HomeMy WebLinkAbout280-25 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 280-25
File Number: 2025-2430
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND
POSSESSION OF CERTAIN LANDS OWNED BY INDIVIDUALS NEEDED FOR THE CATO SPRINGS
SEWER EXTENSION AND LIFT STATION PROJECT
WHEREAS, the City of Fayetteville has been unable to negotiate the acquisition of easements on 2 properties needed
to complete the Cato Springs Sewer Extension and Lift Station 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 Cato Springs Sewer Extension and Lift Station Project
and owned by Northern Properties, Inc. that is needed for a sewer easement for the Project, and to pay into the registry
of the Circuit Court the final offer to the property owner in the amount of $33,838.07.00.
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 Cato Springs Sewer Extension and Lift Station Project
and owned by the Johnson Family Revocable Trust, that is needed for a sewer easement for the Project, and to pay into
the registry of the Circuit Court the final offer to the property owner in the amount of $9,886.26.
PASSED and APPROVED on December 2, 2025
Approved:
Molly Rawn, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Page 1
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 2, 2025
CITY COUNCIL MEMO
2025-2430
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Chief of Staff
FROM: Tim Nyander, Utilities Director
SUBJECT: Easement Condemnations - Cato Springs Sewer Extension and Lift Station Project
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 Cato Springs Sewer Extension and
Lift Station Improvements Project.
BACKGROUND:
The City of Fayetteville accepted a federal HUD Grant related to infrastructure improvements near the Kessler
Regional Park (Resolution 279-22; HUD Grand Agreement No. B-22-CP-AR-0016) and subsequently entered
into a cost -share agreement with South Cato Springs Holdings, LLC (Resolution 202-25) related to bringing
city sewer to this area. On November 6th, 2025, the City of Fayetteville accepted sealed competitive bids for
the Cato Springs Sewer Extension and Lift Station Improvements project. Grant Garrett Excavating, Inc.
submitted the lowest bid and the bid award will be presented to the City Council later in December.
DISCUSSION:
In order to meet the City's obligations for start/finish construction dates, all easements for this project must be
acquired or court -ordered possessory rights obtained by the start of construction so that the City's contractor
can begin work. This corridor consists of 6 necessary easements. To date, 4 of these easements have been
acquired. In order to give the City Attorney's office adequate time to make these filings, approval by the City
Council at the December 2nd 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 account. The agenda item
staff review form indicates $43,724.33 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 final offer to each property owner, based in part on the appraised value of the
easement, will be deposited into the Registry of the Circuit Court when the condemnation complaint is filed for
the property so the city will be able take immediate possession of the easements.
ATTACHMENTS: 3. Staff Review Form, 4. Easements for Condemnation (revised)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas
Legislation Text
File #: 2025-2430
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION
AND POSSESSION OF CERTAIN LANDS OWNED BY INDIVIDUALS NEEDED FOR THE
CATO SPRINGS SEWER EXTENSION AND LIFT STATION PROJECT
WHEREAS, the City of Fayetteville has been unable to negotiate the acquisition of easements on 2
properties needed to complete the Cato Springs Sewer Extension and Lift Station 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 Cato Springs
Sewer Extension and Lift Station Project and owned by Northern Properties, Inc. that is needed for a
sewer easement for the Project, and to pay into the registry of the Circuit Court the final offer to the
property owner in the amount of $33,838.07.00.
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 Cato Springs
Sewer Extension and Lift Station Project and owned by the Johnson Family Revocable Trust, that is
needed for a sewer easement for the Project, and to pay into the registry of the Circuit Court the final
offer to the property owner in the amount of $9,886.26.
Page 1
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2025-2430
Item ID
12/2/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
11/12/2025 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 Cato Springs Sewer Extension and Lift Station
Improvements Project.
4601.860.7650-5810.00
Account Number
46060.7650
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Economic Development 2019 Bonds
Fund
Econ Dev Bonds - SLS Community S Cato Springs
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 6,761,310.00
$ 3,362,618.15
L 3,398,691.85
$ 43,724.33
3,354,967.52
Previous Ordinance or Resolution #
Approval Date:
V20221130
Summary of Easements
Parcel ID
Principal
First Owner Name
Value
Sq. Ft. of
Value of PUE
Total Value of
Price per
per
Square
sq ft of
easement
Foot
PUE
Easements
765-15407-003
Ms. Mary R. Harriell, President
Northern Properties, Inc.
