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HomeMy WebLinkAboutOrdinance 4206 FILED FOR RECORD 100 FEB 29 flM 10 10 WASHINGTON CO AR ORDINANCE NO. 4206 AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE CITY TO OBTAIN PERMANENT AND TEMPORARY EASEMENTS OVER, UNDER AND ACROSS LAND LOCATED ALONG HIGHWAY 265 OWNED BY B. J. WHITE FOR THE HIGHWAY 265 WATER AND SEWER RELOCATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That the City Council authorizes and directs the city attorney of the City of Fayetteville, Arkansas, to initiate legal action in order to obtain permanent and temporary casements, as described below, over, under and across land located on Highway 265 owned by B.J. White for the Highway 265 water and sewer relocations: See Exhibit "A" attached hereto and made a part hereof. �a �ND APPROVED this 21sL day of December, 1999. APPROVED: A /,wI By: ls� CCV� Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Cler 2000013724 ord . 4206 Exhibit "A" Property Owners: B.J. White Property Description: Part of the Southeast Quarter (SEI /4) of the Northeast Quarter (NEI/4) of the Section Fourteen (14) in Township Sixteen ( 16) North of Range Thirty (30) West, described as follows, to-wit: Beginning at a point 500 feet North and 82 feet East of the Southwest comer of said forty acre tract, and running thence East 300 feet, thence North 100 feet, thence West 300 feet, thence South 100 feet to the point of beginning. LESS AND EXCEPT: that portion conveyed to the Arkansas State Highway Commission under Job No. 004999 as road right of way in Deed Reference 98- 091218 of the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, containing 0. 12 acre, more or less. Permanent Easement Description: A twenty-five (25) foot permanent easement of equal and uniform width located along the East side of the Arkansas Highway Right of Way line as referenced by State Highway Commission Job No. 004999. This easement is more particularly described as beginning at the Grantor's South property line and extending North 100 feet, more or less, to the Grantors' North property line, containing 2,510 square feet (0.06 acre), more or less. The bearings used in the above description are referenced from bearings developed by the Arkansas State Highway Commission for the Highway Project No. 004999 Right of Way Plans and will be different than the bearing system previously used in describing the Owner's property. Temporary Construction and Grading Easement Description: A temporary construction and grading easement twenty (20) feet in width being parallel with and contiguous to the above described permanent easement and situated on the east side thereof. This temporary construction and grading easement contains 2,008 square feet (0.05 acre), more or less. 2000013725 It( 12NItI1„rru flawNyq8, n ra�;fl �+r?+ri v4a tz-oh1clR Pnia that ter to Int.trum n �cunty, Arkansas, do hereby 4"" �fY That ffi!o Incirumont wa8 hod for record in my P61ce as indlpatod hartion -no the same Is now duly 'e �pfl th 111 RockondlPdpam7nt and certificate o@n as indigated thereon. IN WITNEas NPri�rjR;TG, cat3d hereon. I have hereunto set my hand and affixed thee osi Or Wit Cohr1 on the date indl. +;n;ni.: r+ Itgm.eep -4caf t .; G:F. af:d Caaelyo klomrdor Permanent Easemerl•crip- • STATE OF ARKANSAS RECEIVE ORDINANCE N0. 4206 tion: AN ORDINANCE AUTHORIZ. A twenty-five (25) foot perms- JAN 0 6 2000 ING EMINENT DOMAIN PRO- nent easement of equal and SS. FOR THE CITY TO uniform width located along the County of Washington OBTAIN PERMANENT AND ACCTG, DEP OBTAIN P TEMPORARY EASEMENTS East side of the Arkansas High- way Right of Way line as refer- , 11 JEFF JEFFUS herebycertify that I am the publisher of THE OVER, UNDER AND ACROSS enced by State Highway Com- r y LAND . LOCATED ALONG mission Job No. 004999. This NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class HIGHWAY 2 O OWNED BY easement is more particularly mailing privilege, and being not less than four pages Of five columns each, B.J. WHITE T R THE HIGH- 9 P g g P 9 WAY LO WATER AND SEW- Grantor's as beginning at the published at a fixed lace of business and at fixed (daily) intervals ER RELOCATIONS. Grantor's South property line P P and extending North 100 feel, continuously in the City of Fayetteville, County of Washington, Arkansas for more or less, to the Grantor's Cr IT ORDAINED BY THE TY North property line, containing OF FAYETTEVILLE, ARKAN• more than a period of twelve months, circulated and distributed from an COUNCIL of THE N- 2 510 square feet (0.006 acre), established place of business to subscribers and readers generally of all OF more or less. classes In the CI and County for a definite rice for each co sns: City ty p