HomeMy WebLinkAbout149-06 RESOLUTION•
RESOLUTION NO. 149-06
(Corrected)
A RESOLUTION TO APPROVE A TRADE AND PURCHASE
OF LAND, A BUDGET ADJUSTMENT OF $95,500.00 AND THE
BANKING OF APPROXIMATELY ONE AND ONE-HALF ACRES
FOR FUTURE PARKLAND DEDICATION REQUIREMENTS
WHEREAS, the City of Fayetteville owns a swath of property totaling approximately
1.2 acres along the north side of Joyce Boulevard in Johnson, Arkansas that was acquired for the
Joyce Boulevard extension, but is excess now and not needed for corporate purposes; and
WHEREAS, Tracy Hoskins owns a 7.39 acre parcel along Scull Creek that would be
useful to the city for the connection of the Scull Creek Trail and for park purposes; and
WHEREAS, Tracy Hoskins owns parcels of land on the north side of the excess City of
Fayetteville property along Joyce Boulevard and desires to trade portions of his property along
Scull Creek for this excess City property adjoining his property and then sell or bank the
remainder of the 7 39 acres as parkland.
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 agrees to
trade the approximately 1.2 acres of excess City Property along the north side of Joyce
Boulevard adjoining Tracy Hoskins' parcels (shown on Exhibit A) at a three to one trade for
approximately 3.6 acres out of the 7.39 acre parcel owned by Mr. Tracy Hoskins along Scull
Creek (shown on exhibit B).
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby agrees to
purchase 2 25 acres of the 7.39 acre parcel owned by Mr. Hoskins for $90,000.00, plus survey
and closing costs for a total of about $95,500.00, and agrees to the Budget Adjustment in the
amount of $95,500.00 attached as Exhibit C.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby accepts the
banking of the remaining acres of the 7.39 acre parcel as parkland for Tracy Hoskins' subsequent
residential development obligation within this park quadrant pursuant to U.D.C. §166.03
(K)(1)(i)•
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby agrees to
allow Tracy Hoskins access to the City sewer system at Mr. Hoskins' expense for the parcels of
land owned by Tracy Hoskins north of Joyce Boulevard and a single access across the median in
Joyce Boulevard at a location approved by the City Engineer, on the condition of Mr. Tracy
Hoskins' agreement through his offered Bill of Assurance (attached as Exhibit D) to develop his
land pursuant to all development regulations of the Unified Development Code to be approved
by the Fayetteville Zoning and Development Administrator and/or City Engineer.
PASSED and APPROVED this 5th day of September, 2006.
A l FEST:
`.r`tRKJTR'4e ,
•U• •A
;FAYElTEVILLE;
c%TJ; 1 ANSp`; J• /
,� ..,,�TON
By: I•_,
SONDRA SMITH, City Clerk
By
APPROV
DAN COODY, Mayor
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2006
Department: General Government
Division: Miscellaneous
Program: Miscellaneous
Date Requested
9/5/2006
Adjustment Number
Project or Item Added/Increased:
$95,500 is requested in the Land acquisition account in
the Scull Creek Trail Corridor project.
Projector Item Deleted/Reduced:
None. This adjustment is to recognize $95,500 in the
Greenspace Fees NW revenue account.
Justification of this Increase:
Funding will be used for the purchase of land to become
park land and trail corridor for Scull Creek Trail.
Justification of this Decrease:
This is an administrative budget adjustment.
The NW green space escrow account currently has a
balance of $619,621.44.
