HomeMy WebLinkAbout80-25 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 80-25
File Number: 2025-303
HIGHWAY 112 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 HIGHWAY 112 UTILITY
RELOCATIONS PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, the City of Fayetteville has been unable to negotiate the acquisition of easements on 14 properties needed
to complete the Highway 112 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 Highway 112 Utility Relocations Project and owned
by Thomas E. Simmons and Candace Simmons 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 $8,200.00.
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 Highway 112 Utility Relocations Project and owned
by BFT Rental, LLC, an Arkansas limited liability company, 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 $123,000.00.
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 Highway 112 Utility Relocations Project and owned
by Fellowship Bible Church of Northwest Arkansas 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 $30,800.00.
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 Highway 112 Utility Relocations Project and owned
by One Twelve Village, LLC, an Arkansas limited liability company, 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 $50,000.00.
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 Highway 112 Utility Relocations Project and owned
by Transport Realty, Inc., an Arkansas corporation, that is needed for a water/sewer easement for the Project, and to
Page 1
Resolution: 80-25
File Number: 2025-303
pay into the registry of the Circuit Court just compensation in the amount of $19,000.00.
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 112 Utility Relocations Project and owned
by Sam's Real Estate Business Trust, a Delaware statutory trust, 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 $4,800.00.
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 112 Utility Relocations Project and owned
by CL Partners, LLC and D Briggs 112 Exchange, 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 $169,000.00.
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 112 Utility Relocations Project and owned
by McBryde Family Limited Partnership, an Arkansas limited partnership, that is needed for a water/sewer easement
and a general utility easement for the Project, and to pay into the registry of the Circuit Court just compensation in the
amount of $20,400.00.
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 112 Utility Relocations Project and owned
by Kubald Ventures, 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 $6,000.00.
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 112 Utility Relocations Project and owned
by Jason Purdy and Marleah Purdy that is needed for a temporary construction and grading easement for the Project,
and to pay into the registry of the Circuit Court just compensation in the amount of $420.00.
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 112 Utility Relocations Project and owned
by Jamal Abdin and Maria Abdin 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 $6,500.00.
Section 12: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of
which is attached to this Resolution.
PASSED and APPROVED on March 18, 2025
Approved:
* Alt�
Attest:
is
•yC �Y N; �•1
Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer
Page 2
CITY OF
FAYETTEVILLE
r4W 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: HIGHWAY 112 EASEMENT CONDEMNATIONS (UTILITY RELOCATIONS):
RECOMMENDATION:
2025-303
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 Highway 112 Utility Relocations
Project and approval of a budget adjustment.
BACKGROUND:
The Arkansas Department of Transportation has requested utility relocations to prepare for the widening of
Highway 112 from Truckers Drive to Howard Nickell Road. To expedite the overall roadway schedule, ARDOT
is incorporating the City's utility relocations into the overall ARDOT project via amendments to the Second
Supplemental Agreement of Understanding between ARDOT, NWARP, and the City of Fayetteville (Res. 218-
19). These amendments were made via non -agenda mayoral approvals authorized by the original agreement.
The utility relocation scope, including all engineering and easements, is 90.74% ARDOT and 9.26% City
financial responsibility. Final costs will be finalized once all project expenses are complete and reconciled. The
utility relocation work will bid soon, based on ARDOT's schedule for the roadway bid.
DISCUSSION:
In order to meet the City's obligations for contractor site access, all easements for this project must be
acquired or court ordered possessory rights obtained by May 2025 so that the State's contractor can begin
work. This corridor consists of 22 necessary easements. To -date 8 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 $432,120.00 as the cost of this request. It should be noted that this is an estimate,
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
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
possession of the easements.
ATTACHMENTS: Updated SRF (#3), BA (#4), Updated Highway 112 Easement Tracts for Condemnation (#5),
Initial SRF (#6) , Initial Highway 112 Easement Tracts for Condemnation (#6)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Legislation Text
File #: 2025-303
HIGHWAY 112 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 HIGHWAY
112 UTILITY RELOCATIONS PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, the City of Fayetteville has been unable to negotiate the acquisition of easements on 14
properties needed to complete the Highway 112 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 Highway 112
Utility Relocations Project and owned by Thomas E. Simmons and Candace Simmons 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 $8,200.00.
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 Highway 112
Utility Relocations Project and owned by BFT Rental, LLC, an Arkansas limited liability company, 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 $123,000.00.
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 Highway 112
Utility Relocations Project and owned by Fellowship Bible Church of Northwest Arkansas 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 $30,800.00.
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 Highway 112
Utility Relocations Project and owned by One Twelve Village, LLC, an Arkansas limited liability
company, 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 $50,000.00.
Page 1
Resolution: 80-25
File Number. 2025-303
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 Highway 112
Utility Relocations Project and owned by Transport Realty, Inc., an Arkansas corporation, 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 $19,000.00.
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 112
Utility Relocations Project and owned by Sam's Real Estate Business Trust, a Delaware statutory trust,
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 $4,800.00.
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 112
Utility Relocations Project and owned by CL Partners, LLC and D Briggs 112 Exchange, 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 $169,000.00.
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 112
Utility Relocations Project and owned by McBryde Family Limited Partnership, an Arkansas limited
partnership, that is needed for a water/sewer easement and a general utility easement for the Project, and
to pay into the registry of the Circuit Court just compensation in the amount of $20,400.00.
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 112
Utility Relocations Project and owned by Kubald Ventures, 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 $6,000.00.
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 112
Utility Relocations Project and owned by Jason Purdy and Marleah Purdy that is needed for a temporary
construction and grading easement for the Project, and to pay into the registry of the Circuit Court just
compensation in the amount of $420.00.
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 112
Utility Relocations Project and owned by Jamal Abdin and Maria Abdin 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 $6,500.00.
Section 12: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
Page 2
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2025-303
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 Highway 112 Utility Relocations Project and
approval of a budget adjustment.
Budget Impact:
5400.720.5600-5810.00
Water & Sewer
Account Number Fund
Water & Sewer Relocations - 1-49 & MLK
11011.2101
Interchange
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? Yes
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
$ 9,588,467.37
193,130,63
$ 432,120.00
$ 250,000.00
$ 11,010.63
Previous Ordinance or Resolution #
Approval Date:
V20221130
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
WATER SEWER (720)
/Org2
2025
Requestor: Cheryl Partain
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
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 Highway 112 Utility Relocations Project and approval of a budget
adjustment. A budget adjustment is needed in the Water and Sewer Relocations project to cover the cost of the remaining
easements. Budget funds will be transferred from Water System Rehabilitation/Replacement project to cover the cost.
COUNCIL DATE: 3/18/2025
ITEM ID#: 2025-303
Nolly Black
212812025 77:59 RIn
RESOLUTION/ORDINANCE
Budget Division Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
- -
Increase / (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl AT
v.2025211
Account Name
5400.720.5600-5810.00
250,000 -
11011 2101 EX
Easements
5400.720.5600-5808.00
(250,000) -
12009 1 EX
Improvements - Water Line
I of 1
Received From: Shea Fankhouser 03/07 8:37 AM
Tract No.
First Owner Name
Appraised Value
of PUE*
Appraised
Value of
TCE**
Damages
Total Value of
Easements
1
Thomas E. Simmons and Candace Simmons
$5,000.00
$3,200.00
$8,200.00
3
Arkansas State Highway Commission
$0.00
6
BFT Rental, LLC, an Arkansas limited liability company
$123,000.00
$123,000.00
10
Fellowship Bible Church of Northwest Arkansas
$28,000.00
$2,800.00
$30,800.00
11
One Twelve Village, LLC, an Arkansas limited liability company
$50,000.00
$50,000.00
12
Transport Realty, Inc., an Arkansas corporation
$19,000.00
$0.00
$19,000.00
13
Sam's Real Estate Business Trust, a Delaware Statutory Trust
$0.00
$4,800.00
$4,800.00
15a
CL Partners, LLC, an undivided 57.5% interest, and D Briggs 112 Exchange,
LLC an undivided 42.5% interest
$169,000.00
$0.00
$169,000.00
17
McBryde Family Limited Partnership, an Arkansas limited partnership (GUE
p)
$18,000.00
$1,500.00
$900.00
$20,400.00
18
Arkansas State Highway Commission
$0.00
32
Jason and Marleah Purdy
$420.00
$420.00
47
Jamal Abdin and Maria Abdin, husband and wife
$4,000.001
$2,500.001
$6,500.00
$416,000.001
$6,720.00
$9,400.001
$432,120.00
*PUE = Permanent Utility Easement
**TCE = Temporary Construction Easement
Tract No.
Thomas E. Simmons &Candace Simmons
IVA
CITY OF
FAYETTEVILLE
ARKANSAS
February 21, 2025
Thomas and Candace Simmons
2607 W. Howard Nickell Road
Fayetteville, AR 72704
RE: Highway 112 Widening Project
Parcel No. 516-02443-000
2607 W. Howard Nickell Road, Fayetteville, AR
(Notification Letter)
Dear Mr. and Mrs. Simmons:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
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.
The City of Fayetteville hereby offers $5,000.00 for the rights associated with the permanent
easement (3,404 square feet) and $3,200.00 for damages, for a total of $8,200.00. Damages
include the loss of a mature oak tree. This offer is based on an independent appraisal of your
property and a summary sheet is enclosed for your review.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
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.
Sincerely,
Tim Nyander
Utilities Director
TN/bs
Enclosures
EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of a home on 1.66 acres. The city is
relocating water and sewer easements along this corridor.
I homas t. & Candace
Simmons
ly%SIMMINK1111i]
Before the Acquisition
7? 3 10 SnFt - Land
Proposed Water and Sewer Easement
3 404 SnFt - Land (Acnuisition Areal
After the Acquisition
AA 90A rnFr - I nnri lRon-wainricrl
Remaining Rights In the Acquisition Area
3.404 SgFt - Land (Residual)
$ 189,000 Land1 Value Before the Acquisition
it ran MO 17nrl VAig. b4tpr rk,- Arm ikirinn
$ 5.000 Market Value of the Acnuisition I
3,200 Damages
See mapping for specific
locations. They have minimal
impact on the subject
improvements. Any existing
site improvements (parking,
paving, driveways, sidewalks,
lawn, fencing, sprinklers) 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
home does not appear to be
affected by the permanent
easement, and the client
assures us that owners will
continue to have access and
use of the parking and home
during construction.
The WSE restricts permanent
structures above the
easement area.
Damages: Damages include
the loss of a mature oak tree.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 516-02443-000
Tract No. 1
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE, Thomas E. Simmons and Candace Simmons, 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, grantee owned fiber optic equipment
and appurtenances thereto, on, over, across, and under the following described
land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Reference 2019-13961)
Lot Number One (1) of the Twin Oaks Subdivision as recorded in Book 5 at Page 33 of the Circuit Clerk and Ex-
Officio Recorder of Washington County, Arkansas.
PERMANENT EASEMENT DESCRIPTION:
Part of Lot 1, Twin Oaks Addition (filed for record October 14, 1971), City of Fayetteville, Washington County,
Arkansas being more particularly described as follows:
Beginning at the Northwest corner of said Lot 1, said corner being on the South right-of-way line of West Howard
Nickell Road; thence along said South right-of-way line S86°46'40"E 12.19 feet to the West line of the West
Howard Nickell Road ARDOT right-of-way (per ARDOT Job #040746); thence along said West right-of-way
S03o24'30"W 3.45 feet to the South line of said ARDOT right-of-way; thence along said South right-of-way
S78°34'28"E 143.40 feet; thence continuing along said South right-of-way S73°55'34"E 36.99 feet to the West
right-of-way line of North Pin Oak Street; thence along said West right-of-way S02°54'08"W 17.97 feet; thence
parallel to and 17.50 feet South of said ARDOT right-of-way the following two courses: N73°55'34"W 40.38 feet;
thence N78°34'28"W 152.37 feet to the West line of said Lot 1; thence along said West line NO2°54'08"E 19.39
feet to the Point of Beginning, containing 3,404 square feet or 0.08 acre 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 pipe line 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.
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 as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 2025.
Thomas E. Simmons Candace Simmons
WATER/SEWER EASEMENT
Page 2
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 Thomas E. Simmons and Candace Simmons, husband and
wife, to me well known as the persons 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 , 2025.
MY COMMISSION EXPIRES:
Notary Public
i----------------------------
40 20 0 40
SCALE IN FEET
WEST HOWARD NICKELL ROAD
W47ER AND SANITARY
SEWER EASEMENT
PARCEL NO. 516-02443-000
THOMAS E. & CANDACE SIMMONS
2607 W HOWARD NICKELL RD
LOT 1
TWIN OAKS ADDITION
NOTE.• RIGHT OF —WAY & PROPERTY LINE
INFORMATION BASED ON ARDOT JOB #040746.
NO INDEPENDENT BOUNDARY SURVEY WAS
PERFORMED AS PART OF THIS PROJECT.
H iWKINS aWML
in E N£ I N E EiR$ I N CL
Van Buren Fort Smith Fayetteville Little Rock
(479)474-1227 (479)242-4685 1 (479)455-2206 1 (501)374-4846
www.hawkins-weir.com
I•
EXHIBIT "A"
HIGH WA Y 112 UTILI TY RELOCA TIONS
TRACT 1 - THOMAS E. & CANDACE SIMMONS
FOR: CITY OF FA YETTEVILLE, ARKANSAS
DATE: 1211612024 SCALE.- 1"--40' 1 JOB NO. 2021048
Tract No. 6, 7, & 9
BFT Rental. LLC
IVA
CITY OF
FAYETTEVILLE
ARKANSAS
February 21, 2025
Mr. Dale L. Benedict
BFT Rental, LLC
PO Box 1927
Fayetteville, AR 72702
RE: Highway 112 Widening Project
Parcel No. 765-15832-000, 765-15830-001 & 765-15830-003
N. Deane Solomon Road, Fayetteville, AR
(Notification Letter)
Dear Mr. Benedict:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
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 will
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 $123,000.00 for the rights associated with the permanent
easement (36,002 square feet). This offer is based on an independent appraisal of your
property and a summary sheet is enclosed for your review.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
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.
Sincerely,
te
Tim Nyander
Utilities Director
TN/bs
EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of 65.33 acres of land with multiple
zonings and multiple structures. The city is relocating water and sewer easements along this
corridor.
Betore the Acquisition
2,845,644
SgFt - Land
Proposed Water and Sewer Easement
36,002
SgFt - Land (Acquisition Area)
After the Acquisition
2,809,642
SgFt - Land (Remainder) --71
Remaining Rights In the Acquisition Area
2
SgFt - Land (Residual)
MultipleZoning
CONCLUSIONS
$ 63,000
Market Value of the Acquisition A
$ 60,000
Market Value of the Acquisition B & C
$ 123,000
Total WSE Acquisitions
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
buildings does not appear to be
affected by the permanent
easements, and the client assures
us that owners and customers will
continue to have access and use of
the parking and buildings during
construction.
The WSE restricts permanent
structures above the easement
area.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 765-15832-000, 765-15830-003
& 765-15830-001
Tract No. 6, 7 & 9
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT BFT Rental 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, grantee owned fiber optic equipment and
appurtenances thereto, on, over, across, and under the following described land
situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Reference 2016-14655)
A part of the W '/2 of the SW '/4 of Section 28, T-17-N, R-30-W, Washington County, Arkansas being more
particularly described as follows: Beginning at the intersection of the South right-of-way of Arkansas State
Highway No. 112 and the East right-of-way of a gravel dirt road, said point lying S 85°39'30" E, 460.60 feet from
the NW Corner of said 80.00 acres tract and running thence S 89°51'00" E, 858.70 feet with the South right-of-way
line of Highway No. 112 to the East line of said 80.00 acres tract; thence S 00°07'00" E with said East line 1,300.60
feet to a point N 00°07'00" W, 1,303.60 feet from the SE Corner of said 80.00 acre tract; thence West 600.60 feet
to the East right-of-way line of the previously mentioned gravel road; thence N 08°06'00" E with said East line
321.00 feet; thence N 10'39'00" W with said East line 284.30 feet; thence N 28°25'00" W with said East line 166.10
feet; thence N 17°19'00" W with said East line 586.00 feet to the point of beginning, containing 20.00 acres, more
or less.
Now, more accurately described by a plat of survey by Milholland Company dated May 10, 2004 and designated
as drawing no. E-688 as follows: A part of the West Half (W1/2) of the Southwest Quarter (SW1/4) of Section
Twenty -Eight (28), Township Seventeen (17) North, Range Thirty (30) West, described as follows: Commencing
at the Northwest corner of the SW1/4 of said Section 28-17-30, thence S87°14'29"E 1320.14 feet to a point on the
East line of the West Half (W1/2) , Southwest Quarter (SW1/4) of said Section, thence S02°31'02"W, 34.99 feet
along said East line to the Southern right-of-way of Arkansas Highway No. 112 and the point of beginning, thence
continuing along said East line S02°31'02"W, 1298.63 feet; thence N87°16'08"W 600.60 feet to the East right-of-
way of Washington County Road No. 890, thence along said right-of-way N10°49'52"E 321.00 feet, thence with
said right-of-way N07°55"08"W, 284.30 feet, thence with said right-of-way N25°41'08"W, 166.10 feet, thence with
said right-of-way N14°35'08"W 576.59 feet to the southern right-of-way of Arkansas Highway No. 12, thence along
said right-of-way S87°35'48"E 853.78 feet to the point of beginning, all located in Fayetteville, Washington County,
Arkansas and containing 19.860 acres, more or less.
A part of the NE1/4 of the SW1/4 of Section 28, Township 17 North, Range 30 West, being more particularly
described as follows: Commencing at the Northwest corner of said 40 acre tract, said point being in Arkansas
Highway #112; thence S01°21'02"W along the West line of said 40 acre tract 60.40 feet to an existing iron on the
South Right -of -Way line of said highway for the true point of beginning; thence S88°44'20"E along said right of way
636.06 feet to an existing iron; thence leaving said right of way S00°40'42"E 565.86 feet to an existing iron; thence
S01 °01'05"W 179.25 feet to an existing iron at a fence corner; thence S01 °01'50"W 161.92 feet to a set '/2" iron
rebar on the proposed North Right -of -Way line of an undeveloped street as shown on the master street plat for
Fayetteville, Arkansas; thence N88°33'19"W along said proposed right of way line 658.07 feet to a set '/2" iron
rebar on the West line of said 40 acre tract; thence N01°21'02"E 904.60 feet to the point of beginning, containing
13.52 acres, more or less.
AND (Deed Reference 2016-17689)
Part of the NE1/4 of the SW1/4 and part of the NW1/4 of the SE1/4 of Section 28, Township 17 North, Range 30
West of the 5th Principal Meridian, all in Washington County, Arkansas, more particularly described as follows, to -
wit: Commencing at the Northwest corner of the NE'/4 of the SW'/4 of said Section 28, Township 17 North, Range
30 West, thence along the centerline of Highway 112, South 89035'26" East 941.81 feet to the POINT OF
BEGINNING, thence along the centerline of Highway 112 South 89035'36" East 1704.36 feet, thence along the
centerline of Highway 112 South 801.84 feet, thence North 89°28'28" West 1984.09 feet, thence North 179.25 feet,
thence along an existing fence North 02004'03" West 154.99 feet; thence along an existing fence which is the
South property line of the Sandlin property North 89042'25" East 299.39 feet, thence along an existing fence which
is the East property line of the Sandlin property North 01°45'19" West 460.28 feet to the POINT OF BEGINNING,
containing 33.397 acres, more or less.
WATER/SEWER EASEMENT
Page 2
PERMANENT EASEMENT DESCRIPTION "A":
Part of the North Half of the Southwest Quarter of Section 28, Township 17 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas being more particularly described as follows:
Commencing at the Northeast corner of the Northwest Quarter of the Southwest Quarter; thence along the East
line of said Quarter -Quarter S02037'26"W 157.13' to the South line of the Highway 112 ARDOT right-of-way (per
ARDOT Job #040746) and the Point of Beginning; thence along said South right-of-way S88026'10"E 52.86';
thence S02121'17"W 20.00'; thence N88126'10"W 92.85'; thence N68018'00"W 106.91'; thence N88119'27"W
499.66'; thence S01128'45"W 8.78'; thence S51121'40"E 138.33'; thence S38138'20"W 20.00'; thence N51121'40"W
148.27'; thence N01128'45"E 18.79'; thence N88019'27"W 99.62' thence S70037'29"W 57.32' to the East right-of-
way of North Deane Solomon Road; thence along said East right-of-way N14034'18"W 48.22' to said South
ARDOT right-of-way; thence along said South right-of-way the following five courses: N83137'27"E 78.76'; thence
S79034'36"E 110.03'; thence S88019'27"E 503.06'; thence S68018'00"E 106.89'; thence S88026'10"E 36.71' to the
Point of Beginning, containing 23,165 square feet or 0.53 acre more or less.
