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Home My WebLink About2001-05-01 - Agendas - Final FAYETTEV?LLE THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA CITY COUNCIL MAY 1, 2001 A meeting of the Fayetteville City Council will be held on May 1 , 2001 at 6:30 p.m. in Room 219 of the City Administration Building located 113 W. Mountain, Fayetteville, Arkansas. A. CONSENT 1 . APPROVAL OF MINUTES: Approval ofthe April 17, 2001 CityCouncil minutes. 2. AIRPORT HANGARS : A resolution approving a grant application to the Arkansas Department of Aeronautics for the rehabilitation of airport hangars. The terms of the grant are a 50150 split of project costs. 3. CMN BUSINESS PARK: A resolution for AD 01 - 18.00 to adopt the hydrologic and hydraulic study for CMN Business Park H, prepared by Garver Engineers. 4, DOUBLE SPRINGS ROAD: Aresolution authoring the City Attorney to seek court ordered possession for the fee simple acquisition of 0.46 acres and the acquisition of 0. 168 acre of temporary construction easement in two parcels from Gary Tipton and Sarah Tipton, HW, and Conley Worley and Virginia Worley, holders of a life estate in conjunction with the Arkansas State Highway and Transportation Department replacement of Double Springs Road Bridge. 5. CHILDREN'S HOUSE: A resolution approving a long term lease with the Economic Opportunity Agency of Washington Co. for Children's House and Sage House. B. OLD BUSINESS 1. PHYSICAL ALTERATION OF LAND : An ordinance amending Section 169.03 of the Code of Fayetteville, Physical Alteration of Land. The ordinance was left on the first reading at the April 17, 2001 meeting. 113 WEST MOUNTAIN 72701 501521-7700 FAX 501575-8257 2. STORMWATER AND DRAINAGE: An ordinance amending Section 170.03 of the Code of Fayetteville, Stormwater Management, Drainage and Erosion Control. The ordinance was left on the first reading at the April 17, 2001 meeting. 3. RZA 01-1 .00: An ordinance approving annexation request RZA 01 - 1 .00 as submitted by Michele Harrington on behalf of TMC and Associates for property located east of Sunshine Road and north of Highway 16. The property is in the City Planning Area and contains approximately 40 acres. The request is to annex subject property into the City of Fayetteville. The ordinance was left on the first reading at the April 17, 2001 meeting. 4. RZ 01-6.00: An ordinance approving rezoning request RZ 01 -6.00 submitted by Michele Harrington on behalf of TMC and Associates for property located east of Sunshine Road and north of Highway 16. The property is zoned A- 1 , Agricultural, and contains approximately 40 acres. The request is to rezone to R- 1 , Low Density Residential. The ordinance was left on the April 17, 2001 meeting. C. NEW BUSINESS 1 , AD 01-8.00: An ordinance amending Chapter 171 "Streets and Sidewalks", Section 171 . 12 "Property Owner to Construct Sidewalk Upon Receipt of Notice" of the Unified Development Ordinance to adopt a replacement Section 171 . 12 to include a change that would allow the City Sidewalk Administrator to accept money in lieu of construction and enlargement of properties affected (lot splits, renovations, conditional use). 2. RZ 01-7.00: An ordinance approving rezoning request RZ 01 -7.00 submitted by Stephen Mansfield of Mansfield Property Management, LLC for property located at 932 N. Garland Avenue and 1003 Hughes Street. The property is zoned R-3, High Density Residential and contains approximately 0.26 acres. The request is to rezone to R-O, Residential Office. 3. ADDITIONAL PERSONNEL: A resolution authorizing additional personnel for the Mayor's Administration Division, the Parks and Recreation Division, the Inspections Division, the Urban Development Department. Also, approval of an attached budget adjustment is also requested to cover the City's 2001 cost of $ 115, 128. 4. IMPACT FEE STUDY: A resolution accepting two reports prepared by Duncan and Associates in association with Cooper Consulting Company titled Impact Fee Study: Policy Directions Memorandum and Development Fee Survey. City Council direction on Phase Two of the impact fee study project is also requested. 5. SPECIAL ELECTION: An ordinance calling and setting a date for a special election on the question of advising the City Council whether or not to raise two mils general property tax to be utilized to help finance the new Fayetteville Boys and Girls Club. 6. TREE PROTECTION AND PRESERVATION: An ordinance amending the Tree Protection and Preservation Ordinance to allow for a waiver, reduction or alteration in the requirements of the Tree Preservation Ordinance. Meeting of May 1 , 2001 REYNOLDS ✓ THIEL YOUNG ZURCHER TRUMBO ✓ DAVIS ✓ SANTOS JORDAN ✓ ✓ COODY ✓ GSI J REYNOLDS THIEL ✓ YOUNG I✓ ZURCHER TRUMBO ✓ DAVIS ✓ SANTOS ✓ JORDAN ✓ COODY Meeting of May 1 , 2001 6lv REYNO DS t/ [✓ ✓ THIEL ✓ YOUNG V/ ZURCHER ✓ TRUMBO ✓ ✓ DAVIS ✓ SANTOS ✓ '� ✓ JORDAN ✓ ✓ v COODY ryP REYNOLDS ✓ �/ THIEL ✓ t/ // YOUNG 1/ ✓ t/ ZURCHER ✓ ✓ TRUMBO ✓ / �/ DAVIS ✓ ✓ �/ SANTOS ✓ ✓ �/ JORDAN �/ ✓ COODY Meeting of May 1 , 2001 IZZ0 1 - z V.0 REYNOLDS ✓ ✓ ✓ THIEL ✓ YOUNG ✓ I✓ ✓ ZURCHER ✓ ✓ Al TRUMBO ✓ �/ �/ DAVIS ✓ ✓ ✓ SANTOS ✓ �� JORDAN ✓ COODY -� REYNOLDS ✓ ✓ �✓ THIEL ✓ ✓ YOUNG ✓ ✓ I/ ZURCHER TRUMBO ✓ DAVIS ✓ go SANTOS ✓ �— JORDAN ✓ �/ ✓ COODY Meeting of May 1 , 2001 of PL REYNOLDS ✓ ✓ ✓ THIEL ✓ ✓ `� YOUNG ZURCHER t/ ✓ ✓ TRUMBO ✓ DAVIS ✓ I/ ✓ SANTOS ✓ ✓ ✓ JORDAN �✓ ✓ ✓ COODY REYNOLDS THIEL YOUNG ✓ ZURCHER J TRUMBO DAVIS SANTOS ✓ JORDAN COODY Meeting of May 1 , 2001 REYNOLDS THIEL '� ✓ YOUNG '� f ZURCHER '� ✓ TRUMBO ✓ ✓ DAVIS SANTOS ✓ `� JORDAN ✓ COODY 7— 1A Na�l b REYNOLDS THIEL YOUNG ZURCHER TRUMBO DAVIS SANTOS JORDAN COODY x x Meeting of May 1 , REYN LDS THIEL YOUNG ZURCHER TRUMBO DAVIS SANTOS JORDAN COODY REYNOLDS THIEL YOUNG ZURCHER TRUMBO DAVIS SANTOS JORDAN COODY r FAYETTEVILLE 1 THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA CITY COUNCIL MAY 19 2001 A meeting of the Fayetteville City Council will be held on May 1 , 2001 at 6:30 p.m. in Room 219 of the City Administration Building located 113 W. Mountain, Fayetteville, Arkansas. A. CONSENT wt l f J� �� , 1 . APPROVAL OF MINUTES: Approval of the April 17, 2001 CityCouncil minutes. (/"' �V 2. ✓AIRPORT HANGARS: A resolution approving a grant application to the Arkansas i5 b1 Department of Aeronautics for the rehabilitation of airport hangars. The terms of the /grant are a 50/50 split of project costs. ✓ 3. CMN BUSINESS PARK: A resolution for AD 01 - 18.00 to adopt the hydrologic and 451 � 0 ) hydraulic study for CMN Business Park H, prepared by Garver Engineers. 4, DOUBLE SPRINGS ROAD: A resolution authoring the City Attorney to seek court 1 , ordered possession for the fee simple acquisition of 0.46 acres and the acquisition of 0. 168 acre of temporary construction easement in two parcels from Gary Tipton and Sarah Tipton, HW, and Conley Worley and Virginia Worley, holders of a life estate in conjunction with the Arkansas State Highway and Transportation Department replacement of Double Springs Road Bridge. i 0 G 5, CHILDREN'S HOUSE : A resolution approving a long term lease with the Economic Opportunity Agency of Washington Co. for Children's House and Sage n p House. COB. OLD BUSINESS 1PHYSICAL ALTERATION OF LAND : An ordinance amending Section 169.03 of the Code of Fayetteville, Physical Alteration of Land. The ordinance was left on Q the first reading at the April 17, 2001 meeting. 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575-8257 2.JJ STORMWATER AND DRAINAGE: An ordinance amending Section 170.03 of the Code of Fayetteville, Stormwater Management, Drainage and Erosion Control. (� The ordinance was left on the first reading at the April 17, 2001 meeting. e�� ` / e� /� -rI671V �E7�� ip�✓ ,tpiz il/6 C 3. fJf RZA O1-1.00: An ordinance approving annexation request RZA 01 - 1 .00 as submitted by Michele Harrington on behalf of TMC and Associates for property located east of Sunshine Road and north of Highway 16. The property is in the City Planning Area and contains approximately 40 acres. The request is to annex subject property into the City of Fayetteville. The ordinance was left on the first reading at 4. ✓ the April 17, 2001 meeting. /JRZ O1-6.00: An ordinance approving rezoning request RZ O1 -6.00 submitted by Michele Harrington on behalf of TMC and Associates for property located east of I � Sunshine Road and north of Highway 16. The property is zoned A- 1 , Agricultural, and contains approximately 40 acres. The request is to rezone to R- 1 , Low Density Residential. The ordinance was left on the April 17, 2001 meeting. C. NE7INESS 1. AD O1-8.00: An ordinance amending Chapter 171 "Streets and Sidewalks", Section 171 . 12 "Property Owner to Construct Sidewalk Upon Receipt of Notice" of the ell11 Unified Development Ordinance to adopt a replacement Section 171 . 12 to include VI� a change that would allow the City Sidewalk Administrator to accept money in lieu of construction and enlargement of properties affected (lot splits, renovations, J conditional use). p� 2. J✓✓RZ O1-7.00: An ordinance approving rezoning request RZ O1-7.00 submitted by ^ / Stephen Mansfield of Mansfield Property Management, LLC for property located at 932 N. Garland Avenue and 1003 Hughes Street. The property is zoned R-3, High Density Residential and contains approximately 0.26 acres. The request is to rezone "�1 I to R-O, Residential Office. 3, ADDITIONAL PERSONNEL: A resolution authorizing additional personnel for .01 the Mayor's Administration Division, the Parks and Recreation Division, the to� Inspections Division, the Urban Development Department. Also, approval of an attached budget adjustment is also requested to cover the City's 2001 cost of $ 115, 128. 4. J IMPACT FEE STUDY: A resolution accepting two reports prepared by Duncan and Il "� Associates in association with Cooper Consulting Company titled Impact Fee Study: Policy Directions Memorandum and Development Fee Survey. City Council 1 \�� direction on Phase Two of the impact fee study project is also requested. -� ct 5. SPECIAL ELECTION: An ordinance calling and setting a date for a special election on the question of advising the City Council whether or not to raise two mils general property tax to be utilized to help finance the new Fayetteville Boys and Girls Club. 6. TREE PROTECTION AND PRESERVATION: An ordinance amending the Tree Protection and Preservation Ordinance to allow for a waiver, reduction or alteration in the requirements of the Tree Preservation Ordinance. STAFF REVIEW FORM X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of May 1 , 2001 FROM: n� / Ed Connell % En ink eerinQ Public Works Oame TS n enartment ACTION REQUIRED: Passage of an resolution