Account Name
Increase Expense Budget (Decrease Revenue Budget)
Account Number Amount
Land acquisition
Account Name
1010 6600
Project Number
5805 00 95,500 05039
Decrease Expense Budget (Increase Revenue Budget)
Account Number Amount
Greenspace Fees NW
1010 0001
Project Number
4419 00 95,500 05039 1
Req nested By
Approval Signatures
.sa 7/18/2006
udget Ma ager—��
•
Department D ector
Date
/o-5 -664
Date
Date
10- 5 -OW
Date
/6J&'6
Da
Budget Office Use Only
Type: A B C v E
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Initial Date
Initial Date
Initial Date
RESOLUTION NO. 149-06
A RESOLUTION TO APPROVE A TRADE AND PURCHASE
OF LAND, A BUDGET ADJUSTMENT OF $95,500.00 AND
THE BANKING OF APPROXIMATELY ONE AND ONE-HALF
ACRES FOR FUTURE PARKLAND DEDICATION
REQUIREMENTS
WHEREAS, the City of Fayetteville owns a swath of property totaling approximately
1.2 acres along the north side of Joyce Boulevard in Johnson, Arkansas that was acquired for the
Joyce Boulevard extension, but is excess now and not needed for corporate purposes; and
WHEREAS, Tracy Hoskins owns a 7.39 acre parcel along Scull Creek that would be
useful to the city for the connection of the Scull Creek Trail and for park purposes; and
WHEREAS, Tracy Hoskins owns parcels of land on the north side of the excess City of
Fayetteville property along Joyce Boulevard and desires to trade portions of his property along
Scull Creek for this excess City property adjoining his property and then sell or bank the
remainder of the 7.39 acres as parkland.
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 agrees to
trade the approximately 1.2 acres of excess City Property along the north side of Joyce
Boulevard adjoining Tracy Hoskins' parcels (shown on Exhibit A) at a three to one trade for
approximately 3.6 acres out of the 7 39 acre parcel owned by Mr. Tracy Hoskins along Scull
Creek (shown on exhibit B).
kfrti
�/Ipx�� nSe n 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees to
V a purchas 2.5 acre of the 7.39 acre parcel owned by Mr. Hoskins for $90,000.00, plus survey and
closing costs or a total of about $95,500.00, and agrees to the Budget Adjustment in the amount
of $95,500.00 attached as Exhibit C.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby accepts the
banking of the remaining acres of the 7.39 acre parcel as parkland for Tracy Hoskins' subsequent
residential development obligation within this park quadrant pursuant to U.D.C. § 166.03
(K)(1)(i).
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby agrees to
allow Tracy Hoskins access to the City sewer system at Mr. Hoskins' expense for the parcels of
land owned by Tracy Hoskins north of Joyce Boulevard and a single access across the median in
Joyce Boulevard at a location approved by the City Engineer, on the condition of Mr. Tracy
Hoskins' agreement through his offered Bill of Assurance (attached as Exhibit D) to develop his
land pursuant to all development regulations of the Unified Development Code to be approved
by the Fayetteville Zoning and Development Administrator and/or City Engineer.
PASSED and APPROVED this 5t' day of September, 2006.
APPROVED:
By:
DAN COODY, Mayor
4.
ATTEST:
By:
SONDRA SMITH, City Clerk
•
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ARKANSA
OPERATIONS DIRECTOR
To: City Council
From: Gary Dumas
Date: August 22, 2006
Re: Hoskins/Joyce Land Trade
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Recommendation
Approval of a trade for a 7.39 acre parcel to become park land and trail corridor for Scull
Creek Trail owned by Tracy Hoskins for 1.23 acres less the reserve for a future street
widening, purchase of 2.25 acres for $90,000, parkland bank of 1 51 acres, access
through the median in Joyce Avenue, access to Fayetteville Public Sewer, and closing
costs.
BACKGROUND
A similar item was considered by the City Council on August 1st, 2006, and approved
with amendments. Mr. Hoskins did not concur with the amendments and asked that
further discussions occur. The staff and Administration concurred that this was an issue
in which further negotiation could prove successful.
Mr. Hoskins owns 7.39 acres adjacent to Scull Creek north of Shiloh, immediately north
of the section of Scull Creek Trail recently paved on the Washington Regional Medical
Center property.
The City of Fayetteville owns five parcels of land north of Joyce Blvd. and east of Gregg
Ave., which were acquired for the construction of Joyce Blvd. The city has no use for
this property as it consist of mostly steep slope, is narrow and unbuildable. Additionally,
when the right-of-way for the Joyce extension was acquired, additional land was
necessary along the south side of the new Joyce Street. The width of this land along the
south side of Joyce varies from 17 feet to 75 feet (please refer to the attached Map #1).
