HomeMy WebLinkAbout15-09 RESOLUTIONRESOLUTION NO. 15-09
A RESOLUTION APPROVING A SETTLEMENT WITH ROBERT D.
NELMS AND MILLIE S. NELMS FOR ACQUISITION OF STREET
RIGHT-OF-WAY AND PERMANENT UTILITY AND TEMPORARY
CONSTRUCTION EASEMENTS IN ASSOCIATION WITH THE MOUNT
COMFORT ROAD IMPROVEMENTS PROJECT.
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 a settlement with Robert D. Nelms and Millie S. Nelms for acquisition of
street right-of-way and permanent utility and temporary construction easements in
association with the Mount Comfort Road Improvements Project. A copy of the Letter
Agreement, marked Exhibit "A," is attached hereto and made a part hereof.
PASSED and APPROVED this 20th day of January, 2009.
APPROVED:
By
ATTEST.
By: ag"_01/43
:V. •:U;
F.;FAYETTEVILLE• Li
cc;i7LjeliffANS:tcp\51.
C_, ,, G O$JJJJ ,,,,_,�`,
SONDRA E. SMITH, City Clerk/Treasurer
Ittv!llee„
RECEIVED
DEC 2 6 2006
PLANNING DIV.
City of Fayetteville
Engineering Division
113 West Mountain
Fayetteville, AR 72701
ph: 479-575-8206
fax: 479-575-8202
December 23, 2008
Mr. Don Nelms
2933 S College Drive
Fayetteville, AR 72701
Re: Mount Comfort Road Improvements
Proposed Right of Way Acquisition Agreement
Dear Mr. Nelms:
As you know, the City will be constructing improvements that will require acquisition of right of way
and easements on your property located at the Mount Comfort Road and Deane Solomon Road
intersection. These improvements include widening of Mount Comfort Road and Deane Solomon Road
and construction of a new location for Shiloh Drive across your property.
The areas of right of way and easements required for this construction have been identified as follows:
Street Right of way: 70,544 SF (Total)
of which 8,234 SF is Prescriptive (Apparent) Right -of -Way
Utility Easement: 12,948 SF
Temporary Construction Easement: 35,974 SF
The City's offer to you (contingent upon City Council Approval) for the right of way and easement
areas indicated above is as follows:
1) Cash compensation in the amount of $350,000 for net right of way and easements.
2) Conveyance of the City owned property on Mount Comfort Road (Parcel Nos. 765-13614-000
and 765-13579-000), less right of way needed for the Mount Comfort Road Project, and subject
to all easements of record. The net conveyance of City -owned property is 27,735 SF, more or
less.
3) Construct fencing as required to secure your property, included the property to be conveyed to
you from the City.
4) Install a sewer stub out at Mount Comfort Road, and construct two 8" sewer crossings with
manholes on the new location of Shiloh Drive.
5) No additional street improvements will be required on Deane Solomon Rd if and when your
property fronting Deane Solomon is developed. Construction of a sidewalk along the east side of
Deane Solomon Road, and along the south side of the new Shiloh Drive location may be required
in the future as development occurs.
6) The two rows of trees on the property will be allowed to be removed without penalty, and
mitigation of their removal will not be required.
We certainly appreciate all of your efforts in developing this settlement. If this proposal is acceptable to
you, please indicate such by signing below, and we will present the proposed offer to the City Council
for review.
Thanks again for your help with this project.
Sincerely,
Ron Petrie, P E
City Engineer
City of Fayetteville
I find the offer that has been itemized in this letter to be acceptable and understand that this offer will be
contingent the City of Fa etteville's City Council approval.
DON NELMS
Chris Brown
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
1/20/2009
City Council Meeting Date
Engineering
Division
Action Required:
RE S
r
AJt/in s II
ito/Yw,r
/s/* ' jraMan`f
Operations
Department
Approval of a resolution to accept a settlement with Robert D. and Millie S. Nelms for acquisition of Street Right of
Way and Utility and Temporary Construction Easements in association with the Mount Comfort Road Improvements
Project.
$
350,000.00
Cost of this request
4520.9520.5805.00
Account Number
06035.1600
Project Number
Budgeted Item
X
23,992,298.00
Category / Project Budget
$ 7,947,846.68
Funds Used to Date
$
16,0441451 32
Remaining Balance
Budget Adjustment Attached
Mount Comfort(Shiloh/Deane Solomon)
Program Category / Project Name
Street Improvements
Program / Project Category Name
2006A Sales Tax Construction
Fund Name
v -- (13/ °@
Department irector Date
City Attorney
tJA-4------Th '4aleo'i
4'0;3 c.L_
Finance a /Internal Sentra—obi ector
/
Date Date
/141 -/LL
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City Clerk's °True°
is -31 -or&
Received in Mayor s Office
Comments:
City Council Meeting of January 20, 2009
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer ei
Date: December 31, 2008
Subject: Approval of a resolution to accept a settlement with Robert D. and Millie
S. Nelms for acquisition of Street Right of Way and Utility and Temporary
Construction Easements in association with the Mount Comfort Road
Improvements Project.
RECOMMENDATION:
Staff recommends approval of settlement with Robert D. and Millie S. Nelms for
acquisition of Street Right of Way and Utility and Temporary Construction Easements in
association with the Mount Comfort Road Improvements Project.
BACKGROUND:
Mount Comfort Road Improvements are a part of the Transportation Improvement Bond
Program. The project includes major intersection improvements at the I540/Shiloh Drive
Intersection, relocation of Shiloh Drive to the west, signalization of 4 intersections along
Mount Comfort, and widening of Mount Comfort to 4 lanes from I-540 to Rupple Road.
Project design is complete and bids have been received for Phase I of the project.
DISCUSSION:
Don and Millie Nelms own property at the northeast corner of Deane Solomon and
Mount Comfort Roads This property will be essentially split in half by the right of way
for the new location of Shiloh Drive that is planned as part of the Mount Comfort Road
Improvement Project. Right of way is also needed along Mount Comfort Road and
Deane Solomon Road, and utility and temporary construction easements are needed in
various locations along the proposed right of way. Total areas of right of way and
easements are as follows:
Street Right of way: 70,544 SF (Total); Less 8,234 SF Prescriptive= 62,310 SF Net R/W
Utility Easement. 12,948 SF
Temporary Construction Easement: 35,974
City staff has negotiated a tentative agreement (subject to City Council approval) with
Mr. Nelms, as detailed in the attached letter. The proposed agreement includes:
1
City Council Meeting of January 20, 2009
• Conveyance of the City owned property on Mount Comfort Road to the Nelms'.
This property is located south of the Nelms' property, as indicated in the attached
drawings. This property was acquired in 2003 for use as right of way for Mount
Comfort Road and a possible realignment of Shiloh Drive across the property.
Since then, the design has been modified, and not all of the property is needed for
right of way Therefore, Mr. Nelms has proposed to accept the remainder of the
City property as partial payment for the right of way to be acquired across the
Nelms' property. The City property proposed to be conveyed to the Nelms' is
0.636 acres (27,735 SF) in size. The City will retain easements across the
property as necessary for current and future needs.
Chapter 34 of the City Code sets forth requirements for sale of City property. It is
the finding of the City staff that these requirements are not applicable due to the
circumstances of the land swap on adjoining properties.
• As part of the settlement agreement, Mr. Nelms has requested that no additional
offsite improvements be assessed in the future for the remaining 425' of Deane
Solomon Road adjacent to the property. (Construction of a sidewalk along the
east side of Deane Solomon Road, and along the south side of the new Shiloh
Drive location may be required in the future as development occurs).
• Mr. Nelms has also requested that the fence row trees as shown on the attached
exhibit be allowed to be removed in the future without penalty and without any
required mitigation.
BUDGET IMPACT:
All expenditures related to this agreement will be paid out of the Transportation Bond
Program. Payment of $350,000 will be made to Mr. and Mrs. Nelms. Construction items
(fencing and sewer installation) will be paid for as part of the construction contract to be
considered by the Council on January 6, 2009.
2
RESOLUTION NO.
•
A RESOLUTION APPROVING A SETTLEMENT WITH ROBERT D.
NELMS AND MILLIE S. NELMS FOR ACQUISITION OF STREET
RIGHT-OF-WAY AND PERMANENT UTILITY AND TEMPORARY
CONSTRUCTION EASEMENTS IN ASSOCIATION WITH THE MOUNT
COMFORT ROAD IMPROVEMENTS PROJECT
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 a settlement with Robert D. Nelms and Millie S. Nelms for acquisition of
street right-of-way and permanent utility and temporary construction easements in
association with the Mount Comfort Road Improvements Project. A copy of the Letter
Agreement, marked Exhibit "A," is attached hereto and made a part hereof.
PASSED and APPROVED this 20th day of January, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDON, Mayor SONDRA E. SMITH, City Clerk/Treasurer
MT. COMFORT ROAD IMPROVEMENTS
NELMS ACQUISITION EXHIBIT
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
LEGAL DEPARTMENT
TO: Lioneld Jordan, Mayor
City Council
Don Marr, Chief of Staff
Ron Petrie, City Engineer
Jeremy Pate, Director of Current Planning
FROM: Kit Williams, City Attorney (11
DATE: January 20, 2009
RE• Nelms Letter Agreement
I have been informed by Jeremy Pate who is officially empowered to
interpret the Tree Ordinance that we can agree to Mr. Nelms request "that the
fence row trees as shown on the attached exhibit be allowed to be removed in the
future without penalty and without required mitigation," if the City agrees to pay
for or plant any tree mitigation that would normally be required by the Tree
Ordinance As the official interpreter of the Tree Ordinance, Mr. Pate's
interpretation is final on the issue.
Therefore, with the understanding that the City of Fayetteville may (or may
not) have to pay for or plant sufficient mitigation trees pursuant to the Tree
Ordinance when Mr. Nelms decides to develop his property and remove these
fence row trees, I yield to Mr. Pate's decision that no other express power is
needed in the Unified Development Code to approve the proposed agreement.
Obviously, I do not propose any change in the Tree Ordinance to address
this sort of situation.
Clarice Pearman - Res. 15-09
From:
To:
Date:
Subject:
CC:
Attachments:
Clarice Pearman
Brown, Chris
1.23.09 3:45 PM
Res. 15-09
Audit
Audit
Page 1 of 1
Chris:
Attached is a copy of the above resolution passed by City Council regarding Nelms settlement letter agreement. Please let me
know if there is anything else needed for this item. Have a good weekend.
Clarice
file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\4979E616FA... 1.23.09
(Page 1 of 2)
Mount Comfort Road Right of Way
Project No. 08035-06606
Pt Parcel No. 76513579-000 8 765.13614-000
WARRANTY DEED
(Corporation)
BE IT KNOWN BY THESE PRESENTS:
THAT the City of Fayetteville, Arkansas, a munklpal corporation,
hereinafter called GRANTOR for and in consideration of thebsum of One
Dollar ($1.00) and other good and valuable considefation4receipt of
which is hereby acknowledged, does hereby grant, bargaintseuiand convey
unto the Robert D. Nelms and Millie S. Neimei-husbandand, wife,
hereinafter called GRANTEE, and unto Grantee's successors and aligns,
the following described land situated in the/County of Washington, State of
Arkansas, to -wit: \ \ i f
Part of the Northeast Quarter (NE%).of the Southeast Quarter (SE%) of Section Six (6), Township Sixteen (16) North,
Range Thirty (30) West, and be ng more particularly described as follows to -wit Beginning at the Northeast comer
of the said 40 acre tract, and running thence South 00°12'44"East 130.64 feet; thence South 79°04'00" West7.77 feet
to a point on the East right of way line Of Mt: Comfort Road; thence along said East right of way line 201.64 feet along
a curve to the left having a radius of 314 5,feet a delta angle of 36°4847" and a leading tangent bearing of North
29°50'26" West; thence East 155.15 feet tb the point of beginning, containing 0.20 acre, more or less.
AND
Part of the Northwest Quarter (NW%) of the Southwest Quarter (SW'/.) of Section Five (5), Township Sixteen (16)
North, Range Thirty (30) West, and being moreparticularly described as follows, to -wit: Beginning at the Northwest
comer of the said 40 acre tract; thence North 89°23'00" East along the North line thereof a distance of 297.2 feet to a
point on the Westerly right of way tine of U.S. Highway 71 (now U.S. Highway 540); thence South 50°54'00" West
along said right of way line a distance of 161.2 feet to a point thence South 78°38'00" West along said right of way
line a distance of 173.8 feet to a point on the West line of the Northwest Quarter (NW%) of the Southwest Quarter
(SW %) of Section Five (5); thence North 001143'00" West along said West line a distance of 132.7 feet to the point of
beginning, containing 0.61 acre, more or less.
