HomeMy WebLinkAbout52-93 RESOLUTION••••
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RESOLUTION 140. 52-93
A RESOLUTION AUTHORIZING THE PURCHASE OF TRACT
NO. 28 IN THE AIRPORT LAND AND EASEMENT
ACQUISITION PROJECT, AT A PURCHASE PRICE OF
$35,000 FOR APPROXIMATELY 8.4 ACRES WITH
CONDITIONS AS AGREED ON BETWEEN THE CITY OF
FAYETTEVILLE AND PROPERTY OWNER, HARRY GRAY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Council hereby authonzes the purchase of Tract No. 28 m the
Airport Land and Easement Acquisition Project, at a purchase pnce of 835,000 for
approximately 8.4 acres with the following conditions between the City of Fayetteville and
property owner, Harry Gray, as follows:
1. An access easement to the south of the property being granted to
the City; and,
2. The City granting an access easement to the property owner giving
him access to his remaining land.
A copy of the Letter of Acceptance is attached hereto marked Exhibit "A" and made a part
hereof.
PASSED AND APPROVED this 18th day of _Say , 1993.
ATTEST:
BY:
mas, City Clerk
APPROVED:
By:
TO:FAYETTEVILLE AIRPORT
. APR -29-'93 THU 15:11 ID:WD 9OHOCK COMPANY TEL 140.615-366-1184
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--- NORTHWEST ENGINEERS, INC.
C
0211 P02
524 W SYCAMORE ST. •PO.BOX M730FAYET1EVRIE,ARKARSAS 7270240(51)0443-4636
March 10, 1993
Ms. Jean V. Hill
Project manager
W.D. Schock Company, Inc.
1400 Donelson Pike, Building III, Suite B-2
Nashville, TN 37217
RE: Fayetteville Municipal Airport
Partial Fee Acquisition
A.I.P. Project No. 3-05-0020-15
Tract 28, Parcel 765-15521-000
Offer Letter Dated March 11, 1993
Dear Ms. Hill:
We have reviewed the appraisal report and your offer of
635,000.00, as referenced above, for the taking of 8.4 acres of our
land. The offer is less than WO had anticipated but, after reading the
appraisal report, find the offer acceptable provided that road and
utility accent to the remaining property is maintained. As noted in
the appraisal, the referenced taking includes the only access to the
remaining property.
The offer
date. we feel
formalized and
states that a road easement will be provided at a later
that, in the interest of both parties, this access be
included as part of the closing.
We request that an easement of 60 feet width, 30 feet each side of
the centerline of the existing access road, be provided across the ref-
erenced taking. This easement should be worded to allow for access and
utilities. A lesser total width of 50 feet (25 feet each side of cen-
terline) will be acceptable but we request the 60 feet width to allow
flexibility to accommodate the terrain with any future construction.
We appreciate the manner in which
worked to respond to our questions and
land taking and hope that our requests
Sincerely,
-16n (7131eminG7Gray, P.E.
HGG/kmd
cc: pale Frederick
the City of Fayetteville has
concerns with this unexpected
are found to be reasonable.
TRACT NO. 28 ACCESS AND UTILITY EASEMENTS
FROM
The City of Fayetteville
TO
Harry G. Gray and Mauritta L. Gray
50' ACCESS AND UTILITY EASEMENT DESCRIPTION
A permanent easement of 50 feet in width, being a part of the North
Half (Nk) of the Northwest Quarter (NA) of Section 33, Township 16
North, Range 30 West, and being 25 feet on each side of the
following described centerline: commencing at the Record Northwest
corner of the East Half (Ek) of the Northwest Quarter (NA) of said
Section 33, thence South 01°37'55" West - 645.0 feet (Record: South
- 658 feet); thence South 88°22'50" East - 716.21 feet (Record:
East); thence South 14°05'14" East - 259.97 feet to the point of
beginning of the easement centerline; thence South 39020103" West -
421.22 feet; thence along a curve to the right, having an arc
length of 125.80 feet, a radius of 137.85 feet, a tangent of 67.66
feet, a delta angle of 52°17'07", and a chord of South 65°28'37"
West - 121.48 feet; thence North 88°22'50" West - 455.05 feet to
the end of the easement at a point on the East right-of-way line of
U. S. Highway No. 71, containing 50,099 sq. ft. or 1.15 acres, more
or less, the sidelines of said easement being lengthened or
shortened to terminate at the property boundaries, the end point of
said easement centerline being North 88°22'50" West - 32.94 feet;
thence North 03°12'17" West - 25.09 feet from the Record Southwest
corner of the Northeast Quarter (NEk) of the Northwest Quarter
(NA) of said Section 33.
Bearings are referenced from runway alignment.
50' ACCESS EASEMENT DESCRIPTION
A permanent easement of 50 feet in width, being a part of the East
Half (Ek) of the Northwest Quarter (NA) of Section 33, Township 16
North, Range 30 West, and being 25 feet on each side of the
following described centerline: commencing at the Record Northwest
corner of the East Half (Ek) of the Northwest Quarter (NA) of said
Section 33, thence South 01°37'55" West - 645.0 feet (Record: South
- 658 feet); thence South 88°22'50" East - 716.21 feet (Record:
East); thence South 14°05'14" East - 551.37 feet to the point of
beginning of the easement centerline; thence along a curve to the
left, having an arc length of 172.26 feet, a radius of 387.12 feet,
a tangent of 87.58 feet, a delta angle of 25°29'44", and a chord of
South 06°37'17" West - 170.84 feet; thence South 06°07'34" East -
73.90 feet; thence along a curve to the left, having an arc length
EXHIBIT "A"
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of 54.90 feet, a radius of 30.00 feet, a tangent of 38.99 feet, a
delta angle of 104°51'06", and a chord of South 58°33'07" East -
47.55 feet; thence North 69°01'20" East - 37.61 feet to the end of
the easement, containing 16,905 sq. ft. or 0.39 acres, more or
less, the sidelines of said easement being lengthened or shortened
to terminate at the property boundary.
Bearings are referenced from runway alignment.
EXHIBIT "A"
,
May 18, 1993
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1.3.3
• for noutlinew-markings that maybe requested based on a recent
FAA inspection.
The Airport Advisory Board recommended approval at their May
4 -6/.1993 meeting. A 50% matching state grant has been received
• for this project.
RESOLUTION 51-93 AS RECORDED IN TEE CITY CLEWS OFFICE
E. A resolution approving the purchase of Tract #28 in the
Airport Land & Easement Acquisition Project, consisting of 8.4 -
acres at a negotiated price of 835,000 upon the condition of
an access easement to the -south of the property being granted
to the City and upon the City granting an access easement to
the property owner giving him access to his remaining land.
W. D. SChOCX Co., Inc., recommends this purchase. .The
property owner, Harry Gray, has accepted the offer including
the easement exchange.
RESOLUTION 52-93 AS RECORDED IN THE CITY CLERK'S OFFICE
Vorsanger, seconded by Miller, made a motion to approve the consent
agenda. Upon roll call, the motion passed by a vote of 8 to O.
REZONE R93-19
Mayor Hanna introduced consideration of an ordinance rezoning 22.03
acres located off Longview and west of North College from A-1,
Agricultural, R-1, Low Density Residential, and R-0, Residential -
Office, to C-2, Thoroughfare Commercial, as requested by. CEI
Engineering.
The Planning Commission voted 6-1-0 to recommend rezoning, subject,
to the applicant providing additional access.to the north or west.
Mayor Hanna stated the petitioner had requested this item" be
postponed until the second meeting in June.
HWY 180 -WATER & SEWER RELOCATIONS
Mayor Hanna introduced consideration of a resolution awarding a
contract to Goodwin and Goodwin Construction Company for the
Highway 180 Water and Sewer Relocation Project in the amount of
$371,384 plus a contingency of $41.552, and approval of a budget
adjustment.
Highway 180 is scheduled for major improvements in 1993. This -
project was originally budgeted to be paid from the sales tax pay
as you go money. Due to the outcome of the lawsuit, it is
recommended this project be funded from Water and Sewer Fund.