Scull Creek Trail is identified on the Fayetteville Alternative Transportation and Trails
Master Plan and is currently the highest priority trail for the City of Fayetteville. A 0.6
mile section is under construction from the South side of Fulbright Expressway under
Appleby Street and south to Gordon Long Park. In the future, this 12' wide multi -use
trail will continue south along Scull Creek to the Walton Arts Center parking lot where it
will connect to the recently completed section of Frisco Trail.
To the north, Scull Creek Trail is planned to pass under Fulbright Expressway through an
existing box culvert and continue north along Scull Creek (on the 7.39 acres owned by
Mr. Hoskins) and then though the land of others connecting to the existing Mud Creek
Trail at Steel Boulevard.
113 West Mountain
Fayetteville, Arkansas 72701
Office phone - 479-575-8330
Fax - 479-575-8257
E-mail - gdumas@ci.fayetteville.ar.us
•
In order to make this connection, access must be obtained from Mr. Hoskins. If some
mutually acceptable agreement cannot be reached,.the costs of acquisition through other
means to obtain the land necessary for the trail corridor only, may exceed the costs being
discussed in this memo to obtain the entire 7.39 acres.
Staff initially contracted Mr. Hoskins concerning an easement across his property and an
offer to purchase a part or all of the 7.39 acres. Mr. Hoskins countered with an offer to
trade his 7.39 acres for 1.23 acres the City of Fayetteville owns plus other consideration.
In an effort to acquire this important corridor, staff proposed a combination land trade
and banking of park land. Mr. Hoskins countered with a land trade, park land bank and
purchase of 2.5 acres.
This item was considered by the City Council who amended the staff recommendation.
Subsequently Mr. Hoskins rejected the amended offer but requested that negotiations on
the issue continue
After a series of discussions this proposal is acceptable to Mr. Hoskins.
The only value for the property along the north line of Joyce is to the adjoining property
to the north. Mr. Hoskins is purchasing the adjacent property to the north and would like
to trade his 7 39 acres for the narrow 1.21 acre strip (excluding area for future turn land)
owned by the City plus other consideration.
Mr. Hoskins is requesting
1. A trade of 3.63 acres,
2. Purchase of 2.25 acres for $90,000,
3. A parkland bank of 1 51 acres,
4. The City allow access through the median in Joyce Blvd. at Mr. Hoskins expense,
5. The City allow the developer access to Fayetteville Public Sewer so that Mr.
Hoskins can extend public sewer to his property.
Regarding item number 4, the access through the median in Joyce Blvd. The Engineering
Division requests only that appropriate sight lines be maintained over crest of the small
hill. The sight line issue does not appear to be a problem, but will have to be addressed
by Mr. Hoskins when the opening is made.
Regarding item number 5, access to Fayetteville Public Sewer. This issue was not
included in the previous discussion by City Council. The reason being, that Fayetteville
Sewer and Water service is currently provided to property within the Johnson City Limits
immediately south of this property across Joyce Blvd. and water service is provided
adjacent to the north and northwest (See Warranty Deed attached regarding easements
obtained for water and sewer extensions). Records indicate that a water line currently
exists within the property currently under Mr. Hoskins' control (See Attached Utility
Map). Development within Fayetteville, adjacent to the east has Fayetteville Public
Sewer and Water. While City Council approval is required for sewer service and such
approval is subject to conditions unique to each property, this tract has Fayetteville Public
Utilities adjacent on more than three quarters of its perimeter. Approval of the right to
gain access to the adjacent sewer was not initially viewed as being an issue. Denial of the
right to connect to Fayetteville utilities would not seem appropriate. Also, from the
attached Utility Map, notice that Clear Creek is just to the north of the property under Mr.
113 West Mountain
Fayetteville, Arkansas 72701
Office phone- 479-575-8330
Fax -479-575-8257
E-mail - gdumas(a ci.t'ayetteville.ar.us
Hoskins' control. The Springdale utility serves the area north of Clear Creek. Denial of
the right to connect to the Fayetteville Utilities, given the adjacency of those utilities
could be problematic.
