140 SgFt in three detached buildings on 3.32 acres of commercial land. The three buildings consist of a +/-7,920 SgFt service garage, a +/-1 1,220 SgFt professional office, and a +/-4,000 SgFt retail building. The city is relocating water and sewer easements along this corridor. 1 1 /8/2024 Mathias Shopping Centers, Inc. 765-14764-000 Fayetteville AR 23,140 Before the Acquisition 144,619 SgFt - Land Proposed Water and Sewer Easement 7,850 SgFt - Land (Acquisition Area) F After the Acquisition 136.769 SgFt - Land (Ramalnder) Remaining Rights In the Acquisition Ar 7,850 SgFt - Land (Residual) Temporary Construction Easements 1.923 SgFt - Land C-2: Thoroughfare commercial $ 3,524.000 Value Before the Acquisition 3.476.000 Value After the Acquisition $ 48,000 Market Value of the Acquisition 5,800 TCE $ 500 Damages See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non- permanent. It expressly restricts building wireless communication facilities. Damages: Damages include the loss of one professionally landscaped tree. Zach J Holland, AR CG 291 1 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No. 765-14764-000 Tract No 12 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Mathias Shopping Centers, Inc., an Arkansas corporation, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2013-00039657) A part of the SE 1/4 of the NW 1/4 of Section 19, Township 16 North, Range 30 West, Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE corner of said 40 acre tract, said point being an existing railroad spike, thence S 02°16'39" W 142.01 feet (deed= South 142.50 feet) along the East line of said 40 acre tract, thence N 87°01'19" W 221.51 feet (deed= West 219.70 feet) to an existing iron rebar for the true point of beginning, thence N 88°06'54" W 386.34 feet (deed= S 89°12'56" W 287.80 feet) along the South line of Stapleton's Subdivision to the City of Fayetteville, Arkansas, to a set 112" iron rebar thence S 02'1656" W 428.47 feet (deed= S 00°47'04" E 424.79 feet) to an existing iron rebar on the North right- of-way line of U.S. Highway #62 (West Sixth Street); thence N 76'09'08" E 402.30 feet (deed= N 73°37'48" E 390.78 feet) along said right-of-way line to an existing iron rebar, thence leaving said right-of-way line, N 02°15'30'' E 319.38 feet (deed=N 01°15'20" E 320 feet) to the point of beginning, containing 3.32 acres, more or less. Subject to recorded instruments, covenants, rights of way, and easements, if any. Subject to all prior mineral reservations and oil and gas leases, if any. PERMANENT EASEMENT DESCRIPTION: Part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter, thence along the East line of said Quarter -Quarter S02126'01"W 235.80', thence N87033'59"W 231.50' to the Point of Beginning, thence S02020'28"W 159.83', thence N08028'39"W 168.87' to the Southeast line of an existing utility and access easement (filed for record as Document #2016-00017161); thence along said Southeast easement line N68032'02"E 30.79'; thence S08°28'39"E 18.80' to the Point of Beginning, containing 2,815 square feet or 0.06 acres more or less. ALSO Part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter; thence along the East line of said Quarter -Quarter S02126'01"W 440.18'. thence N87133'59"W 231.17' to the Northern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846); thence N021120'28"E 244.74' to the North line of an existing utility and access easement (filed for record as Document #2016-00017161) and the Point of Beginning; thence along said North easement line S68132'02"W �6.67', thence N40013'37"E 16.31', thence N07046'00"W 21.35', thence N39°10'44"E 44.17'; thence N76011'07"E 19.76'; thence S02°20'28"W 51.94' to the Point of Beginning, containing 2,120 square feet or 0.05 acres more or less. ALSO Part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Water/Sewer Easement Page 2 Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter; thence along the East line of said Quarter -Quarter S021126'01"W 440.18'; thence N87033'59"W 231.17' to the Northern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846), thence NO2°20'28"E 244.74' to the North line of an existing utility and access easement (filed for record as Document #2016-00017161); thence along said North easement line S68°32'02"W 69.15' to the Point of Beginning; thence continuing along said North easement line S68°32'02°W 52.94'; thence leaving said North easement line N89016'05"W 26.60', thence S31°57'02"W 16.86' to said North easement line; thence along said North easement line S68032'02"W 32 76'; thence continuing along said North easement line West 17 45' to the East line of said easement; thence along said East easement line N00047'05"W 13.92'; thence leaving said East easement line N79004'42"E 29.82'; thence N31157'02"E 31.67'; thence S89116'05"E 86.88' to the Point of Beginning, containing 2,223 square feet or 0.05 acres more or less. ALSO A 20.00' wide easement over part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, the centerline of which being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter, thence along the East line of said Quarter -Quarter S02026'01 "W 440.18', thence N87°33'59"W 231.17' to the Northern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846), thence along said Northern right-of-way S74°00'50"W 83.02', thence continuing along said Northern right-of-way S76005'05"W 67.34'; thence N22°43'50"W 7.64' to the North line of an existing utility easement (filed for record as Document #2016-00017161) and the Point of Beginning; thence N22043'50"W 34.61' to the Point of Termination, containing 692 square feet or 0.02 acres more or less. Containing a net total of 7,850 square feet or 0.18 acres more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A 10.00' wide easement over part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, the centerline of which being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter, thence along the East line of said Quarter -Quarter S02126'01"W 440.18'; thence N87°33'59"W 231.17' to the Northern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846), thence NO2°20'28"E 17.91' to the Point of Beginning, thence N08°28 39"W 193.88' to the South line of an existing utility and access easement (filed for record as Document #2016-00017161) and the Point of Termination, containing 1,923 square feet 0.04 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, Water/Sewer Easement Page 3 small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 2024. L'" MATHIAS SHOPPING CENTERS, INC., an Arkansas corporation rthur Thurman, President ACKNOWLEDGMENT STATE OFARKANSAS ss. COUNTY OF WASHINGTON 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 Arthur Thurman, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the President of Mathias Shopping Centers, Inc., and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: Notary Public , 2024. W— --- -10 ---- ---- --- -] 50 25 0 50 WA TER AND SANI TAR Y SCALE IN FEET SEWER EASEMENT r 1 -ENT "cEss EA�E6 •------------------------i tI1,TTY &#2016,00011 I - DOG.- 1 . ------------------- ' -'' 1• 1 1 I 1 — 1 TEMPORARY CONSTRUCTION EASEMENT- ' ' ' 1 I , WA TER AND SANITARY I , SEWER EASEMENT 1 1 1 ' 765-14764-000 MATHIAS SHOPPING CENTERS, INC. ' J052 W MARTIN LUTHER KING BLVD v ' ' 1 ' WA TER AND SANITARY 1 SEWER EASEMENT I i UTILITY EASEMENT DOC. #2016-00017161 RPW 1 � _ GNWAY 62B�V0) KANSAS HIKING JR. --.-- -W AR LAVER R/ MARTI c HAWKINSoWEIR ENGI N E E R S, I N C. Van Buren I Fort Smith Fayetteville Little Rock (479) 474-1227 (479) 242-4685 (479) 455-2206 I (501) 374-4846 EXHIBI T "A " UTILITY RELOCA 7IONS FOR I-49 MLK INTERCHANGE 77?ACT 12 — MA 7NIAS SHOPPING CEN7FRS, INC. FOR: CITY OF FAYETTEVILLE, ARKANSAS www.hawkins-weir.com 8 16 2024 I SCALE: 1"--50' 1 JOB NO. 2022129 Tract No. 13 Metropolitan Bank CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Mr. Matt Lukas Metropolitan Bank PO Box 8010 Little Rock, AR 72203 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-22967-001 3111 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Lukas. The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $1,400.00 for the rights associated with the permanent easement (185 square feet). This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones @fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Si cerely, Tim ander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 3,442 SgFt bank on 1.36 acres of commercial land. The acquisition consists of: Permanent Easements (WSE of 185 SgFt). See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. Metropolitan Bank 765-22967-001 Before the Acquisition After the Acquisition s9 nq7 CnFt - Tntal I and (Pn oinflorl Remaining Rights in the Easement Area 185 SgFt - Land (Residual) PZD. commercial Planned Zoning District 1,775,500 Value Before the Acquisition After the acquisition, the property rights in the relocated 185 SgFt water and sewer easement will be split between the owner- and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines par -king and driveways as non -permanent. It expressly restricts building wireless communication facilities. APPRAISERS - Zach J Holland, AR CC, 291 1 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No. 765-22967-001 Tract No 13 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Metropolitan Bank, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2005-32443) LOT 2-13 OF THE LOT SPLIT FOR COBB AND WESTPHAL, AS SHOWN UNDER LAND DOCUMENT NUMBER 2005-00014956 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PART OF THE SE'/4 OF THE NW'Y4 OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS. COMMENCING AT AN ALUMINUM CAP FOUND FOR THE SE CORNER OF THE SE'/4 OF THE NW Y. OF SECTION 19, T-16-N, R-30-W, THENCE NORTH 86 DEGREES, 55 MINUTES, 53 SECONDS WEST 43.03 FEET; THENCE NORTH 03 DEGREES, 06 MINUTES, 28 SECONDS EAST 558.05 FEET; THENCE NORTH 87 DEGREES, 10 MINUTES, 12 SECONDS WEST 290.31 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING A FOUND IRON PIN; THENCE SOUTH 02 DEGREES, 48 MINUTES, 54 SECONDS WEST 20.00 FEET TO A SET COTTON SPINDLE, THENCE NORTH 88 DEGREES, 14 MINUTES, 35 SECONDS WEST 75.94 FEET TO A SET COTTON SPINDLE, THENCE SOUTH 71 DEGREES, 55 MINUTES, 16 SECONDS WEST 171.01 FEET TO A SET COTTON SPINDLE; THENCE NORTH 87 DEGREES 46 MINUTES, 50 SECONDS WEST 116.34 FEET TO A SET COTTON SPINDLE, THENCE NORTH 02 DEGREES, 18 MINUTES, 39 SECONDS EAST 155.25 FEET TO A FOUND IRON PIN ON THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 62, THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 62, NORTH 75 DEGREES, 51 MINUTES, 05 SECONDS EAST 369.46 FEET TO A FOUND IRON PIN; THENCE LEAVING THE SAID RIGHT-OF-WAY LINE OF U.S. HIGHWAY 62, SOUTH 02 DEGREES, 48 MINUTES, 54 SECONDS WEST 179.43 FEET TO THE TRUE POINT OF BEGINNING. PERMANENT EASEMENT DESCRIPTION: Part of Lot 213, Cobb & Westphal Lot Split, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said Lot 213; thence along the West line of said Lot S02020'26"W 136.53'' thence S87045'41"E 37.87' to the East line of an existing access & utility easement (filed for record as Document #2003-00042901) and the Point of Beginning, thence along said East easement line NO2°18'08"E 20.44', thence S34014'48"E 17.55', thence S63143'39"E 15.53' to the North line of said existing access & utility easement; thence along said North line N87045'41"W 24.64' to the Point of Beginning, containing 185 square feet or 0.004 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. 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. Water/Sewer Easement Page 2 The Grantee shall have the right to construct pipelines and/or make repairs to lines within the above -described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs 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 in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 2024. METROPOLITAN BANK BY: ATTEST [Please print or type Name and Title] [Please print or type Name and Title ACKNOWLEDGMENT STATE OFARKANSAS 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 and to me well known as the persons who executed the foregoing document. and who stated and acknowledged that they are the and , respectively, of Metropolitan Bank, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2024. MY COMMISSION EXPIRES Notary Public 0 Q J 3 0 i IN 19 30 15 0 30 SCALE IN FEET R/W It 5 HIGHWAYR BLVD) ARKAN�TMER KING J (MARTIN L - UTILITY EASE NT 5 -��- Dp�. �2002 1 - - i —ram 1 t 1 t I t 1 1 I I t I 1 t I I I t I I 1 O 1 I p I t W I 765-22967-001 METROPOLITAN BANK 5111 W MARTIN LUTHER KING JR BLVD 1 t 1 I 1 I I I I 1 I I I I 1 i WO I i i I p t WA TER AND SANI TAR Y o � � ' ►l SEWER EASEMENT 1 , ACCESS & UTILITY EASEMENT t ; DOC. #2003-00042901 ITY EASO0014956 , - I 6�L #2005 0 - , I I — I t ; 00G'-----:------- - — — — — — — — — — — — — — — r' HAWKINSoWEIR EXHIBIT "A" ENGIhw N E E R S, INC. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE Van Buren Fort Smith Fayetteville Little Rock TRACT 13 - METROPOLITAN BANK (479) 474-1227 I (479) 242A685 I (479) 455.2206 I (501) 374-4846 FOR: CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.comI DATE.' 07, SCALE.- 1 "=30' I JOB NO. 2022129 Tract No. 14 Superior Bank CITY OF FAYETTEVILLE ARKANSAS October 28, 2024 Superior Bank c/o Arvest Bank #310 1183 Joyce Blvd., Suite 2 Fayetteville, AR 72703 RE Highway 112 Widening Project Parcel No. 765-14805-001 3045 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) To Whom It May Concern: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to the Martin Luther King Boulevard and 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $101,000.00 for the rights associated with the permanent easement (12,848 square feet), $1,800.00 for the rights associated with the temporary construction and grading easement (600 square feet), and $2,800.00 for damages, including the loss of trees and shrubs, for a total of $105,600.00. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. For engineering questions or concerns, please contact Corey Granderson, Utilities Engineer at (cgranderson@fayetteville- ar.gov) or myself at (tnyander@fayetteville-ar.gov). Sincerely, ff'aall� Tim Nyander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 2,901 SgFt bank on 1.46 acres of commercial land. The acquisition consists of: Permanent Easements (WSE of 12,848 SgFt) Temporary Construction Easement (TCE of 600 SgFt). Before the Acquisition 63,598 SgFt - Land After the Acquisition 50 790 Snrt - Tntal 1 anri IR, ......i—I Kesldual Klghts in the WSt area 12,848 SgFt - Land (Residual) C-2; Thoroughfare Commercial 2,012,000 Value Before the Acquisition 1,910,000 Value After the Acquisition 102,000 See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. After the acquisition, the property rights in the relocated 12,848 SgFt water and sewer easement will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement. While the WSE document restricts permanent construction above the easement area, it defines parking and driveways as non -permanent. It expressly restricts building wireless communication facilities. Damages: Damages include the loss of professionally landscaped trees at the southern border of the site and shrubs at the front of the building. Zach J Holland, AR CG 2911 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No. 765-14805-001 Tract No 14 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Superior Bank, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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 2002-00117188) PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH LIES NORTH 559.92 FEET AND WEST 14.75 FEET FROM THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID 40 ACRE TRACT AND RUNNING THENCE NORTH 89 DEGREES 28,381, WEST 290.33 FEET, THENCE NORTH 00 DEGREES 31' 22" EAST 179.38 FEET, THENCE NORTH 73 DEGREES 46' 57" EAST 253.75 FEET, THENCE SOUTH 53 DEGREES 53' 10" EAST 58.20 FEET, THENCE SOUTH 00 DEGREES 31' 22" WEST 218.59 FEET TO THE POINT OF BEGINNING, CONTAINING 63,616.25 SQ FT. OR 1.46 ACRES, MORE OR LESS. PERMANENT EASEMENT DESCRIPTION: Part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southeast corner of said Southeast Quarter of the Northwest Quarter; thence along the East line of said Quarter -Quarter N02026'01"E 559.52'; thence N87020'34"W 66.24' to the West right-of-way of South Finger Road (Per ARDOT Job 040846) and the Point of Beginning; thence N8711012"W 30.16'; thence N02052'34"E 132.94'; thence N53014'36"W 7 88'; thence N87019'19"W 223.91', thence N02048'58"E 21.88' to the South line of an existing utility easement (filed for record as Document #023A-00000024); thence along said South easement line N76006'21"E 177.72'; thence S18013'48"E 8.70% thence S53114'36"E 78.84'; thence S87019'19"E 20.94' to said West right-of-way of South Finger Road; thence along said West right-of-way S03028'56"W 134.49'; thence continuing along said West right-of-way S02136'19"E 23.06' to the Point of Beginning, containing 15,383 square feet or 0.35 acres more or less. LESS AND EXCEPT Part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southeast corner of said Southeast Quarter of the Northwest Quarter; thence along the East line of said Quarter -Quarter N02026'01 "E 559 52'; thence N87020'34"W 66.24' to the West right-of-way of South Finger Road (Per ARDOT Job 04086); thence N87010'12"W 30.16'; thence N02052'34"E 132.94'; thence N53014'36"W 7.88'; thence N87119'19"W 38.49'; thence N02040'41"E 20.00' to the Point of Beginning; thence N87019'19"W 156.63'; thence N76006'14"E 113.49'; thence S53014'36"E 57.78' to the Point of Beginning, containing 2,535 square feet or 0.06 acres more or less. Containing a net total of 12,848 square feet or 0.29 acres more or less Water/Sewer Easement Page 2 TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A 20.00'x30.00' easement over part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows. - Commencing at the Southeast corner of said Southeast Quarter of the Northwest Quarter; thence along the East line of said Quarter -Quarter N02026'01 "E 559.52'; thence N87020'34"W 66.24' to the West right-of-way of South Finger Road (Per ARDOT Job 040846); thence N8701012"W 30 16'; thence N02052'34"E 132 94'; thence N53014'36"W 7.88'; thence N87019'19"W 193.91' to the Point of Beginning; thence S02048'58"W 20.00'; thence N87019'19"W 30.00'; thence N02048'58"E 20.00'; thence S87019'19"E 30.00' to the Point of Beginning, containing 600 square feet or 0.01 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. Water/Sewer Easement Page 3 WITNESS the execution hereof on this day of 2024. SUPERIOR BANK BY: ATTEST: [Please print or type Name and Title] print or type Name and Title] ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON 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 and , to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the and , respectively, of Superior Bank, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they 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: Notary Public 2024. 3 uj of 0 z a 1 50 25 0 50 SCALE IN FEET I ' I I , I I ' 1 1 1 I 1 I 1 1 I 1 I I R/W 62 AS HIGNWA ABLVD) ARKpLUTMER KING cMAR�" - UTILITY EASEMENT DOC.-1023A = 00000024 L_Ll�J I I ' WA TER AND SANITARY SEWER EASEMENT 1 ' I ' I I 1 � 765-14805-001 ; SUPERIOR BANK , I 3045 W MARTIN LUTHER KING BLVD , ---------_--_- =-- - --- !f------------ �- ACCESS EASEMENT DOC. #2003-00042898 O NGIInHAWKINSoWEIR EXHIBIT '"A" E I N E E R S, i N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE Van Buren Fort Smith Fayetteville Little Rock TRACT 14 - SUPERIOR BANK (479 ) 474-1227 I (479) 242-4s65 I (479) 455-2206 I (soy) 374.4046 FOR: CITY OF FA YETTEVILLE, ARKANSAS w w w. h a w k i n s -weir . c o m DA TE. 07 12 2024 SCALE. 1"=50' JOB NO. 2022129 Tract No. 15 Liberty Bank of Arkansas r CITY OF FAYETTEVILLE ARKANSAS February 19, 2025 Liberty Bank of Arkansas c/o Emily McCord PO Box 1028 Cabot, AR 72023 RE: Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14767-000 3010 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Ms. McCord: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $94,366.08 for the rights associated with the permanent easement (12,192 square feet), $7,550.00 for the rights associated with the temporary construction and grading easement (2,732 square feet), and $2,500.00 for damages, for a total of $104,416.08. Damages include the loss of professionally landscaped trees and shrubs and temporary loss of parking. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 documents, a check will be requested, and you will be paid the amount indicated in this offer letter. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sincerely, 4 Tim Nyander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 4,750 SgFt bank on 1.65 acres of commercial land. The city is relocating water and sewer easements along this corridor. 10/28/2024 Effective Date PHYSICAL CHARACTERISTICS Liberty Bank of Arkansas perty Owner 765-14767-000 Parcel Fayetteville City AR State 4,750 SqFt - Gross Building Area Before the Acquisition 71,874 SgFt- Land Proposed Water and Sewer Easement 11,622 SgFt- Land (acquisition area) After the Acquisition 60,252 SgFt - Land (Remainder) Remaining Rights (non -permanent surface use) 1 1,622 SgFt - Land (Residual) Temporary Construction EasemerL nts 905 SgFt - Land C-2; Thoroughfare Commercial Zoning CONCLUSIONS $ 2,213,000 Value Before the Acquisition $ 2,123,000 Value After the Acquisition $ 90,000 $ 90,000 Market Value of the Acquisition $ 2,500 TCE $ 900 Temporary Damages $ 1,600 Damages See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. After the acquisition, the property rights in the acquisition area will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE document restricts permanent construction above the easement area, it defines parking and driveways as non -permanent. It expressly restricts building wireless communication facilities. Damages: Damages include the loss of professionally landscaped trees and shrubs and temporary loss of parking. APPRAISERS: Zach J Holland, AR CG 2911 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No. 765-14767-000 Tract No. 15 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Liberty Bank of Arkansas, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2005-00021116) A part of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section Nineteen (19), Township Sixteen (16) North, Range Thirty (30) West, being more particularly described as follows: Commencing at the northeast corner of -said 40 acre tract, said point being an existing railroad spike in One - Mile Road; thence south along the east line of said 40 acre tract 49.50 feet to the true point of beginning, said point being in One -Mile Road and from which a 1/2" iron rebar set on the west right-of-way line of said road (as presently located) bears south 71 degrees 47 minutes 21 seconds west 19.12 feet, said set reference iron also being the southeast corner of lot numbered eight (8) in block numbered one (1) of Stapleton's Subdivision Number One (1) to the City of Fayetteville, Arkansas; thence south along the east line of said 40 acre tract 334.52 feet to a point on the north right-of-way line of U.S. Highway #62 (West 6th Street), said point being in One -Mile Road and from which a 1/2" iron rebar set on the west right-of-way line of said road (as presently located) bears south 73 degrees 51 minutes 41 seconds west 20.82 feet; thence leaving the east line of said 40 acre tract and running along the north right-of-way line of said Highway #62 the following bearings and distances: south 73 degrees 51 minutes 41 seconds west 41.10 feet to a set 1/2" iron rebar, south 27 degrees 47 -minutes 53 seconds west 14.01 feet to a set 1/2" iron rebar, south 73 degrees 51 minutes 41 seconds west 182.58 feet to a set 1/2" iron rebar; thence leaving the north right-of-way line of said Highway #62 north 00 degrees 04 minutes 47 seconds east 336.40 feet to a set 1/2" iron rebar at the southwest corner of lot numbered eight (8) in block numbered one (1) of Stapleton's Subdivision, Number One (1) to the City of Fayetteville, Arkansas; thence north 71 degrees 47 minutes 21 seconds east 232.58 feet to the point of beginning, in Washington County, Arkansas, containing 1.72 acres, more or less. Subject to the right-of-way of One -Mile Road along the entire east boundary and any other easements and/or rights of way whether or not of record. PERMANENT EASEMENT DESCRIPTION: A variable width easement over part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, the centerline of which being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter; thence along the East line of said Quarter -Quarter S02126'01 "W 110.58'; thence N87133'59"W 60.78' to the West line of an existing City of Fayetteville Water & Sewer Easement (filed in Book 92 Page 58194) and the Point of Beginning; thence N88047'16"W 17.22'; thence S74004'12"W 119.73'; thence S51015'57"W 53.08'; thence N02020'28"E 58.52'; thence N74004'12"E 179.94' to said West easement line; thence along said West easement line S02116'51"W 42.19' to the Point of Beginning, containing 6,778 square feet or 0.16 acres more or less. ALSO Part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter; thence along the East line of said Quarter -Quarter S02126'01"W 367.77'; thence N87133'59"W 60.10' to the West right-of-way of South One Mile Road (Per ARDOT Job 040846) and the Point of Beginning; thence along said West right-of-way S32036'36"W 13.31' to the North line of an existing City of Fayetteville water and sewer easement (filed for record in Book 861 Pages 103 & 838); thence along said North easement line S75122'54"W 165.52'; thence N08028'39"W 32.78'; thence N02020'28"E 159.83'; thence S08028'39"E 171.46'; thence N75023'21"E 145.31' to the West line of an existing City of Fayetteville water and sewer easement (filed for record in Book 92 Page 58194); thence along said West easement line S02116'51"W 6.20' to the Point of Beginning, containing 5,414 square feet or 0.13 acres more or less. Containing a net total of 12,192 square feet or 0.28 acres more or less Water/Sewer Easement Page 2 TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A 20.00' wide easement over part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, the centerline of which being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter; thence along the East line of said Quarter -Quarter S02126'01"W 367.77'; thence N87133'59"W 60.10' to the West right-of-way of South One Mile Road (Per ARDOT Job 040846); thence N02116'51"E 6.20'to the North line of the above described permanent easement; thence along said North line S75123'21"W 135.25' to the Point of Beginning; thence N08028'39"W 41.20' to the Point of Termination, containing 824 square feet or 0.02 acres more or less. ALSO A 10.00' wide easement over part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, the centerline of which being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter; thence along the East line of said Quarter -Quarter S02126'01 "W 115.58'; thence N87133'59"W 60.77' to the West line of an existing City of Fayetteville Water & Sewer Easement (filed in Book 92 Page 58194) and the Point of Beginning; thence N88047'16"W 16.37'; thence S74004'12"W 117.96'; thence S51015'57"W 56.43' to the Point of Termination, containing 1,908 square feet or 0.04 acres more or less. Containing a net total of 2,732 square feet or 0.06 acres more or less Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. Water/Sewer Easement Page 3 It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 12025. LIBERTY BANK OF ARKANSAS M ATTEST: [Please print or type Name and Title] [Please print or type Name and Title] ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON 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 and , to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the and , respectively, of Liberty Bank of Arkansas, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they 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 2025. MY COMMISSION EXPIRES: Notary Public WA7ER AND SANITARY 50 25 0 50 SCALE IN FEET SEWER EASEMENT - - ...... — I �" -- EGRESS E529M / INGRESS p05-00050 "----- j-- 25 p0�. # ,-- I r �I -'""- 10' TEMPORARY CONSTRUCTION EASEMENT I 765-14767-000 ; 3 LIBERTY BANK OF ARKANSAS ; \ r� 3010 W MARTIN LUTHER KING BLVD I CITY OF FA YETTEVILLE WA TER & SEWER EASEMENT ✓, /', BK. 92 PG. 58194 � � I I WA7ER AND SANITARY SEWER EASEMENT 20' TEMPORARY CONSTRUCTION EASEMENT I I ,.•.. ; . '2O, Q ti Z O O 01 CITY OF FA YETTEVILLE WA TER & SEWER EASEMENT Iy 62 BK. 861 PG. 103 & / S NI�NWA JR B�VD) 81c 861 PG. 838 R/"' ARKANsA KING Q N L U of (MA J H HAS pWE� EXHIBIT '"A" N E N 8 1 N E E� 4 1 N r- UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE TRACT 15 - LIBERTY BANK OF ARKANSAS N Van Buren Fort Smith Fayetteville Little Rock FOR: CITY OF FA YETTEVILLE, ARKANSAS N (479)474-1227 (479)242-4685 (479)455-2206 (501)374-4846 www.hawkins-weir.com I DATE: SCALE.- 1 "=50' 1 JOB NO. 2022129 Tract No. 16 Cooper Realty Investments, Inc. r� CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Mr. Jim Keith Cooper Realty Investments, Inc., Burger Investments, LLC, and IWS Shelby, LLC 903 N 47th Street Rogers, AR 72756 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-22967-000 3049 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Keith The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $38,000.00 for the rights associated with the permanent easement (6,017 square feet) and $9,400.00 for the rights associated with the temporary construction and grading easement (5,202 square feet), for a total of $47,400.00. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones @fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sincer y, 4 Tim Nyander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the� acquisition, the subject property consists of a 52,620 SgFt shopping center on 5.84 acres of cornmearcial land The city is relocating water and sewer easements along this corridor. See mapping for specific 10/28n02a - locations. They have minimal impact on the subject PHYSICAL CHARACTERISTICS improvements. Any existing site Cooper- Realty Investments, improvements (parking, paving, Inc. • • driveways, sidewalks, lawn) will 765-22967-000 be repaired by the grantee. Fayetteville Oky AR After the acc:icaisition, the property rights in the permanent easement acquisition area will be split between the 52,620 owner and the city. -fhe Before the Acquisition continued use of the building 254,390 SgFt - Land does not appear to be affected Proposed Water and Sewer Easement by the permanent easement, and 6,017 SgFt - Land (Acquisition) the client assures us that owners After the Acquisition and customers will continue to 248,373 SgFt - Land (Remainder) have access and use of the Remaining Rights (non -permanent surface use) parking and building during 6,017 SgFt - Land (Residual) Construction. Temporary Construction Easements 5,202 SgFt -Land d1i CPZD: C...nm.... W Manned Zoning o�.: While the WSE restricts permanent: construction above the easement area, it defines $ 6,498,000 Value Before the Acquisition parking and driveways as non- r$ 6..460.000 Value After the Acquisition permanent. It expressly $ 38,000 - - - ri,stricts building wireless $ 38,000 Market Value of the Acquisition mimunica.tion facilities. $ 9,400 TCE APPRAISERS: Zach J Holland, AR CG 2911 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No 765-22967-000 Tract No 16 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Cooper Realty Investments, Inc., an Arkansas corporation; Burger Investments, LLC, an Arkansas limited liability company; and IWS Shelby, LLC, a Mississippi 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2016-23356) Lot 2-A, Cobb & Westphal Commercial Subdivision, to the City of Fayetteville, Washington County, Arkansas, being a, Lot Split of Lot 2 as shown in Document No.2005-32442 and also being described as a. part of the SE 1/4 of the NW 1/4 of Section 19, Township 16 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas and being described as follows: Commencing at an aluminum cap found for the SE corner of the SE 1/4 of the NW 1/4 of Section 19, Township 16 North, Range 30 West, thence N 86°55'53" W 43.03 feet and N 03°06'28" E 169.01 feet to the true point of beginning; said point being a found iron pin on the West right of way line of Finger Road, thence N 87'41'11" W 163.23 feet to a found iron pin; thence S70°10'27" W 173.27 feet to a found iron pin; thence N 86°49'46" W 265.22 feet to a found iron pin; thence N87°40'39" W 48.71 feet to a found PK nail set in the asphalt of an existing fire lane to Lowe's Home Improvement Center; thence N 02018'39" E 372.42 feet to a set cotton spindle; thence S 87°46'50"E 116.34 feet to a set cotton spindle; thence N 71055'16"E 171.01 feet to a set cotton spindle; thence S88°14'35" E 75.94 feet to a set cotton spindle; thence N 02048'54" E 20.00 feet to a found iron pin; thence S87°10'12"E 290.31 feet to a set Mag Nail drilled into the concrete of an existing drive located in an access easement as shown. under Land Document Number.2003 42898, said mag nail being on the West right of way line of Finger Road; thence along the West right of way line of finger Road, S 03°06'28" W 389.04 feet to the true point of beginning, containing 5.886 acres, more or less. PERMANENT EASEMENT DESCRIPTION: A 25.00' wide easement over part of Lot 2A, Cobb & Westphal Lot Split, City of Fayetteville, Washington County, Arkansas, the centerline of which being more particularly described as follows: Commencing at the Northeast corner of said Lot 2A; thence along the East line of said Lot S03105'45"W 12.50'; thence N87°10'12"W 50.00' to the West line of an existing 20' utility easement (filed for record as Document #2005-00014956) and the Point of Beginning, thence continuing N87°10'12"W 240.25' to the East line of an existing access and utility easement (filed for record as Document #2003-00042901) and the Point of Termination, containing 6,017 square feet or 0.14 acres more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: Part of Lot 2A, Cobb & Westphal Lot Split, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of said Lot 2A; thence along the East line of said Lot S03105'45"W 12.50'; thence N87°10'12"W 50.00' to the West line of an existing 20' utility easement (filed for record as Document #2005-00014956), thence along said West easement line S03105'45"W 12.50' to the Point of Beginning; thence continuing along said West easement line S03005'45"W 50.00', thence N87°10'12"W 70.00'; thence N03005'45"E 40.00', thence N87110'12"W 170,14' to the East line of an existing access and utility easement (filed for record as Document #2003-00042901); thence along said East easement line N02145'53"E 10.00' to the South line of the above described permanent easement; thence along said South line S87110'12"E 240.19' to the Point of Termination, containing 5,202 square feet or 6.12 acres more less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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. Water/Sewer Easement Page 2 It is expressly understood that the above temporary construction and grading easement shall exclude any permanent structure presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee WITNESS the execution hereof on this day of STATE OFARKANSAS COUNTY OF WASHINGTON 2024. COOPER REALTY INVESTMENTS, INC., an Arkansas corporation BY: Michael Kent Burger, President 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 Michael Kent Burger. to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the President of Cooper Realty Investments, Inc., an Arkansas corporation, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: Notary Public 2024. Water/Sewer Easement Page 3 BURGER INVESTMENTS, LLC, an Arkansas limited liability company M Michael Kent Burger, Manager ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON 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 Michael Kent Burger, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Manager of Burger Investments, LLC, an Arkansas limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of , 2024. MY COMMISSION EXPIRES: Notary Public Water/Sewer Easement Page 4 IWS SHELBY, LLC, a Mississippi limited liability company BY: William A. Leatherman, Jr., Manager ACKNOWLEDGMENT STATE OFARKANSAS ss. COUNTY OF WASHINGTON 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 William A. Leatherman, Jr., to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Manager of IWS Shelby, LLC, a Mississippi limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES. Notary Public , 2024. 