LESS AND EXCEPT:
A part of the Northeast Quarter (NE %) of the Southeast Quarter (SE %) of Section Six (8), and a part of the
Northwest Quarter (NE''/.) of the Southwest Quarter (SW'/4 of Section Five (5), all in Township Sixteen (16) North,
Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows: Commencing
at a 3 itch aluminum monument for the Notheast comer of the said Northeast Quarter (NE Y.) of the Southeast
Quarter (SE Y.) of Section Six (6); thence N87°18'35"W 73.28 feet to he POINT OF BEGINNING' thence 106.68 feet
along a non -tangent curve to the right, said curve has a 290.50 foot radius that bears S39°44'281W, a delta angle of
21°03'26°, and a chord which bears S39°44'19°E 106.08 feet; thence S29°13'06"E 56.17 feet; thence S82°10'25"W
38.39 feet thence 199.78nfeet along a non -tangent curve to the left, said curve has a 314.50 foot radius that bears
79.43 feet to thedelta
POINT OF BEGINNING, of condntai containing 6chord 77 squh arre feet or 0 1s acres, more 198.44 or less. S87' 18'35'E
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and
Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands
and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands
against all legal claims whatever.
And we, the respective Grantors, hereby release and relinquish unto the said Grantee our respective rights of
dower/curtesy and homestead in and to said lands. •
WITNESS the execution hereof on this a2 441 day of -9:d9 r u A r J 2009.
Yeo ►S -0'k
IIIIIIEIfIMtIn1IIIS1IIIVWlltllu1iU IIID
Doo ID: 0 2805450002 Type REL
K nd: WARRANTY DEED
R corded: 04 1 /2009 a 09:62 00 AN
Fee Ant: 620.00 Pea. 1 of 2
Weehlnaton C u tv. AR
Bette Ramos C rcult C erk
F1112009-00010869
ATTEST:^ B -
`L oneld J y1T , Mayor
35 71:414'
utnnn
V5rtfd
Sondrh, City Clerk AT tK� `�,• E;iY Q‘6%. °C�
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:FAYETTEVILLE:
9'9RKAH J?
OF FAYETTEVILLE, ARKANSAS
nicipal Coyoration
[SEAL)
Book Page , File Humber 2009-00010869
(Page 2 of 2)
Nelms WD
Paget oft
STATE OF ARKANSAS
r
ACKNOWLEDGMENT
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary
Public within and for sald County and State, personalty' appeared Lloneld Jordan and Sondra Smith, to me well
known as the persons who executed the forego rri�gg,d� cument, and who stated and acknowledged that they are the
Mayor and City Clerk, respectively, of the CitySofiFayetteville, Arkansas, a Municipal Corporation, and are duly
authorized in their respective capadtieato;execu ktthe foregoing instrument for and in the name and behalf of said
corporation, and further stated ana ecknowleilged thatjhey had so signed, executed and delivered said instrument for
the consideration, uses and purposes ther`ein'mentioned and set forth.
1, t �1
WITNESS my hand and seal on this= .21+141 day of '7.LJ0 rtA rk.ry , 2009.
MY COMMISSION EXPIRES:
Notary Pu IC
Book , Page , File Number 2009-00010869
0035 • pla»City of Fayetteville Staff Review Form
� ,5' j3Sri ..000 City Council Agenda Items
and
itas' 13(c 14 `0• Contracts, Leases or Agreements
Chris Brown
Submitted By
N/A - Mayor's Signature Only
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
Development Services
Department
Execute Correction WD to Don and Millie Nelms to correct a typographical error made in the Less and Except portion
of the legal description brought to our attention by the Nelms' Attorney. The following expense is recording fees to
Washington County Circuit Clerk.
