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HomeMy WebLinkAbout156-05 RESOLUTIONRESOLUTION NO. 156-05 A RESOLUTION TO CONVEY A TWENTY FOOT EASEMENT FOR ACCESS AND TO RESTRICT CONSTRUCTION OF STRUCTURES AROUND THE PROPOSED LEGACY BUILDING ON THE SITE OF THE DEMOLISHED SHULERTOWN MARKET BUILDING WHEREAS, The Barber Group has purchased and demolished the vacant Shulertown Market Building at 401 West Watson Street and are proposing to build a multi -story Legacy Building with some enclosed parking within this area; and WHEREAS, proposed Legacy building would extend almost to the lot lines, the developer of this future building needs assurance from the City of Fayetteville as owner of the parking lot adjoining the proposed new multi -story building that nothing will be built on the existing parking lot closer than 20' from the property line of the Legacy Building and that this area shall be available for pedestrian access; and WHEREAS, the owners/developers of Legacy Building are prepared to offer as consideration for this casement and the loss of six parking spaces (three to accommodate the entry into the parking area within the Legacy Building; two for the front pedestrian entry and one needed to change two regular parking spaces to two disabled parking spaces) the use of a 545 square foot space on the ground floor of the building for ten years rent free; and WHEREAS, the Barber Group requests City Council permission to construct balconies above the twenty foot easement that would not interfere with the existing parking spaces and requests that it be allowed to remove the existing landscaping within the twenty -foot easement on condition it replace and irrigate replacement landscaping and relocate and build masonry screening for a common trash and recycling area to serve many area businesses on a location designated by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the conveyance of a 20 foot access and no -build easement around the proposed Legacy Building located at 401 West Watson Street within the city parking lot, ease, south, and west of the building, as shown on Exhibit A • • • (attached hereto) and the relinquishment of six parking spaces also as shown on Exhibit A in consideration for the unrestricted use of 545 square feet of space on the ground floor of the Legacy Building rent free for ten years beginning after the building has received its Certificate of Occupancy. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to sign such easement upon his receipt of a properly signed contract from the owners granting the 10 years free rent period for the 545 square foot area within the completed building. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby grants permission to the Barber Group to construct balconies above and into the 20 foot easement area if such balconies do not obstruct or interfere with existing parking spaces, grants permission to the Barber Group to remove existing landscaping within the easement if such landscaping is replaced with comparable or improved landscaping that is irrigated and maintained by the Barber Group. This permission for balconies and landscaping is granted on condition that the Barber Group shall relocate the City's trash and recycling area within the City's parking lot to a place so designated by the City and will construct at the Barber Group's sole cost a masonry screen pursuant to City specifications and on condition that the Barber Group shall maintain the relocated landscaping. PASSED and APPROVED this 2nd day of August, 2005. .....R £qs APPROVED: `iMac'''G‘j Y O'c �:p0' -U; 03 a ai; tkO Sat au�.4- a es dt Stac o, AL MAN AGENDA REQUEST ARM *eh" /56 ,.acta11W�ay t,�t/r!strele6a45 FOR: COUNCIL MEETING OF AUGUST 2, 2005 FROM: ALDERMAN ROBERT RHOADS ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Convey A Twenty Foot Easement For Access And To Restrict Construction Of Structures Around The Proposed Legacy Building