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Home My WebLink About59-01 RESOLUTIONRESOLUTION NO. 59-01 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF LANDS OWNED BY CONLEY WORLEY, VIRGINIA WORLEY, GARY TIPTON AND SARAH L. TIPTON. WHEREAS, the City of Fayetteville and Conley Worley, Virginia Worley, and Gary Tipton have agreed on a fair price for the property owned by Conley Worley, Virginia Worley, Gary Tipton and Sarah L. Tipton that is needed for Right -of -Way And Construction Easements on Double Springs Road near Owl Creek; and WHEREAS, all of the parties signed a "Contract to Sell, but Sarah L. Tipton now refuses to sign any of the closing documents pending a civil divorce action; and, WHEREAS, the Arkansas Highway and Transportation Department needs to gain possession of this property promptly to let the contract for the new Owl Creek Bridge. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby Authorizes the City Attorney to file suit to seek court ordered possession of the Worleys' and Tiptons' property, and to pay into the Court the agreed, fair market appraisal of Ten Thousand Four Hundred and Seventy-five Dollars (S10,475). PASSED AND APPROVED this / day, of May, 2001. et, ., . N k 4. 0 6' ATTEST: _ 7 By:Hret er Woodruff, City CI, APPROVED: By , DAN CO 1 DY, Mayo", NAME OF FILE: Resolution No. 59-01 CROSS REFERENCE: 05/01/01 Resolution No. 59-01 1 04/12/01 Departmental Memo to Fayetteville City Council thru Dan Coody, Mayor, John Maguire, Don Bunn and Jim Beavers from Ed Connell regarding Owl Creek Bridge Replacement, Tract #2,Worley & Tipton Property, Right of Way Condemnation, AHTD Job No. 040152 07/06/01 Order of Default Judgement & Condemnation Case No. CIV 2001-570-4 Conley Worley and Virginia Worley/Gary Tipton and Sarah L Tipton 05/01/01 Staff Review Form NOTES: • FAYETTE PLF, THE CITY OF FAYETTEVILLE, ARKANSAS • DEPARTMENTAL CORRESPONDENCE Double Spring A. 4. Page 3 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 • siefrie", FROM: Ed Connell, Land Agent a RE: Owl Creek Bridge Replacement Tract # 2, Worley & Tipton Property Right of Way Condemnation AHTD Job No. 040152 Gary and Sarah L. Tipion (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 *ridge 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. mble Spring 4. Page 4 • • "C) < City of Fayetteville Lift Station CID ,95.1 gt.); 5-s cird .V•4 fr < TCE 2E SE -SE -10-16-31 (2) Conley & Virginia Worley (Life Estate) and Gary & Sarah L Tipton 37.521 Ac Total - 0.270 Ac existing ROW - 0.402 Ac New ROW Acquisition #1 - 0.060 Ac New ROW Acquisition #2 36.789 Ac Remainder 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 File: owlcrk.worley.des • • Data and Deed Call Listing of File:1111crk.worley.des • Double Spring A. 4. Page 5 Tract 1: 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 ract 3: 0.419 Acres. 18272 Sq Feet: Closure = s08.4911w 0.01 Feet: Precision =1/124799: Perimeter = 978 Feet act 4: 0.103 Acres. 4500 Sq Feet: Closure = s48.0033e 0.00 Feet: Precision =1/63878: Perimeter = 270 Feet ract 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 = n13.3837w 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=s89.1125e 1326.40 002=s01.0924w 1319.73 003=n89.1930w 1325.21 004=n01.0615e 1322.84 005=@1 Hill - before 006=1s89.1125e 30 007=s01.0504w 25.19 008:R6 R61998.50, Anw37.3.04 009=s10.2044w 25.97 010=s01.0615w 57.27 011=s89.1526e 48.53 012=s89.1526e 48.69 013=n31.5210e 82.54 014=n59.0656e 49.90 015=n39.1933e 319.57 016=n01.0615e 82.50 dr,/ 17=n89.1125w 349.39 9)1 Hill r/w taking s89.1125e 30 020=s01.0504w 25.19 021:R2 R61991130. Air•323.04 02210.2044w 25 97 023=s01.06I5w 57.27 024=s89.1526e 48.53 02589.1526e 48.69 026=n10.4040w 251.04 027=n00.5602e 183.46 028=-n89.11 25w 15.31 029=igft lift station 030=ls01.0615w 429.59 031=s89.1526e 48.53 032=s00.0545e 70.0 033=n89.1526w 50.0 034=n89.1526w 20.73 035=n10.2044e 70.99 036=s89.1526e 9.33 