20.00
Cost of this request
4520.9520.5805.00
Account Number
06035.1600
Project Number
Budgeted Item
X
19,262,726.00
Category / Project Budget
Transportation Bond Street Improvements
Program Category / Project Name
7,187,879.00 Transportation Bonds
Funds Used to Date Program / Project Category Name
12,074,847.00 2006A Sales Tax Construction
Remaining Balance Fund Name
Budget Adjustment Attached
Finance and Internal Services Director
Chief o
Sta
VAt4 v
Date
/24-/a
Date
12- to - 'do to
Date
/01-4)--/o
Date
Mayo
D e
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
15-09
12-)8-10p04:15 RCVD aur
Received in City
12-08-10 P.
Clerk's Office
Thank you for your time.
Revised January 15, 2009
ave vLle
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
www.accessfayetteville.org
MEMO
Approval (Mayor's Signature Only)
To: Mayor Jordan
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Chris Brown, City Engineer
Date: December 7, 2010
Subject: Mayor's Signature Only — Mount Comfort Road Widening
PROPOSAL
Execute Correction Warranty Deed to Correct a Scrivener's Error in the Less and Except of Warranty
Deed Filed for record April 13, 2009 as Document 2009-00010869 from the City of Fayetteville,
Arkansas to Don and Millie Nelms. This was brought to the attention of our Land Agent, Holly Jones,
by Mr. Nelms' attorney.
RECOMMENDATION
Staff recommends the signing of the Warranty Deed so that the Correction document can be filed for
their closing.
BUDGET IMPACT
This project is funded by the Transportation Bond Program. The $20.00 recording fees will be paid
from these funds.
Mount Comfort Road Right of Way
Project No. 06035-0606
Pt Parcel No. 765-13579-000 & 765-13614-000
CORRECTION WARRANTY
(Corporation)
(This deed is filed to correct Scrivener s Error in L&E of WD filed
as Doc No. 2009-0010869)
BE IT KNOWN BY THESE PRESENTS:
DEED
for record April 13, 2009
IIIII IIII III IIIII IIIII IIIII 11111 IIIII II.11I1I 1IIII 11III 1111 11 11 I11I
Doc D 0 3868050002 Type REL
K nd WARRANTY DEED
Recorded: 02/08/2011 at 12:45:57 PM
F e Amt: $20.00 Page 1 of 2
Washlnaton County. AR
Bette Stamps Circuit Cle k
F11e2011-00003603
THAT the City of Fayetteville, Arkansas, a municipal corporation,
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, bargain, sell and convey
unto the Robert D. Nelms and Millie S. Nelms, husband and wife,
hereinafter called GRANTEE, and unto Grantee's successors and assigns,
the following described land situated in the County of Washington, State of
Arkansas, to -wit:
Part of the Northeast Quarter (NE%) of the Southeast Quarter (SE%) of Section Six (6), Township Sixteen (16) North,
Range Thirty (30) West and being more particularly described as follows, to -wit: Beginning at the Northeast corner
of the said 40 acre tract, and running thence South 00°12'44"East 130.64 feet; thence South 79°04'00" West 7.77
feet to a point on the East right of way line of Mt. Comfort Road; thence along said East right of way line 201.64 feet
along a curve to the left having a radius of 314.5 feet, a delta angle of 36°48'47" and a leading tangent bearing of
North 29°50'26" West; thence East 155.15 feet to the point of beginning, containing 0.20 acre, more or less.
AND
Part of the Northwest Quarter (NW%) of the Southwest Quarter (SW%) of Section Five (5), Township Sixteen (16)
North, Range Thirty (30) West, and being more particularly described as follows, to -wit: Beginning at the Northwest
corner of the said 40 acre tract; thence North 89 23'00" East along the North line thereof a distance of 297.2 feet to a
point on the Westerly right of way line of U.S. Highway 71 (now U.S. Highway 540); thence South 50°54'00" West
along said right of way line a distance of 161.2 feet to a point; thence South 78°38'00" West along said right of way
line a distance of 173.8 feet toa point on the West line of the Northwest Quarter (NW%) of the Southwest Quarter
(SW%) of Section Five (5); thence North 00°43'00" West along said West line a distance of 132.7 feet to the point of
beginning, containing 0.61 acre, more or less.