On The Site Of The Demolished Shulertown Market Building APPROVED FOR AGENDA: Robert Rhoads Alderman City Attorney (as to form) 7/24S— Date /2-2(tt-oS Date • • RESOLUTION NO. A RESOLUTION TO CONVEY A TWENTY FOOT EASEMENT FOR ACCESS AND TO RESTRICT CONSTRUCTION OF STRUCTURES AROUND THE PROPOSED LEGACY BUILDING ON THE SITE OF THE DEMOLISHED SHULERTOWN MARKET BUILDING WHEREAS, The Barber Group has purchased and demolished the vacant Shulertown Market Building at 401 West Watson Street and are proposing to build a multi -story Legacy Building with some enclosed parking on the same footprint as the demolished building; and WHEREAS, since the prior and future building extended almost to the lot lines, the developer of this future building needs assurance from the City of Fayetteville as owner of the parking lot adjoining the proposed new multi -story building that nothing will be built on the existing parking lot closer than 20' from the property line of the Legacy Building and that this area shall be available for pedestrian access; and WHEREAS, the owners/developers of Legacy Building are prepared to offer as consideration for this easement and the loss of six parking spaces (three to accommodate the entry into the parking area within the Legacy Building; two for the front pedestrian entry and one needed to change two regular parking spaces to two disabled parking spaces) the use of a 545 square foot space on the ground floor of the building for ten years rent free. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the conveyance of a 20 foot access and no -build easement around the proposed Legacy Building located at 401 West Watson Street within the city parking lot, ease, south, and west of the building, as shown on Exhibit A (attached hereto) and the relinquishment of six parking spaces also as shown on Exhibit A in consideration for the unrestricted use of 545 square feet of space on the ground floor of the Legacy Building rent free for ten years beginning after the building has received its Certificate of Occupancy. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to sign such easement upon his receipt of a • • properly signed contract from the owners granting the 10 years free rent period for the 545 square foot area within the completed building. PASSED and APPROVED this 2nd day of August, 2005. ATTEST. By: SONDRA SMITH, City Clerk APPROVED: By: DAN COODY, Mayor Legacy Building, Request for Easement, page 2 Legacy Building, Request for Easement, page 3 • ay 'nogg ansutsntpua me 1 a N -I Om o co x L. N S y (o 0. O c C X 0 co o0 (p O b 0. w Uo a o w c- -y 0 co Arts Center and Dickson Street. A public sidewalk is to be o 0 c 7 v ;1 < 0 c co 0 S ON N .w.. N o �v E c O a n' C 0 7 n 0 O N A' C p 0. `-c W y E. nw O pr.0 w' 0 •Oy — 5. = a C 'D 00 -I O co 'a (moo '0 x w e vo a. 0 �. T ° y <' co x 0 S n N N (o -y �c a a cn 0 v' c - N; F g E a 0 .. Cr C 00 a S C O 0 .EL:.7- W H 13 O O d 5 -Oy00B n m v 0 < CD C N n' a O - S N - 0• .b 81 S cn NFo- aB. co E 0 w go N 7 0 `< 0 0 0 the Legacy Building to fruition. • w 00 = n is: 00 0 S < w = 3 d 0 0 g. o o d• 0 n d O 0 a 'C C O O n, o � y N C7 CO 0 Ill0 CL 7 0 7 3 0 y CI. g 60 Nsi;Di N n JO Y9 c - = 0 d .-' N ED: r.0 O N n y _ O y N• 00CM 0 to0 '-Y N '6 w m _ Cl. 4 Fr ea N O 00 0 a O . -n 7 R F. g 8CY C n E a y. a=o E 00 00 0 0 o Y n g .N..S 0 O• 0 PD .0 0 "_ = X D N 7 0. c Cr 0 (no" CD 0. 0 �' o 0 w o aoo n 3 -3' 0 c vc, 0 °_° o . 07O C OC O 7- "0 N N �i 2E. --1 0 N+ E. N NQ E. X B C --y (D Cr ``� N 10 CD W o O CD 0. w = C' b P'• tn. Dii £ a 0' g 00 d .� C. p 7 - N 00 w - 3• n w O p' n N E Cr y' _= o A• !A O a0 0 n 2io C N 0 y 0. w C B o �. < a 1-11 7r S O C W 0 J S 16.2 C �i a0 (D G p oo a "")o N w 7 N E Nin 0' < C 0 N aro N of D, c < N n t• o ~ Pl X VEi N w .w. Q. S 3 N �N -imo• S N O = • n n 7 CD Et E. C 0 `n 3 8- S( — O'S S 5.N - S Na0 0 En (D Dover writes in his executive summary: "The vision is our downtown area is the concept of teamwork. O 0 0 n 0 3 0 0 N O 0 O O 00 o 000 co .0 a b 3 iD 0 pun 'anuanV loops compelling pedestrian destinations N n • 0. O 0. N. n y 0- n 0. LI aN co O E S E o. 0 3 0 0 n 0 a R N .0 N 5' n 0.0 n n o 3 • 0 e 3 3 o a 3 n 0 • y a w• C < O b nw • 6C n • a to n n 00 N o w O -� n n n .0 7 x O w -• n 3 0 n g G C ectG. rimO 'cy ,"1 0. - N .w... ‘.