Corrected Access and Road Easement
To correct and replace easement as recorded in Deed Ref. 93-
41402, recorded July 26, 1993
Attach to Resolution 52-93
CORRECTED ACCESS AND ROAD EASEMENT
(To correct and replace easement as recorded in
Deed Ref. 93-41402, recorded July 26, 1993)
STATE OF ARKANSAS
COUNTY OF WASHINGTON
For the sum of One Dollar ($1.00) and other valuable
considerations to the undersigned, paid by Harry G. Gray
and Mauritta L. Gray (the "Grantees"), the City of Fayetteville
(the "Grantor"), hereby grants, sells, and conveys to the
Grantees,their successors and assigns, a perpetual access and
road easement (the "Easement") for the Fayetteville Municipal
Airport, also known as Drake Field, together with the right of
ingress to, from, and over said real estate for enjoyment of the
Easement herein granted, being more particularly described as
follows:
111111111111111111111111111
Doc ID 011988220002 TvD• REL
Recorded: 02/00/2008 at 0 : 8: 2 PM
Fee Ant: $20.00 Pao, 1 of 2
Wash1noton County. AR
Bette Stamps Cfrou t C ork
Fi1•2008-00003987
A permanent access and road easement of' 50 feet in width,
being a part of the East Half (E) of the Northwest
Quarter (NW 1/4) of Section 33, Township 16 North,
Range 30 West, and being 25 feet on each side of the
following described centerline: commencing at the Record
Northwest comer of the East Half (E 1/2) of the
Northwest Quarter (NW 1/4) of Section 33, thence South
010 37' 55" West - 645.0 feet (Record: South — 658 feet);
thence South 88° 22' 50" East— 716.21 feet (Record: East);
thence South 14° 05' 14" East — 551.37 feet to the point of
beginning of the easement centerline; thence along a curve
to the left, having an arc length of 172.26 feet, a radius of
387.12 feet, a tangent of 87.58 feet, a delta angle of 250 29'
44", and a chord of South 060 37' 17" West — 170.84 feet;
thence South 06° 07' 34" East 73.90 feet; thence along a
curve to the left, having an arc length of 54.90 feet, a radius
of 30.00 feet, a tangent of 38.99 feet, a delta angle of 104°
51 06", and a chord of South 58° 33' 07" East — 47.55 feet;
thence North 69° 01' 20" East — 37.61 feet to the end of the
easement, containing 16,905 sq. ft. or 0.39 acres, more or
less, the sidelines of said easement being lengthened or
shortened to terminate at the property boundary. Bearings
are referenced from runway alignment.
a. the right of ingress to and egress over the Easement by means of the roads thereon;
b. the right from time to time to trim and to cut down and clear away any and all trees
and brush now or hereafter on the Easement and to trim and cut down and clear away
any trees on either side of the Easement which now or hereafter in the opinion of
Grantees may be a hazard and interfere with the exercise of granteesrights hereunder;
c. the right to install, maintain and use gates in all fences which now cross or shall
hereafter cross the Easement;
d. the right to mark the location of the Easement by suitable markers set in the ground
which shall not interfere with Grantor's reasonable use;
e. the right to pave or gravel the roadway if necessary in the sole judgment of Grantees.
Grantor reserves the right to use the strip for purposes which will not interfere
with Grantees' full enjoyment of the rights hereby granted; provided that grantor shall
not erect or construct any building or other structure, or drill or operate any well, or
construct any reservoir or other obstruction on the Easement.
The Easement described herein is to and shall run with the land, and shall be for
the benefit and use of Grantees and their assigns.
STATE OF ARKANSAS
COUNTY OF WASHINGTON
The City Of Fayettevill
DAN COODY, Mayor
) ss ACKNOWLEDGEMENT
On this 6th day of February, 2008, before me, the undersigned Notary Public,
duly commissioned, qualified, and acting within and for said County and State,
appeared in person the within named Dan Coody as the Mayor of the City of
Fayetteville, to me well lcnown, who stated and acknowledged that he had so signed the
foregoing instrument for the consideration, uses and purposes therein mentioned and set
forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal
this 6th day of February, 2008.
0010116•9044
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leb U4 EMU 4:27PM FAYETTEVILLE CITY ATTORME 4795758315 p.1
TtAOTY yETTEVILLE
LIT WILLIAMS, MY ATTORNEY
DAVID WHITAKER, ASSY. crry ATTORNEY
DEPARTMENTAL CORRESPONDENCE
LEGAL DEPARTMENT
TO: Ray Boudreaux, Aviation & Economic Dev. Director
Jill Goddard, Land Agent
Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney
DATE: February 4,2008
RE: Access and Road Easement
City to Harry and Maurits Gray
R EcEivED
FEB 0 4 2008
Attached please find the Access and Road Easentent signed by Mayor Fred
Hanna on June 16, 1993 1 do not blow if this is a typo, but it reads: "The City of
Fayetteville (the 'Grantor') hereby grants, sells, and conveys to the Grantor ... a
perpetual access and road easement ... for the Fayetteville Municipal Airport ...."