DISCUSSION
Access through Mr. Hoskins' property for Scull Creek Trail is essential to completing the
connection from existing Mud Creek Trail south to the first section of Scull Creek Trail
currently under construction. The 1 21 acres of land along Joyce Boulevard was left over
from the process of acquiring land for extending Joyce Blvd. to Gregg St. and has no use
for the City of Fayetteville or its citizens. The trade of this unneeded land along Joyce
Blvd. will provide a much needed trail corridor and adjacent green space for recreation
and alternative transportation.
This proposal is consistent with the ideas from the City Plan 2025 of providing enduring
green networks within the City of Fayetteville. In addition to insuring land for Scull
Creek Trail, this proposal will also provide needed park land for the residents of this
rapidly developing area Currently there are no parks within 1/2 mile of this property.
Additionally this land will provide space for trail parking and trail head amenities
including informational kiosks, picnic tables, and benches.
With this proposal the City of Fayetteville has the opportunity to acquire 7.39 acres of
potential park land in a rapidly developing area for $95,500 or $12,923 an acre.
Acreage from City owned Parcels along Joyce Blvd less the retainage necessary for a
future widening of Joyce Blvd. at a 3 to 1 trade 1.21 * Acres X 3
3.63* Acres
Purchase of 2.25 acres 2.25 Acres
Parkland Bank of 1.51 acres 1.51 Acres
7.39 Acres Total
*Final acreages will be based on the results of a boundary survey
BUDGET IMPACT
Cash — $90,000
- Survey $4,000
- Closing Cost and cost of transfer of property $1,500
Total = $95,500
113 West Mountain
Fayetteville, Arkansas 72701
Office phone - 479-575-8330
Fax - 479-575-8257
E-mail - gdumas@eilayetteville.ar.us
RESOLUTION NO.
A RESOLUTION TO APPROVE A (RADE AND PURCHASE
OF LAND, A BUDGET ADJUSTMENT OF $95,500.00 AND THE
BANKING OF APPROXIMATELY ONE AND ONE-HALF ACRES
FOR FUTURE PARKLAND DEDICATION REQUIREMENTS
WHEREAS, the City of Fayetteville owns a swath of property totaling approximately
1.2 acres along the north side of Joyce Boulevard in Johnson, Arkansas that was acquired for the
Joyce Boulevard extension, but is excess now and not needed for corporate purposes; and
WHEREAS, Tracy Hoskins owns a 7.39 acre parcel along Scull Creek that would be
useful to the city for the connection of the Scull Creek Trail and for park purposes; and
WHEREAS, Tracy Hoskins owns parcels of land on the north side of the excess City of
Fayetteville property along Joyce Boulevard and desires to trade portions of his property along
Scull Creek for this excess City property adjoining his property and then sell or bank the
remainder of the 7 39 acres as parkland.
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 agrees to
trade the approximately 1.2 acres of excess City Property along the north side of Joyce
Boulevard adjoining Tracy Hoskins' parcels (shown on Exhibit A) at a three to one trade for
approximately 3.6 acres out of the 7 39 acre parcel owned by Mr. Tracy Hoskins along Scull
Creek (shown on exhibit B).
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees to
purchase 2.5 acres of the 7.39 acre parcel owned by Mr. Hoskins for $90,000.00, plus survey and
closing costs for a total of about $95,500.00, and agrees to the Budget Adjustment in the amount
of $95,500.00 attached as Exhibit C.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby accepts the
banking of the remaining acres of the 7.39 acre parcel as parkland for Tracy Hoskins' subsequent
residential development obligation within this park quadrant pursuant to U.D.C. §166.03
(K)(1)(i).
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby agrees to
allow Tracy Hoskins access to the City sewer system at Mr. Hoskins' expense for the parcels of
land owned by Tracy Hoskins north of Joyce Boulevard and a single access across the median in
Joyce Boulevard at a location approved by the City Engineer, on the condition of Mr. Tracy
Hoskins' agreement through his offered Bill of Assurance (attached as Exhibit D) to develop his
land pursuant to all development regulations of the Unified Development Code to be approved
by the Fayetteville Zoning and Development Administrator and/or City Engineer.
PASSED and APPROVED this 5th day of September, 2006.