ply, or a fixed Section 1. That the City Council The bearings used in the above price per annum, which price was fixed at what is considered the value of the authorizes and directs the city description are referenced from publication, based upon the news value and service value it contains, that at attorney of the city of Fayette- bearings developed by the Ar- kansas State Highway Com- least fifty percent of the subscribers thereto have paid for their subscriptions ville, Arkansas, to initiate legal mission for the Highway Project to the newspaper or its agents or through recognized news dealers over a action in order to obtain perms- No 004999 Right of Way Plans 9 g g nent and temporary easements, period of at least six months and that the said newspaper ublishes an as described below, over, un- and will be different than the PP as across land located on bearing, system previously used average of more than forty percent news matter. derHighway 265 owned by B.J. in describing the Owners prop- White for the Highway 265 wa- arty. I further cert) that t e legal notice attached in the matter o termnd sewer relocations: Temporary Construction and See Exhibit *A' attached hereto Grading Easement Description: ew OL we: � and made a part hereof. A temporary construction and / PASSED AND APPROVED grading easement twenty (20) published in the regular daily issue of said newspaper for this 21st day of December, feet in width being parallel with was P g Y IpaP 1999 the contiguous to the above de- consecutive insertions as follows: scribed permanent easement APPROVED: and situated on the east side The By: Fred Hanna, Mayor thereof. This temporary con- The first insertion On the day Of ��W-`� struction and grading easement ATTEST: contains 2,008 square feet By: Heather Woodruff, City (0.05 acre), more or less. the second insertion on the day of 19 — Clerk the third insertion on the day of 19 — Exhibit 'A' lly Property Owners: the fourth insertion on the 9r— B.J. White Property Description: IishedGeneral Manager Part of the Southeast Quarter (Sl of the Northeast Quar- Sworn to and subscribed before me on this day of ter (NE1/4) of the Section Four- teen (14) in Township Sixteen �O (16) North of Range Thirty (30) West, described as follows, to- wit: Beginning at a point 500 feet North and 82 feet East of the Southwest corner of said )w Catherino Sall .Notary Public forty acre tract, and running )t Notary Public, State 0f Atkansas �C thence. East300 feet, thence ), !, North 100 feet, thence West My Commission Expires: 300 feet, thence South 100 feet ri My Commission Expires 02127AM I< to the point of beginning. J(c(ccuc<cKc<cccccc<ccccccccccfcw . LESS AND EXCEPT: that por- Fees for Printing.......................................................$ tion conveyed to the Arkansas Slate Highway Commission un- der Job No. 004999 as road Cost of Proof.............................................................$ right of way in Deed Reference 98-091218 of the Office of the , Circuit Clerk and Ex-officio Re- Total..........................................................................$ corder of Washington County. Arkansas, containing 0.12 acre, more or less. - r FAYETTEVILE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Ed Connell, Engineering From: Heather Woodruff, City Clerk Date: January 5, 2000 Attached is a copy of the ordinance authorizing eminent domain proceeding for the property owned by B.J. White for property located along Highway 265. The original will be microfilmed and filed with the City Clerk. cc: Tim Conklin, City Planner STAFF REVIEW FORM X AGENDA REQUEST °2 D _ CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of December 21 , 1999 FROM: Jill GoddardEneineerinp Public Works ame Drviston Deoartmenr ACTION REQUIRED: Passage of an ordinance authorizing the City Attorney to seek possession of certain lands located along Highway 265 in the City of Fayetteville, Arkansas, by the Power of Eminent Domain, in association with the required easements for the Highway 265 Water and Sewer Relocations. Such property is owned by B. J. White (Parcel No. 765- 14286-000) . COST TO CITY: $ 1 .400.00 $ 3 .999.559 ahghwma _265 - W/S Relocations ost o this Request ategject Bu g� et category/ProjectName 5400-5600-5808-00 $ 2 , 167 , 7 8 7 Water & Sewer Improvements Account um er un s sed fo ate Program ame 97043-30 $ 1 , 931 , 772 ( t ) cn CA Project Project umber Rematntng Balance and BUDG � X Budgeted Itemget Adjusment Attached Budget (Ad*mira ervtces Directr CONTRACT/GRANT/LEASE REVIEW: XRAING AGE CY. Aa -13 9� -�3 -yqAc min ger Date Au [tor Date AIL Cy y Att ey Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: Have been unable to reach agreement with property