It would be very unusual for a grantor to grant an easement to itself rather
than to a third party ("the (3rantee"). Was this a clerical error in this easement
deed? The City Council minutes for June of 1993 may clarify the intent. Does
anyone know if this was a clerical error or was it done intentionally? Please let me
know ASAP as a potential purchaser needs this clarified before acquiring the
Gray's property.
Feb 04 2008 4: 27PM FAYETTEVILLE CITY ATTORME 4795758315
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ara/ beilehilf.ar other structurec or drill or byerato tiny yell, es
constrict arty stearions or °tear Obetsucties oaths intent.
nu unont liesalbeit Meth la to- am eta Tem• En the.
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93 41403
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May 181 1993
1
for °outlines. markings that may be requested based on a recent
FAA inspection.
The Airport Advisory Board recommended approval at their May
a .6,.1993 meeting. A 50% matching state grant has been received
for this project.
RESOLUTION 51-93 AS RECORDED IN THE CITY &JERRIE; OFF/CE
E. A resolution approving the purchase of Tract #28 in the
Airport Land & Easement Acquisition Project, consisting of 8.4 -
acres at a negotiated price of $35,000 upon the condition of
an access easement to the -south of the property being granted
to the City and upon the City granting an access easement to
the property owner giving him access to his remaining land.
W. D. Schock Co., Inc., recommends this purchase. qta
propertyowner, Harry Gray, has accepted the offer including
the easement exchange.
RESOLUTION 52-93 AS RECORDED IN THE CITY CLERK'S OFFICE
Vorsanger, seconded by Miller, made a motion to approve the consent
agenda. Upon roll call, the motion passed by a vote of 8.to O.
REZONE R93-19
•
Mayor Hanna introduced consideration of an ordinance rezoning 22.03
acres located off Longview and west of North College from A-1,
Agricultural, Rel, Low Density Residential, and R-0, Residential -
Office, to C-2, Thoroughfare Commercial, as requested by. CEI
Engineering.
The Planning Commission voted 6-1-0 to recommend rezoning, subject.
to the applicant providing additional access to the north or west.
Mayor Hanna stated the petitioner had requested this item be
postponed until the second meeting in June.
HWY 180.WATER & SEWER RELOCATIONS
Mayor Hanna introduced consideration of a resolution awarding a
contract to Goodwin and Goodwin Construction Company for the
Highway 180 Water and Sewer Relocation Project in the amount of
$371,384 plus a contingency of $41,552, and approval of a budget
adjustment.
Highway 180 is scheduled for major improvements in 1993. This
project was originally budgeted to be paid from the sales tax pay
as you go money. Due to the outcome of the lawsuit, it is
recommended this project be funded from Water and Sewer Fund.
MINOR MOIST
For the Fayetteville City Council meeting of
'Rohl
May le, 1993
Airport
2.63
Date Frederick
NaMO Sivlelon • oapartment
CoUMCIL Action algUIRIDI Request approval to purcnAse Tract 120, whicn is included
in the Land gp Easement Acquisition Project. This 8.4 acre tract has beep negotiated for
sale at a price of $35,000.00 upon the condition of an access easement which will be
granted to Mr. Gray, and an easement that Mr. Gray will grant to the City so that access
can be gained to City property, which is located to the south side of Nt. Gray's property.
Staff concurs with the consultants recommendation to accept this price and approve the two I
easements.
COST TO CITTs
$75.000.00
Coat of this Request
5550 3960 7820 15
Account Number
91032.0001
Project Number
2,721,777.00 Land/Easement Acquisition
Category/Project Budget Category/Project Name
26,718.187.51 Capital
8 '
/Nandi Used To Ws PrOgtai Name
403,189.49 Airport
rund
Remaining Balance
MOAT RUIN:
XX Budgeted Item
ills igheill=
CONTRACT! BAOR REVIEWt
Budget Adjustment Attached
AdMirgetratkVO BOVACOO Director
vik2; Y -141e -4?3
Date
5
Date
Purchasing Officer Date
internal Auditor nate
OTAIIRRCOMENDATION1
Staff recommends approval.