LESS AND EXCEPT:
A part of the Northeast Quarter (NE %) of the Southeast Quarter (SE %.) of Section Six (6), and a part of the
Northwest Quarter (NW '4) of the Southwest Quarter (SW'/.) of Section Five (5), all in Township Sixteen (16) North,
Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows: Commencing
at a 3 inch aluminum monument for the Northeast corner of the said Northeast Quarter (NE'/.) of the Southeast
Quarter (SE %) of Section Six (6); thence N87°18'35"W 73.28 feet to the POINT OF BEGINNING; thence 106.68 feet
along a non -tangent curve to the right, said curve has a 290.50 foot radius that bears S39°44'28"W, a delta angle of
21°02'26", and a chord which bears S39°44'19"E 106.08 feet; thence S29°13'06"E 56.17 feet; thence S82°10'25"W
36.39 feet: thence 199.78 feet along a non -tangent curve to the left, said curve has a 314.50 foot radius that bears
S63°21'08"W, a delta angle of 36°23'45", and a chord which bears N44°50'45"W 196.44 feet; thence S87°18'35"E
79.43 feet to the POINT OF BEGINNING, containing 6,677 square feet or 0.15 acres, more or less.
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and
Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands
and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands
against all legal claims whatever.
And we, the respective Grantors, hereby release and relinquish unto the said Grantee our respective rights of
dower/curtesy and homestead in and to said lands.
WITNESS the execution hereof on this /adie
day of
ATTEST:
Sondra Smith, City Clerk
Ily 2010.
CITY OF FAYETTEVILLE, ARKANSAS
A Muni ;$ al Corp
`````�„H,a nry„�. CI.
c.%•.K�1•A , eld Jordan
J •• "`..” -
•
:FAYETTEVILLE:
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Nelms WD
Page 2 of 2
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 Lioneld Jordan 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. j�
WITNESS my hand and seal on this lilt- day of 7�I Y/
C 2010.
MY COMMISSION EXPIRES:
02+ 00111
ham, bra.rttx)
Notary Public
(Page 3 of 3)
Mount Comfort Road Widening
Project No. 06035-0606
Parcel No. 765.13555-000 8 765-13581-000
Tract No. 75
GENERAL UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE, Robert D. Nelms and Millie S. Nelms, husband and wife,
hereinafter called GRANTOR, for and in consideration of the Sum of One Dollar
($1.00) and other good and valuable consideration,4the receipt of which is hereby
acknowledged, do hereby GRANT, SELL and `CONVEY,' unto the City of
Fayetteville, Arkansas, hereinafter called/GRANTEE, and- unto Grantee's
successors and assigns, a permanent easement -and temporary'construction and
grading easement for the purpose of constriction, maintenance, repair and/or
replacement, enlargement and operations of'roadway, drainage, sidewalks, 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; appurtenanceither'eto, on over, across, and under
the following described land situated in the County of Washington, State of
Arkansas, to -wit ss 1
PROPERTY DESCRIPTION: (Deed Ref: 2002-39609)
A part of the NW'% of Section 5,.andd a part of the NE'/. of Section 6, all in T -16-N, R -30-W, Washington
County, Arkansas, and,being more particularly described as follows: Beginning at the WY. comer of Section 5,
thence N88°46'46"W 246.00 feet; thence 01°33'09"E 693.00 feet; thence N88°48'12"W 10.85 feet
N01°00'25"E 275.76 feet! thence S88°46'33"E 323.02 feet thence N01°33'09"E 217.80 feet; thence
S88°48'12"E,1021.17:feet thence S32°56'44"W 108.83 feet; thence South 31°12'08"W 300.16 feet thence
S35°53'23"W`200.42»feet thence S33°02'58"W 200.39 feet thence S33°48'17"W 347.99 feet thence
N88°26'51"W 293:34 -feet; thence S01 °41'09"W 209.11 feet; thence N86°18'51 "W 164.24 feet to the point of
beginning, containing 23.76 acres, more or less. Subject to a 20 foot utility easement along the south side.
