HomeMy WebLinkAbout211-09 RESOLUTIONRESOLUTION NO. 211-09
A RESOLUTION APPROVING OFFER AND ACCEPTANCE CONTRACTS
BETWEEN THE CITY OF FAYETTEVILLE AND THE STANDARD
REGISTER COMPANY AND COULSON PROPERTIES LIMITED
PARTNERSHIP FOR THE PURCHASE OF LAND NEEDED FOR THE
RUNWAY 16 SAFETY AREA IMPROVEMENT PROJECT; AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID
AGREEMENTS.
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
Offer and Acceptance contracts between the City of Fayetteville and the Standard Register
Company and Coulson Properties Limited Partnership for the purchase of land needed for the
Runway 16 Safety Area Improvement Project. Copies of the contracts are attached hereto
marked Exhibit "A" and "B" respectively, and made a part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the Mayor and City Clerk to execute said agreements.
PASSED and APPROVED this 6th day of October, 2009.
APPROVED:
By:
ATTEST:
-�� By:
0 ' ELD JO •j', Mayor
SONDRA E. SMITH, CityClerk/, A.ga.jer
G•G�1 Y °P...'P •
4kk�
: FAYETTEVILLE:
�'. iel:QkA NSP-" J�
,,,y, o
''".l'G T?(514 Coo`.
Ray M. Boudreaux
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
10/6/2009
City Council Meeting Date
Agenda Items Only
Aviation
Division
Action Required:
Transportation
Department
Approval and signature of the Mayor for Offer and Acceptance Contracts for land purchases in conjunction with the
Runway 16 Safety Area Improvement project; Tract #5 - Standard Register Property $151,200, and Tract #2 -
Coulson Properties, $40,200.
191,400.00
Cost of this request
5550.3960.7820.38
Account Number
07039 3
Project Number
Budgeted Item
ICE
3,814,188.00
Category / Project Budget
3,259,525.00
Correct Runway 16 RSA Phase 111
Program Category / Project Name
Airport Capital Exp
Funds Used to Date Program / Project Category Name
$ 554,663.00
Airport
Remaining Balance Fund Name
Budget Adjustment Attached
Departme lirector
CD.) 41 7
Date
City Attorney Date
Financend Internal Services Director
QIP
f..07/474)
Date
D,PZ:29
ate
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
119-09
Comments:
Revised January 15, 2009
City Council Meeting of: October 6, 2009
Agenda Item Number:
'•
.��'
4
eville
AVIATION DIVISION
ARKANSAS FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD
CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO
TO: Mayor Jordan
THRU: Chief of Staff
THRU: StafflContract Review Committee
THRU: Terry Gulley, Transportation Director
FROM: Ray M. Boudreaux, Aviation Dir
DATE: September 11, 2009
SUBJECT: Offer and Acceptance Contracts for Land purchases associated with the
RSA 16 Improvement Project at Fayetteville Executive Airport, Drake
Field
RECOMMENDATION: Approve Offer and Acceptance Contracts for land purchases associated
with the RSA 16 Improvement Project at Fayetteville Executive Airport, Drake Field. Signatures of
the Mayor and City Clerk.
BACKGROUND: Offer and Acceptance Contracts were sent to the landowners for consideration
last month. Standard Register and Coulson Properties have accepted the offer to purchase by the
City of Fayetteville. Attached are their respective contract for action by the City Council and the
Mayor and City Clerk.
DISCUSSION: The project is proceeding with work being done on the Ernest Lancaster ditch
crossing. The Kearney Power/Cooper Electric property purchase is pending and will be submitted at
a later date.
BUDGET IMPACT: This project is fully funded 95% FAA/AIP and 5% Arkansas Department of
Aeronautics.
Attachments: Staff Review
Coulson Properties Offer and Acceptance Contract ex), rr_S
Standard Register Offer and Acceptance Contract Co,p
4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 72701
479.718.7642 • 479.718.7646 FAX - www.accessfayetteville.org/govemmentlaviaton
airport_economic_development@ci.fayetteville.ar.us
RESOLUTION NO.
A RESOLUTION APPROVING OFFER AND ACCEPTANCE
CONTRACTS BETWEEN THE CITY OF FAYE ITLVILLE AND
THE STANDARD REGISTER COMPANY AND COULSON
PROPERTIES LIMITED PARTNERSHIP FOR THE PURCHASE OF
LAND NEEDED FOR THE RUNWAY 16 SAFETY AREA
IMPROVEMENT PROJECT; AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE SAID AGREEMENTS.
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 Offer and Acceptance contracts between the City of Fayetteville
and the Standard Register Company and Coulson Properties Limited Partnership
for the purchase of land needed for the Runway 16 Safety Area Improvement
Project. Copies of the contracts are attached hereto marked Exhibit "A" and "B"
respectively, and made a part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes the Mayor and City Clerk to execute said agreements.
PASSED and APPROVED this 6th day of October, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
OFFER AND ACCEPTANCE CONTRACT
1. The City of Fayetteville, Arkansas, a municipal corporation, offers to buy, subject to the terms and
conditions set forth herein, the following described property:
SEE ATTACHED EXHIBIT "A"
FOR PROPERTY DESCRIPTION
2. Purchase Price: Subject to the following conditions, the City of Fayetteville shall pay for the property at
closing, the total and cash payment of $40,200.00 (including $1,082 for a temporary construction
easement), in addition to relocating all signage on the property to be conveyed as directed by Coulson
Properties Limited Partnership ("Coulson Properties"). The City of Fayetteville shall also restore the curb
cuts on the remaining real estate owned by Coulson Properties at the City of Fayetteville's sole cost and
expense
3. Offer Contingent: This offer of purchase is contingent upon approval of the City Council of the City of
Fayetteville, Arkansas.
4. Conveyance will be made to the City of Fayetteville by Special Warranty Deed in the foem attached
hereto as exhibit B and shall be subject to all recorded instruments and easements. Such conveyance
shall exclude mineral rights owned by Coulson Properties .
5. The City of Fayetteville shall furnish a policy of title insurance in the amount of the purchase price from a
title insurance company as selected by the City of Fayetteville. The City of Fayetteville shall pay the cost
of the title insurance.
6. Coulson Properties agree(s) to allow the City of Fayetteville, if the City of Fayetteville so desires, at City of
Fayetteville's expense, to survey the property.
7. Taxes and special assessments due on or before closing shall be paid by Coulson Properties. General
taxes, ad valorem taxes, and special assessments for2009 and subsequent years shall be prorated as of
closing.
8. The closing date shall be within ninety (90 ) days after approval of this offer by the City Council. If such
date of closing falls on a weekend or holiday, it will be held the following working day.
9. Possession of the property shall be delivered to the City of Fayetteville on the date of closing.
10. Coulson Properties hereby grant(s) permission for the City of Fayetteville or its employees or designates
to enter the above described property and improvements for the purpose of inspection and/or surveying.
11. Excluding signage, canopies and other trade fixtures, all improvements are included in the purchase
price.
12. Risk of loss or damage to the property by fire or other casualty occurring up to the time of closing is
assumed by the City of Fayetteville.
13. Coulson Properties has disclosed to the City of Fayetteville that this location has been, and is capable of,
being used for the retail sale of motor fuel. Coulson Properties has advised the City of Fayetteville to test
the property for utilities and environmental hazards.
OFFER AND ACCEPTANCE CONTRACT
Page 2of4
14. This agreement shall be governed by the laws of the State of Arkansas.
15. This agreement, when executed by both the City of Fayetteville and Coulson Properties shall contain
the entire understanding and agreement of the parties with respect to the matters referred to herein and
shall supersede all price or contemporaneous agreements, representations and understanding with
respect to such matters, and no oral representations or statements shall be considered a part hereof.
16. This contract expires, if not accepted by Coulson Properties on or before the day of
September, 2009.
17. The City of Fayetteville shall submit this fully executed Offer and Acceptance Contract to the City Council
for their approval within thirty (30 ) days of acceptance by Coulson Properties .
18. NOTICE: THE CITY OF FAYETTEVILLE ASSERTS AND Coulson Properties HEREBY
ACKNOWLEDGES THAT THIS OFFER IS EXPRESSLY CONTINGENT UPON THE
APPROVAL OF THIS OFFER OF PURCHASE BY THE CITY COUNCIL OF
FAYETTEVILLE AND THAT THE FAILURE OF THE COUNCIL TO SO APPROVE
WILL MAKE ALL PORTIONS OF THIS OFFER NULL AND VOID.
Coulson Properties Limited Partnership
1434 Pike Ave.
N. Little Rock, AR. 72114-4050
By Coulson Properties , LLC, General Partner
I1o�
Name and Title
By:
Name and Title
City of Fayetteville, Arkansas,
A municipal corporation
Lion 'd Jo dan, Mayor
Sondra Smith, City Clerk
Date: cl ` a' d e►
Date:
Date: ,01/e,
Date: /We t
• OFFER AND ACCEPTANCE CONTRACT
Page 4 of 4
STATE OF ARKANSAS
t�iJ l 19S ter
COUNTY OF
L o•; f r d
ACKNOWLEDGMENT
ss.
tr• -"VA --
BE
VY -
BE IT REMEMB = ' 1, that on this date, before the undersigned, a duly commissioned nd acting
otary, Public in and for said County and State, personally appeared
t.",,/6.,,,k/2r�(C4.5 to ell known as the person(s) who executed the fpregoi g document, and who sated and
acknowle• • that.-gelshelthey is/are -LL. il^,ANIyid^,i- C61/14,•-1 C'7 6,1441 ' of
coot c,..., riff and ' /we duly�uthoriz d to execut he foregoin instrument for and in the name and behalf of
said � J c -",e - 7/(c Gly C� 4t -r -71----1,-1.0e , and further stated and acknowledged
that #she/tftey had so signed, executed and delivered said instrument for the consideration, uses and purposes
therein mentioned and set forth.
Crk
WITNESS my hand and seal on this~day of S ?JC ,-^ 2009.
/A_%\
MY COMMISSION EXPIRES:
ry Public
`,, ;;;g ;;,, EVERETtEG MARTIN
Pulaskinty
My Commission Expires
September 8, 2043
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
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 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 municipal 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 , 2009.
Notary Public
MY COMMISSION EXPIRES:
HIGHWAY 71 RELOCATION
Tract No. 1
PROPERTY DESCRIPTION:
(Deed Record 1029-334)
PERMANENT UTILITY EASEMENT DESCRIPTION:
(NONE)
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
A 15 foot temporary construction and grading easement of equal and uniform
width located along the East side of the above referenced property as shown on
the attached Exhibit "A" Map. This temporary construction and grading easement
contains 2,452 square feet (0.06 acres), more or less, and shall exclude any
permanent structures which may be located or under construction within said
temporary construction and grading easement area during the construction of this
project and shall terminate when this project has been completed and accepted by
the City of Fayetteville.
C:ldatalEASEMENTS\20071072164 Drake Field HWY 711Easements\Tract I Esmt.dac
PROPERTY MAP 4NIE741 11901 - [E20 RECCR0 N-73014
2 ...cams 77S-17774-690
A pal 4 1. N 1/7 M aN Nr 1/4 .1 1.4.. 4 In 2-11-14 R-30-4 4...41.41 .. 6404•447 4 . 041.4
11101 1'3711• E..1 773,13 ..41 ow Top. 134.01 cool I01040 Nn lion .1e loo ower 4 0444 ib
..n 1444 . 10 1.147 4.149 ..4 441 14 an IN 1.4.14 Ri1E-.1-p .4 ti SL Lwh 444 tin
1400100 sores. Phan SNAP 11'SY24 (04 374.43 On le 1 a Pee 41 0 4440 rs1•47
111144-.Aep .1 11.5. 40444 7111 711 Inns 104 .440 111140-e -1477 0004 ]94.4. 0404 41100 in 44.
1 141 1m 170 *Anse 11414 I11,31Yt Peg 11233 root In . 401 4.n p41; thous 44441 Roo 4014 1140,.14
41nc-sr01ry bleu TJE"J7' .404 415.57 14 le W. print el b••a414. 1.144.1 4 AOI .as en. s
1m
TRACT MAP NO.
EXHI0IT 'A"
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Saha 35
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STATE JIAbleNT
SURVEY DE311111O44
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140.4 nun 7lHrpJVly 00441411 se sass Ran Y. 404 !4144 4 4010 1/14 1/o M 1.10 1/4, owes
1104, l77544T Esl 773 11 1411 1.. Wel .n 11. E1.1 4114 .114,y Wm Ai ... 1.14.. base., Mow.
4404 411 E.11 Ge ssas rIU42 4401 114.017 0104, sass 1040 176373- Eel 75.41 444044 is 4440
1044 0I 1ECsasti 41.. 4.,40.7011r C.ni 44.11 41 11 a ON n. au 0101 Ri4,4 .11111 is. sl
02. His414 1/o. 71: 64440 mos son 0114140 5444. V.W30' VIM 317.73 Yat; 441.4 Plain saw'
`0 1.01 114.43 4.44 1....40.0
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NMI CORNEA
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101.117111
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OMER:
COULSON PROPER11ES
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Client:
CITY OF
FAYETTEVILLE
Preplrly Os. : Colson PropAr504
P7.p/rly Lina
E1341:11 Riyli R1 May
Lana Lia 7133-154-yR-o-D4-440-71-7144
Moon by : Yc 41IW1d 0041 ultln3 Enain04r7
Ti2ttlitiklAV 74707
Peeled Nouns :
U,S Nohray 71 (.100all40
a.1.: Juno 2009
Proj.ct Na 071164
Tract Oa. 2
Seals' 1- = 100
1
_(_,1912009) _ y Boudreaux -Tract 2 Prop.do
Tract No. 2
Parcel No. 775.17774-000
Deed Record 99-73065
SURVEY DESCRIPTION:
A part of the Northwest Quarter (NW ''A) of the Northwest Quarter (NW '1.) of
Section 4, T -15-N, R -30-W, Washington County, Arkansas and being mort
particularly described as follows: From the Northwest corner of said Northwest
Quarter (NW 'A) of the Northwest Quarter (NW ''A), thence South 87°03'23" East -
- -- T_T3.21_feet to a point on the East Right of Way line of the Frisco railroad, thence
along said East line Soutlf8°10'12"-East---101,87-feet;_thenoe South 87°03'23"
east - 294.41 feet to the POINT OF BEGINNING, thence South 87°03'23" -East =-"-------
79.98 feet to a point on the West Right of Way line of U.S. Highway No. 71;
thence along said West line South 4°35'50" West - 362.28 feet; thence North
3°52'50" West - 169.43 feet; thence North 9°29'20" West - 73.51 fest; thence
North 12°1T36" West 127.60 feet to the POINT OF BEGINNING, containing
0.28 acres, more or leas.
1
C:ktataWASEMENTS.20081182143 HWY 71 REL0CATSOMTract 2.doe
(6 19/20/ F2ay_Baudreaux _Tract 2 Esmt Ma _•df _
PUC - 3481 50. FT. (0.11 AC.).
TCF - 6,I03 50. FT. (0.14 AC.)
UTILITY EASEMENT MAP
TRACT MAP NO. 2
Ex1ItBIT "A•
T -11-M
1-16�M
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.197
O AIS OF puma
ox Or FA11T1[V01L
0.5 u 4Ael11TA11W
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MN OWNER
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=nee 4
7 -1S -N, N-30-
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17 1193119306.6
77}5-171I77 07-7- 000
sdN2-nx,aa
OMER,
CO11L50N PROPERTIES
LEGEN0
Permanent Utility E•sen4nl
• — Garner of Prr*m.nt Welty Cmaa1401
775-17774-000 — Taw Pareal Number
•1-7915 --- Dead 11Rord
Tress nary CNnstr+icllan Casrn.nt
PUC — Psnr.n.nt Ut4ty faarmnt
TLC — Trnperarr ConetnrctI.a Ca111nS
CITY OF
FA YETTEVILLE
Pr1pe ty O.,, : Cohan Pro••r11a4
0113+,. by : lealedord ConaulUrq fneorwlers
pate Ayr 2009 Seale : Y • 100'
Pro'el 14o. 072764 Tract N. 2
Protect Nana
U.S. F9ty1•oy 71 Raloaatbn
eao. r $Iuona Oahe
(6119120091 Ray Boudreaux _Tract 2 Esmt.doc _ Pa$e 1 A
Tract No. 2
HIGHWAY 71 RELOCATION
PROPERTY DESCRIPTION:
(Deed Record 99-73065)
PERMANENT UTILITY EASEMENT DESCRIPTION:
Part of the Northwest Quarter (NW ''/a) of the Northwest Quarter (NW '/a) of
Section 4, T -15-N, R -30-W, Washington County, Arkansas, being more
particularly defined as follows:
A 15 foot permanent utility easement of equal and uniform width located
within property described in Deed Record 99-73065. This permanent
utility easement is shown and dimensioned in detail on the attached
Exhibit "A" Map and contains 5,481 square feet (0.13 acres), more or less.
