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: