HomeMy WebLinkAbout192-10 RESOLUTIONRESOLUTION NO. 192-10
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK
CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY
DAVID AND SUSAN DRUDING, RICKY LEON AND DAWN SPARKS,
RICHARD LEE WATSON, BILLY P. AND JUDY K. ROSS, JERRY STOPPEL
AND HERMAN A. STOPPEL, FUNLAND R.B.S., INC., AND EARL F. AND
MURLENE G. WEBB, NEEDED FOR THE CATO SPRINGS ROAD
WIDENING PROJECT
WHEREAS, the City of Fayetteville and certain property owners have been unable to
agree on a fair price for the portions of property owned by each of them which is needed for
rights-of-way and utility easements, and
WHEREAS, the City of Fayetteville needs to gain possession of these property promptly
to begin work on improvements to Cato Springs Road.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the City Attorney to file suit to seek court-ordered possession of property located on Parcel No.
765-08415-000 and owned by David and Susan Druding that is needed for right-of-way and a
utility easement for improvements to Cato Springs Road, and to pay into the registry of the
Circuit Court just compensation therefor.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the City Attorney to file suit to seek court-ordered possession of property located on Parcel No.
765-08414-000 and owned by Ricky Leon and Dawn Sparks that is needed for right-of-way and
a utility easement for improvements to Cato Springs Road, and to pay into the registry of the
Circuit Court just compensation therefor.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the City Attorney to file suit to seek court-ordered possession of property located on Parcel No.
765-08226-000 and owned by Richard Lee Watson that is needed for right-of-way and a utility
easement for improvements to Cato Springs Road, and to pay into the registry of the Circuit
Court just compensation therefor.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the City Attorney to file suit to seek court-ordered possession of property located on Parcel No.
765-15047-010 and owned by Billy P. and Judy K. Ross that is needed for right-of-way and a
utility easement for improvements to Cato Springs Road, and to pay into the registry of the
Circuit Court just compensation therefor.
Page 2
Resolution No. 192-10
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the City Attorney to file suit to seek court-ordered possession of property Iocated on Parcel No.
765-15371-000 and owned by Jerry Stoppel and Herman A. Stoppel that is needed for right-of-
way and a utility easement for improvements to Cato Springs Road, and to pay into the registry
of the Circuit Court just compensation therefor.
Section 6. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the City Attorney to file suit to seek court-ordered possession of property located on Parcel No.
765-03013-000 and owned by Funland R.B.S., Inc. that is needed for right-of-way and a utility
easement for improvements to Cato Springs Road, and to pay into the registry of the Circuit
Court just compensation therefor.
Section 7. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the City Attorney to file suit to seek court-ordered possession of property located on Parcel No.
765-15352-000 and owned by Earl F. and Murlene G. Webb that is needed for right-of-way and
a utility easement for improvements to Cato Springs Road, and to pay into the registry of the
Circuit Court just compensation therefor.
PASSED and APPROVED this 2nd day of November, 2010.
APPROVED: ATTEST:
B
By:pr,�-�,�.,�',w4A)
SO DRA E. SMITH, City Clerk/Treasurer
FAYETTEVILLE:
a n
`f,//A,'70N CP,�,,`•
�e
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
11/2/2010
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
Development Services
Department
Approval of a Resolution authorizing the City Attorney to seek condemnation and orders of possession of certain
lands necessary for the Cato Springs Road Improvements Project.
$
55,590.00
Cost of this request
4520.9520.5805.00
Account Number
06035.1200
Project Number
$
20,550,065.00
Category / Project Budget
5,943,400.68
Transportation Bond Street Impts
Program Category / Project Name
Land Acquisition
Funds Used to Date Program / Project Category Name
14,606,664.32 2006A Sales Tax Construction
Remaining Balance Fund Name
Budgeted Item x Budget Adjustment Attached
Department Di ctor
Finance and Internal Services Director
Eo•l5(WO
Date
it -la
Date
(0--Zoto
Date
1u.. /k-,)
Date
(,KSA6
Dat
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City l U -15-19P02:45 is C V u
Clerk's Office
09)
Comments:
Revised January 15, 2009
'Fa. eville
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
www.accessfayetteville.org
CITY COUNCIL AGENDA MEMO
City Council Meeting of November 2, 2010
To: Mayor Jordan and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Director of Development Services
From: Chris Browna)
Date: October 15, 2010
Subject: Approval of a Resolution authorizing the City Attorney to seek condemnation and orders of
possession of certain lands necessary for the Cato Springs Road Improvements Project.
PROPOSAL:
The Cato Springs Road Improvements Project, from South School to Razorback Road, is a part of the Street
Bond Improvements Project. The project is also partially funded by a federal earmark. One of the requirements
of the earmark funding is that all properties must be acquired prior to advertising for bids.
The owners of the attached properties have expressed various concerns and have refused to sign right-of-way
and easement documents as based on their concerns. These properties represent 8 of the total 34 properties to
be acquired. Staff will continue to negotiate with these property owners to avoid condemnation whenever
possible. However, due to the federal requirements previously mentioned, it is imperative that the right of way
be acquired in a timely manner so as not to delay the bidding and construction of the project.
RECOMMENDATION:
Staff recommends approval of a Resolution authorizing the City Attorney to seek possession by condemnation
of portions of properties along Cato Springs Road.
BUDGET IMPACT:
The payment for land acquisition will be made from the project budget allocated for the Cato Springs Road
Improvements Project, which is funded by the Transportation Bond Fund. The agenda item staff review form
indicates $55,590 as the cost of this request. It should be noted that this is an estimate, based on the appraised
values of the properties, and that the final cost is subject to negotiation with the property owners or by court
order. The appraised value will be deposited into the Registry of the Circuit Court as just compensation when
the condemnation complaint is filed for each property.
Attachments: Right of Way Plans and property exhibits.
CAS& /4 17 5um,hArj'
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK
CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY
DAVID AND SUSAN DRUDING, RICKY LEON AND DAWN SPARKS,
RICHARD LEE WATSON, BILLY P. AND JUDY K. ROSS, JERRY STOPPEL
AND HERMAN A. STOPPEL, FUNLAND R.B.S., INC., AND EARL F. AND
MURLENE G. WEBB, NEEDED FOR THE CATO SPRINGS ROAD
WIDENING PROJECT
WHEREAS, the City of Fayetteville and certain property owners have been unable to
agree on a fair price for the portions of property owned by each of them which is needed for
rights-of-way and utility easements, and
WHEREAS, the City of Fayetteville needs to gain possession of these property promptly
to begin work on improvements to Cato Springs Road.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the City Attorney to file suit to seek court-ordered possession of property located on Parcel No.
765-08415-000 and owned by David and Susan Druding that is needed for right-of-way and a
utility easement for improvements to Cato Springs Road, and to pay into the registry of the
Circuit Court just compensation therefor.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the City Attorney to file suit to seek court-ordered possession of property located on Parcel No.
765-08414-000 and owned by Ricky Leon and Dawn Sparks that is needed for right-of-way and
a utility easement for improvements to Cato Springs Road, and to pay into the registry of the
Circuit Court just compensation therefor.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the City Attorney to file suit to seek court-ordered possession of property located on Parcel No.
765-08226-000 and owned by Richard Lee Watson that is needed for right-of-way and a utility
easement for improvements to Cato Springs Road, and to pay into the registry of the Circuit
Court just compensation therefor.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the City Attorney to file suit to seek court-ordered possession of property located on Parcel No.
765-15047-010 and owned by Billy P. and Judy K. Ross that is needed for right-of-way and a
utility easement for improvements to Cato Springs Road, and to pay into the registry of the
Circuit Court just compensation therefor.
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the City Attorney to file suit to seek court-ordered possession of property located on Parcel No.
765-15371-000 and owned by Jerry Stoppel and Herman A. Stoppel that is needed for right-of-
way and a utility easement for improvements to Cato Springs Road, and to pay into the registry
of the Circuit Court just compensation therefor.
Section 6. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the City Attorney to file suit to seek court-ordered possession of property located on Parcel No.
765-03013-000 and owned by Funland R.B.S., Inc. that is needed for right-of-way and a utility
easement for improvements to Cato Springs Road, and to pay into the registry of the Circuit
Court just compensation therefor.
Section 7. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the City Attorney to file suit to seek court-ordered possession of property located on Parcel No.
765-15352-000 and owned by Earl F. and Murlene G. Webb that is needed for right-of-way and
a utility easement for improvements to Cato Springs Road, and to pay into the registry of the
Circuit Court just compensation therefor.
PASSED and APPROVED this 2nd day of November, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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LAND AGENTS' CASE HISTORY
Melody Lynn Moubarak
Tract 4
Cato Springs Road
6/28/2010 Packet mailed with offer letter, map, WD, GUE, TCE, and
vendor forms.
7/13/2010 HJ met with Ali Moubarak (husband of Melody and son-in-
law of Betty Fields, Tract 5). Requested more simplified
plans.
7/14/2010 Simplified plans with aerial overlay and color -coding e-
mailed to Mr. Moubarak.
7/19/2010 Counter offer letter from Melody Moubarak. Counter offer =
$10,000, original offer = $3,550.
7/29/2010 In-house e-mail discusses raising square foot value to $4.75,
but would only amount to $4,900.
8/12/2010 Side letter mailed. Revised offer based on $3.75/sq. ft., total
of $4,500 with promise of new concrete driveway.
8/19/2010 Follow-up e-mail to Mr. Moubarak stating negotiations are
still underway.
8/31/2010 Letter from Melody Moubarak refusing City's counter of
$4,500 and countering back with $9,000.
9/10/2010 Cannot justify $9,000. May need to go to court.
9/27/2010 Notification letter sent advising of Oct. 19 City Council
meeting.
10/15/2010 Final offer letter with total of $6,750.00.
10/15/2010 Notification letter from Jason Kelley advising of Nov. 2 City
Council meeting.
765-0841i-000
JAMERSON PROPERTIES, LLC
2005,53800
LOT 19
NO3'22'32"E
10.95'
EXT-. R/w
*Saction Line
SW 1/4, SE I/4
SEC. 20h T -16-N. R -30-W
765-08412-000
MELODY LYNN MOUBAREK
2007-11629
LOT 20
587'51'20'E
24.77'
25.42'
8.48'
MEADOW VALE SUBDIVISION
BLOCK 6
$g
587'51'20"E
N8T21'00"W
N87'28'29"W
CATO SPRINGS RD.
EXT. R/W-
* NOTE: HWY 71 --15TH ST. (FAYETTEIALLE)
ARKANSAS STATE HIGHWAY COMMISSION
RIGHT OF WAY MAP
JOB 40039 WASHINGTON COUNTY
SHEET 4 of 6
LOT 21
Q:
0
0.
100.02'
/1/
///l//////�:
100.01'
100.01'
6.28'
p.0.8.
PROP. R/W-- 492 S.F.
EXIST. R/W- 637 S.F.
TOTAL 1,129 S.F.