•
ATTEST:
By:
SONDRA SMITH, City Clerk
APPROVED:
By:
DAN COODY, Mayor
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2006
Department: General Government
Division: Miscellaneous
Program: Miscellaneous
Date Requested
9/5/2006
Adjustment Number
Project or Item Added/Increased:
$95,500 is requested in the Land acquisition account in
the Scull Creek Trail Corridor project.
Project or Item Deleted/Reduced:
None. This adjustment is to recognize $95,500 in the
Greenspace Fees NW revenue account.
Justification of this Increase:
Funding will be used for the purchase of land to become
park land and trail corridor for Scull Creek Trail.
Justification of this Decrease:
This is an administrative budget adjustment.
An unencumbered balance of $214,541 currently remains
in NW green space escrow.
•
Increase Expense Budget Decrease Revenue Budget)
Account Name - Account Number Amount Project Number
Land acquisition
Account Name
1010 6600 5805 00 95,500 05039
Decrease Expense Budget (Increase Revenue Budget)
Account Number Amount Project Number
Greenspace Fees NW
1010 0001 4419 00 95,500 05039
Approval Signatures
7/18/2006
Re{tbesjed By / Date
Budget Manager
Date
Department Director Date
Finance & Internal Services Director
Date
Mayor Date
• Budget Office Use Only
Type: A B C D
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Initial Date
Initial Date
Initial Date
TRAIL WILL PASS THROUGH THE
EXISTING 10 X 10 BOX CULVERT
Sheet 2 of 2
Scull Creek Trail
Hoskins Agreement
'100 200
Tracy K. Hoskins
3155 N. College, Suite 201
Fayetteville, AR 72703
September 1, 2006
Gary Dumas — City of Fayetteville
Re: Development — adjacent to and north of Joyce Blvd, City of Johnson, Washington County Arkansas
Dear Gary:
After having spoken with Kit Williams today, I was made aware there may potentially be some concerns
in regard to development that may occur on the Johnson property adjacent to the Fayetteville City
Iimits.
I am complete agreement with regard to keeping this area attractive and free from offensive businesses
that may wish to locate on such a highly visible tract of land. Though no plans are written in stone at
this time, it is my intention to develop this site as a mixed use environment, which is about the only type
of development Paradigm focuses on now. I anticipate it being much like my approved Park West
project on highway 112, though I see this project leaning more toward residential than commercial.
Though located in Johnson, it is our intention to develop this project to the standards that Paradigm and
the City of Fayetteville insists on; and we feel those standards traditionally meet or exceed those
currently outlined in the U.D.C. of either municipality; especially when it comes to architectural design
and presentation, or "curb appeal", of the project.
As we are always concerned with how our projects are received by the public; in effort to maintain the
highest economic value and viability of the development; and in consideration of our personal
convictions, you will find an attached Bill of Assurance listing particular "use units" taken directly from
the U.D.C. of the City of Fayetteville. I wish to offer this Bill of Assurance to the City of Fayetteville
which represents particular uses that will specifically be prohibited.
Please forward this letter to whomever you feel is necessary.
Sincerely,
'Tracy X. 7(osk ns-pmaenf
CQNI AS1rs
3155 N, College Aye, Suite 201. Fay ett eviIle , Arkansas 72703
(479)5217007 office (479) 236- 36 cell
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
I, Tracy K. Hoskins (hereinafter 'Petitioners"), do hereby voluntarily offer this Bill of Assurance and
enter into this binding agreement and contract with the City of Fayetteville, Arkansas
The Petitioners expressly grant to the City of Fayetteville the right to enforce any and all
of the terms of this Bill of Assurance in the Chancery/Circuit Court of Washington County
and agrees that if Petitioners violate any term of this Bill of Assurance, substantial irreparable
damage justifying injunctive relief has been done to the citizens and City of Fayetteville,
Arkansas. The Petitioners acknowledge that the Fayetteville City Council will reasonably rely
upon all of the terms and conditions within this Bill of Assurance in considering whether to
approve Petitioners' land trade agreement with the City of Fayetteville; specifically including,
but not limited to, the proposed Joyce Blvd curb cut and/or curb removal, and the provision of
sewer service by the City of Fayetteville to Petitioners' property located within what is currently
known as Hendrix Heights Subdivision, Johnson Arkansas
Petitioners hereby voluntarily offer assurances that Petitioners and Petitioners' property
shall be restricted as follows IF Petitioners' land trade agreement with the City of Fayetteville;
specifically including, but not limited to, the proposed Joyce Blvd curb cut and/or curb removal,
and the provision of public sewer service by the City of Fayetteville to Petitioners' property
located within what is currently known as Hendrix Heights Subdivision, Johnson Arkansas is
approved by the Fayetteville City Council.