owners for reasonsas explained in the following memorandum. Staff recommends condemnation approval, along with an emergency clause, on this property such that contractor will not be delayed in initiating this project. / 3- g 9 airtment Head Date Cross Reference New Item: Yes X No Di ' or Date Prev Ord/Res #: Ad ntst ve ery [rector Date Orig Contract Date: Ma r atm Page 2 STAFF REVIEW FORM Description Condemnations--Highway 265 - Water/Sewer Relocations Meeting Date December 21 , 1999 Comments: Reference Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor FAYETTEV?LLE THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE DATE : December 10, 1999 TO: Fayetteville City Council THRU : Fred Hanna , Mayor Charles Venable, Public Works Director Donald Bunn , Assistant Public Works Director Jim Beavers, City Engineer FROM : Jill Goddard , Land Agent 6ev�:-) SUBJECT: Highway 265 Water/Sewer Relocations Phase I Project No. 97043 B. J . White/Bob & Kathy McDaniel (Parcel No. 765- 14286-000) The City has been acquiring easements along Highway 16 and Highway 265 for water and sewer relocations to be constructed prior to the Highway Department widening of Highway 265. There is one property yet to grant an easement across which a sewer needs to be relocated . Given the extremely short time frame in which to do these relocations , 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. Initially, this sewer line was to terminate at the southwest corner of the Wilson property (immediately north of Deerpath Drive). However, it was discovered that the existing sewer extends north to two other properties and although these properties were not connected to the sewer system, service needs to continue to be provided . As there is not enough room in the right of way to place the sewer line, a twenty-five foot wide easement adjacent to the new east right of way line is needed . As to the White/McDaniel property, there is some dispute as to ownership. In August 1999, the McDaniels quit claimed the property to Mr. White with the verbal agreement that he was to quit claim it back after certain conditions were met. County records list Mr. White as being the owner. There is no quit claim deed to the McDaniels on record , although they have a redemption deed for paying back taxes on the property which was filed in early September 1999. As of mid-November, telephone contact with the McDaniels was discontinued and mail is undeliverable. Packet was mailed to Mr. White , but have been unable to contact him by phone. An independent appraisal was requested from Mark Risk, The Real Estate Consultants, to determine land value. The original offer amount was based on appraisal information prepared by the Highway Department for their right of way acquisition. The appraisal was received December 10, 1999. A revised offer will be mailed to Mr. White on December 13 , 1999, along with notification of the council meeting . HIGHWAY 265 WATER/SEWER RELOCATIONS CASE HISTORY B . J . White(Bob & Kathy McDaniel) Parcel No. 765-14286-000 Oct. 25, 1999 Determined by engineers that sewer line could not end with manhole in southwest corner of Wilson property. Existing sewer line extends north across White/McDaniel property. Although city sewer service was not used by property in past, service needs to continue to be provided . Residents have indicated they now want sewer service. Nov. 4 , 1999 Packet prepared containing offer letter, side letter, drawings, and easement document. Nov. 5-16, 1999 Numerous attempts to contact White and/or the McDaniels made. Nov. 16 , 1999 Holly Jones, contractual representative for the City contacted the McDaniels. Aug . 1999 Quit Claim Deed to B. J . White from Bob & Kathy McDaniel. County considers White owner. McDaniels insist they own property (they have redemption deed dated Sept. 1999 for paying back taxes), but White has yet to quit claim property back to them (as promised ). We have no phone number or mailing address for B. J . White. May have to take through courts to acquire easement. Nov. 17 , 1999 Appraisal requested from Mark Risk, the Real Estate Consultants to prepare for the possibility of condemnation . Nov. 17-23, 1999 Numerous messages left for McDaniels. Messages left for B. J . White in Pea Ridge (but unsure if this is same person we're looking for). Nov. 24, 1999 McDaniels' phone number has changed and is now unlisted . Nov. 29, 1999 Mailed packet to B.J . White at 156 N . Crossover. Dec. 1 , 1999 Packet returned as undeliverable . Dec. 1 , 1999 Packet mailed to B . J . White at Pea Ridge address. Message left on his answering machine. (Think this is right person--he is a house mover and the McDaniels had a house moved onto this property. ) Dec. 