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HomeMy WebLinkAboutOrdinance 4167 ORDINANCE NO. 4167 AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE CITY TO OBTAIN A DRAINAGE/GENERAL UTILITY EASEMENT FOR THE BOARDWALK DRAINAGE IMPROVEMENT PROJECT FROM NANCY WIT LEWIS AND ROBERT LEWIS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: S�ctiQul. That the City Council authorizes and directs the city attorney of the City of Fayetteville, Arkansas, to initiate legal action in order to obtain a drainage/general utility easement over, under and across property owned by Nancy Wit Lewis and Robert Lewis as described below, for the Boardwalk drainage improvement project: See Exhibit "A" attached hereto and made a part hereof. P4�S§ED AND APPROVED this 1 ' day of .Tune 1999. M, APPROVED: i10 / ' By: J Fred Hanna, Mayor �. , _ . ° ATTEST: By: 4 Heather Woodruff, City C c ord4167 Y/fol EXHIBIT "A" LEGAL DESCRIPTION PROPERTY DESCRIPTION: A part of the Southeast Quarter (SE'/.) of the Northeast Quarter (NEI/) of Section Eleven ( 11), Township 16 North of Range 30 West, being more particularly described as follows, to-wit: Beginning at the Northwest comer of said forty acre (40) tract and running thence East 461 .73 feet; thence South 00° 32' East 307.99 feet; thence West 465.9 feet, more or less, to a point which is 307. 15 feet South 00° 15' West of the point of beginning; thence North 00° 15' East 307. 15 feet to the point of beginning, containing 3.27 acres, more or less. ALSO, part of the Southeast Quarter (SE'/.) of the Northeast Quarter (NE'/.) of Section 11 , Township 16 North, Range 30 West of the 5th P.M., and being more particularly described as follows, to-wit: Beginning at a point on the North line of said 40 acre tract at a point 461 .73 feet East of the Northwest comer of said 40 acre tract; thence East along the North line thereof, 800.27 feet, to the Westerly right of way of a County Road; thence with the right of way of said road, South 22° 56' West 217.30 feet; thence South 25° 58' West 113. 11 feet; thence South 89° 28' West 663.30 feet; thence North 00° 32' West 307.99 feet, to the point of beginning, containing in all 5. 133 acres, more or less. LESS AND EXCEPT: Part of the Southeast Quarter (SE'/.) of the Northeast Quarter (NEV) of Section 11 , Township 16 North, Range 30 West of the Fifth Principal Meridian in Washington County, Arkansas, being more particularly described as follows, to-wit: Commencing at the Northwest comer of said SE'/ of the NE'I/; thence North 89° 50' 44" East 829. 11 feet to the Point of Beginning; thence North 89° 50' 44" East 430.00 feet to the West right of way of Highway 265; thence along said West right of way South 22° 56' West 217.30 feet; thence South 26° 07' 36" West 115.53 feet; thence leaving said west right of way South 89° 28' West 294.97 feet; thence North 305.43 feet to the Point of Beginning, containing 2.55 acres, more or less. PERMANENT EASEMENT DESCRIPTION: A twenty (20) foot wide permanent drainage easement across the above described property, being parallel with and contiguous to the North line of the above described property and situated on the South side thereof, being more particularly described as follows: Commencing at the Northwest comer of said SE'/. of the NE'/.; thence with the North property line, East 832.0 feet, more or less, to a point on the East property line, said point also being the Point of Beginning; thence with the North property line, West 490.51 feet; thence South 20.0 feet; thence East 490.51 feet; thence North 20.0 feet, to the Point of Beginning and containing 9,810 square feet (0.225 acre), more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A temporary construction and grading easement across the above described property, being more particularly described as follows: Commencing at the Northwest comer of said SE'/. of the NE'/.; thence East 832.0 feet, more or less, to a point on the East property line; thence with said east line, South 20.0 feet, to the Point of Beginning; thence with the South line of the above described permanent easement, West 490.51 feet; thence North 20.0 feet to the North property line; thence with said North line, West 114.40 feet; thence South 47° 57' 19" East 126.92 feet; thence East 45.0 feet; thence North 27° 54' 02" East 62.23 feet; thence East 436.54 feet to the East property line; thence with said East line, North 10.0 feet, to the Point of Beginning and containing 12,791 square feet (0.294 acre), more or less. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Ed Connell, Engineering From: Heather Woodruff, City Clerk Date: June 3, 1999 Attached is a copy of the ordinance authorizing eminent domain proceedings on property owned by the Lewis family. The original will be microfilmed and filed with the city clerk. ORDINANCE NO. 4167 LESS AND EXCEPT: Part of MICROFILMED k red to r=d b the SoutheasPQuarter (SEn) of AN ORDINANCE AUTHORIZ- the Northeast Quarter (NEn) of STATE OF ARKANSAS 16 1999 ING EMINENT DOMAIN PRO- Section 11 , Township 16 North, J U N CEEDINGS FOR THE CITY TO Range 30 West of the Fifth OBTAIN NAEPrincipal Meridien in Washing- County of Washington Ss. �YUPQINIz� rry'L�A ERAL UTILITYITY EASEMENT ton County, Arkansas, being Y� 'till 66IIllLL.f� �F FOR THE BOARDWALK more particularly described as DRAINAGE IMPROVEMENT follows, to-wit: Commencing at I, JEFF JEFFUS herebycertify that I am the publisher of THE PROJECT FROM NANCY WIT the Northwest corner of said r LEWIS AND ROBERT LEWIS. SEn of the NEn; thence North NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class 890 50' 44' East 829.11 feet to BE IT ORDAINED BY THE the Point of Beginning; thence mailing privilege, and being not less than four pages of five columns each , CITY COUNCIL OFTHE CITY North 890 50' 44' East 430.00 OF FAYETTEVILLE, feet to the West right of way of published at a fixed place of business and at fixed (daily) intervals ARKANSAS: Highway 265: thence along continuously in the City of Fayetteville, County of Washington, Arkansas for Section 1. That the Citycity an a 22° 56' West 217.30 Feet;I said West rigor of way South authorizes and directs the dry more than period of twelve months, circulated and distributed from an allorney of the City of Fayette- thence South 260 07' 36' West established place of business to subscribers and readers generally of all vile, Arkansas, to initiate legal 115.53 feet; thence leaving Said action in order to obtain a drain- west right of way South 890 28' classes in the City and County for a definite price for each copy, or a fixed age/general utility .easement West 294.97 feet; thence North. rice per annum, which rice was fixed at what is considered the value of the over, under and across proper- 305.43 feel to the Point of Be- P P P ly owned by Nancy Wit Lewis ginning, containing 2.55 acres, publication, based upon the news Value and service value it contains, that at and Robert Lewis ardwalk drain- mom or less. least fifty percent of the subscribers thereto have paid for their subscriptions below, for the nt protect: tlrain- PERMANENT EASEMENT age improvement project: DESCRIPTION: to the newspaper or Its agents or through recognized news dealers Over a hereto eExhiind ale pan attached ot. A weary (zo) foot wide period of at least six months and that the said newspaper publishes an perma- nent drainage easement across average of more than forty percent news matter. the above described property, PASSED AND APPROVED