1. The use(s) of Petitioners' property described in Exhibit "A" attached hereto shall include the
Use Units described in the City of Fayetteville Unified Development Code. However, the
following Use Units are specifically prohibited;
• Unit6—
• Unit 7 —
• Unit 11
• Unit 22
• Unit 21
• Unit 23
• Unit27
• Unit 28
• Unit 30
• Unit 31
• Unit 32
• Unit 33
• Unit 37
• Unit 38
• Unit 39
Agriculture
Animal husbandry
— Manufactured home park
— Manufacturing
- Warehousing
— Heavy industrial
— Wholesale bulk petroleum storage facilities with underground storage tanks
— Center for collecting recyclable materials
— Extractions
— Facilities emitting odors and facilities handling explosives
— Sexually oriented business
— Live Adult Entertainment
— Manufactured Homes
— Mini Storage
— Auto Salvage and Junkyards
2. Petitioners agree to abide by City of Fayetteville development regulations as described in
the City of Fayetteville Unified Development Code, These development standards shall
• include but are not limited to;
• Commercial Design Standards
• Landscape Regulations
• Grading and Drainage Regulations
tl
11
2. (continued)
• Building Set Backs
• Screening
3. Petitioners specifically agree that all such restrictions and terms shall run with the land and
bind all future owners unless and until specifically released by Resolution of the Fayetteville
City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit
Clerk's Office.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I,
Tracy K. Hoskins, as the owner, developer or buyer (Petitioners) voluntarily offer all such assurances
and sign my name below.
Printed Name;
Tracy K. Hoskins
Address;
3155 N. College Ave, Suite 201
Fayetteville, Arkansas 72703
NOTARY OATH
STATE OF ARKANSAS
COUNTY OF WASHINGTON }
Date;
August 31, 2006
And now on this the k day of LL 1` , k j , 2006, appeared before me, Tracy
Hoskins and after being placed upon his/her oath swop- or :ffrmed that he agreed with the terms of the
abpve Bill of Assurance and si'ped his name above,
NOTARY PUBLIC
My Commission Expires
Official Seal .
WINFIELD. S. BRONSON, JR.
Notary Public -Arkansas
WASHINGTON COUNTY
My Commtsakt Expires:06618-2012
`V' -1
EXHIBIT "A"
Property Description
,•tL'At.
L,
•
That property located in the City of Johnson Arkansas, along the north side of Joyce Blvd and east of
Wilkerson Street; west of and adjacent to the city limits of Fayetteville Arkansas.
•
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(Page 1 of 4)
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9:dp4i8 Nu ,eSletsua4a
STATE OF ARKANSAS
COUNTY OF WASHINGTON
FILED FOR RECORD
'96Mrm12 P11213
WATER/SEWER EASEMENT
,ASHINDTDN CO AR
R. HARNESS
BE IT KNOWN BY THESE PRESENTS:
)
THAT the undersigned, being owners of undivided interest M the following property, hereinafter collectively
referred to as GRANTORS. for and M consideration of the sum of One Dollar (51.00) and other good and valuable
tansl6at5!Ish, the main! of which I3 hereby atlinewledged, do heieby GRANT, SELL AND CONVEY onto the Clty
of Fayetteville. Arkansas, a municipal corporation, hereinafter called GRANTEE, Its successors and assigns, the
right of way and easement to construct. lay. remove. relay, enlarge and operate a water end/or newer pipe line or
lines. and appurtenances thereto, an. over, across. and under the following described real estate. to -wit:
PROPERTY DESCRIPTION: '
A strip of land located In the Southeast Quarter (SEA) of Section Twentyawo (22), Township
Seventeen (17) North, Range Thirty (30) West, Washington County. Arkansas, oho commonly known
as the Park/Playground and Recreation Area adjecem to Hendrix Heights Subdivision In the City of
Johnsen, &harass, the plat arson! aubglslalon being filed In Stook 6 at Page 646 In 018 office of the
Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. said land being note
particularly described as follows. to -wit: Commencing at the Southwest comer of Lot 1 of said
Hendrix Heights Subdivision and turning North 05 30' West 39.00 feet to the Northwest corner of
said Lot 1 as the Point of Beginning; (hence North 79 15' East 164.93 feet, thence North 19 30'
East 201.42 feet; thence North 07' 27' West 200.00 lee!'. thence North 45 30' East 200.00 feet:
thence South 81' 15' East 276.90 feet: thence South 37' 46' East 249.501eel; thence North 83.