HUI
Department Director
ndminl cativo 5nvtc.0 Director
May
ORAPT APPLICATION *AVIAN*
Intornal Auditor
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FAYETTEVILLE
• IE CRY OF FAYETITYLLE. ARKANSAS
2.64
CEPAATIENT
TO: The Fayetteville city Council
THRU: Fred Hanna, Mayor
FROM: Dale Frederick, Airport Managelp
April 28, 1993
DATE:
SUBJECT: mulinizamnarancansimaras_annanaln
LAIGLAIM—Za5121nntChThanala
W. D. Schock Company, Inc., as land and easement acquisition consultants
for Federal Grant 03-05-0020-15 has recommended the purchase of this 8.4
acre tract of property for an appraised value of $35,000.
Mr. Harry Gray has accepted this revised purchase offer on the above
referenced tract which is located in the land and easement acquisition area
of the Airport Improvement Program Project subject to the following
conditions:
An access easement (Exhibit "A") will be granted by the City that
goes through the propertY which will give Mr. Gray access to his
remaining land; and
A second easement (Exhibit "B") is required by Mr. Gray to the
City so that the City may have access to its property which is
south of the Gray property.
The appraisal was prepared by Mr. Mark Risk, MAI, of Real Estate
Consultants, and was reviewed by Mr. Keith L. Schultz of Associated
Appraisers, Inc. in accordance with federal standard practice as outlined
in CFR 49, Part 24 of the Uniform Act.
Staff concurs with the consultant's recommendation to proceed with the
acquisition and the granting of these easements.
Attachments: Agenda request form
Revised Offer Letter
Exhibits "A" and "B"
4300 5 SCHOOL. 901 F • IMPORT TEPAIIIAL BUILDING • FAYETTEVILLE. IR T2703 501 5214713
0,
PIW... Schack Company, Inc.
Aviation Management Consultants
March 17, 1993
Revised CODY
Mr. Dale Frederick
Manager
Fayetteville Municipal Airport
113 West Mountain Street
Fayetteville, Arkansas 72701
RE: Harry Gray
Tract 28/Farcel 765-15521-000
Dear Dale:
Mr. Harry Gray has accepted the revised offer from the
Fayetteville Municipal Airport and wishes to proceed with the
closing on his property - subject to the approval of an access
easement by the City. (See attached offer letter and letter of
acceptance dated 3-10-93). In order to do this, we respectfully
request that your office get approval on the easement from the
City. We will also need two checks prepared. They are as
follows:
1) Harry Gray $35,000.00
(to close on partial fee acquisition
- see attached letter)
$304.00
2) Mr. Westbrook Doss, Jr.
(Contract fees for closing;
recording fee)
Mr. Doss will contact you'regarding the closing date. If you
have any question7, please call.
Sincerely,
Attachments
CC:
Kelly Johnson
Westbrook Doss, Jr.
File
Jean V. Hill
Project Manager
W.D Schock Company, Inc.
Land Acquisition • Relocation • Part 150 Implementation
2.65
1400 Ooneison Pig e • Building ID Suite 8-2
NeshvAe, Tennessee • 37217 615/399-0555 • FAX 615,366-1184
TO: FAYETTE() I LLE RZRFORT
APP -29- 93 TI -4J 14:49 ID WD SCHOCR COmPANY TEL N0:615-366-1184 4208 P22
34 W. D. Setnock Company, Inc.
Aviation Management Consultants
March II, 1993
Mr. Harry Cray
Northwest Engineers, Inc.
524 W. Sycamore Street
P.o. Box 1173
Fayetteville, Arkansas 72702
RE: Fayetteville Municipal Airport
Partial Fee Acquisition
A.T.P. Project No. 3-05-0020-15
Tract 20 Parcel 765-15521-000
2.66
Dear Mr. Cray:
The W.D. SchockeCompany, on behalf of the Fayetteville Municipal
Airport, has programmed the above captioned property for a
partial fee acquisition. In accordance with established
procedures consistent with the Federal Aviation Administration
and legal requirements, the appraisers contracted on behalf of
the Airport have determined the fair market value of compensable
damage to the above referenced property for a partial fee
acqnisition.
A firm offer is made for the purchase of this partial fee
acquisition. This amount is broken down as follows:
(C) Total Recommended Offer 535,000
The procedure for determining the offer of just compensation is
by obtaining an appraisal and a review of that appraisal report
prepared by a qualified appraiser and reviewed by a competent
review appraiser familiar with the project.