‹.t.•• • n 0 O' C 9 a 1 S 0 re 0. N improved sidewalks and O to Xwouoog aauauodxg uy A tN N 00 :uwa� Juawdopaaa jnawuw!AUa olquIpm shopping to the downtown area. • d C . C a • N 0 o E y v C •Q _so az a g 5' 00 0 -"0 cr - � w w an 00 'w aao ?+ w 0. rir co n N • N f� r 0 V W C • 0 G. 0. 00 C 00 w N Lu 0 0 0 pamainai l puB n S n r Oo 0 Co c 0. 00 00 0. n n O n •sluo.g panjs gloq .sawn palls 0 0 n• 0 0 0 n' N O. 0 0 n' tn 0. 0 (1) .9 n 4. 0 09 w 0 0 cn cr0 d N ▪ • Ono C0 n 0 QCQ - O 0 0 co 0 S lD X Eire Oor0 ,0. O 7 O 0 o•�o 0 0 O O o C 0 n O 0 T 0 0 E 00 0 0O, O N E 0 00 'S a o O 2 N 5 00 S ..0 C 0 vcc S n SI41 0) p1EM10J 0 generation of planning In order to properly develop the property at 401 West Watson • o b t 0 o - o in 7 y n O av' Cn PE co w Co 0 co pc co i. V] w C 2 0 0 w p�3 XJ 0 C 7 00 w N 0 0 Co 0 p o 0 C Cro ... a 0ig 0 00 = n 0 0 w 0 oCD 00 0 'ry' 0 Cr N C O C W. 0. CD vii `< 00 00 Clearly the Legacy Building and take its place in this vibrant mix. parking below the building. 0 0. C 0 N o DI" 0 1. a a a 0 7 C < S 0 PA' 0 ra0 a 0 00 0 N f. 0. 00 S E aco 0' c. C 00 a S 2 0'n Qp O O W N 0 -t U7 0. co 0 0 0 O 0 w • 0 0 0 co . 0 0 0 ' w 0 r UO.' 0 CO 0 00 a 0 yN co x 0 0 0' 0• 0 0 0 0 0 ao 0 N 0 T fD n X a 0 to 0 0 n• Q.7 a3il .10 Xulenb manage the realities of parked cars in an urban environment. C Pc0 a Co N 0 0 0 0 0 0 1-. 7' CIO 0 0. 4-10 ycn 7 n a lalseN uMoluMou • residential option. opportunities for people to live Downtown. It is time for O S N 2 flt - N 3 0 OC S tor W w < 0 CI - co ta. N gr ng' o '< co 0- a O C 0n a yy 2 QO =. < O —' Nn 00 3 S .0' 0 r. o9 0. n °' Cr co 0 < 0 n. O 0- -. b a - o co)s• 1 3 0O o N ' 0 0 -I X ^. Aa 00 a • N 3• 4 O 0 0 0 O 0000 0. O 0. 08 O a to the area. From the Master Plan: "As we look to the future of 0 0 E co ;Pta2 0 0• 0 00 W n co Orcii N y. m 0 0 0. 0 3 B oo' 0 pO STP 0 •s11Ed slp 3o tuns the heart of this project. We are Legacy Building, Request for Easement, page 6 immtCD0} } | } { to the building: We understand that each parking stall Downtown is precious, but feel that the overall positive impact the south side of the building to allow better pedestrian access garage and three more public parking stalls would be lost on \ CD r / \ B B & co \ r / 0 \ \ ..< - \ / / 00 r 0 St ‘13 &o VI Po 2 2 / 3 co i a ) — }CA Er.} \ \ 0 / \ \ = sm.. _ ?.° City of Fayetteville. It is important to note that this easement on the west, south, and east sides of the property granted by the Q. ¥ 2 e E Po 0 00 - \ \ 3 § 2 \ j — _ CDin co % too § I.< .2 co 0 \ — \ } \ / Q. \ • ƒ { §fa. CD 3 $ co Ia. i » { co / / { o 17 N Q. \ 0 110 0 co street front. This is not possible without a 20' wide easement Replace Parking Lot Trees along the street facades to create visual interest and an active / • 3-1 a. co cr cr \ ZS co / co0 cr c. cro } tn\ \ cn. \ 2 • City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 city_cle rk©c i.fayettevi I le.a r.us DEPARTMENTAL CORRESPONDENCE To: Robert Rhoads, Alderman From: Clarice Buffalohead-Pearman' City Clerk Division Date: August 8, 2005 Re: Res. 156-05 Attached is a copy of the resolution passed by Council, August 2, 2005 regarding a construction restriction and granting an access easement for the Legacy Building. If anything else is need please let me know. Thanks. /cbp Attachment Parcel No.765-04362-001 Parcel No 765-04363-001 • • ACCESS/NO-BUILD/GENERAL UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT, the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the unrestricted use of 545 square feet of space on the ground floor of the Legacy Building rent free for ten