EASEMENT DESCRIPTIONS:
A part of the Northeast Fractional Quarter (NE Frl. '/.) of Section Six (6), in Township Sixteen (16) North,
Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows:
Commencing at a 3 inch aluminum monument for the Southeast corner of the said Northeast Fractional
Quarter (NE Fri. %) of Section Six (6); thence N87°18'35°W 264.00 feet thence NO3°01'20°E 87.11 feet to the
POINT OF BEGINNING; thence NO3°01'20°E 245.40 feet; thence 248.20 feet along a non -tangent curve to
the right, said curve has a 325.00 foot radius that bears 571 °07'59"E, a delta angle of 43°45'23°, and a chord
which bears N40°44'43'E 242.21 feet thence S27°22'36"E 15.00 feet thence 322.75 feet along a non -tangent
curve to the left, said curve has a 310.00 foot radius that bears S27°22'36"E, a delta angle of 59°39'10', and a
chord which bears S32°47'49"W 308.37 feet; thence S02°58'14"W 136.37 feet; thence S37°01'02"E 44.02
feet; thence 200.81 feet along a non -tangent curve to the right, said curve has a 305.50 foot radius that bears
S05°39'39"W , a delta angle of 37°39'39", and a chord which bears S65°30'31'E 197.21 feet; thence
N87°18'35°W 23.91 feet; thence 179.30 abng a non -tangent curve to the left, said curve has a 290.50 foot
radius that bears S39°44'28 -W, a della angle of 35°21'48", and a chord which bears N67°56'26"W 176.47
feet; thence N37°01'02'W 37.15 feet to the POINT OF BEGINNING, containing 8,081 square feet or 0.19
acres, more or less.
Vrstoq
11111111111M111111111 1111
Doc ID: 012805440003 Type REL
Kind: EASEMENT
Recorded: 04/13/2009 at 09:51:40 AM
Fee Amt: 825.00 Peas 1 of 3
Washlnaton County. AR
Bette Stemos Circuit Clerk
F11e2009-00010868
ALSO:
A part of the Northeast Fractional Quarter (NE FrI. 1) of Section Six (6), in Township Sixteen (16) North,
Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows:
Commencing at a 3 inch aluminum monument for the Southeast comer of the said Northeast Fractional
Quarter (NE Fri. ''/.) of Section Six (6); thence N87°18'35"W 264.00 feet; thence NO3°01'20"E 693.00 feet;
thence N87°20'01"W 10.85 feet; thence NO2°28'36'E 145.26 feet thence S87°44'47"E 19.52 feet to the
POINT OF BEGINNING; thence 802°15'13"W 81.03 feet; thence 155.89 feet along a tangent curve to the left,
said curve has a radius of 315.00 feet, a delta angle of 28°21'21' and a chord which bears S11°55'28 -E
154.31 feet; thence 102.22 feet along a tangent curve to the left, said curve has a radius of 70.00 feet, a delta
angle of 83°39'57°, and a chord which bears S67°56'07"E 93.37 feet; thence N19°46'05"W 15.00 feet thence
80.31 feet along a non -tangent curve to the right, said curve has a 55.00 radius that bears N19°46'05"W, a
delta angle of 83°39'57", and a chord which bears N67°56'07"W 73.37 feet thence 148.47 feet along a
tangent curve to the right, said curve has a radius of 300.00 feet, a delta angle of 28°21'2V and a chord which
bears N11°55'28"t 146.96 feet thence NO2°15'13"E 81.03 feet; thence N87°44'47"W 15.00 feet to the
POINT OF BEGINNING, containing 4,867 square feet or 0.11 acres, more or less.
The bearings for these descriptions 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 property.
P.P. 3 2y
Book , Page , File Number 2009-00010868
(43 Pliar VI*
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(Page 2 of 3)
Nelms
General Utility Easement
Page 2 of
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
Temporary Construction Easement containing 35,974,square feet or 0.83 acres. more or less, as shown on
EXHIBIT "A'.
together with the rights, easements, and privileges ino`r'to said lands which may be required for the full enjoyment of the rights
herein granted.
This temporary construction and grading ement asconditioned above, shall terminate when the herein above
referenced project has been completed by,the.contracbor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that this temporary construction and grading easement shall exclude any permanent
structure presently located withM the,above'described temporary construction and grading easement area.
TO HAVE AND TO HOLD -mite, saidnGrantee, its successors and assigns, until the use of said permanent easement is
relinquished, abandoned or vacated and solong as'such 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 use&and purposes herein above set forth.
The said Grantor is10 f lu Iyuse`and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee, which hereby agrees to bury altnipes, lines and/or cables 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 water.
The Grantor agrees n to erect any buildings or structures in said permanent.
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 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.
WITNESS the execution hereof on this the a" day of , 2009.