$5.53
24476
$33,838.07
$33,838.07
$1.38
765-15425-000
Harold B. Johnson and Ruth W. Johnson
Johnson Family Revocable Trust
$5.53
7151
$9,886.26
$9,886.26
$1.38
Total $43,724.33
►i
CITY OF
FAYETTEVILLE
ARKANSAS
November 12, 2025
Ms. Mary R. Harriell, President
Northern Properties, Inc.
748 N. Ainsworth Ave
Fayetteville, AR 72701
RE: Kessler Sewer Extension Project
Parcel No. 765-15407-003
Notification Letter
Dear Ms. Harriell,
This letter is to inform you that the agenda item regarding the Kessler Sewer Extension Project has been moved from the
November 18, 2025, City Council meeting to the December 2, 2025, meeting. If the City has not received signed easement
documents by that date, the City will submit a request for authorization to proceed with acquisition by eminent domain.
If you have any questions or wish to discuss this matter further, please contact me at (479) 444-3421
(bsamuels(a�fayetteville-ar.gov) or contact Holly Jones at (479) 444-3414 (hiones(a�fayetteville-ar.gov).
Sincerely,
Brandi Samuels
Land Agent
City of Fayetteville, Engineering Division of the Public Works Department, 125 W Mountain Street, 479-575-8206
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
lum
CITY OF
FAYETTEVILLE
ARKANSAS
October 10, 2025
Ms. Mary R. Harriell, President
Northern Properties, Inc.
748 N. Ainsworth Ave
Fayetteville, AR 72701
RE Kessler Sewer Extension Project
Parcel No. 765-15407-003
Notification Letter
Dear Ms. Harriell,
As you are aware, the City of Fayetteville is improving the sanitary sewer connection along Cato Springs Road near Kessler
Mountain Regional Park. These improvements will include the construction of a new lift station. Most of this work will be
done in existing right of way where possible but some areas may require a small amount of permanent utility easement or
a temporary construction and grading easement 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 previously extended an offer of $33,838.07 for a 24,476 square foot permanent sewer easement.
Because negotiations have not been successful and in order to remain on schedule, this matter is being referred to the City
Attorney's Office for acquisition through eminent domain Therefore, if we do not receive signed documents by the
November 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 be advised that negotiations may continue throughout this process. Enclosed is a pamphlet outlining the
condemnation process, including your rights and responsibilities.
Should you choose to accept this offer, the enclosed Sewer Easement must be executed by all individuals or entities holding
a current ownership interest in the property. The completed easement must be notarized and returned to the City of
Fayetteville. If needed, a City Land Agent is available to witness and notarize the execution of the easement upon request
Please contact our office to arrange this service. Upon receipt of the fully executed and notarized easement, a request for
payment will be initiated. Payment is typically processed within approximately three weeks from the date all required
documents are received. To facilitate payment, please provide either a Social Security Number or a Tax Identification
Number (for corporations) A W-9 form has been included for your convenience.
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 Brandi Samuels at (479) 444-3421 (bSalIWels(a)fayetteville-ar gov) or Holly
Jones at (479) 444-3414 (fiiones(cDfayettevllle-ar.gov). If technical questions arise, the City Land Agents will involve project
engineers or city utility staff, of needed.