authorizing City Attorney to seek court approval for the fee simple acquisition ofjM acre and the acquisition of 0.168 acre of temporary construction easement in two parcels from Gary E. Tipton and Sarah Tipton, H/W, and Conley E. Worley & Virginia Worley, holders of a life estate in conjunction with the Arkansas State Highway and Transpportation Department replacement of Double Sp4rings Road Bridge (AHTD Job No. 04152), said lands being located m the SE-ST 10-16-31 Fayetteville Washington CountyAr ansas. COST TO CITY: ZOJ Z3 7 AHTD pmt. Double Snrinas Rd. Reylacem't. ost o tis eques — Category/project BudgetCategory/projectame 44770 ® 2UIz37 449-9470-5817.00 $ Account Number Funs used o ante Program ame 98036 $ CD Prn-vp& nmgr�r Flin _ BUDGET REVIEW: X Budgeted Item _ Budget Adjustment Attached �� n 4 ,/7, z�) l�loet C brrt�inatAr mimctrative . ervmec Dirrrtnr CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:/7 LoID Ac n Alfriliker ate Inte a Audi ate 24 1 ney to Coordinator Date 4 1'1 of urc asmg cer ate STAFF RECOMMENDATION: Staff recommends approval of resolution to seek condemnation by City Attorney. ✓1M OY117 O ion a ate Cross Reference ` New Item: Yes _ No pa nt rector ate < / pC Prev Ord/Res #: nmt five iices vector at 0 Orig Contract Date: a 0 ate Page 2 STAFF REVIEW FORM Description Tipton/Worley condemnation of ROW & TCE for Owl Creek Bridge Project Meeting Date 05-01 -2001 Comments: Reference Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE DATE: April 12, 2001 TO: Fayetteville City Council THRU: Dan Coody, Mayor John Maguire, Administrative Services Director Don Bunn, Assistant Public Works Director Jim Beavers, City Engineer �,� FROM : Ed Connell, Land Agent �j RE: Owl Creek Bridge Replacement Tract # 2, Worley & Tipton Property Right of Way Condemnation AHTD Job No. 040152 Gary and Sarah L. Tipton (H/W) are owners of a 37.52 acre tract of land in the SE-SE-10- 16-31 . Conley and Virginia Worley are life estate holders of this property. A portion of this land is required for road right of way in conjunction with the Arkansas State Highway and Transportation Department (AHTD) improvement and replacement of the subject bridge project. The total fee simple acquisition, in two locations, from this tract of land is 0.408 acres (see illustration attached). Additionally, two temporary easements (0. 168 ac) associated with the road work are also required by the AHTD. These are illustrated in the attached diagram. Mr. and Mrs. Worley and Mr. and Mrs. Tipton all signed the "Contract to Sell" for the amount of $ 10, 475. As is normal with all AHTD acquisitions, the department confirms the ownership and proceeds with a deed and easement closing at a date agreeable to all parties. When it came time to set a closing on this acquisition, Mrs. Tipton refused to sign any documentation pending the outcome of a divorce action with Mr. Tipton. Since the AHTD has already advertized for this project, it is imperative that possession of this tract of land and the associated easements be obtained as quickly as possible. The contract for this project is scheduled to be let on May 16, 2001 . All parties have agreed to the amount of compensation $ 10,475.00. Since legal action is pending between the Grantor parties, depositing the proceeds and obtaining possession of the land can best be done through the courts. The AHTD has asked us to approve and obtain this possession as quickly as possible. Land Owners: Book 2000 , Page 69949 Gary E. Tipton, a married man ( Sarah Tipton, spouse) Conley Eugene Worley & Virginia L. Worley, H/W as Life Estate holders Address (Conley Eugene & Virginia L. Worley) 6316 Wedington Dr. Fayetteville, AR 72704 Phone: 442-6962 Attached are descriptions of the easements and land to be acquired in fee simple. 9- I (5) Richard L. & June Hill 2.44 Ac Total SE-SE- 10- 16-31 2.02 Ac remainder o. Q 3 zC5 zC5 < City of Fayetteville Lift Station N W c0 �� (2) `'YF-2s, Conley & Virginia Worley (Life Estate) and < TCE 2E Gary & Sarah L. Tipton 0 A 37.521 Ac Total -0.270 Ac existing ROW -0.402 Ac New ROW Acquisition # 1 -0.060 Ac New ROW Acquisition 42 v 36.789 Ac Remainder o a U Q g The bearings for these descriptions are based on Arkansas State Highway and Transportation (AHTD) Job No. 040152, Owl Creek Street and Approaches. Title: Worley/Tipton Property Date: 04- 16-2001 Scale: 1 inch = 200 feet I File: owlerk.worley.des Data and Deed Call Listing of File: owlcrk.worley.des Tract l : 40.214 Acres: 1751725 Sq Feet: Closure = s30.2400w 0.00 Feet: Precision >1/999999: Perimeter = 5294 Feet Tract 2: 2.441 Acres: 106332 Sq Feet: Closure = s80.2845e 0.01 Feet: Precision =1/217075: Perimeter = 1413 Feet Tract 3: 0.419 Acres: 18272 Sq Feet: Closure = s08.4911 w 0.01 Feet: Precision =1/124799: Perimeter = 978 Feet Tract 4: 0.103 Acres: 4500 Sq Feet: Closure = s48.0033e 0.00 Feet: Precision =1/63878: Perimeter = 270 Feet Tract 5: 0.013 Acres: 570 Sq Feet: Closure = n37.3715e 0.00 Feet: Precision =1/32457: Perimeter = 159 Feet Tract 6: 37.521 Acres: 1634407 Sq Feet: Closure = nl3.3837w 0.01 Feet: Precision =1/374984: Perimeter = 5119 Feet Tract 7: 0.402 Acres: 17512 Sq Feet: Closure = s27.0210e 0.01 Feet: Precision =1/159272: Perimeter = 1335 Feet Tract 8: 0.060 Acres: 2592 Sq Feet: Closure = n25.5952w 0.00 Feet: Precision =1/108411 : Perimeter = 251 Feet Tract 9: 0.270 Acres: 11775 Sq Feet: Closure = n59.3442e 0.00 Feet: Precision =1/188661: Perimeter = 895 Feet Tract 10: 0. 