years beginning after the building has received its Certificate of Occupancy and other promises outlined in the contract between the City of Fayetteville and SCB Investments. LLC, signed the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto SCB Investments, LLC, an Arkansas Limited Liability Company, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, maintain, repair and/or replace sidewalks, driveways, parking lots for public access for the purpose of construction, maintenance, repair and/or replacement, enlargement and operations of, and general utilities including water and/or sanitary sewer pipe line or lines, manholes, natural gas, electrical power, telephone, fiber optic cable(s) and television communication line or lines, and appurtenances thereto, on over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Book 1431 at Page 652 and Deed Book 1439 at Page 382) Part of Lots 4, 7, 8 and 15 in Block 6 of the Country Court Addition to the City of Fayetteville, Arkansas, as per plat recorded in the office of the Circuit Clerk, Washington County, Arkansas, and being more particularly described as follows: Beginning at a railroad spike on the East line of Lot 8 which is S 00° 14' 47" E 15.02 feet from the Northeast corner of Lot 8; thence S 89° 39' 58" W 192.17 feet to a Brass Cap; thence N 00° 38' 51" W 13.17 feet to a Brass Cap; thence S 88° 42' 50" W 182.73 feet to a rebar pin; thence along a curve to the left, having a radius that bears S 01° 17' 10" W 282.58 feet, through a central angle of 12° 48' 54" an arc length of 63.20 feet to a Brass Cap; thence N 00° 20' 3T W 107.81 feet to the South line of Watson Street; thence along the South side of Watson Street S 89° 45' 45" E 339.07 feet to a rebar pin; thence along the South line of Watson Street N 89° 39' 58" E 98.46 feet to a rebar pin; thence along the West line of Campbell Street S 00° 22' 09" E 76.44 feet to a rebar pin; thence S 00° 14' 47" E 30.04 feet to the Point of Beginning. LESS AND EXCEPT: A part of Lots 4 and 15 in Block 6 of the County Court Addition to City of Fayetteville. Arkansas, as per plat recorded in the records of the Circuit Clerk, Washington County, described as follows: Commencing at the Northeast corner of Lot 8 Block 6; thence N 00° 14' 47" W 15.02 feet; thence along the East line of said Lot 8 N 00° 22' 09" W 76.44 feet to a rebar pin; thence S 89° 39' 58" W 98.46 feet to a rebar pin; thence N 89° 45' 45" W 44.47 feet to the POINT OF BEGINNING; thence S 00° 04' 38" W 87.09 feet to a Cotton Spindle; thence S 89° 51' 37" W 214.40 feet to a Cotton Spindle; thence N 00° 04' 38" E 88.50 feet to the South line of Watson Street; thence S 89° 45' 45" E 214.40 feet to the Point of Beginning, containing 18,823.51 square feet, more or less. Leaving in the aggregate 25,754.06 square feet, more or less. Subject to utility easements recorded and unrecorded. A part of Lot 8 in Block 6 of the County Court Addition to the City of Fayetteville, Arkansas, as per plat recorded in the Circuit Clerk's office in Washington County, Arkansas, and being more particularly described as follows: Commencing at a railroad spike on the East line of said Lot 8 which is S 00 degrees 14' 47" 15.02 feet from the Northeast corner of said Lot 8; thence S 89 degrees 39' 58" W 192.17 feet to a Brass Cap for a POINT OF BEGINNING; thence N 00 degrees 38' 51" W 13.17 feet to a brass cap; thence S 88 degrees 42' 50" W 131.20 feet to the Northeast corner of said lease description from Hargis -Witt to Burban; thence along the West line of said lease S 03 degrees 36' 30" E 107.39 feet; thence along the South line of said lease N 89 degrees 50' 30" E 125.78 feel to a rebar pin; thence N 30 degrees 58' 50" W 12.37 feet; thence N 00 degrees 08' 26" W 79.75 feet; thence N 40 degrees 30' 18" E 8.22 feet to the Point of Beginning, containing 13,427.28 square feet, more or less. A part of Lots 5, 7, and 8 in Block 6 of the County Court