Temporary construction and grading easement description;
A temporary construction and grading easement of variable width located along
the West side of the above permanent utility easement as shown on the attached
Exhibit "A" Map. This temporary construction and grading easement contains
6,183 square feet (0.14 acres), more or less, and shall exclude any permanent
structures which may be located or under construction within said temporary
construction and grading easement area during the construction of this project and
shall tenninate when this project has been completed and accepted by the City of
Fayetteville.
C:ldatalEASEMENTS120071072164 Drake Field HWY 715EasementstT,acl2.doc
EX H -
SPECIAL WARRANTY DEED
KNOW ALL PERSONS BY THESE PRESENTS:
THAT Coulson Properties Limited Partnership , an Arkansas limited partnership,
hereinafter called ("GRANTOR"), for and in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration, in hand paid by , hereinafter
called ("GRANTEE"), the receipt of which is hereby acknowledged, does hereby (subject to the
terms, covenants, conditions and restrictions set forth below) grant, bargain, sell and convey unto
the said GRANTEE, and unto its, successors and assigns forever, certain real property (the
"Property") situated in County, , Arkansas, and more particularly
described on Exhibit A which is attached hereto and made a part hereof by reference.
This conveyance is made by GRANTOR, and accepted by GRANTEE, subject to all
conditions, covenants, restrictions, reservations, leases, exceptions, rights-of-way and easements
of record and all laws, regulations and restrictions, including building and zoning ordinances of
municipal or other governmental authorities applicable to and enforceable against the Property
and all encroachments, protrusions, boundary line disputes, overlaps, shortages of area, and
easements which an inspection of the Property or an accurate survey would disclose, the
exceptions set forth on the attached Exhibit B and the payment of real and personal property
taxes and special assessments for the year 2009 and subsequent years.
As further consideration for this conveyance, GRANTEE does hereby remise, release and forever
discharge GRANTOR, Coulson Oil Company, Inc. and their respective members, managers,
general partners, shareholders, agents, directors, employees and their respective general and
limited partners, affiliates, officers, members, directors, shareholders, agents, managers,
members, representatives, heirs, successors and assigns (collectively "Indemnified Parties"), from
any and all claims, demands and causes of action, at law or in equity, for injury (including death),
destruction, loss or damage of any kind or character, to the person or property of GRANTEE and
GRANTEE's agents, employees, servants.
This Instrument Was Prepared By:
EVERETTE L. MARTIN, ESQ.
Post Office Box 68
North Little Rock, AR 72115
GRANTEE'S ACCEPTANCE AND AFFIDAVIT
The undersigned, on behalf of the GRANTEE, does
hereby accept the above-described Property upon the
terms, covenants and conditions set forth in this Special
Warranty Deed, and certifies under penalty of false
swearing that the legally correct amount of documentary
stamps have been placed on this instrument. Exempt or
no consideration paid if none shown.
[Grantee's Name]
Address:
As further consideration for this conveyance, GRANTEE agrees to be responsible for and
indemnify and hold the indemnified Parties harmless from any and all claims, demands, causes
of action, at law or in equity, brought by any and ail third parties, including without limitation
GRANTEE's agents, employees, servants, invitees, representatives, heirs, successors and assigns
and also including (without limitation) any private citizens, persons, organizations and any
agency, branch or representative of federal, state or local government, on account of any injury
(including death), destruction, loss or damage of any kind or character to persons, property or
natural resources, arising out of, or in relation to the condition of the Property from whatever
cause, including without limitation, any actual or alleged spills, leaks or other discharges onto or
into the Property which have occurred prior to or may occur at any time after the effective date of
this conveyance.
The conditions, covenants, restrictions and other provisions set out hereinabove shall be
covenants running with the land and shall be binding upon and shall inure to the benefit of the
parties, their subsidiaries, affiliates, legal representatives, heirs, successors and assigns.
TO HAVE AND TO HOLD said Property unto the said GRANTEE and unto
GRANTEE's, successors and assigns forever, with all tenements, appurtenances and
hereditaments thereunto belonging, and, subject to the terms, covenants, conditions, restrictions
and provisions contained herein, and in lieu of all other warranties, express or implied, the
GRANTOR hereby covenants with the said GRANTEE that GRANTOR will forever warrant
and defend the title to said Property against all lawful claims and encumbrances done or suffered
by or through GRANTOR, but against none other.
partner
Executed to be effective as of the day of , 2009.
Coulson Properties Limited Partnership,
an Arkansas limited partnership
By: Coulson Properties GP, LLC, general
By:
Michael B. Coulson, member / Date
STATE OF ARKANSAS
)
[Acknowledgement Follows]
)
ss: Acknowledgment
COUNTY OF PULASKI
)
On this day, before me, the undersigned, a Notary Public, duly commissioned, qualified
and acting, within and for said County and State, appeared in person the within named Michael
B. Coulson , to me personally well known, who stated that he was a member of Coulson
Properties Limited Partnership , an Arkansas limited partnership, and was duly authorized in
that capacity to execute the foregoing instrument for and in the name and behalf of said
partnership and further stated and acknowledged that he had so signed, executed and delivered
said foregoing instrument for the consideration, uses and purposes therein mentioned and set
forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this — day
of , 2009.
Notary Public
My Commission Expires:
(S E A L)
OFFER AND ACCEPTANCE CONTRACT FOR TRANSFER OF REAL PROPERTY
IN LIEU OF CONDEMNATION
This OFFER AND ACCEPTANCE CONTRACT (the "Agreement") is made effective as of
September , 2009, between the CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation
("Purchaser") and THE STANDARD REGISTER COMPANY, and Ohio corporation ("Seller").
1. Property: Purchaser agrees to purchase approximately 3.4 acres of land in Fayetteville,
Washington County, Arkansas, as more fully described on the attached Exhibit A (the
"Property"), on the terms and conditions of this Agreement (in lieu of exercising rights to acquire
the property through eminent domain).
2. Purchase Price: Purchaser shall pay $151,200.00 (including $4,218.04 for a temporary
construction easement) (the "Purchase Price") to Seller in cash at "Closing" (defined in Section
8). The Purchase Price is based on the "Salient Facts and Conclusions" attached as Exhibit B.
3. Condition to Closing: Purchaser's obligation to complete the Closing is contingent upon
approval of the City Council of the City of Fayetteville, Arkansas, but there are no other conditions
to Closing. If the City Council approves the Agreement, Purchaser will be unconditionally
obligated to complete the transaction on the terms and conditions of this Agreement.
4. Deed. Conveyance will be made to Purchaser by a Special or Limited Warranty Deed (or the
Arkansas equivalent), subject to the "Permitted Exceptions" (defined below). Such conveyance
shall include mineral rights owned by Seller in connection with the Property.
5. Title / Permitted Exceptions. Purchaser confirms that it has examined title to the Property and it
agrees to accept title to the Property subject to all easements, rights of way, covenants,
restrictions and other encumbrances of record, if any, except mortgages and liens (the
"Permitted Exceptions").
6. Survev. Purchaser confirms that it has surveyed the Property, and it agrees to accept title to the
Property subject to all matters shown in the survey. A copy of the survey is attached as Exhibit
C.
7. Taxes. Seller will be responsible for all taxes and special assessments due on or before the
Closing date.
8. Closing. The closing of the purchase of the Property (the "Closing") shall take place on the 30th
day after this Agreement is approved by the City Council. If such date of Closing falls on a
weekend or holiday, it will be held the following working day. The parties will conduct the Closing
through escrow, by delivering all funds and documents to the Escrow Agent or to any other entity
selected by mutual agreement of the parties (the "Closing Agent").
9. Transfer of Possession / No Warranties. Possession of the Property shall be delivered to
Purchaser on the date of Closing in "AS -IS, WHERE -IS" condition, with all faults and without
recourse to the Seller. Seller makes no covenant, representation or warranty, whether express or
implied, and Seller specifically disclaims any and all representations and warranties with respect
to the Property including but not limited to matters pertaining to: (i) the physical condition of the
Property; or (ii) the suitability of the Property for any use; or (iii) environmental conditions.
10. Purchaser's Commitment. As a material inducement to Seller to enter into and perform this
Agreement, Purchaser covenants and agrees as follows:
(a) Purchaser will construct the improvements commonly known as the "Runway 16 Safety
Area Improvement Project" including the improvements to and realignment of US
Highway 71, substantially as shown on the attached Exhibit D (the "Project");
(b) As a part of the Project, Purchase will remove certain existing improvements on the
Property; and Purchaser covenants and agrees to repair and replace the affected
portions of ail such improvements on Seller's remaining property, including but not limited
all affected portions of the security fencing, concrete drive, asphalt driveways and parking
areas on Seller's remaining property (making modifications as appropriate to account for
the removal of the improvements on the Property). Purchaser covenants and agrees that
all such work will be performed as necessary to assure that the items repaired or
replaced are in a condition that is substantially the same as, or better than, their condition
before the Closing date.
(c)
Purchaser will construct the Project in a manner designed and implemented to minimize
disruption to Seller's business operations.
(d) During construction of the Project, Seller's existing ingress, egress and access to US
Highway 71 will not be restricted on more than two occasions, for a maximum of one hour
each time (and Purchaser will give Seller at least five business days advance written
notice before any such restriction occurs); and
(e) Upon completion of the Project, Seller will continue to have access to US Highway 71, at
the access point (with the curb cuts) shown in Exhibit D.
11. Personal Property. There are no structures on the Property. But, to the extent it contains
improvements of any kind, they are included in the Purchase Price and transferred to Purchaser
at Closing.
12. Casualty and Loss. Risk of loss or damage to the property by fire or other casualty occurring up
to the time of Closing is assumed by Seller.
13. Environmental Conditions. Purchaser acknowledges that it has conducted due diligence
regarding the Property prior to the date of this Agreement, including but not limited to the
environmental condition and quality of the Property, and that all such investigations have been
satisfactory to Purchaser in all respects. Purchaser has obtained and reviewed an Environmental
Impact Statement, prepared for Purchaser, at Purchaser's expense and determined that no
further investigation or testing is required, and Purchaser accepts the environmental condition of
the Property.
14. Governing Law. This Agreement shall be governed by the laws of the State of Arkansas.
15. Entire Agreement. This Agreement, when executed by both the Purchaser and Seller contains
the entire understanding and agreement of the parties with respect to the matters referred to
herein and shall supersede all price or contemporaneous agreements, representations and
understanding with respect to such matters, and no oral representations or statements shall be
considered a part hereof.
16. Post -Closing Obligations. Purchaser's acceptance of the Deed will extinguish this Agreement
by operation of merger and therefore neither party will have any obligation under this Agreement
from and after the Closing; except as follows: (a) Purchaser's commitment in Section 10 is a
binding obligation which will survive the Closing until it has been fully performed and completed;
and (b) Seller's obligation in the Temporary Construction Easement attached as Exhibit E is a
binding obligation which will survive the Closing until the portion of the Project being performed
adjacent to Seller's property has been fully performed and completed.
17, Presentation to City Council. The Purchaser shall submit this fully executed Agreement to the
City Council for their approval within 30 days after the effective date written above.
18. NOTICE: THE PURCHASER ASSERTS AND THE SELLER HEREBY ACKNOWLEDGES
THAT THIS OFFER IS EXPRESSLY CONTINGENT UPON THE APPROVAL OF THIS OFFER
2
OF PURCHASE BY THE CITY COUNCIL OF FAYETTEVILLE AND THAT THE FAILURE OF
THE COUNCIL TO SO APPROVE WILL MAKE ALL PORTIONS OF THIS OFFER NULL AND
VOID.
19. Notices. Each notice required under this Agreement will be in writing and will be deemed to have
been duly given on the date the notice is either delivered personally, or mailed by overnight or
same-day express mail delivery service, or transmitted by facsimile or e-mail; except that a notice
transmitted by facsimile or e-mail will not be effective until the addressee (or the attorney for the
addressee) transmits a facsimile or e-mail acknowledging receipt of the notice or until a hard copy
is delivered by any other means authorized in this Agreement. Notices must be delivered to the
following addresses:
To Purchaser:
With a copy to:
To Seller:
With a copy to:
20. Counterparts.
The Standard Register Company
600 Albany Street
Dayton, Ohio 45408
Attn:
Phone:
Facsimile:
E -Mail:
Dinsmore & Shohl LLP
One Dayton Centre
One South Main Street
Suite 1300
Dayton, Ohio 45402
Attn: Merideth Ann Trott
Phone: (937) 449-6400
Fax: (937) 449-6405
E -Mail: trott(cDdinslaw.com
This Agreement and the signatures on this Agreement may be transmitted by facsimile or e-mail. Any
properly transmitted signature will be deemed to constitute an original signature and counterparts of this
Agreement containing (actual or deemed) original signatures of both parties will be deemed to constitute
a single, enforceable contract.
See next pages for signatures
3
THE STANDARD REGISTER COMPANY
By:
Name: Robert M. Ginnan
Title: Vice President, Treasurer
& CFO
STATE OF OHIO )
COUNTY OF MONTGOMERY )
ACKNOWLEDGMENT
ss.
Date: Wept:. 11, 2009
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 M. Ginnan , to me well known as the person(s) who executed the foregoing document,
and who stated and acknowledged that he/she/they is/areVP, Treas. , CFO of The Standard
Register Company and is/are duly authorized to execute the foregoing instrument for and in the name
and behalf of said corporation, and further stated and acknowledged that he/she/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 11 day of September, 2009.
MY COMMISSION EXPIRES:
BARBARA J. WIDERA, Notary Puha
In and for the State of Ohio
My Commission Expires August 3, 2013
4
Notary Public
CITY OF FAYETTEVILLE, ARKANSAS,
A municipal corporation
'eld ordan, Ma
I+"
6-.4,0 a
Sondra Smith, City Clerk
STATE OF ARKANSAS
COUNTY OF WASHINGTON )
Date: ir/9
Date: Agit D�
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 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 municipal 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 fort
WITNESS my hand and seal on this 13 dayrof��r, 2009.
MY COMMISSION EXPIRES:
07-1-c201tt
5
Notary Public
0111111i to
PW
-i•.*OTARy�c,?
tea• •��
44. PU°LAO; 4
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
DRAKE FIELD! HWY 71 B
Tract No. S
Parcel No. 765-15531-000
PROPERTY DESCRIPTION:
(Deed Record 491-19)
A part of the NW 1/4 of the SW '/4 of Section 33, T -16-N, R -30-W, Washington County, Arkansas
being more particularly described as follows: From the Southwest comer of said Section 33,
thence along the West line of said Section 33 North 3°00'52" East - 1314.91 feet to the SW
corner of said NW '/. of the SW 'A, thence along the South line of said NW '/. of the SW '/. South
87°05'37" East — 859.46 feet to the POINT OF BEGINNING, thence. North 252621" East -
88.92 feet; thence North 70°26'21" East - 56.57 feet; thence North 25°26'21" East — 756.75 feet;
thence North 15`09'32" East - 157.01 feet to a point on the West Right of Way line U.S.
Highway 71; thence along said West Right of Way line South 4°3550" West - 487.71 feet;
thence continuing along said West line North 85°24'10" West - 10.00 feet; thence continuing
along said West line South 4°35'50" West - 469.17 feet to a point on the South line of the NW'/.
of the SW 1/. of said Section 33; thence along said South line North 87°05'37" West — 371.44
feet to the POINT OF BEGINNING, containing 3.42 acres, more or less.
Exhibit "B" - Page 1 of 4
Section I -- Introduction
Project Ident!flcation:
Tee Simple Owner.
9faiEngAddress:
Property Location.
Parce(Num6ers:
Census Tract:
�Yood {Data:
Estate Appraised
7fighest eLBest Vse:
Salient Facts a2 Conclusions
City of Fayetteville Executive Airport, Drake Field -
Runway 16 Safety Area Improvement Project
Standard Register Company
600 Albany Street — Dayton, OH 45408-1442
Project Tract #5
3655 South School Avenue — Fayetteville, AR 72701
Washington County - 765-15531-000
111.02, Block 7026
-60% total acreage appears to lie in FEMA identified flood zone A
Per map #05143C0220F, as of 05/16/08
Fee Simple
Before the Taking —
As if Vacant
As Improved
After the Taking —
As if Vacant
As Improved
Industrial Manufacturing Complex
Industrial Manufacturing Complex
L6
Improvements Considered Due to my opinion improvements remaining after proposed partial taking will
not suffer severance damage, they are not considered in this report. Those
items slated for permanent removal and therefore considered include:
Security fencing - 200± linear feet, net loss after replacement
Concrete drive - 4,200± square feet
Asphalt drive/parking - 2,300± square feet
Miscellaneous - Landscaping (included in land value), signage, etc.
Area Of Whole: . 38.82± Acres per provided Survey
Permanent TakingArea: 3.42± Acres per provided Survey
Area Of &sidua1 35.40± Acres
Temporary Construction. • 1.11± Acres per provided Survey
(Effective Date: June 29, 2009 — the date of subject inspection
I
Exhibit "8" - Page 2 of 4
Salient Facts And Conclusions Continued
Induated Fair 9v(arket values
Before the Takings
Underlying Land $1,475,900
Affected Improvements $ 17,020
Total $1,492,020
After the Takings
Underlying Land $1,345,040
Affected Improvements 0
Total _ $L345.040
040
Total Loss in Market Value Due to Taking $ 146,980
*No Severance Damages applicable
lrocation Of Fair Market value
Permanent Taking. 3.42±- Acres @ $38,000/Acre = $129,960
Affected Improvements (depreciated cost);
Security fencing - 200± linear feet
Concrete drive - 4,200± SF
Asphalt drive/parking - 2,300± SF
Miscellaneous - Signage, etc.
Total Loss In Market Value Due to Taking
Add T.C.E. 1.11± Acre @ $38,000/Acre x
Total Certified Just Compensation
@ $6.50 = $ 1,300
@ $2.60 = $ 10,920
@ $1.00 = $ 2,300
$ 2,500
$146,980
10% x 1 Year = $ 4,218
$151,198
Say $151,200
2
Exhibit "B" - Page 3 of 4
f� CERTIFICATE OF APPRAISER
U.S. Department of lransporiation
Federal Aviation Administration
Airport I Project Number Parcel No.
Project Location
I hereby certify:
That on : Z U (_ ` .,7,,,_,_o QEL Idate) {sf, I personally made a field inspection of the property herein appraised and that I have
afforded the property owner the opportunity to accompany me at the time 01 inspection I have also personally made a field inspection of the comparable sales relied
upon in making said appraisal. The subject and the comparable sales relied upon in making said appraisal were as represented by the photagraphs contained in
said appraisal or in The data book or report that supplements the appraisal.
That to the best of my knowledge and belief the statements contained in the appraisal attached hereto are true and the information contained [herein upon which
the opinion of value expressed below is based is correct, subject to the limiting conditions set forth in the appraisal. r��
That I understand this market value appraisal is to be used in connection with the acquisition of land for an airport project by '1`f O$ f t -t E V t Lt
Lug with the assistance of FAA funds or other Federal funds. ,
Thal such appraisal has been made in conformity with the appropriate Stale laws, regulations, policies, and procedzres applicable to appraisal of land for such
purposes, and [hat to the best of my knowledge no portion of the value assigned to such property consists of items which are noncompensable under the established
law of said Stale.
That any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property
is acquired, or by the likelihood that the property would be acquired for such improvement, other than (hat due to physical deterioration within reasonable control
of the owner, has been disregarded in determining the compensation for the property.
That neither my employment nor my compensation for making this appraisal are in any way contingent upon the values reported herein.
That I have no direct or indirect, present or contemplated, future personal interest in such property or in any benefit from the acquisition of such property appraised,
That I have not revealed the findings and results of such appraisal to anyone other than the proper officials of the acquiring 'agency of said Airport or officials
of the Federal Aviation Administration and I will not do so until so authorized by said officials, or until I am required to do so by due process of taw, or until I am
released from this obligation by having publicly testified as to such findings.
That the conclusion set brut in this appraisal is my independent opinion of the value of the property as of the TN day of N
19 and that such conclusion was reached without collaboration or direction as to value.
.OO9 ,
It is my opinion that the fair market value at the above captioned real property is as follows:
Value before acquisition $ y O
Value after acquisition $ J.�yd fR�
Value difference $ f G l , df_ 9- 9.
The property has been appraised for its fair market value as though owned in fee simple, or as encumbered only by the existing easement in favor of
The opinion of value expressed above is the result of and is subject to the data and conditions described in detail in this report of — pages.
Dale of contract QO l j 7 % O of
Typed name H IZ t' } t
Signatur '� •T;f1F'ED �,'
Date
GE4E — )
{', No. t%la'"
Note. - Other statements, required by the regulations of an appraisal organization of which they
by circumstances connected with the appraisal assignment or the preparation of the appraisal, may be
FAA Form 5100-111 rz•941 Supersedes FAA Form 5100-41 NSN: 0052.00.913-80
* u.s. GOYrRsn£HT PtlHr(HG OFFICE: t494 . 301-706/t4236
Exhibit "B" - Page 4 of 4
U.S. Department of Transportation CERTIFICATE OF APPRAISER
Federal Aviation Administration
Airport Project Number Parcel No,
Grlyc r2-P-t553f--000
Project Location
I hereby certify:
That on �� N L r `?) , a c���- (date) (s). I personally made a field inspection of the property herein appraised and that I have
afforded the property owner the opportunity to accompany me at the lime of inspection. I have also personally made a field inspection of the comparable sales relied
upon in making said appraisal. The subject and the comparable sales relied upon in making said appraisal were as represented by the photographs contained in
said appraisal or in the data book or report that supplements the appraisal,
That to the best of my knowledge and belief the statements contained in the appraisal attached hereto are true and the information contained therein upon which
the opinion of value expressed below is based is correct. subject to the limiting conditions set forth in the appraisal.
That I understand this market value appraisal is to be used in connection with the acquisition of land for an airport project by C 1T'!! c7 fTCTTYt
F FLd7 with the assistance of FAA funds or other Federal finds.
That such appraisal has been made in conformity with the appropriate State laws, regulations, policies, and procedures applicable to appraisal of land for such
purposes. and that to the best of my knowledge no portion of the value assigned to such property consists of items which are noncompensable under the established
law of said State.
That any decrease or increase in the fair market value of real property prior to' the date of valuation caused by the public improvement for which such property
is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within reasonable control
of the owner, has been disregarded in determining the compensation for the property.
That neither my employment nor my compensation br making this appraisal are in any way contingent upon the values reported herein.
That I have no direct or indirect, present or contemplated, future personal interest in such property or in any benefit from the acquisition of such property appraised.
That I have not revealed the findings and results of such appraisal to anyone other than the proper officials of the acquiring agency of saidAirporl or officials
of the Federal Aviation Administration and I will not do so until so authorized by said officials, or until t am required to do so by due process of law,, or- until I am
released from this obligation by having publicly testified as to such findings_
That the conclusion set forth in this appraisal is my independent`Opinion of the value of the property as of the 1L day of � E
49 and that such conclusion was reached without collaboration or direction as to value.
Ills my opinion that the fair market value of the above captioned real property is as follows:
Value before acquisition $ , y L_� r 9
Value after acquisition $ (r y 0;?3
Value difference $ - 1 5 1,1 i) ?S
The property has been appraised for its fair market value as though owned in fee simple. or as encumbered only by the existing easement in favor of
The opinion of value expressed above is the result of and is subject to the data and conditions described in detail in this report of ',' ,
Q
��_ 17 D ��
Date of contract
v?
Typed name r]—��—O
11-•Y t I - IN C�
_ i o I-
-
•
CEfi T IF
— IED
-,• _� -
Signature
LDL�_
•,,�� ��� ���,•
Date _.D9i1
r2?
�`rrr%nruiiurua�
'
Note. - Other statements, required by the regulations of an appraisal organization of which the appraiser is a member or
by circumstances connected with the appraisal assignment of the preparation of the appraisal, may be inserted where appropriate.
NSN: 0052-00-9138C
FAA Form 5100-1 11 12.941 Supersedes FAA Form 5100-41 -
r1' U.S. GOVERNMENT PRINTING OFFICE: 1994 - 101-7Q6/id2J6
EXHIBIT "C"
SURVEY OF PROPERTY
PARENT TRACT — OEFB RECORD 491-19
PROPERTY MAP
PARCEL. N0. 795-15531-000 'nom' +
A part of the SW 1/4 of the NW 1/4 and the NW 1/4 of the SW 1/4 of Section n
NTSo `
TRACT MAP NO. 5
33 bi T-1@-44. R -20--W dewzbed as folows. to —nit: Beglulh9 at a Point on the
UBIT sA`
Ee.t Rte of the SL Louts & Son Fmwieoa Ralrwa4, which Point M found by 1N
beginning at the NW carer of said NW 1/4 of the SW 1/4 of Section 33 and
I
ranr.hg thence East 48 foot thence south 40 feel: thence South 12' East 672 ur / 1
feet to sold bookmhQ point and from thence tuning East 700 feet thence •
• South 250 feet thewcs Earl 400 fret to to. West Iin. of US Highway Roa 71;
thr+ce South with the West one of sold Highway 1770 het to the South 8ne of n°' n .o
th. NW 1/4 of the SW 1/4 of sold S.ctca 33: thence West 703 feet to the East '°'!I O
h 1
Me of odd rdroo4 thence North 12West 19!17 het to the point of b,qioobig.2
^ !
I
1 oonfak:in30. Q 52 owes. or morelute. 3
STATE LIONUMENT
NW CORNER
NW 1/4, NW t/4 or
o = j
�I
SECTION 33
n 1' - 200'
T-tfi-N. R -30-W g1RWY D PnM
t
J , 1 Apart of the NW 1/4 of the SW 1/4 of Suction 33. T-16-11, R -30-W.
rn Z BASH OF BEARING:
CO'S' OF FAYETTEVI
1 WarAhgton county. Arkava. being more patkzAarty described as
1\ I
I
OPS MONU (t2dTATION
i p f.J ova; From the Southwest oornr of sold setim 33, thence along
;
1 ` tin. West he of sold Section 33 North 3'00'52- East - 1314.91 foot to
I 1 the SW comer of sold NW 1/4 of the Sit 1/4, thence Bong the South ru
ti
I
1 Ikh. of Bald NW 1/4 of the SR 1/4 South 57V53r Soot - BS9.48 fast N,
to the POINT CF BEGU9LNR thence North 2525�2Y East - 80.72 feet ' ,
I
thew. North 7026'21' East - 58,57 het thence North 2525'21' Soot h
I
- 755.75 foot thence North 150932• East - 157.01 feet to a point
t on the Wost Right of Way M• VS. Highway 717 thence along sand West x
^5'SC' W 4A17ins'• =
I
I
1 ` Right of Wa/ !Fe , x 4 „ e r •• 71 . 'hence cartiv:i•Q
t dong ..id Wool 'o'. Fir,4 R5: C:i' Fu! - !3 70 fee'. !:trewn
1 1 oonll 'A ,7 d., w::: ►hoe! G:e !✓xth a50 Cult - ••.TIT Ise: !o a / f
1 point on the T tit'• .k a of I.N. Yi 14 of L . fs 1/e of e:'+1 GMS..
o ` 33: then:. d.1r•:.ed too•!. lint Nx_'. e74r!v.lr Wee' - 3:i.44fool
i
a 1 to the P:yti: 0 I:L •fS3. cent A.k r 1411 a[re.. r•0u a In■ ,
11 II
i! t
L
' r li
1 1 V f' :'i C7'" ii fhll:f ', �•. •:;24'10- W
y "
.J: ::; )y!' rr 10.00'
� 1
nl n1egE , I I I
=1 es_vrr 1 .n
s r,
SW CORNER 1 71 i': ' i) f 1 / <<{ :'� 1
NW 1/4. SW 1/4 1..............2
' \ ' '•�I\
SECTION.33 1 .r,.. .1 •ne \ *'
T-i8_N. R -30-W l I - - ___J
� v
5 8T05'3T1tE - 4
,.:
n- L,33
r�r ny LEGEND
•. f N 87'05'37' W
IJ
i l
o a ISWcORNR
C
o M
SW 1/4. SW 1/4
Property Area -^- --^
Property Line
Z
T -1E -N, R -30-W o --- Found Iron Pin---R/W---..
Existing Right of Way
STATE MONUMENT ♦ --- Set Iron Pin -- . • -- • • --
Land Line
13 — R/N Monument
200-n6N-30W-0-33-340-72-1146
7
Client:
Property Owner Standard Register Company
Project Name
CITY
Drawn by McClelland Consulting Engineers
U"S. Highway 71 Relocation
OF
FFAYETTEVILLE
1810 N. College Ave.
Date:
July 2009
Fa tteAle, AR -72702
Seals:
1' — 200'
Project No. 082153 Tract No. 5
.. ,' o afionJ a I! o y
Exh;LD+ "E"
TEMPORARY CONSTRUCTION EASEMENT
L� Ibis TEMPORARY CONSTRUCTION EASEMENT (the "Easement") is made theOay of
et 2009 by and between THE STANDARD REGISTER COMP
an Ohio
corporation ("SRC"), and the CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation ration (the
"Airport"
Background
The Airport has acquired approximately 3.4 acres of land in Fayetteville, Washington County,
Arkansas, as shown on the drawing attached as Exhibit A (the "Designated Property"), in conjunction
with the proposed relocation of US Highway 71 and the extension of a runway at the Airport. Airport
desires to enter a portion of SRC's property for the purpose of constructing the airport expansion project
(these activities are referred to as the "Work") and SRC has agreed to grant Airport a temporary
construction easement in the areas described on the attached Schedule Eel and depicted on the temporary
construction easement map attached as Sched� ulr a E_2 (collectively the "Easement Property") on the
terms and conditions set out below.
Agreement
1. Temoorary Construction Easement. SRC authorizes Airport and its consultants and
contractors to enter the Easement Property for the purpose of performing the Work, at Airport's sole cost
and expense. This Easement is granted for the exclusive limited purpose of performing the Work and for
no other purpose.
2. Com liance with Law . Airport will obtain all licenses, permits, insurance and other
authorizations required by law, and will otherwise comply with all federal, state and local governmental
laws, rules, regulations and ordinances applicable to the Work.
3. No interference. Airport will conduct the Work in a manner designed and implemented
to minimize disruption to SRC's business operations. During the prosecution of the Work, SRC's existing
ingress, egress and access to US Highway 71 will not be restricted on more than two occasions, for a
maximum of one hour each time (and Airport will give SRC at least five business days advance written
notice before any such restriction occurs).
4. Restoration. After completion of the Work, Airport will immediately restore the
Easement Property to substantially the same condition as existed before the Work commenced, subject to
improvements Airport has committed to make under the terms of a separate agreement with SRC.
5. Term of A ement. This Easement will expire on the earlier of: (a) the date that Airport
completes the Work; or (b) December 31, 2010 (the "Term").
6. Indemni from Ai ort. Airport and its consultants will enter the Easement Property at
their sole risk and expense. Airport indemnifies SRC and holds it harmless from and against all claims,
damages, losses and other liabilities of any kind or nature (including, without limitation, reasonable
attorneys' fees) arising out of any actual or alleged injury to or death of any person or loss of or damage
to property resulting from any act or omission of Airport, its agents, employees and contractors, in
connection with the performance of the Work. This indemnity will survive the Term of this Easement.
7. Governine Law. This Easement will be governed by, construed and enforced in
accordance with the laws of the State of Arkansas.
8. Entire Agreement. This Easement constitutes the entire agreement between the parties
with respect to the Airport's right to enter the Designated Property and perform the Work, and it may not
be modified in any way, except by a written amendment signed by both parties.
9. Notices. All notices required under this Easement will be in writing and will be
delivered to the addresses listed above, or to any other addresses modified by written notice delivered as
required by this Section. A notice will be deemed to have been duly given if it is: (a) delivered in person,
(b) delivered by any generally available overnight commercial delivery service, or (c) delivered by e-mail
followed by an e-mail from the receiving party, confirming receipt of the notice. All properly delivered
notices will be effective upon receipt (or in the case e-mail, on confirmation of receipt), or on the date that
delivery is refused.
To SRC: 600 Albany Street
Dayton, Ohio 45401-1167
Attn: Gerard D. Sower, Esq., Vice President, Associate General Counsel
E -Mail: Gerard.Sowar a standardregister.com
To Airport:
Attn:
E -Mail:
10. Counterparts / Electronic Transmission. This document may be signed in counterparts
and the signatures on this document may be transmitted electronically. Counterparts of this document
containing the signatures of both parties (whether original or electronically transmitted scanned copies)
will be deemed to create a single, enforceable Easement.
THE STANDARD REGISTER CITY OF FAYETTEVILLE, ARKANSAS
COMPANY, an Ohio corporation a municipal c oration
N me: as ph .Morgan, Jr. ioneld a a or
Ti . res t & CEO Date: /
Date: November 4, 2009 T�
Sy: b12- v
SSop�dra Smithcity Cleric
Date: L1,, a[u eU_ Jam, O1 aQ 9
ACKNOWLEDGMENT
STATE OF OHIO
ss.
COUNTY OF MONTGOMERY
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
Joseph P. Morgan, Jr. , to me well known as the person(s) who executed the foregoing
document, and who stated and acknowledged that he/she/they is/arePresident & CEO of The
Standard Register Company and is/are duly authorized to execute the foregoing instrument for and in
the name and behalf of said corporation, and further stated and acknowledged that he/she/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 November, 2009.
Notary Public
MY COMMISSION EXPIRES:
BARBARA
W1DCDA Yp1l�C
In and for the Sta
My Commission MS August 3, 2013
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
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 of the City of Fayetteville, Arkansas, a
municipal corporation, and are duly authorized to in their respective capacities to execute the foregoing
instrument for and in the name and behalf of said municipal 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 ✓ 2009.
MY C j�O)rV�EXPIRES:
Schedule E-1
TEMPORARY EASEMENT DESCRIPTION
HIGHWAY 71 RELOCATION
Tract No. 5
PROPERTY DESCRIPTION:
(Deed Records 99-73065)
PERMANENT UTILITY EASEMENT DESCRIPTION:
(NONE)
TEMPORARY CONSTRUCTION AND GRADEN0 EASEMENT DESCRIPTION:
A temporary construction and grading easement of variable width located within
the above referenced property as shown on the attached Exhibit "A" Map. This
temporary construction and grading easement contains 48,527 square feet (1.11
acres), more or less, and shall exclude any permanent structures which may be
located or under construction within said temporary construction and grading
easement area during the construction of this project and shall terminate when this
project has been completed and accepted by the City of Fayetteville.
Schedule E-2
TEMPORARY CONSTRUCTION EASEMENT MAP
TEMPORARY CONSTRUCTION EASEMENT MAP
TCE — 51.O93. FT. (1.17 AC.) I
'TRACT MAP NO. 5
NOT A SURVEY
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f!1 WY OF FA
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76 5-1 55 31-a00 — Tax Parcai Number Temporary Construction Easement
492-i9 — Deed Record • — Corner of Temporary Construction Easement
TCE — Temporary Construction Easement
CITY O� Property Owner : Standard Register Company Project Name :
Drawn by: McClelland Consulting Engineers U RI hwa 71 RelocgUon
PAYETTEVIL yE Date: Oct. 2009 Scale: 1• m 200 No. Revisions Date
i �r �+Le�i project No. 072164 Tract No. 5
EXHIBIT "E"
TEMPORARY CONSTRUCTION EASEMENT
This TEMPORARY CONSTRUCTION EASEMENT (the "Easement") is made the _ day of
September, 2009 by and between THE STANDARD REGISTER COMPANY, an Ohio corporation
("SRC"), and the CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation (the "Airport").
Background
The Airport has acquired approximately 3.4 acres of land in Fayetteville, Washington County,
Arkansas, as shown on the drawing attached as Exhibit A (the "Designated Property"), in conjunction
with the proposed relocation of US Highway 71 and the extension of a runway at the Airport. Airport
desires to enter a portion of SRC's property for the purpose of constructing the airport expansion project
(these activities are referred to as the "Work") and SRC has agreed to grant Airport a temporary
construction easement in the areas described on the attached Schedule E -I and depicted on the temporary
construction easement map attached as Schedule E-2 (collectively the "Easement Property") on the
terms and conditions set out below.
Agreement
i. Temporary Construction Easement. SRC authorizes Airport and its consultants and
contractors to enter the Easement Property for the purpose of performing the Work, at Airport's sole cost
and expense. This Easement is granted for the exclusive limited purpose of performing the Work and for
no other purpose.
2. Compliance with Laws. Airport will obtain all licenses, permits, insurance and other
authorizations required by law, and will otherwise comply with all federal, state and local governmental
laws, rules, regulations and ordinances applicable to the Work.
3. No Interference. Airport will conduct the Work in a manner designed and implemented
to minimize disruption to SRC's business operations. During the prosecution of the Work, SRC's existing
ingress, egress and access to US Highway 71 will not be restricted on more than two occasions, for a
maximum of one hour each time (and Airport will give SRC at least five business days advance written
notice before any such restriction occurs).
4. Restoration. After completion of the Work, Airport will immediately restore the
Easement Property to substantially the same condition as existed before the Work commenced, subject to
improvements Airport has committed to make under the terms of a separate agreement with SRC.
5. Term of A rg eement. This Easement will expire on the earlier of: (a) the date that Airport
completes the Work; or (b) December 31, 2010 (the "Term").
6. Indemnity from Airport. Airport and its consultants will enter the Easement Property at
their sole risk and expense. Airport indemnifies SRC and holds it harmless from and against all claims,
damages, losses and other liabilities of any kind or nature (including, without limitation, reasonable
attorneys' fees) arising out of any actual or alleged injury to or death of any person or loss of or damage
to property resulting from any act or omission of Airport, its agents, employees and contractors, in
connection with the performance of the Work. This indemnity will survive the Term of this Easement.
7. Governing` Law. This Easement will be governed by, construed and enforced in
accordance with the laws of the State of Arkansas.
8. Entire Agreement. This Easement constitutes the entire agreement between the parties
with respect to the Airport's right to enter the Designated Property and perform the Work, and it may not
be modified in any way, except by a written amendment signed by both parties.
9. Notices. All notices required under this Easement will be in writing and will be
delivered to the addresses listed above, or to any other addresses modified by written notice delivered as
required by this Section. A notice will be deemed to have been duly given if it is: (a) delivered in person,
(b) delivered by any generally available overnight commercial delivery service, or (c) delivered by e-mail
followed by an e-mail from the receiving party, confirming receipt of the notice. All properly delivered
notices will be effective upon receipt (or in the case e-mail, on confirmation of receipt), or on the date that
delivery is refused.
To SRC: 600 Albany Street
Dayton, Ohio 45401-1167
Attn: Gerard D. Sower, Esq., Vice President, Associate General Counsel
> -Mail; Gerard.Sowar(2standardregister.com
To Airport:
Attn:
E -Mail:
10. Counterparts / Electronic Transmission. This document may be signed in counterparts
and the signatures on this document may be transmitted electronically. Counterparts of this document
containing the signatures of both parties (whether original or electronically transmitted scanned copies)
will be deemed to create a single, enforceable Easement .
THE STANDARD REGISTER CITY OF FAYETTEVILLE, ARKANSAS
COMPANY, an Ohio corporation a municipal corporation
By: _
Name:
Title:
Date:
I0
Date:
Date:
Lioneld Jordan, Mayor
Sondra Smith, City Clerk
ACKNOWLEDGMENT
STATE OF OHIO
ss.
COUNTY OF MONTGOMERY
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
, to me well known as the person(s) who executed the foregoing
document, and who stated and acknowledged that he/she/they is/are. of The
Standard Register Company and is/are duly authorized to execute the foregoing instrument for and in
the name and behalf of said corporation, and further stated and acknowledged that he/she/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 September, 2009.
Notary Public
MY COMMISSION EXPIRES:
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
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 of the City of Fayetteville, Arkansas, a
municipal corporation, and are duly authorized to in their respective capacities to execute the foregoing
instrument for and in the name and behalf of said municipal 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 , 2009.
Notary Public
MY COMMISSION EXPIRES:
Schedule E-1
TEMPORARY EASEMENT DESCRIPTION
HIGHWAY 71 RELOCATION
Tract No. 5
PROPERTY DESCRIPTION:
(Deed Records 99-73065)
PERMANENT UTILITY EASEMENT DESCRIPTION:
(NONE)
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
A temporary construction and grading casement of variable width located within
the above referenced property as shown on the attached Exhibit "A" Map. This
temporary construction and grading easement contains 48,527 square feet (1.11
acres), more or less, and shall exclude any permanent structures which may be
located or under construction within said temporary construction and grading
easement area during the construction of this project and shall terminate when this
project has been completed and accepted by the City of Fayetteville.
ACKNOWLEDGMENT
STATE OF OHIO
ss.
COUNTY OF MONTGOMERY
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
, to me well known as the person(s) who executed the foregoing
document, and who stated and acknowledged that he/she/they is/are. of The
Standard Register Company and is/are duly authorized to execute the foregoing instrument for and in
the name and behalf of said corporation, and further stated and acknowledged that he/she/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 September, 2009.
Notary Public
MY COMMISSION EXPIRES:
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
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 of the City of Fayetteville, Arkansas, a
municipal corporation, and are duly authorized to in their respective capacities to execute the foregoing
instrument for and in the name and behalf of said municipal 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 , 2009.
Notary Public
MY COMMISSION EXPIRES:
Schedule E-1
TEMPORARY EASEMENT DESCRIPTION
HIGHWAY 71 RELOCATION
Tract No. 5
PROPERTY DESCRIPTION:
(Deed Records 99-73065)
PERMANENT UTILITY EASEMENT DESCRIPTION:
(NONE)
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
A temporary construction and grading easement of variable width located within
the above referenced property as shown on the attached Exhibit "A" Map. This
temporary construction and grading easement contains 48,527 square feet (1.11
acres), more or less, and shall exclude any permanent structures which may be
located or under construction within said temporary construction and grading
easement area during the construction of this project and shall terminate when this
project has been completed and accepted by the City of Fayetteville.
t*�tRll►t��t��W*�
Policy Pagel
ALTA Owners Policy (6-17-06) e s
FMERI
Policy No. OP
4087049
OWNED9 @ POUCY OF TULTE NOURANCE'N
ISSUED BY
FirstAmerican Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the
Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS
FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS,
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation
(the "Company") insures, as of Date of Policy and, to the extent stated in
Covered Risks 9 and 10, after Date of Policy, against loss or damage, not
exceeding the Amount of Insurance, sustained or incurred by the Insured
by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk
includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency,
incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer
or conveyance;
(iii) a document affecting Title not properly created, executed,
witnessed, seated, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a
document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or
otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the
Public Records including failure to perform those acts by
electronic means authorized by law; or
(vii) a detective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title
by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse
circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land. The term
"encroachment" includes encroachments of existing
improvements located on the Land onto adjoining land, and
encroachments onto the Land of existing improvements located
on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or
governmental regulation (including those relating to building and
zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected
on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public
Records setting forth the violation or intention to enforce, but only to the
extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police
power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded in the Public
Records, but only to the extent of the enforcement referred to in that
notice.
7. The exercise of the rights of eminent domain if a notice of the exercise,
describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on
the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court
order providing an alternative remedy, of a transfer of all or any
part of the title to or any interest in the Land occurring prior to the
transaction vesting Title as shown in Schedule A because that
prior transfer constituted a fraudulent or preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights
laws; or
(b) because the instrument of transfer vesting Title as shown in
Schedule A constitutes a preferential transfer under federal
bankruptcy, state insolvency, or similar creditors' rights laws by
reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii)to impart notice of its existence to a purchaser for value or to a
judgment or lien creditor.
10.Any defect in or lien or encumbrance on the Title or other matter
included in Covered Risks 1 through 9 that has been created or attached
or has been filed or recorded in the Public Records subsequent to Date
of Policy and prior to the recording of the deed or other instrument of
transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses
incurred in defense of any matter insured against by this policy, but only to
the extent provided in the Conditions.
First American Title Insurance Company
BY
ATTEST
coONTEESiGNEO By
PRESIDENT
42304O60005 (3/07)
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If a payment on account of a claim does not fully cover the loss of the Insured
Claimant, the Company shall defer the exercise of its right to recover until after the
Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to
indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any
terms or conditions contained in those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or controversy shall
be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American
Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder
or consolidation with claims or controversies of other persons. Arbitrable matters may
include, but are not limited to, any controversy or claim between the Company and the
Insured arising out of or relating to this policy, any service in connection with its issuance
or the breach of a policy provision, 'or to any other controversy or claim arising out of the
transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance
is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured.
All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be
arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant
to this policy and under the Rules shall be binding upon the parties. Judgment upon the
award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction.
1
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it by the
Company is the entire policy and contract between the Insured and the Company. In
interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by any
action asserting such claim shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and
authenticated by an authorized person, or expressly incorporated by Schedule A of
this policy.
(d) Each endorsement to this policy issued at any time is made aAart of-tpolicy
and is subject to all of its terms and provisions. Except as the endorsement expressly
states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify
any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or
unenforceable under applicable law, the policy shall be deemed not to include that
provision or such part held to be invalid, but all other provisions shall remain in full force
and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has underwritten the
risks covered by this policy and determined the premium charged therefor in reliance
upon the law affecting interests in real property and applicable to the interpretation,
rights, remedies, or enforcement of policies of title insurance of the jurisdiction
where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the
Land is located to determine the validity of claims against the Title that are adverse
to the Insured and to interpret and enforce the terms of this policy. In neither case
shall the court or arbitrator apply its conflicts of law principles to determine the
applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured
against the Company must be filed only in a state or federal court within the United
States of America or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to be given
to: First American Title Insurance Company, 1500 S. Dairy Ashford, Suite 300, Houston,
TX 77077, ATTN: Claims Department
•,POLICY OF TITLE INSURANCE
l 1J
C\
4-1/
Policy Page 4
6.
Spction.7 of these Conditions, at its own cost, to institute and prosecute any action
orroceeding or to do any other act that in its opinion may be necessary or desirable
to establish the Title, as insured, or to prevent or reduce loss or damage to the
Insured. The Company may take any appropriate action under the terms of this
policy, whether or not it shall be liable to the Insured. The exercise of these rights
shall not be an admission of liability or waiver of any provision of this policy. If the
Company exercises its rights under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or
permitted by this policy, the Company may pursue the litigation to a final
determination by a court of competent jurisdiction, and it expressly reserves the right,
in its sole discretion, to appeal any adverse judgment or order.
DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to prosecute or
provide for the defense of any action or proceeding and any appeals, the Insured shall
secure to the Company the right to so prosecute or provide defense in the action or
proceeding, including the right to use, at its option, the name of the Insured for this
purpose. Whenever requested by the Company, the Insured, at the Company's
expense, shall give the Company all reasonable aid (i) in securing evidence,
obtaining witnesses, prosecuting or defending the action or proceeding, or effecting
settlement, and (ii) in any other lawful act that in the opinion of the Company may be
necessary or desirable to establish the Title or any other matter as insured. If the
Company is prejudiced by the failure of the Insured to furnish the required
cooperation, the Company's obligations to the Insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to
examination under oath by any authorized representative of the Company and to
produce for examination, inspection, and copying, at such reasonable times and
places as may be designated by the authorized representative of the Company, all
records, in whatever medium maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e -mails, disks, tapes, and videos whether
bearing a date before or after Date of Policy, that reasonably pertain to the loss or
damage. Further, if requested by any authorized representative of the Company, the
Insured Claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine, inspect, and copy all of these records in
the custody or control of a third party that reasonably pertain to the loss or damage.
All information designated as confidential by the Insured Claimant provided to the
Company pursuant to this Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary in the administration of the
claim. Failure of the Insured Claimant to submit for examination under oath, produce
any reasonably requested information, or grant permission to secure reasonably
necessary information from third parties as required in this subsection, unless
prohibited by law or governmental regulation, shall terminate any liability of the
Company under this policy as to that claim.
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LIABILITY
In case of a claim under this policy, the Company shall have the following additional
options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with
any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were
authorized by the Company up to the time of payment or tender of payment and that
the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations of the
Company to the Insured under this policy, other than to make the payment required
in this subsection, shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the
Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the name of an
Insured Claimant any claim insured against under this policy. In addition, the
Company will pay any costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up to the time of
payment and that the Company is obligated to pay; or
(ii) To pay or otherwise settle with the Insured Claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees, and
expenses incurred by the Insured Claimant that wgre authorized by the
Company up to the time of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy
for the claimed loss or damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the Insured Claimant who has suffered loss or damage by reason
of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy shall
not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value of
the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these Conditions and is
unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or damage
determined either as of the date the claim was made by the Insured Claimant or
as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay
those costs, attorneys' fees, and expenses incurred in accordance with Sections 5
and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged defect, lien, or
encumbrance, or cures the lack of a right of access to or from the Land, or cures the
claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals, it shall have fully
performed its obligations with respect to that matter and shall not be liable for any
loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with the
Company's consent, the Company shall have no liability for loss or damage until
there has been a final determination by a court of competent jurisdiction, and
disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability
voluntarily assumed by the Insured in settling any claim or suit without the prior
written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees, and
expenses, shall reduce the Amount of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays under
any policy insuring a Mortgage to which exception is taken in Schedule B or to which the
Insured has agreed, assumed, or taken subject, or which is executed by an Insured after
Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be
deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed
accordance with these Conditions, the payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Wherever the Company shall have settled and paid a claim under this policy, it
shall be subrogated and entitled to the rights of the Insured Claimant in the Title and
all other rights and remedies in respect to the claim that the Insured Claimant has
against any person or property, to the extent of the amount of any loss, costs,
attorneys' tees, and expenses paid by the Company. It requested by the Company,
the Insured Claimant shall execute documents to evidence the transfer to the
Company of these rights and remedies. The Insured Claimant shall permit the
Company to sue, compromise, or settle in the name of the Insured Claimant and to
use the name of the Insured Claimant in any transaction or litigation involving these
Policy Page 3
FIRST AMERICAN TITLE INSURANCE COMPANY
Form 1402.06.A ALTA Owners Policy (6-17-06)
Policy Number: OP 4087049
Issued Simultaneously with Policy #:
Endorsement(s): $
SCHEDULE A
Amount of Insurance: $151,200.00 Premium Amount: $427.40
Date of Policy: November 6, 2009 at 2:28PM
Insured: The City of Fayetteville, Arkansas, a municipal corporation
1. Title to the Fee Simple estate or interest in said land is at date hereof vested in:
The City of Fayetteville, Arkansas
File Number: 19317-09
The estate or interest in the land described or referred to in this Schedule covered by this
policy is Fee Simple in The City of Fayetteville, Arkansas, a municipal corporation, by
warranty deed filed November 6, 2009 at 2:27 PM, recorded as land document #2009-
00035547 of the records of the Circuit Clerk and Ex -Officio Recorder of Washington
County, Arkansas.
2. The land referred to in this Policy is located in the County of Washington, State of Arkansas, and described
as follows:
A part of the NW % of the SW '/ of Section 33, Township 16 North, Range 30 West, Washington County,
Arkansas, being more particularly described as follows: from the Southwest corner of said Section 33, thence
along the West line of said Section 33, North 3 degrees 00 minutes 52 seconds East 1314.91 feet to the SW corner
of said NW % of the SW %, thence along the South line of said NW '/ of the SW 1/4, South 87 degrees 05
minutes 37 seconds East 859.46 feet to the point of beginning, thence North 25 degrees 26 minutes 21 seconds
East 88.92 feet, thence North 70 degrees 26 minutes 21 seconds East 56.57 feet, thence North 25 degrees 26
minutes 21 seconds East 756.75 feet, thence North 15 degrees 09 minutes 32 seconds East 157.01 feet to a point
on the West right of way line U. S. Highway 71; thence along said West right of way line South 4 degrees 35
minutes 50 seconds West 487.71 feet, thence continuing along said West line North 85 degrees 24 minutes 10
seconds West 10.00 feet; thence continuing along said West line South 4 degrees 35 minutes 50 seconds West
469.17 feet to a point on the South line of the NW % of the SW /4 of said Section 33, thence along said South line
North 87 degrees 05 minutes 37 seconds West 371.44 feet to the point of beginning, containing 3.42 acres, more
or less.
FIRST AMERICAN TITLE INSURANCE COMPANY
SCHEDULE B
Policy No. OP 4087049 File Number:
This policy does not insure against loss or damage by reason of the following:
STANDARD EXCEPTIONS:
a. Rights or claims of parties in possession not shown by the public records.
b. Easements or claims of easements, not shown by the public records.
c. Encroachments, overlaps, discrepancies or conflicts in boundary lines, shortage in area, or other matters
which would be disclosed by an accurate and complete survey or inspection of the premises.
d. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
SPECIAL EXCEPTIONS:
Real estate taxes for 2009 and subsequent years, amount of which is not ascertainable, due or payable
2. Covenants, conditions, and restrictions created on title by the Owners' Certificate, Dedication and
Reservations or in any other instrument creating the estate or interest insured by this policy, and in any other
allied instrument referred to in any of the instruments aforesaid, but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status, or national origin to the extent such covenants, conditions or restrictions violated 42 USC
3604(c).
3. Zoning ordinances, resolution, lot -split or lot line adjustment regulations, and subdivision requirements of the
municipality or county in which the insured land is located.
4. Clears Zone Hazard Covenants and Easement executed by The Standard Register Company, to the City of
Fayetteville, filed for record July 26, 1994 at 10:50 AM, and recorded as land document #94045166.
5. Temporary Construction Easement filed for record November 6, 2009 at 2:28 PM as land document #2009-
00035548 of the records of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas.
FIRST AMERICAN TITLE INSURANCE COMPANY
Countersigned: Bronson Abstract Company, Inc.
et
Validating Officer or Agent
Agent License Number: 27157
State License Number: 325303
'H
-
SPECIAL WARRANTY DEED
KNOW ALL PERSONS BY THESE PRESENTS:
/r
Doc ID: 013154280004 Type: REL
Kind: DEED
Recorded: 11/06/2009 at 02:27:11 PM
Fee Amt: $30.00 Paae 1 of 4
Washinaton County. AR
Bette Stamps Circuit Clerk
File2009-00035547
THAT, The Standard Register Company, a corporation organized under the
laws of the State of Ohio, hereinafter called ("GRANTOR"), for and in consideration of
the sum of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid
by The City of Fayetteville, Arkansas, a municipal corporation, hereinafter called
("GRANTEE"), the receipt of which is hereby acknowledged, does hereby (subject to the
terms, covenants, conditions and restrictions set forth below) grant, bargain, sell and
convey unto the said GRANTEE, and unto its successor and assigns forever, certain real
property (the "Property") situate in City of Fayetteville, County of Washington, State of
Arkansas, and more particularly described on Exhibit A which is attached hereto and
made a part hereof by reference.
This conveyance is made by GRANTOR, and accepted by GRANTEE, subject to
all conditions, covenants, restrictions, reservations, leases, exceptions, rights -of -way and
easements of record and all laws, regulations and restrictions, including building and
Oj zoning ordinances of municipal or other governmental authorities applicable to an
enforceable against the Property and all encroachments, protrusions, boundary line
tN, disputes, overlaps, shortages of area, and easements which an inspection of the Property
cj or an accurate survey would disclose, the exceptions set forth on the attached Exhibit B
and the payment of real and personal property taxes and special assessments for the year
2009 and subsequent years.
TO HAVE AND TO HOLD said Property unto the said GRANTEE and unto
GRANTEE'S successor or assigns forever, with all tenements, appurtenances and
hereditaments thereunto belonging, and, subject to the terms, covenants, conditions,
restrictions and provisions contained herein, and in lieu of all other warranties, express or
implied, the GRANTOR hereby covenants with the said GRANTEE the GRANTOR will
forever warranty and defend the title to said Property against all lawful claims and
encumbrances done or suffered by or through GRANTOR, but against none other.
Executed to be effective as of the 30th day of October, 2009.
The Standard Register Company,
an Ohio Corp ration
By' if
(title)
Joseph".organ/ Jr.
ident & CEO
ACKNOWLEDGMENT
STATE OF OHIO }
COUNTY OF MONTGOMERY }
On this 4_ day of November, 2009, before the undersigned Notary Public,
personally appeared Joseph p. Mpcpn, Jr, to me well known, who stated
that (s)he was the President & CEO of The Standard Register Company, an Ohio
corporation, and was duly authorized in that capacity to execute the foregoing instrument
for and in the name and behalf of said company and further stated and acknowledged that
(s)he had signed, executed and delivered said foregoing instrument for the consideration,
uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this
day of November, 2009.
Notary blic
BARBARA J. WIDERA, Notary Public
In and for the State of Ohio
My Commission Fires August 3, 2013
My commission expires:
�uxrect amount stamps
Grantee " - /ellc25ra u Ic��f
Adder r 3 ._5't
f q `✓i!fc-, 1c '7270/
EXHIBIT A
A part of the NW / of the SW '/4 of Section 33, Township 16 North, Range 30 West, Washington
County, Arkansas, being more particularly described as follows: from the Southwest corner of
said Section 33, thence along the West line of said Section 33, North 3 degrees 00 minutes 52
seconds East 1314.91 feet to the SW corner of said NW '/4 of the SW '/4, thence along the South
line of said NW '/4 of the SW 1/4 , South 87 degrees 05 minutes 37 seconds East 859,46 feet to
the point of beginning, thence North 25 degrees 26 minutes 21 seconds East 88.92 feet, thence
North 70 degrees 26 minutes 21 seconds East 56.57 feet, thence North 25 degrees 26 minutes 21
seconds East 756.75 feet, thence North 15 degrees 09 minutes 32 seconds East 157.01 feet to a
point on the West right of way line U. S. Highway 71; thence along said West right of way line
South 4 degrees 35 minutes 50 seconds West 487.71 feet, thence continuing along said West line
North 85 degrees 24 minutes t0 seconds West 10.00 feet; thence continuing along said West line
South 4 degrees 35 minutes 50 seconds West 469.17 feet to a point on the South line of the NW
'/4 of the SW /4 of said Section 33, thence along said South line North 87 degrees 05 minutes 37
seconds West 371.44 feet to the point of beginning, containing 3.42 acres, more or less.
EXHIBIT B
Lot -split or lot line adjustment regulations, and subdivisions requirements of the
County of Washington, State of Arkansas.
2. Clears Zone Hazard Covenants and Easement executed by The Standard Register
Company, to the City of Fayetteville, filed for record July 26, 1994 at 10:50 AM,
and recorded as land document #94045166.
3. The obligations of Grantee undertaken in the unrecorded Offer and Acceptance
Contract for Transfer of Real Property in Lieu of Condemnation dated September
_, 2009, and approved by the City Council of the City of Fayetteville, Arkansas
in Resolution No. 211-09 dated October 6, 2009, all of which are undertaken for
the benefit of the remaining adjacent lands of Grantor.
TEMPORARY CONSTRUCTION EASEMENT
1111111f11lllfff Illlllillllllllllll111III1111f11I11111111Iflllff1llllllllI1111
Doe ID: 013154290005 Type: REL
Kind: EASEMENT
Recorded: 11/06/2009 at 02:28:28 PM
Fee Amt: $35.00 Pane 1 of 5
Washington County. AR
Bette Stamps Circuit Clerk File2009~0003554 Q8
T(tis TEMPORARY CONSTRUCTION EASEMENT (the "Easement") is made the$7*&ay of
2009 by and between THE STANDARD REGISTER COMPANY, an Ohio
corporation ("SRC"), and the CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation (the
"Airport").
Background
The Airport has acquired approximately 3.4 acres of land in Fayetteville, Washington County,
Arkansas, as shown on the drawing attached as Exhibit A (the "Designated Property"), in conjunction
with the proposed relocation of US Highway 71 and the extension of a runway at the Airport. Airport
desires to enter a portion of SRC's property for the purpose of constructing the airport expansion project
(these activities are referred to as the "Work") and SRC has agreed to grant Airport a temporary
construction easement in the areas described on the attached Sched�`I and depicted on the temporary
construction easement map attached as Sched` ulE-2 (collectively the "Easement Property") on the
terms and conditions set out below.
Agreement
1. Tem or Construction Easement. SRC authorizes Airport and its consultants and
contractors to enter the Easement Property for the purpose of performing the Work, at Airport's sole cost
and expense. This Easement is granted for the exclusive limited purpose of performing the Work and for
no other purpose.
2. Com liance with Laws. Airport will obtain all licenses, permits, insurance and other
authorizations required by law, and will otherwise comply with all federal, state and local governmental
laws, rules, regulations and ordinances applicable to the Work.
3. No Interference. Airport will conduct the Work in a manner designed and implemented
to minimize disruption to SRC's business operations. During the prosecution of the Work, SRC's existing
ingress, egress and access to US Highway 71 will not be restricted on more than two occasions, for a
maximum of one hour each time (and Airport will give SRC at least five business days advance written
notice before any such restriction occurs).
4. Restoration. After completion of the Work, Airport will immediately restore the
Easement Property to substantially the same condition as existed before the Work commenced, subject to
improvements Airport has committed to make under the terms of a separate agreement with SRC.
5. Term of A eement. This Easement will expire on the earlier of: (a) the date that Airport
completes the Work; or (b) December 31, 2010 (the "Term").
6. Indem I from Ai ort. Airport and its consultants will enter the Easement Property at
their sole risk and expense. Airport indemnifies SRC and holds it harmless from and against all claims,
damages, losses and other liabilities of any kind or nature (including, without limitation, reasonable
attorneys' fees) arising out of any actual or alleged injury to or death of any person or loss of or damage
to property resulting from any act or omission of Airport, its agents, employees and contractors, in
connection with the performance of the Work. This indemnity will survive the Term of this Easement.
7. Governing Law. This Easement will be governed by, construed and enforced in
accordance with the laws of the State of Arkansas.
8. Entire Agreement. This Easement constitutes the entire agreement between the parties
with respect to the Airport's right to enter the Designated Property and perform the Work, and it may not
be modified in any way, except by a written amendment signed by both parties.
9. Notices. All notices required under this Easement will be in writing and will be
delivered to the addresses listed above, or to any other addresses modified by written notice delivered as
required by this Section. A notice will be deemed to have been duly given if it is: (a) delivered in person,
(b) delivered by any generally available overnight commercial delivery service, or (c) delivered by e-mail
followed by an e-mail from the receiving party, confirming receipt of the notice. All properly delivered
notices will be effective upon receipt (or in the case e-mail, on confirmation of receipt), or on the date that
delivery is refused.
To SRC: 600 Albany Street
Dayton, Ohio 45401-1167
Attn: Gerard D. Sower, Esq., Vice President, Associate General Counsel
E -Mail: Gerard.Sowar(alstandardre ister.com
To Airport:
Attn:
E -Mail:
10. Counterparts / Electronic Transmission. This document may be signed in counterparts
and the signatures on this document may be transmitted electronically. Counterparts of this document
containing the signatures of both parties (whether original or electronically transmitted scanned copies)
will be deemed to create a single, enforceable Easement.
THE STANDARD REGISTER CITY OF FAYETTEVILLE, ARKANSAS
COMPANY, an Ohio corporation a municipal c oration
By k--�--
N me: os h . mor ar Jr. ioneld a a or
Ti : res t & CEO Date:
Date: November 4, 2009
By:
Sopdra Smith ity Clerk
Date: �leCLl� eG 5, QQ 9
• y Y o,.•.G�,
FAYETTEV I LLE ;
9 Fo•f.
9
'oNG T ON��Ga�`•
ACKNOWLEDGMENT
STATE OF OHIO
ss.
COUNTY OF MONTGOMERY
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
Joseph P. Morgan, Jr. , to me well known as the person(s) who executed the foregoing
• document, and who stated and acknowledged that he/she/they is/arePresident & CEO of The
Standard Register Company and is/are duly authorized to execute the foregoing instrument for and in
the name and behalf of said corporation, and further stated and acknowledged that he/she/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 _ I_ day of November, 2009.
JiLL
Notary Public
MY COMMISSION EXPIRES:
BARBARA J. WIDERA, HotFV Public
In and for the State of Ohio
My Commission Expires August 3, 2013
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
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 of the City of Fayetteville, Arkansas, a
municipal corporation, and are duly authorized to in their respective capacities to execute the foregoing
instrument for and in the name and behalf of said municipal 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.
I WITNESS my hand and seal on this day of ✓ , 2009.
hull
Notary Public
MY C M�I�O�1/n XPIRI;S:
, J1.
Schedule E-1
TEMPORARY EASEMENT DESCRIPTION
HIGHWAY 71 RELOCATION
Tract No. 5
PROPERTY DESCRIPTION:
(Deed Records 99-73065)
PERMANENT UTILITY EASEMENT DESCRIPTION:
(NONE)
TEMPORARY CONSTRUCTION AND GRADiNG EASEMENT DESCRIPTION:
A temporary construction and grading easement of variable width located within
the above referenced property as shown on the attached Exhibit "A" Map. This
temporary construction and grading easement contains 48,527 square feet (1.11
acres), more or less, and shall exclude any permanent structures which may be
located or under construction within said temporary construction and grading
easement area during the construction of this project and shall terminate when this
project has been completed and accepted by the City of Fayetteville.
.III T
Schedule E-2
TEMPORARY CONSTRUCTION EASEMENT MAP
TEMPORARY CONSTRUC110N EASEMENT MAP
TCE - 51,093 SQ. FT. (1.17 AC } TRACT MM HG 5 f
I NOT A SURVEY\ \•\
33,
`` norE V BASS or FABEARINR
l 1 OPETtEW
S MIOPIUIIWA1 l
I i }
` g•.iir� 1
1 1 � >•Ei
! 1 \\\
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!,
i �.3 • I irk IToweRwr
1IX - S
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1 !.j 1
orob ` w
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I S11f133edY7 R- - 8 — -- S 8E "`moo —i 8705'37' - 863 27' 1 ..— ..