PERMANENT EASEMENT DESCRIPTION "B":
Part of the Northeast Quarter of the Southwest Quarter of Section 28, Township 17 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 Southwest Quarter; thence along the North
line of said Quarter -Quarter N87014'29"W 116.30'; thence S02035'30"W 150.10' to the South line of the ARDOT
Highway 112 right-of-way (per ARDOT Job #040746) and the Point of Beginning; thence continuing S02135'30"W
77.10'; thence S08157'44"E 97.29'; thence S81102'16"W 15.00'; thence N08157'44"W 148.74'; thence N02135'30"E
30.00' to the South line of said ARDOT right-of-way; thence along said South right-of-way S86042'52"E 25.00' to
the Point of Beginning, containing 3,184 square feet or 0.07 acres more or less.
PERMANENT EASEMENT DESCRIPTION "C":
Part of the Northwest Quarter of the Southeast Quarter of Section 28, Township 17 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas being more particularly described as follows:
Commencing at the Northeast corner of said Northwest Quarter of the Southeast Quarter; thence along the East
line of said Quarter -Quarter S02135'18"W 806.01'; thence N87011'34"W 99.62' to the West line of the ARDOT
Highway 112 right-of-way (per ARDOT Job #040746) and the Point of Beginning; thence N87111'34"W 82.49';
thence N02050'45"E 62.00'; thence S87111'34"E 41.01' to a point 30.00 West of said West right-of-way; thence
continuing 30.00' West of and parallel to said right-of-way N22101'58"W 150.02'; thence N67158'02"E 30.00' to said
West right-of-way; thence along said West right-of-way the following two courses: S22001'58"E 173.78'; thence
S01044'58"E 53.20' to the Point of Beginning, containing 9,653 square feet or 0.22 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 pipe line 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.
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 as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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
WITNESS the execution hereof on this
STATE OF ARKANSAS
COUNTY OF WASHINGTON
day of 12025.
BFT RENTAL, LLC, an Arkansas limited liability company
By:
Dale L. Benedict, 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 Dale L. Benedict, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he is the Manager of BFT Rental, 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 12025.
MY COMMISSION EXPIRES:
Notary Public
_ • n
R/W
NE SDLOMpN
NORTH DEA R/W
DOPE
or � Y
30 OZARK ELECTRIC
DOC. #2
WA TER AND SANITARY
SEWER EASEMENT "A N
PARCEL N0. 765-15832-000 &
765-15830-000 Ni
BFT RENTAL LLC ►I
N DEANE SOLOMAN RD
JO' OZARK ELECTRIC COOPERA TI VE `
RIGHT OF WAY ���\
- / DOC. #2014-00025143
--------------------
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inHAWS 6WEHL
E N G I N E E:Ra I N Q
Van Buren Fort Smith Fayetteville Little Rock
(479)474-1227 (479)242-4685 (479)455-2206 1 (501)374-4846
100 50 0 100
SCALE IN FEET
I
LOT 57
I BELCLAIRE ESTATES
N
3
i N. PROMENADE LNK.
LOT 16
r""*"*"*"- ,x --
LOT 15
I LOT 14
NOTE.• RIGHT—OF—WAY & PROPERTY LINE
INFORMATION BASED ON ARDOT JOB #040746.
NO INDEPENDENT BOUNDARY SURVEY WAS
PERFORMED AS PART OF THIS PROJECT
EXHIBI T "A"
HIGHWAY 112 UTILITY RELOCATIONS
TRACTS 6, 7 & 9 — BFT RENTAL LLC
FOR: CITY OF FA YETTEVILLE, ARKANSAS
www.hawkins-weir.com I DATE.' 1
SCALE.- 1 "=100' I JOB NO. 2021048
200 100 0 200
SCALE IN FEET
WA TER AND SANITARY i
SEWER EASEMENT "B"
N
3
Z
PARCEL NO. 765-158JO-001
BFT RENTAL LLC
N DEANE SOLOMAN RD
i
I
"'1 TER AND SANI TARY
WER EASEMENT "C"
NORTH
F/*
HIGHWAY 112
R/w
in1ijkWKRS 6WEHL
E N G IN E E:Ra IN Q
Van Buren Fort Smith Fayetteville Little Rock
(479)474-1227 (479)242-4685 (479)455-2206 1 (501)374-4846
NOTE.• RIGHT-OF-WAY & PROPERTY LINE
INFORMATION BASED ON ARDOT JOB 11040746.
NO INDEPENDENT BOUNDARY SURVEY WAS
PERFORMED AS PART OF THIS PROJECT
EXHIBI T "B"
HIGHWAY 112 UTILITY RELOCATIONS
TRACTS 6, 7 & 9 - BFT RENTAL LLC
FOR: CITY OF FA YETTEVILLE, ARKANSAS
www.hawkins-weir.com
DATE: 1 Z/0 024 I SCALE.- 1 "=200' 1 JOB NO. 2021048
Tract No. 10
Fellowship Bible Church
of Northwest Arkansas
IVA
CITY OF
FAYETTEVILLE
ARKANSAS
February 6, 2025
Mr. John Marquette
Fellowship Bible Church of Northwest Arkansas
1051 W. Pleasant Grove Road
Rogers, AR 72758
RE: Highway 112 Widening Project
Parcel No. 765-15830-004
3447 N. Hwy 112, Fayetteville, AR
(Notification Letter)
Dear Mr. Marquette:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
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 will
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 $28,000.00 for the rights associated with the permanent
easement (13,131 square feet) and $2,800.00 for damages, for a total of $30,800.00. Damages
include the loss of professionally landscaped trees and shrubs. This offer is based on an
independent appraisal of your property and a summary sheet is enclosed for your review.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
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.
Sincerely,
3iNyander
Utilities Director
TN/bs
EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of a church on 22.42 acres of commercial
land. The city is relocating water and sewer easements along this corridor.
Fellowship Bible Church
of Northwest Arkansas
765-15830-004
Before the Acquisition
976.615 So Ft - Land
After the Acquisition 41
963,484 SgFt - Land (Remainder)
8,467,000 Land Value Before the
2,800 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.
The WSE restricts permanent
structures above the easement
area.
Damages: Damages include the
loss of professionally landscaped
trees and shrubs.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 765-15830-004
Tract No. 10
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Fellowship Bible Church of Northwest Arkansas, an Arkansas
non-profit 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, grantee owned
fiber optic equipment and appurtenances thereto, on, over, across, and under the
following described land situated in the County of Washington, State of Arkansas,
to -wit:
PROPERTY DESCRIPTION: (Deed Reference 2018-4064)
A part of the Northwest Quarter of the Southeast Quarter and a part of the Northeast Quarter of the Southwest
Quarter all in Section twenty-eight (28), Township Seventeen (17) North, Range Thirty (30) West of the Fifth
Principal Meridian, Washington County, Arkansas, being more particularly described as follows:
Commence at the Northwest corner of the Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) of said
Section 28 being a found magnail in asphalt roadway; thence S87°34'31"E a distance of 631.02 feet to a point;
thence S00°23'08"W a distance of 628.16 feet to a found steel fence post; thence S02°10'40"W a distance of
178.19 feet to a found '/2 inch iron pin and the Point of Beginning; thence S87°11'04"E a distance of 1926.85 feet to
a found '/2 inch iron pin and the western right of way for U.S. Highway 112 being fifty-five (55) feet west of
centerline; thence along said western right of way, S02°43'18"W a distance of 474.95 feet to a set iron pin with cap
"PLS 1439"; thence leaving said western right of way, N87°19'58"W a distance of 2582.01 feet to a set iron pin with
cap "PLS 1439" and the west boundary of the East Half (E1/2) of the SW'/, NO2°34'52"E a distance of 318.11 feet
to a set iron pin with cap "PLS 1439"; thence leaving said west boundary, S87°13'55"E a distance of 656.51 feet to
a set iron pin with cap "PLS 1439"; thence NO2°31'13"E a distance of 162.98 feet to the point of beginning.
Said tract or parcel of land containing 25.90 acres (1,138,075 square feet), more or less.
Subject to easements, right-of-ways, and protective covenants of record, if any, subject to all prior mineral
reservations and oil and gas leases, if any.
PERMANENT EASEMENT DESCRIPTION:
A 30.00' wide easement over part of the Northwest Quarter of the Southeast Quarter of Section 28, Township 17
North, Range 30 West, City of Fayetteville, Washington County, Arkansas, the centerline of which being more
particularly described as follows:
Commencing at the Southwest corner of said Northwest Quarter of the Southeast Quarter; thence along the South
line of said Quarter -Quarter S87115'04"E 1,186.30' to the Point of Beginning; thence N02101'19"E 71.96'; thence
N11020'46"E 22.14'; thence N22055'37"E 119.27'; thence N01016'12"E 155.97'; thence N07156'41"W 115.29' to the
Point of Termination, containing 14,539 square feet or 0.33 acres more or less.
Less and Except those portions contained in existing utility easements, being 1,408 square feet or 0.03 acres more
or less. Containing a net total of 13,131 square feet or 0.30 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 pipe line 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.
WATER/SEWER EASEMEN
Page 2
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 as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 12025.
FELLOWSHIP BIBLE CHURCH OF NORTHWEST ARKANSAS,
an Arkansas non-profit corporation
By:
John Marquette, Secretary
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 John Marquette, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he is the Secretary of Fellowship Bible
Church of Northwest Arkansas, an Arkansas non-profit 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 12025.
MY COMMISSION EXPIRES:
Notary Public
v_--
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UTILITY EASEMENT I I
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PARCEL NO. 765-158JO-004 I
FELLOWSHIP BIBLE CHURCH
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J447 N HWY 112 I
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WA TER AND SANITARY \
SEWER EASEMENT �y
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PER PLAT 0024- 00000061 /
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20' UTILITY EASEMENT / --j ------
PER PLAT 0024- 00000061
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TREE PRESERVA TION EASEMENT 1
PER PLAT 0024-00000061 j I
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NOTE.• RIGHT-OF-WAY & PROPERTY LINE
INFORMATION BASED ON ARDOT JOB 11040746.
NO INDEPENDENT BOUNDARY SURVEY WAS
PERFORMED AS PART OF THIS PROJECT. /
HAWKIS 6WEHL
E N G I NEE:Ra I NQ
Van Buren Fort Smith Fayetteville Little Rock
(479)474-1227 (479)242-4685 (479)455-2206 1 (501)374-4846
60 30 0 60
SCALE IN FEET
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EXHIBI T "A"
HIGHWAY 112 UTILITY RELOCATIONS
TRACT 10 - FELLOWSHIP BIBLE CHURCH OF NORTHWEST ARKANSAS
FOR: CITY OF FA YETTEVILLE, ARKANSAS
www.hawkins-weir.com I DATE: 1
SCALE.- 1 "=60' 1 JOB NO. 2021048
Tract No. 11
One Twelve Village, LLC
CITY OF
FAYETTEVILLE
ARKANSAS
January 30, 2025
Mr. David R. Evans
One Twelve Village, LLC, an Arkansas limited liability company
3768 E. Leawood Way
Fayetteville, AR 72703
RE: Highway 112 Widening Project
Parcel No. 765-15830-000
N Hwy 112, Fayetteville, AR
(Notification Letter)
Dear Mr. Evans:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
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 will
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 $50,000.00 for the rights associated with the permanent
easement (36,251 square feet). This offer is based on an independent appraisal of your
property and a summary sheet is enclosed for your review.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
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.
rely,
m Nyander
Utilities Director
TN/bs
EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of 39.43 acres of residential land. The
city is relocating water and sewer easements along this corridor.
Onp TWPIVP Vllla4e LLC
Before the Acquisition
1,717,571 SgFt - Land
9,488.000 Land Value Before the Acquisition
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 does not
appear to be affected by the
permanent easement, and the
client assures us that owners and
customers will continue to have
access during construction.
The WSE restricts permanent
structures above the easement
area.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 765-15830-000
Tract No. 11
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT One Twelve Village, 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, grantee owned fiber optic equipment
and appurtenances thereto, on, over, across, and under the following described
land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Reference 2017-7010)
A PART OF THE WEST HALF (W 1/2) OF THE SOUTHEAST QUARTER (SE1/4), ALL IN SECTION TWENTY-
EIGHT (28), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL
MERIDIAN, WASHINGTON COUNTY ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF THE NE 1/4 OF THE SW 1/4 OF SAID
SECTION 28 BEING A FOUND COTTON PICKER SPINDLE IN ASPHALT ROADWAY; THENCE ALONG THE
WEST LINE OF SAID NE 1/4 OF THE SW 1/4, S02°34'52"W A DISTANCE OF 1283.11 FEET TO A FOUND
IRON PIN WITH CAP "PLS 1439"; THENCE LEAVING SAID WEST LINE, 87°19'58"E A DISTANCE OF 1315.10
FEET TO THE POINT OF BEGINNING, SAID POINT BEING A SET IRON PIN WITH CAP "PLS 1156"; THENCE
S87°19'58"E A DISTANCE OF 1266.91 FEET TO THE WESTERLY RIGHT OF WAY LINE OF HIGHWAY 112
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING EIGHT (8) CALLS, S02°43'18"W A
DISTANCE OF 978.38 FEET TO A POINT; THENCE S02°02'26"W A DISTANCE OF 63.14 FEET TO A POINT;
THENCE S00°11'50"W A DISTANCE OF 51.97 FEET TO A POINT; THENCE S03°04'07"E A DISTANCE OF
40.08 FEET TO A POINT; THENCE S07°04'04"E A DISTANCE OF 55.68 FEET TO A POINT; THENCE
S11°50'44"E A DISTANCE OF 58.74 FEET TO A POINT; THENCE S15°34'53"E A DISTANCE OF 71.32 FEET
TO A POINT; THENCE S18°13'53"E A DISTANCE OF 15.95 FEET TO A POINT; THENCE LEAVING SAID
RIGHT OF WAY, S02°32'54"W A DISTANCE OF 26.08 FEET TO A FOUND 3 INCH ALUMINUM CAP AT THE
SOUTHEAST CORNER OF THE SW 1/4 OF THE SE 1/4 OF SAID SECTION 28; THENCE ALONG THE SOUTH
LINE OF SAID SW 1/4 OF THE SE 1/4, N87°08'52"W A DISTANCE OF 1322.12 FEET TO A FOUND IRON PIN
WITH CAP "PLS 1439", BEING THE SOUTH QUARTER CORNER OF SAID SECTION 28; THENCE LEAVING
SAID SOUTH LINE, NO2°32'22"E A DISTANCE OF 1349.51 FEET TO THE POINT OF BEGINNING. SAID
TRACT OR PARCEL OF LAND CONTAINING 39.43 ACRES (1,717,256 SQUARE FEET), MORE OR LESS,
AND BEING DEPICTED AS NEW TRACT 1 ON THAT CERTAIN PROPERTY LINE ADJUSTMENT SURVEY
FILED FOR RECORD FEBRUARY 1, 2017, AS LAND DOCUMENT 2017-00003176, OF THE RECORDS OF
WASHINGTON COUNTY, ARKANSAS.
PERMANENT EASEMENT DESCRIPTION:
A 30.00' wide easement over part of the Southwest Quarter of the Southeast Quarter of Section 28, Township 17
North, Range 30 West, City of Fayetteville, Washington County, Arkansas, the centerline of which being more
particularly described as follows:
Commencing at the Southeast corner of said Southwest Quarter of the Southeast Quarter; thence along the South
line of said Quarter -Quarter N87015'19"W 168.81 feet; thence N02144'10"E 30.00 feet to the North line of an
existing City of Fayetteville water and sewer easement (Filed for Record in Book 93 Page 44456) and the Point of
Beginning; thence N02044'10"E 502.63 feet to a point 15.00 feet West of the West right-of-way of Highway 112
(Per ARDOT Job 040746); thence continuing 15.00 feet West of and parallel to said West right-of-way the
following five (5) courses: N04153'33"W 38.08 feet; thence N12009'52"E 66.30 feet; thence N36123'32"E 107.52
feet; thence N07030'57"E 90.96 feet; thence NO3°33'26"E 283.44 feet; thence N20°35'09"W 54.50 feet; thence
N02003'04"E 65.43 feet to the South right-of-way of a future City of Fayetteville road (Acquired by ARDOT Per
ARDOT Job 040746) and the Point of Termination, containing 36,251 square feet or 0.83 acre 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 pipe line 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.
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 as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this
STATE OF ARKANSAS
COUNTY OF WASHINGTON
day of 12025.
ONE TWELVE VILLAGE, LLC, an Arkansas limited liability
company
By:
David R. Evans, Member
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 David R. Evans, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he is a Member of One Twelve Village, 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 2025.
MY COMMISSION EXPIRES:
Notary Public
FUTURE CITY OF
FA YETTEVILLE ROAD
R/W ACQUIRED BY
ARDOT PER JOB 040746
R/W
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WA TER AND SANITARY
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SEWER EASEMENT
PARCEL NO. 765-158JO-000
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ONE TWELVE VILLAGE LLC
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N HWY 112
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WA TER & SEWER EASEMENT
BKK, 93 PG. 44456
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E N G I N E E:Ra I N Q
Van Buren Fort Smith Fayetteville Little Rock
(479)474-1227 (479)242-4685 (479)455-2206 1 (501)374-4846
www.hawkins-weir.com
200 100 0 200
SCALE IN FEET
I
NOTE.• RIGHT-OF-WAY & PROPERTY LINE
INFORMATION BASED ON ARDOT JOB 11040746.
NO INDEPENDENT BOUNDARY SURVEY WAS
PERFORMED AS PART OF THIS PROJECT.
EXHIBI T "A"
HIGHWAY 112 UTILITY RELOCATIONS
TRACT 11 - ONE TWELVE VILLAGE LLC
FOR: CITY OF FA YETTEVILLE, ARKANSAS
DA TE.• 0112112025 SCALE.- 1 "--200' 1 JOB NO. 2021048
Tract No. 12
Transport Realty, Inc.
CITY OF
FAYETTEVILLE
ARKANSAS
January 30, 2025
Mr. Walter J. Echols
Transport Realty, Inc., an Arkansas corporation
PO Box 10048
Fort Smith, AR 72917
RE: Highway 112 Widening Project
Parcel No. 765-15856-000
1550 W. Truckers Drive, Fayetteville, AR
(Notification Letter)
Dear Mr. Echols:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
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 will
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 $19,000.00 for the rights associated with the permanent
easement (10,540 square feet). This offer is based on an independent appraisal of your
property and a summary sheet is enclosed for your review.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
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.
Sincerely,
Timqyy�ander
Utilities Director
TN/bs
EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of a 9,334 SgFt freight business on 7.75
acres of commercial land. The city is relocating water and sewer easements along this corridor.
Before the Acquisition
337 990 SnFr _ I and
r ILC1 LIIC 11 kJUIJILIVII
177 n;n SnFr _ I and (RamainA-r)
C-2; Thoroughfare Commercial
2,431,000 Land Value Before the Acquisition
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. The WSE
restricts permanent construction
above the easement area.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 765-15856-000
Tract No. 12
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Transport Realty, Inc., an Arkansas corporation (formerly
known as ABC-Treadco, Inc., formerly known as Arkansas Bandag
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, grantee owned fiber optic equipment
and appurtenances thereto, on, over, across, and under the following described
land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Reference 99-84977)
Part of the N1/2 of the NE1/4 of Section 33, T-17-N, R-30-W, and being more particularly described as follows:
Beginning at a point one hundred sixty-five feet east of the Northwest corner of the Northeast quarter of the
Northeast quarter of said section, township, and range, and running thence West eight hundred nineteen and
seventy six hundredths feet; thence South four hundred seventeen and seventy four hundredths feet to the North
line of a fifty foot roadway; thence east with the North line of said roadway eight hundred nineteen and seventy six
hundredths feet to center line of State Highway No. 112; thence North four hundred seventeen and seventy four
hundredths feet to the point of beginning, containing seven and eighty three hundredths acres, more or less. LESS
AND EXCEPT that part embraced in State Highway No. 112 and that portion which is east of the center line of said
Highway, in the Northeast corner, LESS AND EXCEPT all public roads and rights -of -way.
PERMANENT EASEMENT DESCRIPTION:
Part of the North Half of the Northeast Quarter of Section 33, Township 17 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas being more particularly described as follows:
Commencing at the Northwest corner of said Northeast Quarter; thence along the North line of said Northeast
Quarter S87115'19"E 1,245.30' to the Point of Beginning; thence continuing along said North line S87115'19"E
30.82' to the West right-of-way of Highway 112 (per ARDOT Job #040746); thence along said West right-of-way
the following three (3) courses: S20138'38"E 78.06'; thence S88035'04"E 34.18'; thence S30108'39"E 34.90' to the
West line of an existing City of Fayetteville utility easement (filed in Book 1023 Page 498); thence along said West
easement line the following three courses S18039'08"E 85.09'; thence S13128'15"E 89.40'; thence S02054'25"E
64.42' to said West right-of-way of Highway 112; thence along said West right-of-way S35052'33"W 46.23'; thence
continuing along said West right-of-way S10048'29"W 8.84' to the Northwest line of an existing City of Fayetteville
water and sewer easement (filed as Document #2016-00015682); thence along said Northwest easement line
S47033'15"W 4.91; thence continuing along said Northwest easement line S02033'15"W 10.76' to the North line of
an existing City of Fayetteville utility easement (filed in Book 1023 Page 498); thence along said North easement
line N87143'41"W 25.69'; thence N01148'31"E 22.74'; thence N35046'15"E 75.89'; thence N15042'54"W 203.46';
thence N60032'55"W 61.91'; thence N24018'02"W 94.39' to the Point of Beginning, containing 10,540 square feet
or 0.24 acre 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 pipe line 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.
