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Home My WebLink About94-05 RESOLUTIONRESOLUTION NO. 94-05 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY FEASIBILITY STUDIES, INC. WHEREAS, the City of Fayetteville and Feasibility Studies, Inc. have been unable to agree on a fair price for the property owned by Feasibility Studies, Inc. that is needed for permanent utility and temporary construction easements at 530 North College Avenue; and WHEREAS, the City of Fayetteville needs to gain possession of this property promptly to begin work on the North College Avenue Water Line Replacement project. 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 authorizes the City Attorney to file suit to seek court ordered possession of property located at 530 North College Avenue and owned by Feasibility Studies, Inc., that is needed for permanent utility and temporary construction easements, and to pay into the Registry of the Circuit Court the sum of $4,890.00 as just compensation therefor. PASSED and APPROVED this 3'd day of May, 2005. °"1KlTR ",,, �`G�ER • • • .% APPROV E ;FAYETTEVILLE: B '-L•• 9 p5 ��` y DAN COODY, Mayor owe '•W4S WXe ,�GTON C;'N%J4P ATTEST: JullIo �o By: &4L—u� SONDRA SMITH, City Clerk CITYRTTORNEY AGENDA REQU4ST FOR: COUNCIL MEETING OF MAY 3, 2005 a d " X11 - FROM: DAVID WHITAKER, ASSISTANT CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution Authorizing The City Attorney To Seek Condemnation And Possession Of Certain Lands Owned By Feasibility Studies, Inc. APPROVED FOR AGENDA: Assistant ity Attorney 2P zoos Date Date RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY FEASIBILITY STUDIES, INC. WHEREAS, the City of Fayetteville and Feasibility Studies, Inc. have been unable to agree on a fair price for the property owned by Feasibility Studies, Inc. that is needed for permanent utility and temporary construction easements at 530 North College Avenue; and WHEREAS, the City of Fayetteville needs to gain possession of this property promptly to begin work on the North College Avenue Water Line Replacement project. 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 authorizes the City Attorney to file suit to seek court ordered possession of property located at 530 North College Avenue and owned by FeasbiI Studies, Inc., that is needed for permanent utility and temporary co tr ctio' easements, and to pay into the Registry of the Circuit Court the su 90.00 as just compensation therefor. PASSED and APPROVED this 3rd day of Mar2005., AI'PROVED 000000 DA +GOODY, Mayor AVINDIT B . ' ity Clerk • KIT WILLIAMS FAYETTEVILLE CITY ATTORNEY DAVID J. WHITAKER Assistant City Attorney Judy Hensley Office Manager Phone (479) 575-8313 FAX (479) 575-8315 April 19, 2005 Mr. Earl Webb 530 North College Avenue Fayetteville, AR 72701. RE: North College Avenue Water Line Replacement Dear Mr. Webb: THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain, Suite 302 Fayetteville, AR 72701-6083 Your file has been -provided to my office to begin condemnation procedures to obtain easements necessary to replace the old and unreliable water line located in the middle of North College with a new line along the right of way on both sides. This improvement is primarily designed to help your business and other businesses along North College receive more consistent water service. Our understanding was that you had agreed to sign the necessary easement documents, but we have yet to receive them. The City sent you a duplicate packet of documents on March 25, 2005, and hopefully has fully complied with the requests you made in your February 10, 2005 letter. The last thing I want to do is to file a condemnation suit in Circuit Court. Please sign the easement documents and return them to us immediately or let me know what questions you might have that could be delaying resolution of this easement acquisition. We are certainly trying our best to improve your water service with as little disruption to adjoining land owners as possible. Thank you for your consideration. With' - Q IIT Fayei KW/jh cc: David Jurgens, Water & Wastewater Superintendent • i FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE MEMORANDUM TO: Kit Williams, City Attorney FROM: Jill Goddard, Land Agent FD DATE: April 18, 2005 SUBJECT: North College Water Line Replacement Possible Condemnations Attached please find packets (including a brief case history on each) for two properties on the North College Water Line Replacement project that we have not been