LEGEtD / I
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765-15531_000 — Tax Parcel Number Temporary Construction Easement
41x2--19 — Deed Record • — Comer of Temporary Construction Easement
TCE — Temporary Construction Easement
Cl/r ►)rV Property Owner : Standard Register Company Protect Name
Y OF Drawn by: McOellcnd Consulting Engineers U.S. HIghway 71 Relocation
Dote: Oct 2009 I Sale : 1' » 2OONo. RevWans Qate
FAYETTEVIILF Project N 072164 Tract No. 5
t
A
S AME4, Policy Page 1
ALTA Owners Policy (6-17-06) 45 r{
PolicyNo. OP
4091551
OWATS JPOLECY 07"' TNUE"INSURANCE"
ISSUED BY
First American Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the
Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS
FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS,
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation
(the "Company") insures, as of Date of Policy and, to the extent stated in
Covered Risks 9 and 10, after Date of Policy, against loss or damage, not
exceeding the Amount of Insurance, sustained or incurred by the Insured
by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk
includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency,
incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer
or conveyance;
(iii) a document affecting Title not properly created, executed,
witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a
document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or
otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the
Public Records including failure to perform those acts by
electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title
by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse
circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land. The term
"encroachment" includes encroachments of existing
improvements located on the Land onto adjoining land, and
encroachments onto the Land of existing improvements located
on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or
governmental regulation (including those relating to building and
zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected
on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public
Records setting forth the violation or intention to enforce, but only to the
extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police
power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded in the Public
Records, but only to the extent of the enforcement referred to in that
notice.
7. The exercise of the rights of eminent domain it a notice of the exercise,
describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on
the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court
order providing an alternative remedy, of a transfer of all or any
part of the title to or any interest in the Land occurring prior to the
transaction vesting Title as shown in Schedule A because that
prior transfer constituted a fraudulent or preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights
laws; or
(b) because the instrument of transfer vesting Title as shown in
Schedule A constitutes a preferential transfer under federal
bankruptcy, state insolvency, or similar creditors' rights laws by
reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii)to impart notice of its existence to a purchaser for value or to a
judgment or lien creditor.
10.Any defect in or lien or encumbrance on the Title or other matter
included in Covered Risks 1 through 9 that has been created or attached
or has been filed or recorded in the Public Records subsequent to Date
of Policy and prior to the recording of the deed or other instrument of
transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses
incurred in defense of any matter insured against by this policy, but only to
the extent provided in the Cofiditions.
Firs tAmerican Title Insurance Company
47,
42304060005 (3/07)
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39VI33AO3 W0H3 SN0ISl10X3
Section 7 of these Conditions, at its own cost, to institute and prosecute any action
or -proceeding or to do any other act that in its opinion may be necessary or desirable
to establish the Title, as insured, or to prevent or reduce loss or damage to the
Insured. The Company may take any appropriate action under the terms of this
policy, whether or not it shall be liable to the Insured. The exercise of these rights
shall not be an admission of liability or waiver of any provision of this policy. If the
Company exercises its rights under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or
permitted by this policy, the Company may pursue the litigation to a final
determination by a court of competent jurisdiction, and it expressly reserves the right,
in its sole discretion, to appeal any adverse judgment or order.
DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to prosecute or
provide for the defense of any action or proceeding and any appeals, the Insured shall
secure to the Company the right to so prosecute or provide defense in the action or
proceeding, including the right to use, at its option, the name of the Insured for this
purpose. Whenever requested by the Company, the Insured, at the Company's
expense, shall give the Company all reasonable aid (i) in securing evidence,
obtaining witnesses, prosecuting or defending the action or proceeding, or effecting
settlement, and (ii) in any other lawful act that in the opinion of the Company may be
necessary or desirable to establish the Title or any other matter as insured. If the
Company is prejudiced by the failure of the Insured to furnish the required
cooperation, the Company's obligations to the Insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to
examination under oath by any authorized representative of the Company and to
produce for examination, inspection, and copying, at such reasonable times and
places as may be designated by the authorized representative of the Company, all
records, in whatever medium maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e -mails, disks, tapes, and videos whether
bearing a date before or after Date of Policy, that reasonably pertain to the loss or
damage. Further, if requested by any authorized representative of the Company, the
Insured Claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine, inspect, and copy all of these records in
the custody or control of a third party that reasonably pertain to the loss or damage.
All information designated as confidential by the Insured Claimant provided to the
Company pursuant to this Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary in the administration of the
claim. Failure of the Insured Claimant to submit for examination under oath, produce
any reasonably requested information, or grant permission to secure reasonably
necessary information from third parties as required in this subsection, unless
prohibited by law or governmental regulation, shall terminate any liability of the
Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LIABILITY
In case of a claim under this policy, the Company shall have the following additional
options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with
any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were
authorized by the Company up to the time of payment or tender of payment and that
the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations of the
Company to the Insured under this policy, other than to make the payment required
in this subsection, shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the
Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the name of an
Insured Claimant any claim insured against under this policy. In addition, the
Company will pay any costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up to the time of
payment and that the Company is obligated to pay; or
(ii) To pay or otherwise settle with the Insured Claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees, and
expenses incurred by the Insured Claimant that were authorized by the
Company up to the time of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy
for the claimed loss or damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation.
B. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the Insured Claimant who has suffered loss or damage by reason
of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy shall
not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value of
the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these Conditions and is
unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or damage
determined either as of the date the claim was made by the Insured Claimant or
as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay
those costs, attorneys' fees, and expenses incurred in accordance with Sections 5
and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged defect, lien, or
encumbrance, or cures the tack of a right of access to or from the Land, or cures the
claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals, it shall have fully
performed its obligations with respect to that matter and shall not be liable for any
loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with the
Company's consent, the Company shall have no liability for loss or damage until
there has been a final determination by a court of competent jurisdiction, and
disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability
voluntarily assumed by the Insured in settling any claim or suit without the prior
written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees, and
expenses, shall reduce the Amount of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays under
any policy insuring a Mortgage to which exception is taken in Schedule B or to which the
Insured has agreed, assumed, or taken subject, or which is executed by an Insured after
Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be
deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in
accordance with these Conditions, the payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under this policy, it
shall be subrogated and entitled to the rights of the Insured Claimant in the Title and
all other rights and remedies in respect to the claim that the Insured Claimant has
against any person or property, to the extent of the amount of any loss, costs,
attorneys' fees, and expenses paid by the Company. If requested by the Company,
the Insured Claimant shall execute documents to evidence the transfer to the
Company of these rights and remedies. The Insured Claimant shall permit the
Company to sue, compromise, or settle in the name of the Insured Claimant and to
use the name of the Insured Claimant in any transaction or litigation involving these
Policy Page 3
rights and ramedies•-
If a payment on account of a claim does not fully cover the loss of the Insured
Claimant, the Company shall deter the exercise of its right to recover until after the
Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to
indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any
terms or conditions contained in those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or controversy shall
be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American
Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder
or consolidation with claims or controversies of other persons. Arbitrable matters may
include, but are not limited to, any controversy or claim between the Company and the
Insured arising out of or relating to this policy, any service in connection with its issuance
or the breach of a policy provision, or to any other controversy or claim arising out of the
transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance
is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured.
All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be
arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant
to this policy and under the Rules shall be binding upon the parties. Judgment upon the
award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it by the
Company is the entire policy and contract between the Insured and the Company. In
interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by any
action asserting such claim shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and
authenticated by an authorized person, or expressly incorporated by Schedule A of
this policy.
(d) Each endorsement to this policy issued at any time is made a tart of this policy
and is subject to all of its terms and provisions. Except as the endorsement expressly
states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify
any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or
unenforceable under applicable law, the policy shall be deemed not to include that
provision or such part held to be invalid, but all other provisions shall remain in full force
.and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has underwritten the
risks covered by this policy and determined the premium charged therefor in reliance
upon the law affecting interests in real property and applicable to the interpretation,
rights, remedies, or enforcement of policies of title insurance of the jurisdiction
where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the
Land is located to determine the validity of claims against the Title that are adverse
to the Insured and to interpret and enforce the terms of this policy. In neither case
shall the court or arbitrator apply its conflicts of law principles to determine the
applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured
against the Company must be filed only in a state or federal court within the United
States of America or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to be given
to: First American Title Insurance Company, 1500 S. Dairy Ashford, Suite 300, Houston,
TX 77077, ATTN: Claims Department
POLICY OF TITLE INSURANCE
4
Policy Page 4
FIRST AMERICAN TITLE INSURANCE COMPANY
Form 1402.06.A ALTA Owners Policy (6-17-06)
Policy Number: OP 4091551
Issued Simultaneously with Policy #:
Endorsement(s): $
SCHEDULE A
Amount of Insurance: $40,200.00 Premium Amount: $140.70
Date of Policy: November 3, 2009 at 8:12AM
Insured: City of Fayetteville
I. Title to the Fee Simple estate or interest in said land is at date hereof vested in:
City of Fayetteville, an Arkansas corporation
File Number: 19316-09
The estate or interest in the land described or referred to in this Schedule covered by this
policy is Fee Simple in City of Fayetteville, an Arkansas corporation, by Special
Warranty Deed filed November 3, 2009 at 8:12 AM, recorded as land document #2009-
00034978 of the records of the Circuit Clerk and Ex -Officio Recorder of Washington
County, Arkansas.
2. The land referred to in this Policy is located in the County of Washington, State of Arkansas, and described
as follows:
A part of the Northwest Quarter (NW ''/a) of the Northwest Quarter (NW ''/a) of Section 4, Township 15 North,
Range 30 West, Washington County, Arkansas, and being more particularly described as follows: from the
Northwest corner of said Northwest Quarter (NW '4) of the Northwest Quarter (NW '/), thence South 87 degrees
03 minutes 23 seconds East 773.21 feet to a point on the East right-of-way line of the Frisco Railroad, thence
along said East line South 8 degrees 10 minutes 12 seconds East 101.87 feet, thence South 87 degrees 03 minutes
23 seconds East 294.41 feet to the point of beginning, thence South 87 degrees 03 minutes 23 seconds East 79.98
feet to a point on the West right-of-way line of U. S. Highway No. 71; thence along said West line South 4
degrees 35 minutes 50 seconds West 362.28 feet; thence North 3 degrees 52 minutes 50 seconds West 169.43
feet; thence North 9 degrees 29 minutes 20 seconds West 73.51 feet; thence North 12 degrees 17 minutes 36
seconds West 127.60 feet to the point of beginning, containing 0.28 acres, more or less.
FIRST AMERICAN TITLE INSURANCE COMPANY
SCHEDULE B
Policy No. OP 4091551
File Number:
This policy does not insure against loss or damage by reason of the following:
STANDARD EXCEPTIONS:
a. Rights or claims of parties in possession not shown by the public records.
b. Easements or claims of easements, not shown by the public records.
c. Encroachments, overlaps, discrepancies or conflicts in boundary lines, shortage in area, or other matters
which would be disclosed by an accurate and complete survey or inspection of the premises.
d. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
SPECIAL EXCEPTIONS:
1. Real estate taxes for 2009 and subsequent years, amount of which is not ascertainable, due or payable.
Covenants, conditions, and restrictions created on title by the Owners' Certificate, Dedication and
Reservations or in any other instrument creating the estate or interest insured by this policy, and in any other
allied instrument referred to in any of the instruments aforesaid, but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status, or national origin to the extent such covenants, conditions or restrictions violated 42 USC
3604(c).
3. Zoning ordinances, resolution, lot -split or lot line adjustment regulations, and subdivision requirements of the
municipality or county in which the insured land is located.
4. Water and Sewer Easement filed for record November 3,, 2009 at 8:10 AM as land document #20009-
00034977 of the records of the Circuit Clerk and Ex -Officio recorder of Washington County, Arkansas.
FIRST AMERICAN TITLE INSURANCE COMPANY
Countersigned: Bronson Abstract Company, Inc.
Validating Officer or Agent
Agent License Number: 27157
State License Number: 325303
. - lllllltlllllllltll�llllll�l�llllll '�
013146250004 Type: REL
Doc ID:
Kind: WARRANTY DEED
Recorded: 11/03/2009 at 08:12:11 AM
Fee Amt: $30.00 Paae 1 of 4
Washington County, AR
Bette Stamps :^00034978
2009
SPECIAL WARRANTY DEED
KNOW ALL PERSONS BY THESE PRESENTS:
THAT COULSON PROPERTIES LIMITED PARTNERSHIP, an Arkansas limited
partnership, hereinafter called ("GRANTOR"), for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, in hand paid by CITY OF FAYETTEVILLE,
an Arkansas corporation, hereinafter called ("GRANTEE"), the receipt of which is hereby
acknowledged, does hereby (subject to the terms, covenants, conditions and restrictions set forth
below) grant, bargain, sell and convey unto the said GRANTEE, and unto its successors and assigns
forever, certain real property (the "Property") situated in Washington County, Arkansas, and more
particularly described on Eihibit A which is attached hereto and made a part hereof by reference.
This conveyance is made by GRANTOR, and accepted by GRANTEE, subject to all
conditions, covenants, restrictions, reservations, leases, exceptions, rights -of -way and easements of
record and all laws, regulations and restrictions, including building and zoning ordinances of
municipal or other governmental authorities applicable to and enforceable against the Property and
all encroachments, protrusions, boundary line disputes, overlaps, shortages of area, and easements
which an inspection of the Property or an accurate survey would disclose, the exceptions set forth
on the attached Exhibit B and the payment of real and personal property taxes and special
assessments for the year 2009 and subsequent years.
As further consideration for this conveyance, GRANTEE does hereby remise, release and
forever discharge GRANTOR and Coulson Oil Company, Inc., and their respective general and
limited partners, shareholders, directors, employees and their respective general and limited partners,
affiliates, officers, directors, shareholders, agents, managers, members, representatives, heirs,
successors and assigns (collectively, "Indemnified Parties"), from any and all claims, demands and
causes of action, at law or in equity, for injury (including death), destruction, loss or damage of any
kind or character, to the person or property of GRANTEE and GRANTEE's agents, employees,
servants and invitees.
This Instrument Was Prepared By:
EVERETTE L. MARTIN, ESQ
Post Office Box 68
North Little Rock, AR 72115
GRANTEE'S ACCEPTANCE AND AFFIDAVIT
The undersigned, on behalf of the GRANTEE, does hereby
accept the above -described Property upon the terms, covenants
and conditions set forth in this Special Warranty Deed, and
certifies under penalty of false swearing that the legally correct
amount of documentary stamps has been placed on this
instru nt. Exempt or no consider tibnn paid if none wn.
G t e's Name]
Address: II_ ?11%
V, 7 Z
As further consideration for this conveyance, GRANTEE agrees to be responsible for and
indemnify and hold Indemnified Parties harmless from any and all claims, demands, causes of action,
at law or in equity, brought by any and all third parties, including without limitation GRANTEE's
agents, employees, servants and invitees, representatives, heirs, successors and assigns and also
including (without limitation) any private citizens, persons, organizations and any agency, branch
or representative of federal, state or local government, on account of any injury (including death),
destruction, loss or damage of any kind or character, to any persons, property or natural resources,
arising out of, or in relation to the condition of the Property from whatever cause, including without
limitation, any actual or alleged spills, leaks or other discharges onto or into the Property which have
occurred prior to or may occur at any time after the effective date of this conveyance.
The conditions, covenants, restrictions and other provisions set out hereinabove shall be
covenants running with the land and shall be binding upon and shall inure to the benefit of the
parties, their subsidiaries, affiliates, legal representatives, heirs, successors and assigns.
TO HAVE AND TO HOLD said Property unto the said GRANTEE and unto GRANTEE's
heirs, successors and assigns forever, with all tenements, appurtenances and hereditaments thereunto
belonging, and, subject to the terms, covenants, conditions, restrictions and provisions contained
herein, and in lieu of all other warranties, express or implied, the GRANTOR hereby covenants with
the said GRANTEE that it will forever warrant and defend the title to said Property against all lawful
claims and encumbrances done or suffered by or through GRANTOR, but against none other.
Executed to be effective as of the_ day of OC 1 C bE' C , 2009.