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 as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
WATER/SEWER EASFnnFr
Page 2
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 2025.
TRANSPORT REALTY, INC., AN ARKANSAS CORPORATION
(FORMERLY KNOWN AS ABC-TREADCO, INC., FORMERLY
KNOWN AS ARKANSAS BANDAG CORPORATION)
By:
ATTEST:
Shaun McCaffrey, Director, Real Estate
ArcBest Corp.
Walter J. Echols, Vice President, Real Estate
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 Walter J. Echols and Shaun McCaffrey, to me well known as
the persons who executed the foregoing document, and who stated and acknowledged that they are the Vice President
and Director of Real Estate for ArcBest Corp., respectively, of TRANSPORT REALTY, INC., AN ARKANSAS
CORPORATION (FORMERLY KNOWN AS ABC-TREADCO, INC., FORMERLY KNOWN AS ARKANSAS BANDAG
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 12025.
MY COMMISSION EXPIRES:
Notary Public
WA TER AND SANITARY
SEWER EASEMENT
PARCEL NO. 765-15856-000
TRANSPORT REALTY INC
1550 W TRUCKERS DR
CI TY
FAYETTEVILLE UTILITY EASEMENT
BK. 102J PG. 498
CI TY OF FA YETTEVILLE UTILI TY EASEMENT
BK.-
102J PG. 498
R/W
WEST TRUCKERS DRIVE
inHAWIUS 6WEHL
E N G IN E E:Ra IN Q
Van Buren Fort Smith Fayetteville Little Rock
(479)474-1227 (479)242-4685 (479)455-2206 1 (501)374-4846
50 25 0 50
SCALE IN FEET
NOTE. RIGHT-OF-WAY & PROPERTY
LINE INFORMATION BASED ON ARDOT
JOB #040746. NO INDEPENDENT
BOUNDARY SURVEY WAS PERFORMED
AS PART OF THIS PROJECT.
z
0
H t
2
�D
IV
- CITY OF FA YETTEVILLE
WA TER & SEWER EASEMENT
DOC. #2016-00015682
EXHIBI T "A"
HIGHWAY 112 UTILITY RELOCATIONS
TRACT 12 - TRANSPORT REALTY INC.
FOR: CITY OF FA YETTEVILLE, ARKANSAS
www.hawkins-weir.com
DATE: 12/02/2024 I SCALE.- 1 "=50' 1 JOB NO. 2021048
Tract No. 13
Sam's Real Estate Business Trust
CITY OF
FAYETTEVILLE
ARKANSAS
January 30, 2025
Mr. Thomas H. Wait
Sam's Real Estate Business Trust, a Delaware Statutory Trust
Walmart Property Tax Dept 8013, PO Box 8050
Bentonville, AR 72712
RE: Highway 112 Widening Project
Parcel No. 765-15855-000
3075 N. Hwy 112, Fayetteville, AR
(Notification Letter)
Dear Mr. Wait:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
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 will
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 $4,800.00 for the rights associated with the temporary
construction and grading easement (1,600 square feet). This offer is based on an independent
appraisal of your property and a summary sheet is enclosed for your review.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
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.
Sincerely,
T(��-
Tim Nyander
Utilities Director
TN/bs
Sam's Keal Estate
Business Trust
Before the Acquisition
AA 177R '—Pr _ I —H
After the Acquisition
C-2: Thoroughfare Commercial
EXECUTIVE SUMMARY
Before the acquisition, the
subject property consists of a
147,774 SgFt retail store on
15.64 acres of commercial land.
The city is relocating water and
sewer easements along this
corridor, and they will use a
portion of the frontage of this
lot for a temporary constrcution
easement.
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 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.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 765-15855-000
Tract No. 13
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Sam's Real Estate Business Trust, a Delaware statutory trust,
hereinafter called GRANTORS, for and in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, do hereby GRANT, SELL and CONVEY unto the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE,
and unto Grantee's successors and assigns, a temporary construction and grading
easement on, over, and through the following described land situated in the County
of Washington, State of Arkansas, for the sole purposes necessary for construction
of ???? Street, to -wit:
PROPERTY DESCRIPTION: (Deed Ref: 99-84977)
Property located in Washington County, AR Lot 7 Springwoods, an addition to the City of Fayetteville, and other
lands all located in the NE1/4 NW1/4, NW1/4 NE1/4 and the NE1A NE1/4 Section 33, Township 17 North, Range 30
West, Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the
Northeast corner of the NE1 /4 NW1 /4 of said Section 33; Thence S 87°12'42" E for 247.42 feet; Thence S 02°27'35"
W for 478.05 feet to a rebar and cap and the point of beginning; Thence S 87°53'56" E for 1205.16 feet to a rebar
and cap on the Westerly Right of Way line of Arkansas State Highway Number 112; Thence S 2'16'58" W for 344.45
feet along the said Right of Way line to a row disk; Thence N 88°14'29" W for 40.13 feet along said Right of Way line
to a rebar and cap; Thence S 03°00'58" W for 210.44 feet along said West Right of Way line to a 5/8" pipe; Thence
N 88°14'36" W for 60.11 feet (59.97 feet deed) along said West Right of Way line to a 3/8" rebar; Thence S
27°17'36" W for 9.62 feet (9.72 feet deed) along said West Right of Way line to a "A" rebar; Thence leaving said
Right of Way line N 871729" W for 1100.18 (1100.10 deed) feet to a rebar and cap; Thence N 02°29'21" E for
61.97 feet to a rebar and cap; Thence N 84°47'37" W for 63.41 feet (N 84044'45" W for 63.43 feet plat) to a rebar
and cap; Thence S 24°25'48" E for 97.81 feet (S 24°27'56" E for 97.91 feet plat) to a concrete monument and cap;
Thence S 15°44'41" W for 256.80 feet (S 15°42'51" W for 256.83 feet plat) to a concrete monument and cap; Thence
N 87005'25" W for 296.07 feet (N 87003'33" W for 296.13 feet plat) to a rebar and cap; Thence N 74'16'00" W for
43.14 feet (N 74°33'51" W for 43.11 feet plat) to a rebar and cap; Thence S 88°05'35" W for 191.98 feet (S 88°06'58"
W for 192.03 feet plat) to a rebar and cap; Thence N 06'46'12" W for 95.32 feet (N 06°46'27" W for 95.47 feet plat)
to a rebar and cap; Thence N 88038'49" W for 95.51 feet (N 88°52'35" W for 95.38 feet plat) to a Conc. Mon. and 3"
cap; Thence N 22°25'46" W for 53.94 feet (N 22°28'20" W for 54.13 feet plat) to a rebar and cap; Thence N
64°02'57" E for 696.60 feet (N 64'03'19" E for 696.30 feet plat) to a rebar and cap; Thence along a curve to the right
having a radius of 175.00 feet and a chord bearing and distance of N 85044'08" E for 129.33 feet (N 8504619" E for
129.41 feet plat) to a rebar and cap; Thence N 02o29'21" E for 339.31 feet to the point of beginning and containing
884,181 sq. ft. or 20.298 acres, more or less. AND BEING the same property conveyed to Sam's West, Inc., an
Arkansas corporation from Springwoods Landholdings, LLC, an Arkansas limited liability company by Warranty
Deed dated August 16, 2006 and recorded August 22, 2006 in Instrument No. 2006-00034446.
Tax Parcel No. 765-15855-002.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
Part of the Northeast Quarter of Section 33, Township 17 North, Range 30 West, City of Fayetteville, Washington
County, Arkansas being more particularly described as follows:
Commencing at the Northwest corner of the Northwest Quarter of said Section 33; thence along the West line of said
Quarter S02°28'26"W 508.24 feet; thence S87°54'20"E 2,884.98 feet to the West line of an existing utility easement
(filed as Document #2004-00021856); thence along said West easement line S02°27'35"W 50.00 feet to the South
line of said Easement; thence along said South easement line S87°54'20"E 1,095.69 feet to the Point of Beginning;
thence continuing along said South easement line S87°54'20"E 80.00 feet to the West line of an existing utility
easement (filed in Document #0023-00000259); thence along said West easement line S02°58'58"W 20.00 feet;
thence N87054'20"W 80.00 feet; thence N02058'58"E 20.00 feet to the Point of Beginning, containing 1,600 square
feet or 0.04 acre 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(s) which may be located or under construction within said temporary construction easement area during the construction
of this project.
TCE
Page 2
TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, togetherwith free ingress to
and egress from the real estate first herein above described for the uses and purposes herein above set forth.
The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 12022.
SAWS REAL ESTATE BUSINESS TRUST, a Delaware statutory
trust
By:
rhomas H. Wait, Senior Vice President
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 Thomas H. Wait, to me well known as the person who executed the
foregoing document, and who stated and acknowledged that he is the Senior Vice President of Sam's Real Estate Business
Trust, a Delaware statutory trust, and is duly authorized in his capacity to execute the foregoing instrument for and in the name
and behalf of said trust, 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 12023.
MY COMMISSION EXPIRES:
Notary Public
R/W 50 25 0 50
RAW
W
SCALE IN FEET
WEST TRUCKERS DRI VF
o R/W
10' PRI VA TE UTILITY EASEMENT DOC. #2007-00043977 ----------
CITY OF FAYETTEVILLE
MUL TIUSE TRAIL, WA TER & SEWER EASEMENT t
_ _ DOC.' #2004-00021856 I
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CONSTRUCTION EASEMENT U ,
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NOTE. RIGHT-OF-WAY & PROPERTY LINE
3 INFORMATION BASED ON ARDOT JOB #040746.
NO INDEPENDENT BOUNDARY SURVEY WAS
PERFORMED AS PART OF THIS PROJECT
Q HAG S a�� EXHIBIT "A
o E N£ I N E E R$ I N r, HIGHWAY 112 UTILITY RELOCATIONS
N TRACT 13 - SA US REAL ES TA TE BUSINESS TRUST
oN Van Buren Fart Smith Fayetteville Little Rock
N (479) 474-1227 I (479) 242-4685 I (479) 455-2206 I (501) 374-4846 FOR: CITY OF FAYETTEVILLE, ARKANSAS
N www.hawkins-weir.com DA TE: 1211612024 SCALE.- 1 `50' JOB NO. 2021048
Tract No. 15
CL Partners, LLC
CITY OF
FAYETTEVILLE
ARKANSAS
January 30, 2025
Mr. Christopher A. Akbari
CL Partners, LLC and D Briggs 112 Exchange, LLC
PO Box 189
Sedalia, MO 65302
RE: Highway 112 Widening Project
Parcel No. 765-15813-000, 765-15815-000, 765-15816-000,
765-15819-000, 765-15812-000, 765-15811-000
N Hwy 112, Fayetteville, AR
(Notification Letter)
Dear Mr. Akbari:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
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 will
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 $169,000.00 for the rights associated with the permanent
easement (57,077 square feet). This offer is based on an independent appraisal of your
property and a summary sheet is enclosed for your review.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
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.
'ncerely,
Ti Nyander
Utilities Director
TN/bs
EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of 36.11 acres of commercial land
formerly used for a drive-in theater. The property is intended for a new mixed use housing
development, but the plans are on hold. The city is relocating water and sewer easements along
this corridor.
CL Partners, LLC;
D Briggs 1 12
Exchange LLC
Before the Acquisition
1 57? 95? SnFt _ I nnrd
Proposed Water- and Sewer- Easement '1
57 077 SnPr - I and lArnuicitinn Araal
After the Acquisition
151 5 117; SnFt - I anrd iRamninrdarl
Remaining Rights In the Acquisition Area
18,567,000 Land Value Before the Acquisition
IR i9R nn0 I and Values Aftar tha Armikitinn
Market Value of the Acquisition
See mapping for specific
locations. They have minimal
impact on the subject
improvements. Any existing
site improvements (parking,
paving, driveways, sidewalks,
lawn) within the easement
construction area 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 WSE restricts permanent
construction above the
easement area.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 765-15811-000, 765-15812-000,
765-15813-000, 765-15815-000,
765-15816-000 & 765-15819-000
Tract No. 15
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT CL Partners, LLC, an Arkansas limited liability company, and D.
Briggs 112 Exchange LLC, an Arkansas limited liability company, hereinafter
called GRANTORS, 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, grantee owned fiber optic equipment and
appurtenances thereto, on, over, across, and under the following described land
situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Reference 2022-29207)
SURVEY DESCRIPTION from ALTA/NSPS Land Title Survey by ESI Consulting Engineers dated August 29,
2022.
Part of the East Half (E 1/2) of the Southeast Quarter (SE '4) of Section Twenty -Eight (28), Township Seventeen
(17) North, Range Thirty (30) West of the Fifth Principal Meridian, City of Fayetteville, Washington County,
Arkansas, and being more particularly described as follows: COMMENCING at the Southwest Corner of said E V2
of the SE 74, said point being a found 3 inch Aluminum Monument; thence along the South line of said E 1/2 of
the SE 1/4, S87°08'52"E a distance of 83.50 feet to the POLNT OF BEGINNING, said point being a set iron pin
with cap "PS 1559"; thence leaving said South line, N20°53' 11 "W a distance of 48.65 feet; thence along a curve to
the right, said curve having a radius of 699.58 feet, an arc length of 290.81 feet, and a chord bearing and distance
of N08°58'40"W 288.72 feet; thence NO2°55'51"E a distance of 300.88 feet; thence NO2°45' 12"E a distance of
221.00 feet; thence NO2°38' 37E a distance of 345.10 feet; thence NO297'44"E a distance of 418.46 feet to a set
iron pin with cap "PS 1559"; thence S88°43'56"E a distance of 943.50 feet to a set iron pin with cap "PS 1559";
thence SOO°38'08W a distance of 1639.87 feet to a set iron pin with cap "PS 1559" on the South line of said E 1/2
of the SE 1/4; thence along said South line, N87°08'52W a distance of 924.94 feet to the POINT OF BEGINNING,
containing 36.11 acres (1,572,946 square feet), more or less, and subject to all Rights -Of -Way, Easements or
Restrictive Covenants of record and fact..
PERMANENT EASEMENT DESCRIPTION:
Part of the Southeast Quarter of the Southeast Quarter of Section 28, Township 17 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas being more particularly described as follows:
Commencing at the Southwest corner of said Southeast Quarter; thence along the South line of said Quarter -
Quarter S87°15'19"E 173.14'to the East right-of-way of Highway 112 (per ARDOT Job #040746) and the Point of
Beginning; thence along said East right-of-way the following twelve (12) courses: N12034'40"W 68.06'; thence
N84041'48"W 36.25'; thence N13005'39"W 82.41'; thence N08121'32"W 187.26'; thence N05139'53"E 58.08';
thence N32121'25"E 157.65'; thence N02142'08"E 75.00'; thence N22047'43"W 72.01'; thence N35057'27"W 57.63';
thence N07026'36"W 96.51'; thence N02137'31 "E 745.00'; thence N06015'36"W 64.18'; thence leaving said West
right of way S88004'09"E 39.28'; thence S00140'26"E 63.28'; thence S02142'06"W 390.70'; thence S02132'29"W
352.08'; thence S07126'36"E 85.24'; thence S35157'27"E 53.05'; thence S22147'43"E 83.29'; thence S02142'08"W
91.20'; thence S32021'25"W 158.56'; thence S05039'53"W 46.15'; thence S09001'37"E 205.70'; thence
S45027'08"E 71.50'; thence S11042'12"E 86.41' to the South line of said Southeast Quarter; thence along said
South line N87015'19"W 37.24' to the Point of Beginning, containing 57,077 square feet or 1.31 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 pipe line 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.
WATER/SEWER EASEMENT
Page 2
The Grantor agrees not to erect any buildings or structures in said permanent easement.
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 as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 12025.
CL PARTNERS, LLC, an Arkansas limited liability company
By:
Christopher A. Akbari, Manager
ACKNOWLEDGMENT
STATE OF TEXAS
ss.
COUNTY OF HARRIS
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 Christopher A. Akbari, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he is a manager of CL Partners, 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 12025.
MY COMMISSION EXPIRES:
Notary Public
WATER/SEWER EASEMENT
Page 3
CL PARTNERS, LLC, an Arkansas limited liability company
By:
David Anderson, 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 David Anderson, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he is a manager of CL Partners, 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 12025.
MY COMMISSION EXPIRES:
Notary Public
WATER/SEWER EASEMENT
Page 4
D. BRIGGS 112 EXCHANGE LLC, LLC, an Arkansas limited
liability company
By:
Dale Briggs, 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 Dale Briggs, to me well known as the person who executed
the foregoing document, and who stated and acknowledged that he is a manager of D. Briggs 112 Exchange, 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 12025.
MY COMMISSION EXPIRES:
Notary Public
NOTE.• RIGHT OF -WAY & PROPERTY LINE
of INFORMATION BASED ON ARDOT JOB 11040746.
Q NO INDEPENDENT BOUNDARY SURVEY WAS
JI PERFORMED AS PART OF THIS PROJECT
inHAVMS 6WEHL
EN8I NEE:Ra I NQ
Van Buren Fort Smith Fayetteville Little Rock
(479)474-1227 (479)242-4685 (479)455-2206 1 (501)374-4846
1A
Z�
200 100 0 200
SCALE IN FEET
PARCEL NO.
765-15811-000
PARCEL NO.
765-15812-000
PARCEL NO.
765-15816-000
PARCEL NO.
765-15819-000
PARCEL NO.
765-1581
J-
000
PARCEL NO.
765-15815-000
CL PARTNERS LLC & D
BRIGGS 112
EXCHANGE LLC
N HWY 112
WA TER AND SANITARY
SEWER EASEMENT
pJO' CI TY OF FA YETTEVILLE
SEWER EASEMENT
DOC. 112008-000084J8
CITY OF FA YETTEVILLE
SEWER EASEMENT
Y i DOC. 112008-000084J8 - - -
��- 15' DRAINAGE EASEMENT
__----_-_--_ _� DOC_ 119900575J9
EXHIBI T "A"
HIGHWAY 112 UTILITY RELOCATIONS
TRACTS 15 & 16 - CL PARTNERS LLC & D BRIGGS 112 EXCHANGE LLC
FOR: CITY OF FA YETTEVILLE, ARKANSAS
www.hawkins-weir.com I DATE: 1
SCALE.- 1 "=200' 1 JOB NO. 2021048
Tract No. 17
McBryde Family Limited Partnership
CITY OF
FAYETTEVILLE
ARKANSAS
January 30, 2025
Mr. C. Bryan McBryde
McBryde Family Limited Partnership, an Arkansas limited partnership (GUE $0)
5800 N. Bannister Drive
Fayetteville, AR 72704
RE: Highway 112 Widening Project
Parcel No. 765-15814-000
3450 N. Hwy 112, Fayetteville, AR
(Notification Letter)
Dear Mr. McBryde:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
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 will
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 $18,000.00 for the rights associated with the permanent
easement (5,794 square feet), $1,500.00 for the rights associated with the temporary
construction and grading easement (700 square feet), and $900.00 for damages, for a total of
$20,400.00. Damages include the loss of a professionally landscaped tree. This offer is based
on an independent appraisal of your property and a summary sheet is enclosed for your review.
Additionally, the City is asking you to dedicate a permanent easement over the existing water
and sewer lines. As you can see from the enclosed as -built plan by Jorgensen & Associates,
these lines were installed as part of your development in 1997 and the required easements
were not properly dedicated at that time.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Please note that negotiations may continue throughout this process. A pamphlet is enclosed
explaining the steps involved in condemnation and your rights and responsibilities.
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,
WW41-t-"
Tim Nyander
Utilities Director
TN/bs
EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of a 32,690 SgFt office and warehouse
on 5.17 acres of commercial land. The city is relocating water and sewer easements along this
corridor.
1 /29/2025
Effective Date
PHYSICAL CHARACTERISTICS
McBryde Family Limited
Partnership
Property Owner
765-15814-000
Parcel
Fayetteville
City
AR
State
32,690
- Area
Before the Acquisition
225,205
SgFt - Land
Proposed Water- and Sewer Easement
5,794
SgFt - Land (Acquisition Area)
After- the Acquisition
219,41 1
SgFt - Land (Remainder)
Remaining Rights In the Acquisition Area
5,794
SgFt - Land (Residual)
Temporary Construction Easements
700
SgFt - Land
C-2; Thoroughfare Commercial
ning
CONCLUSIONS
$
2,854,000
Land Value Before the Acquisition
$
2,836,000
Land Value After the Acquisition
$
18,000
Market Value of the Acquisition
$
1,500
TCE
$
900
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.
The WSE restricts permanent
structures above the easement
area.