able to get signed documentation from. Before preparing paperwork for City Council to seek possession through the court, would you like to contact them to see if your influence can obtain the necessary signatures? This project is currently proposed to start June, 2005, and continue through the summer. It would replace the existing waterline which is in the middle of College Avenue with smaller waterlines either side of College. This is a benefit to the property owners in that the existing line is old and prone to breakage. Out of a total of 30 easements, these two are the only ones left to sign. Although the estimated start date is within a couple of months, other segments can be constructed while waiting for orders of possession on these two. Let me know if you need additional information or if I need to prepare the Council packet. Thanks. 0 • CASE HISTORY North College Waterline Replacement Feasibility Studies, Inc. Line 24, Tract 6 11/30/04 Offer packet mailed (including offer letter, water/sewer easement document, vendor form, and drawing of property). 2/8/05 Notice/reminder letter mailed. 2/10/05 Letter from Earl Webb asking that the easements be staked. Called Robert White, McClelland, to arrange that. 2/22/05 Side letter mailed noting that easements had been marked. 3/24/05 Notification mailed (certified). Letter received on 3/25/05. 3/25/05 Call from Mr. Webb's office asking for a duplicate packet. New packet mailed this date. 4/18/05 Was under the impression that they were preparing to sign documents—as of this date, nothing received. CONTACT: Feasibility Studies, Inc. Attn: Earl Webb 530 N. College Fayetteville, AR 72701 521-9080 FAYETTEVIfLE THE CITY OF FAYETTEVILLE, March 23, 2005 Feasibility Studies, Inc. Attn: Earl F. Webb 530 N. College Fayetteville, AR 72702 RE: Project No. 02030 North College Water Line Replacement Line 24, Tract 6 530 N. College Notification Dear Mr. Webb On November 30, 2004, an easement packet was mailed to you outlining proposed easements as to your property at 530 N. College Avenue. On February 8, 2005, the City of Fayetteville sent a reminder letter in regards to this project. On February 10, 2005, we received a letter from you requesting that the easements be staked. The easements were staked by McClelland Engineering and you were notified of this by letter on February 22, 2005. Time is now of the essence, with construction slated to begin in June, 2005. As of yet, we have not received your signed documentation. If we have not received a signed easement and vendor form by April 4, 2005, your file will be turned over to the City Attorney's office and procedures will be started to obtain possession through the courts. However, please keep in mind that condemnation proceedings can be stopped at any time if an agreement is reached before the court date. If there are other questions or should additional information be needed, please contact Jill Goddard at (479) 444-3407, Holly Jones at (479) 444-3414, or Sid Norbash, Construction Engineer, at (479) 575-8205. Maintenance Superintendent DJflsg 113 WEST MOUNTAIN 72701 479-521-7700 FAX 479-5758257 FAYETTEVI?LE THE CITY OF FAYETTEVILLE, ARKANSAS February 7272005 Feasibility Studies, Inc. Attn: Earl F. Webb 530 N. College Avenue Fayetteville, AR 72701 RE: Project No. 02030 North College Water Line Replacement Line 24, Tract 6 530 N. College Side Lefter Dear Mr. Webb: The purpose of this letter is to acknowledge receipt of you letter dated February 10, 2005. • The permanent and temporary easements across your property at 530 N. College Avenue have been marked by McClelland Engineering. This letter will. become a part of any contract made between the City of Fayetteville and the contractor who bids this project. If you have any questions or need additional information, please feel free to contact Jill Goddard at (579) 444-3407, Holly Jones at (479) 444-3414, or Sid Norbash, Construction Engineer (for engineering concerns), at (479) 575-8205. Maintenance Superintendent DJfjsg 113 WEST MOUNTAIN 72701 479521-7700 FAX 4795755257 WEBB&ASSOCIATES INSURANCE & FINANCIAL CONSULTANTS Tel: (479) 521-2912 Tel: (800) 366-9322 530 North College Ave. Fayetteville, AR 72701 Fax: (479) 521-6918 Earl F Webb Jason F. Webb President Financial Consultant February 10, 2005 The City of Fayetteville, Arkansas Attention: David Jurgens 113 West Mountain Fayetteville, AR 72701 Re: Project No. 02030 North College Water Line Replacement Dear Mr. Jurgens, I received your letter