PROP. TEMPORARY CONSTRUCTION
EASEMENT -753 S.F.
• FOUND 1/2" PIPE
SCALE: 1" = 30'
765-08413-000
BETTY A. FIELDS
98-105915
LOT 22
5E Comer
SW 1/4, SE 1/4
Sect on 20
T -16—N, R -30—W
503'22'32"W
11.62'
EXT. R/W
*N8728'24'W 353.51'
EXHIBIT
FEB. 2010
LAND ACQUISITION
MELODY LYNN MOUBAREK
765.08411-000
JAMERSON PROPERTIES, LLC
2005-53800
O
LOT 19
NO3'22'32"E
10.95'
1
E%T. R/W
*Section Line
SW 1/4, SE 1/4
SIC. 20, T -15-N. R -30-W
765-08412-000
MELODY LYNN MOUBAREK
2007-11629
LOT 20
MEADOW VALE SUBDNISION
BLOCK 6
a
cccc
0
o.
0.: w
o cn
aa. w
S87'51'20"E, 100.02' f J
W////////////1///////// �//// /-
8.48' NWT -21'00"W 100.01'. - 8:2e'
N87'28'29"W 100.01'
CATO SPRINGS RD.
EXT. R/W-- —
* NOTE- HWY 71 -15TH ST. (FAYETTEVILLE)
ARKANSAS STATE HIGHWAY COMMISSION
RIGHT OF WAY MAP
JOB 40039 WASHINGTON COUNTY
SHEET 4 of 6
-P.0.8.
PROP. R/W----- 492 S.F.
EXIST. R/W--- 637 S.F.
SCALE: 1" = 30'
765-06413.000
BETTY A. FIELDS
98-105915
CD
LOT 22
SE Corner
SW 1/4, SE 1/4
r�
Sq t1 20
R -3.7-W
S03'22'32"W
11.62'
EXT. -R/W
*N8728'2a'W 353.51'
TOTAL 1,129 S.F.
EXHIBIT
FEB. 2010
UTILITY EASEMENT
MELODY LYNN MOUBAREK
LAND AGENTS' CASE HISTORY
Betty A. Fields
Tract 5
Cato Springs Road
6/28/2010 Packet mailed with offer letter, map, WD, GUE, TCE, and
vendor forms.
7/13/2010 HJ met with Ali Moubarak (son-in-law of Betty Fields).
Requested more simplified plans.
7/14/2010 Simplified plans with aerial overlay and color -coding e-
mailed to Mr. Moubarak.
7/19/2010 Counter offer letter from Betty Fields. Counter offer =
$15,000, original offer = $6,600.
7/21/2010 In-house e-mail discusses raising square foot value to $4.75,
but would only amount to $8,310.
8/12/2010 Side letter mailed. Revised offer based on $3.75/sq. ft., total
of $7,400 with promise of new concrete driveway.
8/19/2010 Follow-up e-mail to Mr. Moubarak stating negotiations are
still underway.
8/31/2010 Letter from Betty Fields refusing City's counter of $7,400 and
countering back with $14,000.
9/10/2010 Cannot justify $14,000. May need to go to court.
9/27/2010 Notification letter sent advising of Oct. 19 City Council
meeting.
10/15/2010 Final offer letter with total of $10,700.00.
10/15/2010 Notification letter from Jason Kelley advising of Nov. 2 City
Council meeting.
765-08412-000
MELODY LYNN MOU8AREK
2007.11629
CD
LOT 21
NO3'22'32"E
11.62
EXT. R/W
SW 1/4, SE 1/4
SEC. 20, T -16-N. R -30-W
765-08413-000
BETTY A. FIELDS
98-105915
MEADOW VALE SUBDIVISION
BLOCK 6
LOT 22
S87'51'20 -E
47.19'
*Section Lire
CATO SPRINGS RD.
EXT. R/W
PROP. R/w-- 580 S.F.
EXIST. R/W--- 615 S.F.
TOTAL 1,195 S.F.
N87'21'00'W
.N87.728'29"..W.
PROP. TEMPORARY CONSTRUCTION
EASEMENT -1,286 S.F.
* NOTE: HWY 71 --15TH ST. (FAYETTEVILLE)
ARKANSAS STATE HIGHWAY COMMISSION
RIGHT OF WAY MAP
JOB 40039 WASHINGTON COUNTY
SHEET 4 of 6
LOT 23
SCALE: 1* - 30'
76508414.000
RICKY LEON 8 DAWN SPARKS
2002-51159
LOT 24
SE Corner
SW 1/4, SE 1/4
Section 20
T -16—N, R -30—W
S03'22'32"W
12.28'
100.01'
100.01'---,-, -,
6.04' * N8T26'29 W 253.60'
P.D.B.
EXHIBIT
FEB. 2010
LAND ACQUISITION
BETTY A. FIELDS
1
765-08412.000
MELOOY LYNN MOUBAREK
200771629
LOT 21
NO3'22'32"E
11.62
LOT 22
SW 1/4, SE 114
SEC. 20, T -16-N. R -30-W
765-08413-000
BETTY A. FIELDS
98-105915
MEADOW VALE SUBDIVISION
BLOCK 6
ce
0
0:
LOT 23
b z 1i
0
1
SCALE: 1" = 30'
76568414.000
RICKY LEON & DAWN SPARKS
2002.51159
LOT 24
SE Comer
See
SM� 2 0 1/4
7-18-N, R -30-W
S03'22'32"W
12.28'
CATO SPRINGS RD.
6.26'
N8721'00'W
EXT. R/W
PROP. R/W-- 580 S.F.
EXIST. R/W----- 615 S.P.
TOTAL 1,195 S.F.
* NOTE• HWY 71 -15TH ST. (FAYETTEVILLE)
ARKANSAS STATE HIGHWAY COMMISSION
RIGHT OF WAY MAP
JOB 40039 WASHINGTON COUNTY
SHEET 4 of 6
loam 6.64' f
._- * N87'28'28'W 253.50'
100.01.:......-.......,.._..
EXHIBIT
FEB. 2010
UTILITY EASEMENT
BETTY A. FIELDS
LAND AGENTS' CASE HISTORY
David Druding and Susan Druding
Tract 7
Cato Springs Road
6/28/2010 Packet mailed with offer letter, map, WD, GUE, TCE, and
vendor form.
7/9/2010 Re -mailed packet to different address.
7/22/2010 David Druding called because his neighbors received packet
but he had not. He will pick up packet. Added highlighted
plans. He hopes to talk to owners of Tracts 4, 5, & 6.
7/27/2010 HJ met with Ricky Sparks and David Druding (Tract 7).
8/25/2010 PL sent aerial images with contours via e-mail.
8/27/2010 E-mail from David Druding. Mr. Sparks parks his truck on Mr.
Druding's property.
9/1/2010 Letter from David Druding. Very concerned about trees and
plants.
9/2/2010 E-mail to accompany above letter.
9/2/2010 E-mail from PL regarding time frame of project.
9/9/2010 E-mail to PL. Mr. Druding wants to be able to use loading
dock once again and wants property accessible by tractor -
trailer. Also, very concerned about preserving 130 yr. old
cottonwood tree.
9/24/2010 HJ & PL met with Mr. Druding on site.
9/28/2010 E-mail from PL about revision made to driveway and access.
9/29/2010 E-mail from Mr. Druding asking about re-routing around
cottonwood tree.
10/15/2010 Notification letter from Jason Kelley advising of Nov. 2 City
Council meeting.
0.58'
765.08414 000
RICKY LEON 5 DAWN SPARKS
2002-51159
LOT 25
NO3'22'32"E
32.95'
ExT, R/w-
*Section Line
SW 1/41 SE 1/4
SEC. 20, T -1p -N. R -30-W
765-08415-000
DAVID & SUSAN DRUDING
92-34372
MEADOW VALE SUBDIVISION
BLOCK 6
~lZ� LOT 26
26.40'
SCALE: I" .• 30'
D �
rn
w
CV W
O fi
z `� 1 \,
fY i 6 1
! f1y 1 r
Ai 6, r i SE Corner
587'5020•E 37.32' a 0 O J sw 1/4, SE 1/4
‘)/. % %\ , Q/ p b i 6. Sec
���� .� 7 0- .0 r stoic., 20
T -16-N, R -30-w
70
37.32'.
/ 587'51'20"E
/ / / / /
587'21'00.'N
76.69'
///
N87'28'29'1.4 110.11'
CATO SPRINGS R
*W37'28'2914 43.45'
RECORD • 148.5' (PER MEADOW VALE SUED. PLAT)
MEASURED . 153.56'
ti
EXT. R/w
PROP. R/N-- 1,405 S.F.
EXIST. R/N--- 625 S.F.
TOTAL
2,030 S.F.
PROP, TEMPORARY CONSTRUCTION
EASEMENT -560 S.F.
• FOUND I/2" REBAR-BENT
* NOTE: I-iNY 71-15TI-I ST. (FAYETTEVILLE)
ARKANSAS STATE 1-11G1-11^1AY COMMISSION
RIGHT OF NAY MAP
JOB 40031 NASH3NGTON COUNTY
SHEET 4 of b
EXHIBIT 1
AUG. 2008 l
LAND ACQUISITION
DAVID SUSAN DRUDING
?65.08414.000
RICKY LEON 8 DAWN SPARKS
2002-51159
CCD
LOT 25
NO3'22'32"E
12.15'
Exr_ R/W
SW 114, SE I/4
SEC. 20, T- 16-N. R -30-W
765-08415-000
DAVID & SUSAN DRUDING
92-31372
u_
lfi
r
T-
1 -
MEADOW VALE $ 6 DIVISION 1
BLOCKF- N87'013'40" E
0 w 20.56' w
Il0coN
N Nin
P
A\A/ `O11) _
.
rz.
—� �6
N87'26'37E 67.1` �
a\�
4.0 Or
ir
h
X587'51'20"E
//////
* Sect on Line L 5.82
587'21100'H
NS7'28'21'N
'SCALE: I" • 30'
T--
rn
frI
N �
,p
;j.
G ? ; i15 SE Corner
t SW 1/4, SE 1/4
I «- Section 20
S T--16-14, R -30-W
,
'1i
0'
76.61'
///
101.17'
CATO SPRINGS RD.
�.
_- * N87'2g'2e1" . 43.45'
P.0.8.
RECORD . 148.5' (PER I"1EADa' VALE 5830. PLAT)
MEASURED • 153.56'
EXT. R/W
PROP. R/N-- 1,405 S.F.
EXIST. R/H--- 625 S.F.
TOTAL.
2,030 S.F,
• FOUND 1/2' REBAR-BENT
*NOTE: NNY 71-151-14 ST. (FAYETTEVILLE)
ARKANSAS STATE 11G1-INAY COMMISSION
RIGA -1T OF NAY MAP
JOB 40039 HAS$-IINGTON COUNTY
SI-IEET 4 of
EXINIBIT
AUG 2008
UTILITY EASEMENT
DAVID t SUSAN DRUDING
LAND AGENTS' CASE HISTORY
Northwest Property Management
Tract 12
Cato Springs Road
6/28/2010 Packet mailed with offer letter, map, WD, GUE, TCE, and
vendor forms.