51' East 150.20 feet; thence North 09 04' West 199.00 feet: thence North 6a 01' West 200.68
feet; thence North 83' 13' West 249.31 feet; thence North 87 42' West 150.03 tee1; thence South
56' 21' West 200.20 feet: thence South 34' 53' West 92.44 feet; thence South 12a 01' West 142.00
feet: thence South 0l 14' West 197.24 feet; (hence South 54' 47' West 63.00 feel; thence South
67 11' West 67.64 Neff thane° North Se 09' West 42.35 lase thence South 23. S9' East 19355
feet to the Point of Beginning and containing 4.28 acres. more or less.
PERMANENT EASEMENT DESCRIPTION:
A thirty (30) loot wide permanent easement, located In the above described propeny, and more
panlcularly described as follows, to -wit: Commencing at the Southwest comer of Lot 1 of Hendrix
Heights Subdivision and running thence North 05 30' 00' West 39.00 feet to the Northwest corner
al said Lot 1; thence North 79'15' 00' East 164.93 feet; thence North 19 30' 00' East 183.00 feet;
thence North 88 29' 18' West 111.74 feet to the Point al Beghvng; thence North Of 14' 00' West
!2e,>7 Nat; Nonce North i2 01. Oft East 130,04 Iect; Ih9nte North 34' 5Y O0" E89 80.69 feet:
thence North 56" 21' 00' East 184.78 feet; theme South 87'.42' 00' East 139.12 lett; thence South
83 13' 00' East 96.03 feet; (hence South 00' 00' 00' East 84.96 lee: thence South 63' 13' 00'
East 30.35 feet; thence North 00 00. 00' East 86.01 feel; thence South BY 13' 00' East 11655
feet thence South 69 01' 00' East 180.07 feet; thence South 09 04' 00 East 152.16 feet: thence
South 99 51. 00' West 137.10 feet; thence South 37w 46' Dr East 35.23 feet; theme North 85 51'
00. East 150.201eet; thence North 09' 04. 00' West 199.00 feet; thence North 69 00' 00' West
200.68 Ieet; thence North 8913' 00' West 249.31 feet thence North 67' 42' 00' West 150.031NU:
thence South 55 21' 00' West 200.20 feet; thence South 31 63.00' West 92.44 feet:'thence South
12' 01' 00' West 142.00 eel: thence South 07' 14' 00' East 127.24 feet. thence South B9 29' 18'
East 30.35 feet to the Point of Beginning and containing 1.05 acres, more or leas.
TO HAVE AND TO HOLD colo said Grantee. Ila successors and assigns, so long as such pipe line or Innes.
manholes and/or appurtenances thereto shall be maintained. with Ingress to and egress from the real estate first
hereinabove described for the purpose of constructing. Inspecting, maintaining and repairing said lines, manholes
and appurtenances of Grantee above described, and for the purposes or the remuvel, renewal and enlargement of
such at will, in whole or in pan.