dated February 7, 2005. I have not responded to the previous offer because I need somebody to mark on my property exactly what the city is wanting to take, and how much of the right of way they want to lease for this process. From reading your letter of description, you want to take all of my parking lot and half of my building. This is not something we would want to do. However, if someone would mark on the site what right of ways they are wanting to take, we could start from there. Please Advise. Sincerely, i;arI F. Webb President / Owner djm Life • Health • Group Benefits • Securities E -Mail: earl@webbandassoc.com • Jason@webbandassoc.com Registered Representative of and Securities Offered Through QA3 Financial Corp., Member NASD/SIPC FAYETTEVIfLE H. THE CITY OF FAYETTEVILLE, ARKANSAS February 7, 2005 Feasibility Studies, Inc. Attn: Earl F. Webb 530 N. College Avenue Fayetteville, AR 72701 RE: Project No. 02030 North College Water Line Replacement Line 24, Tract 6 530 N. College Follow-up and Notification Dear Mr. Webb: The City of Fayetteville is desirous of moving forward with the water line replacement project along North College Avenue (from Maple Street north to Baxter Lane). The primary obstacle to the final approval of the project, enabling bidding of the work, is the finalization of easement acquisition. On November 30, 2004, a packet of information was mailed to you regarding the acquisition of a permanent easement and a temporary construction easement along your property, adjacent to College Avenue. The City of Fayetteville has not heard from you regarding the proposed easements for this project. A duplicate packet of the information previously mailed can be sent if it is needed. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements. In the absence of further negotiations and receipt of signed documents, a deadline for closure of these acquisitions has been established. If we have not heard from you nor received a signed document and vendor form by March 1, 2005, procedures will be started to.obtain possession through the courts.. If you have any questions or need additional information, please feel free to contact me at (579) 444- 3407, Holly Jones at (479) 444-3414, or Sid Norbash, Construction Engineer (for engineering concerns), at (479) 575-8205. Sincerely, aintenance Superintendent 113 WEST MOUNTAIN 72701 479-521-7700 FAX 479-575-8257 FAYETTEVItLE THE CITY OF FAYETTEVILLE, ARKANSAS November 22, 2004 Feasibility Studies, Inc. Attn: Earl F. Webb 530 N. College Avenue Fayetteville, AR 72701 RE: Project No. 02030 North College Water Line Replacement 530 N. College Offer Letter Dear Mr. Webb: The City of Fayetteville is planning the replacement of some water lines along North College Avenue • from Baxter Lane south to Maple Street. A ten -foot -wide permanent easement and .a twenty -foot -wide temporary construction easement are necessary for this project. The temporary construction and grading easement shall terminate when the project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas. The City of Fayetteville hereby offers $4,076.00 for the rights associated with the permanent easement (550 square feet) and $814.00 for the rental of the property within the temporary construction and grading easement (1,100 square feet), for a total offer amount of $4,890.00. The permanent easement amount is based on a fee simple value of $7.41 per square foot as determined within the certified appraisal report as prepared by Parrish Appraisals, Inc., dated November 8, 2004. The temporary easement (rental) amount is figured at 10% of the fee simple value ($7.41 x 10% = $0.741/sq. ft.). Included is a general map of the subject area; as well as a drawing of your specific property depicting the anticipated areas required for the proposed easements. The temporary construction easement area will • exclude any permanent structure(s) which may be located or under construction within said temporary construction easement area duringthe construction of this project. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of • the documents if you will advise our office accordingly. Upon receipt of the document, a check will be requested and you will be paid the amount indicated in this offer letter. A copy of the Water/Sewer Easement is included for your records. We can provide a copy of the recorded easement upon your request and at the appropriate time. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A Vendor Form is provided for this purpose. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Jill Goddard at (479) 444-3407, Holly Jones at (479) 444-3414, or Sid Norbash, Construction Engineer, can be reached at (479) 575-8205. Z y - Mayor. DClsg Enclosures 113 WEST MOUNTAIN 72701 479521.7700 FAX 479-575-8257 North College Water Main Replacement Parcel No. 765-04595-000 Line 24 — Tract 6 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Feasibility Studies, Inc., hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT. SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement and a temporary construction and grading easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: (Deed Book 1197 at Page 003, first description) A part of the Southwest Quarter of the Southwest Quarter of Section 10 in Township 16 North, Range 30 West of the Fifth Principal Meridian and more particularly described as follows: Beginning at a point which is 417 feet North and 30 feet East of the Southwest comer of said forty acre tract and running, thence East 140 feet; thence North 55 feet; thence West 140 feet; thence South 55 feet to the place of beginning, situated in Washington County, Arkansas. PERMANENT EASEMENT DESCRIPTION: The West 10 feet of the North 55 feet of Lot 2 in Davidson's Addition to the City of Fayetteville, Washington County, Arkansas. This permanent easement contains 550 square feet (0.01 acre), more or less. The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, NAD 83, the system which the City of Fayetteville presently uses. This bearing system may vary from the bearing system previously used in describing the subject project. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A twenty (20) foot temporary construction and grading easement of equal and uniform width is located along the East side of the above described Permanent Water/Sewer Easement This temporary construction easement is shown in detail on Exhibit'Aand contains 1,100 square feet (0.03 acre), more or less. The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, NAD 83, the system which the City of Fayetteville presently uses. This bearing system may vary from the bearing system previously used in describing the subject project. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas. It is expressly understood that the above temporary construction and grading easement shall exclude any permanent structure(s) which may be located or under construction within said temporary construction easement area during the construction of this project. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement other than fences and said fences shall not exceed six (6) feet in height. WATERISEWER EASEMENT Feasibility Studies, Inc Page 2 of 2 The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of By. ATTEST: 2004. FEASIBILITY STUDIES, INC. [Please print or type Name and Title] [Please print or type Name and Title] [SEAL] ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duty commissioned and acting Notary Public within and for said County and State, personally appeared and . to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the and , respectively, of Feasibility Studies, Inc., and are duty 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 day of .2004. MY COMMISSION EXPIRES: Notary Public I • PUE 24.6 — 550 SQ. FT. (0.01 AC.) TCE 24.6A — 1,100 SQ. FT (0.03 AC.) NORTHWE xI 0 LOT2 v t0'—PUE 0 Va( m N a !SOUTH S CORNER t LOT 2 UTILITY EASEMENT PLAT TRACT MAP NO. 6 EXHIBIT "A" Basis of Bearings: Based on the City of Fayetteville CPS Coordinate System SCALE, 1' = 50' Maplewood Addition L__Lot 1, Block "A" __ —R/lY— — — — — — — — — — S — Comers of Permanent Utility Easement 765-04595-000 Tax Parcel Number DAVIDSON AVE. 4O' R/W LEGEND Permanent Utility Easement Temporary Construction Easement ----------- Existing Utility Easement Line Existing Property Line UE — Utility Easement TCE — Temporary Construction Easement City Ol Property Owner . FEASIBILITY STUDIES, INC. Project Name : )e Drawn by: McClelland Consulting Engineers North College Water Main Fayette ayule No. Revisions Date Date: July 2004 Scale: 1 = 5Q' Water Cr Sewer Deportment Project No. FY032142 LINE 24 — Tract No. 6 FAME 1 TEV1 `LE • R _EASE RE -?URN T4: CITY OF FAYETTEVILLE 113 W. MOUNTAIN FAYETTEVILLE, AR 72701 (479)444-3407 THE CITY OF FAYETTEVILLE, ARKANSAS FAX: (479) 575-8202 VENDOR FORM Vendor# (For Office Use Only) According to the Federal Income Tax Law, the City is required to obtain the information listed below from