HomeMy WebLinkAbout173-26 RESOLUTION
Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 173-26
File Number: 2026-2261
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND
POSSESSION OF CERTAIN LANDS OWNED BY INDIVIDUALS NEEDED FOR THE SOUTH SCHOOL
WATER LINE BOTTLENECK PROJECT
WHEREAS, the City of Fayetteville has been unable to negotiate the acquisition of easements on two properties
needed to complete the South School Water Line Bottleneck 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 two properties located on or near the South School Water Line Bottleneck Project and
owned by Brenda Thuruvan and Verena Thuruvan, also known as Brenda Thuruvan-Willis and Verena Thuruvan-
Willis, that are needed for permanent water/sewer easements and for temporary construction and grading easements for
the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $7,400.00.
PASSED and APPROVED on July 21, 2026
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
___________________________________
Courtney Spohn, Senior Deputy City Clerk Treasurer
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-2261
MEETING OF JULY 21, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
FROM: Tim Nyander, Utilities Director
SUBJECT: Easement Condemnations for South School Water Line Bottleneck 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 South School Waterline Bottleneck
Project.
BACKGROUND:
The South School Waterline Bottleneck project will upgrade a section of existing 8-inch diameter waterline to
12-inch diameter. The waterline is along South School Avenue from approximately West Hops Drive to Sunrise
Mountain Road, in the general vicinity of the Fulbright Expressway Interchange.
The majority of the necessary easements have been negotiated and acquired. However, there are three tracts
(two total owners) remaining that will require orders of possession for the project to proceed with bidding this
summer. This is due to lack of response to mail, email, and phone calls.
DISCUSSION:
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 System Rehabilitation account. The agenda item
staff review form indicates $13,200.00 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 possession of the easements.
ATTACHMENTS: 3. Staff Review Form, 4. Attachments
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
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City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-2261
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION
AND POSSESSION OF CERTAIN LANDS OWNED BY INDIVIDUALS NEEDED FOR THE
SOUTH SCHOOL WATER LINE BOTTLENECK PROJECT
WHEREAS, the City of Fayetteville has been unable to negotiate the acquisition of easements on
two properties needed to complete the South School Water Line Bottleneck 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 two properties located on or near the South
School Water Line Bottleneck Project and owned by Brenda Thuruvan and Verena Thuruvan, also
known as Brenda Thuruvan-Willis and Verena Thuruvan-Willis, that are needed for permanent
water/sewer easements and for temporary construction and grading easements for the Project, and to pay
into the registry of the Circuit Court just compensation in the amount of $7,400.00.
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
City of Fayetteville Staff Review Form
2026-2261
Item ID
7/21/2026
City Council Meeting Date - Agenda Item Only
N/A for Non-Agenda Item
Tim Nyander 6/30/2026 WATER SEWER (720)
Submitted By 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 South School Waterline Bottleneck Project.
Budget Impact:
5400.720.5600-5810.00 Water and Sewer
Account Number Fund
12009.1 Water System Rehabilitation/Replacement
Project Number Project Title
Budgeted Item?Yes Total Amended Budget $7,263,679.00
Expenses (Actual+Encum)$4,064,369.17
Available Budget $3,199,309.83
Does item have a direct cost?Yes Item Cost $13,200.00
Is a Budget Amendment attached?No Budget Amendment $-
Remaining Budget $3,186,109.83
Purchase Order Number:Previous Ordinance or Resolution #
Change Order Number:Approval Date:
Original Contract Number:
Comments:
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
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EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of 0.64 acres of commercial land. The
city is relocating water and sewer easements along this corridor. See mapping for specific
locations. 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 WSE restricts permanent
structures above the easement
area.