Robert D. Nems II/11111e S. Nelms
STATE OF ARKANSAS
COUNTY OF WitSttilNGTent
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, Robert D. Nelms and Millie S. Nelms, husband and wife, to me well known as
the person/swho executed the foregoing document, and who 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 Y rtwa.A- 2009.
ACKNOWLEDGMENT
SS.
MY COMMISSION EXPIRES:
Book , Page , File Number 2009-00010868
(Page 3 of 3)
19.52'
2
2
W
1
1
1 C
PROPOSED
LEGEND
— TOP-BANK/TOE-SLOPE UNE
EXISTING PROPERTY LINE
KM
PROPOSED 20'
EXISTING RICHT OF WAY UNE
PROPOSED R -O -W UNE
EXISTING EASEMENT LINE
PROPOSED EASEMENT UNE
PROPOSED T.C.E. UNE
T.C.E.
PROPOSED 35'
T.C.E
PROPOSED 10'
T.C.E.
PROPOSED 20'
1'
10.85'
/o
04:74,\
\ /$ • rSlJJ'\; Sts Af _- '�..�•� - _ ••�] 1•
�GV. \((�� eraT .a.�q�'. r- rasp_ lea4l- 76. 0 'W
�3--' ev c'�ae .n_tsv, �aori.Zv--%',: iTairr + �`d• 9 6.70
Ys 11�i 1�C y y� R'.'� iwi.m.m>=:.cx 4r534'29'4?W
82.69'
C4
T.C.E.
carA sura" /
oarA v sneer
NES Fi1.1/4 INW F2- r/4-1mauf-uacw,..
"
5-16-30 30227.
5-16-30
50236'14'M PROP'
136.31 T.C.E.
fA�l •
µ_0y PROPOSE' U 1 k
S37T11'02"E
EASEMENT
37.15' • PROPOSED 10'
AarSl.AO
87.11 """1(+ w¢ Vvr
MOUNT COMFORT.. a Li921._, ;
ROAD._
NIA :r : 3s
l..,-
n 23:
-
1
i__NE1/4.1
SE 1/4
6-16-30
\� E COjtNER,':,,
SE 1/4 NE 1/4� .
NW 1/4' ISEC710N 6 !./,'i/ /
SW 1/4 T -16-N R -30-W
5-16-30 3" ALUM. MON.
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
C1
155.89'
315.00'
2821'21"
C2
102.22'
70.00'
8339'97
C3
163.78'
420.00'
2220'33'
C4
208.35'
328.50'
36'33'44"
C5
151.16'
368.50'
23'30'08"
C8
169.89'
325.00'
295704"
C7
248.20'
325.00'
43'45'23"
C8
179.30'
290.50'
3521'48'
C9
80.31'
55.00'
8339'57'
C10
148.47
300.00'
28.21'21'
Cli
200.81'
305.50'
3739'39'
C12
322.75'
310.00'
5939'10'
PARCEL NOS 765-13555-000
& 765-13581-000
ROBERT 0. & M/LL/E S NELMS
RECORD DEED: 2002 39609
BEARINGS BASED ON
OTT 110401114a1T5 a & 19
GRAPHIC SCALE
200 100 200
( Di PxSr )
1 inch - 200 ft
AREA CALCULATIONS
S0. Et
ACRES
PROPOSED RICHT OF WAY
70,544
1.62
APPARENT EXISTING RICHT OF WAY
8,234
0.19
PROPOSED UTIUTY EASEMENT
12,948
0.30
PROPOSED TEMP. CONST. EASE
35,974
0.83
l:\2006\0605 -120D FoyAR Mount Comfort Ro d\Drawings \SUR\ACOUISI ION\Dvg\rM2_VROW03_Ek.dwg
GARVERIENGINEERS
1088 EAST MWSAP ROAD FAYETIEv1LLE. ARKANSAS 7870.9
MCMC (4711 527910D FAX( (479) 6279101
wuw..gmw , .etovn
CITY OF FAYETTEVILLE
FAYETTE-MLLE. ARKANSAS
MOUNT COMFORT
ROAD IMPROVEMENTSYe die
RIGHT-OF-WAY
AND EASEMENT
EXHIBIT 'A'
M No 0805-1200
Ddc Fd 4 2008
Shat NS
3
Book , Page , File Number 2009-00010868