The said Grantors are to fully use and enjoy the Geld promises except for the purposes herelnbelore granted
to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a suflldent depth so as not to interfere
with cultivation al soil, end that manholes will be constructed (lush with the surface of the ground except In bottom
lands where they shell be at a height above high water. end to pay determined
damages which may ods, to growiing trope
0'f need Tram ue construction. maaxw.ance a operation ana by three
__pointed the saki Grantors: on:
(Page 2 el 4)
WATER/SEWER EASEMENT
Permission is hereby wanted to the Grantee, by the undersigned Grantors, their successors and assigns, for
Grantees employees and agents to enter Grantor's specifically owned properly(les) for the sole purpose of butallhg
anew, single service (yard) fine from the established Mw water line meter to the residence, i1, and only if a residence
currently exists on the property. Said new, single service (yard) lino shall be Installed by the Grantee only to existing
residences with an existing piped water service Zine it the iltmB Wills Signing of this dOCument. This specific synth
(yard) line will be Installed at no cost to said Grantor(s). It is expressly understood that following completion of the
Installation of said new service line, said service (yard) line shall become the property of the IndMdual said Grantor
or said Grantors successors and assigns and all future repair. maintenance and replacement of such tine, or pans
thereof, shall be the responsibility of said Grantor or Grantor's auccessara and assigns.
The consideration first above recited es being paid to Grantors by Grantee Is In lull satisfaction of every right
hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respectNe
heirs, legal representatNes, successor and assigns of the panes hereto.
It I9 hsrshy Ynderstood and agreed that the party securing this grant in beball of the Grantee Is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof this the 17th day of February 1998
Ra
PLEASE SEE SUBSEQUENT DOCUMENTS FOR REMAINING SIGNATURES,
Lot 2-A
Ken H. Colvin
Lots 2-8, 2C and 3
Leonard Guy Hendrix
Margie B. Hendrix Lot 1
MfarynA aencDom
Lot 2-A
ass.d
G orla Kay Colvi Lots 2-6, 2-C and 3
1
ub
Lot 7 Mary Eliza tkthtlt Hendrix Lpt 7
Geor A. H ndrix, Jr.// /, Lot 9 Martha E. Hendrix Lot 9
fin n Hendrix N'7„od1L
Von,
Lot 10 Bobble H. Hendrix
Lot 10
STATE OF ARKANSAS
ACKNOWLEDGMENT
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before me, a Notary Public within and for said County and State.
duly commissioned and acting, personalty appeared Raymond Olsen Hendrix, a/k/a Dlven Hendrix end Margle
B. Hendrix, a/k/a Margie Brella Hendrix. a/k/a Margie Brellla Hendrix. husband and wife. to me well known
as the persons who executed the foregoing document, and stated that they had executed the same la the
consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of
1996.
MY COMMISSION EXPIRES: Notary Public
96014620
•
(Page 3 of s)
WATER/SEWER EASEMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
)
)
)
ACKNOWLEDGMENT
BE R REMEMBERED, that on this date, before me, a Notary Public within and for said County and State,
duly commissioned and acting, personallyAppeared Jeff ray D. Dgwdan and Mary BBRIsa Bowden. husband and
wile, to me well known as the persons who executed the foregoing document, and stated that they had executed
the same for the consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal on this 37th day of
MY COMMISSION EXPIRES:
KITTY G. DYE
nuTAnY P�le.lc
WAEN@1GTON Mar,, AANANEAE
MY COMMISSION O(PIRES RAY 1e, 1r.
February
1996..
quo Pblic. 2
1
'44,10 N
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
BE R REMEMBERED. that on this date, before me, a Notary Public within and for said County and State,
duly commissioned and acting, personally appeared Ken H. Colvin, a/k/a Kenneth H. Colvin, and Gloria Kay
Colvin, husband and wit e. to me well known as the persons who executed the foregoing document, and stated that
they had executed the same for the consideration and purposes therein mentioned and set forth. .
WITNESS my hand and seal cri this 16th day of February^ 1996.
MY GQMMISSIDN EXPIRES.
KITTY (: DYE
NOTARY PUBLIC
WASNPIGTON COMM.ARKANSAS
MY COMMISSION EXPIRES MAY la 2003
STATE OF ARKANSAS
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before me, a Notary Public within and for said County and State,
duly commissioned and acting, personally appeared Leonard Guy Hendrix and Mary Elizabeth Hendrix, husband
and wile. to me well known as the persons who executed the foregoing document, and stated that they had
executed the same for the consideration and purposes therein mentioned and set forth.
- WITNESS.my hand and peal yin Ws 13S. day 01
Ile
`s
ACKNOWLEDGMENT
uJ lone