10, 1999 Received appraisal from Mark Risk. Dec. 13 , 1999 Sent (via certified mail ) notification of council meeting set for December 21 , 1999 , to B . J . White , Pea Ridge. Sent revised offer letter and packet to B . J . White . APPRAISAL REPORT FOR CITY OF FAYETTEVILLE Limited Summary Appraisal Report PROJECT Highway 265 Water/Sewer Relocation (Job No. 97093) COUNTY Washington PARCEL # 765-14286-000 LOCATION 156 N. Crossover Rd., Fayetteville, AR (FT SE/4 NE14 0.57 A 14-16-30) FEE OWNER BJ White/ Bob and Kathy McDaniel ADDRESS 156 N. Crossover R&, Fayetteville, AR 72701 ESTATE APPRAISED Fee Simple AREA OF WHOLE 0.57 acres AREA OF RESIDUAL 0.51 acres AREA OF PERMANENT ACQUISITION 2,510 Sq. Ft. or .06 acre (Desaiptions attached) Permanent Utility Easement 2,510 Sq. Ft. Temporary Construction and Grading Easement 2,008 Sq. Ft. ESTIMATED FAIR MARKET VALUE OF THE PROPERTY: Before Land S 17 ,000 Improvements $ 0• Total S17,000 After Land $ 16,650 Improvements $ 0• Total 16.65 FAIR MARKET VALUE OF PERMANENT EASEMENT ACQUISITION S 350 As of 8th day of December, 1999 ALLOCATION OF F.M.V. OF TOTAL ACQUISITION UtilityEasement 2,510 SF @ S.69/SF x 0.20 = $ 347 Say S 350 T.C.E.'• 2,008SF@S.69/SFx0.10 = $ 137 Say $ 150 Trees (3) Trees (a) 5300/each = $ 900 Say S 900 Improvements: None $ 0 Total R-&W, T.C.E., Trees, & Improvements $ 19400 Damages or Benefits: Total Compensation $ 1,400 Say 51,400 ATTACHMENTS: / X Certificate of Appraiser X Phonographs icer E. ' 16y! 02 X Site, Improvement, H&B Use Narrative c"s��s Fttc RTIFl X Legal Descriptions o•. ,n..............4�t;� X Market Data Approach :c '' STf7E X Survey =` ` ! CERTIFIED t o = ! X Tax Assessment Card = _ i GENERA,,Lrr� i a • The appraise has not determined the value of the existing subject improvemmts?Jua (b�i'i� rQWT tli'at t y are not significantly affected by the partial taking. '.��� /y",._,_..•-�y�f-a '• Permanent Utility Easement Value is based upon 200/6 of the fee simple land valuiv"_gl, Temporary Construction Easement (T.C.E.) value is based upon the fee simple land valP15 iod t mm 100/6 to reflect a fab return plus a prenium for inconvenience. FAYET SEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS December 10, 1999 VIA CERTIFIED MAIL B . J . White 14487 It'll Do Road Pea Ridge , AR 72751 RE : Highway 265 Water/Sewer Relocations Job No. 97043 Tract No. 1X Notification of Council Meeting Dear Mr. White: This letter is to inform you that an ordinance authorizing the City Attorney to seek possession of the areas required for the water/sewer easements across the property at 156 N . Crossover is being presented to the City Council for first reading at their meeting on December 21 , 1999 , at 6: 30 p .m. , Room 219, City Hall , 113 W. Mountain Street, Fayetteville, Arkansas. Numerous attempts have been made to contact you and/or Bob and Kathy McDaniel over the last month . As of this date, we have not received a signed easement document for the property at 156 N . Crossover. We urge you to address this matter at your earliest convenience as the City has a very limited time frame in which to relocate utilities. However, we need information from you to ensure that the proper parties convey the easement. Because of the ownership cloud upon the title of this property, the City of Fayetteville requested an independent appraisal , the first step before obtaining possession through the courts. However, please keep in mind that condemnation proceedings can be stopped at any time if matters are clarified and an agreement is reached before the court date. A City Land Agent will be glad to meet with you to discuss all phases of this project and the associated easements. Please contact Jill Goddard at (501 ) 444-3407 or Ed Connell at 444-3415. Sincerely yours, Jim Beavers City Engineer JB/jsg 113 WEST MOUNTAIN 72701 501521-7700 FAV 5111 SSS Q947 FAYETTEV LLE � THE CITY OF FAYETTEVILLE, ARKANSAS December 10, 1999 B . J . White 156 N . Crossover Fayetteville , AR 72701 RE: Highway 265 Water/Sewer Relocations Job No. 97043 Tract No. 1X Revised Offer Letter Dear Mr. White: The City of Fayetteville is in receipt of an appraisal conducted by the Real Estate Consultants (copy of the cover page is enclosed ). In an effort to negotiate this offer without legal action , the City is prepared to make a revised offer based on this appraisal . 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 $350.00 for the conveyance of rights associated with the Permanent Easement (2 ,510 square feet), $150.00 as rental of the lands associated with the Temporary Construction Easement (2,008 square feet), and $900.00 in landscape damages; making the total offer amount $ 1 ,400 .00. The temporary construction easement will terminate upon completion and acceptance of the project by the City. Should you elect to accept this offer, the Water/Sewer 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. 