being parallel with and cantigu. this 1st day of June ous to the North line of the . I furthel certify that the legal notice attached in the matter of 1998 above described property and � /�1 t situated in the South side /1 iii /}�� h I P`1& 9� APPROVED: thereof, being more particularly e (,C/ / (� / C/ YJ described as follows: Com- mencing at the Northwest cor. By: ner of said SEn of the NEn; was published in the regular daily issue of said newspaper for Fred Henna, Mayor thence with the North property P 9 y line, East 832.0 feet, more or consecutive Insertions as f less, to a point on the East /T ATTEST: property line, said point also 9 being the Point of Beginning; The first Insertion on the day of 19 Byl thence with the North property Heather Woodruff, City Clerk line. West 490.51 feet; thence EXHIBIT -A- South 20.0 feet; thence East the second insertion on the da of 19 --- 490.51 feel; thence North 20.0 y LEGAL DESCRIPTION feet, to the Point of Beginning and containing 9.810 square PROPERTY DESCRIPTION: feet (0.225 acre), more or lessthe third Insertion on the By of 19 - A part of the Southeast Quar- TEMPORARY CONSTRUC- ter (SEn) of the Northeast TION AND GRADING the fourth insertion on the y of 19 Quarter (NEn) of Section Elev- EASEMENT DESCRIPTION: an (11 ), Township 16 North of Range 30 West, being more A temporary construction and particularly described as fol- grading easement across the lows, to-wit: Beginning at the above described property, be- r/General Manager Northwest corner of said forty ing more particularly described acre (40) tract and running as follows: Commencing at the thence East 461 .73 feet; thence Northwest corner of said SEn of Swom to and subscribed before me on this If day of South 00° 32' East 307.99 feet; the NEn; thence East 832.0 thence West 465.9 feet, more feet, more or less, to a point on �/-�/ or less, to a point which is the East property line: thence 191, 1 307.15 feet South 000 15' West with said east line, South 20.0 of the point of beginning; feet, to the Point of Beginning; . thence North 00° IS' East thence with the South line of !e!«« <.` •' ' < < �� �� 307.15 feet to the point of be. the above described permanent 1 'y r easement, West 490.51 feet: '"1"`� 01' ` r ginning, containing 3.27 acres, Notary Public more or less. thence North 20.0 feet to the t Notary PcbhC, Stflli; Of AfICaRseS t< North property line; thence with r V1rUstijll�'I(m (rOURIy t� ALSO, part of the Southeast Said North line. West 114.40 My Commission Expires: Quarter (SEn) of the Northeast feet; thence South 470 57' 19' 1 y commission 'a�N95''< Quarter (NEn) of Section 11 , East 126.92 feet: thence East t(ttttttttttttttt(((KttttttttttttlC Township 16 North, Range 30 45.0 feet; thence North 270 54' West of the 5th P.M., and being 02' East 62.23 feet; thence more particularly described as East 436.54 feet to the East Fees for Printing...................................�••• • ............$ follows, to-wit: Beginning at a property line; thence with -said •• point on the North line of said East line, North 10.0 feet, to the 40 acre tract at a point 461 .73 Point of Beginning and contain- Cost Of Proof.............................................................$ feet East of the Northwest cor- ing 12,791 square feet (0.294 ner of saitl 40 acre tract; thence acre), more or less. East along the North line there- Total..........................................................................$ of, 800.27 feet, to the Westerly right of way of a County Road; thence with the right of way of said road. South 220 56' West 217.30 feet; thence South 250 58' West 113.11 feet; thence South 890 28' West 663.30 feet; thence North 000 32' West ' 307.99 feel, to the point of be- ginning, containing in all 5.133 acres, more or less. ate . STAFF REVIEW FORM qup? X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of May 1 & 1999 MICRO Fmmim L. FROM: 4 GoddardFOgineering Public Works IW9rr...P_ .,_,_ Y ACTION REQUIRED: Passage of an ordinance authorizing the City Attorney to seek possession of certain land located at south of Boardwalk Addition, Phase III and west of Highway 265 (Crossover Road) in the City of Fayetteville, Arkansas, by the Power of Eminent Domain, in association with the required easements for the Londonderry Drainage Improvements. Such property is owned by Nancy Witt Lewis and Robert A. Lewis (Parcel No. 765- 14195-000). Contingent upon the City Council also approving Bid Number 99-49, Drainage Improvements for Boardwalk Subdivision, also presented at the May 18, 1999, Council Meeting. COST TO CITY: $ 1 .690 $ 166.81 ndonde�y Drainage Improvements oZ s1 3 tTus Request awry olect u get ihtegory eject name 0-9470-5817-00 $ 46 990 Sales�Tax Capital ceoun[ umber Funis o ate rogrP am Name 98038-30 $ 119,829 Sales Tax CIP roject um er el�tnaHi a� ance Fun BUD ET RW> Budgeted Item _ Budget Adjustment Attached ��Z ordinator Admmistrati7c Services Director CONTRACI7GRANT/LEASE REVIEW: G G AGENCY: Acco tun ana Date In at Auditor ate yt5 City - homey at1Seoor maw tomatm Purchasing Officer Date STAFF RECOMMENDATION: Have been unable to reach agreement with property owner for reasons as explained in the following memorandum. Staff recommends condemnation approval, along with an emergency clause, on this parcel such that contractor will not be delayed in initiating this project, contingent upon the City Council also approving Bib Number 9949, Drainage Improvements for Boardwalk Subdivision. t / ton eallalt: 9 Cross Reference �' tr!- ll G/ New Item: Yes _X No arlmeni Di for atl5 to 2ePrev Ord/Res #: mtsA/h�ve ces Director at4ate r � Orig Contract Date: ay r I FAYETTEVI LLE THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE DATE: April 12, 1999 TO: Charles Venable, Public Works Director THRU : Donald Bunn, Assistant Pubfc Works Director Jim Beavers, City Engineer FROM: Jill Goddard, Land Agent Sn RE: Londonderry Drainage Improvements Project No. 98038 Condemnation As the signing of a contract for implementation of this project draws near, Nancy and Robert Lewis are the only property owners who have not signed our proposed documents. Accordingly, it is necessary that the City initiate condemnation proceedings as soon as possible in order to obtain court possession of this land so as not to interfere with the construction schedule. This project is associated with the planned drainage system improvements of Boardwalk Addition, Phase III. This particular property is located south of Boardwalk Addition, Phase 111. Land is needed both for permanent and temporary drainage easements to install part of an underground piping system directing storm water drainage into the proposed improvements to the existing system within the subdivision and ultimately to the pond area north of the subdivision. Initially, Mr. and Mrs. Lewis were offered $985.00 for the conveyance of rights associated with a twenty foot wide permanent drainage easement (9,810 square feet) and $705.00 for the rental of the land associated with a ten foot wide temporary construction and grading easement (12,791 square feet), for a total offer amount of $1 ,690.00. This offer was presented and explained by Holly Jones, Field Services Company, the City's contractual representative, and Jill Goddard, Land Agent. (See attached case history. ) Mr. and Mrs. Lewis have been reluctant to sign as they view this project as a detriment to the future development of their property and would prefer to somehow confine any drainage improvements to Boardwalk Addition. However, it has been pointed out that although there may be some wide utility and drainage easements across the back edge of some future lots, they probably wouldn't need to create a separate drainage area for their development. This is a much needed and requested project as the existing drainage system has shown to be inadequate. CASE HISTORY Nancy Witt Lewis Londonderry Drainage Project 9-30-98 Date of Offer Letter. $1 ,690.00 offered for Permanent Easement and Temporary Construction Easement. Packet including offer letter, easement document, and drawings prepared. 