7/2/2010 Halley Hoggatt requested that the property be staked.
July 2010 Mr. Hoggatt came in numerous times to discuss project with
PL and Land Agents. Concerned about drainage, parking,
future setbacks, retaining walls, lost revenue, etc. He was
informed that lost revenue is subjective and will not be
reimbursed.
7/22/2010 List of questions/concerns from Mr. Hoggatt regarding issues
with his specific property.
8/10/2010 Side letter addressing above-mentioned list of
questions/concerns.
8/12/2010 Mr. Hoggatt spoke with PL and CB about side letter.
9/10/2010 No counter offer received
9/27/2010 Notification/Side letter drawn up. Cato Springs parking
expanded, slope decreased. Parking spot created on
Garland. Letter not mailed.
9/27/2010 Halley came in. Still not happy with parking situation on
Garland, would like more than one space. He was allowed to
read letter dated 9/27/2010. He will double-check to see if
parking will be adequate.
9/28/2010
Halley came by. He has set an appointment for Tuesday,
Oct. 5, to meet with Jason Kelley, Assistant City Attorney to
discuss lost rent.
10/15/2010 Side letter and final offer with total of $11,695.00
10/15/2010 Notification letter from Jason Kelley advising of Nov. 2 City
Council meeting.
S. GARLAND
0
0
rn
41
O
z
SW 114, SW 1/4
SEC. 21, T -16-N. R -30-W
765-15058-000
WAYNE KELLER
S87'01'06 "E
20.65'
15.00'
0
b,
N
0
765-15057-000
NORTHWEST PROPERTY MANAGEMENT
2005-54867
S8618'48' E
0.00'
�
i
Ili
����586'18'48"E .• 101,48' �S.�
SW CORNER
21-16='30. .„
S86'43'12"E
120.00'
0
SCALE: 1" = 30'
765-15061-000
NICOLE J. HENDRICKSON
2001-71398
CATO SPRINGS RD.
P.O.B.
N8713'23"W
135.00'
PROP. R/W-- 1,686 S.F.
EXIST. R/W--- 4,042 S.F.
TOTAL 5,728 S.F.
PROP. TEMPORARY
CONSTRUCTION EASEMENT
-900 S.F.
Section Line
EXT R/W-
EXT. R/W
EXHIBIT
FEB. 2010
LAND ACQUISITION
NORTHWEST PROPERTY
MANAGEMENT
////moi
S. GARLAND
0
0
0
O
Z
A
0
8T01'06"E
20.65'
SW 1/4, SW 1/4
SEC. 21, T -16-N. R -30-W
765-15058000
WAYNE KELLER
5.00'
a
0
a
oai a:'syo
SW CORNER
21-16-30..
765-15057-000
NORTHWEST PROPERTY MANAGEMENT
2005-54867
S8618'48"E 101,48'
/ / /
/ .//7 S86'43'12"E 120.00' b, o
r- 17.
0 0
N Cri
SCALE: 1" = 30'
C3
765-15061-000
NICOLE J. HENDRICKSON
2001-71396
Section Line
EXT. R/W-
CATO SPRINGS RD.
P.0.6.
145713'23"W
135.00'
PROP. R/W-- 1,686 S.F.
EXIST. R/W--- 4,042 S.F.
TOTAL 5,728 S.F.
EXT. R/W
EXHIBIT
FEB. 2010
UTILITY EASEMENT
NORTHWEST PROPERTY
MANAGEMENT
LAND AGENTS' CASE HISTORY
Richard L. Watson
Tract 21
Cato Springs Road
6/28/2010 Packet mailed with offer letter, map, WD, GUE, TCE, and
vendor form.
7/8/2010 Note to file regarding above -ground pool which will need to
be moved. Was under the impression that Mr. Watson had
contacted either PL or CB about this.
9/7/2010 Reminder letter sent.
9/10/2010 No further contact with the City.
9/27/2010 Notification letter sent advising of Oct. 19 City Council
meeting.
10/15/2010 Notification letter from Jason Kelley advising of Nov. 2 City
Council meeting.
THE BUNGALOWS AT
CATO SPRINGS
LOT 3
N0316'30"E
5.59'
—EXT. R/W- —
P.O.B.
SW 1/4, SW 114
SEC. 21, T -16-N, R -30-W
765-08226.000
RICHARD LEE WATSON
1127-138
McCUNTON'S SECOND ADDMON
LOT 14
SW CORNER
LOT 14
McCUNTON'S 2nd Add.
// ////////
N8713'23"W
EXT. R/W
S66 -24'..37"E.
N6614'36"E
22.74'
14.32'
109.92'
///////////////
130.17'
CATO SPRINGS RD.
PROP. R/W—(894 S.F.)
PROP. TEMPORARY
CONSTRUCTION EASEMENT
-311 S.F.
SCALE: 1" = 30'
Q
LrJ
Z
U•
503'14'56"W
16.59'
Section line
EXHIBIT
FEB. 2010
LAND ACQUISITION
RICHARD LEE WATSON
SW 1/4, SW 1/4
SEC. 21, T•I6-N. R -30-W
THE BUNGALOWS AT
CATO SPRINGS
LOT 3
110.316.30"E
5.59'
EXT. R/W
765-08226-000
RICHARD LEE WATSON
1127-138
McCLINTON'S SECOND ADD$T10N
LOT 14
EXT. 10' U.E.
(Inst. No. I-148)
SW CORNER
LOT 14
MoCLINTON'S 2nd Add.
t`
C a
N6614'36"E
22.74'
ce
/)///////77///t/E 109.92'
CLOVER DR.
cri
N87'13'23"W 130.17
EXT. R/W
/J
CATO SPRINGS RD.
VZ/,1
PROF'. R/W—(894 S.F.)
SCALE: 1" = 30'
CLINE AVE.
U1
�503'14'S6"W
1&.59'
Section Line
EXHIBIT
FEB. 2010
UTILITY EASEMENT
RICHARD LEE WATSON
LAND AGENTS' CASE HISTORY
Ronald L. Troutman
Tract 31
Cato Springs Road
7/1/2010 Packet mailed with offer letter, map, WD, GUE, TCE, and
vendor form.
7/16/2010 Letter from Mr. Troutman saying he is seeking his own
appraisal from The Real Estate Consultants.
8/5/2010 Letter from Mr. Troutman requesting more information and
copy of our appraisal.
8/12/2010 Informational letter sent along with construction plans, copy
of appraisal by Reed & Associates, and explanation of
damages.
9/7/2010 Reminder letter sent.
9/10/2010 No further contact with the City.
9/27/2010 Notification letter sent advising of Oct. 19 City Council
meeting.
10/12/2010 Letter from Mr. Troutman with list of concerns and backup
info from appraiser and fencing company. He is requesting
total of $12,185 (which includes full fee simple for
permanent. easement).
10/15/2010 Counter offer letter with total of $9,951.50. Only offered 50%
of fee for permanent easement.
10/15/2010 Notification letter from Jason Kelley advising of Nov. 2 City
Council meeting.
265.95'
765-08415-000
DAVID & SUSAN ORUDING
9234372
CD
$''
V1
C
r
in
ff
1*1
`� ...�. —
S87'28'29"E 149.33'
z
0
4,1
w CATO SPRINGS RD.
GI V'
Ua 00
3Q
165.i 5391-0 T2
8105/500 REALr- LLC
2006.10992
10.94'
EXT. R/W
N87'54'02"w 148.86'
Section 29
P.0.0.
N88'48'31 "W 83.54'
765-15399-001
RONALD L. TROUTMAN
2005-7590
EXIST. R/W--- 4,779 S.F.
PROP. R/W-- 2,164 S.F.
TOTAL 6,943 S.F.
4, FOUND 1/2" PIN
NW 1/4, NE 1/4
SEC. 29, T -16-N. R -30-W
N87'28'29"W
13.84'
NE CORNEA
NW 1/4,NE 1/411
...._._......_ StiC. 29
T 15--N
CURVE
RADIUS
C1
5781.00'
ARC LENGTH
46.64'
DELTA
CHD LENGTH
CHD BEARING
00'27'44
46.64'
C2
5781.00'
30.94
00"18'24
30.94'
S 0715'53" E
S 07'11'13" E
C3
5781.00'
15.80'
00'09'24"
15.80' I S 07'25'03" E
i
i
ARKANSAS 6 641550UR1
RAILROAD
Bk 1205. Py 317
lnsl- NU. 2001.2807 /
NE 1/4, NE 1/4
SEC. 29, 3.16-N. R -30-W
EXHIBIT
FEB 2010
LAND ACQUISITION
RONALD L. TROUTMAN
765.08.41 S.060
DAVID d SUSAN DRUDfNG
02-34372
265.95'
-
S87'2$'29 149.33'
CATO SPRINGS RD.
EXT. R/w
76.i133y?012
710RA2E0 RLA! TY. LLC
2006.30192
N87'54'02"W
10.94'
48.86'
Seetion
P.O.B.
1
20
NNE CORNER
NW 1/4,NE 1/4
--- _--- SEC. 29
T—I6-9
R -30—W
N88'48'31 "W 83.54'4.
1
N87'28'29"W
13.84'
a
0
765-15399-001
RONALD L. TROUTMAN
2005-7590
EXIST. R/W--- 4,779 S.F.
PROP. R/W--- 2,159 S.F.
TOTAL
6,938 S.F.
a FOUND 1/2" PIN
NW 1/4, NE 1/4
SEC. 29, T -16-N. R -30-W
CURVE
RADIUS
ARC LENGTH
DELTA
CHD LENGTH
C1
5781.00'
46.64'
00'27'44"
46.64'
C2
5781.00
30.94
00'18'24"
30.94'
CHD BEARING
S 07'15'53" E
S 0711'13" E
C3
5781.00'
15.70'
00.09'20
15.70
5 0775'05" E
i
i
i
ARKANSAS 0 MISs0UR1
RAILROAD
8k. 1206, Pg 317
Inst. No. 2001.20071
NE 1/4, NE 1/4
SEC. 29, T -16-N. R -30-W
EXHIBIT
FEB 2010
UTILITY EASEMENT
RONALD L. TROUTMAN
LAND AGENTS' CASE HISTORY
Funland RBS, Inc.
Tract 35
Cato Springs Road
7/1/2010 Packet mailed with offer letter, map, WD, GUE, TCE, and
vendor form.
7/21/2010
CaII from Don Wilson, Attorney, saying he was reviewing
packet for Funland's owners and would call back in a couple
of weeks.
9/7/2010 Reminder letter sent.
9/10/2010 No further contact with the City.
9/27/2010 Notification letter sent advising of Oct. 19 City Council
meeting.
10/15/2010 Notification letter from Jason Kelley advising of Nov. 2 City
Council meeting.
DETAIL
EXT. R/w
Scale: 1"=100'
CATO SPRINGS RD.