Sincerely,
7 k44-
Tim Nyander, Utilities Director
TN/bs
Enclosure
City of Fayetteville, Engineering Division of the Public Works Department, 125 W Mountain Street, 479-575-8206
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Project: Kessler Sewer Extension
Parcel No. 765-15407-003
SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Northern Properties, Inc., an Arkansas corporation, hereinafter
called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby GRANT, SELL and CONVEY unto the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE,
and unto Grantee's successors and assigns, a permanent easement to construct,
lay, remove, relay, inspect, enlarge and/or operate a 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 97-26483)
Part of the SYz of the N% of Section 30 and Part of the SWY4 of the NW% of Section 29, all in T-16-N, R-30-W
described as beginning at the SW Corner of the SWY4 of the NWY4 of Section 29; thence N88°48'09"W 4452.10
feet to a found iron pin, being the SW of the West 40 acres of the SYz of the Fractional NWY4 of said Section 30;
thence N0049'38"E 1333.25 feet to a found iron pin; thence S88040'58"E 1861.31 feet to a found iron pin; thence
S88040'58"E 1308.98 feet to a set iron pin; thence S88022'53"E 1222.43 feet to a set iron pin; thence along an
existing fence the following bearings and distances: S11019'56"W 181.26 feet, S35036'28"E 122.41 feet,
S66010'33"E 21.77 feet, S33042'09"E 78.31 feet, S1°36'13"E 94.32 feet, S84°57'45"E 15.30 feet, S14°03'55"E
24.10 feet, S65018'12"E 93.25 feet, S75028'53"E 143.79 feet, N78°47'00"E 288.43 feet, N4000'20"E 13.83 feet,
N67039'47"E 236.39 feet; thence leaving said fence S76°17'13"E 182.21 feet; thence N12011'00"E 339.69 feet;
thence along the right-of-way of U.S. Hy. 71 Relocation S82°18'27"E 227.73 feet; thence S7°54'50"E 295.06 feet;
thence S9020'04"W 944.19 feet; thence leaving said right-of-way N88*25'13"W 1171.01 feet to the point of
beginning, containing 162.31 acres, more or less, Washington County, Arkansas. Said tract having rights of mutual
use and subject to use by others in and to a 50 foot road easement described as beginning at a point which is
S88013'25"E 1023.21 feet and S0057'12"W 62.75 feet from the NW Corner of the SWY4 of the NWY4 of Section 29,
T-16-N, R-30-W; thence S12011'00"W 339.69 feet; thence S77°49'00"E 50.00 feet; thence N12°11'00"E 343.62
feet; thence N82018'27"W 50.16 feet to the point of beginning.
PERMANENT EASEMENT DESCRIPTION:
A PART OF THE SW/4 OF THE NW/4 OF SECTION 29 TOWNSHIP 16 NORTH, RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS. MORE PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF THE SW/4 OF THE NW/4 OF SECTION 29 TOWNSHIP 16 NORTH,
RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS; THENCE ALONG THE SOUTH LINE OF SAID SW/4
SOUTH 86°58'10" EAST A DISTANCE OF 160.34 FEET TO THE POINT OF BEGINNING; THENCE
DEPARTING SAID SOUTH LINE NORTH 22°57'18" EAST A DISTANCE OF 867.19 FEET; THENCE NORTH
77053'12" EAST A DISTANCE OF 113.02 FEET; THENCE NORTH 59°29'19" EAST A DISTANCE OF 75.25
FEET TO A POINT ON THE NORTHERN LINE OF SAID PROPERTY; THENCE ALONG SAID NORTH
PROPERTY LINE NORTH 69°06'26" EAST A DISTANCE OF 98.81 FEET; THENCE NORTH 71007'03" EAST A
DISTANCE OF 74.33 FEET TO A POINT ON THE NORTHERN PROPERTY LINE OF SAID PARCEL; THENCE
ALONG SAID BOUNDARY SOUTH 74°50'34" EAST A DISTANCE OF 35.73 FEET; THENCE SOUTH 71007'06"
WEST A DISTANCE OF 183.80 FEET; THENCE SOUTH 59°29'19" WEST A DISTANCE OF 93.65 FEET;
THENCE SOUTH 77053'12" WEST A DISTANCE OF 105.86 FEET; THENCE SOUTH 22°57'18" WEST A
DISTANCE OF 849.54 FEET TO A POINT ON THE SOUTHERN PROPERTY LINE OF SAID PARCEL; THENCE
CONTINUING ALONG SAID BOUNDARY NORTH 86°58'10" WEST A DISTANCE OF 21.27 FEET TO THE
POINT OF BEGINNING. CONTAINING 24,476 SQ. FT. OR 0.56 ACRES MORE OR LESS SUBJECT TO ANY
AND ALL EASEMENTS OF RECORD OR FACT.
PROPOSED UTILITY EASEMENT SHALL BE EXTENDED OR REDUCED TO THE EXISTING BOUNDARY
LINE AS SHOWN ON EXHIBIT B.