Damages: Damages include the
loss of a professionally landscaped
tree.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 765-15814-000
Tract No. 17
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT McBryde Family Limited Partnership, an Arkansas limited
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
and a temporary construction and grading easement to construct, lay, remove,
relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or
lines, manholes, grantee owned fiber optic equipment and appurtenances thereto,
on, over, across, and under the following described land situated in the County of
Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Reference 98-89202)
Part of the Southeast Quarter of Section Twenty -Eight (28), Township Seventeen (17) North, Range Thirty (30)
West and being more particularly described as follows, to -wit: Beginning at a point which is 769.20 feet south of
the Northwest corner of the Northeast Quarter of the Southeast Quarter of said Section 28, and running thence
East 941.07 feet to the centerline of an existing ditch, thence South along said ditch centerline 250 feet, thence
West 950.27 feet, thence North 250 feet to the point of beginning.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northeast Quarter of the Southeast Quarter of Section 28, Township 17 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas being more particularly described as follows:
Commencing at the Northwest corner of said Northeast Quarter of the Southeast Quarter; thence along the West
line of said Quarter -Quarter S02035'05"W 771.01'; thence S88108'51"E 53.84' to the East line of an existing 15.00'
City of Fayetteville water and sewer easement (filed for record in Book 888 Page 768) and the Point of Beginning;
thence S88008'51"E 28.34'; thence S02152'30"W 72.98'; thence S00114'50"W 57.54' to the North line of an existing
City of Fayetteville utility easement; thence along said North easement line N88017'11"W 28.12' to the East line of
an existing City of Fayetteville water and sewer easement (filed for record in Book 1157 Page 411); thence along
said East easement line N01116'01"W 37.94' to the East line of an existing City of Fayetteville water and sewer
easement (filed for record in Book 888 Page 768); thence along said East easement line N02048'08"E 92.69' to the
Point of Beginning, containing 3,713 square feet or 0.09 acres more or less.
ALSO
Part of the Northeast Quarter of the Southeast Quarter of Section 28, Township 17 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas being more particularly described as follows:
Commencing at the Northwest corner of said Northeast Quarter of the Southeast Quarter; thence along the West
line of said Quarter -Quarter S02035'05"W 921.71'; thence S88117'11"E 57.38' to the intersection of the East line of
an existing City of Fayetteville water and sewer easement (filed for record in Book 1157 Page 411) and the South
line of an existing City of Fayetteville utility easement and the Point of Beginning; thence along the South line of
said utility easement S88017'11"E 27.59'; thence S00114'50"W 78.43'to the North line of an existing City of
Fayetteville utility easement; thence along said North easement line N88104'09"W 25.52' to the East line of said
City of Fayetteville water and sewer easement; thence along said East easement line N01116'01"W 78.42' to the
Point of Beginning, containing 2,081 square feet or 0.05 acres more or less.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
A 10.00'x70.00' easement over part of the Northeast Quarter of the Southeast Quarter of Section 28, Township 17
North, Range 30 West, City of Fayetteville, Washington County, Arkansas being more particularly described as
follows:
Commencing at the Northwest corner of said Northeast Quarter of the Southeast Quarter; thence along the West
line of said Quarter -Quarter S02135'05"W 771.01'; thence S88108'51"E 82.18' to the East line of the above
described permanent easement and the Point of Beginning; thence S88108'51"E 10.00'; thence S02152'30"W
70.00'; thence N88008'51 "W 10.00' to the East line of the above described permanent easement; thence along
said East line N02152'30"E 70.00' to the Point of Beginning, containing 700 square feet or 0.02 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 pipe line 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.
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 as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 12025.
McBRYDE FAMILY LIMITED PARTNERSHIP, an Arkansas
limited partnership
By: Flogene Enterprises, Inc., its General Partner
By:
C. Bryan McBryde, President
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 C. Bryan McBryde, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he is the President of Flogene Enterprises,
Inc., General Partner of McBryde Family Limited Partnership, an Arkansas limited 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 12025.
MY COMMISSION EXPIRES:
Notary Public
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WA TER & SEWER EA SEMEN T
BK. 1157 PG. 411
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SCALE IN FEET
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CONSTRUCTION EASEMENT
PARCEL NO. 765-15814-000
MCBRYDE FAMILY LIMITED PARTNERSHIP
J510NHWY112
WA TER AND SANITARY
SEWER EASEMENT
------------------------
CITY OF FA YETTEVILLE
I UTILITY EASEMENT
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CITY OF FA YETTEVILLE
_ I UTILI TY EASEMENT
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NOTE.• RIGHT-OF-WAY & PROPERTY LINE
INFORMATION BASED ON ARDOT JOB #040746.
NO INDEPENDENT BOUNDARY SURVEY WAS
PERFORMED AS PART OF THIS PROJECT.
lijkWKIS pWEHL EXHIBIT "A"
in E N 8 IN E E:R a IN Q HIGHWAY 112 UTILITY RELOCATIONS
TRACT 17 - MCBRYDE FAMILY LIMITED PARTNERSHIP
Van Buren Fort Smith Fayetteville Little Rock FOR: CITY OF FA YETTEVILLE, ARKANSAS
(479)474-1227 (479)242-4685 (479)455-2206 (501)374-4846
www.hawkins-weir.com I DA TE.• 121021202J I SCALE.- 1"=50' 1 JOB NO. 2021048
Project: Highway 112 Utility Relocations
Parcel No. 765-15814-000
Tract No. 17
GENERAL UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT McBryde Family Limited Partnership, an Arkansas limited
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 the public utilities holding a franchise granted by said City of Fayetteville, a
permanent easement for the purpose of construction, maintenance, repair and/or
replacement, enlargement and operations of general utilities including water and/or
sanitary sewer pipe line or lines, manholes, natural gas, electrical power, telephone,
fiber optic cable(s) and television communication line or lines, traffic signal poles
and equipment, and appurtenances thereto, on over, across, and under the
following described land situated in the County of Washington, State of Arkansas,
to -wit:
PROPERTY DESCRIPTION: (Deed Reference 98-89202)
Part of the Southeast Quarter of Section Twenty -Eight (28), Township Seventeen (17) North, Range Thirty (30)
West and being more particularly described as follows, to -wit: Beginning at a point which is 769.20 feet south of the
Northwest corner of the Northeast Quarter of the Southeast Quarter of said Section 28, and running thence East
941.07 feet to the centerline of an existing ditch, thence South along said ditch centerline 250 feet, thence West
950.27 feet, thence North 250 feet to the point of beginning.
PERMANENT EASEMENT DESCRIPTION:
A 20.00' permanent easement over part of the Northeast Quarter of the Southeast Quarter of Section 28, Township
17 North, Range 30 West, City of Fayetteville, Washington County, Arkansas being more particularly described as
follows:
Commencing at the Northwest corner of said Northeast Quarter of the Southeast Quarter; thence along the West
line of said Quarter -Quarter S02035'05"W 771.01 feet; thence S88108'51 "E 488.99 feet to the Point of Beginning;
thence continuing S88008'51 "E 20.01 feet; thence S04102'55"W 249.64 feet; thence N88004'09"W 438.62 feet to the
East line of an existing City of Fayetteville Water & Sewer Easement (Filed for Record in Book 1157 Page 411);
thence along said East easement line N01016'01"W 20.03 feet; thence S88004'09"E 420.46 feet; thence
N04002'55"E 79.97 feet; thence N88017'11"W 427.79 feet to said East easement line; thence along said East line
N01016'01 "W 20.03 feet; thence S88017'11 "E 429.65 feet; thence N04002'55"E 129.61 feet to the Point of Beginning,
containing 21,957 square feet or 0.50 acres more or less.
Togetherwith the rights, easements, and privileges in orto said lands which may be required forthe full enjoyment of
the rights herein granted.
TO HAVE AND TO HOLD unto said Grantee and the public utilities holding a franchise granted by said City of
Fayetteville, until the use of said permanent easement is relinquished, abandoned or vacated and so long as such pipe line or
lines, electrical power, telephone and/or television lines or cables, manholes and/or appurtenances thereto shall be
maintained, together with free ingress to and egress from the real estate first herein above described for the uses and
purposes herein above set forth.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee and its associated franchisees, which hereby agree to bury all pipes, lines and/or cables where feasible, to a sufficient
depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground
except in bottom lands where they shall be at a height above water.
The Grantor agrees not to erect any buildings or structures in said permanent easement. This easement cannot be used
for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any
other similar wireless communications facilities.
The Grantee and its associated franchisees shall have the right to construct additional pipelines, electric power lines,
telephone and/or television lines or cables upon the above -described easement at any time in the future and agrees to pay any
damages as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
General Utility Easement
Page 2
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 2025.
McBRYDE FAMILY LIMITED PARTNERSHIP, an Arkansas
limited partnership
By: Flogene Enterprises, Inc., its General Partner
By:
C. Bryan McBryde, President
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 C. Bryan McBryde, to me well known as the person who executed the
foregoing document, and who stated and acknowledged that he is the President of Flogene Enterprises, Inc., General
Partner of McBryde Family Limited Partnership, an Arkansas limited 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 12025.
MY COMMISSION EXPIRES:
Notary Public
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E N 8 1 N E E R S, I N r- HIGHWAY 112 UTILITY RELOCATIONS
N TRACT 17 - MCBRYDE FAMILY LIMITED PARTNERSHIP
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Van Buren Fort Smith Fayetteville Little Rock
(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 F -DATE.- 01 21 2025 SCALE.- 1"=100' JOB NO. 2021048
Tract No. 32
Jason Purdy and Marleah Purdy
CITY OF
FAYETTEVILLE
ARKANSAS
February 12, 2025
Jason and Marleah Purdy
2357 W. Cartier Street
Fayetteville, AR 72704
RE: Highway 112 Widening Project
Parcel No. 765-28418-000
2357 W. Cartier Street, Fayetteville, AR
(Notification Letter)
Dear Mr. and Mrs. Purdy:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
which currently run along the highway.
In order for this project to be completed, the City will need a temporary construction easement
on the southeast corner of your property for additional working room. 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 and temporary fencing can be
provided, if needed. The temporary construction easement will terminate when the project has
been completed by the contractor and accepted by the City of Fayetteville.
The City of Fayetteville hereby offers $420.00 for the rights associated with the temporary
construction and grading easement (225 square feet). This offer is based on an independent
appraisal of your property and a summary sheet is enclosed for your review.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
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.
Sincerely,
TA"04-1
Tim Nyander
Utilities Director
TN/bs
Before the Acquisition
I � OAR CnFr _ I and
Proposed Water- and Sewer Easement
- SnFt - I nnrd (Arnnicitinn Araal
After- the Acquisition
Temporary Construction Easements
225 SgFt - Land
EXECUTIVE SUMMARY
The subject property consists of a
3,073 SgFt home on 0.3 acres. The
city is relocating water and sewer
easements along this corridor. A
small portion of the backyard will
be used during construction for a
temporary construction easement.
See mapping for specific locations.
They have minimal impact on the
subject improvements. Any
existing site improvements
(parking, paving, driveways,
sidewalks, fencing, lawn) will be
repaired by the grantee.
Damages: It appears that the
fence will be removed. We
assume that the city will repair
the fence at their cost;
therefore, it is not included in
permanent damages in this report.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 765-28418-000
Tract No. 32
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT we, Jason Purdy and Marleah Purdy, husband and wife,
hereinafter called GRANTORS, for and in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, do hereby GRANT, SELL and CONVEY unto the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE,
and unto Grantee's successors and assigns, a temporary construction and grading
easement on, over, and through the following described land situated in the County
of Washington, State of Arkansas, for the sole purposes necessary for construction
of a water and/or sewer line, to -wit:
PROPERTY DESCRIPTION: (Deed Ref: 2023-20423)
Lot 58, Belclaire Estates Subdivision, to the City of Fayetteville, Washington County Arkansas, as shown on plat
record "23A" at page 302.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
The North 15.00 feet of the West 15.00 feet of the East 30.00 feet of the South 40.00 feet of Lot 58, Belclaire Estates
(filed for record August 15, 2007), City of Fayetteville, Washington County, Arkansas, containing 225 square feet or
0.005 acre more or less.
Togetherwith the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of
the rights herein granted.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any permanent
structure(s) which may be located or under construction within said temporary construction easement area during the construction
of this project.
TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress to
and egress from the real estate first herein above described for the uses and purposes herein above set forth.
The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 12025.
Jason Purdy Marleah Purdy
TCE
Page 2
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 Jason Purdy and Marleah Purdy, husband and wife, to me well known as
the persons 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 2025.
MY COMMISSION EXPIRES:
Notary Public
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20 10 0 20
SCALE IN FEET
PARCEL NO. 765-28418-000 '
JASON PURDY AND MARLEAH PURDY
2357 W CARTIER ST
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DOC. 11023A-00000302
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R/W
WEST HIGHWA Y 112
NOTE.• RIGHT OF —WAY & PROPERTY LINE
INFORMATION BASED ON ARDOT JOB 11040746.
NO INDEPENDENT BOUNDARY SURVEY WAS
PERFORMED AS PART OF THIS PROJECT.
HAWEIS pWEHL EXHIBIT "A"
in E N 8 IN E E:R a IN Q HIGHWAY 112 UTILITY RELOCATIONS
TRACT 32 - JASON PURDY AND MARLEAH PURDY
Van Buren Fort Smith Fayetteville Little Rock FOR: CITY OF FA YETTEVILLE, ARKANSAS
(479)474-1227 (479)242-4685 (479)455-2206 (501)374-4846
www.hawkins-weir.com DA TE.• 1210212024 SCALE.- 1"-20' JOB NO. 2021048
Tract No. 47
Jamal Abdin and Mario Abdin
IVA
CITY OF
FAYETTEVILLE
ARKANSAS
February 21, 2025
Jamal Abdin and Maria Abdin, husband and wife
3687 N. Hwy 112
Fayetteville, AR 72704
RE: Highway 112 Widening Project
Parcel No. 576-20009-000
3687 N. Hwy 112, Fayetteville, AR
(Notification Letter)
Dear Mr. and Mrs. Abdin:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
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.
The City of Fayetteville hereby offers $4,000.00 for the rights associated with the permanent
easement (6,049 square feet) and $2,500.00 for damages, for a total of $6,500.00. Damages
include the loss of a mature oak tree. This offer is based on an independent appraisal of your
property and a summary sheet is enclosed for your review.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
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.
Sincerely,
Tim Nyander
Utilities Director
TN/bs
Enclosures
EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of a home on 4.1 acres. The city is
relocating water and sewer easements along this corridor.
2/ 19/2025
ffective Date
PHYSICAL CHARACTERISTICS
Jamal & Maria Abdin Property Owner
576-20009-000
Parcel #
Fayetteville �
City
AR
Before the Acquisition
178,596
SgFt - Land
Proposed Water and Sewer Easement
6,049
SgFt - Land (Acquisition Area)
After the Acquisition
172,547
SgFt -Land (Remainder)
Remaining Rights In the Acquisition Area
6,049
SgFt -Land (ResidMMMual)
No Zoning
Zoning
CONCLUSIONS
$ 466,000
Land Value Before the Acquisition
46Z 'n J=n
4,000
Market Value of the Acquisition
$ 2,500
Damages
See mapping for specific
locations. They have minimal
impact on the subject
improvements. Any existing
site improvements (parking,
paving, driveways, sidewalks,
lawn, fencing, sprinklers) 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 home does not appear to
be affected by the permanent
easement, and the client
assures us that owners will
continue to have access and
use of the parking and home
during construction.
The WSE restricts
permanent structures above
the easement area.
Damages: Damages include
the loss of a mature oak tree.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 576-20009-000
Tract No. 47
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE, Jamal Abdin and Maria Abdin, a married couple, 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, grantee owned fiber optic equipment and
appurtenances thereto, on, over, across, and under the following described land
situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Reference 2018-9724)
Tract 9A, which is a part of Lot 9 of the Woodlands Subdivision, Washington County, Arkansas per plat of said
subdivision recorded in the office of the Circuit Clerk of Washington County, Arkansas, and being more particularly
described as follows: Beginning at the Southwest corner of Lot 9, thence North 193.00 feet, thence East 449,42
feet, thence S00°00'41 "E 193.00 feet, thence West 449.46 feet to the P.O.B., containing 2.00 acres, more or less.
AND
Tract 9B, which is a part of Lot 9 & Lot 8 of the Woodlands Subdivision, Washington County, Arkansas per plat of
said subdivision recorded in the office of the Circuit Clerk of Washington County, Arkansas, and being more
particularly described as follows: Beginning at the Northwest corner of Lot 9, thence North 32.00 feet, thence East
449.38 feet, thence S00°00'41"E 239.00 feet, thence West 449.42 feet, Thence North 207.00 feet to the P.O.B.,
containing 2.47 acres, more or less.
ALSO KNOWN AS
Lots 9A and 9B, of the replat of Lots 8, 9 and 10, The Woodlands Subdivision, Fayetteville, Washington County,
Arkansas, as shown on Survey Record 2003 page 28897.
LESS AND EXCEPT:
Lot 8, The Woodlands Subdivision, Fayetteville, Washington County, Arkansas, as shown on Survey Record 2012-
28301. And being more particularly described as follows: A part of Lot 7 and all of Lot 8 of the Woodlands
Subdivision in Washington County, Arkansas, as per plat of said subdivision recorded in the Office of the Circuit
Clerk and Ex-Officio Recorder of Washington County, Arkansas, and being described as follows: Beginning at the
SW Corner of said Lot 8, thence West 300.00 feet, thence North 456.26 feet, thence S89°40'07"E 490.86 feet,
thence along a curve to the right 406.85 feet, said curve having a radius of 260.00 feet and a chord bearing and
distance of S44°50'24"E 366.59 feet, thence S00°00'41"E 193.48 feet, thence West 449.38 feet to the P.O.B.;
Containing 7.48 acres more or less. Subject to easements and rights of way of record.
PERMANENT EASEMENT DESCRIPTION:
A 15.00' wide easement over part of Lots 9A and 9B, The Woodland Subdivision Replat (filed for record May 28,
2003), City of Fayetteville, Washington County, Arkansas, the East line of which being more particularly described
as follows:
Commencing at the Southwest corner of said Lot 9A; thence along the South line of said Lot S87125'30"E 157.27'
to the West right-of-way of Highway 112 (per ARDOT Job #040746); thence along said West right-of-way
N02030'43"E 10.00' to the North line of an existing 20.00' utility easement (filed for record in Document #0016-
00000063) and the Point of Beginning; thence continuing along said West right-of-way the following three (3)
courses: N02130'43"E 92.84'; thence N10118'40"E 120.93'; thence N03011'11"E 167.47' to the South line of an
existing 20.00' utility easement (filed for record in Document #0016-0000063) and the Point of Termination,
containing 5,719 square feet or 0.13 acres more or less.
ALSO
A 15.00' wide easement over part of Lot 9B, The Woodland Subdivision Replat (filed for record May 28, 2003), City
of Fayetteville, Washington County, Arkansas, the East line of which being more particularly described as follows:
Commencing at the Northwest corner of said Lot 913; thence along the North line of said Lot S87131'07"E 401.84'
to the Point of Beginning; thence S03111'11"W 22.00' to the North line of an existing 20.00' utility easement (filed
for record in Document #0016-0000063) and the Point of Termination, containing 330 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.
WATER/SEWER EASEMENT
Page 2
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line 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.
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 as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 12025.
Jamal Abdin Maria Abdin
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 Jamal Abdin and Maria Abdin, a married couple, to me well
known as the persons 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 2025.
MY COMMISSION EXPIRES:
Notary Public
15' WA TER AND SANITARY
SEWER EASEMENT_
20' UTILITY EASEMENT PER M--------_
_ f PLA T #0016- 00000063 --
----
N
60 30 0 60
SCALE IN FEET
15' WA TER AND SANI TAR Y
SEWER EASEMENT
PARCEL NO. 576-20009-000 j /
JAMAL & MARIA ABDIN
3687 N HWY 112 I
I LOT 83
LOT 9B
THE WOODLAND SUBDIVISION I
� I I
► I
► ' N
� � Z
► , z LOT 69
LOT 9A
THE WOODLAND SUBDIVISION ' ► Z E ESTPS
�I.PIR
I BED
I
I
-_- -__--- LOT 68
I
20' U-�
TILITY EASEMENT
�ZPER PLAT #0016 _ 00000063
NOTE.• RICH T=OF- WAY & PROPERTY LINE
LOT 10B INFORMATION BASED ON ARDOT JOB #040746.
' THE WOODLAND SUBDIVISION NO INDEPENDENT BOUNDARY SURVEY WAS
PERFORMED AS PART OF THIS PROJECT.
HAW S pWEHL EXHIBIT "A"
in E N 8 IN E E:R a IN Q HIGHWAY 112 UTILITY RELOCATIONS
TRACT 47 - JAMAL & MARIA ABDIN
Van Buren Fort Smith Fayetteville Little Rock FOR: CITY OF FA YETTEVILLE, ARKANSAS
(479)474-1227 (479)242-4685 (479)455-2206 (501)374-4846
www.hawkins-weir.com I DATE.• 1Z/0 024 I SCALE.- 1"=60' 1 JOB NO. 2021048
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2025-303
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 Highway 112 Utility Relocations Project and
approval of a budget adjustment.