Section Line N87'28'29•W
NO2'31'31"E
9.01'
76503015-001
ARLEY & DORS J.
VAN BRUNT
94-8030
/11
/>/
l/1/A
SEE DUAL MOSE
7/Ct1N87 6e34 W ////z/./(//j(l/
LOT 3
ce
0
re
0
a
30' WIDE
UNNAMED STREET
PER BROAD ACRES
NO2'35'48'E
27.96'
Q' 1
#'1-0G�
765.03013-000
FUNLAND R.B.S., INC
LOT 6 1393-857
LOT 11
PROP. R/W- 3,493 S.F.
PROP. TEMPORARY
CONSTRUCTION
EASEMENT -1,119 S,F.
40.00'
+0.00'
N87'24'12 -W
P.08.
LOT 2
LOT 7
30' WkDE
VACATED STREET
(PER ORD- No. 1268
Ok. 555, Pg 397)
LOT 10
NIi 1/4, NE 114
SEC. 29, 1-16-N. R -30-W
297.00'
1 -T
'S0231'31 "W
9.23'
38.76'
SO735'48' 9
27.99'
•.•1
NE CORNER
29-16-30
36
765-03012.000
10N 0,0186
YONG J. SHEN
2004-41738
LOT 8
LOT 9
EXHIBIT
FEB 2010
LAND ACQUISITION
FUNLAND R.B.S., INC.
EXT. R/W
Scale: 1"=100'
CATO SPRINGS RD,
NO2'31'31-E
9.01'
765A3015-001
HARLEY 8 DORIS J.
VAN GRUNT
94-6030
Section Lino
383-00'
822.6_3
--�
LOT 3
0
a
d
30' WIDE
UNNAMED STREET
PER BROAD ACRES
9 -CS
Q,G
oCv
765-03013-000
FUNLAND R,B.S., INC
LOT 6 1393-857
LOT 11
NE 1/4, NE 1/4
SEC. 29, T -16-N. R -30-W
PROP. R/W- 3,493 S.E.
LOT 7
30' WIDE
VACATED STREET
(PER ORD. No. 1268
Bk. 555, Pg 397)
LOT 10
7
S02'31'31 "W
19.23"
297.00'.._
NE CORNER
29--36--30
705.03012.000
JUNG XIA8
YONG J- SCHEN
200 4-11 73 9
LOT 8
LOT 9
EXHIBIT
FEB 2010
UTILITY EASEMENT
FUNLAND R.B.S., ENC.
LAND AGENTS' CASE HISTORY
Earl F. & Murlene Webb
Tract 56
Cato Springs Road
7/19/2010 Packet mailed with offer letter, map, WD, and vendor form.
7/20/2010 Letter from Earl Webb requesting staking of property.
7/23/2010 DVD staked property.
7/26/2010 Message left for Mr. Webb that staking done.
8/5/2010 Mr. Webb called. He had not had a chance to go by property
yet. Will do so today.
Aug. 2010 HJ tries several times to set appointment to meet with Mr.
Webb. Never happens.
9/10/2010 No further contact.
9/27/2010 Notification letter sent advising of Oct. 19 City Council
meeting.
10/4/2010 HJ met with Earl Webb on site. He wants sidewalks and
drainage.
10/14/2010 HJ and PL met with Mr. Webb and his attorney, Janet
Gallman, on site.
10/15/2010 Notification letter from Jason Kelley advising of Nov. 2 City
Council meeting.
T
N17'29'4915.00'\
5S
765-08321-000
SHARON K. STE WART
2004-05843
MEADOWLARK ADDITION
BLOCKI
LOT 1
rD�
qg i>p2R M4P
N75 21
//
® PROP. R/W- ------ 2,483 S.F.
1
SCALE: 1' = 30'
1 /
SeciFpn Line — 1/
<'2 E�--
1g5,1pR�S
v
•w R
20,5.63.
330.02'5
' 13.95'
56
'
765-15352.600
F. S MURLENE G WEBB
2002-81280
�Y
II-�
1
J
I�
O
/02
1
NW 1/4, NE 1/4
SEC. 28, 1'-16-N. R -30-W
EXHIBIT
FEB 2010
RESOLUTION NO.
A RES UTION AUTHORIZING THE CITY ATTORN TO SEEK
CONDEMNATION AND POSSESSION OF CERTAIN LAN�S OWNED BY
DAVID ND SUSAN DRUDING, NORTH W T PROPERTY
MANAGEM T, RICHARD LEE WATSON, RONAI L. TROUTMAN,
FUNLAND R. S., INC., AND EARL F. AND MURLE G. WEBB NEEDED
FOR THE CAT SPRINGS ROAD WIDENING PROJ CT
WHEREAS, the Cit of Fayetteville and certain property owners have been unable to
agree on a fair price for the p rtions of property owne by each of them which is needed for
rights -of -way and utility easeme ts, and
WHEREAS, the City of Fa etteville needs t gain possession of these property promptly
to begin work on improvements to Cto Springs Rq�d.
NOW, THEREFORE, BE I1 RESO)VED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKA AS//
Section 1. That the City CounCil,A3f e City of Fayetteville, Arkansas hereby authorizes
the City Attorney to file suit to seek co rt-or red possession of property located on Parcel No.
765-08415-000 and owned by DavidAnd Susa Druding that is needed for right-of-way and a
utility easement for improvements 6 Cato Spri s Road, and to pay into the registry of the
Circuit Court just compensation th efor.
Section 2. That the City Council of the City o Fayetteville, Arkansas hereby authorizes
the City Attorney to file suit t seek court -ordered pos ssion of property located on Parcel No.
765-15057-000 and owned b Northwest Property Mana ement that is needed for right-of-way
and a utility easement for irIprovements to Cato Springs R ad, and to pay into the registry of the
Circuit Court just compen tion therefor.
Section 3. Tha the City Council of the City of Fayette ille, Arkansas hereby authorizes
the City Attorney to f e suit to seek court -ordered possession o roperty located on Parcel No.
765-08226-000 and wned by Richard Lee Watson that is neede for right-of-way and a utility
easement for impr vements to Cato Springs Road, and to pay in the registry of the Circuit
Court just compe ation therefor.
Section 4. That the City Council of the City of Fayetteville, A ansas hereby authorizes
the City Atto ey to file suit to seek court -ordered possession of prope located on Parcel No.
765-15399-901 and owned by Ronald L. Troutman that is needed for rig t -of way and a utility
easement f r improvements to Cato Springs Road, and to pay into the r gistry of the Circuit
Court just compensation therefor.
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the City Attorney to file suit to seek court -ordered possession of property located on Parcel No.
765-03013-000 and owned by Funland R.B.S., Inc. that is needed for right-of-way and a utility
easement for improve ents to Cato Springs Road, and to pay into the registry of the Circuit
Court just compensationerefor.
Section 6. That the'city Council of the City of Fayetteville, A,kansas hereby authorizes
the City Attorney to file suit seek court -ordered possession of pr erty located on Parcel No.
765-15352-000 and owned by arl F. and Murlene G. Webb that i needed for right-of-way and
a utility easement for improve nts to Cato Springs Road, an to pay into the registry of the
Circuit Court just compensation th refor.
PASSED and APPROVED this "° day of
APPROVED: A'
LIONELD JORDAN, Mayor
er, 2010.
T:
SONDRA E. SMITH, City Clerk/Treasurer
PLEASE REVIEW THIS I" MESSAGE BEFORE VOTING ON CONDEMNATION OF MY PROPERTY TONITE.
thanks, david druding
From: druding@juno.com
To: hjones@ci.fayetteville.ar.us
Cc: jpate c@ci. fayetteville. ar.us,plibertini@ci, fayetteville.ar.us
Subject: cato_springs _road _negotiations
Date: Tue, 2 Nov 2010 15:15:59 GMT
good morning Holly Jones,
I have been pretty preoccupied the last couple of days. I rent a small garage from a friend over on 46th St.
near Wedington Dr. Someone literally kicked thru the pedestrian door last Sat. nite or very early Sunday
morning, Halloween, and relieved me of several thousand dollars worth of autobody and mechanic's tools
and most of my welding equipment including my new Millermatic wire feed MEG welder. That
neighborhood just east of the shop along the south side of Wedington is rapidly deteriorating into arental
slum area. As I travel along Betty Jo and some of the other streets near there it appears this neighborhood
may become at least one "poor side of town" where this kind of crime could become common place. I am
busy removing all the rest of my shop equipment and 2 older 60's vintage "muscle" cars I was working on
there before the thieves return.
But back to the business at hand, I thought I should get back in touch since I have not heard anything from
you since I came in last Friday and we spoke about the eminent domain proceedings that will be initiated
soon if we do not come to an agreement. Incidentally, I never received the hard copy of that revised Offer
Letter as you stated would be arriving in the mail. You might want to check and see that you sent it to me
at 107 S. West Ave., Fayetteville, AR 72701. 1 had learned from Earl Webb last Thurs. late afternoon that
the city had settled with Medd across the street from Earl and had paid him $5/sq.ft. plus a
hefty "damages" award. I guess that you and the other land acquisition officer who you conferred with
when you told me that $4.50 was the highest amount that had been paid for property up until then were
both unaware of that settlement.
I have also spoken with another gentleman who faced this same dilemma recently on Mt. Comfort or
Porter Rd. in the road expansion going on there. He explained he regretted having settled for the $10/sq.ft.
he had accepted since he now has comps. showing the property worth considerably more than that figure.
He agreed that the property along the UofA's Technology Corridor and city's "Green" Business Park where
I am located is most certainly worth more than the $12/sq.ft. figure I presented to you last Friday.
Also I want to acknowledge that it appears that the univer. and the city may well have scaled back their
original plans of having a 4 lane corridor along Cato Springs Rd. from Razorback Rd. to School as was
initially planned in the architectural renderings I saw back 3yrs. ago. I think it is safe to assume that once
the AR Hiway Dept. or whoever finally has the funds available and replaces the present 2 lane bridge
there east of me on Cato Springs Rd. that the third lane presently being built cast of that bridge will be
pushed on thru west to Razorback.
I appreciate your removal from the description of uses for this "Permanent Easement" any "construction
&. ..enlargement of a roadway" as part of the possible uses that the city wants to retain. I also understand
that you explained its inclusion in both the original Offer Letter that I and my neighbors received as well
as the revised Offer Letter I was emailed last Tues., Oct. 26th was "mistakenly" included by the city's
attorney who drew it up. But I think we both understand it is unlikely that this easement will remain solely
a "general utility easement" as the entire city's negotiating team has repeatedly referred to it when talking
to the property owners who must relinquish their land for this street expansion. I assume that the reference
to "construction...of a sidewalk" will be undertaken in this "Permanent Easement" as soon as this 3rd lane
is installed in what is now being explained as needed for the 6.ft. "green space" and 6ft. extra wide
sidewalk. While my neighbor's will not have a fourth lane of traffic zipping by on this "enhanced corridor"
to the UofA's Technology Park I think it safe to assume this "General Utility Easement" that is being
described as remaining as a portion of their front yards directly in front of their houses will be a concrete
extra wide sidewalk once the 3rd lane of traffic is added.