all individuals and companies with whom we do business. Failure to comply may subject you and/or your company to certain penalties, as well as withholding tax. Please complete the following: Sole Proprietorship X Corporation Partnership Tax-exempt organization under Section 501(a) Foreign Government Individual Other (please explain) Tax Identification Number. Federal employer identification number Social Security number (for individual or sole proprietors) I certify that the above information is true and correct. Feasibility Studies, Inc. Name of Individual or Business 530 N. College Avenue Address City, State, Zip Code Signature Date Title Please mail or FAX this completed form to the City of Fayetteville at the above address or FAX number. 113WESTMOUNTAIN 72701 479-521-7700 FAX 479-5755257 i eal Estate Parcel Information • • Page 1 of 2 Record 1 of I Last Updated 07/12104 Parcel Number: 765-04595-000 Prev. Parcel Number: 138333-000-00 Type: Cl Location: 530 N COLLEGE AVE Owner Name: FEASIBILITY STUDIES, INC. Mailing Address: 530 N COLLEGE FAYETTEVILLE AR 72701 Lot: Block: S -T -R: 10-16-30 Addition: DAVIDSON'S FIRST School District: FAYETTEVILLE SCH, FAY Tax District: 011 City: FAYETTEVILLE Legal: PTLOT2-50/ 410/ 05Sy140 Current Year A79 Credit Status: N Last Appraised: 2004 Appraised Value Taxable Value Land 39,400 7,202 Improvement 111,100 22,088 Total 150,500 29,290 Tax History Taxable Ad Imp' Timber Voluntary A79 A79 Net Total Total Tax Payment Year Value Valorem Dist. Tax Tax Credit Status Tax Paid Status Tax Tax 2003 26,627 $1,410.17 $0.00 $0.00 $0.00 N $1,410.17 $0.00 2002 24,795 $1,288.35 $0.00 $0.00 $0.00 N $1,288.35 $1,288.35 PAID 2001 20,152 $1,047.10 $0.00 $0.00 $0.00 $1,047.10 $1,047.10 PAID 2000 18,320 $961.80 $0.00 $0.00 $0.00 $961.80 $961.80 PAID 1999 18,320 $937.98 S0.00 $0.00 $0.00 $937.98 $937.98 PAID 1998 18,320 $939.82 $0.00 $0.00 $0.00 $939.82 $939.82 PAID 1997 18,320 $939.82 $0.00 $0.00 $0.00 $939.82 $939.82 PAID 1996 18,320 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAID 1995 18,320 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAID Available Tax Payment Receipt(s) Year Receipt # 2002 108917 2001 47332 2000 15429 1999 12005 Payment Ad Valorem Imp. Dist. Timber Date Tax Tax Tax 10/10/2003 $1,288.35 $0.00 $0.00 7/9/2002 $1,047.10 $0.00 $0.00 10/19/2001 $961.80 $0.00 $0.00 10/11/2000 $937.98 $0.00 $0.00 Voluntary Penalty Tax Tax $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Payment $1,288.35 $1,047.10 $961.80 $937.98 Deed History Deed Sale Revenue Date Book Page Granteet Grantee2 Type Amount Amount 10/9/1986 1197 003 FEASIBILITY STUDIES, yyD 108,000 118.80 INC. SEE #04611 & 04597. 1/1/1985 778 69 WEBB, EARL F. & VVD 0 0.00 MURLENE G. Structure Business Name Age or Year Heated Number Constructed Area 1 WEBB & ASSOC. FEASIBILITY 1975 2682 STUDIES http://www.co.washington.ar.us/PropertySearch/RParcelInfo.asp?BS=N&HN=1 &LU=071... 7/13/2004 I ,certify under penalty of false s.vearing that at least the legally <orrGJ antwcl of documentary stamps ) have been p:a:.2 ua this instrument. / 11 Address 530 "77 C&tC. I ' UcJ� WARRANTY DEED WITH RELINQUISHMENT OF DOWER KNOW ALL MEN BY THESE PRESENTS: wnac we, Earl F. Webb and Murlene G. Webb, husband and wife, hereinafter called Grantors, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid by Feasibility Studies, Inc., the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the said Feasibility Studies, Inc., an Arkansas corporation, and unto its successors and assigns forever, the following lands lying in Washington County, Arkansas, to -wit: A part of the Southwest Quarter of the Southwest Quarter of Section 10 in Township 16 North, Range 30 West of the Fifth Principal Meridian 5, p'0,. and more particularly described as follows: Beginning at a point which is 417 feet North and 30 feet East of the Southwest corner of said y, oa forty acre tract and running, thence East 140 feet; thence North 55 G feet; thence West 140 feet; thence South 55 feet to the place of beginning, situated in Washington County, Arkansas. ALSO: A part of the Southwest Quarter of the Southwest Quarter of Section 10 in Township 16 North, Range 30 West of the Fifth Principal Meridian �p and being more particularly described as beginning at a point which &p,l is 472 feet North and 170 feet East of the Southwest corner of said bt}h.