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 SIIch 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 _ 2025
NORTHERN PROPERTIES, INC., an Arkansas corporation
By:
Mary R. Harriell, 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 Mary R. Harriell, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that she is the President of Northern Properties,
Inc., an Arkansas corporation, and is duly authorized in her capacity to execute the foregoing instrument for and in the
name and behalf of said corporation, and further stated and acknowledged that she had so signed, executed and
delivered said instrument for the consideration, uses and purposes therein mentioned and set forth
WITNESS my hand and seal on this day of , 2025
MY COMMISSION EXPIRES:
Notary
I
PARCEL: 765-15407-005
OWNER: PARKER, LINDSAY
DEED: 2014-29735
I
PARCEL:
001-11279-002
OWNER: JOHNSON
FAMILY REVOCABLE
EXHIBIT "B"
98.81'
TRUST I N59'29'19"E 75.25'
DEED: 97-49118 I N7753'12'E 113.02'
I
PARCEL 765-15407-006
OWNER: DE LOS A GELES, STEFANIE
D D: 2022-21563
S59'29'19"W 93.65'
I PARCEL 765-15407-007 S7753'12"W 105.86'
OWNER: JOHNSON FAMILY
REVOCABLE TRUST
DEED: 97-49118
I
o�
SON
m
``' PARCEL: 765-15407-003
31 y OWNER: NORTHERN PROPERTIES INC
DEED: 97-26483
P.O.B. UTILITY ESMT.
S86-58-10-E 160.�4' -1
/ N86'58'10'W 21.27'
I
WPO9,
SW COR., SWt NWj
T-16-N. R-30-W
UTILITY
EASEMENT
I
GRAPHIC SCALE IN FEET
200' 0 200'
THIS EASEMENT SKETCH IS A REPRESENTATION OF THE SIZE,
SHAPE, AND LOCATION OF THE EASEMENT WHICH IT IS
ATTACHED; THIS DRAWING IS NOT A PLAT OF SURVEY.
LINE SW/4, NW/4
BASIS OF ERRING: ARKANSAS STATE PLANE
COORDINATE SYSTEM, NORTH ZONE, NAD 83
HORIZONTAL DATUM AND NGVD 29 VERTICAL DATUM
DETERMINED BY GPS OBSERVATION ON THE CITY OF
FAYETTEVILLE CONTROL MONUMENTS USING THEIR
PUBLISHED VALUES.
23100800
DRAWN BY: JDATE:
T. VAN DINE 04/24/2025
1 OF 1 I L.JOST
300 N College Ave., Suite 317
Fayetteville, Arkansas 72703
4�' Crafton Tull
479.636.4838 I
www,craftontull,com
EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of 22.65 acres of mixed use land.
betore the Acquisition
986,634
SgFt - Land
Acquisition Area
Permanent Easement
24,476
SgFt - Land
After the Acquisition
962,158
SgFt - Land (Remainder)
24,476
16
SgFt -Land (Residual)
$ 4,066,371
Value Before the Acquisition
4,041,152
Value After the Acquisition
25,200
Permanent Easements (WSE of
0.56 acres or 24,476 SgFt). The
WSE grants underground pipe
burial and restricts permanent
construction above the
easement area. See easement
description in the addenda for
other details.
See mapping for specific
locations. The permanent
eastment has minimal impact on
the subject use. We assume
any existing improvements
(parking, paving, driveways,
sidewalks, lawn) will be
repaired by the city.
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
property does not appear to be
affected by the permanent
easement, and the client
assures us the owners will
continue to have access and use
of the property.
APPRAISERS:
Zach J Holland, AR CG 2911
v
Northern Properties Inc, Water and Sewer Easements, Fayetteville, AR
►i
CITY OF
FAYETTEVILLE
ARKANSAS
November 12, 2025
Ms. Ruth W. Johnson
Johnson Family Revocable Trust
2390 W. Summerhouse Lane
Fayetteville, AR 72701
RE: Kessler Sewer Extension Project
Parcel No. 765-15425-000
Offer Letter
Dear Ms. Johnson,
This letter is to inform you that the agenda item regarding the Kessler Sewer Extension Project has been moved from the
November 18, 2025, City Council meeting to the December 2, 2025, meeting. If the City has not received signed easement
documents by that date, the City will submit a request for authorization to proceed with acquisition by eminent domain.
If you have any questions or wish to discuss this matter further, please contact me at (479) 444-3421
(bsamuels@fayetteville-ar.gov) or contact Holly Jones at (479) 444-3414 (hjones@fayetteville-ar.gov).
Sincerely,
Brandi Samuels
Land Agent
City of Fayetteville, Engineering Division of the Public Works Department, 125 W Mountain Street, 479-575-8206
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Win
CITY OF
FAYETTEVILLE
ARKANSAS
October 2, 2025
H.B. Johnson and Ruth W. Johnson
Johnson Family Revocable Trust
2390 W. Summerhouse Lane
Fayetteville, AR 72701
RE: Kessler Sewer Extension Project
Parcel No. 765-15425-000
Offer Letter
Dear Mr. and Mrs. Johnson,
As you are aware, the City of Fayetteville is improving the sanitary sewer connection along Cato Springs Road near Kessler
Mountain Regional Park. These improvements will include the construction of a new lift station. Most of this work will be
done in existing right of way where possible but some areas may require a small amount of permanent utility easement or
a temporary construction and grading easement 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 previously extended an offer of $9,886.26 for a 7,151-square-foot permanent sewer easement.