Addition to the City of Fayetteville, Arkansas, as per plat recorded in the Circuit Clerk's office in Washington County, Arkansas, and being more particularly described as follows: Commencing at a railroad spike on the East line of said Lot 8 which is S 00 degrees 14' 47" E 15.02 feet from the Northeast corner of Lot 8; thence S 89 degrees 39' 58" W 192.17 feet to a brass cap; thence N 00 degrees 38' 51" W 13.17 feet to a brass cap; thence S 88 degrees 42' 50" W 131.20 feet to the Northwest Comer of a lease description form Hargis -Witt to Burban for a POINT OF BEGINNING' thence along the West line of said lease S 03 degrees 36' 30" E 107.39 feet; thence S 89 degrees 50' 30" W 246.48 feet to the East right of way of West Avenue; thence along the right of way N 00 degrees 09' 30" W 29.44 feet; thence leaving the right of way along a curve to the right having a radius of 603.80 feet through a central angle of 01 degrees 37' 56" an arc length of 17.20 feet to a point of compound curve; thence along a curve to the right having a radius of 282.58 feet through a central angle of 38 degrees 42' 24" an arc length of 190.90 feet to a rebar pin; thence N 88 degrees 42' 50" E 51.53 feet to the Point of Beginning, containing 21,185.97 square feet, more or less. • • ACCESSING-BUILDIGENERAL UTILITY EASEMENT City of Fayetteville. Arkansas Page 2 of 3 PERMANENT EASEMENT DESCRIPTION: A part of Lots 4 and 15, Block 6 of the County Court Addition to the City of Fayetteville. Arkansas, being part of the Northwest Quarter (NW%) of the Northeast Quarter (NEY.) of Section 16, Township 16 North, Range 30 West, Washington County, Arkansas, and being more particularly described as follows: Commencing at the Intersection of the East right-of-way line of Campbell Avenue and the South right-of-way line of Watson Street: thence along said South right-of-way line of Watson Street, North 86 ° 53' 49" West 123.62 feet to the Point of Beginning; thence leaving said South right-of-way line of Watson Street, South 03° 06' 00" West 107.60 feet; thence North 87° 06' 59" West 254.40 feet; thence North 03° 06' 00" East 108.58 feet to said South right-of-way line of Watson Street; thence along said South right-of-way line of Watson Street, South 86° 53' 49" East 20.00 feet; thence leaving said South right-of-way line of Watson Street, South 03° 06' 00" West 88.50 feet; thence South 87° 06' 59" East 214.40 feet; thence North 03° 06' 00" East 87.68 feet to said South right-of-way line of Watson Street; thence along said South right-of-way line of Watson Street, South 86° 53' 49" East 20.00 feet to the Point of Beginning, containing 8,612 square feet Or 0.20 acres, more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, until the use of said permanent easement is relinquished, abandoned or vacated and so long as such sidewalks, driveways, parking lots, pipe line or lines, electrical power, telephone and/or television lines or cables, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The Grantor agrees not to erect any buildings or structures in said permanent easement, except for balconies overhanging easement area. The Grantee shall have the right to construct additional pipe lines, electric power lines, telephone and/or television lines or cables upon the above described easement at any time in the future. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. This document subject to City Council approval, by resolution, of said contract between City of Fayetteville, Arkansas, and SCB Investments, LLC as referenced above. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. /J WITNESS the execution hereof on this the /9111 day of ?f-yC/C,(, 2005. ATTEST: Sondra Sm h, CI CITY OF FAYETTEVILLE, ARKANSAS AMuni •aI Corporation ALII ACCESS/NOBUILD/GENERAL UTILITY EASEM of Fayetteville. Arkansas Page 3of3 • STATE OF ARKANSAS COUNTY OF WASHINGTON ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Dan Coody and Sondra Smith, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk, respectively, of the City of Fayetteville, Arkansas, a Municipal Corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. /� /� WITNESS my hand and seal on this IR day of 1I al 2005. MY COMMISSION EXPIRES: izt s ?