\ 40 acre tract; thence South 110 feet; thence East 60 feet; thence North 110 feet; thence West 60 feet to'the place of beginning, being the East 60 feet of Lot 2 in Davidson's First Addition to the City of Fayetteville, Arkansas. • ALSO: • Part of the Southwest Quarter of the Southwest Quarter of Section 10 • in Township 16 North of Range 30 West of the Fifth Principal Meridian more particularly described as follows, to -wit: Beginning at a point which is 230 feet East and 372 feet North of the Southwest corner of said forty acre tract, and running, thence East 61 few: thence North 100 feet to the South line of Davidson Streets; c,theRbti West 60 feet; thence South 100 feet to the place of begffrth95 ag being a part of Lbt 9 of Davidson's Addition to the City?ot Fiyettfevfle, Arkansas. S. -i 1-+ ' O- _ • Subject to restrictive covenants and easements of trepord ,ifr cog err Oly. Subject to mortgage in favor of the First Natioi432B'ink did Fayetteville, Arkansas, dated June 3, 1983, recorded June 6, 1963n Book 1083 at Page 791, Recorder's Office, given to secure the or;gin49 principal sum of $135,000.00 and having a current balance due�nd owing of $ 108,000.00 , which grantee herein assume and agree to pay in accordance with the terms and conditions contained therein.' To have and to hold the same unto the said Grantee and unto its successors and assigns forever, with all appurtenances thereunto belonging. And we hereby covenant with Grantee that we will forever warrant and defend the title to the said lands against all claims whatever. . And we, Earl F. Webb, husband and Murlene G. Webb, wife, for, and in con- sodieration of the sum of money, do hereby release and relinquish -unto the said Grantee -all our right of curtesy, dower and homestead in and to the said lands. Witness our hands and seals as such grantors y of Oc er, 1986. EARL F. WEBB •� /� L�h.__0By�Qi— J 0_OT _t— �/ MURLENE G. WEBS IIacR1101 PAGE003 Prepared by Stanley, Harrington n & Watson, P.A. P.O. BOX 687, 113 E. EMMA SPRINGDALE, ARKANSAS 79765 2 - Warranty Deed - Earl F. and Murlene G. Webb to Feasibility Studies, Inc. ACKNOWLEDGMENT STATE OF ARKANSAS 1 ) as. COUNTY OF WASHINGTON) BE IT REMEMBERED, That on this day came before the undersigned, a Notary Public within and for the County aforesaid, duly commissioned and acting, Earl F. Webb and Murlene G. Webb, husband and wife, to me well known as the grantors in the foregoing deed, and stated that they had executed the same for the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public this of , 39B6 October 'daY —�_. NOTARY PUBLIil�� l4mul}•!Ss1' n Expires: p 4 f a k i _.. i:1ry. • .... i•'r q(1�7 Lam.. U8ER119 / pAGEQ04 l MAY 02 2005 2:43PM JANET P. GRLLMRN ATTORNEY 4794447829 p.1 • • JANET P. GALLMAN ATTORNEYATLAW W BUTTERFIELD PLAZA, SUITE 107C 2863 OLD MISSOURI ROAD P.O. BOX 4248 FAYETTEVILLE, ARKANSAS 72702-4248 FAX (479) 4447829 TELEPHONE e-mail: janetpgallman@cox.net (479) 444-7777 May 2, 2005 David J. Whitaker, Esq. Assistant City Attorney VIA FAX TRANSMISSION TO: 575-8315 City of Fayetteville 1 Page Total in Fax 113 W. Mountain, Suite 302 Fayetteville, Arkansas 72701 Re: North College Avenue Water Line Replacement Dear David: Thank you for speaking with me this afternoon regarding the proposed sewer/water easement and temporary easement across the real property of Feasibility Studies, Inc. (Earl F. & Murlene Webb) at 530 N. College Avenue. As I explained to you, Mr. Webb had been trying for some time to get an appraisal of the proposed easement so that the Webbs could make an informed decision as to the amount of compensation offer by the City of Fayettevil le. I made contact with Mark Risk this morning who advised he had not been hired by the City of Fayetteville to conduct its appraisal of this section, Line 24, of the project, and asked him to prepare an appraisal as soon as possible. In the meanwhile, I understand the matter will be placed on the Agenda for the City Council to decide whether to give the "go ahead" for the City to file a condemnation suit. My clients do not want to delay the project, but simply cannot accept the offer without an independent evaluation of the value. If the City needs to proceed with the project, you may need to file your legal action and get an Order for the taking. Thanks for your time and assistance in this matter. r /jpg cc: Mr. Earl F. & Mrs. Murlene Webb via fa r to: 521.6918 Clarice Pearman Res94-05 From: Clarice Pearman To: Whitaker, David Subject: Res94-05 David, Attached is a copy of the resolution passed by City Council, May 3, 2005 regarding the condemnation. Thanks. Clarice CC: Deaton, Vicki