We feel that the above offer is fair and we urge your
consideration and acceptance of it. If this meets with your
approval, the Fayetteville Municipal Airport's representative
will prepare thg Partial Foe Acquisition and assist in any way
necessary to finalize the closing. It is agreed as part of this
offer that the City of Fayetteville will grant a road easement at
a later date for access to the rear half of your property.
Nettie -1 \
Our office will set up the closing and the City will pay all
closing coats and filing fess.
L
Land Acquisition • Relocatic rt 0 Implementation
••••=1‘...
ORS.
TO:FAYETTEVILLE AIRPORT
AAP -25-'93 TW 14:50 ID WD SCHOCK COMPANY TEL N3:615-366-1104
•
v•••••••1
•
•
LETTER OF ACCEPTANCI
nate PC 2.67
1, Harry Cray HEREBY ACCEPT THE CITY OF FAULTILY I LLC ' OFFER
OFFER (*TED 3- )0A-9 OF $ A ,nnn wHICH IDCPtREEI
FOR MY PROPERTY LOCATED AT Tract 281 Parcel 165-15521-090
AFA IN NE PROCESS OF THE FOLLOWING: (CHECK AS MANY AS APPLY)
• MON% logol &onion foe eureka work on ow Ott
WI be oixopefled by
O °bislang a payoff statement from try present mortgage compery.
WO mont. W
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0 Manics piochaso ogroomont.
Dm signs* Purchase 'prostrate fl
o consesio sma ma agent to represent me In the purchase of try new homa
Roar: Company: Oro Moot
o OtoolnYto &lancing for a mongago on few now home,
Oompiny:
CI Snare 1 Crit•Pwla Inspoinon an nv now lions
Appian. Doc
o Requesdnp a closing dat.
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• Couldwrq other ilenntivet
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SIGNED! DATE
HOMEOWNER Lot
voninseo• WE:
TO:FAYETTEVILLE AIRPORT
App -29-'93 THU 15:11 ID:WD SCHOCK COMPANY TEL N0:615-366-1184
No•—•"
NORTHWEST ENGINEERS INC.
524 w SYcAmosE ST d PO SOX 1173e FATETTEVILLE,ARXANSAS 72702 • (501)443.453S
•
March 10, 1993
me. Jean V. Hill
Project manager
W.D. Schock Company, Inc.
1400 Donelson Pike, Building III, Suite 8-2
Nashville, TN 37217
RE: Fayetteville Municipal Airport
Partial Fee Acquisition
A.I.P. Project No. 3-05-0020-15
Tract 28, Parcel 765-15521-000
Offer Letter Dated March II, 1993
Dear Ms. Hill:
2.68
We have reviewed the appraisal report and your offer of
$35,000.00, as referenced above, for the taking of 8.4 acres of our
land. The offer is less than we had anticipated but, after reading the
appraisal report, find the offer acceptable provided that road and
utility access to the remaining property is maintained. As noted in
the appraisal, the referenced taking includes the only access to the
remaining property.
The offer
date. we feel
formalized and
states that a road easement will be provided at a later
that, in the interest of both parties, this access be
included As part of the closing.
we request that an easement of 60 feet width, 30 feet each side of
the centerline of the existing access road, be provided across the ref-
erenced taking. This easement should be worded to allow for access and
utilities. A lesser total width of 50 feet (25 feet each side of cen-
terline) will be acceptable but We request the 60 feet width to allow
flexibility to accommodate the terrain with any future construction.
We appreciate the manner in which
worked to respond to our questions and
land taking and hope that our requests
Sincerely,
RC2C-7
Harry G Gray, P.E.
HGG/kmd
CC: Dale Frederick
the City of Fayetteville has
concerns with this unexpected
are found to be reasonable.