APPRAISERS:
Zach J Holland, AR CG 2911
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
This Instrument Prepared By: Land Agent’s Office of the City of Fayetteville, Arkansas 113 W Mountain St Fayetteville, AR 72701 South School Water Main Parcel No. 765-10813-000 & 765-10814-000 Tract 9 WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS: THAT Brenda Thuruvan Willis and Verena Thuruvan Willis, 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, unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a 12-inch water and/or sanitary sewer pipe line or lines, manholes, grantee owned fiber optic equipment and appurtenances thereto, grantee on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to-wit: PROPERTY DESCRIPTION: (Administrator’s Deed: 2011-29816) Part of Lots 2, 3, 6 & 7, Block 2, J.W. Skelton Subdivision to the City of Fayetteville, Arkansas, as shown on plat of record in plat book 4, at page 134, plat records of Washington County, Arkansas, being more particularly described as follows: Beginning at a point that is West 740 feet, N 00°03'11'' E, 363 feet and N68°11'25'' W, 81.69 feet from the SE corner of the SE 1/4 of the SW 1/4 of Section 28, T-16-N, R-30-W, also being the SE corner of Lot 11, Block 2 of said J.W. Skelton Subdivision, said point of beginning being in the centerline of a creek; thence South and West along said centerline the following: S 00°13'18” W, 44.0 feet; s 46°10'36” W, 109.73 feet; N 88°22'52” W, 215.86 feet; N 84°13'32" W,202.4 feet to the East Right-of-Way line of U.S. Highway No. 71 (South School Street); thence Northerly along said Right-of-Way the following: N 01°05'28" E, 50.0 feet; thence North 88°54'22" W, 10.0 feet, North 1°05'28” E, 50.0 feet; thence leaving said Right-of-Way S 89°14'40” E, 504.62 feet to the point of beginning, containing 1.254 acres, more or less. PERMANENT EASEMENT DESCRIPTION: Part of Lots 2 and 3 in Block 2 of JW Skelton’s Subdivision, Washington County, Arkansas, as shown in Plat Book 4, Page 134, and being more particularly described as follows: Commencing at the SE Corner of Lot 5 in said Block 2; thence N 02°49'06" E 363.00 feet; thence N 65°20'05" W 81.32 feet to the Grantor’s northeast corner; thence along the Grantor’s north line, N 86°27'45" W 472.34 feet to the Point of Beginning (POB ESMT); thence leaving said north line, S 04°15'29" W 102.03 feet to the Grantor’s south line; thence along said south line, N 81°24'23" W 9.24 feet to the east line of an existing easement as described in Water and Sewer Easement Deed 779-142; thence leaving said south line along said easement line, N 04°18'03" E 60.18 feet; thence along east line of an existing easement as described in Water and Sewer Easement Deed 779-138, N 04°15'21" E 41.04 feet to said north line; thence along said north line S 86°27'45" E 9.17 feet to the POB ESMT, containing 934 sq. ft., or 0.02 acres. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: Part of Lots 2 and 3 in Block 2 of JW Skelton’s Subdivision, Washington County, Arkansas, as shown in Plat Book 4, Page 134, and being more particularly described as follows: Commencing at the SE Corner of Lot 5 in said Block 2; thence N 02°49'06" E 363.00 feet; thence N 65°20'05" W 81.32 feet to the Grantor’s northeast corner; thence along the Grantor’s north line, N 86°27'45" W 462.34 feet to the Point of Beginning (POB TCE); thence leaving said north line, S 04°14'54" W 102.92 feet to the Grantor’s south line; thence along said south line, N 81°24'23" W 10.05 feet; thence leaving said south line N 04°15'29" E 102.03 feet to said north line; thence S 86°27'45" E 10.00 feet to the POB TCE, containing 1,026 sq. ft., or 0.02 acres. 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.
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
WATER/SEWER EASEMENT Page 2 of 3 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 , 2026. Brenda Thuruvan Willis Verena Thuruvan Willis [spouse of Brenda Thuruvan Willis, if any] [spouse of Verena Thuruvan Willis, if any]
A C K N O W L E D G M E N T 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 Brenda Thuruvan Willis and her spouse , if any, to me well known as the person/s who executed the foregoing document, and who stated and acknowledged that he/she/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 , 2026. MY COMMISSION EXPIRES Notary Public
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
WATER/SEWER EASEMENT Page 3 of 3
A C K N O W L E D G M E N T 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 Verena Thuruvan Willis and her spouse , if any, to me well known as the person/s who executed the foregoing document, and who stated and acknowledged that he/she/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 , 2026. MY COMMISSION EXPIRES: Notary Public
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
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EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of a 1021 SqFt single family home or
office on 0.5 acres of commercial land. The city is relocating water and sewer easements along
this corridor.
See mapping for specific locations. They have minimal impact on the subject improvements. Any
existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the
grantee.
After the acquisition, the
property rights in the permanent
easement acquisition area will be
split between the owner and the
city. The continued use of the
building does not appear to be
affected by the permanent
easement, and the client assures us
that owners and customers will
continue to have access and use of
the parking and building during
construction.
The WSE restricts permanent
structures above the easement area.