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. 113 WEST MOUNTAIN 72701 501521-7700 cnv s 1 tea A99;7 I Mr. White Revised Offer Letter, Page 2 of 2 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 Water/Sewer 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. We urge you to address this matter at your earliest convenience as the City has a very limited time frame in which to install these utilities. 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 Jill Goddard at (501) 444-3407, Ed Connell at 444-3415 or I can be reached at 575-8206. Sincerely yours, Jim Beavers City Engineer JB/jsg Attachments THE CITY OF FAYETTEVILLE, ARKANSAS November 4, 1999 B. J. White 156 N. Crossover Fayetteville, AR 72701 RE: Highway 265 Water/Sewer Relocations Job No. 97043 Tract No. 1X Offer Letter Dear Mr. White: In conjunction with the widening of Highway 265 from Highway 16 north to Highway 45, the City of Fayetteville is required to relocate the majority of water and sewer lines that now service this area. These relocations are to be done just prior to the highway widening. It is therefore necessary to obtain permanent and temporary construction easements across a portion 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 $260.00 for the conveyance of rights associated with the Permanent Easement (2,510 square feet), $110.00 as rental of the lands associated with the Temporary Construction Easement (2,008 square feet), and $900.00 in landscape damages; making the total offer amount $1,270.00. Should you elect to accept this offer, the Water/Sewer 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. 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. 113 WEST MOUNTAIN 72701 501 521-7700 El Mr. White Offer Letter, Page 2 of 2 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 Water/Sewer 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. We urge you to address this matter at your earliest convenience as the City has a very limited time frame in which to install these utilities. 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 Jill Goddard at (501) 444-3407, Ed Connell at 444-3415 or I can be reached at 575-8206. Sincerely yours, Jim Beavers D City Engineer JB/jsg Attachments FAYETTEV&LE THE CITY OF FAYETTEVILLE, ARKANSAS November 4, 1999 B. J. White 156 N. Crossover Fayetteville, AR 72701 RE: Highway 265 Water/Sewer Relocations Job No. 97043 Tract No. 1X Side Letter Dear Mr. White: In reviewing the plans for the above mentioned project, some special items need to be taken into consideration. Construction of the water line will necessitate the removal of certain trees and shrubs within the permanent easement area. The City tries to avoid damage to and the loss of trees and other vegetation; however, there are times when circumstances leave no other choice. The City cannot adequately compensate you for the loss of any mature trees that are in landscaped areas; however, the following proposed compensation will allow you, at your discretion, to have a local nursery plant similar trees (2" diameter) as a substitute for the trees that will have to be removed (see attached drawing for detail): 1 -7"elm\ =2@$150 $300 1-4"elm/ 1 - 12" cedar =2@$159 $300 Subtotal $ 600 Nursery installation 300 Total Proposed Compensation for Landscape Damages $ 900 The City does not encourage the planting of new trees in the specified permanent easement area because such trees inhibit the future use of said easement area. If you have any further concerns or comments, please feel free to call either Ed Connell at 444-3415 or Jill Goddard at 444-3407. Sincerely yours, A Jim Beavers City Engineer JB/jsg 113 WEST MOUNTAIN 72701 501 521.7700 CAy cm c7c.OncT ckc 0 W U a c O O u O �l 0 Oy1 U W yy a LL £ NV V N01100tl1SN00 AtivtlOdW31 T2 r V30 .0 _ _ 1 y 0v30 .9 y Wl3 0v30 .9 c 1N3W3SY31N3NVWtJ3d yL i0 3003 v39v l3AVN9 ,6 533 `1� `J AUO%�IN f 3N015 %0r! �N u 9 u m 1 NINO ,S IAN 9 — 4vA IN3N3SV3 .52 0NIIStX3 <od N0 0DW AINO AVld5 M SYO .t 1N3w3AVd 0V08 a: a VL78 834 OSS02f3 HIGHWAY 265 WATER/SEWER RELOCATIONS END CONST JOB Project No. 97043 Project: Highway 265 Water/Sewer Relocations Parcel No. 765-14266-000 Tract No. ix WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT B. J. White, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT. SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement and a temporary construction and grading easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: •I1nI'a.i*WlklL.R Part of the Southeast Quarter (SE'/,) of the Northeast Quarter (NE%) of the Section Fourteen (14) in Township Sixteen (16) North of Range Thirty (30) West, described as follows, to -wit: Beginning at a point 500 feet North and 82 feet East of the Southwest corner of said forty acre tract, and running thence East 300 feet, thence North 100 feet, thence West 300 feet, thence South 100 feet to the point of beginning. LESS AND EXCEPT that portion conveyed to the Arkansas State Highway Commission under Job No. 004999 as road right of way in Deed Reference 98-091218 of the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, containing 0.12 acre, more or less. u • • A twenty-five (25) foot permanent easement of equal and uniform width located along the East side of the Arkansas Highway Right of Way line as referenced by State Highway Commission Job No. 004999. This easement is more particularly described as beginning at the Grantor's South property line and extending North 100 feet, more or less, to the Grantors' North property line, containing 2,510 square feet (0.06 acre), more or less. The bearings used in the above description are referenced from bearings developed by the Arkansas Stale Highway Commission for the Highway Project No. 004999 Right of Way Plans and will be different than the bearing system previously used in describing the Owner's property. A temporary construction and grading easement twenty (20) feet in width being parallel with and contiguous to the above described permanent easement and situated on the East side thereof. This temporary construction and grading easement contains 2,008 square feet (0.05 acre), more or less, together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas. It is expressly understood that the above temporary construction and grading easement shall exclude any permanent structure presently located or under construction within said temporary construction and grading easement area during the construction of the hereinabove referenced project. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water, and to pay any damages which may arise to growing crops or fences from the construction, maintenance and operation as determined by three disinterested persons. One thereof to 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. 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 pipe lines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. WATER/SEWER EASEMENT White Page 2 of 2 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. B. J. White STATE OF ARKANSAS COUNTY OF WASHINGTON (Spouse) ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared B. J. White and , to me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that he/she/they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of , 1999. Notary Public MY COMMISSION EXPIRES: UTILITY EASEMENT MAP SITE OF EAS'EME'NT i EASEXENT TRACT NO. 1% PERMANENT UTILITY EASEMENT AV.. Wh7TE 2.510 SOFT. (0.05 ACRES) TEMPORARY CONSTRUCTION EASEMENT 2.000 SQ.f7: (0.05 ACRES') it I. i I I I I I I I I 9 Scale: 1"=40' C I QIQ J 20' tDC i 25• x 2s 33 H PWO°OSCJ /UTILITY EnSEMCNt \ X./S Ei1'TEE'P.4LSG5' W Np5'29'31•C I //\yI 2533' \II\\ AKL :ii'TiZ:Y::: :'jj. � Rl2Q:AfFO REA B.✓. WHITE El 2 b N W I NBs'31'pD'C I �Aypy DRIK 253J' I�1 Im I I I a 32 3 a Cl I I- s I RRwarn I 18 nor NS5'2p'�3'C _ arp_RM CSIAICs ' 'x I W ry I I I Mr'N SV)RNSIW tfK N 3p5053]'V IpPM PA' LRt - µtp^RMK 6 1 25]3' p- W1.1FA t -,n O a DEERPA T�f f DRIVE _'- Splm RN l.➢� QCCRIMM ____ N95'p5'3J'C N_ paPPRM (SR ICS - R1'K I O SWIM IS DRIVIISS ' lIK u al I gl _ ` t°. l .IICRSTY R AWMAN of I Washington County OaaI Estate Assessmentaecord Parcel Number 65-14286-000 Location Address I 156 0© Owner Mailing Address HITE, B J 56 CROSSOVER FAYETTEVILLE I AR I 72701__ Property Type RI IIRD I Current year 1999 Appraised Assessed Land value 12,500 2,500 Imp. value 38,850 7,770 Total value 51,350 10,270 Legal Description Lot I Block II Section -Township -Range 14-16-30 Addition 4-16-30 FAYETTEVILLE OUTLOTS Legal Deed 9/09199 I 9944051 I IRD I 0.00 0 School District AYETTEVILLE SCHOOLS I City description IFAYETTEVILLE - w o n O .-n U1 O OD .7 � ` • • IO y aD rn d OO 0 cn --4 .y N m .~-I .-• .-d ti n -I 0 �1� -- LIB u •cl Id M N .C U• .. : 7 W Ic .1.' N d C4 ' - n ,E -1 'D y U. • �. .r Z H C E 01-1< Z H q. .-i F z 3 C O• rt d C4 d V PG O' .- .- c Iq N .C U OD urn n n .7 z O ct 1 .7 I I O H O d P E •.: \ �.: co 00 O� Ln cn W N �r a0 n .•-1 N v i-n en .+ a' n ON rn -Jo LA ¢O 00 wm J I.,c U ) 0 Zo c N p N >; Q 0 d T C 0 = .n-1 W O O O O0Q J V IC)IC)IO)IC)I01m1 Cl 0)IC,101Im10IC�0) I p W it 0- G a E• In u — O N- C, > V1 C ul O C Y I— • ' C Z �_ C O en n, I.,• J C S I .- LL U. I .-.Z I I = . c O d U L. Z J r+ Of- .