TRACT NO. 28 ACCESS AND UTILITY EASEMENTS
FROM
The City of Fayetteville
TO
Harry G. Gray and Mauritta L. Gray
SO' ACCESS AND UTILITY EASEMENT DESCRIPTION
A permanent easement of 50 feet in width, being a part of the North
Half (N1/2) of the Northwest Quarter (NA) of Section 33, Township 16
North, Range 30 West, and being 25 feet on each side of the
following described centerline: commencing at the Record Northwest
corner of the East Half (E1/2) of the Northwest Quarter (NA) of said
Section 33, thence South 01°37'55" West - 645.0 feet (Record: South
- 658 feet); thence South 88°22'50" East - 716.21 feet (Record:
East); thence South 14°05'14" East - 259.97 feet to the point of
beginning of the easement centerline; thence South 39°20'03" West -
421.22 feet; thence along a curve to the right, having an arc
length of 125.80 feet, a radius of 137.85 feet, a tangent of 67.66
feet, a delta angle of 52°17'07", and a chord of South 65°28'37"
West - 121.48 feet; thence North 88°22'50" West - 455.05 feet to
the end of the easement at a point on the East right-of-way line of
U. S. Highway No. 71, containing 50,099 sq. ft. or 1.15 acres, more
or less, the sidelines of said easement being lengthened or
shortened to terminate at the property boundaries, the end point of
said easement centerline being North 88°22'50" West - 32.94 feet;
thence North 03°12'17" West - 25.09 feet from the Record Southwest
corner of the Northeast Quarter (NM of the Northwest Quarter
(NA) of said Section 33.
Bearings are referenced from runway alignment.
50' ACCESS EASEMENT DESCRIPTION
A permanent easement of 50 feet in width, being a part of the East
Half (Vs) of the Northwest Quarter (NA) of Section 33, Township 16
North, Range 30 West, and being 25 feet on each side of the
following described centerline: commencing at the Record Northwest
corner of the East Half (E1/2) of the Northwest Quarter (NA) of said
Section 33, thence South 01°37'55" West - 645.0 feet (Record: South
- 658 feet); thence South 88°22'50" East - 716.21 feet (Record:
East); thence South 14°05'14" East - 551.37 feet to the point of
beginning of the easement centerline; thence along a curve to the
left, having an arc length of 112.26 feet, a radius of 387.12 feet,
a tangent of 87.58 feet, a delta angle of 25°29'44", and a chord of
South 06°3717" West - 170.84 feet; thence South 06°07'34" East -
73.90 feet; thence along a curve to the left, having an arc length
2.69
FICH III T "A"
2.70
of 54.90 feet, a radius of 30.00 feet, a tangent of 38.99 feet, a
delta angle of 104°51'06", and a chord of South 58°33'07" East -
47.55 feet; thence North 69°01'20" East - 37.61 feet to the end of
the easement, containing 16,905 sq. ft. or 0.39 acres, more or
less, the sidekines of said easement being lengthened or shortened
to terminate at the property boundary.
Bearings are referenced from runway alignment.
EXHIBIT "A"
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2.72
FROM
Harry G. Gray and Maur{tta L. Gray
TO
The City of Fayetteville
25ACCESS EASEMENT DESCRIPTION
A permanent easement of 25 feet in width, being a part of the East
Half (E½) of the Northwest Quarter (NW;) of Section 33, Township 16
North, Range 30 West, and being 12.5 feet on each side of the
following described centerline: commencing at the Record Northwest
corner of the East Half (E½) of the Northwest Quarter (NWT) of said
Section 33, thence South 01°37'55" West - 645.0 feet (Record: South
- 658 feet); thence South 88°22'50" East - 716.21 feet (Record:
East); thence South 14°05'14" East - 259.97 feet to the point of
beginning of the easement centerline; thence North 39°20'03" East -
145.29 feet; thence along a curve to the right, having an arc
length of 78.24 feet, a radius of 50.00 feet, a tangent of 49.70
feet, a delta angle of 89°39'19", and a chord of North 84°09'43"
East - 70.50 feet; thence South 51°00'37" East - 21.96 feet; thence
along a curve to the right, having an arc length of 49.13 feet, a
radius of 40.00 feet, a tangent of 28.21 feet, a delta single of
70°22'47", and a chord of South 15°49'14" East - 46.10 feet; thence
South 19°22'09" West - 364.65 feet to the end of the easement,
containing 16,482 sq. ft. or 0.38 acres, more or less, the
sidelines of said easement being lengthened or shortened to
terminate at the property boundary.
Bearings are referenced from runway alignment.