5400.720.5600-5810.00
Account Number
11011.2101
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Water & Sewer
Fund
Water & Sewer Relocations - 1-49 & MLK
Interchange
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$
9,781,598.00
$
9,588,467.37
193,130.63
i
$
438,120.00
$
250,000.00
010.63
Previous Ordinance or Resolution #
Approval Date:
V20221130
Tract No.
First Owner Name
Appraised Value
of PUE*
Appraised
Value of
TCE**
Damages
Total Value of
Easements
1
Thomas E. Simmons and Candace Simmons
$5,000.00
$3,200.00
$8,200.00
3
Arkansas State Highway Commission
$0.00
6
BFT Rental, LLC, an Arkansas limited liability company
$123,000.00
$123,000.00
10
Fellowship Bible Church of Northwest Arkansas
$28,000.00
$2,800.00
$30,800.00
11
One Twelve Village, LLC, an Arkansas limited liability company
$50,000.00
$50,000.00
12
Transport Realty, Inc., an Arkansas corporation
$19,000.00
$0.00
$19,000.00
13
Sam's Real Estate Business Trust, a Delaware Statutory Trust
$0.00
$4,800.00
$4,800.00
15a
CL Partners, LLC, an undivided 57.5% interest, and D Briggs 112 Exchange,
LLC an undivided 42.5% interest
$169,000.00
$0.00
$169,000.00
17
McBryde Family Limited Partnership, an Arkansas limited partnership (GUE
p)
$18,000.00
$1,500.00
$900.00
$20,400.00
18
Arkansas State Highway Commission
$0.00
19
Kubald Ventures, LLC
$6,000.00
$6,000.00
32
Jason and Marleah Purdy
$420.00
$420.00
47
lamal Abdin and Maria Abdin, husband and wife
$4,000.00
$2,500.00
$6,500.00
$422,000.00
$6,720.00
$9,400.00
$438,120.00
*PUE = Permanent Utility Easement
**TCE = Temporary Construction Easement
Tract No.
Thomas E. Simmons &Candace Simmons
IVA
CITY OF
FAYETTEVILLE
ARKANSAS
February 21, 2025
Thomas and Candace Simmons
2607 W. Howard Nickell Road
Fayetteville, AR 72704
RE: Highway 112 Widening Project
Parcel No. 516-02443-000
2607 W. Howard Nickell Road, Fayetteville, AR
(Notification Letter)
Dear Mr. and Mrs. Simmons:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
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.
The City of Fayetteville hereby offers $5,000.00 for the rights associated with the permanent
easement (3,404 square feet) and $3,200.00 for damages, for a total of $8,200.00. Damages
include the loss of a mature oak tree. This offer is based on an independent appraisal of your
property and a summary sheet is enclosed for your review.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
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.
Sincerely,
Tim Nyander
Utilities Director
TN/bs
Enclosures
EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of a home on 1.66 acres. The city is
relocating water and sewer easements along this corridor.
I homas t. & Candace
Simmons
ly%SIMMINK1111i]
Before the Acquisition
7? 3 10 SnFt - Land
Proposed Water and Sewer Easement
3 404 SnFt - Land (Acnuisition Areal
After the Acquisition
AA 90A rnFr - I nnri lRon-wainricrl
Remaining Rights In the Acquisition Area
3.404 SgFt - Land (Residual)
$ 189,000 Land1 Value Before the Acquisition
it ran MO 17nrl VAig. b4tpr rk,- Arm ikirinn
$ 5.000 Market Value of the Acnuisition I
3,200 Damages
See mapping for specific
locations. They have minimal
impact on the subject
improvements. Any existing
site improvements (parking,
paving, driveways, sidewalks,
lawn, fencing, sprinklers) 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
home does not appear to be
affected by the permanent
easement, and the client
assures us that owners will
continue to have access and
use of the parking and home
during construction.
The WSE restricts permanent
structures above the
easement area.
Damages: Damages include
the loss of a mature oak tree.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 516-02443-000
Tract No. 1
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE, Thomas E. Simmons and Candace Simmons, 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, grantee owned fiber optic equipment
and appurtenances thereto, on, over, across, and under the following described
land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Reference 2019-13961)
Lot Number One (1) of the Twin Oaks Subdivision as recorded in Book 5 at Page 33 of the Circuit Clerk and Ex-
Officio Recorder of Washington County, Arkansas.
PERMANENT EASEMENT DESCRIPTION:
Part of Lot 1, Twin Oaks Addition (filed for record October 14, 1971), City of Fayetteville, Washington County,
Arkansas being more particularly described as follows:
Beginning at the Northwest corner of said Lot 1, said corner being on the South right-of-way line of West Howard
Nickell Road; thence along said South right-of-way line S86°46'40"E 12.19 feet to the West line of the West
Howard Nickell Road ARDOT right-of-way (per ARDOT Job #040746); thence along said West right-of-way
S03o24'30"W 3.45 feet to the South line of said ARDOT right-of-way; thence along said South right-of-way
S78°34'28"E 143.40 feet; thence continuing along said South right-of-way S73°55'34"E 36.99 feet to the West
right-of-way line of North Pin Oak Street; thence along said West right-of-way S02°54'08"W 17.97 feet; thence
parallel to and 17.50 feet South of said ARDOT right-of-way the following two courses: N73°55'34"W 40.38 feet;
thence N78°34'28"W 152.37 feet to the West line of said Lot 1; thence along said West line NO2°54'08"E 19.39
feet to the Point of Beginning, containing 3,404 square feet or 0.08 acre 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 pipe line 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.
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 as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 2025.
Thomas E. Simmons Candace Simmons
WATER/SEWER EASEMENT
Page 2
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 Thomas E. Simmons and Candace Simmons, husband and
wife, to me well known as the persons 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 , 2025.
MY COMMISSION EXPIRES:
Notary Public
i----------------------------
40 20 0 40
SCALE IN FEET
WEST HOWARD NICKELL ROAD
W47ER AND SANITARY
SEWER EASEMENT
PARCEL NO. 516-02443-000
THOMAS E. & CANDACE SIMMONS
2607 W HOWARD NICKELL RD
LOT 1
TWIN OAKS ADDITION
NOTE.• RIGHT OF —WAY & PROPERTY LINE
INFORMATION BASED ON ARDOT JOB #040746.
NO INDEPENDENT BOUNDARY SURVEY WAS
PERFORMED AS PART OF THIS PROJECT.
H iWKINS aWML
in E N£ I N E EiR$ I N CL
Van Buren Fort Smith Fayetteville Little Rock
(479)474-1227 (479)242-4685 1 (479)455-2206 1 (501)374-4846
www.hawkins-weir.com
I•
EXHIBIT "A"
HIGH WA Y 112 UTILI TY RELOCA TIONS
TRACT 1 - THOMAS E. & CANDACE SIMMONS
FOR: CITY OF FA YETTEVILLE, ARKANSAS
DATE: 1211612024 SCALE.- 1"--40' 1 JOB NO. 2021048
Tract No. 6, 7, & 9
BFT Rental. LLC
IVA
CITY OF
FAYETTEVILLE
ARKANSAS
February 21, 2025
Mr. Dale L. Benedict
BFT Rental, LLC
PO Box 1927
Fayetteville, AR 72702
RE: Highway 112 Widening Project
Parcel No. 765-15832-000, 765-15830-001 & 765-15830-003
N. Deane Solomon Road, Fayetteville, AR
(Notification Letter)
Dear Mr. Benedict:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
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 will
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 $123,000.00 for the rights associated with the permanent
easement (36,002 square feet). This offer is based on an independent appraisal of your
property and a summary sheet is enclosed for your review.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
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.
Sincerely,
te
Tim Nyander
Utilities Director
TN/bs
EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of 65.33 acres of land with multiple
zonings and multiple structures. The city is relocating water and sewer easements along this
corridor.
Betore the Acquisition
2,845,644
SgFt - Land
Proposed Water and Sewer Easement
36,002
SgFt - Land (Acquisition Area)
After the Acquisition
2,809,642
SgFt - Land (Remainder) --71
Remaining Rights In the Acquisition Area
2
SgFt - Land (Residual)
MultipleZoning
CONCLUSIONS
$ 63,000
Market Value of the Acquisition A
$ 60,000
Market Value of the Acquisition B & C
$ 123,000
Total WSE Acquisitions
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
buildings does not appear to be
affected by the permanent
easements, and the client assures
us that owners and customers will
continue to have access and use of
the parking and buildings during
construction.
The WSE restricts permanent
structures above the easement
area.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 765-15832-000, 765-15830-003
& 765-15830-001
Tract No. 6, 7 & 9
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT BFT Rental 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, grantee owned fiber optic equipment and
appurtenances thereto, on, over, across, and under the following described land
situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Reference 2016-14655)
A part of the W '/2 of the SW '/4 of Section 28, T-17-N, R-30-W, Washington County, Arkansas being more
particularly described as follows: Beginning at the intersection of the South right-of-way of Arkansas State
Highway No. 112 and the East right-of-way of a gravel dirt road, said point lying S 85°39'30" E, 460.60 feet from
the NW Corner of said 80.00 acres tract and running thence S 89°51'00" E, 858.70 feet with the South right-of-way
line of Highway No. 112 to the East line of said 80.00 acres tract; thence S 00°07'00" E with said East line 1,300.60
feet to a point N 00°07'00" W, 1,303.60 feet from the SE Corner of said 80.00 acre tract; thence West 600.60 feet
to the East right-of-way line of the previously mentioned gravel road; thence N 08°06'00" E with said East line
321.00 feet; thence N 10'39'00" W with said East line 284.30 feet; thence N 28°25'00" W with said East line 166.10
feet; thence N 17°19'00" W with said East line 586.00 feet to the point of beginning, containing 20.00 acres, more
or less.
Now, more accurately described by a plat of survey by Milholland Company dated May 10, 2004 and designated
as drawing no. E-688 as follows: A part of the West Half (W1/2) of the Southwest Quarter (SW1/4) of Section
Twenty -Eight (28), Township Seventeen (17) North, Range Thirty (30) West, described as follows: Commencing
at the Northwest corner of the SW1/4 of said Section 28-17-30, thence S87°14'29"E 1320.14 feet to a point on the
East line of the West Half (W1/2) , Southwest Quarter (SW1/4) of said Section, thence S02°31'02"W, 34.99 feet
along said East line to the Southern right-of-way of Arkansas Highway No. 112 and the point of beginning, thence
continuing along said East line S02°31'02"W, 1298.63 feet; thence N87°16'08"W 600.60 feet to the East right-of-
way of Washington County Road No. 890, thence along said right-of-way N10°49'52"E 321.00 feet, thence with
said right-of-way N07°55"08"W, 284.30 feet, thence with said right-of-way N25°41'08"W, 166.10 feet, thence with
said right-of-way N14°35'08"W 576.59 feet to the southern right-of-way of Arkansas Highway No. 12, thence along
said right-of-way S87°35'48"E 853.78 feet to the point of beginning, all located in Fayetteville, Washington County,
Arkansas and containing 19.860 acres, more or less.
A part of the NE1/4 of the SW1/4 of Section 28, Township 17 North, Range 30 West, being more particularly
described as follows: Commencing at the Northwest corner of said 40 acre tract, said point being in Arkansas
Highway #112; thence S01°21'02"W along the West line of said 40 acre tract 60.40 feet to an existing iron on the
South Right -of -Way line of said highway for the true point of beginning; thence S88°44'20"E along said right of way
636.06 feet to an existing iron; thence leaving said right of way S00°40'42"E 565.86 feet to an existing iron; thence
S01 °01'05"W 179.25 feet to an existing iron at a fence corner; thence S01 °01'50"W 161.92 feet to a set '/2" iron
rebar on the proposed North Right -of -Way line of an undeveloped street as shown on the master street plat for
Fayetteville, Arkansas; thence N88°33'19"W along said proposed right of way line 658.07 feet to a set '/2" iron
rebar on the West line of said 40 acre tract; thence N01°21'02"E 904.60 feet to the point of beginning, containing
13.52 acres, more or less.
AND (Deed Reference 2016-17689)
Part of the NE1/4 of the SW1/4 and part of the NW1/4 of the SE1/4 of Section 28, Township 17 North, Range 30
West of the 5th Principal Meridian, all in Washington County, Arkansas, more particularly described as follows, to -
wit: Commencing at the Northwest corner of the NE'/4 of the SW'/4 of said Section 28, Township 17 North, Range
30 West, thence along the centerline of Highway 112, South 89035'26" East 941.81 feet to the POINT OF
BEGINNING, thence along the centerline of Highway 112 South 89035'36" East 1704.36 feet, thence along the
centerline of Highway 112 South 801.84 feet, thence North 89°28'28" West 1984.09 feet, thence North 179.25 feet,
thence along an existing fence North 02004'03" West 154.99 feet; thence along an existing fence which is the
South property line of the Sandlin property North 89042'25" East 299.39 feet, thence along an existing fence which
is the East property line of the Sandlin property North 01°45'19" West 460.28 feet to the POINT OF BEGINNING,
containing 33.397 acres, more or less.
WATER/SEWER EASEMENT
Page 2
PERMANENT EASEMENT DESCRIPTION "A":
Part of the North Half of the Southwest Quarter of Section 28, Township 17 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas being more particularly described as follows:
Commencing at the Northeast corner of the Northwest Quarter of the Southwest Quarter; thence along the East
line of said Quarter -Quarter S02037'26"W 157.13' to the South line of the Highway 112 ARDOT right-of-way (per
ARDOT Job #040746) and the Point of Beginning; thence along said South right-of-way S88026'10"E 52.86';
thence S02121'17"W 20.00'; thence N88126'10"W 92.85'; thence N68018'00"W 106.91'; thence N88119'27"W
499.66'; thence S01128'45"W 8.78'; thence S51121'40"E 138.33'; thence S38138'20"W 20.00'; thence N51121'40"W
148.27'; thence N01128'45"E 18.79'; thence N88019'27"W 99.62' thence S70037'29"W 57.32' to the East right-of-
way of North Deane Solomon Road; thence along said East right-of-way N14034'18"W 48.22' to said South
ARDOT right-of-way; thence along said South right-of-way the following five courses: N83137'27"E 78.76'; thence
S79034'36"E 110.03'; thence S88019'27"E 503.06'; thence S68018'00"E 106.89'; thence S88026'10"E 36.71' to the
Point of Beginning, containing 23,165 square feet or 0.53 acre more or less.
PERMANENT EASEMENT DESCRIPTION "B":
Part of the Northeast Quarter of the Southwest Quarter of Section 28, Township 17 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 Southwest Quarter; thence along the North
line of said Quarter -Quarter N87014'29"W 116.30'; thence S02035'30"W 150.10' to the South line of the ARDOT
Highway 112 right-of-way (per ARDOT Job #040746) and the Point of Beginning; thence continuing S02135'30"W
77.10'; thence S08157'44"E 97.29'; thence S81102'16"W 15.00'; thence N08157'44"W 148.74'; thence N02135'30"E
30.00' to the South line of said ARDOT right-of-way; thence along said South right-of-way S86042'52"E 25.00' to
the Point of Beginning, containing 3,184 square feet or 0.07 acres more or less.
PERMANENT EASEMENT DESCRIPTION "C":
Part of the Northwest Quarter of the Southeast Quarter of Section 28, Township 17 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas being more particularly described as follows:
Commencing at the Northeast corner of said Northwest Quarter of the Southeast Quarter; thence along the East
line of said Quarter -Quarter S02135'18"W 806.01'; thence N87011'34"W 99.62' to the West line of the ARDOT
Highway 112 right-of-way (per ARDOT Job #040746) and the Point of Beginning; thence N87111'34"W 82.49';
thence N02050'45"E 62.00'; thence S87111'34"E 41.01' to a point 30.00 West of said West right-of-way; thence
continuing 30.00' West of and parallel to said right-of-way N22101'58"W 150.02'; thence N67158'02"E 30.00' to said
West right-of-way; thence along said West right-of-way the following two courses: S22001'58"E 173.78'; thence
S01044'58"E 53.20' to the Point of Beginning, containing 9,653 square feet or 0.22 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 pipe line 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.
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 as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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
WITNESS the execution hereof on this
STATE OF ARKANSAS
COUNTY OF WASHINGTON
day of 12025.
BFT RENTAL, LLC, an Arkansas limited liability company
By:
Dale L. Benedict, 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 Dale L. Benedict, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he is the Manager of BFT Rental, 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 12025.
MY COMMISSION EXPIRES:
Notary Public
_ • n
R/W
NE SDLOMpN
NORTH DEA R/W
DOPE
or � Y
30 OZARK ELECTRIC
DOC. #2
WA TER AND SANITARY
SEWER EASEMENT "A N
PARCEL N0. 765-15832-000 &
765-15830-000 Ni
BFT RENTAL LLC ►I
N DEANE SOLOMAN RD
JO' OZARK ELECTRIC COOPERA TI VE `
RIGHT OF WAY ���\
- / DOC. #2014-00025143
--------------------
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E N G I N E E:Ra I N Q
Van Buren Fort Smith Fayetteville Little Rock
(479)474-1227 (479)242-4685 (479)455-2206 1 (501)374-4846
100 50 0 100
SCALE IN FEET
I
LOT 57
I BELCLAIRE ESTATES
N
3
i N. PROMENADE LNK.
LOT 16
r""*"*"*"- ,x --
LOT 15
I LOT 14
NOTE.• RIGHT—OF—WAY & PROPERTY LINE
INFORMATION BASED ON ARDOT JOB #040746.
NO INDEPENDENT BOUNDARY SURVEY WAS
PERFORMED AS PART OF THIS PROJECT
EXHIBI T "A"
HIGHWAY 112 UTILITY RELOCATIONS
TRACTS 6, 7 & 9 — BFT RENTAL LLC
FOR: CITY OF FA YETTEVILLE, ARKANSAS
www.hawkins-weir.com I DATE.' 1
SCALE.- 1 "=100' I JOB NO. 2021048
200 100 0 200
SCALE IN FEET
WA TER AND SANITARY i
SEWER EASEMENT "B"
N
3
Z
PARCEL NO. 765-158JO-001
BFT RENTAL LLC
N DEANE SOLOMAN RD
i
I
"'1 TER AND SANI TARY
WER EASEMENT "C"
NORTH
F/*
HIGHWAY 112
R/w
in1ijkWKRS 6WEHL
E N G IN E E:Ra IN Q
Van Buren Fort Smith Fayetteville Little Rock
(479)474-1227 (479)242-4685 (479)455-2206 1 (501)374-4846
NOTE.• RIGHT-OF-WAY & PROPERTY LINE
INFORMATION BASED ON ARDOT JOB 11040746.
NO INDEPENDENT BOUNDARY SURVEY WAS
PERFORMED AS PART OF THIS PROJECT
EXHIBI T "B"
HIGHWAY 112 UTILITY RELOCATIONS
TRACTS 6, 7 & 9 - BFT RENTAL LLC
FOR: CITY OF FA YETTEVILLE, ARKANSAS
www.hawkins-weir.com
DATE: 1 Z/0 024 I SCALE.- 1 "=200' 1 JOB NO. 2021048
Tract No. 10
Fellowship Bible Church
of Northwest Arkansas
IVA
CITY OF
FAYETTEVILLE
ARKANSAS
February 6, 2025
Mr. John Marquette
Fellowship Bible Church of Northwest Arkansas
1051 W. Pleasant Grove Road
Rogers, AR 72758
RE: Highway 112 Widening Project
Parcel No. 765-15830-004
3447 N. Hwy 112, Fayetteville, AR
(Notification Letter)
Dear Mr. Marquette:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
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 will
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 $28,000.00 for the rights associated with the permanent
easement (13,131 square feet) and $2,800.00 for damages, for a total of $30,800.00. Damages
include the loss of professionally landscaped trees and shrubs. This offer is based on an
independent appraisal of your property and a summary sheet is enclosed for your review.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
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.
Sincerely,
3iNyander
Utilities Director
TN/bs
EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of a church on 22.42 acres of commercial
land. The city is relocating water and sewer easements along this corridor.
Fellowship Bible Church
of Northwest Arkansas
765-15830-004
Before the Acquisition
976.615 So Ft - Land
After the Acquisition 41
963,484 SgFt - Land (Remainder)
8,467,000 Land Value Before the
2,800 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.
The WSE restricts permanent
structures above the easement
area.
Damages: Damages include the
loss of professionally landscaped
trees and shrubs.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 765-15830-004
Tract No. 10
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Fellowship Bible Church of Northwest Arkansas, an Arkansas
non-profit 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, grantee owned
fiber optic equipment and appurtenances thereto, on, over, across, and under the
following described land situated in the County of Washington, State of Arkansas,
to -wit:
PROPERTY DESCRIPTION: (Deed Reference 2018-4064)
A part of the Northwest Quarter of the Southeast Quarter and a part of the Northeast Quarter of the Southwest
Quarter all in Section twenty-eight (28), Township Seventeen (17) North, Range Thirty (30) West of the Fifth
Principal Meridian, Washington County, Arkansas, being more particularly described as follows:
Commence at the Northwest corner of the Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) of said
Section 28 being a found magnail in asphalt roadway; thence S87°34'31"E a distance of 631.02 feet to a point;
thence S00°23'08"W a distance of 628.16 feet to a found steel fence post; thence S02°10'40"W a distance of
178.19 feet to a found '/2 inch iron pin and the Point of Beginning; thence S87°11'04"E a distance of 1926.85 feet to
a found '/2 inch iron pin and the western right of way for U.S. Highway 112 being fifty-five (55) feet west of
centerline; thence along said western right of way, S02°43'18"W a distance of 474.95 feet to a set iron pin with cap
"PLS 1439"; thence leaving said western right of way, N87°19'58"W a distance of 2582.01 feet to a set iron pin with
cap "PLS 1439" and the west boundary of the East Half (E1/2) of the SW'/, NO2°34'52"E a distance of 318.11 feet
to a set iron pin with cap "PLS 1439"; thence leaving said west boundary, S87°13'55"E a distance of 656.51 feet to
a set iron pin with cap "PLS 1439"; thence NO2°31'13"E a distance of 162.98 feet to the point of beginning.