10. 6-98 Holly Jones, Field Services Company, contractual representative for City of Fayetteville, started contacting property owners on this project. 10-12-98 Meeting with Robert Lewis (husband of Nancy Lewis), Holly Jones, and Jill Goddard to discuss project. Mr. Lewis said he had to meet with accountant and lawyer. He had questions regarding hooking up utilities of future development to those currently in Boardwalk Addition, Phase III . This does note appear to be a problem, but will need to check with Engineering. Over next 2-3 weeks, Ms. Jones contacted the Lewises several times checking on status. Mr. Lewis apparently out of town much of this time. Nov. 1998 First 3 weeks in November, 1998, Ms. Jones called Mr. Lewis every few days--usually leaving message. Was told several times that she'd have documentation by the "end of the week". 11 -23-98 Message from Ms. Jones. Mr. Lewis (after talking to attorney and developer) apparently has questions regarding drainage situation on rest of their property. Wants to talk to Alett Little, Planning Director, before signing. 11 -24-98 Meeting regarding Stonegate (formerly referred to as Marvin Gardens)--new development immediately west of Lewis property. Dave Jorgensen, engineer, has verbally cleared with Mr. Lewis the easement they need across his property for the Stonegate development. Lewis apparently does not have plans of proceeding with any development of his own at this time. However, Stonegate plans have been designed to easily tie in to any future development of Lewis property. Jorgensen has not been officially retained by Mr. Lewis; however, it is assumed because of their discussions, that Lewis is considering Jorgensen to be his "developer/engineer'. CASE HISTORY Nancy Witt Lewis Page 2 of 2 11 -24-98 Called Ms. Jones to try Mr. Lewis one more time as Jorgensen indicated that Lewis was favorable to our project and that he (Jorgensen) had encouraged him to sign. Also, Ms. Little indicated that she would be available to talk 11 - 24-98 p. m. or 11 -25-98 a. m. , if Lewis wanted to meet. 12-7-98 Ms. Jones tried twice in the last week and is now turning this over to the City to finalize--through condemnation, if necessary. 12-14-98 Letter sent to Mr. and Mrs. Lewis informing them that condemnation proceedings are to be initiated by going before City Council on Jan. 19, 1999, unless the matter is settled before then. 12-23-98 Received faxed letter from E. Lamar Pettus, attorney for the Lewises, to Jim Beavers, City Engineer, requesting information on the project. 12-24-98 Letter from Jim Beavers to Mr. Pettus proposing setting up a meeting sometime after Dec. 29, 1998, to address issues. 1 -6-99 Left message for Lamar Pettus, trying to set up meeting with Pettus, Lewis, Beavers, Connell. 1 -13-99 Meeting between Rob Lewis, Lamar Pettus, Jim Beavers, Ron Petrie, and Jill Goddard at City Hall. Discussion of project, effects (good and bad) on any future Lewis development, whether project would be done. Beavers looking into budget adjustment for project. 1 -27-99 Three letters from Mr. Pettus requesting: 1 ) being advised of any meetings discussing Londonderry project; 2) review of budget and budget adjustments; 3) being advised of any meetings regarding Marvin Gardens Subd. (adjacent project). Also commented on drainage study and the findings therein. 2-22-99 Letter from Jim Beavers to Mr. and Mrs. Lewis (copy to Mr. Pettus) changing easement to Drainage/General Utility Easement to allow future use of easement area by utilities. If not accepted by March 12, 1999, City will seek possession through condemnation. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS April 13, 1999 Mr. Lamar Pettus Pettus Law Firm, P.A. 151 West Dickson P.O. Box 1665 Fayetteville, Arkansas 72702 Re: Boardwalk Subdivision area drainage improvements and Mr./Mrs. Lewis. Dear sir, The projected meeting date of the City Council for the staff requested approval of both the construction contract for the drainage improvements and the condemnation of easement from Lewis is May 18, 1999 (agenda setting meeting May 11 ). If these dates change I will inform you. Sincerely, ui✓eA4 Jim Beavers, P.E. City Engineer cc: Mr./Mrs Lewis Jill Goddard 113 WEST MOUNTAIN 72701 501521-7700 FAX 501 575-8257 FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS February 22, 1999 Robert A. And Nancy W. Lewis 2137 E. Lensfield Place Fayetteville, AR 72701 -2747 RE: Londonderry Drainage Improvements Boardwalk Addition, Phase III Job No. 98038 Tract No. 2 Parcel No. 765- 14195-000 Dear Mr. and Mrs. Lewis: This letter is one last attempt to reach an agreement with you on the above mentioned project. The City will initiate this project soon; typically, we acquire all of the appropriate easements prior to project bidding . The document has been changed to be a Drainage/General Utility Easement to allow future use of the permanent easement area by utility companies. However, please be aware that this does not mean that the utility companies will not require additional easement area in order to provide services. Accordingly, we need to receive the executed documentation for this project by March 26, 1999, or we will be left only with the alternative to seek possession through the courts. If the City must condemn, the City will take bids in March or April and take both the proposed construction contract and the proposed condemnation to the same City Council Meeting. This will satisfy the previous discussion of assuring that the City Council will fund the project prior to, or with , the condemnation if required. The City will notify you and Mr. Pettus of meeting dates if condemnation is required. Our basis is our original offer (dated September 30, 1998) of $ 1 ,690. 