0379@2 City r/w easement 038=M89.1125w 1326.40 035-/s01.0615w 429.59 04012.1348w 71.43 041=n89.1526w 6.95 042=n10 2044e 70.99 043=s89.1526e 933 1 Worley 4r01.0615w 429.59 046=1s89.1526e 48.53 047=s89.1526e 48.69 048--n31.5210e 82.54 0459.0656e 49.90 050-n39.1933e 319.57 051=n01.0615e 82.50 05289.1125e 947.01 053=s01.0908w 1319.73 054=n89.1930w 1325.41 055=n01.0615e 823.25 056=389.1526e 50.0 057=n00.0545w 70.0 058=@.3 Worley r/w taking #1 05/n89.1930w 1265.24 064389.1930w 30.01 061=n01.5839e 220.06 062: 1.1,12•620.55, Arc -213.95 063=n01.0615e 218.05 064-09.2345e 176.54 065=s07.5901e 162.42 06602.1229e 94.96 067=s01.5839w 219.38 068=@)3 Worley r/w taking #2 065=/n89.1930w 1325.21 07Wn01.0615e 729.11 071=n01.0615e 94.14 072=s89.1526e 50.0 073=s23.0918w 43.93 074=s33.0246w 63.33 075=@3 Worley existing r/w 076=/n89.1930w 1295.25 077=n01.5839e 220.06 078:12, its620.55, Arem213.95 079=s01.0615w 430.53 01389.1930e 29.96 081=@65 Temp Esmt 2E 082=n09.2345w 176.54 083=s47.1657e 61.46 084=s08.0249e 81.94 085=s28.2609w 58.39 086=@)71 Temp Esrnt 2E1 087=n33.0246e 63.33 088=n23.0918e 43.93 08s03.2255w 101.13 09s75.1057w 47.81 091=n01.0615e 19.71 Double Spring A. 4. Page 6 '001 09:03 5 69-2018 2000-069949 ge 1 AHTD RIGHT OF WAY is PAGE 03 QUITCLAIM DEED FILED FOR RECORD ' KNOW ALL MEN BY THESE PRESENTS: 00 RUB 22 R19 11 21 SINGTON 00 AR That we, Conley Eugene Worley and Virginia Leeand and wife, . hereinafter called Grantor, for and in consideration of the sum of One oiler ($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 (SE1/4) of Section Ten (10), Township Sixteen (16) North, Range Thirty-one (31) West, described as follows, to - wit Beginning at the Southwest corner 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 SE1/4 of the SE1/4 of Section 10, Tovmshlp 16 North, Range 31 Weet In Washington County, Arkansas mom 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 thIsea ilay of August, 2000. • gyfi CONLg EUG E W•RLEY Zed..4/4; 2C4 red" VIRGINIAnLEE WORLEY 2000069949 • • • • • P A. 4. Page 7 04/17/2001 09:24 501-569-2018 AHTD RIGHT OF WAV Double Spring JOB NO. 040152 TRACT NO. 2 CONTRACT TO SELL REAL ESTATE FOR HIGHWAY PURPOSES KNOW ALL MEN BY THESE PRESENTS: THAT 1/We 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 Comity 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 010 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 070 59' 01" East along said proposed right of way line a distance of 162.42 feet to a point; thence South 02° 12' 29" East along said proposed right of way line a distance of 94.96 feet to a point; thence South 010 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 89° 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 2.3° 09' 18" West along said proposed right ofway 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 begirming 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 *4-slifigY ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPT. MC 07 2:31 Page 1 of 2 ADMINISTRATIVE SECTION LEC.,AL snON RIGHT OF Wm IHUIDinu ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPT. RECEIVED FEB 1 4 2001 Double Spring A. 4. Page 8 411 01 09:24 50 69-2018 5/5/00 AHTD RIGHT OF WAY 410 PAGE 03 JOB 040152 — TRACT 2 —Page 2 of 2 Together with the rights, easements and privileges in or to said lands which may be required for the fiill 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 1/We hereby covenant with the said City of Fayetteville, Arkansas that 1/We will forever warrant and defend the title to said lands and property against the lawful claims of any and all persons whomsoever. AND 1/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 gefday of cybc iilirt9A47/ (SIGNATURE) I Vs • • e ) 'De / (SIGNATURE) Ar (5 ;sr dare) dr -n41 ..70304..) (5 i t3OB6-Ye..) • • 04/17/2001 09:24 501-569-2018 AHTD RIGHT OF WAY 100D RTW 2/14/92 Alt dam Sofro Double Spring •A. 4. Page 9 PAYMENT DUE— $10 075.00 (Appraised value offered by the City for real estate, including damages, if any, to the remainder, to be paid after approval of title and execution of a deed as hereinafter provided). The City shall have the irrevocable right to exercise the "Contract to Sell" at any time within ninety (90) days from date; and it is agreed that if within the time above specified, the said City shall declare its intention to exercise this "Contract to Sell" including the right to purchase said land, the Grantor(s) will execute and sign a Easement Deed when presented by the City and receive payment of the stated "Payment Due" from the said City, less any amount that may be found due and payable to any mortgagee. 11 15 expressly understood that the said City shall not be obligated further unless stated herein to wit: It is understood and agreed that closing costs will not acczue to the Grantor(s) as the Grantee's Attorney will prepare the necessary documents for closing and the Grantee will pay the cost of recording all instruments conveying title to the City of Fayetteville. Grantor(s) further agrees neither to sell nor encumber the said real estate during the term of the "Contract to Sell". The City of Fayetteville is herebx authorized andcf cted to make payment of the purchase funds for the conveyance to 6:07/0/ nny zz, a Wont,/ 20e3/ VL/t4a sic/ _ Signature Signature ff S S# -SLAP 9-- - 7Yjo Mit 1/1 Signs& ii -340 6,4GA Signature ss# 9- /9- 9.5-f • MAINle Spring A. 4. Page 10 I, 2001 09:03 50 i -559-2018 AHTD RIGHT OF WAY EASEMENT DEED KNOW ALL MEN BY THESE PRESENTS: • JOB NO. 040152 TRACT NO. 2 PAGE 04 THAT 1/We Conley Worley and Virginia Worley H/W and Gary Tipton and Sarah L. Tipton H/W for and in consideration of Ten Thousand Seventy -Five Dollars, ($ 10,075.00 ), and other valuable consideration, cash in hand paid, the receipt ofwhich 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 Corner 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 010 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' thc 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 or 59' 01" East along said proposed right of way line a distance of 162.42 feet to a point; thence South 02° 12' 29" East along said proposed right of way line a distance of 94.96 feet to a point; thence South 010 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 89° 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 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 23° 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. DM/11 Page 1 of 2 • • • • 04/13/2001 09:03 501-569-201B AHTD RIGHT OF WAY • 5/5/00 JOB 040152 - TRACT 2 - Page 2 of 2 Double Spring • A. 4. Page 11 Together with the rights, casements 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 thc same unto the said City of Fayetteville, Arkansas, and to its successors and assigns forever. AND 1/We hereby covenant with the said City of Fayetteville, Arkansas that l/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. Wimess signature on this day of ,19 . (SIGNATURE) (SIGNATURE) Double Spring A. 4. Page 12 001 09:24 5gill8 -569-201 AHTD RIGHT OF WAY RECEOVED APR 17 25181 • PAGE 01 JOB TRACT 2E1 ,M./ TEMPORARY CONSTRUCTION EASEMENT 6, a-dii KNOW ALL MEN BY THESE PRESENTS: 1—/g e1-2) R1 / romehundnti - IttYLaT Conley E. & Virginia Worley for and in consideration of Twerlitifithed-fitity dollars, ($4W), 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. 2Esituatedin the County of, State of Arkansas. 