Said tract or parcel of land containing 25.90 acres (1,138,075 square feet), more or less.
Subject to easements, right-of-ways, and protective covenants of record, if any, subject to all prior mineral
reservations and oil and gas leases, if any.
PERMANENT EASEMENT DESCRIPTION:
A 30.00' wide easement over part of the Northwest Quarter of the Southeast Quarter of Section 28, Township 17
North, Range 30 West, City of Fayetteville, Washington County, Arkansas, the centerline of which being more
particularly described as follows:
Commencing at the Southwest corner of said Northwest Quarter of the Southeast Quarter; thence along the South
line of said Quarter -Quarter S87115'04"E 1,186.30' to the Point of Beginning; thence N02101'19"E 71.96'; thence
N11020'46"E 22.14'; thence N22055'37"E 119.27'; thence N01016'12"E 155.97'; thence N07156'41"W 115.29' to the
Point of Termination, containing 14,539 square feet or 0.33 acres more or less.
Less and Except those portions contained in existing utility easements, being 1,408 square feet or 0.03 acres more
or less. Containing a net total of 13,131 square feet or 0.30 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 pipe line 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.
WATER/SEWER EASEMEN
Page 2
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 as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 12025.
FELLOWSHIP BIBLE CHURCH OF NORTHWEST ARKANSAS,
an Arkansas non-profit corporation
By:
John Marquette, Secretary
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 John Marquette, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he is the Secretary of Fellowship Bible
Church of Northwest Arkansas, an Arkansas non-profit 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 12025.
MY COMMISSION EXPIRES:
Notary Public
v_--
----------
I
1----------------------------- ----
UTILITY EASEMENT I I
PER PLAT 0024- 00000061 I I
I
I 1
1
I
I
I
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I �
PARCEL NO. 765-158JO-004 I
FELLOWSHIP BIBLE CHURCH
OF NORTHWEST ARKANSAS I 30'
J447 N HWY 112 I
I
I I
I
I
I I
I
WA TER AND SANITARY \
SEWER EASEMENT �y
I I
I
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20' UTILITY EASEMENT I I
PER PLAT 0024- 00000061 /
---
---------------- /
20' UTILITY EASEMENT / --j ------
PER PLAT 0024- 00000061
Ir
— L_
TREE PRESERVA TION EASEMENT 1
PER PLAT 0024-00000061 j I
a,
__j
I—�
I I
NOTE.• RIGHT-OF-WAY & PROPERTY LINE
INFORMATION BASED ON ARDOT JOB 11040746.
NO INDEPENDENT BOUNDARY SURVEY WAS
PERFORMED AS PART OF THIS PROJECT. /
HAWKIS 6WEHL
E N G I NEE:Ra I NQ
Van Buren Fort Smith Fayetteville Little Rock
(479)474-1227 (479)242-4685 (479)455-2206 1 (501)374-4846
60 30 0 60
SCALE IN FEET
i
gyp.
EXHIBI T "A"
HIGHWAY 112 UTILITY RELOCATIONS
TRACT 10 - FELLOWSHIP BIBLE CHURCH OF NORTHWEST ARKANSAS
FOR: CITY OF FA YETTEVILLE, ARKANSAS
www.hawkins-weir.com I DATE: 1
SCALE.- 1 "=60' 1 JOB NO. 2021048
Tract No. 11
One Twelve Village, LLC
CITY OF
FAYETTEVILLE
ARKANSAS
January 30, 2025
Mr. David R. Evans
One Twelve Village, LLC, an Arkansas limited liability company
3768 E. Leawood Way
Fayetteville, AR 72703
RE: Highway 112 Widening Project
Parcel No. 765-15830-000
N Hwy 112, Fayetteville, AR
(Notification Letter)
Dear Mr. Evans:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
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 will
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 $50,000.00 for the rights associated with the permanent
easement (36,251 square feet). This offer is based on an independent appraisal of your
property and a summary sheet is enclosed for your review.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
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.
rely,
m Nyander
Utilities Director
TN/bs
EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of 39.43 acres of residential land. The
city is relocating water and sewer easements along this corridor.
Onp TWPIVP Vllla4e LLC
Before the Acquisition
1,717,571 SgFt - Land
9,488.000 Land Value Before the Acquisition
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 does not
appear to be affected by the
permanent easement, and the
client assures us that owners and
customers will continue to have
access during construction.
The WSE restricts permanent
structures above the easement
area.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 765-15830-000
Tract No. 11
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT One Twelve Village, 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, grantee owned fiber optic equipment
and appurtenances thereto, on, over, across, and under the following described
land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Reference 2017-7010)
A PART OF THE WEST HALF (W 1/2) OF THE SOUTHEAST QUARTER (SE1/4), ALL IN SECTION TWENTY-
EIGHT (28), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL
MERIDIAN, WASHINGTON COUNTY ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF THE NE 1/4 OF THE SW 1/4 OF SAID
SECTION 28 BEING A FOUND COTTON PICKER SPINDLE IN ASPHALT ROADWAY; THENCE ALONG THE
WEST LINE OF SAID NE 1/4 OF THE SW 1/4, S02°34'52"W A DISTANCE OF 1283.11 FEET TO A FOUND
IRON PIN WITH CAP "PLS 1439"; THENCE LEAVING SAID WEST LINE, 87°19'58"E A DISTANCE OF 1315.10
FEET TO THE POINT OF BEGINNING, SAID POINT BEING A SET IRON PIN WITH CAP "PLS 1156"; THENCE
S87°19'58"E A DISTANCE OF 1266.91 FEET TO THE WESTERLY RIGHT OF WAY LINE OF HIGHWAY 112
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING EIGHT (8) CALLS, S02°43'18"W A
DISTANCE OF 978.38 FEET TO A POINT; THENCE S02°02'26"W A DISTANCE OF 63.14 FEET TO A POINT;
THENCE S00°11'50"W A DISTANCE OF 51.97 FEET TO A POINT; THENCE S03°04'07"E A DISTANCE OF
40.08 FEET TO A POINT; THENCE S07°04'04"E A DISTANCE OF 55.68 FEET TO A POINT; THENCE
S11°50'44"E A DISTANCE OF 58.74 FEET TO A POINT; THENCE S15°34'53"E A DISTANCE OF 71.32 FEET
TO A POINT; THENCE S18°13'53"E A DISTANCE OF 15.95 FEET TO A POINT; THENCE LEAVING SAID
RIGHT OF WAY, S02°32'54"W A DISTANCE OF 26.08 FEET TO A FOUND 3 INCH ALUMINUM CAP AT THE
SOUTHEAST CORNER OF THE SW 1/4 OF THE SE 1/4 OF SAID SECTION 28; THENCE ALONG THE SOUTH
LINE OF SAID SW 1/4 OF THE SE 1/4, N87°08'52"W A DISTANCE OF 1322.12 FEET TO A FOUND IRON PIN
WITH CAP "PLS 1439", BEING THE SOUTH QUARTER CORNER OF SAID SECTION 28; THENCE LEAVING
SAID SOUTH LINE, NO2°32'22"E A DISTANCE OF 1349.51 FEET TO THE POINT OF BEGINNING. SAID
TRACT OR PARCEL OF LAND CONTAINING 39.43 ACRES (1,717,256 SQUARE FEET), MORE OR LESS,
AND BEING DEPICTED AS NEW TRACT 1 ON THAT CERTAIN PROPERTY LINE ADJUSTMENT SURVEY
FILED FOR RECORD FEBRUARY 1, 2017, AS LAND DOCUMENT 2017-00003176, OF THE RECORDS OF
WASHINGTON COUNTY, ARKANSAS.
PERMANENT EASEMENT DESCRIPTION:
A 30.00' wide easement over part of the Southwest Quarter of the Southeast Quarter of Section 28, Township 17
North, Range 30 West, City of Fayetteville, Washington County, Arkansas, the centerline of which being more
particularly described as follows:
Commencing at the Southeast corner of said Southwest Quarter of the Southeast Quarter; thence along the South
line of said Quarter -Quarter N87015'19"W 168.81 feet; thence N02144'10"E 30.00 feet to the North line of an
existing City of Fayetteville water and sewer easement (Filed for Record in Book 93 Page 44456) and the Point of
Beginning; thence N02044'10"E 502.63 feet to a point 15.00 feet West of the West right-of-way of Highway 112
(Per ARDOT Job 040746); thence continuing 15.00 feet West of and parallel to said West right-of-way the
following five (5) courses: N04153'33"W 38.08 feet; thence N12009'52"E 66.30 feet; thence N36123'32"E 107.52
feet; thence N07030'57"E 90.96 feet; thence NO3°33'26"E 283.44 feet; thence N20°35'09"W 54.50 feet; thence
N02003'04"E 65.43 feet to the South right-of-way of a future City of Fayetteville road (Acquired by ARDOT Per
ARDOT Job 040746) and the Point of Termination, containing 36,251 square feet or 0.83 acre 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 pipe line 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.
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 as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this
STATE OF ARKANSAS
COUNTY OF WASHINGTON
day of 12025.
ONE TWELVE VILLAGE, LLC, an Arkansas limited liability
company
By:
David R. Evans, Member
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 David R. Evans, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he is a Member of One Twelve Village, 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 2025.
MY COMMISSION EXPIRES:
Notary Public
FUTURE CITY OF
FA YETTEVILLE ROAD
R/W ACQUIRED BY
ARDOT PER JOB 040746
R/W
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WA TER AND SANITARY
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SEWER EASEMENT
PARCEL NO. 765-158JO-000
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ONE TWELVE VILLAGE LLC
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N HWY 112
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30' CITY OF FA YETTEVILLE
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WA TER & SEWER EASEMENT
BKK, 93 PG. 44456
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Van Buren Fort Smith Fayetteville Little Rock
(479)474-1227 (479)242-4685 (479)455-2206 1 (501)374-4846
www.hawkins-weir.com
200 100 0 200
SCALE IN FEET
I
NOTE.• RIGHT-OF-WAY & PROPERTY LINE
INFORMATION BASED ON ARDOT JOB 11040746.
NO INDEPENDENT BOUNDARY SURVEY WAS
PERFORMED AS PART OF THIS PROJECT.
EXHIBI T "A"
HIGHWAY 112 UTILITY RELOCATIONS
TRACT 11 - ONE TWELVE VILLAGE LLC
FOR: CITY OF FA YETTEVILLE, ARKANSAS
DA TE.• 0112112025 SCALE.- 1 "--200' 1 JOB NO. 2021048
Tract No. 12
Transport Realty, Inc.
CITY OF
FAYETTEVILLE
ARKANSAS
January 30, 2025
Mr. Walter J. Echols
Transport Realty, Inc., an Arkansas corporation
PO Box 10048
Fort Smith, AR 72917
RE: Highway 112 Widening Project
Parcel No. 765-15856-000
1550 W. Truckers Drive, Fayetteville, AR
(Notification Letter)
Dear Mr. Echols:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
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 will
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 $19,000.00 for the rights associated with the permanent
easement (10,540 square feet). This offer is based on an independent appraisal of your
property and a summary sheet is enclosed for your review.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
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.
Sincerely,
Timqyy�ander
Utilities Director
TN/bs
EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of a 9,334 SgFt freight business on 7.75
acres of commercial land. The city is relocating water and sewer easements along this corridor.
Before the Acquisition
337 990 SnFr _ I and
r ILC1 LIIC 11 kJUIJILIVII
177 n;n SnFr _ I and (RamainA-r)
C-2; Thoroughfare Commercial
2,431,000 Land Value Before the Acquisition
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. The WSE
restricts permanent construction
above the easement area.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 765-15856-000
Tract No. 12
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Transport Realty, Inc., an Arkansas corporation (formerly
known as ABC-Treadco, Inc., formerly known as Arkansas Bandag
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, grantee owned fiber optic equipment
and appurtenances thereto, on, over, across, and under the following described
land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Reference 99-84977)
Part of the N1/2 of the NE1/4 of Section 33, T-17-N, R-30-W, and being more particularly described as follows:
Beginning at a point one hundred sixty-five feet east of the Northwest corner of the Northeast quarter of the
Northeast quarter of said section, township, and range, and running thence West eight hundred nineteen and
seventy six hundredths feet; thence South four hundred seventeen and seventy four hundredths feet to the North
line of a fifty foot roadway; thence east with the North line of said roadway eight hundred nineteen and seventy six
hundredths feet to center line of State Highway No. 112; thence North four hundred seventeen and seventy four
hundredths feet to the point of beginning, containing seven and eighty three hundredths acres, more or less. LESS
AND EXCEPT that part embraced in State Highway No. 112 and that portion which is east of the center line of said
Highway, in the Northeast corner, LESS AND EXCEPT all public roads and rights -of -way.
PERMANENT EASEMENT DESCRIPTION:
Part of the North Half of the Northeast Quarter of Section 33, Township 17 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas being more particularly described as follows:
Commencing at the Northwest corner of said Northeast Quarter; thence along the North line of said Northeast
Quarter S87115'19"E 1,245.30' to the Point of Beginning; thence continuing along said North line S87115'19"E
30.82' to the West right-of-way of Highway 112 (per ARDOT Job #040746); thence along said West right-of-way
the following three (3) courses: S20138'38"E 78.06'; thence S88035'04"E 34.18'; thence S30108'39"E 34.90' to the
West line of an existing City of Fayetteville utility easement (filed in Book 1023 Page 498); thence along said West
easement line the following three courses S18039'08"E 85.09'; thence S13128'15"E 89.40'; thence S02054'25"E
64.42' to said West right-of-way of Highway 112; thence along said West right-of-way S35052'33"W 46.23'; thence
continuing along said West right-of-way S10048'29"W 8.84' to the Northwest line of an existing City of Fayetteville
water and sewer easement (filed as Document #2016-00015682); thence along said Northwest easement line
S47033'15"W 4.91; thence continuing along said Northwest easement line S02033'15"W 10.76' to the North line of
an existing City of Fayetteville utility easement (filed in Book 1023 Page 498); thence along said North easement
line N87143'41"W 25.69'; thence N01148'31"E 22.74'; thence N35046'15"E 75.89'; thence N15042'54"W 203.46';
thence N60032'55"W 61.91'; thence N24018'02"W 94.39' to the Point of Beginning, containing 10,540 square feet
or 0.24 acre 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 pipe line 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.
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 as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
WATER/SEWER EASFnnFr
Page 2
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 2025.
TRANSPORT REALTY, INC., AN ARKANSAS CORPORATION
(FORMERLY KNOWN AS ABC-TREADCO, INC., FORMERLY
KNOWN AS ARKANSAS BANDAG CORPORATION)
By:
ATTEST:
Shaun McCaffrey, Director, Real Estate
ArcBest Corp.
Walter J. Echols, Vice President, Real Estate
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 Walter J. Echols and Shaun McCaffrey, to me well known as
the persons who executed the foregoing document, and who stated and acknowledged that they are the Vice President
and Director of Real Estate for ArcBest Corp., respectively, of TRANSPORT REALTY, INC., AN ARKANSAS
CORPORATION (FORMERLY KNOWN AS ABC-TREADCO, INC., FORMERLY KNOWN AS ARKANSAS BANDAG
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 12025.
MY COMMISSION EXPIRES:
Notary Public
WA TER AND SANITARY
SEWER EASEMENT
PARCEL NO. 765-15856-000
TRANSPORT REALTY INC
1550 W TRUCKERS DR
CI TY
FAYETTEVILLE UTILITY EASEMENT
BK. 102J PG. 498
CI TY OF FA YETTEVILLE UTILI TY EASEMENT
BK.-
102J PG. 498
R/W
WEST TRUCKERS DRIVE
inHAWIUS 6WEHL
E N G IN E E:Ra IN Q
Van Buren Fort Smith Fayetteville Little Rock
(479)474-1227 (479)242-4685 (479)455-2206 1 (501)374-4846
50 25 0 50
SCALE IN FEET
NOTE. RIGHT-OF-WAY & PROPERTY
LINE INFORMATION BASED ON ARDOT
JOB #040746. NO INDEPENDENT
BOUNDARY SURVEY WAS PERFORMED
AS PART OF THIS PROJECT.
z
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2
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IV
- CITY OF FA YETTEVILLE
WA TER & SEWER EASEMENT
DOC. #2016-00015682
EXHIBI T "A"
HIGHWAY 112 UTILITY RELOCATIONS
TRACT 12 - TRANSPORT REALTY INC.
FOR: CITY OF FA YETTEVILLE, ARKANSAS
www.hawkins-weir.com
DATE: 12/02/2024 I SCALE.- 1 "=50' 1 JOB NO. 2021048
Tract No. 13
Sam's Real Estate Business Trust
CITY OF
FAYETTEVILLE
ARKANSAS
January 30, 2025
Mr. Thomas H. Wait
Sam's Real Estate Business Trust, a Delaware Statutory Trust
Walmart Property Tax Dept 8013, PO Box 8050
Bentonville, AR 72712
RE: Highway 112 Widening Project
Parcel No. 765-15855-000
3075 N. Hwy 112, Fayetteville, AR
(Notification Letter)
Dear Mr. Wait:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
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 will
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 $4,800.00 for the rights associated with the temporary
construction and grading easement (1,600 square feet). This offer is based on an independent
appraisal of your property and a summary sheet is enclosed for your review.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
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.
Sincerely,
T(��-
Tim Nyander
Utilities Director
TN/bs
Sam's Keal Estate
Business Trust
Before the Acquisition
AA 177R '—Pr _ I —H
After the Acquisition
C-2: Thoroughfare Commercial
EXECUTIVE SUMMARY
Before the acquisition, the
subject property consists of a
147,774 SgFt retail store on
15.64 acres of commercial land.
The city is relocating water and
sewer easements along this
corridor, and they will use a
portion of the frontage of this
lot for a temporary constrcution
easement.
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 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.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 765-15855-000
Tract No. 13
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Sam's Real Estate Business Trust, a Delaware statutory trust,
hereinafter called GRANTORS, for and in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, do hereby GRANT, SELL and CONVEY unto the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE,
and unto Grantee's successors and assigns, a temporary construction and grading
easement on, over, and through the following described land situated in the County
of Washington, State of Arkansas, for the sole purposes necessary for construction
of ???? Street, to -wit:
PROPERTY DESCRIPTION: (Deed Ref: 99-84977)
Property located in Washington County, AR Lot 7 Springwoods, an addition to the City of Fayetteville, and other
lands all located in the NE1/4 NW1/4, NW1/4 NE1/4 and the NE1A NE1/4 Section 33, Township 17 North, Range 30
West, Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the
Northeast corner of the NE1 /4 NW1 /4 of said Section 33; Thence S 87°12'42" E for 247.42 feet; Thence S 02°27'35"
W for 478.05 feet to a rebar and cap and the point of beginning; Thence S 87°53'56" E for 1205.16 feet to a rebar
and cap on the Westerly Right of Way line of Arkansas State Highway Number 112; Thence S 2'16'58" W for 344.45
feet along the said Right of Way line to a row disk; Thence N 88°14'29" W for 40.13 feet along said Right of Way line
to a rebar and cap; Thence S 03°00'58" W for 210.44 feet along said West Right of Way line to a 5/8" pipe; Thence
N 88°14'36" W for 60.11 feet (59.97 feet deed) along said West Right of Way line to a 3/8" rebar; Thence S
27°17'36" W for 9.62 feet (9.72 feet deed) along said West Right of Way line to a "A" rebar; Thence leaving said
Right of Way line N 871729" W for 1100.18 (1100.10 deed) feet to a rebar and cap; Thence N 02°29'21" E for
61.97 feet to a rebar and cap; Thence N 84°47'37" W for 63.41 feet (N 84044'45" W for 63.43 feet plat) to a rebar
and cap; Thence S 24°25'48" E for 97.81 feet (S 24°27'56" E for 97.91 feet plat) to a concrete monument and cap;
Thence S 15°44'41" W for 256.80 feet (S 15°42'51" W for 256.83 feet plat) to a concrete monument and cap; Thence
N 87005'25" W for 296.07 feet (N 87003'33" W for 296.13 feet plat) to a rebar and cap; Thence N 74'16'00" W for
43.14 feet (N 74°33'51" W for 43.11 feet plat) to a rebar and cap; Thence S 88°05'35" W for 191.98 feet (S 88°06'58"
W for 192.03 feet plat) to a rebar and cap; Thence N 06'46'12" W for 95.32 feet (N 06°46'27" W for 95.47 feet plat)
to a rebar and cap; Thence N 88038'49" W for 95.51 feet (N 88°52'35" W for 95.38 feet plat) to a Conc. Mon. and 3"
cap; Thence N 22°25'46" W for 53.94 feet (N 22°28'20" W for 54.13 feet plat) to a rebar and cap; Thence N
64°02'57" E for 696.60 feet (N 64'03'19" E for 696.30 feet plat) to a rebar and cap; Thence along a curve to the right
having a radius of 175.00 feet and a chord bearing and distance of N 85044'08" E for 129.33 feet (N 8504619" E for
129.41 feet plat) to a rebar and cap; Thence N 02o29'21" E for 339.31 feet to the point of beginning and containing
884,181 sq. ft. or 20.298 acres, more or less. AND BEING the same property conveyed to Sam's West, Inc., an
Arkansas corporation from Springwoods Landholdings, LLC, an Arkansas limited liability company by Warranty
Deed dated August 16, 2006 and recorded August 22, 2006 in Instrument No. 2006-00034446.