Again, if I am mistaken with that intent for this "General Utility Easement" and this wording was also
"mistakenly" added to all our Offer Letters I would be happy to accept 25% of a NEW price per sqft. for
this easement. If, on the other hand, this sidewalk relocation is part of the picture when a 3rd lane is added
to Cato Springs Rd. in front of my property I cannot accept its taking for 25% of the cost per sq.ft. that I
will receive for the Right of Way purchase from the city.
I do not know whether the city still plans to initiate condemnation proceedings tonite at the city council
meeting. I want to express my thank you for the time and effort that the city's negotiating team has put
into attempting to negotiate with me over the terms under which I will surrender the portion of my
property needed to accomplish your corridor enhancement goals. I am willing to continue negotiating
directly with you about the final aspect of my Offer Letter, the financial terms, and I do appreciate our
being able to iron out the design issues we have resolved. But I hope you understand that if the city
council decides to initiate condemnation proceedings against me the nature of these negotiations will have
to change and I will be forced to retain legal counsel myself.
Hoping to hear back from you or another representative of the city before we have to begin
communicating only through lawyers and prepare for a court proceeding.
sincerely, david druding phone: 479.521.5677 email: drudingjuno.com
From: drudintr iuno.com
To: hjones@ci.fayetteville.ar.us
Subject: copy of side letter delivered earlier today
Date: Fri, 29 Oct 2010 17:08:15 GMT
hello again Holly,
I thought it might be more convenient for you and less paper needed if you had a computer file copy of
my side letter we just discussed. Here it is attached.
Thank you for explaining to me about the differences between the Permanent Easement and the R/W title
transfer that we are negotiating.
have a Happy Halloween, david
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
N/A - Mayors Signature Only
City Council Meeting Date
Agenda Items Only
Chris Brown
Submitted By
Engineering Development Services
Division Department
Action Required:
Execution of Easement Agreement with Arkansas and Missouri Railroad in connection with widening of Cato Springs
Road and utility work associated with said project. All monies requested were initially offered to RR and have been
budgeted previously.
$ 10,200.00
Cost of this request
4520.9520.5810.00
Account Number
06035.1200
$ 19,262,726.00 Transportation Bond Street Improvements
Category 1 Project Budget
$ 7,187,879.00
Funds Used to Date
$ 12,074,847.00
Program Category I Project Name
Transportation Bonds
Program I Project Category Name
2006A Sales Tax Construction
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached 1I
Previous Ordinance or Resolution # t1 Z -la
Departm nt ' ector Date
Original Contract Date:
D Original Contract Number:
City ttorney Date
4,1 - I z-to='iIL�
Finance and Internal Services Director Date Received in City 2-08- 1 0 PO4: 1 5 ; '/..
Clerk's Office
Chi of Sta Date
Received in£�
Mayor's Office
M or to
Revised January 15, 2009
•
a ettevlle
ARKANSASM
MEMO
To: Mayor Jordan
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Chris Brown, City Engineer
Date: December 7, 2010
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Approval (Mayor's Signature Only)
Subject: - Mayor's Signature Only — Cato Springs Widening Project
PROPOSAL
The City of Fayetteville presented A&MRR with a proposal to purchase ROW and Easements on two tracts as follows:
TRACT 8A: $1,600.00 for the acquisition of right-of-way (1,958 square feet), and $700.00 for the rights associated with
the permanent easement (3,461 square feet), for a total offer amount of $2,300.00 and TRACT 9: $7,400.00 for the
acquisition of right-of-way (9,216 square feet), $350.00 for the rights associated with the permanent easement (1,741
square feet), $50.00 for the rental of the property within the temporary construction and grading easement (613 square
feet), and $100.00 in damages for a total offer amount of $7,900.00, for a total of $10,200.00. A&M did not want to grant
Warranty deeds to property it only held Quitclaim deeds to and therefore felt more comfortable granting easement
agreements across its property while at the same time maintaining ownership of the track itself, therefore:
Execution of Easement Agreement with Arkansas and Missouri Railroad in connection with the widening of Cato Springs
Road and the utility work associated with said project. A&M RR Attorney, Jim Crouch, prepared the easement agreement
for the approval of A&M to grant the City the use and access to all areas necessary to widen Cato Springs Road and
improve the track crossing at Cato Springs. This property was appraised along with all other properties on this project and
an offer was made of $10,200.00. They have accepted our offer by signing the Easement Agreement attached.
RECOMMENDATION
Staff recommends the signing of the easement agreement and that payment should be made.
BUDGET IMPACT
This project is funded by the Transportation Bond Program. This payment will be made from these funds.
Cato Springs Road Widening
Tract No. 8A & Tract 9
EASEMENT AGREEMENT
I1I1I lU 1IlI liii Ollhlfil Il1Hi lihil lI IlDIlD II III
Doc ID: 013868030007 Type: REL
Kind: EASEMENT
Recorded: 02/08/2011 at 12:44:20 PM
Fee Amt: $45.00 Pace I of 7
Washinaton County. AR
Bette Stamps Circuit Clerk
File2011-00003601
This Easement Agreement is made this day of , 2010, by and
between the Arkansas and Missouri Railroad, a Virginia corporation, Grantor, to the City of Fayetteville,
Grantee.
WITNESSETH:
WHEREAS, Grantor owns a railroad operation in Fayetteville, Washington County, Arkansas,
together with railroad right of way and tracks;
WHEREAS, Grantee desires to have a street right of way and utility easement over and across
Grantor's right of way;
WHEREAS, the parties hereto desire to entered into an agreement concerning an easement over
and across Grantor's railroad tracks, which will run with the land.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein,
the parties hereto do mutually aggress as follows:
1. GRANT AND ESTABLISHMENT OF EASEMENT: In consideration of One dollar ($1.00)
and other valuable consideration, the receipt of which is acknowledged, the Grantor does hereby grant,
quitclaim and convey unto Grantee, and its respective successors and assigns, the right, right of way, and
easement of and for ingress and egress and for a utility easement over and across the lands described
on Exhibit "A" attached hereto.
2. NATURE OF EASEMENT: The above described easement shall be maintained as a
public street to provide vehicular and pedestrian access over and across Cato Springs Road and as a
utility easement approximately 50 -ft North of said crossing. The above described easement will run with
the land and shall be binding upon Grantor's successors, assigns, and will continue as a permanent
easement until released of record by Grantees. Grantor shall be entitled to continue to use and maintain
its tracks within the easement granted herein in its ordinary course of business, and Grantees
acknowledge Grantor's trains and equipment operated on the tracks over and across the easement
granted herein, have the right of way over pedestrian and vehicular traffic over such crossing and that
such pedestrians and vehicular traffic have the obligation of stopping, looking and listening for trains that
may be in operation over and across the crossing.
3. MAINTENANCE: The Grantee shall be responsible for the cost and expense of
maintaining the sidewalk and street within the right of way in as good a repair as it is at the time that it is
constructed, normal wear and tear excepted; provided, however, no maintenance shall be performed
upon the easement by Grantee without advance written permission of and from Grantor. Grantee shall
be responsible for restoring and repairing any and all damage to Grantor's property or any other party's
property within the easement caused by Grantee or its contractors, including, but not limited to tracks,
signals, gates, equipment, utility lines, ballast, drainage structures, and crossing caused or resulting from
the maintenance of the street and sidewalk, which shall be restored to substantially the same condition
that existed prior to such maintenance. Notwithstanding anything herein to the contrary, Grantor shall be
obligated to perform the normal maintenance of the crossing panels and the signals if it deems such
maintenance reasonable and necessary in order to operate its railroad.
The Grantee further agrees to re-align/adjust the track(s) to create a smooth transition between
mainline and passing track with no greater than a 1 -inch delta in track elevations. This work will be
performed by the Grantee before the Cato Springs roadway improvements receive final lift of Asphalt
Cement Hot Mix (ACHM). The City shall notify the Railroad in writing 60 days prior to the schedule of the
final lift of ACHM.
4. PERSONAL INJURY AND OTHER DAMAGE: To the extent allowed by the law, Grantor
shall not be responsible for personal injury and property damage upon the easement granted herein or
from any defect in Grantor's title.
5. UTILITIES. This easement is subject to all existing leases, licenses, easements and
rights within Grantor's right of way and subject to Grantor's right to construct and maintain, for itself or to
convey to others, at any and all times, fiber optic or signal lines, pipes, telephone, and electric pole and
wire lines, over, under and across the right of way. Grantee shall be entitled to assign its rights granted
herein to any and all utilities for the purpose of construction, maintenance, repair and/or replacement,
enlargement and operations of roadway, drainage, sidewalks, and general utilities including water and/or
sanitary sewer pipe line or lines, manholes, natural gas, electrical power, telephone, fiber optic cable(s)
and television communication line or lines, and appurtenances thereto, on over, across said right of way;
provided, however, no improvements shall be constructed within such right of way which will
unreasonably interfere with Grantor's railroad operation, and the utility construction or maintaining such
utility shall be responsible for any damage to Grantor's property and for damage to property of others
within such easement, including, but not limited to, its equipment, signals, gates, utility lines, track,
ballast, and crossing, and shall restore and repair such property to substantially the same condition that
existed prior to such construction or maintenance, including restoring the drainage structures and
drainage.
6. WORK PERMIT: Notwithstanding anything above to the contrary, Grantee, its successors
and assigns (including utilities) shall not perform any construction or maintenance within the right of way
granted herein without first obtaining a work permit from Grantor and shall comply with all conditions of
such work permit, including furnishing Grantor a Railroad Protective Insurance Policy.
7. BINDING EFFECT: This agreement shall be binding upon and shall inure to the benefit
of the parties hereto, their heirs, personal representatives, successors and assigns.
IN WITNESS WHEREOF, this Agreement has been executed on the date above written.
ARKANSAS AND MISSOURI AILROAD COMPANY
By: S
Title: I t — b$ _-201 J
CITY OF FAYETTEVILLE, ARKANSAS
A Mipal Corporation
ATTEST:
cf
Sondra Smith, City Clerk = ..qs
-aG �1� Y Or ". Gy : [SEAL]
U: o7C)-
c :FAYETTEVILLE:
kaS��J�\
NcT0
STATE OF ARKANSAS
)ss.
COUNTY OF WASHINGTON
On this the day of a i`?2 , 2010, before me, the undersigned officer,
personally appeared Brent McCready, who acknowledged himself to be the President of the Arkansas
and Missouri Railroad Company, a corporation, and that he, as such President, being authorized so to do,
executed the foregoing instrument for the purposes therein contained, by signing the name of the
corporation by himself as President.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
aMy Commission Expires: `I�-'-
Notary Public
STATE OF ARKANSAS )
)ss.