109 Acres: 4754 Sq Feet: Closure = n58.5829w 0.00 Feet: Precision >1/999999: Perimeter = 378 Feet Tract 11 : 0.059 Acres: 2550 Sq Feet: Closure = s55.1727w 0.00 Feet: Precision =1/82343: Perimeter = 276 Feet 001=589.1125e 1326.40 047=s89.1526e 48.69 002=s01.0924w 1319.73 048=rL31 .5210e 82.54 003=n89. 1930w 1325.21 049=n59.0656e 49.90 004--n01 .0615e 1322.84 050=n39. 1933e 319.57 005=@l Hill - before 051=nOI .0615e 82.50 006=/s89. 1125e 30 052=s89. 1125e 947.01 007=sOI.0504w 25. 19 053=s01.0908w 1319.73 008: Rt R=1998.50, Arc=323.00 054=n89. 1930w 1325.41 009=s 10.2044w 25.97 055=n01.0615e 823.25 010=s01 .0615w 57.27 056=s89. 1526e 50.0 Ol 1=s89. 1526e 48.53 057=n00.0545w 70.0 012=589. 1526e 48.69 058=@3 Worley r/w taking #1 013=n31 .521Oe 82.54 059=/n89. 1930w 1265.24 014-�L59.0656e 49.90 060=n89. 1930w 30.01 015=n39.1933e 319.57 061=nOI .5839e 220.06 016=n01 .0615e 82.50 062: L4 R=620.55, Arc-213.95 017=n89. 1125w 349.39 063=n01 .0615e 218.05 018=@1 Hill r/w taking 064=sO9.2345e 176.54 019=/s89. 1125e 30 065=s07.5901c 162.42 020=s01 .0504w 25. 19 066=sO2. 1229e 94.96 021: RL R=1998.50, Arc=323.04 067=s01 .5839w 219.38 022=510.2044w 25.97 068=@3 Worley r/w taking #2 023=sOI.0615w 57.27 069=/n89. 1930w 1325.21 024=s89. 1526e 48.53 070=/n01.0615e 729. 11 025=s89. 1526e 48.69 071=nO1 .0615e 94. 14 026=n I O.4040w 251.04 072=589. 1526e 50.0 027=nOO.5602e 183.46 073=s23.0918w 43.93 028=n89. 1125w 15.31 074=s33.0246w 63.33 029=@1 lift station 075=@3 Worley existing r/w 030=/s01 .0615w 429.59 076=/n89. 1930w 1295.25 03 1=s89. 1526e 48.53 077=01 .5839e 220.06 032=s00.0545e 70.0 078: Lt R=620.55, Am213.95 033=n89. 1526w 50.0 079=s01.0615w 430.53 034=n89. 1526w 20.73 080=s89.1930e 29.96 035=n I O.2044e 70.99 081=@65 Temp Esmt 2E 036=s89. 1526e 9.33 082=109.2345w 176.54 037=@2 City r/w easement 083=s47.1657e 61 .46 038=/n89. 1125w 1326.40 084=sO8.0249e 81.94 039=/sO1 .0615w 429.59 085=s28.2609w 58.39 640=02. 1348w 71 .43 086=@71 Temp Esmt 2E 041=n89. 1526w 6.95 087--- L33.0246e 63.33 042=n 10.2044e 70.99 088---n23.0918e 43.93 043=s89.1526e 9.33 089=sO3.2255w 101 . 13 044=@l Worley 090=s75. 1057w 47.81 045=/s01.0615w 429.59 091=nOI .0615e 19.71 046=/s89. 1526e 48.53 04/13/2001 09: 03 501-569-2018 AHTD RIGHT OF WAV PAGE 03 ?{/iIs 4 : 2000- 069949 Image 1 OUrrCLldM DEED FILED FOR RECORD KNOW ALL MEN BY THESE PRESENTS: W QUG 22 RM 11 21 .. WAS IN TON CO AR That we, Conley Eugene Worley and Virginia Lee ae��5 bband and wife, hereinafter called Grantor, for and in consideration of the sum of OnNollar ($1 .00) and other good and valuable consideration, while retaining a life estate, do hereby transfer _ grant, sell, and quitclaim unto Gary E. Tipton, hereinafter called Grantee, and Grantee's heirs and assigns a remainder interest subject to our joint life estates in and to the following described lands situate in Washington County, State of Arkansas, to-wit: Part of the Southeast Quarter (SEI/4) of the Southeast Quarter (SEI/4) of Section Ten (10), Township Sixteen (16) North, Range Thirty-one (31) West, described as follows, to- wit: Beginning at the Southwest comer of said 40 acre tract and running thence East 80 rods;, thence North 80 rods; thenec West 57 rods; thence South 5 rods to bank of creek; thence Southwest with said creek 26 rods; thence West 10 rods; thence South 54 rods to place of beginning, containing 37 acres, more or less. LESS AND EXCEPT a part of the SEI/4 of the SEI/4 of Section 10, Township 16 North. Range 31 West in Washington County, Arkansas, more particularly described as follows: beginning at a point 429.0 feet South of the NW comer of the above-described 40 acre tract and running thence East 50 feet; thence South 70 feet; thence -- West 50 feet; thence North 70 feet to the point of beginning, containing 0.08 acres, more or less. TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's heirs and assigns, subject to our joint life estates. _ Witness my hand and seal on this day of August, 2000. CONL EUG E W RLEY `.Y�{ ` 44 LEY D� VIR$INIA LEE WORLEY 2000069949 04/17/2001 09: 24 501-569-2018 AHTD RIGHT OF WAV PAGE e2 JOB NO. 040152 TRACT NO. 2 CONTRACT TO SELL REAL ESTATE FOR HIGHWAY PURPOSES KNOW ALL MEN BY THESE PRESENTS: THAT UWe Conley E. & Virginia Worley for and in consideration of and other valuable consideration, cash in hand paid, the receipt of which is hereby acknowledged, grant, bargain, sell and convey and warrant to the City of Fayetteville, Arkansas, its successors and assigns forever an exclusive right of way and easement for highway purposes on Double Springs Road, Job 040152, across, through and over the following lands situated in the County of Washington , State of Arkansas: LEGAL DESCRIPTION Part of the Southeast Quarter of the Southeast Quarter of Section 10, Township 16 North, Range 31 West, Washington County, Arkansas, more particularly described as follows: Starting at the Southeast Comer of Section 10; thence North 890 19' 30" West along the South line thereof a distance of 1265.24 feet to a point on the Easterly proposed right of way line of Double Springs Road for the point of beginning; thence continue North 89° 19' 30" West along said South line and proposed right of way line a distance of 30.01 feet to a point on