4.44ci Zi I tehtnibari• This temporary easement as conditioned above shall terminate when the above subject job has been completed by the contractor and accepted by the Arlcansas 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 hereinabovc set forth. WITNESS my signature of this MX day of , t9-014.1/ 615frre 4-xt, (SIGNA 944.:44, es? 2erifla, (SIGWATUFtE) by Ageot 4eu Sicynatare. ARKAftma, AND rigno STATE Hf NSPORT "GHWAY °;?Cer DEPT' MAR 0 7 am LEGAL DIVISION • • • • 04/13/2001 09:03 501-569-2018 AHTD RIGHT OF WAY • Double Spring • A. 4. Page 13 JOB NO. 040152 TRACT NO. 2E TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT Conley Worley and Virginia Worley My and Gary Tipton and Sarah L. Tipton h/w for and in consideration of Two Hundred Fifty Dollars ($250.0O ), 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 thc 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 28° 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/I1 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) )ouble Spring k. 4. Page 14 2001 09:03 50 - 69-2018 iiii AHTD RIGHT OF WAY • JOB NO. 040152 TRACT NO. 2E1 TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS: PAGE 07 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 aclatowledged 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 Arlcansas: LEGAL DESCRIPTION Part of the Southeast Quarter of the Southeast Quarter of Seddon 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 010 06' 15" East along said proposed right of way line a distance of 19.71 feet to a point; thence North 330 02' 46" East along said proposed right of way line a distance of 63.33 feet to a point; thence North 23° 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 750 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/I1 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 (SIGNATURE) (SIGNATURE) day of 3 • • • • • • • • 04/13/2001 09:03 501-569-2018 Double Spring • A. 4. Page 15 AHTD RIGHT OF WAY ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT ENGINEERING SECTION, RIGHT OF WAY DIVISION JOB NUMBER: 040162 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 (INSTRUME)fl): 12000- PAGE: 69949 CONSIDERATION: $ 1 OGVC REVENUE STAMPS. $ NONE GRANTOR(S): CONLEY EUGENE WORLEY & VIRGINIA LEE WORLEY 11/W SEE PAGE TWO FOR CHAIN OF TITLE -- MORTGAGES, JUDGMENTS AND ALI. OTHER LIENS AFFECTING SAID LAND NOT RELEASED: NATURE OF LIEN: NONE HOLDER; BOOK (INSTRUMENT) PAGE DATE FILED NATURE OF LIEN: HOWELL BOOK (INSTRUMENT) PAGE DATE FILED NATURE OF LIEN: HOLDER: BOOK (INSTRUMENT) PAGE DATE FILED NATURE OF LIEN: HOLDER: BOOK (INSTRUMENT) PAGE DATE FILED TAXES AND ASSESSMENTS FOR THE YEAR 2001 ARE IN T73E NAME OF: GARY E. TIPTON PARCEL NUMBER: 765-16157-000 TAXES FOR 1999 ARE PAID $54.58, UNPAID 0, AMOUNT DUE $ TAXES FOR 2000 ARE PARC S DUE® 556.37 CERTIFIED TO BE CORRECT (AS SHOWN OF RECORD) THIS 12th DAY OF JANUARY, 2001 TIM ROBERTSON. ABSTRACTOR TRACT NO. 02 CERTIFICATE NO. 02 REV. PAGE NO. 1 OF 2 Double Spring A. 4. Page 16 301 JOB: 040152 LOCATION: FEE INNER (S) : ADDRESS: PHONE: 09:03 5�69-20l8 AHTD RIGHT OF WAY APPRAISAL REPORT For ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT • PROJECT: HRN-9142(1) Owl Creek Str. & Apprs. COUNTY: Washington TRACT: Conley E. and Virginia WOrleyil/W 6316 Wedington, Fayetteville, AR 72704 501-442-6962 AREA OF WHOLE: AREA OF REMAINDER: AREA OF ACQUISITION: Land Improvements Total Land ImproVements Total 37.25t acres 36.793 acres 0.463 acre PERMANENT EASEMENT(S): TEMPORARY EASEMENT(S): ESTIMATED FAIR MAREET VAIME OF THE PROPERTY Before 37.25 acres @ $11,000/acre 409,750.00 1,000.00 After 36.79 acres @ 511,000/acre FAIR MARKET VALUE OF ACQUISITION Temporary Construction Easement(S) 0.17 Cost to Cure Gravel TOTAL COMPENSATION AS OF October 25, 2000 CERTIFICATE Or APPRAISER And 404,675.00 1,000.00 acre at rental value drive PAGE 08 Ct 2, Ct 2E 0.17± acre $ 410,750.00 $ 405,675.00 400.00 5,075.00 <5,000.00> 10,475.00 I hereby certify: That I have personally inspected the property herein appraised, that / 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 notarial 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 for a project co 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 Markel Value caused by the public improvement; and that to the beat of my knowledge no portion of the value assigned to such