- S Ul 2 L' c. c' O 0% Z .. O1- c in Ov C O� co F L > O •- W u•. rn w,. v s, In �� CG Q HO u File #: 1999-077320 of 1 QUITCLAIM DEED HUSBAND AND WIFE KNOW ALL MEN � ��y B,Y THESE PRESENTS: THAT WE, AL_Ka•1.R11Y (YLEDi+n/ t£G-. husband and wife, hereinafter called Grantors, for and .In considera- tion of the sum of One Dollar ($1.00) and other good and valuable consideration to us in hand paid by hereinafter called Grantee, do hereby grant, mail and quitclaim unto the said Grantee and Grantee's halrs and annlgns, the following described land, situate in LL)F}Sk,,1N+o* County, State of Arkansas, to -wit: FILED FOR RECORD •''99 PUG 25 PPI 2 17 WASHINGTON CO AR K. HARNESS / • Pftrt osr -Eht southc0.Sb (A 01rter Ls � ) oath � • yoethcas>"9uoftcr (v&-) oc- s ,- tow Fourtt-a^ Lrg7 /N To klNSf f s iX fcCN it) IuDrt1 Dj_ AM1.C ; Th lt*-y (3o) Lacs-i dcScr; bcd) R's S,-tLcows To-w;+ grcIlyjj Iv &4 po'a} Soo �cd-Nortkrru (BaCee • £><1StCFI-I>,e SocrihwcS* CotNcr 091-S• A c7FoeIC4CR Tact ANA!'crNN•,N� 7-4c.y,/ Ep-st- 3oo-�ee�-17 hcNC�, Nokt) /oocc•d_fi �1twCe wzSt Boo C tfTdc,vC $ot¢( loo Fctt70 tI, pa 1A)+- o�-bc,,NNI . To have and to hold the said and, and appurtenance, thereunto belonging unto the said Grantee and Grantee's helrs and unions, forever. WITNESS our hands and wale an this day of • 19J_[. THIS INSTRUMENT PREPARED BY " 17 ACKNOWLEDGMENT STATE OF ARKANSAS County of mhc;n wv Ob Gjtl\ .ij'%f}I* 1992, before me, a notary public, personally appeared and • nn �tuDj$e__e• f}yi y((IfFAdwlly proven) to be the persons whose names are subscribed to the foregoing Instrument and ecII(Pn+o41.OgBd` Het ;tIff had oi*culed the same for urposes Herein met forth. In witness wherrof I hereugto.Se) tin t�n�ind 'ollldal :... v My Commission Expires ;•+rby Z. ...... ! Nola u Ilc .. hoc n .._ _ (1 [�(� ry 'aJj oonaw-'ruu,u,,�"�_ J.7ll�d?t^4,I (Seal) File #: 1999-08405 of 1 REDEMPTION DEED NO. 135850 CHARLIE DANIELS COMMISSIONER OF STATE LANDS STATE OF ARKANSAS i:!P Issued under the provisions of Act 151 of 1891, Act 626 of 1983 and Act 814 of 187 ct � co a cn T THE STATE OF ARKANSAS: _ fl -o rn Z I-. To All Whom these Presents Shall Come— GREETINGS: y 0) z o mz KNOW YE THAT, WHEREAS: The following described lands situated in the County of 4/,ibinn in t State of Arkansas, to Wit o 0 m 0 C Description: PT SE114 NE1/4 Section: 14 Township: 16N Range: 30W Acres: .57 Addition: (OUTLOTS) City: FAYETTEVILLE (100 X 300) Parcel Number: 765-14286-000 Year Forfeited: 38-370 1995 Receipt #: 93050 were certified to the Commissioner of State Lands, by the County Collector for the non-payment of taxes for the years herelnbelow set forth; and that the taxes, penalties, Interest and cost outline below have been paid to the Commissioner of State Lands; AND WHEREAS BOB & KATHY MCDANIEL 156 CROSSOVER FAYETTEVILLE, AR 72701 claiming to be the owner(s) of said real property, filed a petition to redeem duly verified according to the law, showing such ownership. NOW THEREFORE, I, CHARLIE DANIELS, Commissioner of State Lands within the State of Arkansas, for and In consideration of $1,128.78 so paid and by virtue of the authority in me vested by law, do hereby release and quitclaim unto the said BOB & KATHY MCDANIEL and their heirs and assigns forever all right, title and interest the State of Arkansas acquired under any forfeiture, sale or condemnation for taxes. WITNESS MY HAND AND OFFICIAL SEAL September 9, 1999 Taxes 1995- 1997 $857.22 Imp. Tax Due $0.00 Interest $145.84 Penalty $85.72 County Costs $2.00 Recording Fee $8.00 Deed Fee $5.00 Commissioner Fee $25.00 Municipal Lien $0.00 Total Paid: $1,128.78 Deed Mail to: BOB & KATHY MCDANIEL 14409 MCDANIEL ROAD FAYETTEVILLE, AR 72701 WARRANTY DEED H OZ �i2 Husband and Wife Conveying as Tenants by the Entirety, Jointly or in Common KNOW ALL MEN BY THESE PRESENTS: That we, Ida Ehrlich and L. J. Ehrlich, a/k/a Ida Ehrlich and Laubhan J. Ehrlich, husband and wife, hereinafter called Grantors for and in consideration of the sum of One Dollar ($1.00 and other good and valuable consideration to us in hand paid by BOB MCDANIEL and KATHY MCDANIEL, husband and wife, hereinafter called Grantee, do hereby grant, bargain and sell unto the said Grantee and Grantee's heirs and assigns, the following described land, situate in Washington County, State of Arkansas, to -Witt Part of thu Southeast quarter (SEk) of the Northeast quarter (HEk) of Section Fourteen (14) in Township Sixteen (16) North of Range Thirty (30) West, described as follows, to -wit: Beginning at a point 500 feet North and 82 feet East of the Southwest corner of said forty acre co tract, and running thence East 300 feet, then, North 100 feet, thence West 300 feet, thency e South 100 feet to the point of beginning.9 c ! y d TO HAND AND TO HOLD the said lands and appurteni oea_'thizre1Cb belonging unto the said Grantee and Grantee's heirs:iQd meal n forever. And we, the said Grantors, hereby convena'l )hat r 4fP lawfully melted of said land and premises, that the eeawe•ia unincumbered and that we will forever warrant and 4f46a ttitle to the said l ands against all legal claims whatever. ,'- st s And we, the respective Grantors, hereby releasc and �rmelinquish unto the sold Grantee our respective dower/curtesy and homestead._. in and to said lands. _✓f';q'r4 WITNESS our hands and seals on thisday of 19.