the Easterly existing right of way line of Double Springs Road; thence North 01* 58' 39" East along said existing right of way line a distance of 220.06 feet to a point; thence in a Northwesterly direction along said existing right of way line on a curve to the left having a radius of 620.55 feet a distance of 213.95 feet to a point on the West line of the Southeast Quarter of the Southeast Quarter of Section 10; thence North 010 06' 15" East along said West line a distance of 218.05 feet to a point on the Easterly proposed right of way line of Double Springs Road; thence South 09° 23 ' 45" East along said proposed right of way line a distance of 176.54 feet to a point; thence South 070 59' 01" East along said proposed right of way line a distance of 162.42 feet to a point; thence South 020 12' 29" East along said proposed right of way line a distance of 94.96 feet to a point; thence South Ol ° 58' 39" West along said proposed right of way line a distance of 219.38 feet to the point of beginning and containing 0.40 acre or 17,511 square feet more or less. AND ALSO: Starting at the Southeast Comer of Section 10; thence North 890 19' 30" West along the South line thereof a distance of 1325.21 feet to a point on the Southwest Corner of the Southeast Quarter of the Southeast Quarter of Section 10; thence North 010 06' 15" East along the West line thereof a distance of 729. 11 feet to the point of beginning; thence continue North 010 06' 15" East along said West line a distance of 94. 14 feet to a point on the Easterly proposed right of way line of Double Springs Road; thence South 890 15' 26" East along said proposed right of way line a distance of 50.00 feet to a point; thence South 230 09' 18" West along said proposed right of way line a distance of 43.93 feet to a point; thence South 330 02' 46" West along said proposed right of way line a distance of 63.33 feet to the point of beginning and containing 0.06 acre or 2,592 square feet more or less. Total area to acquire containing 0.46 acre or 20, 103 square feet more or less. DNVI1 ARKANSAS STATE HIGHWAY ARKANSAS STATE HIGHWAY AND TUNSPORTAnON DEPT. /y AND TRANSPORTATION DEFT. RECEIVED MAi, 07 2201 Page 1 of FEB 1 4 2001 ADMINISTRATIVE SECTION LEG:. ;v :ON RIGHT OF Way nanetna 04/17/2001 09: 24 501-569-2018 AHTD RIGHT OF WAV PAGE 03 JOB 040152 — TRACT 2 — Page 2 of 2 5/5/00 Together with the rights, easements and privileges in or to said lands which may be required for the full enjoyment of the right herein granted. TO HAVE AND TO HOLD the same unto the said City of Fayetteville, Arkansas, and to its successors and assigns forever. AND I/We hereby covenant with the said City of Fayetteville, Arkansas that I/We will forever warrant and defend the title to said lands and property against the lawful claims of any and all persons whomsoever. AND I/We, do hereby release and relinquish unto the said grantee all my right of dower or curtesy and homestead in and to said lands. Witness signature on this day of t9 oZGb� (SIGNATURE) (SIGNATURE) ✓ (S �9r ature) ✓ �N/l 1 ��Si9>1a�wr �� 04/17/2001 09: 24 501-569-2018 AHTD RIGHT OF WAV PAGE 04 1 'TCE too FJW 2/14/92 Gaevll d4ow saso / PAYMENT DUE-------- — — ------------- — — -- -- ---$10 075.00 (Appraised value offered by the City for real estate, including damages, if any, to the remainder, to be paid after approval of title and execution of a deed as hereinafter provided). The City shall have the irrevocable right to exercise the "Contract to Sell" at any time within ninety (90) days from date; and it is agreed that if within the time above specified, the said City shall declare its intention to exercise this "Contract to Sell" including the right to purchase said land, the Grantor(s) will execute and sign a Easement Deed when presented by the City and receive payment of the stated "Payment Due" from the said City, less any amount that may be found due and payable to any mortgagee. It is expressly understood that the said City shall not be obligated further unless stated herein to wit: It is understood and agreed that closing costs will not accrue to the Grantor(s) as the Grantee's Attorney will prepare the necessary documents for closing and the Grantee will pay the cost of recording all instruments conveying title to the City of Fayetteville. Grantor(s) further agrees neither to sell nor encumber the said real estate during the term of the "Contract to Sell". The City of Fayetteville is hereby authorized and directed to make payment of the purchase funds for the conveyance to • 1 a Dated this_QLday of 20 6' . Signature Signature sS#4Z 7L 25a — ?.5/d SS# ✓ woe r Signatur Signature ss# Lt3o -og-7.57:�Z ss# 04/13/2001 09: 03 501-569-2010 AHTD RIGHT OF WAV PAGE 04 JOB NO. 040152 TRACT NO. 2 EASEMENT DEED KNOW ALL MEN BY THESE PRESENTS: THAT I/We Conley Worley and Virginia Worley H/W and Gary Tipton and Sarah L. Tipton H/W for and in consideration of Ten Thousand Seventy-Five Dollars, ($ 10,075.00 ), and other valuable consideration, cash in hand paid, the receipt of which is hereby acknowledged, grant, bargain, sell and convey and warrant to the City of Fayetteville, Arkansas, its successors and assigns forever an exclusive right of way and easement for highway purposes on Double Springs Road, Job 040152, across, through and over the following lands situated in the County of Washington , State of Arkansas: LEGAL DESCRIPTION Part of the Southeast Quarter of the Southeast Quarter of Section 10, Township 16 North, Range 31 West, Washington County, Arkansas, more particularly described as follows: Starting at the Southeast Comer of Section 10; thence North 89° 19' 30" West along the South line thereof a distance of 1265.24 feet to a point on the Easterly proposed right of way line of Double Springs Road for the point of beginning; thence continue North 89° 19' 30" West along said South line and proposed right of way line a distance of 30.01 feet to a point on the Easterly existing right of way line of Double Springs Road; thence North 01 ' 58' 39" East along said existing right of way line a distance of 220.06 feet to a point; thence in a Northwesterly direction along said existing right of way line on a curve to the left having a radius of 620.55 feet a distance of 213.95 feet to a point on the West line of the Southeast Quarter of the Southeast Quarter of Section 10; thence North 01° 06' 15" East along said West line a distance of 218.05 feet to a point on the Easterly proposed right of way line of Double Springs Road; thence South 09° 23 ' 45" East along said proposed right of way line a distance of 176.54 feet to a point; thence South 07° 59' 01" East along said proposed right of way line a distance of 162.42 feet to a point; thence South 020 12' 29" East along said proposed right of way line a distance of 94.96 feet to a point; thence South 01 ' 58' 39" West along said proposed right of way line a distance of 219.38 feet to the point of beginning and containing 0.40 acre or 17,511 square feet more or less. AND ALSO: Starting at the Southeast Comer of Section 10; thence North 890 19' 30" West along the South line thereof a distance of 1325.21 feet to a point on the Southwest Comer of the Southeast Quarter of the Southeast Quarter of Section 10; thence North 01 * 06' 15" East along the West line thereof a distance of 729.11 feet to the point of beginning; thence continue North 01 * 06' 15" East along said West line a distance of 94. 14 feet to a point on the Easterly proposed right of way line of Double Springs Road; thence South 89° 15' 26" East along said proposed right of way line a distance of 50.00 feet to a point; thence South 230 09' 18" West along said proposed right of way line a distance of 43.93 feet to a point; thence South 33° 02' 46" West along said proposed right of way line a distance of 63.33 feet to the point of beginning and containing 0.06 acre or 2,592 square feet more or less. Total area to acquire containing 0.46 acre or 20,103 square feet more or less. DM/11 Page 1 of 2 04/13/2001 09: 03 501-569-2018 AHTD RIGHT OF WAV PAGE 05 ]O$ 040152 - TRACT 2 - Page 2 of 2 5/5/00 Together with the rights, easements and privileges in or to said lands which may be required for the full enjoyment of the right herein granted. TO HAVE AND TO HOLD the same unto the said City of Fayetteville, Arkansas, and to its successors and assigns forever. AND IlWe hereby covenant with the said City of Fayetteville, Arkansas that I/We will forever warrant and defend the title to said lands and property against the lawful claims of any and all persons whomsoever. AND I/We, do hereby release and relinquish unto the said grantee all my right of dower or curtesy and homestead in and to said lands. Witness signature on this day of ,19 (SIGNATURE) (SIGNATURE) 04/17/2001 09: 24 501-569-2018 AHTD RIGHT OF WAV PAGE 01 j RRC OVED APR 17 2 1 JOB _ _ _ - - - - TRACT 2E, W/ TEMPORARY CONSTRUCTION EASEMENT 6 ; u)t KNOW ALL MEN BY THESE PRESENTS: ,I — III AI - e)l '01 / teas kundrej 1T Conley E. & Virginia Worley for and inconsideration of T -s Ino Bred fiftydollars,N�T( and other valuable considerations, to cash in hand paid by the Arkansas State Highway Commission, the receipt of which is hereby acknowledged, do hereby give and grant to the Arkansas State Highway Commission, it successors and assigns an exclusive temporary right of way and temporary easement for the sole purposes necessary for Highway construction, together with free ingress and egress, to, across, through and over the lands shown on the Right of Way Plans for Job No. 040152, and designated as Tract No. 2E situated in the County of State of Arkansas. 'add LF/ C WAS*NzW?{+ ✓ This temporary easement as conditioned above shall terminate when the above subject job has been completed by the contractor and accepted by the Arkansas State Highway Commission. TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission and to its successors and assigns for and during the term aforesaid and for the purposes hereinabove set forth. WITNESS my signature of this y/ j day of Qyj407� +9- (SIGNA ) rj i9p urC (IG ATURE) 5 gnat oG n NsAS ANI)�RApe TAT OND .cCrVsp EPT. MAR 0 ) 1001 L`"1L D;VISION PpattiP Fax Note 7677 w -/)-JI Nqn► i 04/13/2001 09: 03 501 -569-2018 AHTD RIGHT OF WAV PAGE 06 JOB NO. 040152 TRACT NO. 2E TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT Conley Worley and Virginia Worley h/w and Gary Tipton and Sarah L. Tipton h/w for and in consideration of Two Hundred Fifty Dollars ( $250.00 ), and other valuable considerations, to us cash in hand paid by the City of Fayetteville , Arkansas, the receipt of which is hereby acknowledged does hereby give and grant to the City of Fayetteville, Arkansas, it's