COUNTY OF WASHINGTON
On this the Jjiy of LILUPIJII.Y , 2010 before me, the undersigned officer,
personally appeared Lioneld Jordan AND Sondra Smith, who acknowledged themselves to be the Mayor
and City Clerk, Respectively of the City of Fayetteville, and that he, as such Mayor and City Clerk, being
authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing
said document.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
7 Notary Public
"G sor4 �c
11
' UBLtC _• :
EXHIBIT A
Tract 8A -Easement Agreement Area -- A part of the Southeast Quarter (SE'/e) of the Southeast Quarter
(SE%) and a part of the Southwest Quarter (SW') of the Southeast Quarter (SE'/4) in Section Twenty (20);
a part of the Northeast Quarter (NE%) of the Northeast Quarter (NE%) and the Northwest Quarter (NW%)
of the Northeast Quarter (NE'/4) in Section Twenty -Nine (29), all in Township Sixteen (16) North, Range
Thirty (30) West in Washington County, Arkansas, being more particularly described as follows:
Commencing at the Northwest (NW) corner of the Northeast Quarter (NE%4) of the Northeast Quarter
(NE%) of Section Twenty -Nine (29), Township Sixteen (16) North, Range Thirty (30) West; thence along
the North line of said forty (40) acre tract North 87°28'29" West 13.84 feet to the POINT OF BEGINNING,
being on the Westerly right-of-way line of the Arkansas & Missouri Railroad as described in Book 1206,
Page 317 and Instrument Number 2001-28071 both recorded with the Circuit Clerk of said county and
state, said point being the beginning of a non -tangent curve to the right having a central angle of 00°12'19"
and a radius of 5781.00 feet; thence along said Westerly right-of-way line along said curve an arc length of
20.71 feet and a chord bearing and distance North 06°55'51" West 20.71 feet; thence leaving said Westerly
right-of-way line North 88°32'29" East 75.33 feet to the Easterly right-of-way line of said, railroad being the
beginning of a non -tangent curve to the right having a central angle of 00°39'25" and a radius of 5706.00
feet; thence along said Easterly right-of-way line along said curve an arc length of 65.44 feet and a chord
bearing and distance of South 07'13'39" East 65.43 feet; thence leaving said Easterly right-of-way line
South 87°05'05" West 75.24 feet to said Westerly right-of-way line of said railroad being the beginning of a
non -tangent curve to the right having a central angle of 00°27'44" and a radius of 5781.00 feet; thence
along said Westerly right-of-way line along said curve an arc length 46.64 feet and a chord bearing and
distance of North 0715'53" West 46.64 feet to the Point of Beginning, containing 4,979 square feet, more
or less,
ALSO
Tract 9 -Easement Agreement Area -- A part of the Southeast Quarter (SE%4) of the Southeast Quarter
(SE%<) of Section Twenty (20), Township Sixteen (16) North, Range Thirty (30) West in Washington
County, Arkansas, being more particularly described as follows: Commencing at the Southeast (SE) corner
of said forty (40) acre tract; thence along the North line of said tract North 87°28'29" West 670.00 feet to
the POINT OF BEGINNING, being the Southeast (SE) corner of a property described in Book 1401, Page
649 as recorded with the Circuit Clerk of said county; thence continuing along said North line of said forty
(40) acre tract North 87°28'29" West 559.46 feet to the Westerly line of said property; thence along said
Westerly line North 02°27'26" West 28.00 feet; thence leaving said Westerly line North 89°46'02" East
109.95 feet; thence South 88°28'48" East 330.69 feet; thence South 87°24'31" East 116.80 feet to the
Easterly line of said property; thence along said Easterly line South 04°16'50" East 39.12 feet to the Point
of Beginning, containing 19,885 square feet, more or less,
ALSO
Tract 8A -General Utility Easement Area -- A part of the Southeast Quarter (SE '/) of the Southeast
Quarter (SE %4) and a part of the Southwest Quarter (SW '/4) of the Southeast Quarter (SE %4) in Section
Twenty (20); a part of the Northeast Quarter (NE %) of the Northeast Quarter (NE 1/4) and the Northwest
Quarter (NW 1/4) of the Northeast Quarter (NE '/4) in Section Twenty -Nine (29), all in Township Sixteen (16)
North, Range Thirty (30) West in Washington County, Arkansas, being more particularly described as
follows: Commencing at the Northwest (NW) corner of the Northeast Quarter (NE '/4) of the Northeast
Quarter (NE 1/4) of Section Twenty -Nine (29), Township Sixteen (16) North, Range Thirty (30) West; thence
along the North line of said forty (40) acre tract North 87°28'29" West 13.84 feet to the Westerly right -of
way line of said Arkansas & Missouri Railroad as described in said Book 1206, Page 317 and said
Instrument Number 2001-28071, also being the beginning of a non -tangent curve to the right having a
central angle of 00°12'19" and a radius of 5781.00 feet; thence along said Westerly right-of-way along said
curve an arc length of 20.71 feet and a chord bearing and distance North 06°55'51" West 20.71feet to the
POINT OF BEGINNING, said point being the beginning of a tangent curve to the right having a central
angle of 00°57'44" and a radius of 5781.00 feet; thence continuing along said Westerly right-of-way along
said curve an arc length of 97.10 feet and a chord bearing and distance of North 06°27'32" West 97.10
feet; thence leaving said Westerly right-of-way line South 47°48'13" East 32.45 feet; thence South
02°48'13" East 43.99 feet; thence North 87°08'40" East 56.37 feet to the Easterly right-of-way line of said
railroad, also being the beginning of a non -tangent curve to the right having a central angle of 00°19'12"
and a radius of 5706.00 feet; thence along said Easterly right-of-way an arc length of 31.86 feet and a
chord bearing and distance South 06°44'21" East 31.86 feet; thence leaving said Easterly right-of-way line
South 88°32'29" West 75.33 feet to the Point of Beginning, containing 3461 square feet, more or less.
ALSO
Tract 9 -General Utility Easement Area -- A part of the Southeast Quarter (SE'/4) of the Southeast Quarter
(SE%.) of Section Twenty (20), Township Sixteen (16) North, Range Thirty (30) West in Washington
County, Arkansas, being more particularly described as follows: Commencing at the Southeast (SE) corner
of said forty (40) acre tract; thence along the North line of said tract North 87°28'29" West 670.00 feet to
the Southeast corner of said property described in said Book 1401, Page 649; thence along the Easterly
line of said property North 04°16'50" West 39.12 feet; thence leaving said Easterly line North 87°24'31"
West 116.80 feet; thence North 88°28'48" West 330.69 feet; thence South 89°46'02" West 40.08 feet to the
POINT OF BEGINNING; thence continuing South 89°4602" West 69.87 feet, to a point on the West line of
said property described in said Book 1401, Page 649; thence along said Westerly line of said property
North 02°27'26" West 32.56 feet; thence leaving said Westerly property line North 87°08'40" East 33.81
feet; thence South 47°51'20" East 50.57 feet to the Point of Beginning, containing 1741 square feet, more
or less.
SE( L. T.1ti..V R -'i1 ` f i. ra �U, 5F' i/d, 51_ U4
\\• SEC. 20. F -IN.
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\ ARKANSAS & ,MiSS0Ut2I M
-Se,alc: 1=30
¶" r� 1 ` 1 (3k is ()S P-317 N . �
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NE 1/4, NE 1/4\
r -IL -N. R -30-w i ' s883229w t //// Yi 7`5.33' / / I
.------ # Section 20
CATO SPRINGS RD.
Il ^: ] PROP. EASEMENT I
AGREEMENT AREA --899 S.F.
(North 5icie)
PROP. EASEMENT
AGREEMENT AREA --1,059 S.F. ry
(Soath Side)
1,958 S.F. m r -
�' �3 y
-J EXIST. R/W--- 3.021 S.F.
TOTAL 4,979 S.F. r {
t� b rT i
PROP, UTILITY EASEMENT -346?
S.F. � 1
y ..
*NQ, HWY 7t -15TH ST. (FAYETTEVILLE)
i ARKANSAS STATE HIGHWAY COMMISSION
RIGHT OF WAY MAP
J08 40039 WASHINGTON COUNTY
SHEET 4 or 6
:URVE RADIUS ARC LENGTH I)I LfA CI4D LENGTH CH[1 BEARING
: t 5781.00' 20.71 ' ()0' 12' 11 20.71 N 06'5551" w
2 5781.00 97,1O 0'057'4 "F 97.10 N O62732. w
3 5706.00.51.86' 1 .8G' {)' 19' 1 2" .31.86' S O64421 " F-
FEB 2010
LAHIDI
Rev. 10 01 1C)
UTILITY EASEMENT
5 ARKANSAS & MISSOURI
E{: t1. l 1t SI:.(.C_ u9, It. . v -'10.k`,
RAILROAD, INC.
SE,, i:4 SE1r4
sic. 20,T -16-N, R.10 -W _
f *,
1
i � f
765.1478.0010 N I
RED SPOT, LLC �,� • j
/',ti�P SCALE: 1" - 100'
765-14878-013
JAC SON W. EOFF TRUST
E f 1363-198
I ( 765-14878-011
ARKANSAS & MISSOURI
RAILROAD INC.
1401-649
1206-317iIiiI
•S n
N87 O8'40E 33.81'
nt 547'51'20E 50.57 51 Corner
i n 5ecYon 20
5894602-W R 30—w
40.08'
a". `� ~ 58828'48E 330 69' ! 587 2431F
4 16',
1 ~ 39.122' rAT;SpUGS RD nQ9Seicn 29
S89- 46W _
[■t. S!m ✓
1 69.87' T—
I �/ x87'28'29"w `�
r s, r I +I
1 � ff iF{
PROP. EASEMENT AGREEMENT
AREA -----9.216 S -F.
`` EXIST. R/W-- 10,669 S.F.
/ t .F tOTAL 19.885 S
PROP. TEMPORARY
k'/51 CONSTRUCTION EASEMENT
/ -609 S.F.
i
/ PROP. UTILITY EASEMENT
/ — 1.741 S.F-
I EXHIBIT
S �'� FEB. 2010
j Rev. 10/01/10
NF I/a, NE 1:4 UTILITY EASEMENT
SFt. 19,T -1h-1. R -30-1V ARKANSAS & MISSOURI
RAILROAD, INC.
0
Z•
eevle
�ARKANSAS�
June 28, 2010
Arkansas & Missouri Railroad
Attn: Brent McCready
107 N. Commercial Street
Springdale, AR 72764-4597
RE: Project No. 06035-1200
Cato Springs Road (S. School to Razorback)
Tract Nos. 8A
Offer Letter
Dear Mr. McCready:
THE CITY OF FAYETTEVILLE, ARKANSAS
ENGINEERING DIVISION
125 West Mountain
Fayetteville, AR 72701
Phone (479) 444-3443
Ecopy
As you may be aware, the City of Fayetteville is planning improvements to Cato Springs Road, from S.
School Street (Hwy 71B) to Razorback Road. In addition to acquiring additional right-of-way to widen the road,
utility lines will also be relocated outside of the right-of-way which will require a permanent easement adjacent to
the new right-of-way. Any temporary construction and grading easements will terminate when the project has
been completed by the contractor and accepted by the City of Fayetteville.