EXHIBIT "B"
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Feb
04 2008
4:27PM
FRYETTEVILLE CITY ATTORNE 4795758315 p.2
OVV1/nO,
14:10
M
Trill U'!. C.N..r IF'
TRIAD TITLE COMPANY
3996 N. Frottage Rd.
Suite 3
Fayetteville, AR 72703
(479) 695-6100
(866) 525-1503 Fax
Date; 2/4/08
To: Kit
Fa:0: 479-575-8315
From: Sara Gamble (sara.gamble®triadd le com)
Re; Access and road easement
I belbve this should be In the favor of the Gray's, not the Qty of
Fayetteville.
flab for your help!
4
l
CORRECTED ACCESS AND ROAD EASEMENT
(To correct and replace easement as recorded in
Deed Ref. 93-41402, recorded July 26, 1993)
STATE OF ARKANSAS
COUNTY OF WASHINGTON
For the sum of One Dollar ($1.00) and other valuable
considerations to the undersigned, paid by Harry G. Gray
and Mauritta L. Gray (the "Grantees"), the City of Fayetteville
(the "Grantor"), hereby grants, sells, and conveys to the
Grantees,their successors and assigns, a perpetual access and
road easement (the "Easement") for the Fayetteville Municipal
Airport, also known as Drake Field, together with the right of
ingress to, from, and over said real estate for enjoyment of the
Easement herein granted, being more particularly described as
follows:
Doe ID: 011988220002 Tvoe: REL
Recorded: 02/08/2008 at 01:58:42 P11
Fee Amt: $20.00 Peae I of 2
Washinaton County. AR
Bette Stamoe Circuit Clerk
Flle2008—.00003987
A permanent access and road easement of 50 feet in width,
being a part of the East Half (E) of the Northwest
Quarter (NW 1/4) of Section 33, Township 16 North,
Range 30 West, and being 25 feet on each side of the
following described centerline: commencing at the Record
Northwest corner of the East Half (E 1/2) of the
Northwest Quarter (NW 1/4) of Section 33, thence South
01° 37' 55" West - 645.0 feet (Record: South — 658 feet);
thence South 88° 22' 50" East — 716.21 feet (Record: East);
thence South 14° 05' 14" East — 551.37 feet to the point of
beginning of the easement centerline; thence along a curve
to the left, having an arc length of 172.26 feet, a radius of
387.12 feet, a tangent of 87.58 feet, a delta angle of 25° 29'
44", and a chord of South 06° 37' 17" West — 170.84 feet;
thence South 06° 07' 34" East 73.90 feet; thence along a
curve to the left, having an arc length of 54.90 feet, a radius
of 30.00 feet, a tangent of 38.99 feet, a delta angle of 104°
51' 06", and a chord of South 58° 33' 07" East — 47.55 feet;
thence North 69° 01' 20" East — 37.61 feet to the end of the
easement, containing 16,905 sq. ft. or 0.39 acres, more or
less, the sidelines of said easement being lengthened or
shortened to terminate at the property boundary. Bearings
are referenced from runway alignment.
a. the right of ingress to and egress over the Easement by means of the roads thereon;
b. the right from time to time to trim and to cut down and clear away any and all trees
and brush now or hereafter on the Easement and to trim and cut down and clear away
Pe 7/8 4
any trees
on
either side
of the Easement which now
or hereafter
in the opinion of
Grantees
may
be a hazard
and interfere with the exercise
of grantees'
rights hereunder;
c. the right to install, maintain and use gates in all fences which now cross or shall
hereafter cross the Easement;
d. the
right
to mark the
location of the
Easement
by suitable markers set in the ground
which
shall
not interfere
with Grantor's
reasonable
use;
c. the right to pave or gravel the roadway if necessary in the sole judgment of Grantees.
Grantor reserves the right to use the strip for purposes which will not interfere
with Grantees' full enjoyment of the rights hereby granted; provided that grantor shall
not erect or construct any building or other structure, or drill or operate any well, or
construct any reservoir or other obstruction on the Easement.
The Easement described herein is to and shall run with the land, and shall be for
the benefit and use of Grantees and their assigns.
STATE OF ARKANSAS )
) ss
COUNTY OF WASHINGTON
DAN COODY,
ACKNOWLEDGEMENT
On this 6th day of February, 2008, before me, the undersigned Notary Public,
duly commissioned, qualified, and acting within and for said County and State,
appeared in person the within named Dan Coody as the Mayor of the City of
Fayetteville, to me well known, who stated and acknowledged that he had so signed the
foregoing instrument for the consideration, uses and purposes therein mentioned and set
forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal
this 6th day of February, 2008.
tC�
7tkry Public