APPRAISERS:
Zach J Holland, AR CG 2911
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
This Instrument Prepared By: Land Agent’s Office of the City of Fayetteville, Arkansas 113 W Mountain St Fayetteville, AR 72701 South School Water Main Parcel No. 765-10812-000 Tract 10 WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS: THAT Brenda Thuruvan Willis and Verena Thuruvan Willis, 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, unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a 12-inch water and/or sanitary sewer pipe line or lines, manholes, grantee owned fiber optic equipment and appurtenances thereto, grantee on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to-wit: PROPERTY DESCRIPTION: (Administrator’s Deed: 2011-26554) A part of Lots Two (2), Three (3), Six (6) and Seven (7) in Block Two (2) of the J.W. Skelton Subdivision to the City of Fayetteville, Arkansas, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, being more particularly described as follows: Beginning at a point that is West 740 feet, North 0 degrees 03'11" East 363 feet from the Southeast corner of the SE 1/4 of the SW 1/4 of Section 28, Township 16 North, Range 30 West, also being the Southeast corner of Lot Eleven (11) in Block Two (2) of said J.W. Skelton Subdivision, said point of beginning being in the centerline of a creek; thence with said centerline North 68 degrees 11' 25" West 81.69 feet; thence leaving said centerline North 89 degrees 14' 40” West 504.62 feet to the East Right of-Way line of U.S. Highway No. 71 (South School Street); thence Northerly along said Right-of-way the following: North 1 degrees 05'28" East 25.0 feet, North 0 degrees 41' East 75.0 feet; thence leaving said Right-of-way East 580.0 feet to the East line of said Lot Seven (7) in Block Two (2); thence South 0 degrees 41'21" West 75.0 feet along said East line; thence South 0 degrees 03'11" West 62.0 feet to the Point of Beginning, containing 1.408 acres, more or less. PERMANENT EASEMENT DESCRIPTION: Part of Lot 2 in Block 2 of JW Skelton’s Subdivision, Washington County, Arkansas, as shown in Plat Book 4, Page 134, and being more particularly described as follows: Commencing at the NE Corner of Lot 7 in said Block 2; thence along the Grantor’s north line, N 86°51'55" W 551.79 feet to the Point of Beginning (POB ESMT); thence leaving said north line, S 03°41'40" W 100.45 feet to the Grantor’s south line; thence along said south line, N 86°27'45" W 3.17 feet to the east line of an existing easement as described in Water and Sewer Easement Deed 779-138; thence leaving said south line along the east line of said existing easement, N 03°41'40" E 31.03 feet to the east line of an existing easement as described in Water and Sewer Easement Deed 779-442; thence along the east line of said existing easement, N 03°41'40" E 69.39 feet to the Grantor’s north line; thence along said north line, S 86°51'55" E 3.17 feet to the POB ESMT, containing 319 sq. ft., or 0.01 acres. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: Part of Lot 2 in Block 2 of JW Skelton’s Subdivision, Washington County, Arkansas, as shown in Plat Book 4, Page 134, and being more particularly described as follows: Commencing at the NE Corner of Lot 7 in said Block 2; thence along the Grantor’s north line, N 86°51'55" W 541.79 feet to the Point of Beginning (POB TCE); thence leaving said north line, S 03°41'40" W 100.52 feet to the Grantor’s south line; thence along said south line, N 86°27'45" W 10.00 feet; thence leaving said south line, N 03°41'40" E 100.45 feet to said north line; thence along said north line, S 86°51'55" E 10.00 feet to the POB TCE, containing 1,005 sq. ft., or 0.02 acres. 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.
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
WATER/SEWER EASEMENT Page 2 of 3 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 , 2026. Brenda Thuruvan Willis Verena Thuruvan Willis [spouse of Brenda Thuruvan Willis, if any] [spouse of Verena Thuruvan Willis, if any]
A C K N O W L E D G M E N T 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 Brenda Thuruvan Willis and her spouse , if any, to me well known as the person/s who executed the foregoing document, and who stated and acknowledged that he/she/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 , 2026. MY COMMISSION EXPIRES Notary Public
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
WATER/SEWER EASEMENT Page 3 of 3
A C K N O W L E D G M E N T 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 Verena Thuruvan Willis and her spouse , if any, to me well known as the person/s who executed the foregoing document, and who stated and acknowledged that he/she/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 , 2026. MY COMMISSION EXPIRES: Notary Public
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
ii
EXECUTIVE SUMMARY
Before the acquisition, the subject property consists of a 1,488 SqFt retail shop on 0.69 acres
of commercial land. The city is relocating water and sewer easements along this corridor.
See mapping for specific locations. They have minimal impact on the subject improvements. Any
existing site improvements (parking, paving, driveways, sidewalks, lawn) will be repaired by the
grantee.