00 which was for a twenty foot wide permanent easement (9,810 square feet) and a ten foot wide temporary construction and grading easement (12,791 square feet). If you have any questions or comments, or if there is a possibility of resolving the matter prior to the Council meeting, please contact Ed Connell at 444-3415, Jill Goddard at 444-3407, or myself at myself at 575-8206. Sincerely yours, iJ m Beaver City Engineer JB/jsg c: E. Lamar Pettus 113 WEST MOUNTAIN 72701 501-521-7700 FAX 501-575-8257 Project No. 99096 Project: LontlorMeny Orairage Improvements Parcel No. 765-14195-000 Tract No. 2 DRAINAGE / GENERAL UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT I, Nancy Witt Lewis, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1 .00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement and a temporary construction and grading easement to excavate, construct, maintain, repair and/or replace, enlarge and operate an earthen retaining levy, drainage file area, open ditch, concrete channel and/or concrete inlet box, a water and/or sanitary sewer pipe line or lines, manholes, natural gas, electrical power, telephone and television communi cation line or lines, and appurtenances thereto on, over, across, under and through the following described land situated in the County of Washington, State of Arkansas, to-wit: PROPERTY DESCRIPTION: A partof the Southeast Quarter (SE'/.) of the Northeast Quarter (NE'/.) of Section Eleven (11), Township 16 North of Range 30 West, being more particularlydescribed as follows, to-wil: Beginning at the Northwest comer of said forty acre (40) tract and running thence East 461 .73 feet; thence South 006 32' East 307.99 feet; thence West 465.9 feet, more or less, to a point which is 307.15 feet South 000 15' West of the point of beginning; thence North 00' 15' East 307.15 feet to the point of beginning, containing 3.27 acres, more or less. ALSO, part of the Southeast Quarter (SE'/.) of the Northeast Quarter (NE'/.) of Section 11 , Township 16 North, Range 30 West of the 5th P.M., and being more particularly described as follows, to-wit: Beginning at a point on the North line of said 40 acre tract at a point 461 .73 feet East of the Northwest corner of said 40 acre tract thence East along the North tine thereof, 800.27 feet, to the Westerly right of way of a County Road; thence with the right of way of said road, South 22' 56' West 217.30 feet; thence South 25' 58' West 113.11 feet; thence South 89° 28' West 663.30 feet; thence North 00' 32' West 307.99 feet, to the point of beginning, containing in all 5.133 acres, more or less. LESS AND EXCEPT: Part of the Southeast Quarter (SE%) of the Northeast Quarter (NE'/.) of Section 11 , Township 16 North, Range 30 West of the Fifth Principal Meridian in Washington County, Arkansas, being more particularly described as follows, to-wit: Commencing at the Northwest comer of said SE''/. of the NE'/.; thence North 89' 50' 44' East 829.11 feet to the Point of Beginning; thence North 89' 50' 44' East 430.00 feet to the West right of way of Highway 265; thence along said West right of way South 22' 56' West 217.30 feet; thence South 26' 07' W West 115.53 feet; thence leaving said west right of way South 89' 28' West 294.97 feet; thence North 305.43 feet to the Point of Beginning, containing 2.55 acres, more or less. PERMANENT EASEMENT DESCRIPTION: A twenty (20) foot wide permanent drainage easement across the above described property, being parallel with and contiguous to the North line of the above described property and situated on the South side thereof, being more particularly described as follows: Commencing at the Northwest comer of said SE'/. of the NE%; thence with the North property line, East 832.0 feet, more or less, to a point on the East property line, said point also being the Point of Beginning; thence with the North property line, West 490.51 feet; thence South 20.0 feet thence East 490.51 feet: thence North 20.0 feet, to the Point of Beginning and containing 9,810 square feet (0.225 acre), more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A temporary construction and grading easement across the above described property, being more particularly described as follows: Commencing at the Northwest corner of said SE'/. of the NE%: thence East 832.0 feet, more or less, to a point on the East property line; thence with said east line, South 20.0 feet, to the Point of Beginning; thence with the South line of the above described permanent easement, West 490.51 feet thence North 20.0 feet to the North property line; thence with said North line, West 114.40 feel: thence South 47. 57' 19' East 126.92 feet; thence East 45.0 feet; thence North 27' 54' 02' East 62.23 feet; thence East 436.54 feet to the East property line; thence with said East line, North 10.0 feet, to the Point of Beginning and containing 12,791 square feet (0.294 acre), more or less, together with the rights, easements, and pmileges 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 this temporary construction and grading easement shall exclude any permanent structure presently located within the above described temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The saki Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to pay any damages which may arise to growing crops or fences from the above described construction, maintenance and operation as determined by three disinterested persons. One of whom shall be appointed by the said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of such three persons shall be final and conclusive. DRAINAGE EASEMENT Nancy Witt Lewis Page 2 of 2 The Grantor agrees not to erect any buildings or structures in said permanent easement other than fences and said fences shall not exceed six (6) feet in height. The Grantee shall have the right to construct additional drainage structures, pipe lines, electrical power lines, telephone and/or television lines or cables within or upon the above described permanent 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 in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of , 1999. Nancy Witt Lewis Robert A. Lewis 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, personalty appeared Nancy Witt Lewis and Robert A. Lewis, her husband, 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 , 1999. Notary Public MY COMMISSION EXPIRES: PETTUS LAW FIRM. P.A. 151 WEST DICKSON P.O. COX 1665 FAYETTEVILLE, ARKANSAS 72702 E. LAMAR PeTTu9 DONNA C. PETTUS TELePHONe (501) 4432303 MATTHEW R. KINO' TeLECOPIER (5011443-OSGO E-MAIL pe11V.Ol.O.ne1 • A...C LICtu.0 IN MMus January27, 1999 EC�• - f, Via Hand Delivery o,r, AN 28 1998 Mayor Fred B. Hanna ti'sy°RSo 4ZV1 . CITY OF FAYETTEVILLE Administration Building 113 West Mountain Street Fayetteville, AR 72701 Re: Londonderry Drainaqe Development Drainage Improvement Boardwalk Addition - Phase III Job Number 98038 Tract No. 2 Parcel No. 765-14195-000 Dear Mayor: Pursuant to the Freedom of Information Act as codified by A.C.A. 25-19-102 and on behalf of Mr. Robert Alan Lewis and Mrs. Nancy Lynn Lewis, I request Mr. and Mrs. Lewis and myself be advised of any and all meetings at which the City Council discusses or is presented information concerning the above -referenced drainage projects; a review of the budget for the proposed project; or any requests for adjustments to the budget in order to have adequate money to fund the project. I am enclosing a copy of a letter I wrote to Mr. Jim Beavers. I do feel the City of Fayetteville should pass on the majority of the costs of this project to the designers and developers of the storm drainage system and the subdivision where this flooding is occurring. The property and the value of the property most affected by the flooding is within that subdivision. The City might suggest the owners of the property within the subdivision organize an improvement district and bear the burden of some of the cost or they might also seek damages against the engineers who designed the storm drainage system which was installed and the developer who developed the subdivision in an inadequate manner. S:\LAMARP\LEWS\LONDON\LMAYR 127 Mr. and Mrs. Lewis and I would also appreciate any notice of meetings at which the City Council is presented requests or arguments that a portion of Mr. and Mrs. Lewis' property should be condemned for purposes of installing a drainage system. Sincerely, PETTUS LAW FIRM, P.A. ELP/trf Enclosure cc: Mr. & Mrs. Lewis Alderman Alderman Alderman Alderman Alderman Alderman Alderman Alderwom Robert Reynolds Ron Austin Cyrus Young Kyle Russell Trent Trumbo Bob Davis Kevin Santos an Heather Daniel Jerry E. Rose City Attorney S 1LAMARPILE`MSILONDONILMAYR. 