The City of Fayetteville hereby offers $1,600.00 for the acquisition of right-of-way (1,958 square feet),
and $700.00 for the rights associated with the permanent easement (3,461 square feet), for a total offer amount
of $2,300.00.
Included is a general map of the subject area, as well as a drawing of your specific property depicting
the anticipated areas required for the proposed right-of-way and easements. The temporary construction
easement area will exclude any permanent structure(s) which may be located or under construction within said
temporary construction easement area during the construction of this project.
Time is of the essence on this project in order to keep construction on schedule. Please respond by July
16, 2010. If we have not heard from you by then, we will be in immediate further contact.
Should you elect to accept this offer, the Warranty Deed and General Utility Easement contained herein
should be executed by all parties with current ownership interest in the particular property. The documents
should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and
notarize the execution of the documents if you will advise our office accordingly. Upon receipt of the
documents, a check will be requested and you will be paid the amount indicated in this offer letter.
Copies of the Warranty Deed and General Utility Easement are included for your records. We can
provide copies of the recorded documents upon your request and at the appropriate time. Please provide us
with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A
Vendor Form is provided for this purpose.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this
project and the associated easements and acquisitions. Please contact Jill Goddard at (479) 444-3407, Holly
Jones at (479) 444-3414, Kern Wimberly at (479) 444-3415; or Chris Brown, City Engineer, can be reached at
(479) 575-8206.
Since ly,
Lioneld Jor
Mayor
LJ/jsg
Fnclnclire c
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville. AR 72701
•
yZ�
KANSAS�
June 28, 2010
Arkansas & Missouri Railroad
Attn: Brent McCready
107 N. Commercial Street
Springdale, AR 72764-4597
RE: Project No. 06035-1200
Cato Springs Road (S. School to Razorback)
Tract Nos. 9
Offer Letter
Dear Mr. McCready:
THE CITY OF FAYETTEVILLE, ARKANSAS
ENGINEERING DIVISION
125 West Mountain
Fayetteville, AR 72701
Phone (479)444-3443
ECOPY
As you may be aware, the City of Fayetteville is planning improvements to Cato Springs Road, from S.
School Street (Hwy 71B) to Razorback Road. In addition to acquiring additional right-of-way to widen the road,
utility lines will also be relocated outside of the right-of-way which will require a permanent easement adjacent to
the new right-of-way. Any temporary construction and grading easements will terminate when the project has
been completed by the contractor and accepted by the City of Fayetteville.
The City of Fayetteville hereby offers $7,400.00 for the acquisition of right-of-way (9,216 square feet),
$350.00 for the rights associated with the permanent easement (1,741 square feet), $50.00 for the rental of the
property within the temporary construction and grading easement (613 square feet), and $100.00 in damages
for a total offer amount of $7,900.00.
Included is a general map of the subject area, as well as a drawing of your specific property depicting
the anticipated areas required for the proposed right-of-way and easements. The temporary construction
easement area will exclude any permanent structure(s) which may be located or under construction within said
temporary construction easement area during the construction of this project.
Time is of the essence on this project in order to keep construction on schedule. Please respond by July
16, 2010. If we have not heard from you by then, we will be in immediate further contact.
Should you elect to accept this offer, the Warranty Deed, General Utility Easement, and Temporary
Construction and Grading Easement contained herein should be executed by all parties with current ownership
interest in the particular property. The documents should be notarized and returned to the City of Fayetteville.
A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our
office accordingly. Upon receipt of the documents, a check will be requested and you will be paid the amount
indicated in this offer letter.
Copies of the Warranty Deed, General Utility Easement, and Temporary Construction and Grading
Easement are included for your records. We can provide copies of the recorded documents upon your request
and at the appropriate time. Please provide us with a Social Security Number or a Tax Identification Number
(Corporation) so that a check can be written. A Vendor Form is provided for this purpose.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this
project and the associated easements and acquisitions. Please contact Jill Goddard at (479) 444-3407, Holly
Jones at (479) 444-3414, Kern Wimberly at (479) 444-3415, or Chris Brown, City Engineer, can be reached at
(479) 575-8206.
Sin erely,
c
Lioneld Jordan
Mayor
LJ/jsg
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701
Cato Springs Road Widening
Parcel No. 765-14878-011
Tract No. S -E
TEMPORARY CONSTRUCTION AND GRADING EASEMENT ®�
BE IT KNOWN BY THESE PRESENTS:
THAT the Arkansas and Missouri Railroad Company, a Virginia corporation,
hereinafter called GRANTORS, 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, Arkansas, a municipal
corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a
temporary construction and grading easement on, over, and through the following described
land situated in the County of Washington, State of Arkansas, for the sole purposes
necessary for construction of street improvements, to -wit:
PROPERTY DESCRIPTION: (Deed Book 1401 at Page 649 and Deed Book 1206 at Page 317)
That portion of the SEAASE'/4 of Section 20, Township 16 North, Range 30 West of the 5th P.M., in Fayette Junction,
County of Washington, State of Arkansas, described as follows, to -wit: Commencing at the Southeasterly corner of said
SE1/.SE'/4; thence Westerly along the Southerly line of said SE'/48E1/4 a distance of 670.0 feet, more or less, to a point on
the Westerly right-of-way line of an unnamed road, said point being the True Point of Beginning; thence continuing along
the Southerly tine of said SE'/4SE1/4 a distance of 557.0 feet, more or less, to the point of intersection with a line drawn
parallel with and distance 8.5 feet Easterly of, as measured radially, to the Track centerline of the Southerly leg of the
Wye that connects said Burlington Northern Railroad Company's Main Track Centerline with the old St. Paul Bridge Main
Track centerline; thence Northeasterly along said parallel line to said centerline of the Southerly leg of Wye to the
intersection with a line drawn parallel with and distant 8.5 feet Southerly of, as measured radially to, the Storage Track
centerline of the Wye; thence Northeasterly along said parallel line to said Storage Track to the intersection with the
Westerly right-of•way of the aforementioned unnamed road; thence southwesterly along said unnamed road to the Point
of Beginning.
All that portion of said Railway Company's 100.0 foot wide Branch Line right of way, being 50.0 feet wide on each side of
said Main Track centerline upon, over, and across Section 20 and Section 29, all in Township 16 North, Range 30 West,
excepting therefrom, the Easterly 25.0 feet of said 100.0 foot wide Branch Line right of way, situated in the SYzSE'/4 of
said Section 20, and the NE1/4NEIA of said Section 29, all in Township 16 North, Range 30 West, lying between two lines
drawn parallel with and distant, respectively, 25.0 feet and 50.0 feet normally distant Easterly from said Main Track
centerline, bounded on the North by the North line of said S1/2SE1/4 of said Section 20, and bounded on the South by a
line drawn at right angles to said Main Track centerline at a point 640.0 feet Southerly of the North line of said Section 29,
as measured along the Easterly boundary of said 100.0 foot wide Branch Line right of way.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
A part of the Southeast Quarter (SE'/4) of the Southeast Quarter (SE'/4) of Section Twenty (20), Township Sixteen (16)
North, Range Thirty (30) West in Washington County, Arkansas, being more particularly described as follows:
Commencing at the Southeast (SE) corner of said forty (40) acre tract; thence along the North line of said tract North
87°28'29" West 670.00 feet to the Southeast corner of said property described in said Book 1401, Page 649; thence
along the Easterly line of said property North 04'1650" West 39.12 feet; thence leaving said Easterly line North
874'31" West 116.80 feet; thence North 88°28'48" West 330.69 feet; thence South 89°46'02" West 36.58 feet to the
POINT OF BEGINNING; thence South 89°4602" West 53.64 feet; thence North 06°17'10" East 12.39 feet; thence South
88°21'21" East 52-60 feet; thence South 01 X8'39" West 10.59 feet to the Point of Beginning, containing 609 square feet,
more or less.
Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights
herein granted.
WORK PERMIT: Notwithstanding anything above to the contrary, Grantee, its successors and assigns (including utilities) shall not
perform any construction or maintenance within the right of way granted herein without first obtaining a work permit from Grantor and shall
comply with all conditions of such work permit, including furnishing Grantor a Railroad Protective Insurance Policy.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove referenced project
has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
it is expressly understood that the above temporary construction and grading easement shall exclude any permanent structure(s)
which may be located or under construction within said temporary construction easement area during the construction of this project.
TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress to and egress
from the real estate first herein above described for the uses and purposes herein above set forth.
The consideration first above recited as being paid to the 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.
TEMPORARY CONSTRUCTION EASEMENT
Page 2 of 2
11 is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority to make any
covenant or agreement not herein expressed.
fh
WITNESS the execution hereof on this- day of A10 ✓c�3'e`: , 2010.
ATTEST:
j2Y,t-
Rie-Nc-
l -\-L.L C v
[Please print or type Name and Title]
STATE OF ARKANSAS
COUNTY OF WASHINGTON
Arkansas and Missouri Railroad Company,
a Virginia corporation
By:
tease print or type Name and Title] S l7s�y 1
ACKNOWLEDGMENT
ss.
[SEAL]
BE IT REMEMBERED, that on this date before the jindesigned, a duly commissioned and acting Notary Public within and for said
County and State, personally appeared G. S?.v, Mr(_a.tc a and Kick- -lr , to me we l known as the persons who
executed the foregoing document, and who stated and a knowledged that they are the t r?e=5+D r, i and
respectively, of the Arkansas and Missouri Railroad Company, a Virginia corporation, and are duly authorized
in their respective capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and
acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned
and set forth.
WITNESS my hand and seal on this Is day of 1� 0✓� 1•R��12 , 2010.
MY COMMISSION EXPIRES:
Notary Public
PLEASE RETURN TO:
CITY OF FAYETTEVILLE
113 W. MOUNTAIN
FAYETTEVILLE, AR 72701
(479) 444-3407
FAX: (479) 575-8202
VENDOR FORM Vendor #____________________
(For Office Use Only)
According to the Federal Income Tax Law, the City is required to obtain the information listed
below from all individuals and companies with whom we do business. Failure to comply may
subject you and/or your company to certain penalties, as well as withholding tax.
Please complete the following:
Sole Proprietorship
X Corporation
Partnership
Tax-exempt organization under Section 501(a)
Foreign Government
Individual
Other (please explain) O
Tax Identification Number: G�
j. Federal employer identification number
OR
Social Security number (for individual or sole proprietors)
Name associated with above Social Security number
I certify that the above information is true and correct.
Arkansas and Missouri Railroad ComDany
Name of n ivr ua or Business
3Db Ave
Address
Pcre Ak. `72'7
City, State, Zip Codd
c I 2D1�
i a ure a
Title
Please mail or FAX this completed form to the City of Fayetteville at the above address or FAX number.
Cato Springs Road Widening flllllllllllllllllllllJIIllhIIIJI1ll1tII IH1I1iIIllhlIllllI 1Jul11!