property consists of items which are noncompensable under the established law of said State. That neither my employment nor my COMpenaatiOn for making this appraisal and report are in any way contingent upon the values reported herein. That I have n� 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 an 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 $10,475.00 based upon my independent appraisal and the exercise of my prOfesaiOnal judgment. /nspection oate(s):October 25, 2000 4 Date April 13, 2001 et../..4_ 4/21-041; Witness to Signet e APPROVED FOR COURT PURPOSES. Appraiser: hnbaum DATE: Job: 040152 Tract: Ct 2, Ct2E • • • Double Spring • A. 4. Page 17 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 othei.than the proper officials of the State Highway and Transportation Department of said State or officials of the Federal Highway Administration, and / 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 25, 2000 is $10,475.00 based upon my independent appraisal and the exercise of my professional judgment. 41111 spection Date(s):0Ctober 25, 2000 Date April 13 2001 )12:41a eta_ asee•-1-1-, Witness to Signet e • APPROVED FOR COURT PURPOSES: DATE: 0.** Job: 040152 Tract: Ct 2, Ct2E Double Spring A. 4. Page 18 Return4611 • • Parcel Number: 765-16157-000 Location Address: 0 Owner name: TIPTON, GARY E.; WORLEY, CONLEY EUGENE & VIRGINIA LEE * Mailing Address: 6316 WEDINGTON DR FAYEI1EVILLE 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 Land Improvement Total Type: AM Record 1 of 1 Appraised value 4,250 2,650 6,900 First Structure Occupancy Construction Floor Number Type Type Living Area 01 Structure Sketch Assessed value 850 530 1,380 Total Living Age or Year Basement Constructed Area Area 0 0 0 0 Date Book Page Grantee 1 Grantee 2 TIPTON, EUGENE GARY E.; 08/22/00 2000 69949 QC 0 0.00 WORLEY, VIRGINIA CONLEY LEE * JEB 2000-69949 QC NO REV WORLEY'S RETAIN LIFE ESTATE Deed Sale Revenue Type Amount Amount WORLEY, CONELY 01/01/85 949 242 E.& WD 0 0.00 VIRGINIA L. http://www2.co.washington.ar.us/svr/intrasrvisv?apps/assessor/search1jfm Page 1 of 2 4/13/01 Property Search • Q.QB AC a cArsocastnppJ, P10 1/A.t. a &f; a friteg� 1 BEFORE EQB-NO CHANGE. • • Double Spring A. 4. Page 19 http://www2.co.washington.ar.us/svr/intrasrv.isv?apps/assessor/searchl dfrn 4/13/01 1 • • ad, O, "ei. _57_ 01 IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS CITY OF FAYETTEVILLE, ARKANSAS, PLAINTIFF A Municipal Corporation vs. Case No. CIV 2001-570-4 CONLEY WORLEY and VIRGINIA WORLEY, Husband and Wife and GARY TIPTON and SARAH L. TIPTON, Husband and Wife ORDER OF DEFAULT JUDGMENT AND CONDEMNATION c:D DEFENDANtS (--- ir- rn cn c•---- co co -.....• .-r, • cr., o CP 0 70 --k — Tr ei —0 7, 5:0- -3-- CL9 1rt, a (p 0 p....• 0 0 73 0 On this (Ott- day of 2001, this cause of action having been submitted to the Court upon the complaint and exhibits filed herein, the summons issued against the Defendants, Proofs of Service showing proper service for the time and in the manner required by law, the evidence introduced by the Plaintiff, and their matters and proof, the Court finds that: This is the day regularly set for the trial of this cause; the Defendants have been duly served with summons for more than twenty days before this date as to CONLEY WORLEY and VIRGINIA WORLEY, and more than thirty days before this date as to GARY TIPTON and SARAH L. TIPTON, as required by law; the Defendants have failed to appear and defend; and the Plaintiff is entitled to exercise its power of eminent domain over certain real property of the Defendants located in Washington County, Arkansas, and more particularly described in Exhibit "A" attached hereto and made a part hereof; and Defendants are entitled to just compensation and damages in the amount of urgria,.....„4,.„..,..,...• Bry ono too tel fault Judgment Summary Judgment Non -Trial 0 Other parties or claims still Pending 0