Following that offer, an appraisal was obtained, which valued the easement at $9,400.00. Despite this lower valuation, the
City is maintaining its original offer amount.
Because negotiations have not been successful and in order to remain on schedule, this matter is being referred to the City
Attorney's Office for acquisition through eminent domain. Therefore, if we do not receive signed documents by the
November 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 be advised that negotiations may continue throughout this process. Enclosed is a pamphlet outlining the
condemnation process, including your rights and responsibilities.
Should you choose to accept this offer, the enclosed Sewer Easement must be executed by all individuals or entities holding
a current ownership interest in the property. The completed easement must be notarized and returned to the City of
Fayetteville. If needed, a City Land Agent is available to witness and notarize the execution of the easement upon request.
Please contact our office to arrange this service. Upon receipt of the fully executed and notarized easement, a request for
payment will be initiated. Payment is typically processed within approximately three weeks from the date all required
documents are received. To facilitate payment, please provide either a Social Security Number or a Tax Identification
Number (for corporations). A W-9 form has been included for your convenience.
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 Brandi Samuels at (479) 444-3421 (bsamuels(cD-fayetteville-ar.gov) or Holly
Jones at (479) 444-3414 (hjones(d�fayetteville-ar.gov). If technical questions arise, the City Land Agents will involve project
engineers or city utility staff, as needed.
Sincerely,
I
Tim Nyander, Utilities Director
TN/bs
Enclosure
City of Fayetteville, Engineering Division of the Public Works Department, 125 W Mountain Street, 479-575-8206
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Project: Kessler Sewer Extension
Parcel No. 765-15425-000
SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT H.B. Johnson and Ruth W. Johnson, Trustees of the Johnson
Family Revocable Trust dated February 2, 2005, 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 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 2005-5318 — Tract 4)
The Northwest Quarter of the Northwest Quarter of Section Twenty -Nine (29), except two (2) acres, more or less in
the Southeast corner of said forty acre tract, the East Half of the Northeast Quarter of the Northeast Quarter,
containing twenty (20) acres and the South One -Fourth of the West Half of the Northeast Quarter of the Northeast
Quarter, containing five (5) acres, in Section Thirty (30), all in Township Sixteen (16) North of Range Thirty (30)
West, containing in all sixty-three (63) acres, more or less.
PERMANENT EASEMENT DESCRIPTION:
A PART OF NW/4 OF THE NW/4 OF SECTION 29 TOWNSHIP 16 NORTH, RANGE 30 WEST 5TH PRINCIPAL
MERIDIAN, WASHINGTON COUNTY ARKANSAS ACCORDING TO THE DEED THEREOF RECORDED IN
BOOK 2005 PAGE 5318, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW
CORNER OF THE NWA OF SECTION 29 TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS; THENCE ALONG THE NORTH LINE OF SAID NW/4 AND THE PROPERTY BOUNDRY
SOUTH 87003'36" EAST A DISTANCE OF 547.32 FEET; THENCE CONTINUING ALONG THE PROPERTY
BOUNDARY THE FOLLOWING TWO COURSES: THENCE SOUTH 01°19'56" EAST A DISTANCE OF 312.30
FEET; THENCE SOUTH 87°03'36" EAST A DISTANCE OF 379.21 FEET TO A POINT ON THE WESTERLY
LINE OF AN EXISTING UTILITY EASEMENT PER 1323-793; THENCE CONTINUING ALONG SAID
WESTERLY EASEMENT LINE SOUTH 05°40'09" WEST A DISTANCE OF 57.77 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY EASEMENT LINE THE FOLLOWING TWO
COURSES: SOUTH 05°40'30" WEST A DISTANCE OF 501.39 FEET; THENCE SOUTH 00°53'48" EAST A
DISTANCE OF 340.72 FEET; THENCE NORTH 02°57'05" WEST A DISTANCE OF 328.29 FEET; THENCE
NORTH 05°42'09" EAST A DISTANCE OF 515.31 FEET; THENCE SOUTH 84°13'28" EAST A DISTANCE OF
10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7,151 SQ. FT. OR 0.17 ACRES MORE OR LESS.
SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT.
PROPOSED UTILITY EASEMENT SHALL BE EXTENDED OR REDUCED TO THE EXISTING BOUNDARY
LINE AS SHOWN ON EXHIBIT B.
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.
SEWER EASEMENT
Page 2
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 2025.
H.B. Johnson, Trustee of the Johnson Family Ruth W. Johnson, Trustee of the Johnson Family
Revocable Trust dated February 2, 2005 Revocable Trust dated February 2, 2005
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 H.B. Johnson and Ruth W. Johnson, to me well known as
the persons who executed the foregoing document, and who stated and acknowledged that they are Trustees of the
Johnson Family Revocable Trust dated February 2, 2005, and are duly authorized in their capacities as Trustees to
execute the foregoing instrument for and in the name and behalf of said Trust, 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
EXHIBIT "B"
PARCEL: 765-04070-000
OWNER: POOL, RICHARD W SR;
POOL, JON
DEED: 94-4977
S87'03'36"E 547.
I
CV
—
P.O.C. NW COR., NWj SEC. 29,
M
PARCEL: 765-15425-002
T-16-N. R-30-W
OWNER: WESTERN HILLS
/
0
SOUTHERN BAPTIST
3
r
N
/z
w
zl
JI
S87'03'36"E 379.21'
I3
S8413'28"E 10.00'
S5'40'09"W 57.77'
PARCEL: 765-15425-000
OWNER: JOHNSON FAMILY
P.O.B. U11UTY ESMT.
REVOCABLE TRUST
I
/
N5'42'09"E 515.31'
I
S5'40'30"W 501.39'
I
3
I / r
I
ELECTRIC EASEMENT /
NO WIDTH GIVEN, JUST CENTERLINE
PER 641-252
N2'57'05"W 328.29' /
I
BASIS OF BEARING: ARKANSAS STATE PLANE /
COORDINATE SYSTEM, NORTH ZONE, NAD 83 /
HORIZONTAL DATUM AND NGVD 29 VERTICAL DATUM
DETERMINED BY GPS OBSERVATION ON THE CITY OF
FAYETTEVILLE CONTROL MONUMENTS USING THEIR /
PUBLISHED VALUES.
W SUMMERHOUSE LN /
I
I
I
I UTILITY EASEMENT
THIS EASEMENT SKETCH IS A REPRESENTATION OF THE SIZE,
SHAPE, AND LOCATION OF THE EASEMENT WHICH IT IS
ATTACHED; THIS DRAWING IS NOT A PLAT OF SURVEY.
GRAPHIC SCALE IN FEET
200'
200'
PARCEL: 765-15407-005
/OWNER: PARKER, LINDSAY
DEED: 2015-29735
40' WATER & SEWER
RIGHT-OF-WAY
PER 1323-793
SO'53'48"E 340.72'
M.
PARCEL: 765-15407-001
OWNER: ARKANSAS STATE
HIGHWAY COMM
DEED: 1279-391
OJECT NO.:
300 N College Ave., Suite 317
231 00800 Fayetteville, Arkansas 72703
'AWN BY: DATE:
T. VAN DINE 04/24/2025 C ra fto n Tull
EET: CHECKED:
1 OF 1 L.JOST 479.636.4838 t
www.craftontull.com
EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of a 2,566 SgFt single-family home on
26.49 acres of mixed use land.
Johnson Family
Revocahle Trust
KMt--14; Kesidentlal MR
Family / R-A; Residential
betore the Acquisition
1,153,904
SgFt - Land
Acquisition Area
Permanent Easement
7,151
SgFt - Land
After the Acquisition
1,146,753
SgFt - Land (Remainder)
7,151
SgFt - Land (Residual)
CONCLUSIONS
$ 5,090,000
Value Before the Acquisition
$ 5.080,560
Value After- the Acquisition
9,400
Total Value Impact of the Acquisition
Permanent Easements (WSE of
0.16 acres or 7,151 SgFt). The
WSE restricts permanent
construction above the
easement area.
See mapping for specific
locations. The permanent
eastment has minimal impact on
the subject improvements. We
assume any existing
improvements (parking, paving,
driveways, sidewalks, lawn) will
be repaired by the city.
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 the owners will
continue to have access and use
of the property.
APPRAISERS:
Zach J Holland, AR CG 2911
Dallas Bartholomew, AR RA 4412
v
Johnson Revocable Trust, Water and Sewer Easements, Bentonville, AR