successors and assigns an exclusive temporary right of way and temporary easement for the sole purposes necessary for Highway Construction, Job No. , together with free ingress and egress, to, across, through and over the following lands situated in the County of Washington, State of Arkansas: LEGAL DESCRIPTION Part of the Southeast Quarter of the Southeast Quarter of Section 10, Township 16 North, Range 31 West, Washington County, Arkansas, more particularly described as follows: Beginning at a point on the Easterly proposed right of way line of Double Springs Road, said point being 75.22 feet right of and on a radial line to Construction Centerline Station 37+98.32; thence North 09° 23 ' 45" West along said proposed right of way line a distance of 176.54 feet to a point; thence South 470 16' 57" East a distance of 61 .46 feet to a point; thence South 08° 02' 49" East a distance of 81 .94 feet to a point; thence South 280 26' 09" West a distance of 58.39 feet to the point of beginning and containing 0. 11 acre or 4,754 square feet more or less. GA/11 4/12/01 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 easement as conditioned above shall terminate when Job No. 040052 has been completed by the contractor and accepted by the City of Fayetteville, Arkansas. TO HAVE AND TO HOLD the same unto the said City of Fayetteville, Arkansas, and to its successors and assigns for and during the term aforesaid and for the purposes hereinabove set forth. WITNESS my signature on this day of (SIGNATURE) (SIGNATURE) 04/13/2001 09: 03 501-569-2018 AHTD RIGHT OF WAV PAGE 07 JOB NO. 040152 TRACT NO. 2E1 TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT Conley Worley and Virginia Worley h/w and Gary Tipton and Sarah L. Tipton h/w for and in consideration of One Hundred Fifty Dollars ( $150.00 ), and other valuable considerations, to us cash in hand paid by the City of Fayetteville , Arkansas, the receipt of which is hereby acknowledged does hereby give and grant to the City of Fayetteville, Arkansas, it's successors and assigns an exclusive temporary right of way and temporary easement for the sole purposes necessary for Highway Construction, Job No. , together with free ingress and egress, to, across, through and over the following lands situated in the County of Washington, State of Arkansas: LEGAL DESCRIPTION Part of the Southeast Quarter of the Southeast Quarter of Section 10, Township 16 North, Rnge 31 West, Washington County, Arkansas, more particularly described as follows: Beginning at a point on the Easterly proposed right of way line of Double Springs Road, said point being 68.33 feet right of and on a radial line to Construction Centerline Station 40+70.00; thence North 01* 06' 15" East along said proposed right of way line a distance of 19.71 feet to a point; thence North 33` 02' 46" East along said proposed right of way line a distance of 63.33 feet to a point; thence North 230 09' 18" East along said proposed right of way line a distance of 43.93 feet to a point; thence South 03° 22' 55" West a distance of 101 . 13 feet to a point; thence South 75° 10' 57" West a distance of 47.81 feet to the point of beginning and containing 0.06 acre or 2,550 square feet more or less. GA/11 4/12/01 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 easement as conditioned above shall terminate when Job No. 040052 has been completed by the contractor and accepted by the City of Fayetteville, Arkansas. TO HAVE AND TO HOLD the same unto the said City of Fayetteville, Arkansas, and to its successors and assigns for and during the term aforesaid and for the purposes hereinabove set forth. WITNESS my signature on this day of (SIGNATURE) (SIGNATURE) /004/13/2001 09: 03 501 -569-2018 AHTD RIGHT OF WAV PAGE 02 ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT ENGINEERING SECTION, RIGHT OF WAY DIVISION JOB NUMBER: 040152 JOB NAME: OWL CREEK STRS. & APPRS. (FAYETTEVILLE) CERTIFICATE OF TITLE OWNER(S) OF RECORD: GARY E. TIPTON TYPE OF INSTRUMENT: QUITCLAIM DEED DATE OF INSTRUMENT: 08-22-2000 DATE FILED: 08-22-2000 RECORDED AT BOOK (INSTRUMENT): #2000- PAGE: 69949 CONSIDERATION: S 1 OGVC REVENUE STAMPS: S NONE GRANTOR(S): CONLEY EUGENE WORLEY & VIRGINIA LEE WORLEY H/W SEE PAGE TWO FOR CHAIN OF TITLE MORTGAGES, JUDGMENTS AND ALL OTHER LIENS AFFECTING SAID LAND NOT RELEASED; NATURE OF LIEN: NONE HOLDER : BOOK (INSTRUMENT) PAGE DATE FILED NATURE OF LIEN: HOLDER: BOOK (INSTRUMEN ) PAGE DATE FILED NATURE OF LIEN: HOLDER: BOOK (INSTRUMENT) PAGE DATE FILED NATURE OF LIEN: HOLDER: BOOK (INSTRUMENT) PAGE DATE I = TAXES AND ASSESSMENTS FOR THE YEAR 2001 ARE INTHE NAME OF: GARY E. TIPTON PARCEL NUMEFR: 765-16157-000 TAXES FOR 1999 ARE PAIDE 554.58, UNPAID ❑, AMOUNT DUE S TAXES FOR 2000 ARE PARI❑ S , DUEE $56.37 CERTIFIED TO BE CORRECT (AS SHOWN OF RECORD) THIS 12th DAY OF IANUARY, 2001 TIM ROBERTSON, ABSTRACTOR TRACT NO. 02 CERTIFICATE NO. 02 REV. PAGE NO. 1 OF 2 04/13/2001 09: 03 501-569-2010 AHTD RIGHT OF WAY PAGE 00 APPRAISAL REPORT For AREANSAS STATE EIGBNAY APD) TRANSPORTATION DEPARTIO:NT JOB: 040152 PROJECT : BRN-9142 ( 1 ) COUNTY : Washington TRACT : Ct 2 , Ct 2E LOCATION : Owl Creek Str . s Apprs . FEE TOWNER (S) : Conley E. and Virginia WorleyH/W ADDRESS : 6316 Wedington, Fayetteville , AR 72704 PHONE : 501-442-6962 AREA OF WHOLE : 37 . 25± acres PERMANENT EASEMENT ( S) : AREA OF REMAINDER: 36 . 