Tax Parcel No. 765-15855-002.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
Part of the Northeast Quarter of Section 33, Township 17 North, Range 30 West, City of Fayetteville, Washington
County, Arkansas being more particularly described as follows:
Commencing at the Northwest corner of the Northwest Quarter of said Section 33; thence along the West line of said
Quarter S02°28'26"W 508.24 feet; thence S87°54'20"E 2,884.98 feet to the West line of an existing utility easement
(filed as Document #2004-00021856); thence along said West easement line S02°27'35"W 50.00 feet to the South
line of said Easement; thence along said South easement line S87°54'20"E 1,095.69 feet to the Point of Beginning;
thence continuing along said South easement line S87°54'20"E 80.00 feet to the West line of an existing utility
easement (filed in Document #0023-00000259); thence along said West easement line S02°58'58"W 20.00 feet;
thence N87054'20"W 80.00 feet; thence N02058'58"E 20.00 feet to the Point of Beginning, containing 1,600 square
feet or 0.04 acre 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(s) which may be located or under construction within said temporary construction easement area during the construction
of this project.
TCE
Page 2
TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, togetherwith free ingress to
and egress from the real estate first herein above described for the uses and purposes herein above set forth.
The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 12022.
SAWS REAL ESTATE BUSINESS TRUST, a Delaware statutory
trust
By:
rhomas H. Wait, Senior Vice President
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 Thomas H. Wait, to me well known as the person who executed the
foregoing document, and who stated and acknowledged that he is the Senior Vice President of Sam's Real Estate Business
Trust, a Delaware statutory trust, and is duly authorized in his capacity to execute the foregoing instrument for and in the name
and behalf of said trust, 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 12023.
MY COMMISSION EXPIRES:
Notary Public
R/W 50 25 0 50
RAW
W
SCALE IN FEET
WEST TRUCKERS DRI VF
o R/W
10' PRI VA TE UTILITY EASEMENT DOC. #2007-00043977 ----------
CITY OF FAYETTEVILLE
MUL TIUSE TRAIL, WA TER & SEWER EASEMENT t
_ _ DOC.' #2004-00021856 I
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NOTE. RIGHT-OF-WAY & PROPERTY LINE
3 INFORMATION BASED ON ARDOT JOB #040746.
NO INDEPENDENT BOUNDARY SURVEY WAS
PERFORMED AS PART OF THIS PROJECT
Q HAG S a�� EXHIBIT "A
o E N£ I N E E R$ I N r, HIGHWAY 112 UTILITY RELOCATIONS
N TRACT 13 - SA US REAL ES TA TE BUSINESS TRUST
oN Van Buren Fart Smith Fayetteville Little Rock
N (479) 474-1227 I (479) 242-4685 I (479) 455-2206 I (501) 374-4846 FOR: CITY OF FAYETTEVILLE, ARKANSAS
N www.hawkins-weir.com DA TE: 1211612024 SCALE.- 1 `50' JOB NO. 2021048
Tract No. 15
CL Partners, LLC
CITY OF
FAYETTEVILLE
ARKANSAS
January 30, 2025
Mr. Christopher A. Akbari
CL Partners, LLC and D Briggs 112 Exchange, LLC
PO Box 189
Sedalia, MO 65302
RE: Highway 112 Widening Project
Parcel No. 765-15813-000, 765-15815-000, 765-15816-000,
765-15819-000, 765-15812-000, 765-15811-000
N Hwy 112, Fayetteville, AR
(Notification Letter)
Dear Mr. Akbari:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
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 will
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 $169,000.00 for the rights associated with the permanent
easement (57,077 square feet). This offer is based on an independent appraisal of your
property and a summary sheet is enclosed for your review.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
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.
'ncerely,
Ti Nyander
Utilities Director
TN/bs
EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of 36.11 acres of commercial land
formerly used for a drive-in theater. The property is intended for a new mixed use housing
development, but the plans are on hold. The city is relocating water and sewer easements along
this corridor.
CL Partners, LLC;
D Briggs 1 12
Exchange LLC
Before the Acquisition
1 57? 95? SnFt _ I nnrd
Proposed Water- and Sewer- Easement '1
57 077 SnPr - I and lArnuicitinn Araal
After the Acquisition
151 5 117; SnFt - I anrd iRamninrdarl
Remaining Rights In the Acquisition Area
18,567,000 Land Value Before the Acquisition
IR i9R nn0 I and Values Aftar tha Armikitinn
Market Value of the Acquisition
See mapping for specific
locations. They have minimal
impact on the subject
improvements. Any existing
site improvements (parking,
paving, driveways, sidewalks,
lawn) within the easement
construction area 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 WSE restricts permanent
construction above the
easement area.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 765-15811-000, 765-15812-000,
765-15813-000, 765-15815-000,
765-15816-000 & 765-15819-000
Tract No. 15
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT CL Partners, LLC, an Arkansas limited liability company, and D.
Briggs 112 Exchange LLC, an Arkansas limited liability company, hereinafter
called GRANTORS, 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, grantee owned fiber optic equipment and
appurtenances thereto, on, over, across, and under the following described land
situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Reference 2022-29207)
SURVEY DESCRIPTION from ALTA/NSPS Land Title Survey by ESI Consulting Engineers dated August 29,
2022.
Part of the East Half (E 1/2) of the Southeast Quarter (SE '4) of Section Twenty -Eight (28), Township Seventeen
(17) North, Range Thirty (30) West of the Fifth Principal Meridian, City of Fayetteville, Washington County,
Arkansas, and being more particularly described as follows: COMMENCING at the Southwest Corner of said E V2
of the SE 74, said point being a found 3 inch Aluminum Monument; thence along the South line of said E 1/2 of
the SE 1/4, S87°08'52"E a distance of 83.50 feet to the POLNT OF BEGINNING, said point being a set iron pin
with cap "PS 1559"; thence leaving said South line, N20°53' 11 "W a distance of 48.65 feet; thence along a curve to
the right, said curve having a radius of 699.58 feet, an arc length of 290.81 feet, and a chord bearing and distance
of N08°58'40"W 288.72 feet; thence NO2°55'51"E a distance of 300.88 feet; thence NO2°45' 12"E a distance of
221.00 feet; thence NO2°38' 37E a distance of 345.10 feet; thence NO297'44"E a distance of 418.46 feet to a set
iron pin with cap "PS 1559"; thence S88°43'56"E a distance of 943.50 feet to a set iron pin with cap "PS 1559";
thence SOO°38'08W a distance of 1639.87 feet to a set iron pin with cap "PS 1559" on the South line of said E 1/2
of the SE 1/4; thence along said South line, N87°08'52W a distance of 924.94 feet to the POINT OF BEGINNING,
containing 36.11 acres (1,572,946 square feet), more or less, and subject to all Rights -Of -Way, Easements or
Restrictive Covenants of record and fact..
PERMANENT EASEMENT DESCRIPTION:
Part of the Southeast Quarter of the Southeast Quarter of Section 28, Township 17 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas being more particularly described as follows:
Commencing at the Southwest corner of said Southeast Quarter; thence along the South line of said Quarter -
Quarter S87°15'19"E 173.14'to the East right-of-way of Highway 112 (per ARDOT Job #040746) and the Point of
Beginning; thence along said East right-of-way the following twelve (12) courses: N12034'40"W 68.06'; thence
N84041'48"W 36.25'; thence N13005'39"W 82.41'; thence N08121'32"W 187.26'; thence N05139'53"E 58.08';
thence N32121'25"E 157.65'; thence N02142'08"E 75.00'; thence N22047'43"W 72.01'; thence N35057'27"W 57.63';
thence N07026'36"W 96.51'; thence N02137'31 "E 745.00'; thence N06015'36"W 64.18'; thence leaving said West
right of way S88004'09"E 39.28'; thence S00140'26"E 63.28'; thence S02142'06"W 390.70'; thence S02132'29"W
352.08'; thence S07126'36"E 85.24'; thence S35157'27"E 53.05'; thence S22147'43"E 83.29'; thence S02142'08"W
91.20'; thence S32021'25"W 158.56'; thence S05039'53"W 46.15'; thence S09001'37"E 205.70'; thence
S45027'08"E 71.50'; thence S11042'12"E 86.41' to the South line of said Southeast Quarter; thence along said
South line N87015'19"W 37.24' to the Point of Beginning, containing 57,077 square feet or 1.31 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 pipe line 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.
WATER/SEWER EASEMENT
Page 2
The Grantor agrees not to erect any buildings or structures in said permanent easement.
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 as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 12025.
CL PARTNERS, LLC, an Arkansas limited liability company
By:
Christopher A. Akbari, Manager
ACKNOWLEDGMENT
STATE OF TEXAS
ss.
COUNTY OF HARRIS
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 Christopher A. Akbari, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he is a manager of CL Partners, 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 12025.
MY COMMISSION EXPIRES:
Notary Public
WATER/SEWER EASEMENT
Page 3
CL PARTNERS, LLC, an Arkansas limited liability company
By:
David Anderson, 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 David Anderson, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he is a manager of CL Partners, 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 12025.
MY COMMISSION EXPIRES:
Notary Public
WATER/SEWER EASEMENT
Page 4
D. BRIGGS 112 EXCHANGE LLC, LLC, an Arkansas limited
liability company
By:
Dale Briggs, 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 Dale Briggs, to me well known as the person who executed
the foregoing document, and who stated and acknowledged that he is a manager of D. Briggs 112 Exchange, 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 12025.
MY COMMISSION EXPIRES:
Notary Public
NOTE.• RIGHT OF -WAY & PROPERTY LINE
of INFORMATION BASED ON ARDOT JOB 11040746.
Q NO INDEPENDENT BOUNDARY SURVEY WAS
JI PERFORMED AS PART OF THIS PROJECT
inHAVMS 6WEHL
EN8I NEE:Ra I NQ
Van Buren Fort Smith Fayetteville Little Rock
(479)474-1227 (479)242-4685 (479)455-2206 1 (501)374-4846
1A
Z�
200 100 0 200
SCALE IN FEET
PARCEL NO.
765-15811-000
PARCEL NO.
765-15812-000
PARCEL NO.
765-15816-000
PARCEL NO.
765-15819-000
PARCEL NO.
765-1581
J-
000
PARCEL NO.
765-15815-000
CL PARTNERS LLC & D
BRIGGS 112
EXCHANGE LLC
N HWY 112
WA TER AND SANITARY
SEWER EASEMENT
pJO' CI TY OF FA YETTEVILLE
SEWER EASEMENT
DOC. 112008-000084J8
CITY OF FA YETTEVILLE
SEWER EASEMENT
Y i DOC. 112008-000084J8 - - -
��- 15' DRAINAGE EASEMENT
__----_-_--_ _� DOC_ 119900575J9
EXHIBI T "A"
HIGHWAY 112 UTILITY RELOCATIONS
TRACTS 15 & 16 - CL PARTNERS LLC & D BRIGGS 112 EXCHANGE LLC
FOR: CITY OF FA YETTEVILLE, ARKANSAS
www.hawkins-weir.com I DATE: 1
SCALE.- 1 "=200' 1 JOB NO. 2021048
Tract No. 17
McBryde Family Limited Partnership
CITY OF
FAYETTEVILLE
ARKANSAS
January 30, 2025
Mr. C. Bryan McBryde
McBryde Family Limited Partnership, an Arkansas limited partnership (GUE $0)
5800 N. Bannister Drive
Fayetteville, AR 72704
RE: Highway 112 Widening Project
Parcel No. 765-15814-000
3450 N. Hwy 112, Fayetteville, AR
(Notification Letter)
Dear Mr. McBryde:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
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 will
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 $18,000.00 for the rights associated with the permanent
easement (5,794 square feet), $1,500.00 for the rights associated with the temporary
construction and grading easement (700 square feet), and $900.00 for damages, for a total of
$20,400.00. Damages include the loss of a professionally landscaped tree. This offer is based
on an independent appraisal of your property and a summary sheet is enclosed for your review.
Additionally, the City is asking you to dedicate a permanent easement over the existing water
and sewer lines. As you can see from the enclosed as -built plan by Jorgensen & Associates,
these lines were installed as part of your development in 1997 and the required easements
were not properly dedicated at that time.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Please note that negotiations may continue throughout this process. A pamphlet is enclosed
explaining the steps involved in condemnation and your rights and responsibilities.
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,
WW41-t-"
Tim Nyander
Utilities Director
TN/bs
EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of a 32,690 SgFt office and warehouse
on 5.17 acres of commercial land. The city is relocating water and sewer easements along this
corridor.
1 /29/2025
Effective Date
PHYSICAL CHARACTERISTICS
McBryde Family Limited
Partnership
Property Owner
765-15814-000
Parcel
Fayetteville
City
AR
State
32,690
- Area
Before the Acquisition
225,205
SgFt - Land
Proposed Water- and Sewer Easement
5,794
SgFt - Land (Acquisition Area)
After- the Acquisition
219,41 1
SgFt - Land (Remainder)
Remaining Rights In the Acquisition Area
5,794
SgFt - Land (Residual)
Temporary Construction Easements
700
SgFt - Land
C-2; Thoroughfare Commercial
ning
CONCLUSIONS
$
2,854,000
Land Value Before the Acquisition
$
2,836,000
Land Value After the Acquisition
$
18,000
Market Value of the Acquisition
$
1,500
TCE
$
900
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.
The WSE restricts permanent
structures above the easement
area.
Damages: Damages include the
loss of a professionally landscaped
tree.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 765-15814-000
Tract No. 17
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT McBryde Family Limited Partnership, an Arkansas limited
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
and a temporary construction and grading easement to construct, lay, remove,
relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or
lines, manholes, grantee owned fiber optic equipment and appurtenances thereto,
on, over, across, and under the following described land situated in the County of
Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Reference 98-89202)
Part of the Southeast Quarter of Section Twenty -Eight (28), Township Seventeen (17) North, Range Thirty (30)
West and being more particularly described as follows, to -wit: Beginning at a point which is 769.20 feet south of
the Northwest corner of the Northeast Quarter of the Southeast Quarter of said Section 28, and running thence
East 941.07 feet to the centerline of an existing ditch, thence South along said ditch centerline 250 feet, thence
West 950.27 feet, thence North 250 feet to the point of beginning.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northeast Quarter of the Southeast Quarter of Section 28, Township 17 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas being more particularly described as follows:
Commencing at the Northwest corner of said Northeast Quarter of the Southeast Quarter; thence along the West
line of said Quarter -Quarter S02035'05"W 771.01'; thence S88108'51"E 53.84' to the East line of an existing 15.00'
City of Fayetteville water and sewer easement (filed for record in Book 888 Page 768) and the Point of Beginning;
thence S88008'51"E 28.34'; thence S02152'30"W 72.98'; thence S00114'50"W 57.54' to the North line of an existing
City of Fayetteville utility easement; thence along said North easement line N88017'11"W 28.12' to the East line of
an existing City of Fayetteville water and sewer easement (filed for record in Book 1157 Page 411); thence along
said East easement line N01116'01"W 37.94' to the East line of an existing City of Fayetteville water and sewer
easement (filed for record in Book 888 Page 768); thence along said East easement line N02048'08"E 92.69' to the
Point of Beginning, containing 3,713 square feet or 0.09 acres more or less.
ALSO
Part of the Northeast Quarter of the Southeast Quarter of Section 28, Township 17 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas being more particularly described as follows:
Commencing at the Northwest corner of said Northeast Quarter of the Southeast Quarter; thence along the West
line of said Quarter -Quarter S02035'05"W 921.71'; thence S88117'11"E 57.38' to the intersection of the East line of
an existing City of Fayetteville water and sewer easement (filed for record in Book 1157 Page 411) and the South
line of an existing City of Fayetteville utility easement and the Point of Beginning; thence along the South line of
said utility easement S88017'11"E 27.59'; thence S00114'50"W 78.43'to the North line of an existing City of
Fayetteville utility easement; thence along said North easement line N88104'09"W 25.52' to the East line of said
City of Fayetteville water and sewer easement; thence along said East easement line N01116'01"W 78.42' to the
Point of Beginning, containing 2,081 square feet or 0.05 acres more or less.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
A 10.00'x70.00' easement over part of the Northeast Quarter of the Southeast Quarter of Section 28, Township 17
North, Range 30 West, City of Fayetteville, Washington County, Arkansas being more particularly described as
follows:
Commencing at the Northwest corner of said Northeast Quarter of the Southeast Quarter; thence along the West
line of said Quarter -Quarter S02135'05"W 771.01'; thence S88108'51"E 82.18' to the East line of the above
described permanent easement and the Point of Beginning; thence S88108'51"E 10.00'; thence S02152'30"W
70.00'; thence N88008'51 "W 10.00' to the East line of the above described permanent easement; thence along
said East line N02152'30"E 70.00' to the Point of Beginning, containing 700 square feet or 0.02 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 pipe line 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.
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 as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 12025.
McBRYDE FAMILY LIMITED PARTNERSHIP, an Arkansas
limited partnership
By: Flogene Enterprises, Inc., its General Partner
By:
C. Bryan McBryde, President
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 C. Bryan McBryde, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he is the President of Flogene Enterprises,
Inc., General Partner of McBryde Family Limited Partnership, an Arkansas limited 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 12025.
MY COMMISSION EXPIRES:
Notary Public
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WA TER & SEWER EA SEMEN T
BK. 1157 PG. 411
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50 25 0 50
SCALE IN FEET
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10'x7O' TEMPORARY
CONSTRUCTION EASEMENT
PARCEL NO. 765-15814-000
MCBRYDE FAMILY LIMITED PARTNERSHIP
J510NHWY112
WA TER AND SANITARY
SEWER EASEMENT
------------------------
CITY OF FA YETTEVILLE
I UTILITY EASEMENT
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NOTE.• RIGHT-OF-WAY & PROPERTY LINE
INFORMATION BASED ON ARDOT JOB #040746.
NO INDEPENDENT BOUNDARY SURVEY WAS
PERFORMED AS PART OF THIS PROJECT.
lijkWKIS pWEHL EXHIBIT "A"
in E N 8 IN E E:R a IN Q HIGHWAY 112 UTILITY RELOCATIONS
TRACT 17 - MCBRYDE FAMILY LIMITED PARTNERSHIP
Van Buren Fort Smith Fayetteville Little Rock FOR: CITY OF FA YETTEVILLE, ARKANSAS
(479)474-1227 (479)242-4685 (479)455-2206 (501)374-4846
www.hawkins-weir.com I DA TE.• 121021202J I SCALE.- 1"=50' 1 JOB NO. 2021048
Project: Highway 112 Utility Relocations
Parcel No. 765-15814-000
Tract No. 17
GENERAL UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT McBryde Family Limited Partnership, an Arkansas limited
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 the public utilities holding a franchise granted by said City of Fayetteville, a
permanent easement for the purpose of construction, maintenance, repair and/or
replacement, enlargement and operations of general utilities including water and/or
sanitary sewer pipe line or lines, manholes, natural gas, electrical power, telephone,
fiber optic cable(s) and television communication line or lines, traffic signal poles
and equipment, and appurtenances thereto, on over, across, and under the
following described land situated in the County of Washington, State of Arkansas,
to -wit:
PROPERTY DESCRIPTION: (Deed Reference 98-89202)
Part of the Southeast Quarter of Section Twenty -Eight (28), Township Seventeen (17) North, Range Thirty (30)
West and being more particularly described as follows, to -wit: Beginning at a point which is 769.20 feet south of the
Northwest corner of the Northeast Quarter of the Southeast Quarter of said Section 28, and running thence East
941.07 feet to the centerline of an existing ditch, thence South along said ditch centerline 250 feet, thence West
950.27 feet, thence North 250 feet to the point of beginning.