&, .e..a / t4i2D.. / P t6 •I This instrument prepared by: "" Jones 0. Strother P.O. Box 726 Springdale, AR 72765 N ACKNOWLEDGMENT STATE OF ARKANSAS as. COUNTY OF WASHINGTON On this the /4 day of ��, 19f(r, before me, a notary public personally appeared Ida Aar.4,known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledged that she had executed the same for the purpose therein set forth. .. In witncto whereof I hereunto get my hand en,i official seal. M)LQOlkrai R(si I.r s: �J�..��1���.vrl amour s Jr .• 1iM' NOTAR 'P 'a,S . otarery er rLrs e. Ws.ar W " INGTON COUNTY ACKNOGMEM ... e5nie ARKANSAS WLEDy�C .r — •' s STATE OF A• /✓re's` ea' COUNTY OF On this the 9L. day of /Vey,— . 191. known to ss (me before me. a notary public, personal y appeared u anan'-T. rile , satisfactorily proven) to be the person whose nose is subscribed to the foregoing instrument and acknocedthe same for the pur�oso th1rtin set t r In witnesser•o[[ ereanto • my halA�d o�tlotal,palr�. My eolmm�i��ee�R,�fiLat �R3 1) FILED rOR fCCOfD '98 0CT 23 fill 11 44 Job No. 004999 Tract No. 1X WASHINGTON CO AR WARP DEED i KNOW ALL MEN BY THESE PRESENTS: THAT we, Bob McDaniel and Kathy McDaniel, husband and wife, for and in consideration of the sum of SIXTEEN THOUSAND FOUR HUNDRED AND NO/100 dollars ($16,400.00), and other good and valuable consideration, cash in hand paid by the Arkansas State Highway Commission, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the Arkansas State Highway Cosrmisaion and unto its successors and assigns forever the following lands, save and except such minerals therein and thereunder, as oil, gas, distillate, condensate, salt water and its component parts, and all other hydrocarbons which do not interfere with the surface use for highway purposes, lying and being situated in the County of Washington, State of Arkansas, to -wit: Part of the Southeast Quarter of the Northeast Quarter of Section 14, Township 16 North, Range 30 West, Washington County, Arkansas, more Particularly described as follows: Starting at the Northeast Corner of the Southeast Quarter of the Northeast Quarter of Section 14; thence South 850 Sr 49" West along the North line thereof a distance of 1229.60 feet to a point on the Easterly existing right of way line of Arkansas State Highway 265; thence South 00° 49' 54" East i.' along said existing right of way line a distance of 315.34 feet to a point; thence South 05° 52. 18" East along said existing right of way line a distance of 200.89 feet to a point; thence South 04° 29' 37" East along said existing right of way line a distance of 199.80 feet for the point_oij beginnin • thence North 85° 29. 31" East a distance of 58.15 feet o a point on the Easterly proposed right of way line of Arkansas State Highway 265; thence South O1° 16' 53" West along said proposed right of way line a distance of 100.40 feet to a point; thence South 85° 31. 00" West a distance of 48.04 feet to a point on the Easterly existing right of way line of Arkansas State Highway 265; thence Nth 040 29' 71* West along said existing right of way li eoradistance of 99.87 feet to the point of beginning and containin0.12 acre more or less. §8091218 c,, ;•Y tjJ:: fiS;Y SC ft :I1z t'^'M1,6l, 't49.'y ii'•Illp! e0t,g ..,,o acfjtle,aey IY Mhyr. d%%ntaactta4��y�r/wupau•,dtoa �....'•-.•���'_+�Sa f f"3 r-.---3 NO M TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission and unto its successors and assigns forever. And we hereby covenant with the said Arkansas State Highway Commission that we will forever warrant and defend the title to said lands against all claims whatever.�t// WITNESS our hands on this gmday of 1998. Bob McDaniel I Kathy�ttDaniel ACKNOWLEDGMENT STATE OF SS COUNTY OF BE IT REMEMBERED, that on this day before the undersigned, a Notary Public, within and for the County and State aforesaid, duly commissioned and acting, appeared in person Bob McDaniel and Kathy McDaniel to me well known as the Grantors in the foregoing instrument, and stated that they had executed the same for the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public on this day of _of , 1998. y� 7j/1At.( NOTARY PUBLIC ••` ISSION EXPIRES: 98091219