791 acres TEMPORARY EASENENT (S) : 0 . 172 acre AREA OF ACQUISITION : 0 . 465 acre ESTIAATED FAIR !A=BET VALUE OF THE PROPERTY Before Land 37 . 25 acres @ $11, 000/acre = $ 409, 750 . 000 . 00 Improvements $ $ 910 , 750 . 00 Total After Land 36 . 79 acres @ $11, 000/acre = Rnd $ 404 , 675 . 00 Improvements $ 11000 . 00 $ 405 , 675 . 00 Total FAIR MARKET VALUE OF ACQUISITION $ 5, 075 . 00 Temporary Construction Easement ( s ) 0 . 17 acre at rental value $ 400 . 00 Cost to Cure Gravel drive $ <5, 000 . 00> TOTAL COMPENSATION AS OF October 25, 2000 $ 10 , 475 . 00 CERTIncATE 01 APPRAISER I hereby certify: That I have personally inspected the property herein appraised, that I have made a personal field inspection of the comparable sales relied upon in making said appraisal . That to the best of my knowledge and belief the statements contained in the appraisal herein set forth are true, and the information upon which the opinions expressed therein are based is correct; subject to the limiting conditions therein set forth. That the existence of potentially hazardous material used in the construction or maintenance of any structures, and/or the existence of hazardous materials or hazardous waste, which may or may not be present on the property, was not observed by me; nor do I have any knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances . The existence of hazardous materials or Potentially hazardous waste material may have an effect on the value of the property. That I understand that such appraisal may be used in connection with the acquisition of right-Of-way tar a project to be constructed by the State of Arkansas with the assistance of Federal-aid highway funds, or other Federal funds . That such appraisal has been made in conformity with the appropriate State laws, regulations and policies and procedures applicable to appraisal of right-of-way for such purposes; that in appraising the value before acquisition, no consideration has been given to increases or decreases in Fair Irkubeat of my valuer assigneda to such properrtyi c ns sts of items which roment ; and that tare voncwpe a ble knowledge o Value portion of the the established law of said State . That neither my employment nor my compensation for making this appraisal and report are in any way contingent upon the values reported herein. That I have no direct or indirect present or contemplated future personal interest in such property or in any benefit from the acquisition of such property appraised. That I have not revealed the findings and results of such appraisal to anyone other than the proper officials of the State Highway and Transportation Department of said State Or officials of the Federal Highway Administration, and I will not do so until so authorized by said State Officials, or until I sm required to do so by due process of law, or until I am released from this obligation by having publicly 'testified as to such findings . That in my opinion the just compensation for the acquisition as of October 25, 2000 is $30, 475 . DD based upon my independent appraisal and the exercise of my professional judgment . Inspection Date (s) : October 25, 2000 Date Apr :April 13, 2001 2d Appraiserrq�(ohnbaum k==� 1. � Witness to Signatute /7J APPROVED FOR COURT PURPOSES : / / '� DATE : /'- /J — o / Job : 040152 Tract : Ct 2, Ct2E 1 That I have no direct or indirect present or contemplated future personal interest in such property or in any benefit from the acquisition of such property appraised . That I have not revealed the findings and results of such appraisal to anyone Other than the proper officials of the State Highway and Transportation Department of said State or officials of the Federal Highway administration, and I will not do so until so authorized by said State Officials , or until I am required to do so by due process Of law, or until I am released from this obligation by having publicly testified as to such findings . That in my opinion the just compensation for the acquisition as of October 250 2000 is $10 , 975 . 00 based upon my independent appraisal and the exercise of my professional judgment . inspection Date ( s ) : October 25 , 2000 Date April 13 , 2001 appraiser : G rg ohnbaum ' Witness to Slgnate APPROVED FOR COURT PURPOSES : DATE : Job : 040152 Tract : Ct 2 , Ct2E 1 'Property Search Pagel of 2 Retum to List it Retum to Search I j Parcel Map/Plat Record I of 1 Parcel Number: 765- 16157-000 Type: AM Location Address: 0 Owner name: TIPTON, GARY E.; WORLEY, CONLEY EUGENE & VIRGINIA LEE * Mailing Address: 6316 WEDINGTON DR FAYETTEVILLE AR 72701 Lot: Block: S-T-R: 10- 16-31 Addition: 10- 16-31 FAYETTEVILLE OUTLOTS School District: FARMINGTON SCHOOLS City: FAYETTEVILLE Legal: PT SE SE 36.92 A Current Year: 1995 Appraised value Assessed value Land 4,250 850 Improvement 21650 530 Total 69900 1 ,380 First TotaStructul Numbers Occupancy pConstructionType Floor Living Living Constructed BasementYP YP g Area Area O1 0 0 0 0 Structure Sketch Date Book Page Grantee 1 Grantee 2 Deed Sale Revenue Type Amount Amount TIPTON, EUGENE 08/22/00 2000 69949 GARY E.; & WORLEY, VIRGINIA QC 0 0.00 CONLEY LEE * JEB 2000-69949 QC NO REV WORLEY'S RETAIN LIFE ESTATE WORLEY, CONELY 01 /01 /85 949 242 E. & WD 0 0.00 VIRGINIA L. http://www2.co.washington.ar.us/svr/intrasry.isv?apps/assessor/scarchl .jftn 4/13/01