` , IZY y, ..... .l • • Notary Public • • RESOLUTION NO. 156-05 A RESOLUTION TO CONVEY A TWENTY FOOT EASEMENT FOR ACCESS AND TO RESTRICI' CONSTRUCTION OF STRUCTURES AROUND THE PROPOSED LEGACY BUILDING ON TI -IE SITE OF THE DEMOLISHED SHULERTOWN MARKET BUILDING WHEREAS, The Barber Group has purchased and demolished the vacant Shulcrtown Market Building at 401 West Watson Street and are proposing to build a multi -story Legacy Building with some enclosed parking within this area; and WHEREAS, proposed Legacy building would extend almost to the lot lines, the developer of this future building needs assurance from the City of Fayetteville as owner of the parking lot adjoining the proposed new multi -story building that nothing will be built on the existing parking lot closer than 20' from the property line of the Legacy Building and that this area shall be available for pedestrian access; and WHEREAS, the owners/developers of Legacy Building are prepared to offer as consideration for this easement and the loss of six parking spaces (three to accommodate the entry into the parking area within the Legacy Building; two for the front pedestrian entry and one needed to change two regular parking spaces to two disabled parking spaces) the use of a 545 square foot space on the ground floor of the building for ten years rent free; and WHEREAS, the Barber Group requests City Council permission to construct balconies above the twenty foot easement that would not interfere with the existing parking spaces and requests that it be allowed to remove the existing landscaping within the twenty -foot casement on condition it replace and irrigate replacement landscaping and relocate and build masonry screening for a common trash and recycling area to serve many area businesses on a location designated by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the conveyance of a 20 foot access and no -build easement around the proposed Legacy Building located at 401 West Watson Street within the city parking lot, case, south, and west of the building, as shown on Exhibit A • • (attached hereto) and the relinquishment of six parking spaces also as shown on Exhibit A in consideration for the unrestricted use of 545 square feet of space on the ground floor of the Legacy Building rent free for ten years beginning after the building has received its Certificate of Occupancy. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to sign such easement upon his receipt of a properly signed contract from the owners granting the 10 years free rent period for the 545 square foot area within the completed building. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby grants permission to the Barber Group to construct balconies above and into the 20 foot easement area if such balconies do not obstruct or interfere with existing parking spaces, grants permission to the Barber Group to remove existing landscaping within the casement if such landscaping is replaced with comparable or improved landscaping that is irrigated and maintained by the Barber Group. This permission for balconies and landscaping is granted on condition that the Barber Group shall relocate the City's trash and recycling area within the City's parking lot to a place so designated by the City and will construct at the Barber Group's sole cost a masonry screen pursuant to City specifications and on condition that the Barber Group shall maintain the relocated landscaping. PASSED and APPROVED this 2nd day of August, 2005. `�G,•• SY OF •Gp co•P.••1': By: E . FAYETTEVILLE • = %gt5:ele,KAN4* Jam': se,%%%%%%%%%%%tvG70N CJ uuuun ATTEST - By: APPROVED: SONDRA SMITH, City Clerk DA COODY, May