127 2 PETTUS LAW FIRM, P.A. 171 WEST DICKSON P.O. BOX 1669 FAYETTEVILLE. ARKANSAS 72702 E. LAMAn PETTUS DONNA C. PETTu9 MATTHEW R. KING • TELEPHONE (301) 443.2303 TELECOPIER (3011443-0300 January 27, 1999 E-MAIL pe110sOI.0.ne1 G4 ALSO LIpo 14 NYy Mr. Jim Beavers City Engineer CITY OF FAYETTEVILLE 113 West Mountain Fayetteville, AR 72701 Re: Londonderry Drainage Development Drainage Improvement Boardwalk Addition - Phase III Job Number 98038 Tract No. 2 Parcel No. 765-14195-000 Dear Mr. Beavers: I appreciate you and your staff meeting with Mr. Lewis and myself on January 13, 1999. I am returning to your offices the following: 1. A Partial Drainage Study of "Mud Creek Tributary" and "White River Tributary", E-487; 2. A Partial Drainage Study of "Mud Creek Tributary" and "White River Tributary" - Exhibits, E-487; 3. Agreement for Engineering Services for A Partial Drainage Study of 11Mud Creek Tributary" and "White River Tributary" E-487; and 4. A Drainage Report for the Boardwalk Subdivision and Ridgely/Manor Drive Area Drainage Improvements, E-525. I thought it was interesting to note the existing drainage improvements in the Boardwalk Subdivision, specifically along Londonderry Drive and Meandering Way, have a capacity of "less than a two year frequency rainfall." S] LAMA R P\ L E W I S\L O N D O N LL O EA V R.12 7 It is also interesting to note the findings are: a. A 100 -year flood will flood the house at 2447 Londonderry; b. A 100 -year flood will flood the house at 2610 Meandering Way; c. A 100 -year flood will flood the yard at 2616 Meandering Way, but not the house; d. If the lot south of 1604 Arthur Court remain vacant, the lot itself, without additional improvements, can "easily carry the overflow without causing flooding in the subdivision;" e. 1604 Arthur Court is actually built into the easement for and over the 48 -inch CMP storm sewer pipe. You know, Mr. Beavers, it would appear, if any of the above facts were publicized or placed in the real estate records of Washington County, Arkansas, this problem would take care of itself. The houses located at 2610 Meandering Way, 2616 Meandering Way, and 2747 Londonderry simply would not sell or would sell at less value to compensate for the flooding. The persons who purchased these homes have good private causes of action against their real estate agent, the former owner, and, depending on what was placed in the Title Report, possibly the title insurance company. The Lewises are not happy about the prospect of having their property taken because of an inadequate drainage design for a subdivision which was eventually approved by the City of Fayetteville. I do think the City of Fayetteville needs to put the owner of 1604 Arthur Court on notice of the encroachment of that building into the easement. In any event, my understanding is that before this matter is submitted to the City Council, City staff will recommend the Council address the cost of the project which is substantially higher than the projected cost. I would appreciate being advised of meetings of the City Council at which a budget adjustment or the cost of the project is to be discussed. I definitely want notice of any meeting at which condemnation of the Lewis property is discussed. S 1LAMARP\LEcMS\LONDOMLBEAVR. 127 I am sending a copy of this letter to each of the Aldermen. Sincerely, ELP/trf Enclosures cc: Mr. & Mrs. Lewis Mayor Fred B. Hanna Alderman Robert Reynolds Alderman Ron Austin Alderman Cyrus Young Alderman Kyle Russell Alderman Trent Trumbo Alderman Bob Davis Alderman Kevin Santos Alderwoman Heather Daniel Jerry E. Rose City Attorney S.ILAMARP�LEVNS%LONDOML8EAVR 127 3 PETTUS LAW FIRM, P.A. aP\cN&JPJ2k Lamar Pettus PETTUS LAW FIRM, P.A. 131 WEST DICKSON P.O. BOX 1683 FAYETTEVILLE, ARKANSAS 72702 E. LAMAR PETTUS DONNA C. PCTTUS MATTHCW R. KING ALCC LICCMata In I(AMCJ January 27, 1999 Via Hand Delivery Mayor Fred B. Hanna CITY OF FAYETTEVILLE Administration Building 113 West Mountain Street Fayetteville, AR 72701 Re: Londonderry Drainaqe Development Drainage Improvement Boardwalk Addition - Phase III Job Number 98038 Tract No. 2 Parcel No. 765-14195-000 Dear Mayor: TCLCPHONC 1001) 443.2]0] TCLCCOP.ICR (501) 443-O30O E-MAIL P0I1utOuo.nol Pursuant to the Freedom of Information Act as codified by A.C.A. 25-19-102 and on behalf of Mr. Robert Alan Lewis and Mrs. Nancy Lynn Lewis, I request that Mr. and Mrs. Lewis and myself be advised of any and all meetings of any board, commission, or committee, including the Board of Adjustments, Subdivision Committee, Planning Commission, and/or City Council Meeting at which the City reviews plans presented for the development of a subdivision on the land previously proposed to be developed as Marvin Gardens Subdivision. I understand from the City Engineer and the City Planning Department a new proposal is to be submitted. The request should come from Dr. Hayes and Mr. Foster and may be submitted with the assistance of David L. Jorgensen of Jorgensen & Associates. I am not sure of the name under which this renewed request will be submitted. Please pass this letter to Ms. Alett Little and any other appropriate staff members so Mr. and Mrs. Lewis and myself can be notified of these meetings. S.\LAMARP\LE MS\LONDON\LMAYR. 127 I have provided Mr. Rose, City Attorney, a copy of this letter. Sincerely, PETTUS LAW FIRM, P.A. ELP/trf cc: Mr. & Mrs. Lewis Alderman Alderman Alderman Alderman Alderman Alderman Alderman Alderwom Robert Reynolds Ron Austin Cyrus Young Kyle Russell Trent Trumbo Bob Davis Kevin Santos an Heather Daniel Jerry E. Rose City Attorney S \ AMARp1LEWSILONOONLLMAYR. 127 2 By E. Lamar Pettus FAAETTEVI I ,LE THE CITY OF FAYETTEVILLE, ARKANSAS December 24, 1998 Mr. Lamar Pettus Pettus Law Firm, P.A. 151 West Dickson P.O. Box 1665 Fayetteville, Arkansas 72702 Re: Boardwalk Subdivision area drainage improvements and Mr./Mrs. Lewis. Dear sir, With respect to your letter of December 23 the following is offered: I only have one copy of the drainage report, this report, along with the proposed construction plans are available for your inspection at our office. We can not find an "existing" easement which may be used for the proposed drainage improvements. If you have records of such easements please share those with us. I am available to meet at your convenience after December 29 to go over the plans, report, utilities, easements, trees... Sincerely, Jim Beavers, P.E. City Engineer cc: Ed Connell 113 WEST MOUNTAIN 72701 501-521-7700 FAX 501-575-8257 2 -2.i -Go; I :35PNI:PETTL'S '_'- FIF.\I E. LAMAR PETTUS DONNA C. PETTUS MATTHE\V R. KING• •uo 4co-sw 1., 14X4[ PETTUS LAW FIRM, P.A 151 WEST DICKSON P.O. BOX 1665 FAYETTEVILLE, ARKANSAS 72702 RECE WED DEC 2 3 1998 -- FNCTh=------ TELEPHONE (501) 443-2353 TELECOPIER (501) 443-0390 E-MAIL Fe11ustiso.oel FACSIMILE TRANSMISSION COVER LETTER CONFIDENTIALITY NOTE: The information transmitted in this facsimile message is sent by an attorney or his/her agent, is intended to be confidential and for the use of only the individual or entity named herein. If the recipient is a client, this message may also be for the purpose of rendering legal advice and thereby privileged. If the reader of this message is not the intended recipient, you are hereby notified that any retention, dissemination, distribution or copy of this telecopy is strictly prohibited. If you have received this facsimile in error, please immediately notify us by telephone and return the original message to us at the address above via the mail service. We will reimburse postage. Thank you. TRANSMISSION AND DELIVER TO: Via Facsimile & U.S. Mail: (501)575-8257 Mr. Jim Beavers City Engineer CITY OF FAYETTEVILLE DATE: December 23 1998 TIME: ' yQ NUMBER OF PAGES TRANSMITTED (EXCLUDING COVER): If you do not receive the complete transmission, please call the individual named below at (501) 443-2363. MESSAGE: SENT BY E. Lamar Pettus Original(s): to be mailed 12-23-93: 1:35P%I:PETTUS LAW FIRM .511.1 = 2. J PETTUS LAW FIRM, P.A. 151 WEST DICKSON P.O. BOX 1665 FAYETTEVILLE, ARKANSAS 72702 E. LAMAR PETTUS DONNA C. PETTUS MATTHEW R. KING ALSO Lmae.m In , "L,3 December 23. 