Coulson Properties Limited Partnership
An Arkansas limited partnership
By: Coulson Properties GP, LLC, general partner
y:
hael B. Coulson, manager
[Acknowledgment Follows]
-2-
STATE OF ARKANSAS )
) ss, Acknowledgment
COUNTY OF PULASKI )
On tliis day, before me, the undersigned, a Notary Public, duly commissioned, qualified and
acting, within and for said County and State, appeared in person the within named Michael B.
Coulson, to me personally well known, who stated that he was the Manager of Coulson Properties
GP, LLC, ("General Partner"), an Arkansas limited liability company, which is the duly authorized
General Partner of Coulson Properties Limited Partnership, an Arkansas limited partnership
("Limited Partnership"), and was duly authorized in that capacity to execute the foregoing instrument
for and in the name and behalf of said General Partner on behalf of the Limited Partnership, and
further stated and acknowledged that he had so signed, executed and delivered said foregoing
instrument for the consideration, uses and purposes therein mentioned and set forth.
h
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal thisgday of
O. abcr 1 2009.
otary Public
My Commission Expires:
EVERErrE L MARTIN
„..„�., Pulaski County
{SEAL} My Commission Expires Septerni er 8,2043
F:ICoulson\CPLP\City of Fayetteville\special_warranty_deed.wpd
-3-
A part of the Northwest Quarter (NW '/) of the Northwest Quarter (NW '/) of Section 4,
Township 15 North, Range 30 West, Washington County, Arkansas, and being more particularly
described as follows: from the Northwest corner of said Northwest Quarter (NW '/4) of the
Northwest Quarter (NW %), thence South 87 degrees 03 minutes 23 seconds East 773.21 feet to a
point on the East right-of-way line of the Frisco Railroad, thence along said East line South 8
degrees 10 minutes 12 seconds East 101.87 feet, thence South 87 degrees 03 minutes 23 seconds
East 294.41 feet to the point of beginning, thence South 87 degrees 03 minutes 23 seconds East
79.98 feet to a point on the West right-of-way line of U. S. Highway No. 71; thence along said
West line South 4 degrees 35 minutes 50 seconds West 362.28 feet; thence North 3 degrees 52
minutes 50 seconds West 169.43 feet; thence North 9 degrees 29 minutes 20 seconds West 73.51
feet; thence North 12 degrees 17 minutes 36 seconds West 127.60 feet to the point of beginning,
containing 0.28 acres, more or less.
EXHIBIT B
None.
This document prepared hy:
Everette L Martin, Esq.
Post 0111cc !ox 68
North Little Rock. AR 72115
WATER/SEWER EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
1 I{ll{111111111111N11Illll 14411 11111 llll{ lull lull lull {llll {{111 IIll1 Ill/ 1{11
Doc ID: 013146240005 Type: REL
Kind: EASEMENT
Recorded: 11/03/2008 at 08:10:57 All
Fee Amt: $35.00 Paae I of 5
Washinaton County. AR
Bette Stamps Circuit Clerk
File2009-00034977
That COULSON PROPERTIES LIMITED PARTNERSHIP, an Arkansas limited
partnership, GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other
valuable considerations to it in hand paid by the CITY OF FAYETTEVILLE, ARKANSAS,
GRANTEE, the receipt of which is hereby acknowledged, does hereby, subject to prior recorded
mortgages and easements, ii' any, and subject to the other terms, covenants and conditions
contained herein, grant, bargain, sell and convey unto the GRANTEE, the following -described
easements:
I. A PERMANENT RIGHT, PRIVILEGE AND EASEMENT and a Temporary
Construction Easement for the purpose of permitting the GRANTEE to clear and keep clear the
surface of the Easement and to lay, construct, maintain, repair, replace, test and inspect any
underground water and/or sewer pipeline or lines and manholes. This Easement is granted on the
condition that the sewer and water lines (collectively, "Pipelines"), be buried to a sufficient depth
that will allow proper cover for the Pipelines, and by acceptance of this Easement, GRANTEE
covenants to do so. Subject to prior easements of record and except as hereinafter stated, the
GRANTEE shall have the non-exclusive use of this Easement. The GRANTOR, its successors
and assigns, may hereafter use the surface of the Easement for any purpose not inconsistent with
the rights hereby conveyed, but may not place any additional building, footing, wall, structure or
other improvement upon the right-of-way except that the GRANTOR, or its successors and
assigns, may pave the Easement surface and may use it for landscaping, driveways, walks,
roadways, streets, sidewalks, trails or parking areas and the GRANTOR may permit other utility
services to cross this Easement at approximately right angles and otherwise utilize this Easement,
but only if such utilities first comply with whatever specifications the GRANTEE may
reasonably designate at the time for the protection of its own facilities. The permanent Easement
and the Temporary Construction Easement shall be upon the lands situated in Washington
County, Arkansas, described on the attached EXHIBIT A, which is incorporated herein by
reference.
GRANTEE acknowledges that a business currently uses the property upon which the
permanent Easement and the Temporary Construction Easement are located. Accordingly,
GRANTEE will at all times use its best efforts to minimize interference with such business
activities and will take reasonable steps to keep invitees and others away from the construction
activities. GRANTEE shall indemnify, defend (with counsel reasonably acceptable to
GRANTOR) and hold harmless GRANTOR and those persons and entities operating the
Property upon which the Easement and Temporary Construction Easement are located from all
claims. damages. loss and injuries arising out of or alleged to have arisen out of, in whole or in
part. GRANTEE'S use of the easements granted herein.
Upon completion of any initial or subsequent work by the GRANTEE, the GRANTEE
shall backfill and thoroughly compact all excavations to minimize settling and shall level the
surface over its excavations and pipelines, remove all excess excavated materials and debris and
maintain and leave the premises in a clean sanitary condition. If the initial or any subsequent
work by the GRANTEE damages any fence, signage, equipment, landscape, pasture, crop, curb
or paved surface upon the rights -of -way, the GRANTEE, at its expense, shall repair or replace
the damaged portion with materials of like quality and as nearly as possible to its prior condition.
As additional consideration for the granting of this Easement and Temporary
Construction Easement by GRANTOR. GRANTOR and GRANTOR'S successors and assigns
and any future fee title owner of any of the real property described on the attached sewer and
waterlines and their respective successors or assigns shall have the right to connect to the sewer
and waterlines without any impact or other connection fees. It is the intent that the waiver of
connection tees be a covenant running with the land for the benefit of the current and future
owners, and their respective heirs, successors and assigns, of the real property described on the
attached Exhibit A and contiguous property owned by GRANTOR.
TO HAVE AND TO HOLD said easements, rights and privileges unto the GRANTEE,
and unto its successors and assigns forever, for the purposes aforesaid, provided however, this
Easement shall terminate and be null and void should GRANTEE fail to commence construction
of the sewer and waterlines on the property by October 1, 2010 and have such sewer and
waterlines completed by December 31, 2011. Within thirty (30) days from the date the sewer and
waterlines are placed in service. GRANTEE shall deliver to GRANTOR an "as built" set of
drawings of the sewer and waterlines Permanent Easement.
And GRAN"1'OR covenants with GRANTEE, its successors and assigns, that subject to
prior recorded mortgages and easements, covenants and restrictions, and the other restrictions,
reservations, covenants and conditions contained herein, it wilt forever warrant and defend the
title to said easements and rights against the claims of all persons done or suffered by or through
GRANTOR but against none other, provided however, if GRANTEE should ever permanently
abandon the use of said right-of-way and easement for the purpose herein conveyed, it shall
revert to the GRANTOR. or its successors or assigns.
ash
EXECUTED TO BE EFFECTIVE this 3 day of October , 2009.
COULSON PROPERTIES LIMITED PARTNERSHIP
By: Coulson Properties GP, LLC, genet artner
lichael B. Coulson, Manager
[Acknowledgment Follows]
2
Water Sewer I aseinent
STATE OF ARKANSAS )
) ss. ACKNOWLEDGMENT
COUNTY OF PULASKI )
On this day personally appeared before the undersigned. a Notary Public within and for
the County and State aforesaid, duly qualified, commissioned and acting, the within named
Michael B. Coulson, to me well known, who stated that he is the Manager of Coulson
Properties CP, LLC. ("General Partner") the duly authorized general partner of Coulson
Properties Limited Partnership ("Partnership") and is duly authorized in that capacity to
execute the foregoing Water/Sewer Easement for and in the name and behalf of the General
Partner on behalf of the Partnership and further stated and acknowledged that he had so signed,
executed and delivered said foregoing instrument for the consideration and purposes therein
mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 36 day
0f G�-'> 3r r , 2009.
My Commission Expires:
(S E A L)
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Permanent Utility
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Temporary Construction Easement
• — Corner of Permanent Utility Easement PUE — Permanent Utility Easement
775-17774--000 — Tax Parcel Number TCE — Temporary Construction Easement
99-73065 — Deed Record
Property Owner : COULSON PROPERTIES Project Name
CITY OF Drawn by: McClelland Consulting Engineers U.S. Highway 71 Relocation
Date: Oct. 2009 Scale : 1' 100' JNo. Revisions Date
FAI'rs TTFVILLF Project No. 072164 Tract No. 2
S. 4.
HIGHWAY 71 RELOCATION
Tract No. 2
PROPERTY DESCRIPTION:
(Deed Record 99-73065)
PERMANENT UTILITY EASEMENT DESCRIPTION:
Part of the Northwest Quarter (NW '4) of the Northwest Quarter (NW %) of
Section 4, T -I5 -N, R -30-W, Washington County, Arkansas, being more
particularly defined as follows:
A 15 foot permanent utility easement of equal and uniform width located
within property described in Deed Record 99-73065. This permanent
utility easement is shown and dimensioned in detail on the attached
Exhibit "A" Map and contains 5,481 square feet (0.13 acres), more or less.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
A temporary construction and grading easement of variable width located along
the West side of the above permanent utility easement as shown on the attached
Exhibit "A" Map. This temporary construction and grading easement contains
6,183 square feet (0.14 acres), more or less, and shall exclude any permanent
structures which may be located or under construction within said temporary
construction and grading easement area during the construction of this project and
shall terminate when this project has been completed and accepted by the City of
Fayetteville.
C:\DOCUM E ---I \Owner\LOCALS -1 \Temp\Temporary Directory 5 for attachments_2009_10_27[ i ].zip\Tract 2
Esmt.doc
Highway 71 Relocation
Parcel No. 765-15531-000
Doc ID; 013324690003 Type: REL
Kind: EASEMENT
WATER/SEWER EASEMENT Recorded. 03/02/2010 at 09:21:08 AM
Fee Amt: $25.00 Page I of 3
Washinaton County. AR
Bette stamps Circuit Clerk
BE IT KNOWN BY THESE PRESENTS: File20i0-00005353
THAT, The Standard Register Company, 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,
do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, I [ 1
Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto
Grantee's successors and assigns, a permanent easement to construct, lay,
remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe
line or lines, manholes on, over, and through the following described land situated
in the County of Washington, State of Arkansas, to -wit:
GRANTOR'S PROPERTY DESCRIPTION: (Deed Ref: 492-19)
A part of the Southwest Quarter of the Northwest Quarter and the Northwest Quarter of the Southwest Quarter of
Section 33, in Township 16 North, Range 30 West, described as follows, to -wit: Beginning at a point on the East
line of the St. Louis & San Francisco Railroad, which point is found by beginning at the Northwest corner of said
Southwest Quarter of the Northwest Quarter of Section 33, and running thence East 46 feet; thence South 40
feet; thence South 12° East 672 feet to said beginning point; and from thence running East 700 feet; thence South
250 feet; thence East 400 feet to the West line of U.S. Highway No. 71; thence South with the West line of said
Highway 1678 feet to the South line of the Northwest Quarter of the Southwest Quarter of said Section 33; thence
West 703 feet to the East line of said Railroad; thence North 12° West 1984 feet to the point of beginning,
containing 38.82 acres, more or less. LESS & EXCEPT that portion conveyed to the City of Fayetteville and
described as a part of the NW'/4 of the SW% of Section 33, Township 16 North, Range 30 West, Washington
County, Arkansas, being more particularly described as follows: from the Southwest corner of said Section 33,
thence along he west line of said Section 33, North 3 degrees 00 minutes 52 seconds East 1314.91 feet to the
SW corner of said NWt/4 of the SW, thence along the South line of said NW% of the SW'/4, South 87 degrees 05
minutes 37 seconds East 859.46 feet to the point of beginning, thence North 25 degrees 26 minutes 21 seconds
East 88.92 feet, thence North 70 degrees 26 minutes 21 seconds East 56.57 feet, thence North 25 degrees 26
minutes 21 seconds East 756.75 feet, thence North 15 degrees 09 minutes 32 seconds East 157.01 feet to a
point on the West right of way line of U.S. Highway 71; thence along said West right of way line South 4 degrees
35 minutes 50 seconds West 487.71 feet; thence continuing along said West line North 85 degrees 24 minutes
10 seconds West 10.00 feet; thence continuing along said West line South 4 degrees 35 minutes 50 seconds
West 469.17 feet to a point on the South line of the NW%4 of the SW'/4 of said Section 33, thence along said
South line North 87 degrees 05 minutes 37 seconds West 371.44 feet to the point of beginning, containing 3.42
acres, more or less.
PERMANENT "EASEMENT PROPERTY" DESCRIPTION:
A permanent easement described as follows: Beginning at a point N87°05'37W 381.44 feet and N25°26'21"E
43.31 feet from the SW corner of the first above described tract also being from the West right of line of US
Highway 71 and running thence N25°26'21"E 21.65 feet to the NE corner of this easement; thence N87°05'37"W
45.00 feet; thence S02 54'23"W 20.00 feet; thence S87°05'37"E 36.70 feet to the point of beginning, containing
817 square feet (0.02 acre), more or less.
TO HAVE AND TO HOLD the following easement unto said Grantee, its successors and assigns, for the
Permitted Uses and for no other purposes; and all such use of the Easement Property will be at Grantee's sole cost and
expense. The Grantee agrees to: (1) obtain all permits, licenses, insurance and other authorizations required by law and to
otherwise conduct all work and other activities on the Easement Property in full compliance with all applicable federal, state
and local governmental laws, rules, regulations and ordinances; and (2) to use the Easement Property in a manner
designed and implemented to minimize disruption to business operations on the Grantor'.s Property orto the exercise of any
rights reserved to Grantor under this Easement.
The said Grantor reserves the right to fully use and enjoy the said Easement Property except for the Permitted Uses
granted to the said Grantee and the restriction on building set out below.
The Grantee and its employees, consultants, contractors and agents will enter the Easement Property at their sole
risk and expense. Grantee hereby indemnifies Grantor and its successors and assigns and holds them harmless from all
claims, damage, losses and other liabilities of any kind or nature (including, without limitation, reasonable attorneys' fees)
arising out of any actual or alleged injury to or death of any person or loss of or damage to property resulting from any act
or omission of Grantee, its employees, consultants, contractors and agents, including but not limited to damages which may
arise to growing crops or fences from the exercise of the above described Permitted Uses. Amounts due under this
agreement will be either agreed by the parties or determined by three disinterested persons; one of whom shall be
WATERISEWEREASEMENT
The Standard Register Company
Page 2
appointed by the said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written
award of such three persons shall be final and conclusive.
The Grantor agrees not to erect any buildings or structures in said permanent Easement Property other than fences
and said fences shall not exceed six (6) feet in height.
The Grantee shall have the right to construct additional water or sewer structures within the above described
permanent Easement Property 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.
All notices required under this Easement will be in writing and will be delivered to the tax mailing address of the
Grantor, and/or to the official address of the Mayor of the Grantee, as applicable.
This Easement constitutes the entire agreement between the parties with respect to the Grantee's rights to enter in
the Easement Property and it may not be modified in any way, except by a written amendment signed by both parties. 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 February, 2010.
Standard Register Company
BY:
n, sir.,
ief Executive Officer
ACKNOWLEDGMENT
STATE OF OHIO
ss.
COUNTY OF MONTGOMERY
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 Joseph P. Morgan, Jr., to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he is the President and Chief Executive
Officer of The Standard Register Company, and is duly authorized in his capacity to execute the foregoing instrument for
and in the name and behalf of said corporation, and further stated and acknowledged that he 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 February, 2010.