After the acquisition, the
property rights in the permanent
easement acquisition area will be
split between the owner and the
city. The continued use of the
building does not appear to be
affected by the permanent
easement, and the client assures
us that owners and customers
will continue to have access and
use of the parking and building
during construction.
The WSE restricts permanent
structures above the easement
area.
APPRAISERS:
Zach J Holland, AR CG 2911
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
This Instrument Prepared By: Land Agent’s Office of the City of Fayetteville, Arkansas 113 W Mountain St Fayetteville, AR 72701 South School Water Main Parcel No. 765-10810-000 Tract 12 WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS: THAT Gorkha Arcade 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 12-inch water and/or sanitary sewer pipe line or lines, manholes, grantee owned fiber optic equipment and appurtenances thereto, grantee on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to-wit:
PROPERTY DESCRIPTION: (Warranty Deed: 2024-4395) Tract 2: Part of Lot Numbered One (1) in Block Numbered Two (2) of Skelton's Subdivision of the Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) and the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section 28, Township 16 North, Range 30 West, as shown by the plat of subdivision on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, being more particularly described as follows: Beginning at a point 85 feet West of the Northeast corner of said lot and running thence West 205 feet; thence South 150 feet; thence East 205 feet; thence North 150 feet to the point of beginning. Less and Except that portion sold to the Arkansas State Highway Commission, recorded in Book 772 at Page 55 of the records of Washington County, Arkansas and being more particularly described as follows: part of Lot 1, Block 2 in J.W. Skelton's Subdivision to the City of Fayetteville, Washington County, Arkansas more particularly described as follows: starting at the Southeast corner of Lot 1, Block 2, in J.W. Skelton's Subdivision to the City of Fayetteville as surveyed by the Arkansas State Highway Commission; thence South 89°44' West along the south line of said Lot 1, a distance of 285.6 feet to a point on the proposed easterly right-of-way line of U.S. Highway 71 for the point of beginning; thence continue South 89°44' West a distance of 10.00 feet to a point on the existing easterly right-of-way line of said highway; thence North 00°08' East along said existing right-of-way line a distance of 148.8 feet to a point; thence North 89°15' East a distance of 10.00 feet to a point on the proposed easterly right-of-way of said highway; thence South 00°08' West along the said proposed right-of-way line a distance of 148.9 feet to the point of beginning and containing 1,489 square feet, more or less. PERMANENT EASEMENT DESCRIPTION: Part of Lot 1 in Block 2 of JW Skelton’s Subdivision, Washington County, Arkansas, as shown in Plat Book 4, Page 134, and being more particularly described as follows: Commencing at the SE Corner of Lot 8 in said Block 2; thence along the south line of lots 8 and 1 in said Block 2, N 86°51'55" W 552.31 feet to the Point of Beginning (POB ESMT); thence continuing along said south line, N 86°51'55" W 2.66 feet; thence leaving said south line, N 02°52'36" E 150.47 feet to the southerly Right-of-Way (ROW) of Skelton St; thence along said ROW, S 86°56'55" E 2.66 feet; thence leaving said ROW S 02°48'44" W 64.99 feet; thence S 02°55'31" W 85.48 feet to the POB ESMT, containing 405 sq. ft., or 0.01 acres. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: Part of Lot 1 in Block 2 of JW Skelton’s Subdivision, Washington County, Arkansas, as shown in Plat Book 4, Page 134, and being more particularly described as follows: Commencing at the SE Corner of lot 8, block 2 of JW Skelton’s Subdivision; thence along the south line of lots 8 and 1 of said block, N 86°51'55" W 542.31 feet to the Point of Beginning (POB TCE); thence continuing along said south line, N 86°51'55" W 10.00 feet; thence leaving said south line, N 02°55'31" E 85.48 feet; thence N 02°48'44" E 64.99 feet to the southerly Right-of-Way (ROW) of Skelton St; thence along said ROW, S 86°56'55" E 10.00 feet; thence leaving said ROW, S 02°48'43" W 64.96 feet; thence S 02°55'31" W 85.53 feet to the POB TCE, containing 1,505 sq. ft., or 0.03 acres. 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.
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
WATER/SEWER EASEMENT Page 2 of 2
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 because of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of , 2026.
GORKHA ARCADE LLC, an Arkansas limited liability company
BY: Hom Poudel, Member
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 Hom Poudel, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Member of Gorkha Arcade 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 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 , 2026.
MY COMMISSION EXPIRES:
Notary Public
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2