1998 Via Facsimile & U.S. Mail: (501)575-8257 Mr. Jim Beavers City Engineer CITY OF FAYETTEVILLE 113 West Mountain Fayetteville, AR 72701 Re: Londonderry Drainage Development Drainage Improvement Boardwalk Addition - Phase III Job Number 98038 Tract No. 2 Parcel No. 765-14195-000 Dear Mr. Beavers: TELEPHONE (501) 443.2363 TELECOPIER {5O1) 443.0390 E-MAIL penus@iso.net I am representing Mr. and Mrs. Lewis in reference the City's request for an easement. It is my understanding the City of Fayetteville already has a drainage easement in existence which is not being used. I would appreciate your pulling those documents and providing me a copy of your existing drainage easement and copies of the engineering studies which indicate there is a need or a necessity for taking an additional drainage easement on Mr. and Mrs. Lewis' property. In addition, Mr. and Mrs. Lewis are concerned about the heavy growth of trees which will fall within the requested easement. Are the trees to be destroyed if drainage is constructed in this particular area? City Planning has told me the easement will become the future lot line setback should Mr. and Mrs. Lewis develop the property. In addition Mr. and Mrs. Lewis are also interested in connecting to any city utilities which run adjacent to this property. Will Mr. and Mrs. Lewis be able to run utility lines with this proposed drainage easement? S:\LAMARP\LEWSL0NDON\LBEAV2.fl 12-23-930 1:35PM: PETTVS LAW FIRM :50, 443 0390 P 3/ 3 1 If you will contact me, maybe we can meet between Christmas and New Year's Day and work towards a resolution which would be satisfactory to Mr. and Mrs. Lewis as well as the City of Fayetteville. Sincerely, PETTUS LAW FIRM, P.A. B E. Lamar Pettus ELP/pae cc: Mr. & Mrs. Lewis S:\LAMARPLEWIS\LONDON\LBEAVI222 2 FA''ETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS December 14, 1998 Robert A. And Nancy W. Lewis 2137 E. Lensfield Place Fayetteville, AR 72701-2747 RE: Londonderry Drainage Improvements Boardwalk Addition, Phase III Job No. 98038 Tract No. 2 Parcel No. 765-14195-000 Dear Mr. and Mrs. Lewis: The above mentioned project is almost ready to go to bid for construction purposes. However, the City must secure possession before bids are accepted. This letter is to inform you that due to lack of an agreement having been reached regarding the offer made to you (dated September 30, 1998), the City is proceeding with condemnation procedures in regard to your property located south of Boardwalk Addition, Phase III and west of Highway 265 (Crossover Road). We will be requesting approval of the City Council at their January 19, 1999, meeting authorizing the City Attorney to seek possession of your property through the court. Please be so advised and we would welcome your attendance at such meeting to explain your position before the Council. Council meetings normally begin at 6:30 p.m. Our basis is our offer of $1,690.00 which was for a twenty -foot wide permanent easement (9,810 square feet) and a ten foot wide temporary construction and grading easement (12,791 square feet). But please keep in mind that negotiation efforts do not necessarily need to end here. If an agreement is reached before the court date, procedures will be discontinued. If you have any questions or comments, or if there is a possibility of resolving the matter prior to the Council meeting, please contact Ed Connell at 444-3415 or Jill Goddard at 444-3407. Sincerely yours, Jim Beavers City Engineer JB/jsg 113 WEST MOUNTAIN 72701 501-521-7700 FAX 501-575-8257 THE CITY OF FAYETTEVILLE, ARKANSAS September 30, 1998 Nancy Witt Lewis 2137 E. Lensfield Place Fayetteville, AR 72701-2747 RE: Londonderry Drainage Improvements Boardwalk Addition, Phase III Job No. 98038 Tract No. 2 Offer Letter Dear Ms. Lewis: The City of Fayetteville is planning to improve the drainage system within Boardwalk Addition, Phase III, by redirecting the storm water crossing Highway 265 to a new underground system just south of the subdivision. This then will be directed through the subdivision via underground piping, then into a concrete channel before being ultimately directed to the pond area north of Boardwalk Addition, Phase III. It is therefore necessary to obtain a 20 foot wide permanent easement and a 10 foot wide temporary construction easement along the north edge of your property for this project. The temporary construction easement will terminate upon completion and acceptance of the project by the City. Included is a general map of the subject area, as well as a drawing of your specific property depicting the anticipated areas required for permanent and temporary easements. The City of Fayetteville hereby offers $985.00 for the conveyance of rights associated with the Permanent Easement (9,810 square feet) and $705.00 as rental of the lands associated with the Temporary Construction and Grading Easement (12,791 square feet); making the total offer amount $1,690.00. Should you elect to accept this offer, the Drainage Easement (which contains both the Permanent and Temporary Construction Easements) contained herein should be executed by all parties with current ownership interest in the particular property. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the document if you will advise our office accordingly. Upon receipt of this document, a check will be requested and you will be paid the amount indicated in this offer letter. 113 WEST MOUNTAIN 72701 501-521-7700 Ms. Lewis Offer Letter, Page 2 of 2 If you make a final rejection of this offer, you do have certain legal rights which are outlined hereafter. Upon your final rejection of this offer, and if the City of Fayetteville elects to do so, a suit of condemnation may be filed. The amount of just compensation for the use of your property will be determined by an independent appraisal and deposited with the Registry of the Circuit Court of Washington County. You may, at that time, elect to accept the amount deposited as just compensation and the amount will be paid to you thereby disposing of the condemnation suit. If you do not elect to accept the amount deposited as just compensation, then you may withdraw the amount placed on deposit without prejudice to your rights to claim additional compensation. In this event, you will be entitled to a trial by jury in the Circuit Court to determine just compensation for your lands condemned. In either event, payment of the estimated just compensation will be made available to you. We, however, ask that you accept the offer made herein by executing the attached Drainage Easement. A reduced copy of the document is included for your records. We can provide a copy of the recorded document upon your request and at the appropriate time. Please provide us with a Tax Identification Number (Corporation) or Social Security Number so that a check can be written. A Vendor Form is provided for this purpose. 