0 J 3 w z z a a of 0 Im 50 25 0 50 SCALE IN FEET q S NTGNwAYR B�VD) ARKAN�ER KIND J (MARTIN L R/W ACCESS EASEMENT DOC. #2003-00042898 - ..........1-.....-... ' --------------- ....... o............. ....... .... t _ .................... 25' WA TER AND SANI TAR Y - . -. - - - SEWER EASEMENT 1:•:.:•:.:":-:.:::.:.:.:::::::::::::::::::::: h TEMPORARY 70'. ' �.... :.... ......: ; CONSTRUCTION EASEMENT 20' UTILITY EASEMENT ' 1 765-22967— 000 DOC. #2005— 00014956 COOPER REALTY INVESTMENTS INC. 3049 W MARTIN LUTHER KING BLVD UTILITY EASEMENT BK. 92 PG. 51295 , HAWKINSoWEIR EXHIBIT "A" HN E N G I N E E R S, i N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE TRACT 16 - COOPER REAL TY INVESTMENTS INC. Van Buren I Fort Smith Fayetteville Little Rock (479) 474-1227 (479) 242-4685 I (479) 455-2206 I (501) 374-4846 FOR: CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.com I DATE. SCALE.- 1 `50' 1 JOB NO. 2022129 Tract No. 17 Wal-Mart Real Estate Business Trust IVA CITY OF FAYETTEVILLE ARKANSAS January 31, 2025 Wal-Mart Real Estate Business Trust c/o Amy Corritori c/o Wal-Mart Property Tax Dept 4516 PO Box 8050, Attn: 0555 Bentonville, AR 72712 RE: Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14654-000 2875 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Notification Letter) Dear Ms. Corritori: As previously indicated, the City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the I- 49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. Because this utility relocation project is being done as part of the ARDOT roadway widening, certain deadlines have to be met. Therefore, if we do not receive signed documents by the March 18, 2025 City Council meeting, we will submit a request for authorization to proceed with acquisition by eminent domain. The meeting location is 113 West Mountain Street, Room 219 in Fayetteville. This is a public meeting and you or a representative are encouraged to attend. After this date, the City Attorney's Office will take over the acquisition process for the City. Please note that negotiations may continue throughout this process. A pamphlet is enclosed explaining the steps involved in condemnation and your rights and responsibilities. The City of Fayetteville previously offered you $226,000.00 for the rights associated with the permanent easement (32,564 square feet) and $28,000.00 for the rights associated with the temporary construction and grading easement (11,626 square feet), for a total of $254,000.00. This offer was based on an appraisal of your property and a summary sheet was provided for your review. Should you elect to accept this offer, the Water/Sewer Easement previously provided should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 was provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteviIIe-ar.gov A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sincerely, I Tim Nyander Utilities Director TN/bs Enclosure EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 254,783 SgFt bank on 26.49 acres of commercial land. The city is relocating water and sewer easements along this corridor. Wal-Mart Real Estate Business Trust 765-14654-000 Before the Acquisition 1153 904 SnFt - I ands Proposed Water and Sewer Easement 3? 564 SnFt - I ands After the Acquisition I 1 ? 1 340 SnFt - I nndi (RamainA-rl Remaining Rights (non -permanent surface use) 32,564 SgFt - Land (Residual) Temporary Construction Easements 11,626 SgFt - Land C-2: Thoroughfare Commercial $ 32,018,000 Value Before the Acquisition 31,792,000 Value After the Acquisition $ 226,000 Market Value of the Acquisition $ 28,000 TCE See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non- permanent. It expressly restricts building wireless communication facilities. APPRAISERS: Zach J Holland, AR CG 2911 Dallas Bartholomew, AR RA 4412 Wi Project 2022129 Parcel No. 765-14654-000 Tract No. 17 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Wal-Mart Real Estate Business Trust, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2008-00030449) TRACT A tract of land in the SW'/4 of the NE'/4 and the NW'/4 of the SE'/4 of Section 19, Township 16 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, and being more particularly described as follows: Beginning at a point that is South 02 degrees 29 minutes 55 seconds West 476.17 feet from the Northwest corner of said SW '/4 of the NE '/4 and on the Southerly right-of-way Of U. S. Highway 62; thence along said southerly right-of-way North 75 degrees 31 minutes 50 seconds East 19.32 feet; thence North 69 degrees 22 minutes 00 seconds East 50.66 feet; thence North 73 degrees 46 minutes 48 seconds East 201.61 feet; thence North 71 degrees 56 minutes 0 1 seconds East 170.68 feet; thence North 71 degrees 05 minutes 12 seconds East 590.56 feet; thence South 60 degrees 07 minutes 05 seconds East 13.29 feet; thence leaving said southerly right-of-way South 03 degrees 07 minutes 30 seconds East 1087.49 feet; thence North 87 degrees 40 minutes 23 seconds West 119.01 feet; thence South 01 degrees 04 minutes 00 seconds West 139.39 feet; thence South 83 degrees 14 minutes 25 seconds West 831.23 feet; thence North 02 degrees 29 minutes 55 seconds East 400.00 feet; thence South 83 degrees 14 minutes .25 seconds West 150.00 feet to the West line of said SW'/4 of the NE'/4; thence North 02 degrees 29 minutes 55 seconds East along said West line 620.15 feet to the point of beginning and containing 1,093,383.08 square feet or 25.1006 acres, more or less. AND BEING a portion of the same property conveyed to Wal-Mart Stores, Inc., a Delaware corporation from Commonwealth-Ghosen Theatre Corporation by Warranty Deed dated March 29, 1993 and recorded April 30, 1993 in Instrument No. 93-22836. TRACT 2 A tract of land in the SW'/4 of the NE'/4 and in the NW'/4 of the SE'/4, Section 19, Township 16 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, and being more particularly described as follows: Beginning at a point that is South 02 degrees 29 minutes 55 seconds West 1096.32 feet from the Northwest corner of the said SW'/4 of the NE'/4; thence North 83 degrees 14 minutes 25 seconds East 150.00 feet; thence South 02 degrees 29 minutes 55 seconds West 400.00 feet; thence South 83 degrees 14 minutes 25 seconds West 150.00 feet; thence North 02 degrees 29 minutes 58 seconds East 171.34 feet to the Southwest corner of the said SW 1/4 of the NE'/4; thence North 02 degrees 29 minutes 55 seconds East along the West line of the said SW '/4 of the NE'/4, 228.66 feet to the point of beginning, and containing 59,218.38 square feet or 1.3595 acres, more or less; and, A tract of land in the NW'/4 of the SE'/4 of Section 19, Township 16 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, being described as follows: Beginning at a point that is South 02 degrees 29 minutes 55 seconds West 171.34 feet from the Northwest corner of said NW'/4 of the SE'/4; thence North 83 degrees 14 minutes 25 seconds East for 833.68 feet; thence South 02 degrees 38 minutes 22 seconds West along the Westerly boundary of Finger Park (Book 1073, Page 133) for 118.68 feet; thence South 83 degrees 14 minutes 25 seconds West for 833.39 feet; thence North 02 degrees 29 minutes 55 seconds East for 118.63 feet to the point of beginning, and containing 97,597.43 square feet or 2.2405 acres, more or less; subject to all easements for roads, drains and utilities of record. AND BEING a portion of the same property conveyed to Wal-Mart Stores, Inc., a corporation from Robert B. Leflar and Charles J.F. Leflar by Warranty Deed dated April 29, 1993 and recorded April 30, 1993 in Instrument No. 93-22840. LESS AND EXCEPT that portion of property conveyed to City of Fayetteville, a municipal corporation from Wal- Mart Stores, Inc., an Arkansas corporation by Warranty Deed dated November 10, 2004 and recorded November 17, 2004 in Instrument No. 2004-00047288. Tax Parcel No. 765-14654-000 Water/Sewer Easement Page 2 PERMANENT EASEMENT DESCRIPTION: Part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said Southwest Quarter of the Northeast Quarter; thence along the West line of said Quarter -Quarter S02026'01 "W 516.55'; thence S87037'23"E 54.37' to the East line of an existing 15' water line easement (filed for record as Document #95016618) and the Point of Beginning; thence S87037'23"E 96.55'; thence N72016'26"E 467.76'; thence S87015'13"E 249.61'; thence N69044'59"E 112.64'; thence N25117'41"E 54.45'; thence N59031'00"E 10.10' to the West right-of-way of West Farmers Drive; thence along said West right-of-way S02024'15"E 13.60' to the intersection of said West right-of-way with the Northwest line of an existing 15' City of Fayetteville sewer easement (filed for record in Book 93 Page 61512); thence along said Northwest easement line S25017'41"W 74.22'; thence S69144'59"W 109.38'; thence N87015'13"W 250.19'; thence S72016'26"W 432.14'; thence S02041'06"W 265.96'; thence N87017'51"W 106.79' to the East right-of-way of South Finger Road (Per ARDOT Job 040846); thence along said East right-of-way N02108'40"E 19.00'; thence continuing along said East right-of-way N42113'36"W 8.46'; thence S87116'05"E 87.98'; thence N02041'33"E 228.76'; thence N87016'05"W 109.41' to the East line of an existing 15' water line easement (filed for record as Document #95016618); thence along said East easement line N02029'55"E 24.22' to the Point of Beginning, containing 32,564 square feet or 0.75 acres more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A 10.00' wide easement lying parallel and adjacent to the South and East line of the above -described permanent easement, containing 11,626 square feet or 0.27 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. Water/Sewer Easement Page 3 It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 12024. WAL-MART REAL ESTATE BUSINESS TRUST AN ATTEST: [Please print or type Name and Title] [Please print or type Name and Title] ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON 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 and , to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the and I respectively, of Wal-Mart Real Estate Business Trust, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2024. MY COMMISSION EXPIRES: Notary Public ) -N P9 200 100 0 200 SCALE IN FEET Q O 0 Z pI �- Rlw�NWAY 62gLVD) ANSAS NIKIN� JR ARK II Raw R/w MARTIN II 15' WATER LINE EASEMENT�rf DOC. #95016618" CITY OF FA YETTEVILLE ' \ Rlw > k: -' SEWER EASEMENT / BK. 93 PG. 61512 1� 15'; WA TER AND SANITARY SEWER EASEMENT 10' WATER LINE EASEMENT WATER LINE EASEMENT ; DOC. #2007-00038002 DOC. #2007-00038002 20' WATER LINE EASEMENT DOC. #2022-0000J044 10' TEMPORARY CONSTRUCTION ti 15' WATER LINE EASEMENT DOC. #95016618 u Ln I 10' WA TER LINE EASEMENT DOC. #2007-00038002 ; LQ I plll I ulll I I IIIII 765-14654-000 I \; WA -MAR T REAL ES TA TE BUSINESS TRUST �fi;�; 2985 W MARTIN LUTHER KING BLVD ♦ < WA TER LINE EASEMENT ♦ ; DOC. #2007-00038002 CITY OF FA YETTEVILLE Ir1 UTILITY EASEMENT BK. 93 PG. 615(J7 I ♦� ♦ ♦ ♦ I I I I ♦�♦ \` I I I I ____ -------------------J inHAW)US6WEM EXHIBIT "A" E N& I N E E RS� INC UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE Van Buren Fort Smith Fayetteville Little Rock TRACT 17 — WAL—MART REAL ES TA TE BUSINESS TRUST (479) 474'7 I (479) 242-4685 I (479) 455-2206 I (501) 374-4846 FOR: CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.com I DA TE.- 0811612024 1 SCALE: 1"=200' 1 JOB NO. 2022129 Tract No. 19 Inreit Fayetteville, LLC CITY OF FAYETTEVILLE ARKANSAS December 16, 2024 Mr. Dave Perkins Inreit Fayetteville, LLC PO Box 2108 Fargo, ND 58107 RE: Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14709-000, 765-14709-001, 765-14703-000 2964 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Perkins: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $25,000.00 for the rights associated with the permanent easement (3,533 square feet), and $18,000.00 for damages, for a total of $43,000.00. Damages include the loss of professionally landscaped trees and shrubs, monument sign, and temporary loss of parking. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. incerely, Tim Nyander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 13,448 SgFt retail pharmacy on 1.85 acres of commercial land. The city is relocating water and sewer easements along this corridor. See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. 12/ 12/2024 Inreit Fayettville, LLC 765-14709-000, 765-14709-001, 765-14703-000 Fayetteville AR 13,448 Before the Acquisition 80,586 SgFt - Land Proposed Water and Sewer Easement 3,533 SgFt - Land (Acquisition Area) 77,053 SgFt - Land (Remainder) Remaining Rights In the Acquisition 3,533 SgFt - Land (Residual) C-2: Thoroughfare Commercial $ 2,200,000 75.000 Value Before the Acquisition Value After the Acquisitio $ 25,000 Market Value of the Acquisition $ 1,000 Temporary Damages $ 17,000 Damages After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non- permanent. It expressly restricts building wireless communication facilities. Damages: Damages include the loss of professionally landscaped trees and shrubs, monument sign, and temporary loss of parking. APPRAISERS: Zach J Holland, AR CG 2911 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No. 765-14703-000, 765-14709-001 & 765-14709-000 Tract No. 19 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Inreit Fayetteville, LLC, a North Dakota 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2009-00022543) Part of the SW 1/4 of the NE 1/4 of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Beginning at a found iron pin on the East side of One Mile Road as shown on Plat Records 2004-24333 and DR3-153, that is S 02015'33" W 1312.88 feet from the aluminum monument marking the North Quarter comer of said Section 19; thence S 86°17'35" E 120.52 feet to a found iron pin; thence S 87°05'00" E 146.60 feet to a 2 inch metal fence post; thence S 13002'49" E 129.40 feet; thence S 730 06' 12" W 100 feet; thence S 13° 02' 49" E 150.00 feet to the North right-of-way of U.S. Highway Number 62; thence along said North right-of-way the following Two courses: thence S 73°06'12" W 241.76 feet to an "X" scribed in concrete; thence N 61 °32'09" W 13.01 feet to a found iron pin on the East right-of-way of One Mile Road; thence along said East right-of-way N 02020'29" E 268.28 feet to a found iron pin; thence leaving said East right-of-way N 87045'10" W 6.87 feet; thence N 02020'29" E 112.34 feet to the point of beginning, containing 1.97 acres, more or less. Less and except that portion of the above described property which was previously deeded to the city of Fayetteville, Arkansas on a warranty deed filed December 14, 2007 as Document No. 2007-00045757, and being more particularly described as follows: Part of the SW 1/4 of the NE 1/4 of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Beginning at a found iron pin on the East side of One Mile Road as shown on Plat Records 2004-24333 and DR3-153, that is S 02015'33" W, 1312.88 feet from the aluminum monument marking the North Quarter corner on said Section 19; thence along the North line of Plat Record 2006-18071 as recorded in the official records for Washington County, Arkansas, S 86°17'35" E, 7.33 feet to a point on the proposed East right-of-way line of One Mile Road that is 25 feet Easterly of the existing centerline of said road; thence leaving the North line of said Plat Record 2006-18071 and continuing along said proposed East right-of-way line S 02000'27" W, 338.81 feet; thence 47.30 feet along a curve to the left said curve having a radius of 25.00 feet and a long chord of S 52011'38" E, 40.55 feet to a point on the proposed North right-of-way line of US Highway 62 that is 55 feet Northerly from the centerline of said Highway; thence along said proposed North right-of-way line N 73036' 18" E, 212.33 feet to the Easterly line of said Plat Record 2006-18071; thence leaving the proposed North right-of- way line of US Highway 62 and continuing along said Easterly line S 13002'49" E, 12.83 feet to the existing North right-of-way line of US Highway 62 as shown on said Plat Record 2006-18071; thence leaving the Easterly line of said Plat Record 2006-18071 and continuing along said existing North right-of-way line S 73 06'12" W, 241.76 feet; thence N 61032'09" W, 13.01 feet to the existing East right-of-way line of One Mile Road as shown on said Plat Record 2006-18071; thence along said existing East right-of-way line N 02020'29" E, 268.28 feet; thence leaving the existing East right-of-way line of One Mile Road and continuing along the Westerly line of said Plat Record 2006-18071 N 87045'10" W, 6.87 feet; thence N 02020'29" E, 112.34 feet to the point of beginning, containing 0.12 acres, more or less. PERMANENT EASEMENT DESCRIPTION: Part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said Southwest Quarter of the Northeast Quarter; thence along the North line of said Quarter -Quarter S86148'31"E 266.81'; thence S13006'57"E 129.97'; thence S73006'54"W 99.86'; thence S13103'44"E 108.25' to the Point of Beginning; thence continuing S13103'44"E 7.01' to the North line of an existing City of Fayetteville water and sewer easement (filed for record in Book 861 Page 100); thence along said North easement line S73019'54"W 182.84' to the East right-of-way of South One Mile Road (Per ARDOT Job 040846); thence along said East right-of-way the following three (3) courses: N78056'28"W 11.31'; Water/Sewer Easement Page 2 thence N35051'40"W 48.00'; thence N00139'20"W 11.60'; thence N89046'57"E 30.58'; thence S57101'19"E 60.47'; thence N73119'54"E 137.38' to the Point of Beginning, containing 3,533 square feet or 0.08 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct pipelines and/or make repairs to lines within the above -described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs 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 in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 12025. M INREIT FAYETTEVILLE, LLC, a North Dakota limited liability company By its sole member: Sterling Properties, LLLP, a North Dakota limited liability limited partnership By its general partner: Sterling Real Estate Trust Luke B. Swenson, Chief Investment Officer Water/Sewer Easement Page 3 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 Luke B. Swenson, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Chief Investment Officer of Sterling Real Estate Trust, the general partner of Sterling Properties, LLLP, a North Dakota limited liability limited partnership, the sole member of Inreit Fayetteville, LLC, a North Dakota limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2025. MY COMMISSION EXPIRES: Notary Public 40 20 0 40 SCALE IN FEET � CITY OF FA YETTEVILLE ✓` UTILITY EASEMENT 765-14703-000 BK. 1031 PG. 535 765-14709-001 765-14709-000 INREI T FA YETTEVILLE, LLC 2964 W MARTIN LUTHER KING BLVD 1 R/Hi ""R AND SANITARY IfER EASEMENT - f�LL� T EW R 100 MEN TER & 861 PG V 6K, lGNWAY 62gLVD) RKANSAS R KING JR CM AR �N LDTME N InHAICIN 4WE� EXHIBIT �A" ENS IN E E RS� IN G. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE TRACT 19- INREIT FAYETTEVILLE, LLC Van Buren Fort Smith Fayetteville Little Rock v (479) 474-1227 (479) 242-4685 (479) 455-2206 (501) 374-4846 FOR: CITY OF FA YETTEVILLE, ARKANSAS w w w. h a w k i n s -weir . c o mI DATE: 07 12 2024 SCALE.- 1--40' JOB NO. 2022129 Tract No. 20 Uasiliki Investments, LLC CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Mr. Chris Drosopoulos Vasiliki Investments, LLC 2607 Towson Avenue Fort Smith, AR 72901 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14710-000 2920 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Drosopoulos. The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $3,000.00 for the rights associated with the permanent easement (517 square feet) and $400.00 for damages, for a total of $3,400.00. Damages include temporary loss of parking. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sin ere , Tim yander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 2,800 SgFt professional office on 0.29 acres of commercial land. The city is relocating water and sewer easements along this corridor. See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. Vas,hki Investments, LLC 76S-14710-000 Fayetteville AR Before the Acquisition 12.632 Se Ft . Lnnd Proposed Water and Sewer Easement 291,000 Value Before the Acquilskion $ 400 Temporary Damages After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non -permanent. It expressly restricts building wireless communication facilities. Damages: Temporary loss of parking. Zach J Holland, AR CG 291 1 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No 765-14710-000 Tract No. 20 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS THAT Vasiliki 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2014-00012400) A part of the SW1/4 of the NE1/4 of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County. Arkansas, and being more particularly described as follows: Commencing at the Northwest corner of the above SW1/4 of the NE1/4 from which a found railroad spike bears S80°55'03"W, a distance of 11.35 feet, thence S86°19'39"E, a distance of 120.52 feet, thence S87°07'04"E, a distance of 146.60 feet to a point from which a found 1" open pipe bears S87°19'05"E, a distance of 10.08 feet, thence S13°04'53"E, a distance of 129.40 feet to the True Point of Beginning being a found 5/8" rebar w/cap (PS 931), thence S13°04153"E, a distance of 150.00 feet to a set 5/8" rebar w/cap (PS 1496) on the Northerly right-of-way line of U.S. Highway 62, thence S73°04'08"W, along the above said Northerly right-of-way line, a distance of 100.00 feet to a set 5/8" rebar w/cap (PS 1496); thence N13°04'53"W, leaving the above said Northerly right-of-way line, a distance of 150.00 feet to a set 5/8" rebar w/cap (PS 1496); thence N73°04'08"E, a distance of 100 feet to the Point of Beginning and containing 14,966 square feet or 0.34 acres, more or less. PERMANENT EASEMENT DESCRIPTION: Part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said Southwest Quarter of the Northeast Quarter, thence along the North line of said Quarter -Quarter S86048'31"E 266.81', thence S13006'57"E 129.97', thence S73006'54"W 99.86', thence S13003'44"E 108.25' to the Point of Beginning; thence N73019'54"E 0.67', thence S15°22'58"E 2.21', thence N75°44'48"E 2.95', thence N14144'34"W 2.34'' thence N73°19'54"E 71.24' to the West line of an existing 25' utility easement (filed for record in Book 1077 Page 530), thence along said West easement line S13006'57"E 7.01' to the intersection of the North line of an existing City of Fayetteville water and sewer easement (filed for record in Book 1031 Page 536); thence along said North easement line S73019'54"W 74.89" thence N13103'44"W 7.01' to the Point of Beginning, containing 517 square feet or 0.01 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct pipelines and/or make repairs to lines within the above -described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs as set out in this easement. Water/Sewer Easement Page 2 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. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 2024. VASILIKI INVESTMENTS, LLC, an Arkansas limited liability company BY: Vasso Drosopoulos, Member BY: Effie Drosopoulos, Member ACKNOWLEDGMENT STATE OFARKANSAS ss. COUNTY OF WASHINGTON 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 Vasso Drosopoulos and Effie Drosopoulos, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are Members of Vasiliki Investments, LLC, an Arkansas limited liability company, and are duly authorized in their capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they 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: Notary Public 2024. M a rV 5 Ki 30 15 0 30 SCALE IN FEET 1 1 1 1 1 1 1 1 1 1 N Qn 1 � � C 1 1 O � 765-14710-000 VASILIKI INVESTMENTS, LLC 2920 W MARTIN LUTHER KING BL VD � D 1 � 1 Wm o� 1 m 1 1 1 1 1 1 1 1 t ` 1 11 WA TER AND SANI TAR Y �� SEWER EASEMENT -� LLE TTEVI ENT 1 AYE EME J� F F EAS 0 R 1 CTER & SE3 E P� 53�" WA gK. 1 0 _ �- o I�NWAY 62B� AVD) R/W RKANSAS R KING JR. N ��TNE _- tMAR.� HAWKI NS ©WEIR EXHIBI T "A " E N G I N E E R S, I N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE Van Buren Fort Smith Fayetteville Little Rock TRACT 20 — VASILIKI INVESTMENTS, LLC (479) 474_1227 (479) 242.4685 I (479) 455-2206 I (501) 374-4846 FOR: CI TY OF FA YETTEVILLE, ARKANSA S www.hawkins-weir.com I DA TE: 0711212024 1 SCALE: 1 "— 30' I JOB NO. 2022129 Tract No. 24 Gregory S. Long and Lesa Long I US CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Gregory S. Long PO Box 66 Prairie Grove, AR 72753 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14705-000 2818 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Long The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $1,000.00 for the rights associated with the permanent easement (105 square feet) and $2,700.00 for the rights associated with the temporary construction and grading easement (905 square feet), for a total of $3,700.00. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sin erely, Tim N rider Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 1,916 SgFt retail building on 0.40 acres of commercial land. The city is relocating water and sewer easements along this corridor-. lulzrz� Date PHYSICAL CHARACTERISTICS Gregory 5 Long • 765-14705-000 Fayetteville AR 1,916 Before the Acquisition 17,424 SgFt - Land Proposed Water and Sewer Easement 105 SgFt - Land (Acquisition Area) After the Acquisition 17.319 SqFt - Land (Remainder) Remaining Rights in the Acquisition 105 SqFt - Land (Residual) Temporary Construction Easements 905 Ft•Land C-2; rhorouxhfarc Commcro.J • • . $ 402,500 Land Value Before the Acquisition 401,500 Land Value Aftsrthe Acquisition $ 1,000 Market Value of the Acquisition $ 2.700 TCE See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assul-es us that owners and customers will continue to have access and use of the parking and building during Construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non- permanent. It expressly restricts building wireless communication facilities. Zach J Holland, AR CG 291 1 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No. 765-14705-000 Tract No. 24 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Gregory S. Long and Lesa Long, husband and wife, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2017-00026276) Part of the W 112 of the NE 1/4 of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows, to -wit: Beginning at a point on the North Right -of -Way of U.S. Highway 62, which is West 526.1 feet and S18°08'E 69.0 feet, and S68°42'W 130.1 feet of the SE corner of the NW 1/4 of the NE 1/4 of said Section 19, and running thence N18°08'W 232.2 feet, thence S68°42'W 90.0 feet, thence S18°08'E 232.2 feet, thence N68°42'E 90 feet to the Point of Beginning. LESS & EXCEPT Part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at a State Monument being used as the Quarter corner of said Sections 18 and 19, thence South 02°15'32" West a distance of 1,312.90 feet to the Northwest corner of the Southwest Quarter of the Northeast Quarter of said Section 19, thence South 86°48'31'' East along the North line of the Southwest Quarter of the Northeast Quarter of said Section 19 a distance of 727 17 feet to a point on the Southwesterly right of way line of Oak Drive, thence South 15°31'16" East along said right of way line a distance of 107.11 feet to a point on the Northwesterly right of way line of U.S. Highway 62 (M.L.K. Jr. Blvd.) as shown on a Plat filed May 26, 2005 as 2005-00022724, thence South 71°02'40" West along said right of way line a distance of 77.86 feet to the POINT OF BEGINNING; thence continuing South 71°02'40" West along said right of way line of U.S. Highway 62 (M.L.K Jr. Blvd.) as established by ARDOT Job 040846: thence North 71043'02" East along said right of way line a distance of 89.96 feet to a point, thence South 16°03'30" East a distance of 18.19 feet to the POINT OF BEGINNING and containing 0.04 acres (1,683 square feet) more or less, as shown on plans referenced as ARDOT Job 040846. PERMANENT EASEMENT DESCRIPTION: Part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Commencing at the Northwest corner of said Southwest Quarter of the Northeast Quarter; thence along the North line of said Quarter -Quarter S86148'31"E 643.74'; thence S16°03'30"E 95.79' to the Point of Beginning, thence continuing S16003'30"E 6.84' to the North line of an existing City of Fayetteville water and sewer easement (filed for record in Book 861 Page 101), thence along said North easement line S71007'30"W 30.62'; thence N58°41'19"E 31.70' to the Point of Beginning, containing 105 square feet or 0.002 acres more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A 10.00' wide easement lying parallel and adjacent to the North line of the above -described permanent easement, containing 905 square feet or 0.02 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. Water/Sewer Easement Page 2 TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities The Grantee shall have the right to construct pipelines and/or make repairs to lines within the above -described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs 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. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of .2024. GREGORY S. LONG LESA LONG STATE OF ARKANSAS COUNTY OF WASHINGTON 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 Gregory S. Long and Lesa Long, husband and wife, to me well known as the person who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of , 2024 MY COMMISSION EXPIRES Notary Public W ¢ J 30 15 0 30 SCALE IN FEET 765-14705-000 LONG, GREGOR Y S. 2818 W MARTIN LUTHER KING BLVD 10' TEMPORARY CONSTRUCTION EASEMENT WA TER AND SANITARY ....... SEWER EASEMENT ,,....' >� ..�........,�.1 ,,,, t.......' VI ENT :::: :�1= FpYET SEME '��,!- TY 0 EWER G. 101 C1 S � WATER 8 . 86 R/W � NIGNWA JR 62 BLVD) 5 G AROVERKIN (M AR1IN � inHAWKINSoWEIR ENGI NEERS, INC. UTILITY Van Buren Fort Smith Fayetteville Little Rock (479) 474-1227 (479) 242-4685 I (479) 455-2206 I (501) 374-4846 EXHIBIT "A" RELOCATIONS FOR I-49 MLK INTERCHANGE TRACT 24 - GREGORY S. LONG FOR: CITY OF FAYETTEVILLE, ARKANSAS www.hawkins-weir.com I DATE.' 10 SCALE.- 1 "-30' JOB NO. 2022129 Tract No. 25 Hultquist Investments, LLC II CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Mr. Mike Hultquist Hultquist Investments, LLC 7201 W Shadow Valley Road Rogers, AR 72758 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14706-000 2804 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Hultquist: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $9,000.00 for the rights associated with the permanent easement (1,416 square feet) and $1,100.00 for damages, for a total of $10,100.00. Damages include the loss of professionally landscaped shrubs and temporary loss of parking. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sin rel Tim N 4 ander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 3,224 SgFt retail building on 0.40 acmes of commercial land. The city is relocating water and sewer easements along this corridor. See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. 1 r 1 size Date PHYSICAL CHARACTERISTICS Hultqulst Investments, LLC�,perty Owner 765 14706-000 Fayettevi I lely AR iAe 3,224 SqFt - Gross Building Area Before the Acquisition 17,424 SgFt - Land Proposed Water and Sewer Easement 1,416 SgFt - Land (Acquisition Area) After the Acquisition 16;008 Ft -land (Remainder) Romalnrng Rrghis In the AcgWsiuon • Land Residual C-z; Thom o Commerdal ting CONCLUSIONS $ 438,000 Land Value Before the Acquisition $ 429.000 Land Value After the Ac isition $ 9,000 Market Value of the Acquisition $ 700 Temporary Damazes $ 400 Damages After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non -permanent. It expressly restricts building wireless communication facilities. Damages: Damages include the loss of professionally landscaped shrubs and ternporary loss of parking. f'APPRAISFaIR- Zach J Holland, AR CG 291 1 Dallas Bartholomew, AR RA 441 2 Project 2022129 Parcel No. 765-14706-000 Tract No 25 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Hultquist 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2012-00039650) Part of the W/2 of the NE/4 of Section 19, Township 16 North. Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE Corner of the NW/4 of the NE/4 of said Section 19, thence North 89 degrees 16'18" West 569.52 feet to the Point of Beginning; and running thence South 18 degrees 08'00" East 96.53 feet to the Northerly Right of Way of U.S. Highway 62; thence South 68 degrees 00'54'' West along said Right of Way 90.0 feet, thence leaving said Right of Way North 18 degrees 0911" West 233.44 feet to an existing iron pipe, being the SW corner of Lot 9 of Rutledge Subdivision in the City of Fayetteville, Arkansas as per Plat thereof on tile in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, thence North 68 degrees 35' 10" East 90.03 feet to an existing iron pipe being the SE Corner of said Lot 9, thence South 18 degrees 08' East 136.02 feet to the Point of Beginning and containing 0.48 acres, more or less. LESS & EXCEPT Part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, Washington county, Arkansas, more particularly described as follows: Commencing at a State Monument being used as the Quarter corner of said Sections 18 and 19, thence South 02'15'3" West a distance of 1,312.90 feet to the Northwest corner of the Southwest Quarter of the Northeast Quarter of sad Section 19, thence South 86°48'31" East along the North line of the Southwest Quarter of the Northeast Quarter of said Section 19 a distance of 727.17 feet to a point on the Southwesterly right of way line of Oak Drive, thence South 15°31'16" East along said right of way line a distance of 81.95 feet to the POINT OF BEGINNING; thence continuing South 15031'16'' East along said right of way line a distance of 25.16 feet to a point on the Northwesterly right of way line of U.S. Highway 62 (M.L.K. Jr. Blvd.) as shown on a Plat filed May 26, 2005 at 2005-00022734, thence South 71 °02'40" West along said right of way line a distance of 77.86 feet to a point, thence North 16°03'30" West a distance of 18.19 feet to a point on the Northwesterly right of way line of U.S. Highway 62 (M L K. Jr. Blvd.) as established by ARDOT job 040846; thence North 65°58'51" East a distance of 78.76 feet to the POINT OF BEGINNING and containing 0.04 acres (1,687 square feet) more or less, as shown on plans referenced as ARDOT Job 040846. PERMANENT EASEMENT DESCRIPTION: Part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Commencing at the Northwest corner of said Southwest Quarter of the Northeast Quarter, thence along the North line of said Quarter -Quarter S86048'31"E 737.73 to the Southwest right-of-way of South Oak Road, thence along said Southwest right-of-way S15°28'18"E 45.92' to the Point of Beginning, thence continuing along said Southwest right-of-way S15128'18"E 21.50' to the North line of an existing City of Fayetteville water and sewer easement (filed for record in Book 856 Page 724), thence along said North easement line S71011'32"W 88.14'' thence N161)03'30"W 6.84" thence N58114119"E 67.58" thence N711)10'47"E 23.09' to the Point of Beginning, containing 1,416 square feet or 0.03 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. Water/Sewer Easement Page 2 The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct pipelines and/or make repairs to lines within the above -described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs 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 parry securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 2024. HULTQUIST INVESTMENTS, LLC, an Arkansas limited liability company M Mike Hultquist, President ACKNOWLEDGMENT STATE OFARKANSAS ss. COUNTY OF WASHINGTON 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 Mike Hultquist, to me well known as the person who executed the foregoing document, and who stated and acknowledged that is the President of Hultquist Investments, LLC, an Arkansas limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES; Notary Public , 2024. 1 O 30 15 0 30 1 SCALE IN FEET \ D 70 O 1 � 1 765-14706-000 HULTQUIST INVESTMENTS, L L C 2804 W MARTIN LUTHER KING BL VD TTE VILLE _YE \----<.CITY oF S EASENIENT O' �--, ACCES?014- - - ppC. 1 WA TER AND SANITARY -� -- - SEWER EASEMENT r VI��E EN TY pF F WETIE E �4 T - WATER K 856 --�. 1 B 1_- R/W GNWAY 62BLVD) ANSAS NI KING JR' �MARt1 AR N MOO fmHAWKINS&WEIR EXHIBIT "A" E N G I N E E R S. I N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE Van Buren I Forl Smith Fayetteville Little Rack TRACT 25 — HUL TQUIST INVESTMENTS, L L C (479) 474-1227 (479) 242-4685 I (479) 455-2206 I (501) 374-4646 FOR: CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.com I DA TE.• 0912JI2024 I SCALE, 1"=30' 1 JOH NO. 2022129 Tract No. 26 Bird Cold Storage Company CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Mr. Robert A. Vogel Bird Cold Storage Company C/O Auto Zone Inc. #3856 PO Box 2198 Dept 8700 Memphis, TN 38101 RE: Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14711-000 2790 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Vogel The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $12,000.00 for the rights associated with the permanent easement (1,777 square feet), $3,200.00 for the rights associated with the temporary construction and grading easement (1,079 square feet), and $500.00 for damages, for a total of $15,700.00. Damages include the loss of a professionally landscaped tree. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 documents, a check will be requested, and you will be paid the amount indicated in this offer letter. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. 4Sincre , Tim yander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 7,360 SgFt retail building on 0.90 acres of commercial land. The city is relocating water and sewer easements along this corridor. See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non -permanent. It expressly restricts building wireless communication facilities. Damages: Damages include the loss of a professionally landscaped tree. APPRAISERS: Zach J Holland, AR CG 2911 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No 765-14711-000 Tract No 26 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Bird Cold Storage Company, an Arkansas general partnership, 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 Grantee's successors and assigns. a permanent easement to construct, lay; remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2006-00036735) Part of the West 1/2 of the NE 1/4 of Section 19, Township 16 North, Range 30 West, being more particularly described as follows: Commencing at the SE corner of the NW 1/4 of the NE 114 of said Section 19, thence West 214.92 feet (record 221 feet) to a point in the center of US Highway 62; thence South 68' 27' 59" West 103.66 feet (record, South 780 48' West 104 feet) to a point in said centerline; thence North 19° 46' 10" West 40.13 feet to an existing iron rebar on the North right of way line of said Highway 62 for the true point of beginning, said point being the SW corner of a tract of land recorded in land record 2000-73345, thence South 68' 27' 59'' West 190.42 feet to a set 112" iron rebar at the intersection of the North right of way line of said Highway 62 with the East right of way line of Oak Road; thence leaving the North right of way line of said Highway 62, North 18' 08' 01" West 233.33 feet along the East right of way line of Oak Road to an existing iron pipe, thence leaving the East right of way line of Oak Road, North 59' 17' 46" East 187. 06 feet along the South line of the Rutledge Subdivision to the City of Fayetteville, Arkansas, to an existing iron rebar; thence leaving the South line of said subdivision, South 19' 46' 10" East 262.85 feet along the West line of a tract of land recorded in land document 2000-73345 to the point of beginning, containing 1.06 acres, more or less, Fayetteville, Washington County, Arkansas. The above described 1.06 acre tract being subject to a 30 foot wide utility easement, said easement lying North of and being adjacent to and parallel with the South boundary. LESS AND EXCEPT: Part of the West 112 of the NE 1/4 of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE corner of the NW 1/4 of the NE 1/4; thence along the South line of said Forty, North 87' 23' 35" West 214.92 feet; thence leaving said South line, South 71 ° 04' 24" West 103. 66 feet; thence North 17' 09' 45" West 40.13 feet to an existing 112 inch rebar on the North right of way line of US Highway 62 and the point of beginning; thence along said right of way line, South 71' 04' 24" West 190.41 feet to an existing 1/2 inch rebar on the East right of way line of Oak Road; thence along said right of way line, North 150 31' 36" West 15.11 feet to a point; thence leaving said right of way line, North 710 47' 09" East 125.39 feet to a point; thence North 67' 32' 32" East 64 80 feet to a point, thence South 170 09' 45" East 17.52 feet to the point of beginning, containing 0.06 acres, more or less, and being the same lands as conveyed to the City of Fayetteville, Arkansas, a municipal corporation, by Warranty Deed filed for record March 7, 2006, as land document number 2006-9306, records of Washington County, Arkansas. PERMANENT EASEMENT DESCRIPTION: Part of the Northwest Quarter of the Northeast Quarter and part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Commencing at the Southeast corner of said Northwest Quarter of the Northeast Quarter, thence along the South line of said Quarter -Quarter N86048'31"W 349.92' to the intersection of said South Quarter -Quarter line with the Northern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846); thence along said Northern right-of-way N70048'38"E 20.11' thence N17008'01"W 17,91' to the North line of an existing utility easement (filed for record as Document #023A-00000206) and the Point of Beginning; thence along said North easement line S67030'48"W 65.93', thence continuing along said North easement line S71045'25"W 98.01' to the East line of an existing 20' utility easement (filed for record as Document #023A-00000206); thence along said East easement line N13°59'03"W 22.49', thence N80113'33"E 110.25', thence N70034'19"E 53.10'; thence S17008'01"E 2.41' to the Point of Beginning, containing 1,777 square feet or 0.04 acres more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: Part of the Northwest Quarter of the Northeast Quarter and part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Water/Sewer Easement Page 2 Commencing at the Southeast corner of said Northwest Quarter of the Northeast Quarter, thence along the South line of said Quarter -Quarter N861148'31"W 349.92' to the intersection of said South Quarter -Quarter line with the Northern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846), thence along said Northern right-of-way N70148'38"E 20.11', thence N17°08'01' W 20.56' to the North line of the above described permanent easement and the Point of Beginning; thence along said North line S74039'24"W 52.91'; thence continuing along said North line S80013'33"W 110.34', thence N15°44'32"W 6.03', thence N80013'33"E 110.46'; thence N70034'19"E 52.66'; thence S17008'01"E 9.78' to the Point of Beginning, containing 1,079 square feet or 0.02 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 2024. BIRD COLD STORAGE COMPANY, an Arkansas general partnership By: Robert A. Vogel Management, LLC, general partner BY: Robert A. Vogel, Manager Water/Sewer Easement Page 3 ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON 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 Robert A. Vogel, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Manager of Robert A. Vogel Management, LLC, a general partner of Bird Cold Storage Company, an Arkansas general partnership, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2024. MY COMMISSION EXPIRES: Notary Public J 40 20 0 40 O r a J SCALE IN FEET 0 0 U U 3 ` 1 W � � 1 ZO , Q � 1 111 M 765-14711-000 1 BIRD COLD STORAGE COMPANY 2790 W MARTIN L U THER KING BL VD � 1 N f A 1 O 1 V/ ` a '1 1 o � , N 10 1 TEMPORARY o CONSTRUCTION EASEMENT WA TER AND SANITARY - l 1 a� �..y� W o a SEWER EASEMENT -EASE �p206 _/ + UjIL11Y 00° � - z ' 000 #023A� - i �NWAY 62BLVD) ANSAS NI KIND JR. w ARK LUTMER Z MAR"N O HAWKI NS 6WE I R EXHIBI T "A" ENGIIm N E E R S, I N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE TRACT 26 - BIRD COLD STORAGE COMPANY Van Buren I Fort Smith I Fayetteville Little Rock (479) 474-1227 (479) 242-4685 (479) 455-2206 I (501) 374. S46 FOR: CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.com I DATE.• 10 SCALE.- 1SCALE.• 1 "=401JOB NO. 2022129NO. 2022129 Tract No. 28 RPC Land Holdings, LLC IWA CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Mr. Ronald W. Connolly RPC Land Holdings; LLC 16670 Sugar Creek Road Garfield, AR 72732 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14700-000 2724 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Connolly: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $31,000.00 for the rights associated with the permanent easement (4,289 square feet) and $8,600.00 for the rights associated with the temporary construction and grading easement (2,883 square feet), for a total of $39,600.00. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents; a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sinc rely Tim Nya der Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 4,335 SgFt automotive dealership on 1.30 acres of commercial land. The city is relocating water and sewer easements along this corridor. I Il18/24'%ffective Date PHYSICAL CHARACTERISTICS �� RPC Land Holdings, LLC Property Owner 765-14700-000 Fayetteville City AR"'tate 4,335SqFt - Gross Building Area Before the Acquisition 56,628 SgFt - Land Proposed Water and Sewer Easement 4,289 SgFt - Land (Acqulsidon Area) After the Acquisition 52.334 SqFt - Land(Remainder) Remaining Rights In the A 4.289 SqFt - Land Residual Temporary Construction Easements _ 2,880_ SciFt - Land C-2; Thoroughfare Commercial CONCLUSIONS $ 1,657,000 Land Value Before the Acquisition ' uisitlon $ 31,000 Market Value of the Acquisition $ 8,600 TCE See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non -permanent. It expressly restricts building wireless communication facilities. APPIRAlSERS: Zach J Holland, AR CG 2911 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No 765-14700-000 Tract No. 28 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS THAT RPC Land Holdings, LLC, an Arkansas limited liability company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2021-00000129) Part of the NW of the NE of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, described as follows, to -wit: Beginning at a point on the North line of the right of way of U.S. Highway No. 62, which is N39°W of a point on the North line of the former right of way of the 0 & C.C. (Frisco) Railroad, which is 50 feet North of the SE corner of said 40 acre tract, thence N39°W, with an old fence line, 264 feet to the corner with new fence, thence Westerly with said new fence line, 210 feet; thence South bearing East with new fence line 256 feet to the North line of the right of way of U.S. Highway No. 62; thence in an Easterly direction with the North line of said Highway, 298 feet to the beginning point, containing 1.5 acres, more or less. LESS AND EXCEPT That portion deeded to the Arkansas State Highway Commission in Deed 1060 at Page 478 described as part of the NW of the NE of Section 19, Township 16 North, Range 30 West, Washington County. Arkansas, more particularly described as follows Starting at the SE corner of the NW of the NE of Section 19; thence NO2°06'E along the East line a distance of 130.1 feet to a point on the Northerly existing right of way line of U.S. Highway 62; thence S70045'W along said existing right of way line a distance of 236.3 feet for the point of beginning, thence continue S70°45W along said existing right of way line a distance of 25.0 feet to a point on the Northerly proposed right of way line of U.S. Highway 62, thence N52°19'E along said proposed right of way line a distance of 15.8 feet to a point, thence S82°41'E along said proposed right of way line a distance of 11.2 feet to the point of beginning and containing 62 square feet, more or less. LESS AND EXCEPT Part of the SW/4 of the NE/4 and part of the NW/4 of the NE/4 of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at a State Monument being used as the Quarter corner of said Sections 18 and 19, thence South 02°15'32" West a distance of 1,312.90 feet to the Northwest corner of the SW/4 of the NE/4 of said Section 19; thence South 86°48'31" East along the North line of the SW/4 of the NE/4 of said Section 19 a distance of 980.21 feet to a point on the Northeasterly right of way line of U.S. Highway 62 (M.L.K. Jr. Blvd.) for the POINT OF BEGINNING; thence North 17'08'01" West along said right of way line a distance of 8.16 feet to a point on the Northeasterly right of way line of U.S. Highway 62 (M.L.K. Jr. Blvd.) as established by ARDOT Job 040846, thence North 70°48'38" East along said right of way line a distance of 271.69 feet to a point, thence North 34°04'27" East along said right of way line a distance of 24.92 feet to a point, thence South 35°10'44" East a distance of 37.27 feet to a point on the Northeasterly right of way line of U S. Highway 62 (M.L.K. Jr. Blvd.) as established by AHTD Job 4705-2; thence South 71 °02'40" West along said right of way line a distance of 302.63 feet to a point, thence North 17°08'01" West a distance of 11.53 feet to the POINT OF BEGINNING and containing 0.14 acres (6,255 square feet) more or less, as shown on plans referenced as ARDOT Job 040846. PERMANENT EASEMENT DESCRIPTION: Part of the Northwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Commencing at the Southeast corner of said Northwest Quarter of the Northeast Quarter, thence along the South line of said Quarter -Quarter N86048'31"W 349.92' to the intersection of said South Quarter -Quarter line with the Northern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846). thence along said Northern right-of-way N70148'38"E 20.11', thence N17108'01"W 5.31' to the North line of an existing City of Fayetteville water and sewer easement (filed for record in Book 829 Page 868) and the Point of Beginning, thence continuing N17°08'01"W 15.01', thence N71°02'36"E 289.72'; thence S35010'44"E 4 40' to said Northern right-of-way; thence along said Northern right-of-way S34°04'27"W 17.93' to said North easement line, thence Water/Sewer Easement Page 2 along said North easement line S71002'40"W 277.10' to the Point of Beginning, containing 4,289 square feet or 0.10 acres more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A 10.00' wide easement lying parallel and adjacent to the North line of the above -described permanent easement, containing 2,880 square feet or 0.07 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of , 2024. RPC LAND HOLDINGS, LLC, an Arkansas limited liability company BY: Ronald W. Connolly, Managing Member Water/Sewer Easement Page 3 ACKNOWLEDGMENT STATE OFARKANSAS 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, Ronald W. Connolly, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is a Managing Member of RPC Land Holdings, LLC, an Arkansas limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES Notary Public 2024. Y 50 25 0 50 O r J SCALE IN FEET J J U \ U U 3 w z z \a a � o \ 765-14700-000 \ ' RPC LAND HOLDINGS LLC 0 1 2 72 4 W MARTIN LUTHER KING BL VD CITY OF FA YETTEVILLE WATER & SEWER EASEMENT_..,.- BK. 829 PC 868 _ .. . ' ' 10' TEMPORARY CONSTRUCTION EASEMENT 10' N WA TER AND SANITARY -• • .... , SEWER EASEMENT R/W �HWAY 62BLVD) KANSAS NIKINc' JR. 2 R �DTMER RTIN O N R�W HAWKINS 6WE IR EXHIBIT "A" ENGI N E E R s, i N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE Van Buren I Fart Smith FayettevilleLittlele Rock TRACT 28 — RPC LAND HOLDINGS, LLC (479) 474-1227 (479) 242A685 I (479) 455.2206 I (501) 3744846 FOR: CITY OF FA YETTEVILLE, ARKANSAS tit www.hawkins-weir.com I DATE: 11 SCALE 1"=SCALE 1 501JOB NO. 2022129NO. 2022129 Tract No. 32 Halbert Properties, LLC CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Ms. Ida Carolyn Halbert Halbert Properties, LLC 1228 Reed Valley Road Fayetteville, AR 72704 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14670-000 2675 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Ms. Halbert: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to; moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $7,000.00 for the rights associated with the permanent easement (3,474 square feet) and $2,000.00 for damages, for a total of $9,000.00. The construction -related damages will result in a partial and temporary restriction of parking access at the entrance point. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sinc reI Tim N ander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 4,000 SgFt retail shop on 0.72 acres of commercial land. Most of the site is in the flood plain and floodway. 11/20/2024 Effective Date PHYSICAL CHARACTERISTICS ]JIV Halbert Properties LLC Property Owner 765-14670-000 & Parcel Fayetteville City AR 4,000 Before the Acquisition 31,363 SgFt - Land Proposed Water and Sewer Easement 3,474 SgFt - Land (Acquisition Areal After the Acquisition 27.889 SgFt - Land (Remainder) Remaining Rights In the Acquisition 3,474 SgFt - Land (Residual) C-2: Thoroughfare Commercial $ 420,000 Land Value Before the Acquisition 413,000 Land Value After the Acqulsition $ 7,000 Market Value of the Acquisition $ 2,000 Temporary Damages The city is relocating water and sewer easements along this corridor. See mapping for specific locations. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The building appears to be unaffected by the acquisition. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non- permanent. It expressly restricts building wireless communication facilities. Damages: The construction will partially and temporarily restrict and limit the parking lot at the entrance point. Zach J Holland, AR CG 291 1 Project 2022129 Parcel No 765-14714-000 & 765-14748-000 Tract No. 32 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Halbert Properties, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2013-00011513) Part of the Northeast Quarter (NEI/4) of the Northeast Quarter (NEI/4) of Section Nineteen (19), Township Sixteen (16) North, Range Thirty (30) West, more particularly described as follows, to -wit: Beginning at a point 145.05 feet East of the Southwest corner of said 40-acres tract, and running, thence East 132.45 feet; thence North 191.00 feet to the center line of U.S. Highway No. 62; thence South 69°15' West along the center line of said Highway 140.00 feet; thence South to the place of beginning. Except that portion contained in Highway 62, along the North side thereof. Less and Except: Part of the Northeast Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at a point being used as the Northeast Sixteenth Corner of Section 19, thence South 86 °54' 56" East along the South line of the Northeast Quarter of the Northeast Quarter of Section 19 a distance of 32.53 feet to a point on the Easterly right of way line of East Farmers Drive established by City of Fayetteville Master Street Plan, thence North 01 °26'35" West along said right of way line a distance of 38.31 feet to a point on the Southerly right of way line of U.S. Highway 62 as established by AHTD Job 4705 Sec. 2; thence North 52 °36'34" East along said right of way line a distance of 9.33 feet to a point, thence North 71 °02'40" East along said right of way line a distance of 68.00 feet to a point; thence North 71 049'46" East along said right of way line a distance of 49.37 feet to the POINT OF BEGINNING, thence continue North 71 °49'46" East along said right of way line a distance of 106.38 feet to a point, thence North 73 °41 '46" East along said right of way line a distance of 30.95 feet to a point; thence North 72 '1553" East along said right of way line a distance of 4.79 feet to a point; thence South 03 °27'43" West a distance of 13.66 feet to a point on the Southerly right of way line of U.S. Highway 62 as established by AHTD Job 040485: thence South 74 °29'05" West along said right of way line a distance of 140.09 feet to a point; thence North 03 °27'43" East a distance of 7.80 feet to the point of beginning and containing 0.03 acres more or less (1,475 sq. ft. more or less) as shown on plans prepared by the AHTD referenced as Job 040485. Less and Except: A part of the Northeast Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Starting at the Southwest Corner of the Northeast Quarter of the Northeast Quarter of Section 19; thence North 02 006' East along the West line of the Northeast Quarter of the Northeast Quarter of Section 19 a distance of 54.9 feet to a point on the existing Southerly right of way line of U.S. Highway 62; thence North 70 °45' East along said existing right of way line a distance of 99 1 feet to a point, thence in a Northeasterly direction along said existing right of way line on a curve right having a radius of 5699.58 feet a distance of 57.06 feet to a point for the point of beginning, thence continue in a Northeasterly direction along said existing right of way line on a curve to the right having a radius of 5599.58 feet a distance of 141.60 feet to a point, thence South 02 `!T West a distance of 16.5 feet to a point on the proposed Southerly right of way line of said U S. Highway 62, thence South 73 °!9' West along said proposed right of way line a distance of36.9 feet to a point; thence South 71 °32' West along said proposed right of way line a distance of 1 05.3 feet to a point; No rth orth 03 °53' East a distance of 16.8 feet to the point of beginning and containing 0.05 acres, more or less. PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southwest corner of said Northeast Quarter of the Northeast Quarter, thence along the South line of said Quarter -Quarter S86055'08"E 145.05'; thence N03031'38"E 31.87' to the Point of Beginning. thence N03031'38"E 26.27' to the Southern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846); thence along said Southern right-of-way N75042'15"E 139.07', thence S03033'48"W 26.21'; thence S75040'45°W 139.07' to the Point of Beginning, containing 3,474 square feet or 0.08 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. Water/Sewer Easement Page 2 TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct pipelines and/or make repairs to lines within the above -described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs 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. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of STATE OF ARKANSAS COUNTY OF WASHINGTON , 2024. HALBERT PROPERTIES, LLC, an Arkansas limited liability company By its sole member: Ida Carolyn Halbert Revocable Trust Under Declaration dated October 20, 2015 BY: Ida Carolyn Halbert, Trustee and Manager 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, Ida Carolyn Halbert, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that she is the Trustee of the Ida Carolyn Halbert Revocable Trust under Declaration dated October 20, 2015, sole member and manager of Halbert Properties, LLC, and is duly authorized in her respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that 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: Notary Public 2024. a - ■ U Ia 3' w T1 Y 20 10 0 20 �_ � I SCALE IN FEET S NIGNWAYR BLVW ARKANUER KING J (MARTIN L I WA TER AND SANI TAR Y I w _ — w , SEWER EASEMENT a � r w � r J r W 1 � 765-14670-000 a , ' HALBERT PROPERTIES LLC I ; 2675 W MARTIN LUTHER KING BL VD I r c , r J , r � , I T T HAWKINS 6WE IR EXHIBIT "A" ENGI N E E R S. i N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE TRACT 32 — HALBERT PROPERTIES LLC Van 9urm! Fort Smith Fayetteville Little Rock 14 (479) 474-1227 1 (479) 242-4685 I (479) 455-2206 I (501) 374-4946 FOR: CITY OF FA YFTTEVILLE, ARKANSAS :; www.hawkins-weir.com DA TE.- 07/12 2024 SCALE: 1"-20' JOB N0. 2022129 Tract No. 35 University Square, LLC CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Mr. Narry Krushiker University Square, LLC PO Box 7479 Springdale; AR 72766 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14685-000 2612 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Krushiker: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to; moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $21,000.00 for the rights associated with the permanent easement (2,502 square feet). This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. 4;,%4 Tim Nyander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a +-/-44,641 SgFt in three detached buildings on 3.90 acres of commercial land. The buildings include 2 neighborhod shopping centers totaling +/-43,341 SgFt and +/-1,300 SgFt retail building. The city is relocating water and sewer easements along this corridor. Universitv Snuare_ LLC Before the Acquisition 169.884 SaFt - Land Proposed Water and Sewer Easement 2,502 SgFt - Land (Acquisition Area) C-2: Thoroughfare Commercial 5,647,000 Land Value Before the Acquisition 5 A2b nnn i anri Varlln Gfrnr r116 Arnijieirinn 21,000 Market Value of the Acquisition See mapping for specific locations. They have rninimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non -permanent. It expressly restricts building wireless communication facilities. 'AIPPRAN FRc Z-ach j Holland, AR CG 29 1 1 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No 765-14743-000 Tract No 35 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT University Square, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2002-00104293) A PART OF THE NE 1/4 OF SECTION 19, T-16-N, R-30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF THE RIGHT-OF-WAY OF HIGHWAY 62 WHICH POINT IS 742.50 FEET WEST OF THE EAST LINE OF NW 1/4 OF THE NE 1/4 OF SAID SECTION 19, THENCE NORTH 676.00 FEET, THENCE WEST 300.01 FEET, THENCE SOUTH 774.44 FEET TO THE CENTER OF THE RIGHT-OF-WAY OF SAID HIGHWAY 62, THENCE N 71.50, E, WITH THE CENTERLINE OF SAID RIGHT-OF-WAY, 315.74 FEET TO THE POINT OF BEGINNING, CONTAINING 4.99 ACRES, MORE OR LESS. LESS & EXCEPT: A 0.17 ACRE TRACT CONVEYED TO THE ARKANSAS STATE HIGHWAY COMMISSION BY A WARRANTY DEED RECORDED DECEMBER 20, 1979, IN DEED RECORD BOOK 1007, AT PAGE 606. ALSO, LESS & EXCEPT: A 0.336 ACRE TRACT CONVEYED TO THE ARKANSAS STATE HIGHWAY COMMISSION BY A QUITCLAIM DEED RECORDED AS LAND DOCUMENT #2000100196. THE ABOVE DESCRIBED 4. 484 ACRE TRACT NOW BEING MORE ACCURATELY DESCRIBED BY A PLAT OF SURVEY BY ALAN REID & ASSOCIATES; DATED OCTOBER 9, 2000, DESIGNATED AS JOB #00442, AS FOLLOWS: A PART OF THE NE 1/4 OF THE NE 1/4 OF SECTION 19, T-16-N, R-30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING AN EXISTING IRON REBAR: THENCE N 87°04'58" W, ALONG THE NORTH LINE OF SAID 40 ACRE TRACT 806.23 FEET: THENCE S 02°55'02" W, 365.65 FEET TO AN EXISTING IRON REBAR ON THE WESTERLY RIGHT-OF-WAY OF U.S. HIGHWAY #540 FOR THE TRUE POINT OF BEGINNING: THENCE S 12"01'05" E, ALONG SAID RIGHT-OF-WAY 139.06 FEET TO AN EXISTING RIGHT-OF-WAY MONUMENT; THENCE S 22°03'25" E, ALONG SAID RIGHT-OF-WAY 72.63 FEET TO AN EXISTING IRON AT THE NW CORNER OF LAND PARCEL #765- 14664-000, RECORDED IN DEED BOOK 1324 AT PAGES 186 THRU 190: THENCE LEAVING SAID RIGHT- OF- WAY S 02049'01 "W, ALONG THE WEST LINE OF THE ABOVE REFERENCED PARCEL 410.03 FEET TO AN EXISTING IRON ON THE NORTH RIGHT-OF-WAY OF U.S. HIGHWAY #62 AT THE SW CORNER OF THE ABOVE REFERENCED PARCEL; THENCE S 71006'14" W, ALONG SAID NORTH RIGHT-OF-WAY 162.08 TO AN EXISTING PIPE; THENCE S 72035'24" W, ALONG SAID NORTH RIGHT-OF-WAY 154.29 FEET TO AN EXISTING RIGHT-OF-WAY MONUMENT; THENCE S 76°45'42" W, ALONG SAID NORTH RIGHT-OF-WAY, 3.16 FEET TO AN EXISTING IRON, THENCE LEAVING SAID NORTH RIGHT-OF-WAY N 02041'55" E, 724.20 FEET TO A POINT FROM WHICH AN EXISTING IRON BEARS S 02°41'55" W, .60 FEET; THENCE S 87015'47" E, 233.74 FEET TO THE POINT OF BEGINNING, CONTAINING 4.418 ACRES, MORE OR LESS. PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Northeast Quarter; thence N86°22'20"W 733.50', thence S03°37'40"W 557.13' to the West right-of-way of South Shiloh Drive; thence S02°48'59"W 368,78' to the Point of Beginning, thence continuing S02°48'59"W 17.24' to the North line of an existing City of Fayetteville water and sewer easement (filed for record in Book 829 Page 865), thence along said North easement line S70°52'19"W 40.67', thence continuing along said North easement line S70°02'15"W 41.47' to the intersection of the North line of an existing 20.00' utility easement (filed for record as Document #2002- Water/Sewer Easement Page 2 118059); thence along the North line of said 20.00' utility easement S74°22'23"W 261.42' to the East line of an existing 15.00' utility easement (filed for record as Document #2002-118059), thence along the East line of said 15.00' utility easement N18°05'14"W 2.11'; thence N72°40'08"E 314.15'; thence N32°01'45"E 9.57' thence N59°56'49"E 22.22'; thence N87°26'06"E 6.42' to the Point of Beginning, containing 2,502 square feet or 0.06 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct pipelines and/or make repairs to lines within the above -described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs 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 It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of , 2024. UNIVERSITY SQUARE, LLC, an Arkansas limited liability company Wil Narry Krushiker, Member ACKNOWLEDGMENT STATE OFARKANSAS ss. COUNTY OF WASHINGTON 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, Narry Krushiker, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is a Member of University Square, LLC, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: Notary Public 2024 5 t t t t t t t 60 30 0 60 765-14685-000 SCALE IN FEET UNIVERSITY SQUARE, LLC ; W MARTIN LUTHER KING BL VD ; t t t t , , I t � t t Jv ACCESS EASEMENT DOC. #2002-118059 ! --------------------- A - CITY OF FAYETTEVILLE& SEWER I ; WA TER AND SANI TAR WA TERBK. 829 PGE865MENT SEWER EASEMENT J� 15' UTILITY EASEMENT 'rJ/ DOC. #2002-118059 20' UTILITY EASEMENT ' DOC. #2002-118059 t ,- R/W S AKNI THER (MARTIN L HIGHWAY 6 BLVD) KING �R. R/W R/W I I ENGIhwHAWKINS®WEIR EXHIBIT "A" N E E R S, i N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE Van Buren I Fort Smith Fayetteville Little Rack TRACT 35 — UNIVERSITY SQUARE, LLC (479) 474-1227 (479) 2424685 (479) 455-2206 I (501) 374-4846 FOR: CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.com DA TE.• 07 12 2024 SCALE.- 1 "= 60' JOB N0. 