PERMANENT EASEMENT DESCRIPTION:
A 20.00' permanent easement over part of the Northeast Quarter of the Southeast Quarter of Section 28, Township
17 North, Range 30 West, City of Fayetteville, Washington County, Arkansas being more particularly described as
follows:
Commencing at the Northwest corner of said Northeast Quarter of the Southeast Quarter; thence along the West
line of said Quarter -Quarter S02035'05"W 771.01 feet; thence S88108'51 "E 488.99 feet to the Point of Beginning;
thence continuing S88008'51 "E 20.01 feet; thence S04102'55"W 249.64 feet; thence N88004'09"W 438.62 feet to the
East line of an existing City of Fayetteville Water & Sewer Easement (Filed for Record in Book 1157 Page 411);
thence along said East easement line N01016'01"W 20.03 feet; thence S88004'09"E 420.46 feet; thence
N04002'55"E 79.97 feet; thence N88017'11"W 427.79 feet to said East easement line; thence along said East line
N01016'01 "W 20.03 feet; thence S88017'11 "E 429.65 feet; thence N04002'55"E 129.61 feet to the Point of Beginning,
containing 21,957 square feet or 0.50 acres more or less.
Togetherwith the rights, easements, and privileges in orto said lands which may be required forthe full enjoyment of
the rights herein granted.
TO HAVE AND TO HOLD unto said Grantee and the public utilities holding a franchise granted by said City of
Fayetteville, until the use of said permanent easement is relinquished, abandoned or vacated and so long as such pipe line or
lines, electrical power, telephone and/or television lines or cables, manholes and/or appurtenances thereto shall be
maintained, together with free ingress to and egress from the real estate first herein above described for the uses and
purposes herein above set forth.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee and its associated franchisees, which hereby agree to bury all pipes, lines and/or cables where feasible, to a sufficient
depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground
except in bottom lands where they shall be at a height above water.
The Grantor agrees not to erect any buildings or structures in said permanent easement. This easement cannot be used
for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any
other similar wireless communications facilities.
The Grantee and its associated franchisees shall have the right to construct additional pipelines, electric power lines,
telephone and/or television lines or cables upon the above -described easement at any time in the future and agrees to pay any
damages as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
General Utility Easement
Page 2
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 2025.
McBRYDE FAMILY LIMITED PARTNERSHIP, an Arkansas
limited partnership
By: Flogene Enterprises, Inc., its General Partner
By:
C. Bryan McBryde, President
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 C. Bryan McBryde, to me well known as the person who executed the
foregoing document, and who stated and acknowledged that he is the President of Flogene Enterprises, Inc., General
Partner of McBryde Family Limited Partnership, an Arkansas limited 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 12025.
MY COMMISSION EXPIRES:
Notary Public
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E N 8 1 N E E R S, I N r- HIGHWAY 112 UTILITY RELOCATIONS
N TRACT 17 - MCBRYDE FAMILY LIMITED PARTNERSHIP
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Van Buren Fort Smith Fayetteville Little Rock
(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 F -DATE.- 01 21 2025 SCALE.- 1"=100' JOB NO. 2021048
Tract No. 19
Kubald Ventures, LLC
CITY OF
FAYETTEVILLE
ARKANSAS
January 30, 2025
Mr. Brandon Sebald
Kubald Ventures, LLC
3931 N. Dogwood Canyon Loop
Fayetteville, AR 0
RE: Highway 112 Widening Project
Parcel No. 765-15824-001
3538 N. Hwy 112, Fayetteville, AR
(Notification Letter)
Dear Mr. Sebald:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
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 will
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 $6,000.00 for the rights associated with the permanent
easement (1,873 square feet). This offer is based on an independent appraisal of your property
and a summary sheet is enclosed for your review.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
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.
Scerely,
,�
Tim Nyander
Utilities Director
TN/bs
EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of a 4,200 SgFt office and warehouse on
1.32 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
Before the Acquisition
rroposea water and fewer tasement I
Land Value Before the Acquisition
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. The WSE
restricts permanent structures
above the easement area.
Damages: The parking will be
temporarily limited, but the
subject has surplus land and
parking areas to use during that
period, and the city assures us
that the parking lot will be
repaired at their cost and access
will be continuous during
construction; therefore, there
are no permanent damages.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 765-15824-001
Tract No. 19
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Kubald Ventures, 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 and a
temporary construction and grading easement to construct, lay, remove, relay,
inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines,
manholes, grantee owned fiber optic equipment and appurtenances thereto, on,
over, across, and under the following described land situated in the County of
Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Reference 2023-2456)
A part of the NE1/4 of the SE1/4 of Section 28, Township 17 North, Range 30 West, Washington County,
Arkansas, more particularly described as follows: Commencing at the NW corner of said NE1/4 of the SE1/4;
thence S02°33'33 "W along the West line of said NE1/4 of the SE1/4 461.00 feet; thence S8915'44"E 40.20 feet
to an existing iron on the East right of way of State Highway #112 for the true point of beginning; thence
S89015'44"E, 443.26 feet to an existing iron; thence N02033'33"E 161.70 feet to a set iron; thence S83037'26"W
448.51 feet to a set iron on the easterly right of way of Arkansas State Highway #112; thence S02o32'30"W along
said Easterly right of way 106.12 feet to the point of beginning, containing 1.36 acres, more or less. Subject to the
expanded right of way of State Highway #112 along the entire West boundary and also subject to a 15 foot general
utility easement lying East of the being adjacent to an parallel with the expanded right of way of State Highway
#112 along the entire west boundary as shown on the master street plan for the City of Fayetteville, Arkansas.
LESS AND EXCEPT:
A part of the NE1/4 of the SE1/4 of Section 28, Township 17 North, Range 30 West, Washington County,
Arkansas, being more particularly described as follows: Commencing at the NW corner of said 40 acre tract;
thence S02015'33"W 461.00 feet along the West line of said 40 acre tract; thence S89015'44"E 40.20 feet to an
existing iron pin on the East right of way of Arkansas Highway #112 for the true point of beginning; thence
NO2°32'30"E 106.12 feet along the East existing right of way of Arkansas Highway #112; thence N83°37"26"E
15.18 feet; thence S02032'30"W 108.01 feet; thence N89015'44"W 15.01 feet to the point of beginning, containing
0.037 acres, more or less.
Together with a shared driveway easement for ingress and egress recorded as Washington County, Arkansas,
Land Document #97071387, being more particularly described as follows: A part of the NE1/4 of the SE1/4 of
Section 28, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly descried
as follows: Commencing at the NW corner of said NE1/4 of the SE/14; thence S02033'33"W along the West line of
said NE1/4 of the SE1/4, 461.00 feet; thence S8915'44"E 40.20 feet to an existing iron on the East right of way of
State Highway #112; thence NO2°32'30"E, along said right of way of 106.12 feet to a set iron for the true point of
beginning; thence NO2°32'30"E 36.90 feet to the North edge of an existing asphalt drive; thence N79°48'01"E,
along the North edge of said drive 194.04 feet; thence. S02°33'33"W 50.00 feet; thence S83°37'26"W 191.56 feet
to the point of beginning. Subject to Protective Covenants and easements, if any.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northeast Quarter of the Southeast Quarter of Section 28, Township 17 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas being more particularly described as follows:
Commencing at the Northwest corner of said Northeast Quarter of the Southeast Quarter; thence along the West
line of said Quarter -Quarter S02°35'18"W 463.80 feet; thence S89°15'17"E 74.40 feet to the East line of an
existing 20.00 foot utility easement (filed as Document #2001-00029230) and the Point of Beginning; thence along
said East easement line NO2°33'02"E 110.51 feet to the South line of an existing Access Easement (filed as
Document #2005-00025224); thence along said South easement line N83°37'35"E 25.31 feet; thence
S02033'42"W 5.90 feet; thence S11036'01"W 109.65 feet; thence N89015'17"W 7.76 feet to the Point of Beginning,
containing 1,873 square feet or 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.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line 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.
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 as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 12025.
KUBALD VENTURES, LLC, an Arkansas limited liability
company
By:
Brandon Sebald, 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 Brandon Sebald, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he is the Manager of Kubald 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 12025.
MY COMMISSION EXPIRES:
Notary Public
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H iWKINS aWML
in EN£I N EERS, I NCL
Van Buren Fart Smith Fayetteville Little Rock
(479)474-1227 1 (479)242-4685 1 (479)455-2206 1 (501)374-4846
50 25 0 50
SCALE IN FEET
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ACCESS EASEMENT
DOC. 112005-00025224
� I
Parcel No. 765-15824-001
Kubald Ventures LLC
3538 N HWY 112
WA TER AND SANITARY
SEWER EASEMENT
NOTE: RIGHT OF —WAY & PROPERTY LINE
INFORMATION BASED ON ARDOT JOB 11040746.
NO INDEPENDENT BOUNDARY SURVEY WAS
PERFORMED AS PART OF THIS PROJECT
EXHIBIT "A"
HIGHWAY 112 UTILITY RELOCATIONS
TRACT 19 - KUBALD VENTURES, LLC
FOR: CITY OF FA YETTEVILLE, ARKANSAS
www.hawkins-weir.com
DATE: 1211812024 1 SCALE: 1 "=50' 1 JOB NO. 2021048
Tract No. 32
Jason Purdy and Marleah Purdy
CITY OF
FAYETTEVILLE
ARKANSAS
February 12, 2025
Jason and Marleah Purdy
2357 W. Cartier Street
Fayetteville, AR 72704
RE: Highway 112 Widening Project
Parcel No. 765-28418-000
2357 W. Cartier Street, Fayetteville, AR
(Notification Letter)
Dear Mr. and Mrs. Purdy:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
which currently run along the highway.
In order for this project to be completed, the City will need a temporary construction easement
on the southeast corner of your property for additional working room. 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 and temporary fencing can be
provided, if needed. The temporary construction easement will terminate when the project has
been completed by the contractor and accepted by the City of Fayetteville.
The City of Fayetteville hereby offers $420.00 for the rights associated with the temporary
construction and grading easement (225 square feet). This offer is based on an independent
appraisal of your property and a summary sheet is enclosed for your review.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
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.
Sincerely,
TA"04-1
Tim Nyander
Utilities Director
TN/bs
Before the Acquisition
I � OAR CnFr _ I and
Proposed Water- and Sewer Easement
- SnFt - I nnrd (Arnnicitinn Araal
After- the Acquisition
Temporary Construction Easements
225 SgFt - Land
EXECUTIVE SUMMARY
The subject property consists of a
3,073 SgFt home on 0.3 acres. The
city is relocating water and sewer
easements along this corridor. A
small portion of the backyard will
be used during construction for a
temporary construction easement.
See mapping for specific locations.
They have minimal impact on the
subject improvements. Any
existing site improvements
(parking, paving, driveways,
sidewalks, fencing, lawn) will be
repaired by the grantee.
Damages: It appears that the
fence will be removed. We
assume that the city will repair
the fence at their cost;
therefore, it is not included in
permanent damages in this report.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 765-28418-000
Tract No. 32
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT we, Jason Purdy and Marleah Purdy, husband and wife,
hereinafter called GRANTORS, for and in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, do hereby GRANT, SELL and CONVEY unto the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE,
and unto Grantee's successors and assigns, a temporary construction and grading
easement on, over, and through the following described land situated in the County
of Washington, State of Arkansas, for the sole purposes necessary for construction
of a water and/or sewer line, to -wit:
PROPERTY DESCRIPTION: (Deed Ref: 2023-20423)
Lot 58, Belclaire Estates Subdivision, to the City of Fayetteville, Washington County Arkansas, as shown on plat
record "23A" at page 302.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
The North 15.00 feet of the West 15.00 feet of the East 30.00 feet of the South 40.00 feet of Lot 58, Belclaire Estates
(filed for record August 15, 2007), City of Fayetteville, Washington County, Arkansas, containing 225 square feet or
0.005 acre more or less.
Togetherwith the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of
the rights herein granted.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any permanent
structure(s) which may be located or under construction within said temporary construction easement area during the construction
of this project.
TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress to
and egress from the real estate first herein above described for the uses and purposes herein above set forth.
The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 12025.
Jason Purdy Marleah Purdy
TCE
Page 2
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 Jason Purdy and Marleah Purdy, husband and wife, to me well known as
the persons 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 2025.
MY COMMISSION EXPIRES:
Notary Public
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20 10 0 20
SCALE IN FEET
PARCEL NO. 765-28418-000 '
JASON PURDY AND MARLEAH PURDY
2357 W CARTIER ST
I Q �
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LOT 58 W o
I BELCLAIRE ESTATES C,-
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15'x15' TEMPORARY
CONSTRUCTION EASEMENT W
15' c;
�............I h
hr...........y
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25' UTILITY & DRAINAGE EASEMENT PER PLAT
DOC. 11023A-00000302
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R/W
WEST HIGHWA Y 112
NOTE.• RIGHT OF —WAY & PROPERTY LINE
INFORMATION BASED ON ARDOT JOB 11040746.
NO INDEPENDENT BOUNDARY SURVEY WAS
PERFORMED AS PART OF THIS PROJECT.
HAWEIS pWEHL EXHIBIT "A"
in E N 8 IN E E:R a IN Q HIGHWAY 112 UTILITY RELOCATIONS
TRACT 32 - JASON PURDY AND MARLEAH PURDY
Van Buren Fort Smith Fayetteville Little Rock FOR: CITY OF FA YETTEVILLE, ARKANSAS
(479)474-1227 (479)242-4685 (479)455-2206 (501)374-4846
www.hawkins-weir.com DA TE.• 1210212024 SCALE.- 1"-20' JOB NO. 2021048
Tract No. 47
Jamal Abdin and Mario Abdin
IVA
CITY OF
FAYETTEVILLE
ARKANSAS
February 21, 2025
Jamal Abdin and Maria Abdin, husband and wife
3687 N. Hwy 112
Fayetteville, AR 72704
RE: Highway 112 Widening Project
Parcel No. 576-20009-000
3687 N. Hwy 112, Fayetteville, AR
(Notification Letter)
Dear Mr. and Mrs. Abdin:
The City of Fayetteville is working in conjunction with the Arkansas Department of
Transportation on the widening of Highway 112. Prior to roadway construction, certain utilities
will need to be moved and/or added, including, but not limited to, moving the existing waterlines
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.
The City of Fayetteville hereby offers $4,000.00 for the rights associated with the permanent
easement (6,049 square feet) and $2,500.00 for damages, for a total of $6,500.00. Damages
include the loss of a mature oak tree. This offer is based on an independent appraisal of your
property and a summary sheet is enclosed for your review.
Because ARDOT is installing the lines on this project as part of their roadway construction,
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.
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.
Sincerely,
Tim Nyander
Utilities Director
TN/bs
Enclosures
EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of a home on 4.1 acres. The city is
relocating water and sewer easements along this corridor.
2/ 19/2025
ffective Date
PHYSICAL CHARACTERISTICS
Jamal & Maria Abdin Property Owner
576-20009-000
Parcel #
Fayetteville �
City
AR
Before the Acquisition
178,596
SgFt - Land
Proposed Water and Sewer Easement
6,049
SgFt - Land (Acquisition Area)
After the Acquisition
172,547
SgFt -Land (Remainder)
Remaining Rights In the Acquisition Area
6,049
SgFt -Land (ResidMMMual)
No Zoning
Zoning
CONCLUSIONS
$ 466,000
Land Value Before the Acquisition
46Z 'n J=n
4,000
Market Value of the Acquisition
$ 2,500
Damages
See mapping for specific
locations. They have minimal
impact on the subject
improvements. Any existing
site improvements (parking,
paving, driveways, sidewalks,
lawn, fencing, sprinklers) 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 home does not appear to
be affected by the permanent
easement, and the client
assures us that owners will
continue to have access and
use of the parking and home
during construction.
The WSE restricts
permanent structures above
the easement area.
Damages: Damages include
the loss of a mature oak tree.
APPRAISERS:
Zach J Holland, AR CG 2911
Project: Highway 112 Utility Relocations
Parcel No. 576-20009-000
Tract No. 47
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE, Jamal Abdin and Maria Abdin, a married couple, 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, grantee owned fiber optic equipment and
appurtenances thereto, on, over, across, and under the following described land
situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Reference 2018-9724)
Tract 9A, which is a part of Lot 9 of the Woodlands Subdivision, Washington County, Arkansas per plat of said
subdivision recorded in the office of the Circuit Clerk of Washington County, Arkansas, and being more particularly
described as follows: Beginning at the Southwest corner of Lot 9, thence North 193.00 feet, thence East 449,42
feet, thence S00°00'41 "E 193.00 feet, thence West 449.46 feet to the P.O.B., containing 2.00 acres, more or less.
AND
Tract 9B, which is a part of Lot 9 & Lot 8 of the Woodlands Subdivision, Washington County, Arkansas per plat of
said subdivision recorded in the office of the Circuit Clerk of Washington County, Arkansas, and being more
particularly described as follows: Beginning at the Northwest corner of Lot 9, thence North 32.00 feet, thence East
449.38 feet, thence S00°00'41"E 239.00 feet, thence West 449.42 feet, Thence North 207.00 feet to the P.O.B.,
containing 2.47 acres, more or less.
ALSO KNOWN AS
Lots 9A and 9B, of the replat of Lots 8, 9 and 10, The Woodlands Subdivision, Fayetteville, Washington County,
Arkansas, as shown on Survey Record 2003 page 28897.
LESS AND EXCEPT:
Lot 8, The Woodlands Subdivision, Fayetteville, Washington County, Arkansas, as shown on Survey Record 2012-
28301. And being more particularly described as follows: A part of Lot 7 and all of Lot 8 of the Woodlands
Subdivision in Washington County, Arkansas, as per plat of said subdivision recorded in the Office of the Circuit
Clerk and Ex-Officio Recorder of Washington County, Arkansas, and being described as follows: Beginning at the
SW Corner of said Lot 8, thence West 300.00 feet, thence North 456.26 feet, thence S89°40'07"E 490.86 feet,
thence along a curve to the right 406.85 feet, said curve having a radius of 260.00 feet and a chord bearing and
distance of S44°50'24"E 366.59 feet, thence S00°00'41"E 193.48 feet, thence West 449.38 feet to the P.O.B.;
Containing 7.48 acres more or less. Subject to easements and rights of way of record.
PERMANENT EASEMENT DESCRIPTION:
A 15.00' wide easement over part of Lots 9A and 9B, The Woodland Subdivision Replat (filed for record May 28,
2003), City of Fayetteville, Washington County, Arkansas, the East line of which being more particularly described
as follows:
Commencing at the Southwest corner of said Lot 9A; thence along the South line of said Lot S87125'30"E 157.27'
to the West right-of-way of Highway 112 (per ARDOT Job #040746); thence along said West right-of-way
N02030'43"E 10.00' to the North line of an existing 20.00' utility easement (filed for record in Document #0016-
00000063) and the Point of Beginning; thence continuing along said West right-of-way the following three (3)
courses: N02130'43"E 92.84'; thence N10118'40"E 120.93'; thence N03011'11"E 167.47' to the South line of an
existing 20.00' utility easement (filed for record in Document #0016-0000063) and the Point of Termination,
containing 5,719 square feet or 0.13 acres more or less.
ALSO
A 15.00' wide easement over part of Lot 9B, The Woodland Subdivision Replat (filed for record May 28, 2003), City
of Fayetteville, Washington County, Arkansas, the East line of which being more particularly described as follows:
Commencing at the Northwest corner of said Lot 913; thence along the North line of said Lot S87131'07"E 401.84'
to the Point of Beginning; thence S03111'11"W 22.00' to the North line of an existing 20.00' utility easement (filed
for record in Document #0016-0000063) and the Point of Termination, containing 330 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.
WATER/SEWER EASEMENT
Page 2
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line 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.
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 as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 12025.
Jamal Abdin Maria Abdin
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 Jamal Abdin and Maria Abdin, a married couple, to me well
known as the persons 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 2025.
MY COMMISSION EXPIRES:
Notary Public
15' WA TER AND SANITARY
SEWER EASEMENT_
20' UTILITY EASEMENT PER M--------_
_ f PLA T #0016- 00000063 --
----
N
60 30 0 60
SCALE IN FEET
15' WA TER AND SANI TAR Y
SEWER EASEMENT
PARCEL NO. 576-20009-000 j /
JAMAL & MARIA ABDIN
3687 N HWY 112 I
I LOT 83
LOT 9B
THE WOODLAND SUBDIVISION I
� I I
► I
► ' N
� � Z
► , z LOT 69
LOT 9A
THE WOODLAND SUBDIVISION ' ► Z E ESTPS
�I.PIR
I BED
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-_- -__--- LOT 68
I
20' U-�
TILITY EASEMENT
�ZPER PLAT #0016 _ 00000063
NOTE.• RICH T=OF- WAY & PROPERTY LINE
LOT 10B INFORMATION BASED ON ARDOT JOB #040746.
' THE WOODLAND SUBDIVISION NO INDEPENDENT BOUNDARY SURVEY WAS
PERFORMED AS PART OF THIS PROJECT.
HAW S pWEHL EXHIBIT "A"
in E N 8 IN E E:R a IN Q HIGHWAY 112 UTILITY RELOCATIONS
TRACT 47 - JAMAL & MARIA ABDIN
Van Buren Fort Smith Fayetteville Little Rock FOR: CITY OF FA YETTEVILLE, ARKANSAS
(479)474-1227 (479)242-4685 (479)455-2206 (501)374-4846
www.hawkins-weir.com I DATE.• 1Z/0 024 I SCALE.- 1"=60' 1 JOB NO. 2021048