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. Please contact Ed Connell at 444-3415, Jill Goddard at 444-3407, or I can be reached at 575-8206. Sincerely yours, Donald R. Bunn City Engineer DRB/jsg Enclosures (10 Ct -A Ui 0 " Arthurs Court 0 0 o 4 d d d ro a N GO 0 oCD a- 0. Q. .- �y w on y ? A N tro v W J l m J cc CD A w v V n (-Al o O O O -/ w Q p n r Data and Deed Call Listing of File: LEWIS-2.DES +Tract 1: 3.274 Acres: 142630 Sq Feet: 13250.8 Sq Meters: No significant closure error. Perimeter = 1543 feet Tract 2: 5.148 Acres: 224238 Sq Feet: 20832.3 Sq Meters: No significant closure error. : Perimeter = 2104 feet =Tract 3: 2.546 Acres: 110916 Sq Feet: 10304.4 Sq Meters: No significant closure error.: Perimeter = 1363 feel Tract 4: 0225 Acres: 9810 Sq Feet: 911.4 Sq Meters: No significant closure error.: Perimeter = 1021 feet Tract 5: 0.294 Acres: 12790 Sq Feet: 1188.2 Sq Meters: No significant closure error. : Perimeter= 1306 feet Tract 6: 0.046 Acres: 1999 Sq Feet: 185.7 Sq Meters: Closure = s88.2831 w 50.00 feet: Precision =1/5: Perimeter = 250 feet Net Area= 0.728 Acres: 31714 Sq Feet: 2946.3 Sq Meters 001=n88.283 l c 461.73 002=s01.3823e307.87 003=s88.3347w 465.90 004n00.5144w 307.18 005=@I orig. east lot 006=/n88.283Ic 461.73 007=n88283Ic800.27 008=s2I.3347wv 217.30 009=s24.4523w 115.53 010=sS8.0547w 663.30 01 I=n0I.3823w 307.87 012=@1- sold to Carters 013=/n88.283Ic 832 014=n88.283le 430 015=s2l .3347w 217.30 016=s24.4523w 115.53 017=s88.0547w 294.47 018=n012209w 305.43 019=@l Drainage 13smt. 020=/n8S.2831e 832 021=s88283 1w 490.51 022=s01.2209c 20 023=n88.283 I c 490.51 024 n01.2209w 20 025=@l TCGG 026=/n88.283Ic832 027=/s88.2831 w 490.51 028=s88.2831w w 114.40 029=s49.2716c 126.86 030=n88.283I c 45 031=n26.2233c 62.23 032=r88.283 Ic 436.54 033=n01.2209w 10 034=s88.2831 w 490.51 035 n01.2209w 20 036=@l Arthur's Court 037=/n88.283Ic 227.02 038=/n00.00c 100 039=s00.00w 100 040=n88.283I c 50 041 =r00.00c 100 Project No. 96038 Project: Londonderry Drainage Improvements Parcel No. 765-14195-000 Tract No. 2 DRAINAGE EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT I, Nancy Witt Lewis, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement and a temporary construction and grading easement to excavate, construct, maintain, repair and/or replace an earthen retaining levy, drainage tile area, open ditch, concrete channel and/or concrete inlet box on, over, and through the following described land situated in the County of Washington, State of Arkansas, Q wit: PROPERTY DESCRIPTION: A part of the Southeast Quarter (SEX.) of the Northeast Quarter (NE%) of Section Eleven (11), Township 16 North of Range 30 West, being more particularly described as follows, to -wit: Beginning at the Northwest comer of said forty acre (40) tract and running thence East 461.73 feet; thence South 00° 32East 307.99 feet; thence West 465.9 feet, more or less, to a point which is 307.15 feet South 00° 15' West of the point of beginning; thence North 00° 15' East 307.15 feet to the point of beginning, containing 3.27 acres, more or less. ALSO, part of the Southeast Quarter (SE'A) of the Northeast Quarter (NEX) of Section 11, Township 16 North, Range 30 West of the 5th P.M., and being more particularly described as follows, to -wit: Beginning at a point on the North line of said 40 acre tract at a point 461.73 feet East of the Northwest corner of said 40 acre tract; thence East along the North line thereof, 800.27 feet, to the Westerly right of way of a County Road; thence with the right of way of said road, South 22° 56' West 217.30 feet; thence South 25° 58' West 113.11 feet; thence South 89° 28' West 663.30 feet; thence North 00° 32' West 307.99 feet, to the point of beginning, containing in all 5.133 acres, more or less. LESS AND EXCEPT: Part of the Southeast Quarter (SEX.) of the Northeast Quarter (NE'/.) of Section 11, Township 16 North, Range 30 West of the Fifth Principal Meridian in Washington County, Arkansas, being more particularly described as follows, to -wit: Commencing at the Northwest corner of said SE% of the NEX; thence North 89° 50' 44" East 829.11 feet to the Point of Beginning; thence North 89° 5044" East 430.00 feet to the West right of way of Highway 265; thence along said West right of way South 22° 56' West 217.30 feet; thence South 26° 07' 36" West 115.53 feet; thence leaving said west right of way South 89° 28' West 294.97 feet; thence North 305.43 feet to the Point of Beginning, containing 2.55 acres, more or less. PERMANENT EASEMENT DESCRIPTION: A twenty (20) foot wide permanent drainage easement across the above described property, being parallel with and contiguous to the North line of the above described property and situated on the South side thereof, being more particularly described as follows: Commencing at the Northwest corner of said SEX of the NE','.; thence with the North property line, East 832.0 feet, more or less, to a point on the East property line, said point also being the Point of Beginning; thence with the North property line, West 490.51 feet; thence South 20.0 feet; thence East 490.51 feet; thence North 20.0 feet, to the Point of Beginning and containing 9.810 square feet (0.225 acre), more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A temporary construction and grading easement across the above described property, being more particularly described as follows: Commencing at the Northwest corner of said SE,'4 of the NE%; thence East 832.0 feet, more or less, to a point on the East property line; thence with said east line, South 20.0 feet, to the Point of Beginning; thence with the South line of the above described permanent easement, West 490.51 feet; thence North 20.0 feet to the North property line: thence with said North line, West 114.40 feet; thence South 47° 57' 19" East 126.92 feet; thence East 45.0 feet; thence North 27° 54' 02" East 62.23 feet; thence East 436.54 feet to the East property line; thence with said East line, North 10.0 feet, to the Point of Beginning and containing 12,791 square feet (0.294 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 this temporary construction and grading easement shall exclude any permanent structure presently located within the above described temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, 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 pay any damages which may arise to growing crops or fences from the above described construction, maintenance and operation as determined by three disinterested persons. One of whom shall be appointed by the said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of such three persons shall be final and conclusive. DRAINAGE EASEMENT Nancy Witt Lewis Page 2 of 2 The Grantor agrees not to erect any buildings or structures in said permanent easement other than fences and said fences shall not exceed six (6) feet in height. The Grantee shall have the right to construct additional drainage structures within the above described permanent 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 in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of , 1998. Nancy Witt Lewis (Spouse) ACKNOWLEDGMENT 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 Nancy Witt Lewis and to me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that 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 , 1998. Notary Public MY COMMISSION EXPIRES: Washington County Real Estate Assessment Record Parcel Number 65-14195-000 Location Address OI U I( Owner LEWIS, NANCY WITT Mailing 2137 E LENSFIELD PL Address FAYETTEVILLE R 72701-2747 Legal Description Property Type IRVI Io Current year 1995 Appraised Assessed Land value 29,250 5,850 Imp. value 0 0 Total value 29,250 5,850 Lot O Block 0 Section -Township -Range 11-16-30 Addition 11-16-30 FAYETTEVILLE OUTLOTS Legal �T SE NE 5.853 A. Deed (09104191 0 0 0.00 School District FAYETTEVILLE SCHOOLS City description FAYETTEVILLE P-83-31 r7z7-55 i 4-'13iq- 000- oo r m C) ro h\.o rt O r^ n Q1 C) to a 0 z N z •• Z I 0 OD V• W • O o '0 .o .n .n m m m m 1i°A a V N 0O b m m Crm 0) O 0 A b c p IQ1 a 6 O m !