2022129 Tract No. 36 Western Park, LLC P� * , o FAYETTEVILLE & O W A U C A C December 13, 2024 Mr. Lou Bitove Western Park, LLC 31200 Northwestern Hwy Farmington Hills, MI 48334 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14743-000 2575 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Bitove: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $4,000.00 for the rights associated with the permanent easement (4,484 square feet). This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions, Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sincer y Ti!gander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property is the entrance driveway of a 16.94 acre mobile home park. The city is relocating water and sewer- easements along this corridor. See mapping for specific locations. Proposed Water and Sewer Easement 4,484 SgFt - Land (Acquisition Area) Ater the Acquisition 733,292 SgFt - Land (Remainder) Remaining Rights In the Acquisition Area ri-W7 4.484 SgFt - Land (Residual) Not $ 6,243,000 Land Value Before the Acquisition "rl6.239,000 Land Value After the Acquisition $ 4,000 Market Value of the Acquisition Due to the narrows driveway and floodway and floodplain, the acquisition area is effectively unbuildable and only useful as driveways, green space or srgnage. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the mobile home park and driveway do not appear to be permanently damaged by the new easements. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non- permanent. It expressly restricts building wireless communication facilities. Zach J Holland, AR CG 291 1 Project 2022129 Parcel No. 765-14743-000 Tract No. 36 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Western Park, LLC, 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, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2012-00038333) A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE NORTHEAST QUARTER (NE1/4) AND A PART OF THE NORTHEAST QUARTER (NE1/4) OF THE NORTHEAST QUARTER (NE1/4) ALL IN SECTION NINETEEN (19), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SEI/4) OF THE NORTHEAST QUARTER (NE1/4) OF SAID SECTION NINETEEN (19); THENCE SOUTH 89' 41' 04" WEST ALONG THE NORTH LINE OF SAID 40 ACRE TRACT 476.40 FEET; THENCE SOUTH 00° 00' 19" EAST 237.94 FEET TO AN EXISTING IRON FOR THE TRUE POINT OF BEGINNING; THENCE SOUTH 00' 00' 40" WEST 1091.01 FEET TO AN EXISTING IRON; THENCE NORTH 85' 57' 53" WEST 201.18 FEET TO AN EXISTING IRON; THENCE SOUTH 89' 38' 00" WEST 395,21 FEET TO AN EXISTING IRON; THENCE NORTH 000 01' 44" EAST 162.45 FEET TO AN EXISTING IRON; THENCE SOUTH 89' 41' 54" EAST 12.99 FEET TO AN EXISTING IRON; THENCE 329.64 FEET TO A CHISELED "X"; THENCE NORTH 00° 38' 26" EAST 231.51 FEET TO AN EXISTING IRON OF THE SOUTH RIGHT-OF-WAY LINE OF U.S. IDGHWAY #62; THENCE NORTH 750 12' 30" EAST ALONG SAID RIGHT-OF-WAY LINE 62.20 FEET TO AN EXISTING IRON; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 000 38' 52" WEST 247.05 FEET TO AN EXISTING SURVEYORS NAIL; THENCE SOUTH 31 '28' 54" WEST 145.22 FEET TO AN EXISTING IRON; THENCE SOUTH 000 00' 28" EAST 114.52 FEET TO AN EXISTING CHISELED "X" IN CONCRETE; THENCE NORTH 890 31' 04" EAST 282.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT ALL THAT PART DEEDED TO THE ARKANSAS STATE HIGHWAY COMMISSION AS SHOWN BY INSTRUMENT NO. 2010- 19515, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT BEING USED AS THE NORTHEAST SIXTEENTH CORNER OF SECTION 19; THENCE SOUTH 860 54' 56" EAST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19 A DISTANCE OF 32.53 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF EAST FARMERS DRIVE AS ESTABLISHED BY CITY OF FAYETTEVILLE MASTER STREET PLAN PLAT; THENCE NORTH 01'26' 35" WEST LONG SAID RIGHT OF WAY A DISTANCE OF 38.31 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 62 AS ESTABLISHED BY AHTD JOB 4705 SEC. 2; THENCE NORTH 520 36' 34" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 9.33 FEET TO A POINT; THENCE NORTH 71'02' 40" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 68.00 FEET TO A POINT; THENCE NORTH 71' 49' 46" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 155.75 FEET TO A POINT; THENCE NORTH 730 41' 46" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 30.95 FEET TO A POINT; THENCE NORTH 720 15' 53" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 192.94 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 62 AS ESTABLISHED BY AHTD JOB 9447; THENCE NORTH 790 21' 32" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 131.01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 79' 21' 32" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 58.21 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 62 AS ESTABLISHED BY AHTD JOB 040485; THENCE SOUTH 750 54' 09" WEST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 59.21 FEET TO A POINT; THENCE NORTH 030 27' 43" EAST A DISTANCE OF 3.68 FEET TO THE POINT OF BEGINNING AND CONTAINING 104 SQ. FT., MORE OR LESS AS SHOWN ON PLANS PREPARED BY THE AHTD REFERENCED AS JOB 04085. 12/21109 REV. JB 01104/10. Water/Sewer Easement Page 2 PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southeast corner of said Northeast Quarter of the Northeast Quarter; thence along the South line of said Quarter -Quarter N86155'08"W 678.38'; thence N03127'56"E 74.06' to the Point of Beginning; thence N89024'50"W 58.43' thence N04007'29"E 122,92' to the Southern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846), thence along said Southern right-of-way N79°24'24"E 15.50'; thence S02024'38"W 100.74', thence S89124'50"E 40.10', thence S03127'43"W 4.45'; thence S03127'56"W 20.58' to the Point of Beginning, containing 3,099 square feet or 0.07 acres more or less. ALSO Part of the Northeast Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southeast corner of said Northeast Quarter of the Northeast Quarter; thence along the South line of said Quarter -Quarter N86055'08"W 678.38', thence N03027'56"E 94.65'; thence N03127AYE 20 64' to the Point of Beginning, thence N 16143'54"W 90.74' to the Southern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846); thence along said Southern right-of-way N79°24'24"E 25.14'; thence S16043'54"E 20.08'; thence S03027'43"W 72.42' to the Point of Beginning, containing 1,385 square feet or 0.03 acres more or less Containing a net total of 4,484 square feet or 0.10 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct pipelines and/or make repairs to lines within the above -described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs 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 parry securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee Water/Sewer Easement Page 3 WITNESS the execution hereof on this day of 2024 STATE OF WESTERN PARK, LLC, a Delaware limited liability company BY Joel Brown, Director 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, Joel Brown, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is a Director of Western Park, LLC, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2024. MY COMMISSION EXPIRES. Notary Public W 0 Z a 30 15 0 30 l SCALE IN FEET R/W HIGHWAY 62 ARKANSAS KING A BLVD) i MARTIN LUTHER RPW _ t 1 , t t , � 1 I 1 A t 1 1 , t ' 1 � t t ' 1 � t 1 tV1 1 ' 1 � 1 t , 1 ' WA TER AND SANI TAR Y - SEWER EASEMENT 1 - I , i 765-14743-000 WESTERN PARK LLC 2575 W MARTIN LUTHER KING BL VD ENGIInHAWKINSoWEIR EXHIBIT "A" N E E R S, i N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE Van Buren Fort Smith Fayetteville Little Rack TRACT 36 — WESTERN PARK LLC (479) 474-1227 I (479) 242-4685 I (479) 455-2206 I (501) 374-4846 FOR: CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.com DA TE: 07 1212024 1 SCALE.- 1"=30' I JOB NO. 2022129 Tract No. 39 LLEJ Shiloh, LLC r� CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Mr. Leonard Boen LLEJ Shiloh, LLC 1 Remington Drive, Suite 100 Little Rock, AR 72221 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14674-000 1255 S SHILOH, Fayetteville, AR (Offer Letter) 19TER1iJiM-00=1 The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to; moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $2,000.00 for the rights associated with the permanent easement (1,373 square feet). This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteviIIe-ar.gov A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sinc re , 0 Tim Nyander Utilities Director TN/bs Enclosures Before the Acquisition 13 SO4 SnFt _ I anrd Proposed Water and Sewer- Easement I �%� SnFt _ I anrd /Q`-ni�icitinn L1rra1 After the Acquisition 12.131 SgFt - Land (Remainder) 144,000 Land Value Before the Acquisition 142-000 Land Value After the Arnursitinn 2,000 Market Value of the Acquisition EXECUTIVE SUMMARY Before the acquisition, the subject property consists of 0.31 acres of vacant commercial land. Due to floodway and floodplain, it is effectively an unbuildable parcel only useful as green space or signage. The city is relocating water and sewer easements along this corridor. See mapping for specific locations. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. There is a paved driveway and a sign that are not in the easement area and appear unaffected. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non -permanent. It expressly restricts building wireless communication facilities. APPRAISERS. Zach J Holland, AR CG 2911 Project 2022129 Parcel No 765-14674-000 Tract No 39 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT LLEJ Shiloh, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2020-00012196) A tract of land located In the NE of the NE of Section 19, Township 16 North, Range 30 West of the 5th PM, Washington County, Arkansas, more particularly described as follows: Commencing at the Southeast corner of the NE of the NE of said Section 19, and run along the South line of said NE of the NE S88"51'W 403 37 feet to a point on the Westerly right of way line of the lands deeded to the Arkansas State Highway Commission In Warranty Deed Volume 1002, Page 528, for the point of beginning, thence continuing along said South line S88"51'W 128.74 feet, thence leaving said South line N 268.28 feet to said Westerly right of way line; thence along said right of way line the following courses: S56°23`55'E 96.72 feet, thence S13°06'W 32.0 feet, thence S25°34'E 75.0 feet, thence S56"32'E 29.2 feet: thence S32042'E 74.1 feet to the point of beginning, containing 0.33 acres, more or less. LESS and EXCEPT That portion of the above described property conveyed to the Arkansas State Highway Commission in Warranty Deed filed for record as File No. 2010-00012108, Records of Washington County, Arkansas, being more particularly described as follows: Part of the NE of the NE of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at a point being used as the Northeast Sixteenth Corner of Section 19, thence S86°54'56"E along the South line of the NE of the NE of Section 19 a distance of 32.53 feet to a point on the Easterly right of way line of East Farmers Drive as established by the City of Fayetteville Master Street Plan thence N01 °26'35"W along said right of way line 38.31 feet to a point on the Southerly right of way line of US Highway 62 as established by AHTD Job 4705 Sec. 2; thence N52°36'34"E along said right of way line 9.33 feet; thence N71°02'40"E along said right of way line 68.00 feet; thence N71 °49'46"E along said right of way line 155.75 feet: thence N73°41'46"E along said right of way line 30.95 feet; thence N72°15'53"E along said right of way line 192.94 feet to a point on the Southerly right of way line of US Highway 62 as established by AHTD Job 9447: thence N79021'32"E along said right of way line 338.68 feet to a point on the Westerly right of way line of 1-540 as established by AHTD Job 4706 Sec. 3; thence S20019'18"E along said right of way line 0.92 feet to the Point of Beginning, thence continue S20°19'18"E along said right of way line 113.13 feet; thence S16°40'48"W along said right of way line 10,99 feet to a point on the Westerly right of way line of 1-540 as established by AHTD Job 040485; thence N 23049'54"W along said right of way line 92.06 feet, thence N01 °52'36"E 32.43 feet to the point of beginning, containing 0.02 acres, more or less. PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southeast corner of said Northeast Quarter of the Northeast Quarter; thence along the South line of said Quarter -Quarter N86055'08"W 525.37'; thence N01059'12"E 73.65' to the Point of Beginning; thence N01059'12"E 24.09'; thence N01152'36"E 17.89'; thence S71001'52"E 26.61' to the West line of an existing City of Fayetteville water and sewer easement (filed for record in Book 1016 Page 507); thence along said West easement line S21052'38"E 41.30'; thence N88042'42"W 36.03'; thence N54040'50"W 7.29' to the Point of Beginning, containing 1,373 square feet or 0.03 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. Water/Sewer Easement Page 2 The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct pipelines and/or make repairs to lines within the above -described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs 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 It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 2024. LLEJ SHILOH, LLC, an Arkansas limited liability company M. Leonard Boen, Manager ACKNOWLEDGMENT STATE OFARKANSAS ss. COUNTY OF WASHINGTON 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, Leonard Boen, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Manager of LLEJ Shiloh, LLC, an Arkansas limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES Notary Public 2024. 5 r 40 20 0 40 SCALE IN FEET RKANSAS AR t4 (MTIN LU THER HIGNWA JR BLVD) KING ` !II M I ` un 0 i i i t� G 3 WA TER AND SANITARY ��, o SEWER EASEMENTCD ,) om� � z \ k �\ 765-14674-000 LLEJ SHILOH, LLC 1255 S SHILOH DR HAWKINSoWEIR EXHIBIT "A" ENGI N E E R S, i N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE Van Buren Fort Smith Fayetteville Little Rock TRACT 39 - LLEJ SHILOH, LLC (479) 474-1227 I (479) 2424665 I (479) 455-2206 I (501) 374-4U6 FOR: CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.com I DATE: 07 SCALE.- 1"= 40' 1 JOB NO. 2022129 Tract No. 45 Tract 2 Holdings, LLC CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Mr. Leonard Boen Tract 2 Holdings; LLC 1 Remington Drive, Suite 100 Little Rock, AR 72204 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14734-000 1255 S SHILOH DR, Fayetteville, AR (Offer Letter) Dear Mr. Boen. The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $40,000.00 for the rights associated with the permanent easement (9,011 square feet) and $7,000.00 for the rights associated with the temporary construction and grading easement (4,939 square feet), for a total of $47,000.00. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents; a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sinc ely ATimyyander W Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of 4.172 acres of commercial land. The city is relocating water and sewer- easements along this corridor. betore the Acquisition 181,732 SgFt - Land Proposed Water and Sewer Easement 9.01 1 SgFt - Land (Acquisition Area) After the Acquisition 172,721 SgFt - Land (Remainder) - Remaining Rights In the AcquisidowArda 9,011 SgFt - Land (Residual) Temporary Construction Easements 4,939 SgFt - Land C-2, Thoroughfare Corrmerdal CONCLUSIONS $ 3,290,000 Land Value Before the Acquisition $ 3.250.000 Land VaW er t e' cqu s on $ 40,000 Market Value of the Acquisition $ 7,000 TCE See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner- and the city. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non- permanent. It expressly restricts building wireless comrYnunication facilities. APPRAISERS: Zach J Holland, AR CG 2911 Project 2022129 Parcel No 765-14734-000 Tract No. 45 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Tract 2 Holdings, LLC, an Arkansas limited liability company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2019-00029736) Part of the SE1/4, of the NE1/4, of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at the NE corner of the SE1/4, of the NEV 4, of said Section 19, thence N87°55'30"W 401 80 feet to a point on the West Right -of -Way Line of US Highway No. 71 frontage Road (S. Shiloh Drive), thence along said Right -of -Way Line, S29'07'22"E 127.40 feet; thence S41°14'12"E 106.00 feet, thence S47°46'12"E 222.20 feet; thence S38°54'12"E 42.80 feet; thence S31 °04'12"E 10.82 feet to the point of beginning; thence continuing S31 °04'12E 69.88 feet; thence S08°44'18"E 36.86 feet; thence S02°32'24"W260 00 feet; thence S00°48'30"E 102.23 feet, thence leaving said Right -of- Way Line, N86°57'30"W476.46 feet; thence NO2°46'39"E 306.47 feet; thence N73°34'44"E 422.79 feet; thence N42°54'55"E 34.59 feet to the point of beginning, containing 4.172 acres more or less. PERMANENT EASEMENT DESCRIPTION: Part of the Southeast Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter of the Northeast Quarter; thence along the East line of said Quarter -Quarter S02°51'24"W 822.77' to the intersection of said East Quarter -Quarter line with the West right-of-way of South Shiloh Drive; thence along said West right-of-way N40130'35"W 30.88' to the West line of an existing City of Fayetteville water and sewer easement (filed for record as Document #2021- 00049240) and the Point of Beginning, thence along said West easement line S04005'56"W 20.29' to the North line of an existing 15' utility easement (filed for record in Book 1165 Page 617); thence along said North easement line N86053'29"W 7.94', thence N40130'35"W 45.96', thence NO2°26'50"E 342.72'. thence N88022'27"W 5.03% thence S68112'51"W 3.91'; thence N19048'48"W 24.16'; thence N70030ATE 13.80'; thence N02027'18"E 14.80, thence N11°53 25"W 16.25'; thence N42054'55"E 6.55' to the Southwest line of an existing utility easement (filed for record as Document #2019-00008609), thence along said Southwest easement line S47035'07"E 6.84' to the intersection of the Southwest line of an existing utility easement (filed for record in Book 1015 Page 679); thence along said Southwest easement line S31004'37"E 35.28' to the West right-of-way of South Shiloh Drive, thence along said West right-of-way S02026'53"W 362.41'; thence continuing along said West right-of-way S40130'35"E 29.13' to the Point of Beginning, containing 9,011 square feet or 0.21 acres more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: Part of the Southeast Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter of the Northeast Quarter; thence along the East line of said Quarter -Quarter S02151'24"W 822.77' to the intersection of said East Quarter -Quarter line with the West right-of-way of South Shiloh Drive, thence along said West right-of-way N40°30'35"W 2.85' to the North line of an existing 15' utility easement (filed for record in Book 1165 Page 617), thence along said North easement line N86053'29"W 27.63' to the West line of the above described permanent easement and the Point of Beginning; thence continuing along said North easement line N86°53'29"W 13.81'; thence N40130'35"W 40.37', thence NO2°25'31"E 337.14'' thence N88143'07"W 16.75', thence N19130'56"W 39.44', thence N73017'08"E 38.83' to the West line of the above described permanent easement; thence along said West line the following seven (7) courses: S02127'18"W 13.64'; thence S70°30'43"W 13.80'; thence S19 48'48"E 24.16'; thence N68°12'51"E 3.91', thence S88022'27"E 5.03'', thence S02026'50"W 342.72'; thence S40030'35"E 45.96' to the Point of Beginning, containing 4,939 square feet or 0.11 acres more or less. Water/Sewer Easement Page 2 Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 2024. TRACT 2 HOLDINGS, LLC, an Arkansas limited liability company BY: Leonard Boen, Manager Water/Sewer Easement Page 3 ACKNOWLEDGMENT STATE OFARKANSAS ss. COUNTY OF WASHINGTON 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, Leonard Boen, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Manager of Tract 2 Holdings, LLC, an Arkansas limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES. Notary Public 2024. UTILITY EASEMENT DOC. #2019-00008609 f UTILITY EASEMENT BK. 1015 PG. 679 _ o WA TER & SEWER EASEMENT \ g BK. 726 PG. 238 60 30 0 60 o M SCALE IN FEET CROSS ACCESS EASEMENT DOC. #2019-00008609 ' aCq a �•• N 1• .'1 co l.. TEMPORARY CONSTRUCTION ,. r. �k EASEMENTIdi ` 120' 0 p a h 1 765-14734-000 TRACT 2 HOLDINGS, LLC !' y Y 1255 S SHILOH DR !' ' J I.. Uj WA TER AND SANITARY FA SEWER EASEMENT L t.. /Q: ,...,✓ Z �.., U " r•- 'i 15' UTILITY EASEMENT BK. 1165 PG. 617 CITY OF FAYETTEVILLE _ _ _ _ _ - - - JHWA TER & SEWER EASEMENT to --- ----------- DOC. #2021-00049240 ♦ .. —R/W— - —_— ---------------�= -�--- Uj W WEST 15TH STREET — -- R/W L ---- r inHAWKINS©WEIR EXHIBIT "A" E N G I N E E R S, 1 N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE Van Buren I Fort Smith Fayetteville Little Rock TRACT 45 — TRACT 2 HOLDINGS, LLC (479) 474-1227 (479) 2424685 I (479) 455-2206 I (501) 3744846 FOR: CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.com I DA TE.- 08/1612024 1 SCALE.- 1 "= 60' 1 JOB NO. 2022129 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2025-302 Item ID 3/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/27/2025 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends City Council approval of a Resolution authorizing the City Attorney to seek condemnation and orders of possession for the remaining easements necessary for the 1-49/MLK Utility Relocations Project. Budget Impact: 5400.720.5600-5810.00 Water & Sewer Account Number Fund Water & Sewer Relocations - 1-49 & MLK 11011.2301 Interchange 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: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 9,781,598.00 $ 8,814,071.29 967,526,71 $ 889,716.08 77,810.63 Previous Ordinance or Resolution # Approval Date: V20221130 Tract No. Owner Appraised Value of PUE* Appraised Value of TCE** Damages Total Value of Easements Unnumbered Manav Investor of N.W. Arkansas, Inc. $2,000.00 $1,600.00 $3,600.00 10 Lowe's Home Center Inc. $90,000.00 $26,000.00 $1,700.00 $117,700.00 12 Mathias Shopping Centers, Inc. $48,000.00 $5,800.00 $500.00 $54,300.00 13 Metropolitan Bank $1,400.00 $1,400.00 14 Superior Bank $101,000.00 $1,800.00 $2,800.00 $105,600.00 15 Liberty Bank of Arkansas $94,366.08 $7,550.00 $2,500.00 $104,416.08 16 Cooper Realty Investments, Inc.; Burger Investments, LLC; and IWS Shelby, LLC $38,000.00 $9,400.00 $47,400.00 17 Wal-Mart Real Estate Business Trust $226,000.00 $28,000.00 $254,000.00 19 Inreit Fayetteville, LLC $25,000.00 $18,000.00 $43,000.00 20 Vasiliki Investments, LLC $3,000.00 $400.00 $3,400.00 24 GregoryS. Long $1,000.00 $2,700.00 $3,700.00 25 Hultquist Investments, LLC $9,000.00 $1,100.00 $10,100.00 26 Bird Cold Storage Company $12,000.00 $3,200.00 $500.00 $15,700.00 28 RPC Land Holdings, LLC $31,000.00 $8,600.00 $39,600.00 32 Halbert Properties, LLC $7,000.00 $2,000.00 $9,000.00 35 University Square, LLC $21,000.00 $21,000.00 36 Western Park, LLC $4,000.00 $4,000.00 39 LLEJ Shiloh, LLC $2,000.00 $2,000.00 40 Wal-Mart Stores, Inc. now known as Walmart Inc. $2,000.00 $800.00 $2,800.00 45 Tract 2 Holdings, LLC $40,000.00 $7,000.00 $47,000.00 $757,766.08 $102,450.00 $29,500.00 $889,716.08 *PUE = Permanent Utility Easement **TCE = Temporary Construction Easement Parcel No. 765-14676-000 Manav Investor of N.W. Arkansas, Inc. r CITY OF FAYETTEVILLE ARKANSAS December 3, 2024 Mr. Raj Gandhi Manav Investor of N.W. Arkansas, Inc. 1219 S Thompson Street Springdale, AR 72764 RE: Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14676-000 MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Gandhi: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $2,000.00 for the rights associated with the permanent easement (2,030 square feet) and $1,600.00 for the rights associated with the temporary construction and grading easement (1,344 square feet), for a total of $3,600.00. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteviIIe-ar.gov A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sincerely, 140410il- Tirn Nyander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of 0.28 acres of commercial land serving as an entrance and signage parcel to the greater Super 8 hotel use including the larger parcel to the south under the same ownership. The city is relocating water and sewer easements along this corridor-. See mapping for specific locations. 12/2/2024 :PHYSICAL 1 Effective Date CHARACTERISTICS Manav Investor of NW AR 765-14676-000 Fayetteville tv AR 31,296 Before the Acquisition 12,197 SgFt - Land Proposed Water and Sewer Easement 2.030 SgFt - Land (Acquisition -Area) After the Acquisition 10.167 SgFt - Land (Remainder) Remaining Rights In the Acquisition Area 2,030 SgFt - Land (Residual) Temporary Construction Easements 1.344 SgFt - Land C-2; Thoroughfare Commercial • $ 130,000 Land Value Before the Acquisition 128.000 43 Land V311 $ 2,000 Market Value of the Acquisition $ 0,11.600 TCE $ - Damages Due to floodway and floodplain, the acquisition area is effectively unbuildable and only useful as driveways, green space or signage. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner- and the city. The continued use of the hotel and driveway improvements do not appear- to be permanently damaged by the new easements. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non- permanent. It expressly restricts building wireless communication facilities. Zach J Holland, AR CG 291 1 Project 2022129 Parcel No. 765-14676-000 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Manav Investor of N.W. Arkansas, Inc., an Arkansas corporation, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2012-00002030) Part of a tract of land recorded in Liber 1406, page 906, located in the SE 1/4 of the NE 1/4 and a part of a tract of land recorded at Liber 1311, page 229, located in the NE 1/4 of the NE 1/4, all in Section 19, T-16-N, R-30-W, Washington County, Arkansas, described as: Commencing at the NE corner of said SE 1/4 of the NE 1/4; thence N 89°32'00" W, 476.40 feet along the North line of said SE 1/4 of the NE 1/4 to an existing iron pin at the NE corner of the aforementioned tract of land recorded at Liber 1406, page 906, for the point of beginning, said point being also the NW corner of a tract of land recorded at Liber 1153, page 585; thence S 00°50'37" W, 238.30 feet, along the common line of the above mentioned tracts to a found iron pin; thence N 89032'00" W, 282.00 feet to a chiseled "X" on the East line of a private street; thence N 00°50'37" E, 115.00 feet along said East line of the private street to a found iron pin; thence N 32°22'28" E, 145.24 feet to an existing bole set in concrete on the North line of said SE 1/4 of the NE 1/4, being also the SW corner of the aforementioned tract of land recorded at Liber 1311, page 229, thence N 01 023'53" E, 94.81 feet along the west line of said tract to a found iron pin, thence N 89'53'4" E, 150.42 feet to a found iron pin; thence S 00'06'11" E, 96 30 feet along the east line of said tract to an existing chiseled "X" at the SE corner thereof; thence S 89032'00" E, 53.14 feet to the point of beginning, containing 1.77 acres, more or less, being subject to any and all easements and rights -of -way of record. The above -described property now being more accurately described on a plat of survey dated December 14, 2011, designated as job number 11218, by Survey 1, Inc., Gene Buescher, PLS #1181, as follows: A part of the SE 1/4 of the NE 1/4 and a part of the NE 1/4 of the NE 1/4, Section 19, T-16-N, R-30-W, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE corner of the said SE 1/4 of the NE 1/4, thence N 87°31'45" W, 476.40 feet to a set iron pin and the point of beginning; thence S 02°50'52" W, 238.30 feet; thence N 87°27'47" W, 281.83 feet to a chiseled "X" on the East line of a private concrete street; thence N 02" 49'37" E, 114.53 feet to a found iron pin; thence N 34°15'53" E, 145.25 feet to a found iron pin; thence N 03°28'05" E, 94.79 feet to a found iron pin, thence S 88°05'51" E, 150.42 feet to a found iron pin, thence S 01°54'02" W, 96.28 feet to a chiseled "X" in the concrete; thence S 87°31'05" E, 53.13 feet to the point of beginning, containing 1.77 acres, more or less, and subject to any and all easements of record or fact. Together with and Subject to the rights granted in an Access Agreement, by and between Payless Shoesource, Inc., Supertel Hospitality, Inc., Retail Buildings, Inc., and Robert B. Westphal and Betty J. Westphal, filed for record March 21, 1995 in land document #95-13732 and in land document #95- 13741, and also filed for record March 29, 1995 in land document #95-15184. Together with and subject to the rights granted in a Reciprocal Access Easement Agreement, by and between Supertel Hospitality, Inc., and Payless Shoesource, Inc , dated March 16, 1995 and filed for record March 21, 1995 in land document #95-13750 PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southeast corner of said Northeast Quarter of the Northeast Quarter, thence along the South line of said Quarter -Quarter N86°55'08"W 525.37', thence N01°59'12"E 73.65' to the Point of Beginning. thence N54°40'50"W 18 23''. thence N89005'36"W 115.74' to the East line of an existing 20' City of Fayetteville water and sewer easement (filed for record as Document #2022-00018409); thence along said East easement line NO3°27'56"E 16 08', thence S88°05'19"E 130.54'; thence S01059'12"W 24.09' to the Point of Beginning, containing 2,030 square feet or 0.05 acres more or less. Water/Sewer Easement Page 2 TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A 10.00' wide easement lying parallel and adjacent to the South line of the above -described permanent easement, containing 1,344 square feet or 0.03 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 12024. MANAV INVESTOR OF N.W. ARKANSAS, INC. BY: Raj Gandhi, President Water/Sewer Easement Page 3 ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON 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 Raj Gandhi to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the President of Manav Investor of NW Arkansas Incorporated, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2024. MY COMMISSION EXPIRES. Notary Public 3 w a SAS HIGHWAYR B��/p) ARKAL�.�-IER KING � 40 20 0 40 (MARTIN SCALE IN FEET RIW I I � i \ I WA TER AND SANITARY I ISEWER EASEMENT o.................... 20' T 10' TEMPORARY 20' CI T )' OF FA YETTEVILLE CONSTRUCTION EASEMENT I WATER & SEWER EASEMENT DOC. �j2022-00018409 765-14676-000 - - - - - MANAV INVESTOR OF NW ARKANSA S INC. - - - - _ _ _ _ _ _ W MARTIN LUTHER KING BL VD _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Q _ _ _ _ _ _ _ _ _ - - - - _ _ - - - - - - - - - - - - - - - _ - .� - - - - - - - - - - - - - - - - ` ` _ 10' CITY OF FA YETTEVILLE WA TER & SEWER EASEMENT BK. 766 PG. 370 ` HAWKINStWEIR EXHIBIT "A" ENGI N E E R S, i N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE MANAV INVESTOR OF NW ARKANSA S INC. Van Buren Fort Smith Fayetteville Little Rock (479) 474-1227 (479) 242�665 I (479) 455-2206 I (S)1) 374�846 FOR: CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.com I DATE.' SCALE: 1'=40' 1 JOB NO. 2022129 Tract No. 10 Lowe's Home Center, Inc. FAY ETTEVILLE ARKANSAS December 13, 2024 Mr. Mark Nuckolls Lowe's Home Center Inc. P.O. Box 1000- Mail Code ZETA Mooresville, NC 28115 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No 765-22966-000 3231 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Nuckolls: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area, Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $90,000.00 for the rights associated with the permanent easement (15,164 square feet), $26,000.00 for the rights associated with the temporary construction and grading easement (9,106 square feet), and $1,700.00 for damages, for a total of $117,700.00. Damages include the loss of professionally landscaped tree and bushes. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sine ly, 4Ti yander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 135,268 SgFt big box store on 13.30 acres of commercial land. The city is relocating water and sewer easements along this corridor. See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. Before the Acquisition Proposed Water and Sewer Easement 15,164 SgFt - Land (Acquisition Areal After the Acquisition 551.116 SgFt - Land (Remainder) r Remaining Rights In the Acquisition r 15,164 SgFt - Land (Residual) Temporary Construction Easements 9.106 SgFt - Land D; Commercial Planned Zoning , CONCLUSIONS $ 13,170,000 Land Value Before the Acquisition 8Q000 L.iii 90,000 Market Value of the Acquisition OMW26,000 TCE $ 1,700 Damages After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner- and the city. The continued use of the building does not appear- to be affected by the permanent easement, and the client assures us that owners and custorners will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non- permanent. It expressly restricts building wireless communication facilities. Damages: Damages include the loss of professionally landscaped trees and bushes. APPRAISERS: Zach J Holland, AR CG 291 1 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No. 765-22966-000 Tract No. 10 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Lowe's Home Center Inc., a North Carolina Corporation, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2003-42899) LOT 1: Part of the Northwest and the Southwest Quarters of Section 19, Township 16 North, Range 30 West of the 5th P.M., City of Fayetteville, Washington County, Arkansas, described as follows: Commencing at the Southeast corner of said Northwest Quarter, thence North 88°08'58" West 42 94 feet along the South line of said Northwest Quarter to its intersection with the West right of way line of Finger Road; thence North 1 °49'53" East, 169.01 feet along said West right of way; thence North 88'57'24" West, 163 24 feet; thence South 68°53'07" West, 173.40 feet. thence North 88°05'33" West, 265.19 feet to the point of beginning; thence South 1 '51 '27" West 338.10 feet; thence South 90000'00" West 802.44 feet, thence North 1 °02'35" East 656 56 feet to a point on the South right of way of US Highway 62; thence North 74035'55" East 790.68 feet along said South right of way, thence South 1 °02'36" West 527.72 feet; thence North 88057'31" East, 48.78 feet to the point of beginning. Contains 13.619 acres of land, more or less PERMANENT EASEMENT DESCRIPTION: Part of Lot 1, Cobb & Westphal Concurrent Plat, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said Lot 1; thence along the West line of said Lot S02013'26"W 35.52' to the Southern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846) and the Point of Beginning; thence continuing along said Southern right-of-way the following two courses: N76°05'05"E 12.57'; thence N48°36'37"E 30.79' to the Southern line of an existing utility easement (filed for record as Document #2002-00104765), thence along said Southern easement line N75°53'32"E 42.90' to the West line of an existing 20' utility easement (filed for record as Document #023A-00000058); thence along said West easement line S02021'55"W 15.64'; thence S75053'32"W 12.84'; thence S48°41'43"W 52.77'; thence S75058'29"W 25.95% thence NO2°13'26"E 26.06' to the Point of Beginning, containing 1,946 square feet or 0.05 acres more or less. ALSO Part of Lot 1, Cobb & Westphal Concurrent Plat, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of said Lot 1; thence along the East line of said Lot S02020'26"W 103.95' to the Point of Beginning; thence continuing along said East line S02°20'26"W 25.00% thence N87°44'39"W 314.74'; thence S75053'32"W 366.27' to the East line of an existing 20' utility easement (filed for record as Document #023A-00000058); thence along said East easement line N02021'55"E 15.64' to the Southern line of an existing utility easement (filed for record as Document #2002-00104765); thence along said Southern easement line N75053'32"E 399.60'; thence S87°44'14"E 282.76' to the Point of Beginning, containing 13,218 square feet or 0.30 acres more or less. Containing a net total of 15,164 square feet or 0.35 acres more or less. Water/Sewer Easement Page 2 TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: Part of Lot 1, Cobb & Westphal Concurrent Plat, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of said Lot 1; thence along the East line of said Lot S02°20'26"W 128.95' to the Point of Beginning; thence continuing along said East line S02°20'26"W 10.00'; thence N87044'39"W 313.29'; thence S75°53'32"W 252.96'; thence S13023'37"E 25.87'; thence S76020'41"W 53.77'; thence N13°23'37"W 25.44% thence S75053'32"W 61.06' to the East line of an existing 20' utility easement (filed for record as Document #023A-00000058); thence along said East easement line NO2°21'55"E 10.43'; thence N75053'32"E 366.27'; thence S87°44'39"E 314.74' to the Point of Beginning, containing 8,190 square feet or 0.19 acres more or less. ALSO A 10.00' wide easement over part of Lot 1, Cobb & Westphal Concurrent Plat, City of Fayetteville, Washington County, Arkansas, the centerline of which being more particularly described as follows: Commencing at the Northwest corner of said Lot 1; thence along the West line of said Lot S02°13'26"W 66.79' to the Point of Beginning; thence N75°58'29"E 28.62'; thence N48041'43"E 52.78'; thence N75°53'32"E 10.15' to the West line of an existing 20' utility easement (filed for record as Document #023A-00000058) and the Point of Termination, containing 916 square feet or 0.02 acres more or less. Containing a net total of 9,106 square feet or 0.21 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. Water/Sewer Easement Page 3 WITNESS the execution hereof on this day of _ 2024. ATTEST: [Please print or type Name and Title] STATE OF COUNTY OF LOWE'S HOME CENTER INC., A North Carolina corporation BY: [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 and , to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the and , respectively, of Lowe's Home Center Inc. a North Carolina corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth WITNESS my hand and seal on this day of , 2024 MY COMMISSION EXPIRES: Notary Public 100 50 0 100 SCALE IN FEET 11, WA TER AND SANITARY SEWER EASEMENT 765-22966-000 LOWE'S HOME CENTERS INC #432 3231 W MARTIN LUTHER KING BLVD TEMPORARY / , CONSTRUCTION EASEMENT 20' UTILITY EASEMENT DOC. 402JA-00000058, \ \ TEMPORARY °° CONSTRUCTION EASEMENT WA TER AND SANI TAR Y U / SEWER EASEMENT Q J Y EXHIBIT "A HAWICINSoWEIR " Y ENGI N E E R S, I N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE n TRACT 10 — LOWE'S HOME CENTER INCORPORATED #432 Van Buren I Fort Smith Fayetteville Little Rods (479) 474-1227 (479) 2424685 I (479) 455-2206 I (501) 374�4846 FOR. • CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.com DA TE.• 08 16 2024 SCALE.- 1"=100' JOB NO. 2022129 Tract No. 12 Mathias Shopping Centers, Inc. CITY OF FAYETTEVILLE ARKANSAS November 22. 2024 Mr. Arthur Thurman Mathias Shopping Centers, Inc. PO Box 6485 Springdale, AR 72766 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14764-000 3052 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Thurman: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $48,000.00 for the rights associated with the permanent easement (7,850 square feet), $5,800.00 for the rights associated with the temporary construction and grading easement (1,923 square feet), and $500.00 for damages, for a total of $54,300.00. Damages include the loss of one professionally landscaped tree. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Fm#yv , nde UtilitiesDirector TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of 23,140 SgFt in three detached buildings on 3.32 acres of commercial land. The three buildings consist of a +/-7,920 SgFt service garage, a +/-1 1,220 SgFt professional office, and a +/-4,000 SgFt retail building. The city is relocating water and sewer easements along this corridor. 1 1 /8/2024 Mathias Shopping Centers, Inc. 765-14764-000 Fayetteville AR 23,140 Before the Acquisition 144,619 SgFt - Land Proposed Water and Sewer Easement 7,850 SgFt - Land (Acquisition Area) F After the Acquisition 136.769 SgFt - Land (Ramalnder) Remaining Rights In the Acquisition Ar 7,850 SgFt - Land (Residual) Temporary Construction Easements 1.923 SgFt - Land C-2: Thoroughfare commercial $ 3,524.000 Value Before the Acquisition 3.476.000 Value After the Acquisition $ 48,000 Market Value of the Acquisition 5,800 TCE $ 500 Damages See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non- permanent. It expressly restricts building wireless communication facilities. Damages: Damages include the loss of one professionally landscaped tree. Zach J Holland, AR CG 291 1 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No. 765-14764-000 Tract No 12 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Mathias Shopping Centers, Inc., an Arkansas corporation, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2013-00039657) A part of the SE 1/4 of the NW 1/4 of Section 19, Township 16 North, Range 30 West, Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE corner of said 40 acre tract, said point being an existing railroad spike, thence S 02°16'39" W 142.01 feet (deed= South 142.50 feet) along the East line of said 40 acre tract, thence N 87°01'19" W 221.51 feet (deed= West 219.70 feet) to an existing iron rebar for the true point of beginning, thence N 88°06'54" W 386.34 feet (deed= S 89°12'56" W 287.80 feet) along the South line of Stapleton's Subdivision to the City of Fayetteville, Arkansas, to a set 112" iron rebar thence S 02'1656" W 428.47 feet (deed= S 00°47'04" E 424.79 feet) to an existing iron rebar on the North right- of-way line of U.S. Highway #62 (West Sixth Street); thence N 76'09'08" E 402.30 feet (deed= N 73°37'48" E 390.78 feet) along said right-of-way line to an existing iron rebar, thence leaving said right-of-way line, N 02°15'30'' E 319.38 feet (deed=N 01°15'20" E 320 feet) to the point of beginning, containing 3.32 acres, more or less. Subject to recorded instruments, covenants, rights of way, and easements, if any. Subject to all prior mineral reservations and oil and gas leases, if any. PERMANENT EASEMENT DESCRIPTION: Part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter, thence along the East line of said Quarter -Quarter S02126'01"W 235.80', thence N87033'59"W 231.50' to the Point of Beginning, thence S02020'28"W 159.83', thence N08028'39"W 168.87' to the Southeast line of an existing utility and access easement (filed for record as Document #2016-00017161); thence along said Southeast easement line N68032'02"E 30.79'; thence S08°28'39"E 18.80' to the Point of Beginning, containing 2,815 square feet or 0.06 acres more or less. ALSO Part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter; thence along the East line of said Quarter -Quarter S02126'01"W 440.18'. thence N87133'59"W 231.17' to the Northern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846); thence N021120'28"E 244.74' to the North line of an existing utility and access easement (filed for record as Document #2016-00017161) and the Point of Beginning; thence along said North easement line S68132'02"W �6.67', thence N40013'37"E 16.31', thence N07046'00"W 21.35', thence N39°10'44"E 44.17'; thence N76011'07"E 19.76'; thence S02°20'28"W 51.94' to the Point of Beginning, containing 2,120 square feet or 0.05 acres more or less. ALSO Part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Water/Sewer Easement Page 2 Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter; thence along the East line of said Quarter -Quarter S021126'01"W 440.18'; thence N87033'59"W 231.17' to the Northern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846), thence NO2°20'28"E 244.74' to the North line of an existing utility and access easement (filed for record as Document #2016-00017161); thence along said North easement line S68°32'02"W 69.15' to the Point of Beginning; thence continuing along said North easement line S68°32'02°W 52.94'; thence leaving said North easement line N89016'05"W 26.60', thence S31°57'02"W 16.86' to said North easement line; thence along said North easement line S68032'02"W 32 76'; thence continuing along said North easement line West 17 45' to the East line of said easement; thence along said East easement line N00047'05"W 13.92'; thence leaving said East easement line N79004'42"E 29.82'; thence N31157'02"E 31.67'; thence S89116'05"E 86.88' to the Point of Beginning, containing 2,223 square feet or 0.05 acres more or less. ALSO A 20.00' wide easement over part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, the centerline of which being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter, thence along the East line of said Quarter -Quarter S02026'01 "W 440.18', thence N87°33'59"W 231.17' to the Northern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846), thence along said Northern right-of-way S74°00'50"W 83.02', thence continuing along said Northern right-of-way S76005'05"W 67.34'; thence N22°43'50"W 7.64' to the North line of an existing utility easement (filed for record as Document #2016-00017161) and the Point of Beginning; thence N22043'50"W 34.61' to the Point of Termination, containing 692 square feet or 0.02 acres more or less. Containing a net total of 7,850 square feet or 0.18 acres more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A 10.00' wide easement over part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, the centerline of which being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter, thence along the East line of said Quarter -Quarter S02126'01"W 440.18'; thence N87°33'59"W 231.17' to the Northern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846), thence NO2°20'28"E 17.91' to the Point of Beginning, thence N08°28 39"W 193.88' to the South line of an existing utility and access easement (filed for record as Document #2016-00017161) and the Point of Termination, containing 1,923 square feet 0.04 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, Water/Sewer Easement Page 3 small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 2024. L'" MATHIAS SHOPPING CENTERS, INC., an Arkansas corporation rthur Thurman, President ACKNOWLEDGMENT STATE OFARKANSAS ss. COUNTY OF WASHINGTON 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 Arthur Thurman, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the President of Mathias Shopping Centers, Inc., and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: Notary Public , 2024. W— --- -10 ---- ---- --- -] 50 25 0 50 WA TER AND SANI TAR Y SCALE IN FEET SEWER EASEMENT r 1 -ENT "cEss EA�E6 •------------------------i tI1,TTY &#2016,00011 I - DOG.- 1 . ------------------- ' -'' 1• 1 1 I 1 — 1 TEMPORARY CONSTRUCTION EASEMENT- ' ' ' 1 I , WA TER AND SANITARY I , SEWER EASEMENT 1 1 1 ' 765-14764-000 MATHIAS SHOPPING CENTERS, INC. ' J052 W MARTIN LUTHER KING BLVD v ' ' 1 ' WA TER AND SANITARY 1 SEWER EASEMENT I i UTILITY EASEMENT DOC. #2016-00017161 RPW 1 � _ GNWAY 62B�V0) KANSAS HIKING JR. --.-- -W AR LAVER R/ MARTI c HAWKINSoWEIR ENGI N E E R S, I N C. Van Buren I Fort Smith Fayetteville Little Rock (479) 474-1227 (479) 242-4685 (479) 455-2206 I (501) 374-4846 EXHIBI T "A " UTILITY RELOCA 7IONS FOR I-49 MLK INTERCHANGE 77?ACT 12 — MA 7NIAS SHOPPING CEN7FRS, INC. FOR: CITY OF FAYETTEVILLE, ARKANSAS www.hawkins-weir.com 8 16 2024 I SCALE: 1"--50' 1 JOB NO. 2022129 Tract No. 13 Metropolitan Bank CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Mr. Matt Lukas Metropolitan Bank PO Box 8010 Little Rock, AR 72203 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-22967-001 3111 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Lukas. The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $1,400.00 for the rights associated with the permanent easement (185 square feet). This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones @fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Si cerely, Tim ander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 3,442 SgFt bank on 1.36 acres of commercial land. The acquisition consists of: Permanent Easements (WSE of 185 SgFt). See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. Metropolitan Bank 765-22967-001 Before the Acquisition After the Acquisition s9 nq7 CnFt - Tntal I and (Pn oinflorl Remaining Rights in the Easement Area 185 SgFt - Land (Residual) PZD. commercial Planned Zoning District 1,775,500 Value Before the Acquisition After the acquisition, the property rights in the relocated 185 SgFt water and sewer easement will be split between the owner- and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines par -king and driveways as non -permanent. It expressly restricts building wireless communication facilities. APPRAISERS - Zach J Holland, AR CC, 291 1 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No. 765-22967-001 Tract No 13 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Metropolitan Bank, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2005-32443) LOT 2-13 OF THE LOT SPLIT FOR COBB AND WESTPHAL, AS SHOWN UNDER LAND DOCUMENT NUMBER 2005-00014956 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PART OF THE SE'/4 OF THE NW'Y4 OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS. COMMENCING AT AN ALUMINUM CAP FOUND FOR THE SE CORNER OF THE SE'/4 OF THE NW Y. OF SECTION 19, T-16-N, R-30-W, THENCE NORTH 86 DEGREES, 55 MINUTES, 53 SECONDS WEST 43.03 FEET; THENCE NORTH 03 DEGREES, 06 MINUTES, 28 SECONDS EAST 558.05 FEET; THENCE NORTH 87 DEGREES, 10 MINUTES, 12 SECONDS WEST 290.31 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING A FOUND IRON PIN; THENCE SOUTH 02 DEGREES, 48 MINUTES, 54 SECONDS WEST 20.00 FEET TO A SET COTTON SPINDLE, THENCE NORTH 88 DEGREES, 14 MINUTES, 35 SECONDS WEST 75.94 FEET TO A SET COTTON SPINDLE, THENCE SOUTH 71 DEGREES, 55 MINUTES, 16 SECONDS WEST 171.01 FEET TO A SET COTTON SPINDLE; THENCE NORTH 87 DEGREES 46 MINUTES, 50 SECONDS WEST 116.34 FEET TO A SET COTTON SPINDLE, THENCE NORTH 02 DEGREES, 18 MINUTES, 39 SECONDS EAST 155.25 FEET TO A FOUND IRON PIN ON THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 62, THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 62, NORTH 75 DEGREES, 51 MINUTES, 05 SECONDS EAST 369.46 FEET TO A FOUND IRON PIN; THENCE LEAVING THE SAID RIGHT-OF-WAY LINE OF U.S. HIGHWAY 62, SOUTH 02 DEGREES, 48 MINUTES, 54 SECONDS WEST 179.43 FEET TO THE TRUE POINT OF BEGINNING. PERMANENT EASEMENT DESCRIPTION: Part of Lot 213, Cobb & Westphal Lot Split, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said Lot 213; thence along the West line of said Lot S02020'26"W 136.53'' thence S87045'41"E 37.87' to the East line of an existing access & utility easement (filed for record as Document #2003-00042901) and the Point of Beginning, thence along said East easement line NO2°18'08"E 20.44', thence S34014'48"E 17.55', thence S63143'39"E 15.53' to the North line of said existing access & utility easement; thence along said North line N87045'41"W 24.64' to the Point of Beginning, containing 185 square feet or 0.004 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. 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. Water/Sewer Easement Page 2 The Grantee shall have the right to construct pipelines and/or make repairs to lines within the above -described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs 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 in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 2024. METROPOLITAN BANK BY: ATTEST [Please print or type Name and Title] [Please print or type Name and Title ACKNOWLEDGMENT STATE OFARKANSAS 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 and to me well known as the persons who executed the foregoing document. and who stated and acknowledged that they are the and , respectively, of Metropolitan Bank, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2024. MY COMMISSION EXPIRES Notary Public 0 Q J 3 0 i IN 19 30 15 0 30 SCALE IN FEET R/W It 5 HIGHWAYR BLVD) ARKAN�TMER KING J (MARTIN L - UTILITY EASE NT 5 -��- Dp�. �2002 1 - - i —ram 1 t 1 t I t 1 1 I I t I 1 t I I I t I I 1 O 1 I p I t W I 765-22967-001 METROPOLITAN BANK 5111 W MARTIN LUTHER KING JR BLVD 1 t 1 I 1 I I I I 1 I I I I 1 i WO I i i I p t WA TER AND SANI TAR Y o � � ' ►l SEWER EASEMENT 1 , ACCESS & UTILITY EASEMENT t ; DOC. #2003-00042901 ITY EASO0014956 , - I 6�L #2005 0 - , I I — I t ; 00G'-----:------- - — — — — — — — — — — — — — — r' HAWKINSoWEIR EXHIBIT "A" ENGIhw N E E R S, INC. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE Van Buren Fort Smith Fayetteville Little Rock TRACT 13 - METROPOLITAN BANK (479) 474-1227 I (479) 242A685 I (479) 455.2206 I (501) 374-4846 FOR: CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.comI DATE.' 07, SCALE.- 1 "=30' I JOB NO. 2022129 Tract No. 14 Superior Bank CITY OF FAYETTEVILLE ARKANSAS October 28, 2024 Superior Bank c/o Arvest Bank #310 1183 Joyce Blvd., Suite 2 Fayetteville, AR 72703 RE Highway 112 Widening Project Parcel No. 765-14805-001 3045 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) To Whom It May Concern: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to the Martin Luther King Boulevard and 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $101,000.00 for the rights associated with the permanent easement (12,848 square feet), $1,800.00 for the rights associated with the temporary construction and grading easement (600 square feet), and $2,800.00 for damages, including the loss of trees and shrubs, for a total of $105,600.00. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. For engineering questions or concerns, please contact Corey Granderson, Utilities Engineer at (cgranderson@fayetteville- ar.gov) or myself at (tnyander@fayetteville-ar.gov). Sincerely, ff'aall� Tim Nyander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 2,901 SgFt bank on 1.46 acres of commercial land. The acquisition consists of: Permanent Easements (WSE of 12,848 SgFt) Temporary Construction Easement (TCE of 600 SgFt). Before the Acquisition 63,598 SgFt - Land After the Acquisition 50 790 Snrt - Tntal 1 anri IR, ......i—I Kesldual Klghts in the WSt area 12,848 SgFt - Land (Residual) C-2; Thoroughfare Commercial 2,012,000 Value Before the Acquisition 1,910,000 Value After the Acquisition 102,000 See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. After the acquisition, the property rights in the relocated 12,848 SgFt water and sewer easement will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement. While the WSE document restricts permanent construction above the easement area, it defines parking and driveways as non -permanent. It expressly restricts building wireless communication facilities. Damages: Damages include the loss of professionally landscaped trees at the southern border of the site and shrubs at the front of the building. Zach J Holland, AR CG 2911 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No. 765-14805-001 Tract No 14 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Superior Bank, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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 2002-00117188) PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH LIES NORTH 559.92 FEET AND WEST 14.75 FEET FROM THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID 40 ACRE TRACT AND RUNNING THENCE NORTH 89 DEGREES 28,381, WEST 290.33 FEET, THENCE NORTH 00 DEGREES 31' 22" EAST 179.38 FEET, THENCE NORTH 73 DEGREES 46' 57" EAST 253.75 FEET, THENCE SOUTH 53 DEGREES 53' 10" EAST 58.20 FEET, THENCE SOUTH 00 DEGREES 31' 22" WEST 218.59 FEET TO THE POINT OF BEGINNING, CONTAINING 63,616.25 SQ FT. OR 1.46 ACRES, MORE OR LESS. PERMANENT EASEMENT DESCRIPTION: Part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southeast corner of said Southeast Quarter of the Northwest Quarter; thence along the East line of said Quarter -Quarter N02026'01"E 559.52'; thence N87020'34"W 66.24' to the West right-of-way of South Finger Road (Per ARDOT Job 040846) and the Point of Beginning; thence N8711012"W 30.16'; thence N02052'34"E 132.94'; thence N53014'36"W 7 88'; thence N87019'19"W 223.91', thence N02048'58"E 21.88' to the South line of an existing utility easement (filed for record as Document #023A-00000024); thence along said South easement line N76006'21"E 177.72'; thence S18013'48"E 8.70% thence S53114'36"E 78.84'; thence S87019'19"E 20.94' to said West right-of-way of South Finger Road; thence along said West right-of-way S03028'56"W 134.49'; thence continuing along said West right-of-way S02136'19"E 23.06' to the Point of Beginning, containing 15,383 square feet or 0.35 acres more or less. LESS AND EXCEPT Part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southeast corner of said Southeast Quarter of the Northwest Quarter; thence along the East line of said Quarter -Quarter N02026'01 "E 559 52'; thence N87020'34"W 66.24' to the West right-of-way of South Finger Road (Per ARDOT Job 04086); thence N87010'12"W 30.16'; thence N02052'34"E 132.94'; thence N53014'36"W 7.88'; thence N87119'19"W 38.49'; thence N02040'41"E 20.00' to the Point of Beginning; thence N87019'19"W 156.63'; thence N76006'14"E 113.49'; thence S53014'36"E 57.78' to the Point of Beginning, containing 2,535 square feet or 0.06 acres more or less. Containing a net total of 12,848 square feet or 0.29 acres more or less Water/Sewer Easement Page 2 TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A 20.00'x30.00' easement over part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows. - Commencing at the Southeast corner of said Southeast Quarter of the Northwest Quarter; thence along the East line of said Quarter -Quarter N02026'01 "E 559.52'; thence N87020'34"W 66.24' to the West right-of-way of South Finger Road (Per ARDOT Job 040846); thence N8701012"W 30 16'; thence N02052'34"E 132 94'; thence N53014'36"W 7.88'; thence N87019'19"W 193.91' to the Point of Beginning; thence S02048'58"W 20.00'; thence N87019'19"W 30.00'; thence N02048'58"E 20.00'; thence S87019'19"E 30.00' to the Point of Beginning, containing 600 square feet or 0.01 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. Water/Sewer Easement Page 3 WITNESS the execution hereof on this day of 2024. SUPERIOR BANK BY: ATTEST: [Please print or type Name and Title] print or type Name and Title] ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON 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 and , to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the and , respectively, of Superior Bank, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they 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: Notary Public 2024. 3 uj of 0 z a 1 50 25 0 50 SCALE IN FEET I ' I I , I I ' 1 1 1 I 1 I 1 1 I 1 I I R/W 62 AS HIGNWA ABLVD) ARKpLUTMER KING cMAR�" - UTILITY EASEMENT DOC.-1023A = 00000024 L_Ll�J I I ' WA TER AND SANITARY SEWER EASEMENT 1 ' I ' I I 1 � 765-14805-001 ; SUPERIOR BANK , I 3045 W MARTIN LUTHER KING BLVD , ---------_--_- =-- - --- !f------------ �- ACCESS EASEMENT DOC. #2003-00042898 O NGIInHAWKINSoWEIR EXHIBIT '"A" E I N E E R S, i N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE Van Buren Fort Smith Fayetteville Little Rock TRACT 14 - SUPERIOR BANK (479 ) 474-1227 I (479) 242-4s65 I (479) 455-2206 I (soy) 374.4046 FOR: CITY OF FA YETTEVILLE, ARKANSAS w w w. h a w k i n s -weir . c o m DA TE. 07 12 2024 SCALE. 1"=50' JOB NO. 2022129 Tract No. 15 Liberty Bank of Arkansas r CITY OF FAYETTEVILLE ARKANSAS February 19, 2025 Liberty Bank of Arkansas c/o Emily McCord PO Box 1028 Cabot, AR 72023 RE: Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14767-000 3010 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Ms. McCord: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $94,366.08 for the rights associated with the permanent easement (12,192 square feet), $7,550.00 for the rights associated with the temporary construction and grading easement (2,732 square feet), and $2,500.00 for damages, for a total of $104,416.08. Damages include the loss of professionally landscaped trees and shrubs and temporary loss of parking. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 documents, a check will be requested, and you will be paid the amount indicated in this offer letter. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sincerely, 4 Tim Nyander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 4,750 SgFt bank on 1.65 acres of commercial land. The city is relocating water and sewer easements along this corridor. 10/28/2024 Effective Date PHYSICAL CHARACTERISTICS Liberty Bank of Arkansas perty Owner 765-14767-000 Parcel Fayetteville City AR State 4,750 SqFt - Gross Building Area Before the Acquisition 71,874 SgFt- Land Proposed Water and Sewer Easement 11,622 SgFt- Land (acquisition area) After the Acquisition 60,252 SgFt - Land (Remainder) Remaining Rights (non -permanent surface use) 1 1,622 SgFt - Land (Residual) Temporary Construction EasemerL nts 905 SgFt - Land C-2; Thoroughfare Commercial Zoning CONCLUSIONS $ 2,213,000 Value Before the Acquisition $ 2,123,000 Value After the Acquisition $ 90,000 $ 90,000 Market Value of the Acquisition $ 2,500 TCE $ 900 Temporary Damages $ 1,600 Damages See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. After the acquisition, the property rights in the acquisition area will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE document restricts permanent construction above the easement area, it defines parking and driveways as non -permanent. It expressly restricts building wireless communication facilities. Damages: Damages include the loss of professionally landscaped trees and shrubs and temporary loss of parking. APPRAISERS: Zach J Holland, AR CG 2911 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No. 765-14767-000 Tract No. 15 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Liberty Bank of Arkansas, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2005-00021116) A part of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section Nineteen (19), Township Sixteen (16) North, Range Thirty (30) West, being more particularly described as follows: Commencing at the northeast corner of -said 40 acre tract, said point being an existing railroad spike in One - Mile Road; thence south along the east line of said 40 acre tract 49.50 feet to the true point of beginning, said point being in One -Mile Road and from which a 1/2" iron rebar set on the west right-of-way line of said road (as presently located) bears south 71 degrees 47 minutes 21 seconds west 19.12 feet, said set reference iron also being the southeast corner of lot numbered eight (8) in block numbered one (1) of Stapleton's Subdivision Number One (1) to the City of Fayetteville, Arkansas; thence south along the east line of said 40 acre tract 334.52 feet to a point on the north right-of-way line of U.S. Highway #62 (West 6th Street), said point being in One -Mile Road and from which a 1/2" iron rebar set on the west right-of-way line of said road (as presently located) bears south 73 degrees 51 minutes 41 seconds west 20.82 feet; thence leaving the east line of said 40 acre tract and running along the north right-of-way line of said Highway #62 the following bearings and distances: south 73 degrees 51 minutes 41 seconds west 41.10 feet to a set 1/2" iron rebar, south 27 degrees 47 -minutes 53 seconds west 14.01 feet to a set 1/2" iron rebar, south 73 degrees 51 minutes 41 seconds west 182.58 feet to a set 1/2" iron rebar; thence leaving the north right-of-way line of said Highway #62 north 00 degrees 04 minutes 47 seconds east 336.40 feet to a set 1/2" iron rebar at the southwest corner of lot numbered eight (8) in block numbered one (1) of Stapleton's Subdivision, Number One (1) to the City of Fayetteville, Arkansas; thence north 71 degrees 47 minutes 21 seconds east 232.58 feet to the point of beginning, in Washington County, Arkansas, containing 1.72 acres, more or less. Subject to the right-of-way of One -Mile Road along the entire east boundary and any other easements and/or rights of way whether or not of record. PERMANENT EASEMENT DESCRIPTION: A variable width easement over part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, the centerline of which being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter; thence along the East line of said Quarter -Quarter S02126'01 "W 110.58'; thence N87133'59"W 60.78' to the West line of an existing City of Fayetteville Water & Sewer Easement (filed in Book 92 Page 58194) and the Point of Beginning; thence N88047'16"W 17.22'; thence S74004'12"W 119.73'; thence S51015'57"W 53.08'; thence N02020'28"E 58.52'; thence N74004'12"E 179.94' to said West easement line; thence along said West easement line S02116'51"W 42.19' to the Point of Beginning, containing 6,778 square feet or 0.16 acres more or less. ALSO Part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter; thence along the East line of said Quarter -Quarter S02126'01"W 367.77'; thence N87133'59"W 60.10' to the West right-of-way of South One Mile Road (Per ARDOT Job 040846) and the Point of Beginning; thence along said West right-of-way S32036'36"W 13.31' to the North line of an existing City of Fayetteville water and sewer easement (filed for record in Book 861 Pages 103 & 838); thence along said North easement line S75122'54"W 165.52'; thence N08028'39"W 32.78'; thence N02020'28"E 159.83'; thence S08028'39"E 171.46'; thence N75023'21"E 145.31' to the West line of an existing City of Fayetteville water and sewer easement (filed for record in Book 92 Page 58194); thence along said West easement line S02116'51"W 6.20' to the Point of Beginning, containing 5,414 square feet or 0.13 acres more or less. Containing a net total of 12,192 square feet or 0.28 acres more or less Water/Sewer Easement Page 2 TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A 20.00' wide easement over part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, the centerline of which being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter; thence along the East line of said Quarter -Quarter S02126'01"W 367.77'; thence N87133'59"W 60.10' to the West right-of-way of South One Mile Road (Per ARDOT Job 040846); thence N02116'51"E 6.20'to the North line of the above described permanent easement; thence along said North line S75123'21"W 135.25' to the Point of Beginning; thence N08028'39"W 41.20' to the Point of Termination, containing 824 square feet or 0.02 acres more or less. ALSO A 10.00' wide easement over part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, the centerline of which being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter; thence along the East line of said Quarter -Quarter S02126'01 "W 115.58'; thence N87133'59"W 60.77' to the West line of an existing City of Fayetteville Water & Sewer Easement (filed in Book 92 Page 58194) and the Point of Beginning; thence N88047'16"W 16.37'; thence S74004'12"W 117.96'; thence S51015'57"W 56.43' to the Point of Termination, containing 1,908 square feet or 0.04 acres more or less. Containing a net total of 2,732 square feet or 0.06 acres more or less Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. Water/Sewer Easement Page 3 It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 12025. LIBERTY BANK OF ARKANSAS M ATTEST: [Please print or type Name and Title] [Please print or type Name and Title] ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON 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 and , to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the and , respectively, of Liberty Bank of Arkansas, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they 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 2025. MY COMMISSION EXPIRES: Notary Public WA7ER AND SANITARY 50 25 0 50 SCALE IN FEET SEWER EASEMENT - - ...... — I �" -- EGRESS E529M / INGRESS p05-00050 "----- j-- 25 p0�. # ,-- I r �I -'""- 10' TEMPORARY CONSTRUCTION EASEMENT I 765-14767-000 ; 3 LIBERTY BANK OF ARKANSAS ; \ r� 3010 W MARTIN LUTHER KING BLVD I CITY OF FA YETTEVILLE WA TER & SEWER EASEMENT ✓, /', BK. 92 PG. 58194 � � I I WA7ER AND SANITARY SEWER EASEMENT 20' TEMPORARY CONSTRUCTION EASEMENT I I ,.•.. ; . '2O, Q ti Z O O 01 CITY OF FA YETTEVILLE WA TER & SEWER EASEMENT Iy 62 BK. 861 PG. 103 & / S NI�NWA JR B�VD) 81c 861 PG. 838 R/"' ARKANsA KING Q N L U of (MA J H HAS pWE� EXHIBIT '"A" N E N 8 1 N E E� 4 1 N r- UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE TRACT 15 - LIBERTY BANK OF ARKANSAS N Van Buren Fort Smith Fayetteville Little Rock FOR: CITY OF FA YETTEVILLE, ARKANSAS N (479)474-1227 (479)242-4685 (479)455-2206 (501)374-4846 www.hawkins-weir.com I DATE: SCALE.- 1 "=50' 1 JOB NO. 2022129 Tract No. 16 Cooper Realty Investments, Inc. r� CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Mr. Jim Keith Cooper Realty Investments, Inc., Burger Investments, LLC, and IWS Shelby, LLC 903 N 47th Street Rogers, AR 72756 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-22967-000 3049 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Keith The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $38,000.00 for the rights associated with the permanent easement (6,017 square feet) and $9,400.00 for the rights associated with the temporary construction and grading easement (5,202 square feet), for a total of $47,400.00. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones @fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sincer y, 4 Tim Nyander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the� acquisition, the subject property consists of a 52,620 SgFt shopping center on 5.84 acres of cornmearcial land The city is relocating water and sewer easements along this corridor. See mapping for specific 10/28n02a - locations. They have minimal impact on the subject PHYSICAL CHARACTERISTICS improvements. Any existing site Cooper- Realty Investments, improvements (parking, paving, Inc. • • driveways, sidewalks, lawn) will 765-22967-000 be repaired by the grantee. Fayetteville Oky AR After the acc:icaisition, the property rights in the permanent easement acquisition area will be split between the 52,620 owner and the city. -fhe Before the Acquisition continued use of the building 254,390 SgFt - Land does not appear to be affected Proposed Water and Sewer Easement by the permanent easement, and 6,017 SgFt - Land (Acquisition) the client assures us that owners After the Acquisition and customers will continue to 248,373 SgFt - Land (Remainder) have access and use of the Remaining Rights (non -permanent surface use) parking and building during 6,017 SgFt - Land (Residual) Construction. Temporary Construction Easements 5,202 SgFt -Land d1i CPZD: C...nm.... W Manned Zoning o�.: While the WSE restricts permanent: construction above the easement area, it defines $ 6,498,000 Value Before the Acquisition parking and driveways as non- r$ 6..460.000 Value After the Acquisition permanent. It expressly $ 38,000 - - - ri,stricts building wireless $ 38,000 Market Value of the Acquisition mimunica.tion facilities. $ 9,400 TCE APPRAISERS: Zach J Holland, AR CG 2911 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No 765-22967-000 Tract No 16 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Cooper Realty Investments, Inc., an Arkansas corporation; Burger Investments, LLC, an Arkansas limited liability company; and IWS Shelby, LLC, a Mississippi 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2016-23356) Lot 2-A, Cobb & Westphal Commercial Subdivision, to the City of Fayetteville, Washington County, Arkansas, being a, Lot Split of Lot 2 as shown in Document No.2005-32442 and also being described as a. part of the SE 1/4 of the NW 1/4 of Section 19, Township 16 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas and being described as follows: Commencing at an aluminum cap found for the SE corner of the SE 1/4 of the NW 1/4 of Section 19, Township 16 North, Range 30 West, thence N 86°55'53" W 43.03 feet and N 03°06'28" E 169.01 feet to the true point of beginning; said point being a found iron pin on the West right of way line of Finger Road, thence N 87'41'11" W 163.23 feet to a found iron pin; thence S70°10'27" W 173.27 feet to a found iron pin; thence N 86°49'46" W 265.22 feet to a found iron pin; thence N87°40'39" W 48.71 feet to a found PK nail set in the asphalt of an existing fire lane to Lowe's Home Improvement Center; thence N 02018'39" E 372.42 feet to a set cotton spindle; thence S 87°46'50"E 116.34 feet to a set cotton spindle; thence N 71055'16"E 171.01 feet to a set cotton spindle; thence S88°14'35" E 75.94 feet to a set cotton spindle; thence N 02048'54" E 20.00 feet to a found iron pin; thence S87°10'12"E 290.31 feet to a set Mag Nail drilled into the concrete of an existing drive located in an access easement as shown. under Land Document Number.2003 42898, said mag nail being on the West right of way line of Finger Road; thence along the West right of way line of finger Road, S 03°06'28" W 389.04 feet to the true point of beginning, containing 5.886 acres, more or less. PERMANENT EASEMENT DESCRIPTION: A 25.00' wide easement over part of Lot 2A, Cobb & Westphal Lot Split, City of Fayetteville, Washington County, Arkansas, the centerline of which being more particularly described as follows: Commencing at the Northeast corner of said Lot 2A; thence along the East line of said Lot S03105'45"W 12.50'; thence N87°10'12"W 50.00' to the West line of an existing 20' utility easement (filed for record as Document #2005-00014956) and the Point of Beginning, thence continuing N87°10'12"W 240.25' to the East line of an existing access and utility easement (filed for record as Document #2003-00042901) and the Point of Termination, containing 6,017 square feet or 0.14 acres more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: Part of Lot 2A, Cobb & Westphal Lot Split, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of said Lot 2A; thence along the East line of said Lot S03105'45"W 12.50'; thence N87°10'12"W 50.00' to the West line of an existing 20' utility easement (filed for record as Document #2005-00014956), thence along said West easement line S03105'45"W 12.50' to the Point of Beginning; thence continuing along said West easement line S03005'45"W 50.00', thence N87°10'12"W 70.00'; thence N03005'45"E 40.00', thence N87110'12"W 170,14' to the East line of an existing access and utility easement (filed for record as Document #2003-00042901); thence along said East easement line N02145'53"E 10.00' to the South line of the above described permanent easement; thence along said South line S87110'12"E 240.19' to the Point of Termination, containing 5,202 square feet or 6.12 acres more less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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. Water/Sewer Easement Page 2 It is expressly understood that the above temporary construction and grading easement shall exclude any permanent structure presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee WITNESS the execution hereof on this day of STATE OFARKANSAS COUNTY OF WASHINGTON 2024. COOPER REALTY INVESTMENTS, INC., an Arkansas corporation BY: Michael Kent Burger, President 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 Michael Kent Burger. to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the President of Cooper Realty Investments, Inc., an Arkansas corporation, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: Notary Public 2024. Water/Sewer Easement Page 3 BURGER INVESTMENTS, LLC, an Arkansas limited liability company M Michael Kent Burger, Manager ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON 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 Michael Kent Burger, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Manager of Burger Investments, LLC, an Arkansas limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of , 2024. MY COMMISSION EXPIRES: Notary Public Water/Sewer Easement Page 4 IWS SHELBY, LLC, a Mississippi limited liability company BY: William A. Leatherman, Jr., Manager ACKNOWLEDGMENT STATE OFARKANSAS ss. COUNTY OF WASHINGTON 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 William A. Leatherman, Jr., to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Manager of IWS Shelby, LLC, a Mississippi limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES. Notary Public , 2024. 0 J 3 w z z a a of 0 Im 50 25 0 50 SCALE IN FEET q S NTGNwAYR B�VD) ARKAN�ER KIND J (MARTIN L R/W ACCESS EASEMENT DOC. #2003-00042898 - ..........1-.....-... ' --------------- ....... o............. ....... .... t _ .................... 25' WA TER AND SANI TAR Y - . -. - - - SEWER EASEMENT 1:•:.:•:.:":-:.:::.:.:.:::::::::::::::::::::: h TEMPORARY 70'. ' �.... :.... ......: ; CONSTRUCTION EASEMENT 20' UTILITY EASEMENT ' 1 765-22967— 000 DOC. #2005— 00014956 COOPER REALTY INVESTMENTS INC. 3049 W MARTIN LUTHER KING BLVD UTILITY EASEMENT BK. 92 PG. 51295 , HAWKINSoWEIR EXHIBIT "A" HN E N G I N E E R S, i N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE TRACT 16 - COOPER REAL TY INVESTMENTS INC. Van Buren I Fort Smith Fayetteville Little Rock (479) 474-1227 (479) 242-4685 I (479) 455-2206 I (501) 374-4846 FOR: CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.com I DATE. SCALE.- 1 `50' 1 JOB NO. 2022129 Tract No. 17 Wal-Mart Real Estate Business Trust IVA CITY OF FAYETTEVILLE ARKANSAS January 31, 2025 Wal-Mart Real Estate Business Trust c/o Amy Corritori c/o Wal-Mart Property Tax Dept 4516 PO Box 8050, Attn: 0555 Bentonville, AR 72712 RE: Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14654-000 2875 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Notification Letter) Dear Ms. Corritori: As previously indicated, the City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the I- 49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. Because this utility relocation project is being done as part of the ARDOT roadway widening, certain deadlines have to be met. Therefore, if we do not receive signed documents by the March 18, 2025 City Council meeting, we will submit a request for authorization to proceed with acquisition by eminent domain. The meeting location is 113 West Mountain Street, Room 219 in Fayetteville. This is a public meeting and you or a representative are encouraged to attend. After this date, the City Attorney's Office will take over the acquisition process for the City. Please note that negotiations may continue throughout this process. A pamphlet is enclosed explaining the steps involved in condemnation and your rights and responsibilities. The City of Fayetteville previously offered you $226,000.00 for the rights associated with the permanent easement (32,564 square feet) and $28,000.00 for the rights associated with the temporary construction and grading easement (11,626 square feet), for a total of $254,000.00. This offer was based on an appraisal of your property and a summary sheet was provided for your review. Should you elect to accept this offer, the Water/Sewer Easement previously provided should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 was provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteviIIe-ar.gov A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sincerely, I Tim Nyander Utilities Director TN/bs Enclosure EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 254,783 SgFt bank on 26.49 acres of commercial land. The city is relocating water and sewer easements along this corridor. Wal-Mart Real Estate Business Trust 765-14654-000 Before the Acquisition 1153 904 SnFt - I ands Proposed Water and Sewer Easement 3? 564 SnFt - I ands After the Acquisition I 1 ? 1 340 SnFt - I nndi (RamainA-rl Remaining Rights (non -permanent surface use) 32,564 SgFt - Land (Residual) Temporary Construction Easements 11,626 SgFt - Land C-2: Thoroughfare Commercial $ 32,018,000 Value Before the Acquisition 31,792,000 Value After the Acquisition $ 226,000 Market Value of the Acquisition $ 28,000 TCE See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non- permanent. It expressly restricts building wireless communication facilities. APPRAISERS: Zach J Holland, AR CG 2911 Dallas Bartholomew, AR RA 4412 Wi Project 2022129 Parcel No. 765-14654-000 Tract No. 17 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Wal-Mart Real Estate Business Trust, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2008-00030449) TRACT A tract of land in the SW'/4 of the NE'/4 and the NW'/4 of the SE'/4 of Section 19, Township 16 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, and being more particularly described as follows: Beginning at a point that is South 02 degrees 29 minutes 55 seconds West 476.17 feet from the Northwest corner of said SW '/4 of the NE '/4 and on the Southerly right-of-way Of U. S. Highway 62; thence along said southerly right-of-way North 75 degrees 31 minutes 50 seconds East 19.32 feet; thence North 69 degrees 22 minutes 00 seconds East 50.66 feet; thence North 73 degrees 46 minutes 48 seconds East 201.61 feet; thence North 71 degrees 56 minutes 0 1 seconds East 170.68 feet; thence North 71 degrees 05 minutes 12 seconds East 590.56 feet; thence South 60 degrees 07 minutes 05 seconds East 13.29 feet; thence leaving said southerly right-of-way South 03 degrees 07 minutes 30 seconds East 1087.49 feet; thence North 87 degrees 40 minutes 23 seconds West 119.01 feet; thence South 01 degrees 04 minutes 00 seconds West 139.39 feet; thence South 83 degrees 14 minutes 25 seconds West 831.23 feet; thence North 02 degrees 29 minutes 55 seconds East 400.00 feet; thence South 83 degrees 14 minutes .25 seconds West 150.00 feet to the West line of said SW'/4 of the NE'/4; thence North 02 degrees 29 minutes 55 seconds East along said West line 620.15 feet to the point of beginning and containing 1,093,383.08 square feet or 25.1006 acres, more or less. AND BEING a portion of the same property conveyed to Wal-Mart Stores, Inc., a Delaware corporation from Commonwealth-Ghosen Theatre Corporation by Warranty Deed dated March 29, 1993 and recorded April 30, 1993 in Instrument No. 93-22836. TRACT 2 A tract of land in the SW'/4 of the NE'/4 and in the NW'/4 of the SE'/4, Section 19, Township 16 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, and being more particularly described as follows: Beginning at a point that is South 02 degrees 29 minutes 55 seconds West 1096.32 feet from the Northwest corner of the said SW'/4 of the NE'/4; thence North 83 degrees 14 minutes 25 seconds East 150.00 feet; thence South 02 degrees 29 minutes 55 seconds West 400.00 feet; thence South 83 degrees 14 minutes 25 seconds West 150.00 feet; thence North 02 degrees 29 minutes 58 seconds East 171.34 feet to the Southwest corner of the said SW 1/4 of the NE'/4; thence North 02 degrees 29 minutes 55 seconds East along the West line of the said SW '/4 of the NE'/4, 228.66 feet to the point of beginning, and containing 59,218.38 square feet or 1.3595 acres, more or less; and, A tract of land in the NW'/4 of the SE'/4 of Section 19, Township 16 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, being described as follows: Beginning at a point that is South 02 degrees 29 minutes 55 seconds West 171.34 feet from the Northwest corner of said NW'/4 of the SE'/4; thence North 83 degrees 14 minutes 25 seconds East for 833.68 feet; thence South 02 degrees 38 minutes 22 seconds West along the Westerly boundary of Finger Park (Book 1073, Page 133) for 118.68 feet; thence South 83 degrees 14 minutes 25 seconds West for 833.39 feet; thence North 02 degrees 29 minutes 55 seconds East for 118.63 feet to the point of beginning, and containing 97,597.43 square feet or 2.2405 acres, more or less; subject to all easements for roads, drains and utilities of record. AND BEING a portion of the same property conveyed to Wal-Mart Stores, Inc., a corporation from Robert B. Leflar and Charles J.F. Leflar by Warranty Deed dated April 29, 1993 and recorded April 30, 1993 in Instrument No. 93-22840. LESS AND EXCEPT that portion of property conveyed to City of Fayetteville, a municipal corporation from Wal- Mart Stores, Inc., an Arkansas corporation by Warranty Deed dated November 10, 2004 and recorded November 17, 2004 in Instrument No. 2004-00047288. Tax Parcel No. 765-14654-000 Water/Sewer Easement Page 2 PERMANENT EASEMENT DESCRIPTION: Part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said Southwest Quarter of the Northeast Quarter; thence along the West line of said Quarter -Quarter S02026'01 "W 516.55'; thence S87037'23"E 54.37' to the East line of an existing 15' water line easement (filed for record as Document #95016618) and the Point of Beginning; thence S87037'23"E 96.55'; thence N72016'26"E 467.76'; thence S87015'13"E 249.61'; thence N69044'59"E 112.64'; thence N25117'41"E 54.45'; thence N59031'00"E 10.10' to the West right-of-way of West Farmers Drive; thence along said West right-of-way S02024'15"E 13.60' to the intersection of said West right-of-way with the Northwest line of an existing 15' City of Fayetteville sewer easement (filed for record in Book 93 Page 61512); thence along said Northwest easement line S25017'41"W 74.22'; thence S69144'59"W 109.38'; thence N87015'13"W 250.19'; thence S72016'26"W 432.14'; thence S02041'06"W 265.96'; thence N87017'51"W 106.79' to the East right-of-way of South Finger Road (Per ARDOT Job 040846); thence along said East right-of-way N02108'40"E 19.00'; thence continuing along said East right-of-way N42113'36"W 8.46'; thence S87116'05"E 87.98'; thence N02041'33"E 228.76'; thence N87016'05"W 109.41' to the East line of an existing 15' water line easement (filed for record as Document #95016618); thence along said East easement line N02029'55"E 24.22' to the Point of Beginning, containing 32,564 square feet or 0.75 acres more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A 10.00' wide easement lying parallel and adjacent to the South and East line of the above -described permanent easement, containing 11,626 square feet or 0.27 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. Water/Sewer Easement Page 3 It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 12024. WAL-MART REAL ESTATE BUSINESS TRUST AN ATTEST: [Please print or type Name and Title] [Please print or type Name and Title] ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON 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 and , to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the and I respectively, of Wal-Mart Real Estate Business Trust, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2024. MY COMMISSION EXPIRES: Notary Public ) -N P9 200 100 0 200 SCALE IN FEET Q O 0 Z pI �- Rlw�NWAY 62gLVD) ANSAS NIKIN� JR ARK II Raw R/w MARTIN II 15' WATER LINE EASEMENT�rf DOC. #95016618" CITY OF FA YETTEVILLE ' \ Rlw > k: -' SEWER EASEMENT / BK. 93 PG. 61512 1� 15'; WA TER AND SANITARY SEWER EASEMENT 10' WATER LINE EASEMENT WATER LINE EASEMENT ; DOC. #2007-00038002 DOC. #2007-00038002 20' WATER LINE EASEMENT DOC. #2022-0000J044 10' TEMPORARY CONSTRUCTION ti 15' WATER LINE EASEMENT DOC. #95016618 u Ln I 10' WA TER LINE EASEMENT DOC. #2007-00038002 ; LQ I plll I ulll I I IIIII 765-14654-000 I \; WA -MAR T REAL ES TA TE BUSINESS TRUST �fi;�; 2985 W MARTIN LUTHER KING BLVD ♦ < WA TER LINE EASEMENT ♦ ; DOC. #2007-00038002 CITY OF FA YETTEVILLE Ir1 UTILITY EASEMENT BK. 93 PG. 615(J7 I ♦� ♦ ♦ ♦ I I I I ♦�♦ \` I I I I ____ -------------------J inHAW)US6WEM EXHIBIT "A" E N& I N E E RS� INC UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE Van Buren Fort Smith Fayetteville Little Rock TRACT 17 — WAL—MART REAL ES TA TE BUSINESS TRUST (479) 474'7 I (479) 242-4685 I (479) 455-2206 I (501) 374-4846 FOR: CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.com I DA TE.- 0811612024 1 SCALE: 1"=200' 1 JOB NO. 2022129 Tract No. 19 Inreit Fayetteville, LLC CITY OF FAYETTEVILLE ARKANSAS December 16, 2024 Mr. Dave Perkins Inreit Fayetteville, LLC PO Box 2108 Fargo, ND 58107 RE: Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14709-000, 765-14709-001, 765-14703-000 2964 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Perkins: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $25,000.00 for the rights associated with the permanent easement (3,533 square feet), and $18,000.00 for damages, for a total of $43,000.00. Damages include the loss of professionally landscaped trees and shrubs, monument sign, and temporary loss of parking. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. incerely, Tim Nyander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 13,448 SgFt retail pharmacy on 1.85 acres of commercial land. The city is relocating water and sewer easements along this corridor. See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. 12/ 12/2024 Inreit Fayettville, LLC 765-14709-000, 765-14709-001, 765-14703-000 Fayetteville AR 13,448 Before the Acquisition 80,586 SgFt - Land Proposed Water and Sewer Easement 3,533 SgFt - Land (Acquisition Area) 77,053 SgFt - Land (Remainder) Remaining Rights In the Acquisition 3,533 SgFt - Land (Residual) C-2: Thoroughfare Commercial $ 2,200,000 75.000 Value Before the Acquisition Value After the Acquisitio $ 25,000 Market Value of the Acquisition $ 1,000 Temporary Damages $ 17,000 Damages After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non- permanent. It expressly restricts building wireless communication facilities. Damages: Damages include the loss of professionally landscaped trees and shrubs, monument sign, and temporary loss of parking. APPRAISERS: Zach J Holland, AR CG 2911 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No. 765-14703-000, 765-14709-001 & 765-14709-000 Tract No. 19 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Inreit Fayetteville, LLC, a North Dakota 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2009-00022543) Part of the SW 1/4 of the NE 1/4 of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Beginning at a found iron pin on the East side of One Mile Road as shown on Plat Records 2004-24333 and DR3-153, that is S 02015'33" W 1312.88 feet from the aluminum monument marking the North Quarter comer of said Section 19; thence S 86°17'35" E 120.52 feet to a found iron pin; thence S 87°05'00" E 146.60 feet to a 2 inch metal fence post; thence S 13002'49" E 129.40 feet; thence S 730 06' 12" W 100 feet; thence S 13° 02' 49" E 150.00 feet to the North right-of-way of U.S. Highway Number 62; thence along said North right-of-way the following Two courses: thence S 73°06'12" W 241.76 feet to an "X" scribed in concrete; thence N 61 °32'09" W 13.01 feet to a found iron pin on the East right-of-way of One Mile Road; thence along said East right-of-way N 02020'29" E 268.28 feet to a found iron pin; thence leaving said East right-of-way N 87045'10" W 6.87 feet; thence N 02020'29" E 112.34 feet to the point of beginning, containing 1.97 acres, more or less. Less and except that portion of the above described property which was previously deeded to the city of Fayetteville, Arkansas on a warranty deed filed December 14, 2007 as Document No. 2007-00045757, and being more particularly described as follows: Part of the SW 1/4 of the NE 1/4 of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Beginning at a found iron pin on the East side of One Mile Road as shown on Plat Records 2004-24333 and DR3-153, that is S 02015'33" W, 1312.88 feet from the aluminum monument marking the North Quarter corner on said Section 19; thence along the North line of Plat Record 2006-18071 as recorded in the official records for Washington County, Arkansas, S 86°17'35" E, 7.33 feet to a point on the proposed East right-of-way line of One Mile Road that is 25 feet Easterly of the existing centerline of said road; thence leaving the North line of said Plat Record 2006-18071 and continuing along said proposed East right-of-way line S 02000'27" W, 338.81 feet; thence 47.30 feet along a curve to the left said curve having a radius of 25.00 feet and a long chord of S 52011'38" E, 40.55 feet to a point on the proposed North right-of-way line of US Highway 62 that is 55 feet Northerly from the centerline of said Highway; thence along said proposed North right-of-way line N 73036' 18" E, 212.33 feet to the Easterly line of said Plat Record 2006-18071; thence leaving the proposed North right-of- way line of US Highway 62 and continuing along said Easterly line S 13002'49" E, 12.83 feet to the existing North right-of-way line of US Highway 62 as shown on said Plat Record 2006-18071; thence leaving the Easterly line of said Plat Record 2006-18071 and continuing along said existing North right-of-way line S 73 06'12" W, 241.76 feet; thence N 61032'09" W, 13.01 feet to the existing East right-of-way line of One Mile Road as shown on said Plat Record 2006-18071; thence along said existing East right-of-way line N 02020'29" E, 268.28 feet; thence leaving the existing East right-of-way line of One Mile Road and continuing along the Westerly line of said Plat Record 2006-18071 N 87045'10" W, 6.87 feet; thence N 02020'29" E, 112.34 feet to the point of beginning, containing 0.12 acres, more or less. PERMANENT EASEMENT DESCRIPTION: Part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said Southwest Quarter of the Northeast Quarter; thence along the North line of said Quarter -Quarter S86148'31"E 266.81'; thence S13006'57"E 129.97'; thence S73006'54"W 99.86'; thence S13103'44"E 108.25' to the Point of Beginning; thence continuing S13103'44"E 7.01' to the North line of an existing City of Fayetteville water and sewer easement (filed for record in Book 861 Page 100); thence along said North easement line S73019'54"W 182.84' to the East right-of-way of South One Mile Road (Per ARDOT Job 040846); thence along said East right-of-way the following three (3) courses: N78056'28"W 11.31'; Water/Sewer Easement Page 2 thence N35051'40"W 48.00'; thence N00139'20"W 11.60'; thence N89046'57"E 30.58'; thence S57101'19"E 60.47'; thence N73119'54"E 137.38' to the Point of Beginning, containing 3,533 square feet or 0.08 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct pipelines and/or make repairs to lines within the above -described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs 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 in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 12025. M INREIT FAYETTEVILLE, LLC, a North Dakota limited liability company By its sole member: Sterling Properties, LLLP, a North Dakota limited liability limited partnership By its general partner: Sterling Real Estate Trust Luke B. Swenson, Chief Investment Officer Water/Sewer Easement Page 3 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 Luke B. Swenson, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Chief Investment Officer of Sterling Real Estate Trust, the general partner of Sterling Properties, LLLP, a North Dakota limited liability limited partnership, the sole member of Inreit Fayetteville, LLC, a North Dakota limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2025. MY COMMISSION EXPIRES: Notary Public 40 20 0 40 SCALE IN FEET � CITY OF FA YETTEVILLE ✓` UTILITY EASEMENT 765-14703-000 BK. 1031 PG. 535 765-14709-001 765-14709-000 INREI T FA YETTEVILLE, LLC 2964 W MARTIN LUTHER KING BLVD 1 R/Hi ""R AND SANITARY IfER EASEMENT - f�LL� T EW R 100 MEN TER & 861 PG V 6K, lGNWAY 62gLVD) RKANSAS R KING JR CM AR �N LDTME N InHAICIN 4WE� EXHIBIT �A" ENS IN E E RS� IN G. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE TRACT 19- INREIT FAYETTEVILLE, LLC Van Buren Fort Smith Fayetteville Little Rock v (479) 474-1227 (479) 242-4685 (479) 455-2206 (501) 374-4846 FOR: CITY OF FA YETTEVILLE, ARKANSAS w w w. h a w k i n s -weir . c o mI DATE: 07 12 2024 SCALE.- 1--40' JOB NO. 2022129 Tract No. 20 Uasiliki Investments, LLC CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Mr. Chris Drosopoulos Vasiliki Investments, LLC 2607 Towson Avenue Fort Smith, AR 72901 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14710-000 2920 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Drosopoulos. The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $3,000.00 for the rights associated with the permanent easement (517 square feet) and $400.00 for damages, for a total of $3,400.00. Damages include temporary loss of parking. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sin ere , Tim yander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 2,800 SgFt professional office on 0.29 acres of commercial land. The city is relocating water and sewer easements along this corridor. See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. Vas,hki Investments, LLC 76S-14710-000 Fayetteville AR Before the Acquisition 12.632 Se Ft . Lnnd Proposed Water and Sewer Easement 291,000 Value Before the Acquilskion $ 400 Temporary Damages After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non -permanent. It expressly restricts building wireless communication facilities. Damages: Temporary loss of parking. Zach J Holland, AR CG 291 1 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No 765-14710-000 Tract No. 20 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS THAT Vasiliki 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2014-00012400) A part of the SW1/4 of the NE1/4 of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County. Arkansas, and being more particularly described as follows: Commencing at the Northwest corner of the above SW1/4 of the NE1/4 from which a found railroad spike bears S80°55'03"W, a distance of 11.35 feet, thence S86°19'39"E, a distance of 120.52 feet, thence S87°07'04"E, a distance of 146.60 feet to a point from which a found 1" open pipe bears S87°19'05"E, a distance of 10.08 feet, thence S13°04'53"E, a distance of 129.40 feet to the True Point of Beginning being a found 5/8" rebar w/cap (PS 931), thence S13°04153"E, a distance of 150.00 feet to a set 5/8" rebar w/cap (PS 1496) on the Northerly right-of-way line of U.S. Highway 62, thence S73°04'08"W, along the above said Northerly right-of-way line, a distance of 100.00 feet to a set 5/8" rebar w/cap (PS 1496); thence N13°04'53"W, leaving the above said Northerly right-of-way line, a distance of 150.00 feet to a set 5/8" rebar w/cap (PS 1496); thence N73°04'08"E, a distance of 100 feet to the Point of Beginning and containing 14,966 square feet or 0.34 acres, more or less. PERMANENT EASEMENT DESCRIPTION: Part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said Southwest Quarter of the Northeast Quarter, thence along the North line of said Quarter -Quarter S86048'31"E 266.81', thence S13006'57"E 129.97', thence S73006'54"W 99.86', thence S13003'44"E 108.25' to the Point of Beginning; thence N73019'54"E 0.67', thence S15°22'58"E 2.21', thence N75°44'48"E 2.95', thence N14144'34"W 2.34'' thence N73°19'54"E 71.24' to the West line of an existing 25' utility easement (filed for record in Book 1077 Page 530), thence along said West easement line S13006'57"E 7.01' to the intersection of the North line of an existing City of Fayetteville water and sewer easement (filed for record in Book 1031 Page 536); thence along said North easement line S73019'54"W 74.89" thence N13103'44"W 7.01' to the Point of Beginning, containing 517 square feet or 0.01 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct pipelines and/or make repairs to lines within the above -described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs as set out in this easement. Water/Sewer Easement Page 2 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. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 2024. VASILIKI INVESTMENTS, LLC, an Arkansas limited liability company BY: Vasso Drosopoulos, Member BY: Effie Drosopoulos, Member ACKNOWLEDGMENT STATE OFARKANSAS ss. COUNTY OF WASHINGTON 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 Vasso Drosopoulos and Effie Drosopoulos, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are Members of Vasiliki Investments, LLC, an Arkansas limited liability company, and are duly authorized in their capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they 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: Notary Public 2024. M a rV 5 Ki 30 15 0 30 SCALE IN FEET 1 1 1 1 1 1 1 1 1 1 N Qn 1 � � C 1 1 O � 765-14710-000 VASILIKI INVESTMENTS, LLC 2920 W MARTIN LUTHER KING BL VD � D 1 � 1 Wm o� 1 m 1 1 1 1 1 1 1 1 t ` 1 11 WA TER AND SANI TAR Y �� SEWER EASEMENT -� LLE TTEVI ENT 1 AYE EME J� F F EAS 0 R 1 CTER & SE3 E P� 53�" WA gK. 1 0 _ �- o I�NWAY 62B� AVD) R/W RKANSAS R KING JR. N ��TNE _- tMAR.� HAWKI NS ©WEIR EXHIBI T "A " E N G I N E E R S, I N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE Van Buren Fort Smith Fayetteville Little Rock TRACT 20 — VASILIKI INVESTMENTS, LLC (479) 474_1227 (479) 242.4685 I (479) 455-2206 I (501) 374-4846 FOR: CI TY OF FA YETTEVILLE, ARKANSA S www.hawkins-weir.com I DA TE: 0711212024 1 SCALE: 1 "— 30' I JOB NO. 2022129 Tract No. 24 Gregory S. Long and Lesa Long I US CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Gregory S. Long PO Box 66 Prairie Grove, AR 72753 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14705-000 2818 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Long The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $1,000.00 for the rights associated with the permanent easement (105 square feet) and $2,700.00 for the rights associated with the temporary construction and grading easement (905 square feet), for a total of $3,700.00. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sin erely, Tim N rider Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 1,916 SgFt retail building on 0.40 acres of commercial land. The city is relocating water and sewer easements along this corridor-. lulzrz� Date PHYSICAL CHARACTERISTICS Gregory 5 Long • 765-14705-000 Fayetteville AR 1,916 Before the Acquisition 17,424 SgFt - Land Proposed Water and Sewer Easement 105 SgFt - Land (Acquisition Area) After the Acquisition 17.319 SqFt - Land (Remainder) Remaining Rights in the Acquisition 105 SqFt - Land (Residual) Temporary Construction Easements 905 Ft•Land C-2; rhorouxhfarc Commcro.J • • . $ 402,500 Land Value Before the Acquisition 401,500 Land Value Aftsrthe Acquisition $ 1,000 Market Value of the Acquisition $ 2.700 TCE See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assul-es us that owners and customers will continue to have access and use of the parking and building during Construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non- permanent. It expressly restricts building wireless communication facilities. Zach J Holland, AR CG 291 1 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No. 765-14705-000 Tract No. 24 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Gregory S. Long and Lesa Long, husband and wife, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2017-00026276) Part of the W 112 of the NE 1/4 of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows, to -wit: Beginning at a point on the North Right -of -Way of U.S. Highway 62, which is West 526.1 feet and S18°08'E 69.0 feet, and S68°42'W 130.1 feet of the SE corner of the NW 1/4 of the NE 1/4 of said Section 19, and running thence N18°08'W 232.2 feet, thence S68°42'W 90.0 feet, thence S18°08'E 232.2 feet, thence N68°42'E 90 feet to the Point of Beginning. LESS & EXCEPT Part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at a State Monument being used as the Quarter corner of said Sections 18 and 19, thence South 02°15'32" West a distance of 1,312.90 feet to the Northwest corner of the Southwest Quarter of the Northeast Quarter of said Section 19, thence South 86°48'31'' East along the North line of the Southwest Quarter of the Northeast Quarter of said Section 19 a distance of 727 17 feet to a point on the Southwesterly right of way line of Oak Drive, thence South 15°31'16" East along said right of way line a distance of 107.11 feet to a point on the Northwesterly right of way line of U.S. Highway 62 (M.L.K. Jr. Blvd.) as shown on a Plat filed May 26, 2005 as 2005-00022724, thence South 71°02'40" West along said right of way line a distance of 77.86 feet to the POINT OF BEGINNING; thence continuing South 71°02'40" West along said right of way line of U.S. Highway 62 (M.L.K Jr. Blvd.) as established by ARDOT Job 040846: thence North 71043'02" East along said right of way line a distance of 89.96 feet to a point, thence South 16°03'30" East a distance of 18.19 feet to the POINT OF BEGINNING and containing 0.04 acres (1,683 square feet) more or less, as shown on plans referenced as ARDOT Job 040846. PERMANENT EASEMENT DESCRIPTION: Part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Commencing at the Northwest corner of said Southwest Quarter of the Northeast Quarter; thence along the North line of said Quarter -Quarter S86148'31"E 643.74'; thence S16°03'30"E 95.79' to the Point of Beginning, thence continuing S16003'30"E 6.84' to the North line of an existing City of Fayetteville water and sewer easement (filed for record in Book 861 Page 101), thence along said North easement line S71007'30"W 30.62'; thence N58°41'19"E 31.70' to the Point of Beginning, containing 105 square feet or 0.002 acres more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A 10.00' wide easement lying parallel and adjacent to the North line of the above -described permanent easement, containing 905 square feet or 0.02 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. Water/Sewer Easement Page 2 TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities The Grantee shall have the right to construct pipelines and/or make repairs to lines within the above -described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs 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. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of .2024. GREGORY S. LONG LESA LONG STATE OF ARKANSAS COUNTY OF WASHINGTON 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 Gregory S. Long and Lesa Long, husband and wife, to me well known as the person who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of , 2024 MY COMMISSION EXPIRES Notary Public W ¢ J 30 15 0 30 SCALE IN FEET 765-14705-000 LONG, GREGOR Y S. 2818 W MARTIN LUTHER KING BLVD 10' TEMPORARY CONSTRUCTION EASEMENT WA TER AND SANITARY ....... SEWER EASEMENT ,,....' >� ..�........,�.1 ,,,, t.......' VI ENT :::: :�1= FpYET SEME '��,!- TY 0 EWER G. 101 C1 S � WATER 8 . 86 R/W � NIGNWA JR 62 BLVD) 5 G AROVERKIN (M AR1IN � inHAWKINSoWEIR ENGI NEERS, INC. UTILITY Van Buren Fort Smith Fayetteville Little Rock (479) 474-1227 (479) 242-4685 I (479) 455-2206 I (501) 374-4846 EXHIBIT "A" RELOCATIONS FOR I-49 MLK INTERCHANGE TRACT 24 - GREGORY S. LONG FOR: CITY OF FAYETTEVILLE, ARKANSAS www.hawkins-weir.com I DATE.' 10 SCALE.- 1 "-30' JOB NO. 2022129 Tract No. 25 Hultquist Investments, LLC II CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Mr. Mike Hultquist Hultquist Investments, LLC 7201 W Shadow Valley Road Rogers, AR 72758 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14706-000 2804 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Hultquist: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $9,000.00 for the rights associated with the permanent easement (1,416 square feet) and $1,100.00 for damages, for a total of $10,100.00. Damages include the loss of professionally landscaped shrubs and temporary loss of parking. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sin rel Tim N 4 ander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 3,224 SgFt retail building on 0.40 acmes of commercial land. The city is relocating water and sewer easements along this corridor. See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. 1 r 1 size Date PHYSICAL CHARACTERISTICS Hultqulst Investments, LLC�,perty Owner 765 14706-000 Fayettevi I lely AR iAe 3,224 SqFt - Gross Building Area Before the Acquisition 17,424 SgFt - Land Proposed Water and Sewer Easement 1,416 SgFt - Land (Acquisition Area) After the Acquisition 16;008 Ft -land (Remainder) Romalnrng Rrghis In the AcgWsiuon • Land Residual C-z; Thom o Commerdal ting CONCLUSIONS $ 438,000 Land Value Before the Acquisition $ 429.000 Land Value After the Ac isition $ 9,000 Market Value of the Acquisition $ 700 Temporary Damazes $ 400 Damages After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non -permanent. It expressly restricts building wireless communication facilities. Damages: Damages include the loss of professionally landscaped shrubs and ternporary loss of parking. f'APPRAISFaIR- Zach J Holland, AR CG 291 1 Dallas Bartholomew, AR RA 441 2 Project 2022129 Parcel No. 765-14706-000 Tract No 25 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Hultquist 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2012-00039650) Part of the W/2 of the NE/4 of Section 19, Township 16 North. Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE Corner of the NW/4 of the NE/4 of said Section 19, thence North 89 degrees 16'18" West 569.52 feet to the Point of Beginning; and running thence South 18 degrees 08'00" East 96.53 feet to the Northerly Right of Way of U.S. Highway 62; thence South 68 degrees 00'54'' West along said Right of Way 90.0 feet, thence leaving said Right of Way North 18 degrees 0911" West 233.44 feet to an existing iron pipe, being the SW corner of Lot 9 of Rutledge Subdivision in the City of Fayetteville, Arkansas as per Plat thereof on tile in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, thence North 68 degrees 35' 10" East 90.03 feet to an existing iron pipe being the SE Corner of said Lot 9, thence South 18 degrees 08' East 136.02 feet to the Point of Beginning and containing 0.48 acres, more or less. LESS & EXCEPT Part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, Washington county, Arkansas, more particularly described as follows: Commencing at a State Monument being used as the Quarter corner of said Sections 18 and 19, thence South 02'15'3" West a distance of 1,312.90 feet to the Northwest corner of the Southwest Quarter of the Northeast Quarter of sad Section 19, thence South 86°48'31" East along the North line of the Southwest Quarter of the Northeast Quarter of said Section 19 a distance of 727.17 feet to a point on the Southwesterly right of way line of Oak Drive, thence South 15°31'16" East along said right of way line a distance of 81.95 feet to the POINT OF BEGINNING; thence continuing South 15031'16'' East along said right of way line a distance of 25.16 feet to a point on the Northwesterly right of way line of U.S. Highway 62 (M.L.K. Jr. Blvd.) as shown on a Plat filed May 26, 2005 at 2005-00022734, thence South 71 °02'40" West along said right of way line a distance of 77.86 feet to a point, thence North 16°03'30" West a distance of 18.19 feet to a point on the Northwesterly right of way line of U.S. Highway 62 (M L K. Jr. Blvd.) as established by ARDOT job 040846; thence North 65°58'51" East a distance of 78.76 feet to the POINT OF BEGINNING and containing 0.04 acres (1,687 square feet) more or less, as shown on plans referenced as ARDOT Job 040846. PERMANENT EASEMENT DESCRIPTION: Part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Commencing at the Northwest corner of said Southwest Quarter of the Northeast Quarter, thence along the North line of said Quarter -Quarter S86048'31"E 737.73 to the Southwest right-of-way of South Oak Road, thence along said Southwest right-of-way S15°28'18"E 45.92' to the Point of Beginning, thence continuing along said Southwest right-of-way S15128'18"E 21.50' to the North line of an existing City of Fayetteville water and sewer easement (filed for record in Book 856 Page 724), thence along said North easement line S71011'32"W 88.14'' thence N161)03'30"W 6.84" thence N58114119"E 67.58" thence N711)10'47"E 23.09' to the Point of Beginning, containing 1,416 square feet or 0.03 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. Water/Sewer Easement Page 2 The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct pipelines and/or make repairs to lines within the above -described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs 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 parry securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 2024. HULTQUIST INVESTMENTS, LLC, an Arkansas limited liability company M Mike Hultquist, President ACKNOWLEDGMENT STATE OFARKANSAS ss. COUNTY OF WASHINGTON 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 Mike Hultquist, to me well known as the person who executed the foregoing document, and who stated and acknowledged that is the President of Hultquist Investments, LLC, an Arkansas limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES; Notary Public , 2024. 1 O 30 15 0 30 1 SCALE IN FEET \ D 70 O 1 � 1 765-14706-000 HULTQUIST INVESTMENTS, L L C 2804 W MARTIN LUTHER KING BL VD TTE VILLE _YE \----<.CITY oF S EASENIENT O' �--, ACCES?014- - - ppC. 1 WA TER AND SANITARY -� -- - SEWER EASEMENT r VI��E EN TY pF F WETIE E �4 T - WATER K 856 --�. 1 B 1_- R/W GNWAY 62BLVD) ANSAS NI KING JR' �MARt1 AR N MOO fmHAWKINS&WEIR EXHIBIT "A" E N G I N E E R S. I N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE Van Buren I Forl Smith Fayetteville Little Rack TRACT 25 — HUL TQUIST INVESTMENTS, L L C (479) 474-1227 (479) 242-4685 I (479) 455-2206 I (501) 374-4646 FOR: CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.com I DA TE.• 0912JI2024 I SCALE, 1"=30' 1 JOH NO. 2022129 Tract No. 26 Bird Cold Storage Company CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Mr. Robert A. Vogel Bird Cold Storage Company C/O Auto Zone Inc. #3856 PO Box 2198 Dept 8700 Memphis, TN 38101 RE: Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14711-000 2790 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Vogel The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $12,000.00 for the rights associated with the permanent easement (1,777 square feet), $3,200.00 for the rights associated with the temporary construction and grading easement (1,079 square feet), and $500.00 for damages, for a total of $15,700.00. Damages include the loss of a professionally landscaped tree. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 documents, a check will be requested, and you will be paid the amount indicated in this offer letter. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. 4Sincre , Tim yander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 7,360 SgFt retail building on 0.90 acres of commercial land. The city is relocating water and sewer easements along this corridor. See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non -permanent. It expressly restricts building wireless communication facilities. Damages: Damages include the loss of a professionally landscaped tree. APPRAISERS: Zach J Holland, AR CG 2911 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No 765-14711-000 Tract No 26 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Bird Cold Storage Company, an Arkansas general partnership, 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 Grantee's successors and assigns. a permanent easement to construct, lay; remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2006-00036735) Part of the West 1/2 of the NE 1/4 of Section 19, Township 16 North, Range 30 West, being more particularly described as follows: Commencing at the SE corner of the NW 1/4 of the NE 114 of said Section 19, thence West 214.92 feet (record 221 feet) to a point in the center of US Highway 62; thence South 68' 27' 59" West 103.66 feet (record, South 780 48' West 104 feet) to a point in said centerline; thence North 19° 46' 10" West 40.13 feet to an existing iron rebar on the North right of way line of said Highway 62 for the true point of beginning, said point being the SW corner of a tract of land recorded in land record 2000-73345, thence South 68' 27' 59'' West 190.42 feet to a set 112" iron rebar at the intersection of the North right of way line of said Highway 62 with the East right of way line of Oak Road; thence leaving the North right of way line of said Highway 62, North 18' 08' 01" West 233.33 feet along the East right of way line of Oak Road to an existing iron pipe, thence leaving the East right of way line of Oak Road, North 59' 17' 46" East 187. 06 feet along the South line of the Rutledge Subdivision to the City of Fayetteville, Arkansas, to an existing iron rebar; thence leaving the South line of said subdivision, South 19' 46' 10" East 262.85 feet along the West line of a tract of land recorded in land document 2000-73345 to the point of beginning, containing 1.06 acres, more or less, Fayetteville, Washington County, Arkansas. The above described 1.06 acre tract being subject to a 30 foot wide utility easement, said easement lying North of and being adjacent to and parallel with the South boundary. LESS AND EXCEPT: Part of the West 112 of the NE 1/4 of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE corner of the NW 1/4 of the NE 1/4; thence along the South line of said Forty, North 87' 23' 35" West 214.92 feet; thence leaving said South line, South 71 ° 04' 24" West 103. 66 feet; thence North 17' 09' 45" West 40.13 feet to an existing 112 inch rebar on the North right of way line of US Highway 62 and the point of beginning; thence along said right of way line, South 71' 04' 24" West 190.41 feet to an existing 1/2 inch rebar on the East right of way line of Oak Road; thence along said right of way line, North 150 31' 36" West 15.11 feet to a point; thence leaving said right of way line, North 710 47' 09" East 125.39 feet to a point; thence North 67' 32' 32" East 64 80 feet to a point, thence South 170 09' 45" East 17.52 feet to the point of beginning, containing 0.06 acres, more or less, and being the same lands as conveyed to the City of Fayetteville, Arkansas, a municipal corporation, by Warranty Deed filed for record March 7, 2006, as land document number 2006-9306, records of Washington County, Arkansas. PERMANENT EASEMENT DESCRIPTION: Part of the Northwest Quarter of the Northeast Quarter and part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Commencing at the Southeast corner of said Northwest Quarter of the Northeast Quarter, thence along the South line of said Quarter -Quarter N86048'31"W 349.92' to the intersection of said South Quarter -Quarter line with the Northern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846); thence along said Northern right-of-way N70048'38"E 20.11' thence N17008'01"W 17,91' to the North line of an existing utility easement (filed for record as Document #023A-00000206) and the Point of Beginning; thence along said North easement line S67030'48"W 65.93', thence continuing along said North easement line S71045'25"W 98.01' to the East line of an existing 20' utility easement (filed for record as Document #023A-00000206); thence along said East easement line N13°59'03"W 22.49', thence N80113'33"E 110.25', thence N70034'19"E 53.10'; thence S17008'01"E 2.41' to the Point of Beginning, containing 1,777 square feet or 0.04 acres more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: Part of the Northwest Quarter of the Northeast Quarter and part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Water/Sewer Easement Page 2 Commencing at the Southeast corner of said Northwest Quarter of the Northeast Quarter, thence along the South line of said Quarter -Quarter N861148'31"W 349.92' to the intersection of said South Quarter -Quarter line with the Northern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846), thence along said Northern right-of-way N70148'38"E 20.11', thence N17°08'01' W 20.56' to the North line of the above described permanent easement and the Point of Beginning; thence along said North line S74039'24"W 52.91'; thence continuing along said North line S80013'33"W 110.34', thence N15°44'32"W 6.03', thence N80013'33"E 110.46'; thence N70034'19"E 52.66'; thence S17008'01"E 9.78' to the Point of Beginning, containing 1,079 square feet or 0.02 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 2024. BIRD COLD STORAGE COMPANY, an Arkansas general partnership By: Robert A. Vogel Management, LLC, general partner BY: Robert A. Vogel, Manager Water/Sewer Easement Page 3 ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON 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 Robert A. Vogel, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Manager of Robert A. Vogel Management, LLC, a general partner of Bird Cold Storage Company, an Arkansas general partnership, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2024. MY COMMISSION EXPIRES: Notary Public J 40 20 0 40 O r a J SCALE IN FEET 0 0 U U 3 ` 1 W � � 1 ZO , Q � 1 111 M 765-14711-000 1 BIRD COLD STORAGE COMPANY 2790 W MARTIN L U THER KING BL VD � 1 N f A 1 O 1 V/ ` a '1 1 o � , N 10 1 TEMPORARY o CONSTRUCTION EASEMENT WA TER AND SANITARY - l 1 a� �..y� W o a SEWER EASEMENT -EASE �p206 _/ + UjIL11Y 00° � - z ' 000 #023A� - i �NWAY 62BLVD) ANSAS NI KIND JR. w ARK LUTMER Z MAR"N O HAWKI NS 6WE I R EXHIBI T "A" ENGIIm N E E R S, I N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE TRACT 26 - BIRD COLD STORAGE COMPANY Van Buren I Fort Smith I Fayetteville Little Rock (479) 474-1227 (479) 242-4685 (479) 455-2206 I (501) 374. S46 FOR: CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.com I DATE.• 10 SCALE.- 1SCALE.• 1 "=401JOB NO. 2022129NO. 2022129 Tract No. 28 RPC Land Holdings, LLC IWA CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Mr. Ronald W. Connolly RPC Land Holdings; LLC 16670 Sugar Creek Road Garfield, AR 72732 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14700-000 2724 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Connolly: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $31,000.00 for the rights associated with the permanent easement (4,289 square feet) and $8,600.00 for the rights associated with the temporary construction and grading easement (2,883 square feet), for a total of $39,600.00. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents; a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sinc rely Tim Nya der Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 4,335 SgFt automotive dealership on 1.30 acres of commercial land. The city is relocating water and sewer easements along this corridor. I Il18/24'%ffective Date PHYSICAL CHARACTERISTICS �� RPC Land Holdings, LLC Property Owner 765-14700-000 Fayetteville City AR"'tate 4,335SqFt - Gross Building Area Before the Acquisition 56,628 SgFt - Land Proposed Water and Sewer Easement 4,289 SgFt - Land (Acqulsidon Area) After the Acquisition 52.334 SqFt - Land(Remainder) Remaining Rights In the A 4.289 SqFt - Land Residual Temporary Construction Easements _ 2,880_ SciFt - Land C-2; Thoroughfare Commercial CONCLUSIONS $ 1,657,000 Land Value Before the Acquisition ' uisitlon $ 31,000 Market Value of the Acquisition $ 8,600 TCE See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non -permanent. It expressly restricts building wireless communication facilities. APPIRAlSERS: Zach J Holland, AR CG 2911 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No 765-14700-000 Tract No. 28 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS THAT RPC Land Holdings, LLC, an Arkansas limited liability company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2021-00000129) Part of the NW of the NE of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, described as follows, to -wit: Beginning at a point on the North line of the right of way of U.S. Highway No. 62, which is N39°W of a point on the North line of the former right of way of the 0 & C.C. (Frisco) Railroad, which is 50 feet North of the SE corner of said 40 acre tract, thence N39°W, with an old fence line, 264 feet to the corner with new fence, thence Westerly with said new fence line, 210 feet; thence South bearing East with new fence line 256 feet to the North line of the right of way of U.S. Highway No. 62; thence in an Easterly direction with the North line of said Highway, 298 feet to the beginning point, containing 1.5 acres, more or less. LESS AND EXCEPT That portion deeded to the Arkansas State Highway Commission in Deed 1060 at Page 478 described as part of the NW of the NE of Section 19, Township 16 North, Range 30 West, Washington County. Arkansas, more particularly described as follows Starting at the SE corner of the NW of the NE of Section 19; thence NO2°06'E along the East line a distance of 130.1 feet to a point on the Northerly existing right of way line of U.S. Highway 62; thence S70045'W along said existing right of way line a distance of 236.3 feet for the point of beginning, thence continue S70°45W along said existing right of way line a distance of 25.0 feet to a point on the Northerly proposed right of way line of U.S. Highway 62, thence N52°19'E along said proposed right of way line a distance of 15.8 feet to a point, thence S82°41'E along said proposed right of way line a distance of 11.2 feet to the point of beginning and containing 62 square feet, more or less. LESS AND EXCEPT Part of the SW/4 of the NE/4 and part of the NW/4 of the NE/4 of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at a State Monument being used as the Quarter corner of said Sections 18 and 19, thence South 02°15'32" West a distance of 1,312.90 feet to the Northwest corner of the SW/4 of the NE/4 of said Section 19; thence South 86°48'31" East along the North line of the SW/4 of the NE/4 of said Section 19 a distance of 980.21 feet to a point on the Northeasterly right of way line of U.S. Highway 62 (M.L.K. Jr. Blvd.) for the POINT OF BEGINNING; thence North 17'08'01" West along said right of way line a distance of 8.16 feet to a point on the Northeasterly right of way line of U.S. Highway 62 (M.L.K. Jr. Blvd.) as established by ARDOT Job 040846, thence North 70°48'38" East along said right of way line a distance of 271.69 feet to a point, thence North 34°04'27" East along said right of way line a distance of 24.92 feet to a point, thence South 35°10'44" East a distance of 37.27 feet to a point on the Northeasterly right of way line of U S. Highway 62 (M.L.K. Jr. Blvd.) as established by AHTD Job 4705-2; thence South 71 °02'40" West along said right of way line a distance of 302.63 feet to a point, thence North 17°08'01" West a distance of 11.53 feet to the POINT OF BEGINNING and containing 0.14 acres (6,255 square feet) more or less, as shown on plans referenced as ARDOT Job 040846. PERMANENT EASEMENT DESCRIPTION: Part of the Northwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Commencing at the Southeast corner of said Northwest Quarter of the Northeast Quarter, thence along the South line of said Quarter -Quarter N86048'31"W 349.92' to the intersection of said South Quarter -Quarter line with the Northern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846). thence along said Northern right-of-way N70148'38"E 20.11', thence N17108'01"W 5.31' to the North line of an existing City of Fayetteville water and sewer easement (filed for record in Book 829 Page 868) and the Point of Beginning, thence continuing N17°08'01"W 15.01', thence N71°02'36"E 289.72'; thence S35010'44"E 4 40' to said Northern right-of-way; thence along said Northern right-of-way S34°04'27"W 17.93' to said North easement line, thence Water/Sewer Easement Page 2 along said North easement line S71002'40"W 277.10' to the Point of Beginning, containing 4,289 square feet or 0.10 acres more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A 10.00' wide easement lying parallel and adjacent to the North line of the above -described permanent easement, containing 2,880 square feet or 0.07 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of , 2024. RPC LAND HOLDINGS, LLC, an Arkansas limited liability company BY: Ronald W. Connolly, Managing Member Water/Sewer Easement Page 3 ACKNOWLEDGMENT STATE OFARKANSAS 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, Ronald W. Connolly, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is a Managing Member of RPC Land Holdings, LLC, an Arkansas limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES Notary Public 2024. Y 50 25 0 50 O r J SCALE IN FEET J J U \ U U 3 w z z \a a � o \ 765-14700-000 \ ' RPC LAND HOLDINGS LLC 0 1 2 72 4 W MARTIN LUTHER KING BL VD CITY OF FA YETTEVILLE WATER & SEWER EASEMENT_..,.- BK. 829 PC 868 _ .. . ' ' 10' TEMPORARY CONSTRUCTION EASEMENT 10' N WA TER AND SANITARY -• • .... , SEWER EASEMENT R/W �HWAY 62BLVD) KANSAS NIKINc' JR. 2 R �DTMER RTIN O N R�W HAWKINS 6WE IR EXHIBIT "A" ENGI N E E R s, i N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE Van Buren I Fart Smith FayettevilleLittlele Rock TRACT 28 — RPC LAND HOLDINGS, LLC (479) 474-1227 (479) 242A685 I (479) 455.2206 I (501) 3744846 FOR: CITY OF FA YETTEVILLE, ARKANSAS tit www.hawkins-weir.com I DATE: 11 SCALE 1"=SCALE 1 501JOB NO. 2022129NO. 2022129 Tract No. 32 Halbert Properties, LLC CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Ms. Ida Carolyn Halbert Halbert Properties, LLC 1228 Reed Valley Road Fayetteville, AR 72704 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14670-000 2675 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Ms. Halbert: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to; moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $7,000.00 for the rights associated with the permanent easement (3,474 square feet) and $2,000.00 for damages, for a total of $9,000.00. The construction -related damages will result in a partial and temporary restriction of parking access at the entrance point. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sinc reI Tim N ander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 4,000 SgFt retail shop on 0.72 acres of commercial land. Most of the site is in the flood plain and floodway. 11/20/2024 Effective Date PHYSICAL CHARACTERISTICS ]JIV Halbert Properties LLC Property Owner 765-14670-000 & Parcel Fayetteville City AR 4,000 Before the Acquisition 31,363 SgFt - Land Proposed Water and Sewer Easement 3,474 SgFt - Land (Acquisition Areal After the Acquisition 27.889 SgFt - Land (Remainder) Remaining Rights In the Acquisition 3,474 SgFt - Land (Residual) C-2: Thoroughfare Commercial $ 420,000 Land Value Before the Acquisition 413,000 Land Value After the Acqulsition $ 7,000 Market Value of the Acquisition $ 2,000 Temporary Damages The city is relocating water and sewer easements along this corridor. See mapping for specific locations. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The building appears to be unaffected by the acquisition. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non- permanent. It expressly restricts building wireless communication facilities. Damages: The construction will partially and temporarily restrict and limit the parking lot at the entrance point. Zach J Holland, AR CG 291 1 Project 2022129 Parcel No 765-14714-000 & 765-14748-000 Tract No. 32 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Halbert Properties, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2013-00011513) Part of the Northeast Quarter (NEI/4) of the Northeast Quarter (NEI/4) of Section Nineteen (19), Township Sixteen (16) North, Range Thirty (30) West, more particularly described as follows, to -wit: Beginning at a point 145.05 feet East of the Southwest corner of said 40-acres tract, and running, thence East 132.45 feet; thence North 191.00 feet to the center line of U.S. Highway No. 62; thence South 69°15' West along the center line of said Highway 140.00 feet; thence South to the place of beginning. Except that portion contained in Highway 62, along the North side thereof. Less and Except: Part of the Northeast Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at a point being used as the Northeast Sixteenth Corner of Section 19, thence South 86 °54' 56" East along the South line of the Northeast Quarter of the Northeast Quarter of Section 19 a distance of 32.53 feet to a point on the Easterly right of way line of East Farmers Drive established by City of Fayetteville Master Street Plan, thence North 01 °26'35" West along said right of way line a distance of 38.31 feet to a point on the Southerly right of way line of U.S. Highway 62 as established by AHTD Job 4705 Sec. 2; thence North 52 °36'34" East along said right of way line a distance of 9.33 feet to a point, thence North 71 °02'40" East along said right of way line a distance of 68.00 feet to a point; thence North 71 049'46" East along said right of way line a distance of 49.37 feet to the POINT OF BEGINNING, thence continue North 71 °49'46" East along said right of way line a distance of 106.38 feet to a point, thence North 73 °41 '46" East along said right of way line a distance of 30.95 feet to a point; thence North 72 '1553" East along said right of way line a distance of 4.79 feet to a point; thence South 03 °27'43" West a distance of 13.66 feet to a point on the Southerly right of way line of U.S. Highway 62 as established by AHTD Job 040485: thence South 74 °29'05" West along said right of way line a distance of 140.09 feet to a point; thence North 03 °27'43" East a distance of 7.80 feet to the point of beginning and containing 0.03 acres more or less (1,475 sq. ft. more or less) as shown on plans prepared by the AHTD referenced as Job 040485. Less and Except: A part of the Northeast Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Starting at the Southwest Corner of the Northeast Quarter of the Northeast Quarter of Section 19; thence North 02 006' East along the West line of the Northeast Quarter of the Northeast Quarter of Section 19 a distance of 54.9 feet to a point on the existing Southerly right of way line of U.S. Highway 62; thence North 70 °45' East along said existing right of way line a distance of 99 1 feet to a point, thence in a Northeasterly direction along said existing right of way line on a curve right having a radius of 5699.58 feet a distance of 57.06 feet to a point for the point of beginning, thence continue in a Northeasterly direction along said existing right of way line on a curve to the right having a radius of 5599.58 feet a distance of 141.60 feet to a point, thence South 02 `!T West a distance of 16.5 feet to a point on the proposed Southerly right of way line of said U S. Highway 62, thence South 73 °!9' West along said proposed right of way line a distance of36.9 feet to a point; thence South 71 °32' West along said proposed right of way line a distance of 1 05.3 feet to a point; No rth orth 03 °53' East a distance of 16.8 feet to the point of beginning and containing 0.05 acres, more or less. PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southwest corner of said Northeast Quarter of the Northeast Quarter, thence along the South line of said Quarter -Quarter S86055'08"E 145.05'; thence N03031'38"E 31.87' to the Point of Beginning. thence N03031'38"E 26.27' to the Southern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846); thence along said Southern right-of-way N75042'15"E 139.07', thence S03033'48"W 26.21'; thence S75040'45°W 139.07' to the Point of Beginning, containing 3,474 square feet or 0.08 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. Water/Sewer Easement Page 2 TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct pipelines and/or make repairs to lines within the above -described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs 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. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of STATE OF ARKANSAS COUNTY OF WASHINGTON , 2024. HALBERT PROPERTIES, LLC, an Arkansas limited liability company By its sole member: Ida Carolyn Halbert Revocable Trust Under Declaration dated October 20, 2015 BY: Ida Carolyn Halbert, Trustee and Manager 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, Ida Carolyn Halbert, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that she is the Trustee of the Ida Carolyn Halbert Revocable Trust under Declaration dated October 20, 2015, sole member and manager of Halbert Properties, LLC, and is duly authorized in her respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that 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: Notary Public 2024. a - ■ U Ia 3' w T1 Y 20 10 0 20 �_ � I SCALE IN FEET S NIGNWAYR BLVW ARKANUER KING J (MARTIN L I WA TER AND SANI TAR Y I w _ — w , SEWER EASEMENT a � r w � r J r W 1 � 765-14670-000 a , ' HALBERT PROPERTIES LLC I ; 2675 W MARTIN LUTHER KING BL VD I r c , r J , r � , I T T HAWKINS 6WE IR EXHIBIT "A" ENGI N E E R S. i N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE TRACT 32 — HALBERT PROPERTIES LLC Van 9urm! Fort Smith Fayetteville Little Rock 14 (479) 474-1227 1 (479) 242-4685 I (479) 455-2206 I (501) 374-4946 FOR: CITY OF FA YFTTEVILLE, ARKANSAS :; www.hawkins-weir.com DA TE.- 07/12 2024 SCALE: 1"-20' JOB N0. 2022129 Tract No. 35 University Square, LLC CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Mr. Narry Krushiker University Square, LLC PO Box 7479 Springdale; AR 72766 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14685-000 2612 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Krushiker: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to; moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $21,000.00 for the rights associated with the permanent easement (2,502 square feet). This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. 4;,%4 Tim Nyander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a +-/-44,641 SgFt in three detached buildings on 3.90 acres of commercial land. The buildings include 2 neighborhod shopping centers totaling +/-43,341 SgFt and +/-1,300 SgFt retail building. The city is relocating water and sewer easements along this corridor. Universitv Snuare_ LLC Before the Acquisition 169.884 SaFt - Land Proposed Water and Sewer Easement 2,502 SgFt - Land (Acquisition Area) C-2: Thoroughfare Commercial 5,647,000 Land Value Before the Acquisition 5 A2b nnn i anri Varlln Gfrnr r116 Arnijieirinn 21,000 Market Value of the Acquisition See mapping for specific locations. They have rninimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the building does not appear to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non -permanent. It expressly restricts building wireless communication facilities. 