MY COMMISSION EXPIRES:
Notary Public
PERMANENT UTIUTY EASEMENT MAP
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765-15531-006 — Tax Parcel Number Permanent U1ILITY Easement
492-19 — Deed Record y corner of Permanent Utility Easement
1T�J�7 OF Property Owner : Stoldard Reglstsr Company Project Norne
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i s Drawn by : Mt:Clgtland Consulting Engineers U.S., highway 71 Relfocotlal
T *� r aa Revision* Dote
FA YET EV LLCr Date- Na'Nam- 2009 Scale : 1 � = 2DU
Project No. 072164 Troct No. 5
IflllIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllllllllllllllllllllllllllll
Doc ID: 013324700003 Type: REL
Highway 71 Relocation Kind: EASEMENT
Parcel No. 765-15531-000 Recorded: 03/02/2010 at 09:22:02 AM
Fee Amt: $25.00 Paae 1 of 3
Washington Countv. AR
DRAINAGE EASEMENT Bette Stamps Circuit Clerk
File2010-00005354
BE IT KNOWN BY THESE PRESENTS:
THAT, The Standard Register Company, hereinafter called
GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other I 0 1
good and valuable consideration, the receipt of which is hereby acknowledged,
do 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 drainage easement to excavate,
construct, maintain, repair and/or replace an earthen retaining levee, drainage tile
area, open ditch, concrete channel and/or concrete inlet box on, over, and
through the following described land situated in the County of Washington, State
of Arkansas, to -wit:
GRANTOR'S PROPERTY DESCRIPTION: (Deed Ref: 492-19)
A part of the Southwest Quarter of the Northwest Quarter and the Northwest Quarter of the Southwest Quarter of
Section 33, in Township 16 North, Range 30 West, described as follows, to -wit: Beginning at a point on the East
line of the St. Louis & San Francisco Railroad, which point is found by beginning at the Northwest corner of said
Southwest Quarter of the Northwest Quarter of Section 33, and running thence East 46 feet; thence South 40
feet; thence South 12° East 672 feet to said beginning point; and from thence running East 700 feet; thence South
250 feet; thence East 400 feet to the West line of U.S. Highway No. 71; thence South with the West line of said
Highway 1678 feet to the South line of the Northwest Quarter of the Southwest Quarter of said Section 33; thence
West 703 feet to the East line of said Railroad; thence North 12° West 1984 feet to the point of beginning,
containing 38.82 acres, more or less. LESS & EXCEPT that portion conveyed to the City of Fayetteville and
described as a part of the NW/4 of the SW%4 of Section 33, Township 16 North, Range 30 West, Washington
County, Arkansas, being more particularly described as follows: from the Southwest corner of said Section 33,
thence along he west line of said Section 33, North 3 degrees 00 minutes 52 seconds East 1314.91 feet to the
SW corner of said NW%4 of the SW, thence along the South line of said NW% of the SW'/4, South 87 degrees 05
minutes 37 seconds East 859.46 feet to the point of beginning, thence North 25 degrees 26 minutes 21 seconds
East 88.92 feet, thence North 70 degrees 26 minutes 21 seconds East 56.57 feet, thence North 25 degrees 26
minutes 21 seconds East 756.75 feet, thence North 15 degrees 09 minutes 32 seconds East 157.01 feet to a
point on the West right of way line of U.S. Highway 71; thence along said West right of way line South 4 degrees
35 minutes 50 seconds West 487.71 feet; thence continuing along said West line North 85 degrees 24 minutes
10 seconds West 10.00 feet; thence continuing along said West line South 4 degrees 35 minutes 50 seconds
West 469.17 feet to a point on the South line of the NW'/4 of the SW%4 of said Section 33, thence along said
South line North 87 degrees 05 minutes 37 seconds West 371.44 feet to the point of beginning, containing 3.42
acres, more or less.
PERMANENT DRAINAGE "EASEMENT PROPERTY" DESCRIPTION:
A permanent drainage easement being described as follows, to -wit: Beginning at a point on the South line of the
above described tract N87°05'37"W 371.44 feet from the Southeast corner of said property also being at the right
of way of U.S. Highway 71 and running thence N87°05'37"W 113.85 feet; thence N00°38'24"E 58.81 feet; thence
S89°23'40"E 143.05 feet; thence S25 26'21"W 69.84 feet to the point of beginning of this easement, containing
7,879 square feet (0.18 acres), more or less.
TO HAVE AND TO HOLD the following easement unto said Grantee, its successors and assigns, for the
Permitted Uses and for no other purposes; and all such use of the Easement Property will be at Grantee's sole cost and
expense. The Grantee agrees to: (1) obtain all permits, licenses, insurance and other authorizations required by law and to
otherwise conduct all work and other activities on the Easement Property in full compliance with all applicable federal, state
and local governmental laws, rules, regulations and ordinances; and (2) to use the Easement Property in a manner
designed and implemented to minimize disruption to business operations on the Grantor's Property or to the exercise of any
rights reserved to Grantor under this Easement.
The said Grantor reserves the right to fully use and enjoy the said Easement Property except for the Permitted Uses
granted to the said Grantee and the restriction on building set out below.
The Grantee and its employees, consultants, contractors and agents will enter the Easement Property at their sole
risk and expense. Grantee hereby indemnifies Grantor and its successors and assigns and holds them harmless from all
claims, damage, losses and other liabilities of any kind or nature (including, without limitation, reasonable attorneys' fees)
arising out of any actual or alleged injury to or death of any person or loss of or damage to property resulting from any act or
omission of Grantee, its employees, consultants, contractors and agents, including but not limited to damages which may
arise to growing crops or fences from the exercise of the above described Permitted Uses. Amounts due under this
DRAINAGE EASEMEIf
The Standard Register Company
Page 2
agreement will be either agreed by the parties or determined by three disinterested persons; one of whom shall be
appointed by the said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written
award of such three persons shall be final and conclusive.
The Grantor agrees not to erect any buildings or structures in said permanent Easement Property other than fences
and said fences shall not exceed six (6) feet in height.
The Grantee shall have the right to construct additional drainage structures within the above described permanent
Easement Property 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.
All notices required under this Easement will be in writing and will be delivered to the tax mailing address of the
Grantor, and/or to the official address of the Mayor of the Grantee, as applicable.
This Easement constitutes the entire agreement between the parties with respect to the Grantee's rights to enter in
the Easement Property and it may not be modified in any way, except by a written amendment signed by both parties. 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 I day of February, 2010.
The Standard Register Company
1, Jr.,
ief Executive Officer
ACKNOWLEDGMENT
STATE OF OHIO
ss.
COUNTY OF MONTGOMERY
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 Joseph P. Morgan, Jr., to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he is the President and Chief Executive
Officerof The Standard Register Company, and is duly authorized in his capacity to execute the foregoing instrument for
and in the name and behalf of said corporation, and further stated and acknowledged that he 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 February, 2010.
MY COMMISSION EXPIRES:
4 5 11
.)
Notary Public
:a TERESA L. MYERS, Notary Public
• Z In and for the State of Ohio
r�' My Commission Expires Apra 5,2011
PERMANENT DRAINAGE EASEMENT MAP
PUE - 7,879 SQ. FT. (0.18 AG.) j
TRACT MAP ND. 5
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SECTION 33
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LEGEND
76S-15531-060 — kac Porcel Ntmbcr Font Or816Ie Easement
492-19 — Deed Rccard ♦ -- Comer of Permanent Drainage Easement
Property Owner : StmdarO Register Company Project Narnc :
CITY OF Dravn by : MoOlg1lood Conrulting Engineers U.S. Highway 71 Retocatien
�j ` y�7 lJtp��jT r No. Revisions Date
,FAA l}TT TIED UaCE OCt. 2004 SCaIe : t" = 2B0'
Project No. 072184 1-roct Na 5
INlf fiiillliiillfli111 iffllfrillhill f11111!10!
KindEASEIIENT
Highway 71 Relocation Doc ID: 013324710004 Type : REL
Parcel No. 765.15531-000 :
Recorded: 03/02/2030 at 09:22:47 AM
Fee Amt: $30.00 Paae 1 of 4
washlnaton County, AR
UTILITY EASEMENT Bette stamps Circuit Clerk
BE IT KNOWN BY THESE PRESENTS: File2010-00005355
THAT, The Standard Register Company, hereinafter called
GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and others 1
good and valuable consideration, the receipt of which is hereby acknowledged,
do 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 utility easement for use by
AT&T to excavate, construct, maintain, repair and/or replace telephone, television
and internet cable and fiber optic lines on, over, and through the following
described land situated in the County of Washington, State of Arkansas, to -wit:
GRANTOR'S PROPERTY DESCRIPTION: (Deed Ref: 492-19)
A part of the Southwest Quarter of the Northwest Quarter and the Northwest Quarter of the Southwest Quarter of
Section 33, in Township 16 North, Range 30 West, described as follows, to -wit: Beginning at a point on the East
line of the St. Louis & San Francisco Railroad, which point is found by beginning at the Northwest corner of said
Southwest Quarter of the Northwest Quarter of Section 33, and running thence East 46 feet; thence South 40
feet; thence South 12° East 672 feet to said beginning point; and from thence running East 700 feet; thence South
250 feet; thence East 400 feet to the West line of U.S. Highway No. 71; thence South with the West line of said
Highway 1678 feet to the South line of the Northwest Quarter of the Southwest Quarter of said Section 33; thence
West 703 feet to the East line of said Railroad; thence North 12° West 1984 feet to the point of beginning,
containing 38.82 acres, more or less. LESS & EXCEPT that portion conveyed to the City of Fayetteville and
described as a part of the NW% of the SW'/4 of Section 33, Township 16 North, Range 30 West, Washington
County, Arkansas, being more particularly described as follows: from the Southwest corner of said Section 33,
thence along he west line of said Section 33, North 3 degrees 00 minutes 52 seconds East 1314.91 feet to the
SW corner of said NW/4 of the SW , thence along the South line of said NW/4 of the SW'/4, South 87 degrees 05
minutes 37 seconds East 859.46 feet to the point of beginning, thence North 25 degrees 26 minutes 21 seconds
East 88.92 feet, thence North 70 degrees 26 minutes 21 seconds East 56.57 feet, thence North 25 degrees 26
minutes 21 seconds East 756.75 feet, thence North 15 degrees 09 minutes 32 seconds East 157.01 feet to a
point on the West right of way line of U.S. Highway 71; thence along said West right of way line South 4 degrees
35 minutes 50 seconds West 487.71 feet; thence continuing along said West line North 85 degrees 24 minutes
10 seconds West 10.00 feet; thence continuing along said West line South 4 degrees 35 minutes 50 seconds
West 469.17 feet to a point on the South line of the NW/4 of the SW/4 of said Section 33, thence along said
South line North 87 degrees 05 minutes 37 seconds West 371.44 feet to the point of beginning, containing 3.42
acres, more or less.
PERMANENT UTILITY "EASEMENT PROPERTY" DESCRIPTION:
A part of the NW /4 of the SW /4 of Section 33, T -16-N, R -30-W, Washington County, Arkansas being more
particularly described as follows: From the Southwest corner of the Northwest Quarter (NW Y4) of the Southwest
Quarter (SW'/) of said Section 33, thence along the South line of said NW 1/4 of the SW /4 South 87°05'37" East
859.46 feet, thence North 2526'21" East64.96 feet to the POINT OF BEGINNING, thence North 87°05'37" West
10.83 feet; thence North 25°26'21" East 32.25 feet; thence North 70°26'21" East 56.57 feet; thence North
25°26'21" East 751.71 feet; thence North 15°09'32" East 209.75 feet to a point on the West Right of Way line
U.S. Highway 71; thence along said West Right of Way line South 4°35'50" West 54.56 feet; thence leaving said
West Right of Way line South 15°09'32" West 157.01 feet; thence South 25°26'21" West 756.75 feet; thence
South 70°26'21" West 56.57 feet; thence South 2526'21" West 23.96 feet to the POINT OF BEGINNING,
containing 0.23 acres, more or less.
TO HAVE AND TO HOLD the following easement unto said Grantee, its successors and assigns, for the
Permitted Uses and for no other purposes; and all such use of the Easement Property will be at Grantee's sole cost and
expense. The Grantee agrees to: (1) obtain all permits, licenses, insurance and other authorizations required bylaw and to
otherwise conduct all work and other activities on the Easement Property in full compliance with all applicable federal, state
and local governmental laws, rules, regulations and ordinances; and (2) to use the Easement Property in a manner
designed and implemented to minimize disruption to business operations on the Grantor's Property or to the exercise of any
rights reserved to Grantor under this Easement.
The said Grantor reserves the right to fully use and enjoy the said Easement Property except for the Permitted Uses
granted to the said Grantee and the restriction on building set out below.
The Grantee and its employees, consultants, contractors and agents will enter the Easement Property at their sole
risk and expense. Grantee hereby indemnifies Grantor and its successors and assigns and holds them harmless from all
AT&T— City Easement
The Standard Register Company
Page 2
claims, damage, losses and other liabilities of any kind or nature (including, without limitation, reasonable attorneys' fees)
arising out of any actual or alleged injury to or death of any person or loss of or damage to property resulting from any act
or omission of Grantee, its employees, consultants, contractors and agents, including but not limited to damages which may
arise to growing crops or fences from the exercise of the above described Permitted Uses. Amounts due under this
agreement will be either agreed by the parties or determined by three disinterested persons; one of whom shall be
appointed by the said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written
award of such three persons shall be final and conclusive.
The Grantor agrees not to erect any buildings or structures in said permanent Easement Property other than fences
and said fences shall not exceed six (6) feet in height.
The Grantee shall have the right to construct additional drainage structures within the above described permanent
Easement Property 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.
All notices required under this Easement will be in writing and will be delivered to the tax mailing address of the
Grantor, and/or to the official address of the Mayor of the Grantee, as applicable.
This Easement constitutes the entire agreement between the parties with respect to the Grantee's rights to enter in
the Easement Property and it may not be modified in any way, except by a written amendment signed by both parties. 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 S Jday of February, 2010.
The Standard Register Company
BY:
ose h P. d n, Jr.,
resi ent d ief Executive Officer
ACKNOWLEDGMENT
STATE OF OHIO
ss.
COUNTY OF MONTGOMERY
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 Joseph P. Morgan, Jr., to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he is the President and Chief Executive
Officer of The Standard Register Company, and is duly authorized in his capacity to execute the foregoing instrument for
and in the name and behalf of said corporation, and further stated and acknowledged that he 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 ( .41 day of February, 2010.
MY COMMISSION EXPIRES:
TERESA L. MYERS, Nosy, Public
In and for the State ofOhlo
My Commission Expires Apr@I 5,2011
DRAKE FIELD 1 HWY 71 B
Tract No. 5
Parcel No. 765-15531-000
PROPERTY DESCRIPTION:
(Deed Record 492-19)
PERMANENT UTILITY EASEMENT DESCRIPTION:
A part of the NW'/ of the SW ¼ of Section 33, T -16-N, R -30-W, Washington County, Arkansas
being more particularly described as follows:
From the Southwest corner of the Northwest Quarter (NW') of the Southwest Quarter (SW ¼)
of said Section 33, thence along the South line of said NW ¼ of the SW'! South 87°05'37" East
— 859.46 feet, thence North 2526'21" East - 64.96 feet to the POINT OF BEGINNING, thence
North 87°05'37" West —10.83 feet; thence North 25°26'21" East — 32.25 feet; thence North
70°26'21" East — 56.57 feet; thence North 25°26'21" East — 751.71 feet; thence North 15°09'32"
East - 209.75 feet to a point on the West Right of Way line U.S. Highway 71; thence along said
West Right of Way line South 4°35'50" West — 54.56 feet; thence leaving said West Right of
Way line South 15°09'32" West — 157.01 feet; thence South 25°26'21" West -- 756.75 feet;
thence South 70°26'21" West — 56.57 feet; thence South 25'26'21" West - 23.96 feet to the
POINT OF BEGINNING, containing 0.23 acres, more or less.
PERMANENT UTILITY EASEMENT MAP
PUE 10,223 SQ. FT. (0.23 AC.) TRACT MAP NO. 5
EXHIBIT "A"
NOT A SURVEY
I LINE TABLE
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NUMBER DIRECTION DISTANCE
Li N 25'26'21" E 64.96'
L2 N 8705'37" W 10.83'
L3 N 2526'21" E 32.25'
L4 N 70'26'21" E 56.57'
L5 N 25'26'21" E 751.71'
L6 N 150932" E 209.75'
L7 S 043550" W 54,56'
L8 S 15'0932" W 157.01'
L9 S 2526'21" W 756.75'
L10 S 70'26'21" W 56.57'
L11 S 25'26'21" W 23.96'
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LEGEND
765-15531-000 — Tax Parcel Number E. :•:I Permanent UTILITY Eosernent
492-19 — Deed Record s — Corner of Permanent Utility Easement
Properly Owner : Standard Register Company I Project Name
CITY OF :
V Drawn by : McClelland Consulting Engineers U.S. Highway 71 Relocation
rip Date; Jon. 2010 Scale : 1" 200' No. Revisions Dote
FriYETTEULL Project No. 072164 Tract No. 5