� o c N W U o0 C h y Va� U r N G 00 DC Or OrO C, ° -I1 - .-4 > .r > > { ,n 'n T1 -� m C) n I z 1D C — n 'n > v fl • r Z I ^I - O O - © T I C • O •s C s O - to w V W .r r J 0 A ui T m O C) t r" m E 1j IL N J ' r z ° z I F O n -CO'3 i J (11 I C) rt rt N O N b m In S ' °_ fA ° m D M ° c Z m N > 1 m b IFm n N u O 33 v 0 m to W O V 0 r - r� > c C' Cr cr A qy 2 u H o .. r z ❑ O z r u O C G i Cr g 00 n —i r fl G7 It t� W r CO tiara aC • o � U' w ;J to to to to b b ;p to ;o to b y C m m m CI m m J V V V J V Ol N L W N — O to 6] ' o1 U •A m z m \a F d O• ow z D .. y P N w I .C s� m a_ o o o c 1 —f� o' 6 '4° m r wm 'n m OOO C OO c. �� Cr m O m Y� M ^ V -. 'S.' 3 1 Y r. o— ww a— O L/ I m v-. tn m > G) X ; > m ro hf m y m m rt w n C) N N a [A m tart v rt � La Zn rt 0 n O ~' r ti r r ? N n r o 0 m - r m O to w O o on iS N r G Di Lii N O w Vt n n > w a [n ^ Ho O T r m m .o �c .o 7, m o m 'O m m m 'a m m m N Z r o> O N m m z m y m CI, >K aJ GO m> m r �D m O m m c Z y r D M > i Cm F m00 m o> w 0 v m 0 3 HIII lilt ,, 51 • (J'i(': .1 �� •fin`. {yam\j ... I 841 ,rip i►aa? ="_•.`.. P5 e 1•. �•.i I .. .. • .. a ...:.. Jw a part of the Southeast quarter of the Northeast quarter of Section 11, Township 16 North, Range 30 West of the 5th P.M., being and more particularly described follows, as to -wit• Beginning at a point on the North line of said 40 acre tract at a point 461.73 feet East of the Northwest corner of said 40 acre tract, thence East along the North line thereof, 800.27 feet, to the westerly right of edy s of County Rcad, thence with the right of way of `b said road, South 220 56' West, 217.30 feet, thence South 250 58' West, 113.11 feet, thence South 890 28' West, 663.30 feet, thence North 00 32' West, 307.99 feet. to the point of beginning, containing in all 5.133 acres, more or less. The within conveyance is subject to an existing easement of Arkansas Western •� h Gas Company which appears of record in Book 580 at page 177 of the official records of Washington County, Arkansas. r• ., -. 3 11 and we TO HAVE AND TO HOLD the lands said and appottsnaaoe. thereunto belonging unto the sale '' James 0. Witt, Jr., and Mildred M. Witt, husband and wife, their balm and ulgoa fonrer. And I. the said Jean P. Krudener 1068. hereby covenant that I .m larfully ..tad of said land and pnmleca; that W. same I. uslntumbend, and I (Seal) ! will forever warrant and defend the tIt!, to the said lands spinal W lapl nWma whale er•.. WrfNEW my hand and .sal �u this 22nd day at March 11 68 A≤ . .,., feeell 1: IS.ai7 ACXXOWLSDOUENT frATS OF ARKANSAS Cuunt7 ot_}?a0h1 D93an fay • I DS IT RKMKMBIQISD, flat on this day'-". before the undmlgned, a Notary Public within and for the County Afotwld, duly somnWloeed and set- Ing, Jean p_- Krudener j ay of to me nil flown as the Cramer 1 the tot asaleg Deed. and stated that Pub_ had asset d .• } the aaaa. for the .oneddmllon and purpa.ea therein meatiness sadist forth- • _ nner ay ham sat seal '' as seek Notary Public this 22nd day of Marc v 11368. t , w `^,: ; 727 • eoac na 85 ^ j 1 `.• ' • _6]t t..7 •:{�.,y.(e��. 1 O . •.• _ I • ms. ls ST1E,��tM1ydptp ar •ped by ' � . ' Ibtary Publ.. , . t '• Laort5rd , Attorney.! tayettettlls,:Ark': .::'t-. Lit `. , 1 I. • I •1 1• .i 1.. ` •4'.4 :1 •1 • HITM •\ \-'CIT✓'�••, t ,�1i�,.^ 1 • I I'.I 1111.I Ili\I 11',11;1. I,, ,.,.. 1\Ilil +11.1 .I I.'u.yr1}IIMI NI ul AIL f $,Lill., ANII INIEHES l -- 91 iii III p ('ll J �) ,;c KNUW All MON iv IIHer rnrl•Ntl: , nrv- ...:-' � y;• WA511,!..ION Co AR -._ t- t..i'.INEYER n«•menu c.nea Warier. IOf •'Id in eeN4«aNY of IM twll . m ': On. Dollar nl MI •M ore apoa and .uuuW ranetlerubn b «e..• -�'": : . In rend saiCa d by Michael L. Carte aid Barbaro, C..,CeeterV-? _ . hluuard aid wife-- . nnTwin Oa n J• T� :: ' - r Mffljwq Grant YMa OINe... dd M.WT ef«11. a. IM uld Nil YIJle, the NN OrNIN erq OrNi.., nun •M •eegN. IM Iploukp deelnnq brie. WIwN In .. . NaNI m LQ, J De1Flea.]^.":PJ;.rT/^�t'.�'•W, I 1111r fW M AnmlrWl�gNr. Part of the SEh of the NF7r of Section ll.lbmship 16 t&. Fifth Principal Meridian in Wehingotn Cbn p 16 Northe Ne.a 30 Hest of the ..... rJ' described as follows, to -wit, C®errinq at he re r: bairq m�e I ,.t..Jlarly Of the NE%. dams Numb 89 NDrt!>�t set 02 of 1 said Ste O �" POD9r Cp �axltt, blare North 09 c admtm minutes 'semrds se 629.11 foot to the feet to the Meet z delrlee.50 Mitartas 44 Secalds tt 6]0.00 '.. C` right of way t t 217.30 ': feet, . t MCO alcig Said West right of .. - South 22 degrees 56 mLuteS Nest 217.3o..fert,-smile South 26 dogma 07 weinute�b - 36 swords Newt 115.53 feet, therce lsevltzgs-.Oeid Hest rightof Say 6louth 09 de9steee I 28 Inilaltes Neat 294.47 feet. theirs P tlf 30543' eat t0 L110 POSHI' if IiDGIII<>pl[; t. 'oontelnirip - i .i 2.55 aermr IafZ! @ lMs. ".•�jt y^CE:IF y, ,. �,..•..y...'- . Grantors also reserve a 2S foot wide ingress end apes maetent west and across the North 25 feet of aforesaid 4 /property for their ur aid their heirs and sumaig s 'y C 1 ♦'N -i1 • .Y ' { %. . SY _(�yna�� .I _ ♦ lull ..�. rj >'3 " t5' a,i«te.e nJnuw e/leo�elrr•I.1• � 1.` a- 1•.e Peen 1. . . .. _'i�' ey! a`:%t.r.}. QIee� .f//ri! A♦ lI �;Sk ai . 70 HAVE AND TO HOLD IM ••••.�• •- .'.: .,. ..%�••- ...:`�:C'"'':. ••q ado 1 heirs sad •eeldns. I«•u«.' And 1, •ne�•dMluYndN IA...... IN. Mid OrNI«I MYMInl YAW Ine Ofe.IW em OrN .' aId.d mall that IM tame an, II. NI(N of YN INS erw of a YAIMYma.N. and that I PIN Ym.e ..r j I fiend (M ••• .+ MemYN?.' PN•levr. AM 1. IM Yq OrYWr. .l 10 !ill. W IM Nq I«qe •deyyl Si },•�1M«J.M, ?'Rii�Jjy�{•( .-i',"rk�J'i ^ -' t T...•aid IepM gwrM ''J• A«eet r••N eM M geI111a. YAIa.Yn ia(«YN doJeerleieleli .( Yid IYJd•. Y f'w - A .. my W IeeIJNINd \ �':. y. t� _.'aiL �t>pe `kirYril3.ifi I4 b and N :. 'I ..i, ♦ \ ...Mid fit rt r•!"'J"Y` • • ran M111. Unto am«eel. .tan G ?. In• eels '--ee at «W arJe« de Mney my ne.l«IcurlNl only MTNIW W era to IWW loupe Nd a, r«Nee and t• hem and uM t mq Mw RAY J W««n. •Ylltlum amY sous Or•mN any -. WITNEY our n•Me tall eWe an InY_ith .".w•....ySi:._n'. ,i' RATS Oe stiwANMe '�•t'` I y.' y`4.t ;y lAC1IM0 OOMSItT gYµµ91A al nJ `r I '� r Ise �w, :/' I, .Inf :.�rC� 1st♦ 5 1i. '>v..:1�� ' . . 'n. e\\' a A •:r(... On this IM 6tory OI SeptemSOr'.1S�. MI«• rrlJJi,ib r `..'.'iu'• _,� . eswie„ -'f. u:' .d7. Y duelk. e«rw11Y •edNrad erM idtort Alan IA.lis, her hustswd- ItMn (er J•WI•(I«Ity «erml is be IM Nrbne PMN nerliee «• NOCr1 `.y Md •.eNIN IM tall 1} Ine Ns le IM I«eNwe WVvm«il N.. .•. put IMImA M '>"M 1Mlrlal�inR•YI n • a .Z- ------ „e-'• ., nay I /1 • -%I y+,1•m mj liep� slid p11111Y. a < :y i :Fly r 1�J . +sr Y _ ` -.� "T i1v 'rAr\NII TYP I I e + •'�- �u1.1430 a fist f�/ Ln��r'nl'AYWAf 'w��S+, i>•- ^` qN i i�IJeT�- �• . { -w_J '.1i ♦> -