'AIPPRAN FRc Z-ach j Holland, AR CG 29 1 1 Dallas Bartholomew, AR RA 4412 Project 2022129 Parcel No 765-14743-000 Tract No 35 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT University Square, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2002-00104293) A PART OF THE NE 1/4 OF SECTION 19, T-16-N, R-30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF THE RIGHT-OF-WAY OF HIGHWAY 62 WHICH POINT IS 742.50 FEET WEST OF THE EAST LINE OF NW 1/4 OF THE NE 1/4 OF SAID SECTION 19, THENCE NORTH 676.00 FEET, THENCE WEST 300.01 FEET, THENCE SOUTH 774.44 FEET TO THE CENTER OF THE RIGHT-OF-WAY OF SAID HIGHWAY 62, THENCE N 71.50, E, WITH THE CENTERLINE OF SAID RIGHT-OF-WAY, 315.74 FEET TO THE POINT OF BEGINNING, CONTAINING 4.99 ACRES, MORE OR LESS. LESS & EXCEPT: A 0.17 ACRE TRACT CONVEYED TO THE ARKANSAS STATE HIGHWAY COMMISSION BY A WARRANTY DEED RECORDED DECEMBER 20, 1979, IN DEED RECORD BOOK 1007, AT PAGE 606. ALSO, LESS & EXCEPT: A 0.336 ACRE TRACT CONVEYED TO THE ARKANSAS STATE HIGHWAY COMMISSION BY A QUITCLAIM DEED RECORDED AS LAND DOCUMENT #2000100196. THE ABOVE DESCRIBED 4. 484 ACRE TRACT NOW BEING MORE ACCURATELY DESCRIBED BY A PLAT OF SURVEY BY ALAN REID & ASSOCIATES; DATED OCTOBER 9, 2000, DESIGNATED AS JOB #00442, AS FOLLOWS: A PART OF THE NE 1/4 OF THE NE 1/4 OF SECTION 19, T-16-N, R-30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING AN EXISTING IRON REBAR: THENCE N 87°04'58" W, ALONG THE NORTH LINE OF SAID 40 ACRE TRACT 806.23 FEET: THENCE S 02°55'02" W, 365.65 FEET TO AN EXISTING IRON REBAR ON THE WESTERLY RIGHT-OF-WAY OF U.S. HIGHWAY #540 FOR THE TRUE POINT OF BEGINNING: THENCE S 12"01'05" E, ALONG SAID RIGHT-OF-WAY 139.06 FEET TO AN EXISTING RIGHT-OF-WAY MONUMENT; THENCE S 22°03'25" E, ALONG SAID RIGHT-OF-WAY 72.63 FEET TO AN EXISTING IRON AT THE NW CORNER OF LAND PARCEL #765- 14664-000, RECORDED IN DEED BOOK 1324 AT PAGES 186 THRU 190: THENCE LEAVING SAID RIGHT- OF- WAY S 02049'01 "W, ALONG THE WEST LINE OF THE ABOVE REFERENCED PARCEL 410.03 FEET TO AN EXISTING IRON ON THE NORTH RIGHT-OF-WAY OF U.S. HIGHWAY #62 AT THE SW CORNER OF THE ABOVE REFERENCED PARCEL; THENCE S 71006'14" W, ALONG SAID NORTH RIGHT-OF-WAY 162.08 TO AN EXISTING PIPE; THENCE S 72035'24" W, ALONG SAID NORTH RIGHT-OF-WAY 154.29 FEET TO AN EXISTING RIGHT-OF-WAY MONUMENT; THENCE S 76°45'42" W, ALONG SAID NORTH RIGHT-OF-WAY, 3.16 FEET TO AN EXISTING IRON, THENCE LEAVING SAID NORTH RIGHT-OF-WAY N 02041'55" E, 724.20 FEET TO A POINT FROM WHICH AN EXISTING IRON BEARS S 02°41'55" W, .60 FEET; THENCE S 87015'47" E, 233.74 FEET TO THE POINT OF BEGINNING, CONTAINING 4.418 ACRES, MORE OR LESS. PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Northeast Quarter; thence N86°22'20"W 733.50', thence S03°37'40"W 557.13' to the West right-of-way of South Shiloh Drive; thence S02°48'59"W 368,78' to the Point of Beginning, thence continuing S02°48'59"W 17.24' to the North line of an existing City of Fayetteville water and sewer easement (filed for record in Book 829 Page 865), thence along said North easement line S70°52'19"W 40.67', thence continuing along said North easement line S70°02'15"W 41.47' to the intersection of the North line of an existing 20.00' utility easement (filed for record as Document #2002- Water/Sewer Easement Page 2 118059); thence along the North line of said 20.00' utility easement S74°22'23"W 261.42' to the East line of an existing 15.00' utility easement (filed for record as Document #2002-118059), thence along the East line of said 15.00' utility easement N18°05'14"W 2.11'; thence N72°40'08"E 314.15'; thence N32°01'45"E 9.57' thence N59°56'49"E 22.22'; thence N87°26'06"E 6.42' to the Point of Beginning, containing 2,502 square feet or 0.06 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct pipelines and/or make repairs to lines within the above -described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs 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 It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of , 2024. UNIVERSITY SQUARE, LLC, an Arkansas limited liability company Wil Narry Krushiker, Member ACKNOWLEDGMENT STATE OFARKANSAS ss. COUNTY OF WASHINGTON 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, Narry Krushiker, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is a Member of University Square, LLC, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: Notary Public 2024 5 t t t t t t t 60 30 0 60 765-14685-000 SCALE IN FEET UNIVERSITY SQUARE, LLC ; W MARTIN LUTHER KING BL VD ; t t t t , , I t � t t Jv ACCESS EASEMENT DOC. #2002-118059 ! --------------------- A - CITY OF FAYETTEVILLE& SEWER I ; WA TER AND SANI TAR WA TERBK. 829 PGE865MENT SEWER EASEMENT J� 15' UTILITY EASEMENT 'rJ/ DOC. #2002-118059 20' UTILITY EASEMENT ' DOC. #2002-118059 t ,- R/W S AKNI THER (MARTIN L HIGHWAY 6 BLVD) KING �R. R/W R/W I I ENGIhwHAWKINS®WEIR EXHIBIT "A" N E E R S, i N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE Van Buren I Fort Smith Fayetteville Little Rack TRACT 35 — UNIVERSITY SQUARE, LLC (479) 474-1227 (479) 2424685 (479) 455-2206 I (501) 374-4846 FOR: CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.com DA TE.• 07 12 2024 SCALE.- 1 "= 60' JOB N0. 2022129 Tract No. 36 Western Park, LLC P� * , o FAYETTEVILLE & O W A U C A C December 13, 2024 Mr. Lou Bitove Western Park, LLC 31200 Northwestern Hwy Farmington Hills, MI 48334 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14743-000 2575 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Bitove: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $4,000.00 for the rights associated with the permanent easement (4,484 square feet). This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions, Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sincer y Ti!gander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property is the entrance driveway of a 16.94 acre mobile home park. The city is relocating water and sewer- easements along this corridor. See mapping for specific locations. Proposed Water and Sewer Easement 4,484 SgFt - Land (Acquisition Area) Ater the Acquisition 733,292 SgFt - Land (Remainder) Remaining Rights In the Acquisition Area ri-W7 4.484 SgFt - Land (Residual) Not $ 6,243,000 Land Value Before the Acquisition "rl6.239,000 Land Value After the Acquisition $ 4,000 Market Value of the Acquisition Due to the narrows driveway and floodway and floodplain, the acquisition area is effectively unbuildable and only useful as driveways, green space or srgnage. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the mobile home park and driveway do not appear to be permanently damaged by the new easements. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non- permanent. It expressly restricts building wireless communication facilities. Zach J Holland, AR CG 291 1 Project 2022129 Parcel No. 765-14743-000 Tract No. 36 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Western Park, LLC, 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, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2012-00038333) A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE NORTHEAST QUARTER (NE1/4) AND A PART OF THE NORTHEAST QUARTER (NE1/4) OF THE NORTHEAST QUARTER (NE1/4) ALL IN SECTION NINETEEN (19), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SEI/4) OF THE NORTHEAST QUARTER (NE1/4) OF SAID SECTION NINETEEN (19); THENCE SOUTH 89' 41' 04" WEST ALONG THE NORTH LINE OF SAID 40 ACRE TRACT 476.40 FEET; THENCE SOUTH 00° 00' 19" EAST 237.94 FEET TO AN EXISTING IRON FOR THE TRUE POINT OF BEGINNING; THENCE SOUTH 00' 00' 40" WEST 1091.01 FEET TO AN EXISTING IRON; THENCE NORTH 85' 57' 53" WEST 201.18 FEET TO AN EXISTING IRON; THENCE SOUTH 89' 38' 00" WEST 395,21 FEET TO AN EXISTING IRON; THENCE NORTH 000 01' 44" EAST 162.45 FEET TO AN EXISTING IRON; THENCE SOUTH 89' 41' 54" EAST 12.99 FEET TO AN EXISTING IRON; THENCE 329.64 FEET TO A CHISELED "X"; THENCE NORTH 00° 38' 26" EAST 231.51 FEET TO AN EXISTING IRON OF THE SOUTH RIGHT-OF-WAY LINE OF U.S. IDGHWAY #62; THENCE NORTH 750 12' 30" EAST ALONG SAID RIGHT-OF-WAY LINE 62.20 FEET TO AN EXISTING IRON; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 000 38' 52" WEST 247.05 FEET TO AN EXISTING SURVEYORS NAIL; THENCE SOUTH 31 '28' 54" WEST 145.22 FEET TO AN EXISTING IRON; THENCE SOUTH 000 00' 28" EAST 114.52 FEET TO AN EXISTING CHISELED "X" IN CONCRETE; THENCE NORTH 890 31' 04" EAST 282.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT ALL THAT PART DEEDED TO THE ARKANSAS STATE HIGHWAY COMMISSION AS SHOWN BY INSTRUMENT NO. 2010- 19515, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT BEING USED AS THE NORTHEAST SIXTEENTH CORNER OF SECTION 19; THENCE SOUTH 860 54' 56" EAST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19 A DISTANCE OF 32.53 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF EAST FARMERS DRIVE AS ESTABLISHED BY CITY OF FAYETTEVILLE MASTER STREET PLAN PLAT; THENCE NORTH 01'26' 35" WEST LONG SAID RIGHT OF WAY A DISTANCE OF 38.31 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 62 AS ESTABLISHED BY AHTD JOB 4705 SEC. 2; THENCE NORTH 520 36' 34" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 9.33 FEET TO A POINT; THENCE NORTH 71'02' 40" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 68.00 FEET TO A POINT; THENCE NORTH 71' 49' 46" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 155.75 FEET TO A POINT; THENCE NORTH 730 41' 46" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 30.95 FEET TO A POINT; THENCE NORTH 720 15' 53" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 192.94 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 62 AS ESTABLISHED BY AHTD JOB 9447; THENCE NORTH 790 21' 32" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 131.01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 79' 21' 32" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 58.21 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 62 AS ESTABLISHED BY AHTD JOB 040485; THENCE SOUTH 750 54' 09" WEST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 59.21 FEET TO A POINT; THENCE NORTH 030 27' 43" EAST A DISTANCE OF 3.68 FEET TO THE POINT OF BEGINNING AND CONTAINING 104 SQ. FT., MORE OR LESS AS SHOWN ON PLANS PREPARED BY THE AHTD REFERENCED AS JOB 04085. 12/21109 REV. JB 01104/10. Water/Sewer Easement Page 2 PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southeast corner of said Northeast Quarter of the Northeast Quarter; thence along the South line of said Quarter -Quarter N86155'08"W 678.38'; thence N03127'56"E 74.06' to the Point of Beginning; thence N89024'50"W 58.43' thence N04007'29"E 122,92' to the Southern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846), thence along said Southern right-of-way N79°24'24"E 15.50'; thence S02024'38"W 100.74', thence S89124'50"E 40.10', thence S03127'43"W 4.45'; thence S03127'56"W 20.58' to the Point of Beginning, containing 3,099 square feet or 0.07 acres more or less. ALSO Part of the Northeast Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southeast corner of said Northeast Quarter of the Northeast Quarter; thence along the South line of said Quarter -Quarter N86055'08"W 678.38', thence N03027'56"E 94.65'; thence N03127AYE 20 64' to the Point of Beginning, thence N 16143'54"W 90.74' to the Southern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846); thence along said Southern right-of-way N79°24'24"E 25.14'; thence S16043'54"E 20.08'; thence S03027'43"W 72.42' to the Point of Beginning, containing 1,385 square feet or 0.03 acres more or less Containing a net total of 4,484 square feet or 0.10 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct pipelines and/or make repairs to lines within the above -described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs 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 parry securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee Water/Sewer Easement Page 3 WITNESS the execution hereof on this day of 2024 STATE OF WESTERN PARK, LLC, a Delaware limited liability company BY Joel Brown, Director 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, Joel Brown, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is a Director of Western Park, LLC, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2024. MY COMMISSION EXPIRES. Notary Public W 0 Z a 30 15 0 30 l SCALE IN FEET R/W HIGHWAY 62 ARKANSAS KING A BLVD) i MARTIN LUTHER RPW _ t 1 , t t , � 1 I 1 A t 1 1 , t ' 1 � t t ' 1 � t 1 tV1 1 ' 1 � 1 t , 1 ' WA TER AND SANI TAR Y - SEWER EASEMENT 1 - I , i 765-14743-000 WESTERN PARK LLC 2575 W MARTIN LUTHER KING BL VD ENGIInHAWKINSoWEIR EXHIBIT "A" N E E R S, i N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE Van Buren Fort Smith Fayetteville Little Rack TRACT 36 — WESTERN PARK LLC (479) 474-1227 I (479) 242-4685 I (479) 455-2206 I (501) 374-4846 FOR: CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.com DA TE: 07 1212024 1 SCALE.- 1"=30' I JOB NO. 2022129 Tract No. 39 LLEJ Shiloh, LLC r� CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Mr. Leonard Boen LLEJ Shiloh, LLC 1 Remington Drive, Suite 100 Little Rock, AR 72221 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14674-000 1255 S SHILOH, Fayetteville, AR (Offer Letter) 19TER1iJiM-00=1 The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to; moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $2,000.00 for the rights associated with the permanent easement (1,373 square feet). This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteviIIe-ar.gov A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sinc re , 0 Tim Nyander Utilities Director TN/bs Enclosures Before the Acquisition 13 SO4 SnFt _ I anrd Proposed Water and Sewer- Easement I �%� SnFt _ I anrd /Q`-ni�icitinn L1rra1 After the Acquisition 12.131 SgFt - Land (Remainder) 144,000 Land Value Before the Acquisition 142-000 Land Value After the Arnursitinn 2,000 Market Value of the Acquisition EXECUTIVE SUMMARY Before the acquisition, the subject property consists of 0.31 acres of vacant commercial land. Due to floodway and floodplain, it is effectively an unbuildable parcel only useful as green space or signage. The city is relocating water and sewer easements along this corridor. See mapping for specific locations. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. There is a paved driveway and a sign that are not in the easement area and appear unaffected. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non -permanent. It expressly restricts building wireless communication facilities. APPRAISERS. Zach J Holland, AR CG 2911 Project 2022129 Parcel No 765-14674-000 Tract No 39 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT LLEJ Shiloh, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2020-00012196) A tract of land located In the NE of the NE of Section 19, Township 16 North, Range 30 West of the 5th PM, Washington County, Arkansas, more particularly described as follows: Commencing at the Southeast corner of the NE of the NE of said Section 19, and run along the South line of said NE of the NE S88"51'W 403 37 feet to a point on the Westerly right of way line of the lands deeded to the Arkansas State Highway Commission In Warranty Deed Volume 1002, Page 528, for the point of beginning, thence continuing along said South line S88"51'W 128.74 feet, thence leaving said South line N 268.28 feet to said Westerly right of way line; thence along said right of way line the following courses: S56°23`55'E 96.72 feet, thence S13°06'W 32.0 feet, thence S25°34'E 75.0 feet, thence S56"32'E 29.2 feet: thence S32042'E 74.1 feet to the point of beginning, containing 0.33 acres, more or less. LESS and EXCEPT That portion of the above described property conveyed to the Arkansas State Highway Commission in Warranty Deed filed for record as File No. 2010-00012108, Records of Washington County, Arkansas, being more particularly described as follows: Part of the NE of the NE of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at a point being used as the Northeast Sixteenth Corner of Section 19, thence S86°54'56"E along the South line of the NE of the NE of Section 19 a distance of 32.53 feet to a point on the Easterly right of way line of East Farmers Drive as established by the City of Fayetteville Master Street Plan thence N01 °26'35"W along said right of way line 38.31 feet to a point on the Southerly right of way line of US Highway 62 as established by AHTD Job 4705 Sec. 2; thence N52°36'34"E along said right of way line 9.33 feet; thence N71°02'40"E along said right of way line 68.00 feet; thence N71 °49'46"E along said right of way line 155.75 feet: thence N73°41'46"E along said right of way line 30.95 feet; thence N72°15'53"E along said right of way line 192.94 feet to a point on the Southerly right of way line of US Highway 62 as established by AHTD Job 9447: thence N79021'32"E along said right of way line 338.68 feet to a point on the Westerly right of way line of 1-540 as established by AHTD Job 4706 Sec. 3; thence S20019'18"E along said right of way line 0.92 feet to the Point of Beginning, thence continue S20°19'18"E along said right of way line 113.13 feet; thence S16°40'48"W along said right of way line 10,99 feet to a point on the Westerly right of way line of 1-540 as established by AHTD Job 040485; thence N 23049'54"W along said right of way line 92.06 feet, thence N01 °52'36"E 32.43 feet to the point of beginning, containing 0.02 acres, more or less. PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southeast corner of said Northeast Quarter of the Northeast Quarter; thence along the South line of said Quarter -Quarter N86055'08"W 525.37'; thence N01059'12"E 73.65' to the Point of Beginning; thence N01059'12"E 24.09'; thence N01152'36"E 17.89'; thence S71001'52"E 26.61' to the West line of an existing City of Fayetteville water and sewer easement (filed for record in Book 1016 Page 507); thence along said West easement line S21052'38"E 41.30'; thence N88042'42"W 36.03'; thence N54040'50"W 7.29' to the Point of Beginning, containing 1,373 square feet or 0.03 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. Water/Sewer Easement Page 2 The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct pipelines and/or make repairs to lines within the above -described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs 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 It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 2024. LLEJ SHILOH, LLC, an Arkansas limited liability company M. Leonard Boen, Manager ACKNOWLEDGMENT STATE OFARKANSAS ss. COUNTY OF WASHINGTON 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, Leonard Boen, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Manager of LLEJ Shiloh, LLC, an Arkansas limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES Notary Public 2024. 5 r 40 20 0 40 SCALE IN FEET RKANSAS AR t4 (MTIN LU THER HIGNWA JR BLVD) KING ` !II M I ` un 0 i i i t� G 3 WA TER AND SANITARY ��, o SEWER EASEMENTCD ,) om� � z \ k �\ 765-14674-000 LLEJ SHILOH, LLC 1255 S SHILOH DR HAWKINSoWEIR EXHIBIT "A" ENGI N E E R S, i N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE Van Buren Fort Smith Fayetteville Little Rock TRACT 39 - LLEJ SHILOH, LLC (479) 474-1227 I (479) 2424665 I (479) 455-2206 I (501) 374-4U6 FOR: CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.com I DATE: 07 SCALE.- 1"= 40' 1 JOB NO. 2022129 Tract No. 40 Wal-Mart Stores, Inc. CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Mr. Wynne Lucas Wal-Mart Stores. Inc. now known as Walmart Inc c/o Wal-Mart Property Tax Dept PO Box 8050, MS 0555 Bentonville, AR 72712 RE: Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14859-000 2346 W MARTIN LUTHER KING JR BLVD, Fayetteville, AR (Offer Letter) Dear Mr. Lucas: The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $2,000.00 for the rights associated with the permanent easement (194 square feet) and $800.00 for the rights associated with the temporary construction and grading easement (230 square feet), for a total of $2,800.00. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents, a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Si�ly Tim N ander Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of a 8,701 SgFt office building on 2.12 acres of commercial land. The city is relocating water and sewer easements along this corridor. See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. WalMart Properties Inc. Before the Acquisition 92.391 SnFr - Land Proposed Water and Sewer Easement I 194 SQFC - Land IAccluisition Area) After the Acquisition 91197 SnFr - Land fRamninrlarl IPZD: Industrial Planned 2,122,000 Land Value Before the Acquisition 2,000 Market Value of the Acquisition After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner and the city. The continued use of the building does not appeal- to be affected by the permanent easement, and the client assures us that owners and customers will continue to have access and use of the parking and building during construction. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non- permanent. It expressly restricts building wireless communication facilities. .APPRAISERS: Zach J Holland, AR CG 2911 Project 2022129 Parcel No.765-14859-000 Tract No 40 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Wal-Mart Stores, Inc. now known as Walmart Inc., a Delaware corporation, 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 Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2003-00025563) TRACT 11 A PART OF THE NW 114 OF THE NW 1/4 OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE NW 1/4 OF SECTION 20, THENCE S 02' 51' 14'' W 5.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A SET IRON PIN; THENCE ALONG THE SOUTH RIGHT-OF-WAY OF OLD FARMINGTON ROAD, SAID LINE BEING A PERPENDICULAR DISTANCE OF 5.00 FEET SOUTH AND PARALLEL WITH THE NORTH BOUNDARY OF SAID SECTION 20, S 86°46' 00" E 172.42 FEET TO A SET IRON PIN, THENCE S 02' 36,441, W 446.95 FEET TO A FOUND IRON PIN, THENCE S 02' 33' 52" W 210.06 FEET TO A FOUND IRON PIN ON THE NORTH RIGHT-OF-WAY OF U.S. HIGHWAY 62, THENCE ALONG SAID RIGHT-OF-WAY S 87' 27,321, W 7.44 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY OF FUTURALL DRIVE. SAID POINT BEING A RIGHT-OF-WAY MARKER AND FOUND IRON PIN; THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY N 29' 46,371, W 311.47 FEET TO A POINT ON THE WEST LINE OF SAID SECTION, SAID POINT BEING A SET IRON PIN, THENCE ALONG SAID SECTION LINE N 02' 51' 14" E 396.54 FEET TO THE POINT OF BEGINNING, CONTAINING 2.121 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE. ARKANSAS. PERMANENT EASEMENT DESCRIPTION: A 10.00' wide easement over part of the Northwest Quarter of the Northwest Quarter of Section 20, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, the centerline of which being more particularly described as follows Commencing at the Northwest corner of said Northwest Quarter of the Northwest Quarter, thence along the West line of said Quarter -Quarter S02°51'24"W 401.84' to the Eastern right-of-way of Interstate 49/Futrall Drive, thence along said Eastern right-of-way S29045'28"E 284.66' to the Northern right-of-way of Martin Luther King Jr Boulevard (Per ARDOT Job 040846); thence along said Northern right-of-way S77°18'19"E 22.16'; thence N02035'09"E 25.52' to a point 5.00' Northeast of an existing 25' City of Fayetteville public utility easement (filed for record in Book 1029 Page 720) and the Point of Beginning; thence continuing 5.00' Northeast of and parallel to said existing easement N29040'56"W 19.45' to the Point of Termination, containing 194 square feet or 0.004 acres more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A 10.00' wide easement lying parallel and adjacent to the North and East lines of the above -described permanent easement, containing 230 square feet or 0.005 acres more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. Water/Sewer Easement Page 2 TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of STATE OF ARKANSAS COUNTY OF BENTON 2024. WAL-MART STORES, INC., now known as Walmart Inc., a Delaware corporation BY: Brandon Massey Director, Industrial Real Estate 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, Brandon Massey, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Director of Industrial Real Estate for Wal-Mart Stores, Inc., now known as Walmart Inc., a Delaware corporation, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: Notary Public 2024. 3 ) 11% P9 30 15 0 30 SCALE IN FEET t t 765-14859— 000 WAL—MART STORES, INC. 2J46 W MARTIN LUTHER KING BL VD . � t , t GtT. r i t 'w-n11 ! - C> t A-3� Ncc) \ 6' , ----------------------- ------------------------------ 15' UTILITY EASEMENT DOC. #0024-0000OJ77 I 10' TEMPORARY CONSTRUCTION EASEMENT 10' WA TER AND SANITARY SEWER EASEMENT R11W gNSAS HIGHWA JR6 BL.VD) (MAR nN LHTMER KING ENGI/WHAWKINS®WEIR ExHIBIT "A" N E E R S, INC. UTILITY RELOCA TIONS FOR I-49 MLK INTERCHANGE Van Buren Fort Smith Fayetteville Little Rock TRACT 40 — WAL—MART STORES, INC. (479) 474-1227 (479) 242-4665 I (479) 455-2206 I (501) 37"846 FOR: CITY OF FA YETTEVILLE, ARKANSAS w w w . h a w k i n s -weir . cam I DA TE: 08 16 2024 1 SCALE.- 1 "--J0' I JOB NO. 2022129 Tract No. 45 Tract 2 Holdings, LLC CITY OF FAYETTEVILLE ARKANSAS November 22, 2024 Mr. Leonard Boen Tract 2 Holdings; LLC 1 Remington Drive, Suite 100 Little Rock, AR 72204 RE Martin Luther King, Jr. and Interstate 49 Interchange Project Parcel No. 765-14734-000 1255 S SHILOH DR, Fayetteville, AR (Offer Letter) Dear Mr. Boen. The City of Fayetteville is working in conjunction with the Arkansas Department of Transportation on improvements to Martin Luther King, Jr. Boulevard and the 1-49 interchange. Prior to roadway construction, certain utilities will need to be moved and/or added, including, but not limited to, moving the existing waterlines and/or sewer lines which currently run along the highway. In order for this project to be completed, a permanent water/sewer easement will be necessary for the placement of the new utilities. The utility easement is necessary to give the City the right to install the water line and/or sewer line and to perform maintenance as necessary on them in the future. This area will still be your property to use and enjoy. However, no permanent structures may be built within the easement area. Your property will be returned to a condition as good as or better than it was found at the end of construction, less any necessary tree or landscape removal. Access to your property will be provided at all times during construction. A temporary construction and grading easement may also be needed for extra room to work. All temporary construction easements will terminate when the project has been completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $40,000.00 for the rights associated with the permanent easement (9,011 square feet) and $7,000.00 for the rights associated with the temporary construction and grading easement (4,939 square feet), for a total of $47,000.00. This offer is based on an appraisal of your property and a summary sheet is provided for your review. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The easement should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the easement if you will advise our office accordingly. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so we can process your payment. A blank W-9 is provided for this purpose. Upon receipt of the documents; a check will be requested, and you will be paid the amount indicated in this offer letter. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Land Agents Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov), or Holly Jones (479) 444-3414, (hjones@fayetteville-ar.gov), to schedule a meeting time. If technical questions arise, the City Land Agents will involve project engineers or city utility staff, as needed. Sinc ely ATimyyander W Utilities Director TN/bs Enclosures EXECUTIVE SUMMARY Before the acquisition, the subject property consists of 4.172 acres of commercial land. The city is relocating water and sewer- easements along this corridor. betore the Acquisition 181,732 SgFt - Land Proposed Water and Sewer Easement 9.01 1 SgFt - Land (Acquisition Area) After the Acquisition 172,721 SgFt - Land (Remainder) - Remaining Rights In the AcquisidowArda 9,011 SgFt - Land (Residual) Temporary Construction Easements 4,939 SgFt - Land C-2, Thoroughfare Corrmerdal CONCLUSIONS $ 3,290,000 Land Value Before the Acquisition $ 3.250.000 Land VaW er t e' cqu s on $ 40,000 Market Value of the Acquisition $ 7,000 TCE See mapping for specific locations. They have minimal impact on the subject improvements. Any existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the grantee. After the acquisition, the property rights in the permanent easement acquisition area will be split between the owner- and the city. While the WSE restricts permanent construction above the easement area, it defines parking and driveways as non- permanent. It expressly restricts building wireless comrYnunication facilities. APPRAISERS: Zach J Holland, AR CG 2911 Project 2022129 Parcel No 765-14734-000 Tract No. 45 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Tract 2 Holdings, LLC, an Arkansas limited liability company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2019-00029736) Part of the SE1/4, of the NE1/4, of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at the NE corner of the SE1/4, of the NEV 4, of said Section 19, thence N87°55'30"W 401 80 feet to a point on the West Right -of -Way Line of US Highway No. 71 frontage Road (S. Shiloh Drive), thence along said Right -of -Way Line, S29'07'22"E 127.40 feet; thence S41°14'12"E 106.00 feet, thence S47°46'12"E 222.20 feet; thence S38°54'12"E 42.80 feet; thence S31 °04'12"E 10.82 feet to the point of beginning; thence continuing S31 °04'12E 69.88 feet; thence S08°44'18"E 36.86 feet; thence S02°32'24"W260 00 feet; thence S00°48'30"E 102.23 feet, thence leaving said Right -of- Way Line, N86°57'30"W476.46 feet; thence NO2°46'39"E 306.47 feet; thence N73°34'44"E 422.79 feet; thence N42°54'55"E 34.59 feet to the point of beginning, containing 4.172 acres more or less. PERMANENT EASEMENT DESCRIPTION: Part of the Southeast Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter of the Northeast Quarter; thence along the East line of said Quarter -Quarter S02°51'24"W 822.77' to the intersection of said East Quarter -Quarter line with the West right-of-way of South Shiloh Drive; thence along said West right-of-way N40130'35"W 30.88' to the West line of an existing City of Fayetteville water and sewer easement (filed for record as Document #2021- 00049240) and the Point of Beginning, thence along said West easement line S04005'56"W 20.29' to the North line of an existing 15' utility easement (filed for record in Book 1165 Page 617); thence along said North easement line N86053'29"W 7.94', thence N40130'35"W 45.96', thence NO2°26'50"E 342.72'. thence N88022'27"W 5.03% thence S68112'51"W 3.91'; thence N19048'48"W 24.16'; thence N70030ATE 13.80'; thence N02027'18"E 14.80, thence N11°53 25"W 16.25'; thence N42054'55"E 6.55' to the Southwest line of an existing utility easement (filed for record as Document #2019-00008609), thence along said Southwest easement line S47035'07"E 6.84' to the intersection of the Southwest line of an existing utility easement (filed for record in Book 1015 Page 679); thence along said Southwest easement line S31004'37"E 35.28' to the West right-of-way of South Shiloh Drive, thence along said West right-of-way S02026'53"W 362.41'; thence continuing along said West right-of-way S40130'35"E 29.13' to the Point of Beginning, containing 9,011 square feet or 0.21 acres more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: Part of the Southeast Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter of the Northeast Quarter; thence along the East line of said Quarter -Quarter S02151'24"W 822.77' to the intersection of said East Quarter -Quarter line with the West right-of-way of South Shiloh Drive, thence along said West right-of-way N40°30'35"W 2.85' to the North line of an existing 15' utility easement (filed for record in Book 1165 Page 617), thence along said North easement line N86053'29"W 27.63' to the West line of the above described permanent easement and the Point of Beginning; thence continuing along said North easement line N86°53'29"W 13.81'; thence N40130'35"W 40.37', thence NO2°25'31"E 337.14'' thence N88143'07"W 16.75', thence N19130'56"W 39.44', thence N73017'08"E 38.83' to the West line of the above described permanent easement; thence along said West line the following seven (7) courses: S02127'18"W 13.64'; thence S70°30'43"W 13.80'; thence S19 48'48"E 24.16'; thence N68°12'51"E 3.91', thence S88022'27"E 5.03'', thence S02026'50"W 342.72'; thence S40030'35"E 45.96' to the Point of Beginning, containing 4,939 square feet or 0.11 acres more or less. Water/Sewer Easement Page 2 Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipeline or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. Driveways and parking lots will not be considered permanent structures. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional pipelines upon the above -described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. It is further understood that Grantee's easement shall be exclusive and that Grantor or its successors and assigns shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. WITNESS the execution hereof on this day of 2024. TRACT 2 HOLDINGS, LLC, an Arkansas limited liability company BY: Leonard Boen, Manager Water/Sewer Easement Page 3 ACKNOWLEDGMENT STATE OFARKANSAS ss. COUNTY OF WASHINGTON 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, Leonard Boen, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Manager of Tract 2 Holdings, LLC, an Arkansas limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES. Notary Public 2024. UTILITY EASEMENT DOC. #2019-00008609 f UTILITY EASEMENT BK. 1015 PG. 679 _ o WA TER & SEWER EASEMENT \ g BK. 726 PG. 238 60 30 0 60 o M SCALE IN FEET CROSS ACCESS EASEMENT DOC. #2019-00008609 ' aCq a �•• N 1• .'1 co l.. TEMPORARY CONSTRUCTION ,. r. �k EASEMENTIdi ` 120' 0 p a h 1 765-14734-000 TRACT 2 HOLDINGS, LLC !' y Y 1255 S SHILOH DR !' ' J I.. Uj WA TER AND SANITARY FA SEWER EASEMENT L t.. /Q: ,...,✓ Z �.., U " r•- 'i 15' UTILITY EASEMENT BK. 1165 PG. 617 CITY OF FAYETTEVILLE _ _ _ _ _ - - - JHWA TER & SEWER EASEMENT to --- ----------- DOC. #2021-00049240 ♦ .. —R/W— - —_— ---------------�= -�--- Uj W WEST 15TH STREET — -- R/W L ---- r inHAWKINS©WEIR EXHIBIT "A" E N G I N E E R S, 1 N C. UTILITY RELOCATIONS FOR I-49 MLK INTERCHANGE Van Buren I Fort Smith Fayetteville Little Rock TRACT 45 — TRACT 2 HOLDINGS, LLC (479) 474-1227 (479) 2424685 I (479) 455-2206 I (501) 3744846 FOR: CITY OF FA YETTEVILLE, ARKANSAS www.hawkins-weir.com I DA TE.- 08/1612024 1 SCALE.- 1 "= 60' 1 JOB NO. 2022129