Tract No. 88
Doc ID: 013868040006 Type: REL.
Kind: EASEMENT
Recorded: 02/08/2011 at 12:45:19 PM
Fee Amt: $40.00 Paae I of 6
Washinaton County. AR
Bette Stamps Circuit Clerk
FL102011-00003602
EASEMENT AGREEMENT
7 2011
This Easement Agreement is made this day of __ Rn1 , '&4.Q,, by and
between the Arkansas and Missouri Railroad, a Virginia corporation, Grantor, to the City of Fayetteville,
Grantee.
WITNESSETH:
WHEREAS, Grantor owns a railroad operation in Fayetteville, Washington County, Arkansas,
together with railroad right of way and tracks;
WHEREAS, Grantee desires to have a street right of way and utility easement over and across
Grantor's right of way;
WHEREAS, the parties hereto desire to entered into an agreement concerning an easement over
and across Grantor's railroad tracks, which will run with the land.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein,
the parties hereto do mutually aggress as follows:
1. GRANT AND ESTABLISHMENT OF EASEMENT: In consideration of One dollar ($1.00)
and other valuable consideration, the receipt of which is acknowledged, the Grantor does hereby grant,
quitclaim and convey unto Grantee, and its respective successors and assigns, the right, right of way, and
easement of and for ingress and egress and for a utility easement over and across the lands described
on Exhibit "A" attached hereto.
2. NATURE OF EASEMENT: The above described easement shall be maintained as a
public street to provide vehicular and pedestrian access over and across Cato Springs Road and as a
utility easement approximately 50 -ft North of said crossing. The above describeq easement will run with
the land and shall be binding upon Grantor's successors, assigns, and will continue as a permanent
easement until released of record by Grantees. Grantor shall be entitled to continue to use and maintain
its tracks within the easement granted herein in its ordinary course of business, and Grantees
acknowledge Grantor's trains and equipment operated on the tracks over and across the easement
granted herein, have the right of way over pedestrian and vehicular traffic over such crossing and that
such pedestrians and vehicular traffic have the obligation of stopping, looking and listening for trains that
may be in operation over and across the crossing.
3. MAINTENANCE: The Grantee shall be responsible for the cost and expense of
maintaining the sidewalk and street within the right of way in as good a repair as it is at the time that it is
constructed, normal wear and tear excepted; provided, however, no maintenance shall be performed
upon the easement by Grantee without advance written permission of and from Grantor_ Grantee shall
be responsible for restoring and repairing any and all damage to Grantor's property or any other party's
property within the easement caused by Grantee or its contractors, including, but not limited to tracks,
signals, gates, equipment, utility lines, ballast, drainage structures, and crossing caused or resulting from
the maintenance of the street and sidewalk, which shall be restored to substantially the same condition
that existed prior to such maintenance. Notwithstanding anything herein to the contrary, Grantor shall be
obligated to perform the normal maintenance of the crossing panels and the signals if it deems such
maintenance reasonable and necessary in order to operate its railroad.
The Grantor further agrees to re-align/adjust the track(s) to create a smooth transition between
mainline and passing track with no greater than a 1 -inch delta in track elevations. This work will be
performed by the Grantor before the Cato Springs roadway improvements receive final lift of Asphalt
Cement Hot Mix (ACHM). The City shall notify the Railroad in writing 60 days prior to the schedule of the
final lift of ACHM.
4. PERSONAL INJURY AND OTHER DAMAGE: To the extent allowed by the law, Grantor
shall not be responsible for personal injury and property damage upon the easement granted herein or
from any defect in Grantor's title.
5. UTILITIES. This easement is subject to all existing leases, licenses, easements and
rights within Grantor's right of way and subject to Grantor's right to construct and maintain, for itself or to
convey to others, at any and all times, fiber optic or signal lines, pipes, telephone, and electric pole and
wire lines, over, under and across the right of way. Grantee shall be entitled to assign its rights granted
herein to any and all utilities for the purpose of construction, maintenance, repair and/or replacement,
enlargement and operations of roadway, drainage, sidewalks, and general utilities including water and/or
sanitary sewer pipe line or lines, manholes, natural gas, electrical power, telephone, fiber optic cable(s)
and television communication line or lines, and appurtenances thereto, on over, across said right of way;
provided, however, no improvements shall be constructed within such right of way which will
unreasonably interfere with Grantor's railroad operation, and the utility construction or maintaining such
utility shall be responsible for any damage to Grantor's property and for damage to property of others
within such easement, including, but not limited to, its equipment, signals, gates, utility lines, track,
ballast, and crossing, and shall restore and repair such property to substantially the same condition that
existed prior to such construction or maintenance, including restoring the drainage structures and
drainage.
6. WORK PERMIT: Notwithstanding anything above to the contrary, Grantee, its successors
and assigns (including utilities) shall not perform any construction or maintenance within the right of way
granted herein without first obtaining a work permit from Grantor and shall comply with all conditions of
such work permit, including furnishing Grantor a Railroad Protective Insurance Policy.
7. BINDING EFFECT: This agreement shall be binding upon and shall inure to the benefit
of the parties hereto, their heirs, personal representatives, successors and assigns.
IN WITNESS WHEREOF, this Agreement has been executed on the date above written.
ARKANSAS AND MISSOURI RAILROAD COMPANY
By:
Title. 1 nt '
ATTEST:
CITY OF FAYETTEVILLE, ARKANSAS
A Muni al Corporation
B'
io eld Jordan1
Sondra Smith, City Clerk �.+"I'llR'"'•�,,
' •
• EViLLE:
;FAYETf
�9s•9RkANSP. J=tea
'',,, AV TON.
[SEAL]
STATE OF ARKANSAS
)ss.
COUNTY OF WASHINGTON )
On this the z`/ day of J A N u « fz� , 20X, before me, the undersigned officer,
personally appeared Brent McCready, who acknowledged himself to be the President of the Arkansas
and Missouri Railroad Company, a corporation, and that he, as such President, being authorized so to do,
executed the foregoing instrument for the purposes therein contained, by signing the name of the
corporation by himself as President.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
Notary Public
) LOl`.3
AND/?",4
No.14.SG,�
i NSC
.—''�
STATE OF ARKANSAS ) '.41f==':mil•
COUNTY OF WASHINGTON I }
On this the ay of V , 201t before me, the undersigned officer,
personally appeared Lioneld Jordan AND Son r Smith, who acknowledged themselves to be the Mayor
and City Clerk, Respectively of the City of Faye eville, and that he, as such Mayor and City Clerk, being
authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing
said document.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
d—ado10
EXHIBIT A
Tract 8B -Easement Agreement Area -- A part of the Southeast Quarter (SE'/) of the Southeast Quarter
(SE'/) of Section Twenty (20); a part of the Northeast Quarter (NE'/<) of the Northeast Quarter (NE'/) of
Section Twenty -Nine (29), all in Township Sixteen (16) North, Range Thirty (30) West in Washington
County, Arkansas, being more particularly described as follows: Commencing at the Northwest (NW)
corner of the Northeast Quarter (NE'/,) of the Northeast Quarter (NE'/) of Section 29 in Township Sixteen
(16) North, Range Thirty (30) West; thence along the North line of said forty (40) acre tract South 87°28'29"
East 62.23 feet to the POINT OF BEGINNING, being on the Westerly right-of-way line of the Burlington
Northern & Santa Fe Railroad as described in Instrument Number 2001-28071 and Book 1206, Page 317,
both recorded with the Circuit Clerk of said county, said point also being the beginning of a non -tangent
curve to the left having a central angle of 00°15'41" and a radius of 5706.00 feet; thence along said
Westerly right-of-way line along said curve an arc length of 26.03 feet and a chord bearing and distance of
North 07°01'47" West 26.03 feet; thence leaving said Westerly right-of-way line North 88°32'29" East 32.02
feet to the Easterly right-of-way line of said railroad; thence along said railroad South 02°27'26" East 28.00
feet; thence continuing along said Easterly right-of-way line South 87°28'29" East 17.06 feet; thence
continuing along said Easterly right-of-way line South 02°27'26" East 34.82 feet; thence leaving said
Easterly right-of-way line South 87°0505" West 43.58 feet to said Westerly right-of-way line of said
railroad, being the beginning of a non -tangent curve to the right having a central angle of 00°23'45" and a
radius of 5706.00 feet; thence along said Westerly right-of-way line along said curve an arc length of 39.41
feet and a chord bearing and distance North 07°21'30" West 39.41 feet to the Point of Beginning,
containing 2,508 square feet, more or less, ALSO
Tract 8B -General Utility Easement Area -- A part of the Southeast Quarter (SE '/) of the Southeast
Quarter (SE '/) of Section Twenty (20); a part of the Northeast Quarter (NE '/) of the Northeast Quarter
(NE '/) of Section Twenty -Nine (29), all in Township Sixteen (16) North, Range Thirty (30) West in
Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest
(NW) corner of the Northeast Quarter (NE'/) of the Northeast Quarter (NE 14) of Section Twenty -Nine (29),
Township Sixteen (16) North, Range Thirty (30) West; thence along the North line of said forty (40) acre
tract South 87°28'29" East 62.23 feet to the Westerly right-of-way line of Burlington Northern & Santa Fe
Railroad as described in said Instrument Number 2001-28071 and said Book 1206, Page 317, also being
the beginning of a non -tangent curve to the left having a central angle of 00°15'41" and a radius of 5706.00
feet; thence along said Westerly right-of-way along said curve an arc length of 26.03 feet and a chord
bearing and distance of North 07°01'47" West 26.03 feet to the POINT OF BEGINNING, also being the
beginning of a tangent curve to the right having a central angle of 00°19'12" and a radius of 5706.00;
thence continuing along said Westerly right-of-way line along said curve an arc length of 31.86 feet and a
chord bearing and distance of North 06°44'21" West 31.86 feet; thence leaving said Westerly right-of-way
line North 87°0840" East 34.40 feet to the Easterly right-of-way line of said railroad; thence along said
Easterly right-of-way South 02°27'26" East 32.56 feet; thence leaving said Easterly right-of-way line South
88°32'29" West 32.02 feet to the Point of Beginning, containing 1068 square feet, more or less.
SW 1/4, SE 1/4 SE /4, SE 1/4 T
SEC. 20, T -16-N. R -30-W SEC. 20, T -16-N. R -30-W
z - D
-- .- -.-�-_
V • rE1
HScale: 1'30'
171rrn to 1
0 �---1--A
/ — -
N I % r654N11.O11
— 4-- ARKANSAS s
i RAtROODNL
DAVID 86 SUSSAN O UOING ARKANSAS 8 MISSOURI �' _L-..2 i eiei
9234372 RAILROAD RI 120&3v
BA.1206, Pg 317 S87'2829'E
O 6 -*1. No. 2001-28071 33.25
a :4-
I i N88'32'29E
f \ '//3d2"///'\2.IIIII
N N 587128'29
_ 58937'24w p3 ry i 7.06
E. R/w 1,04 O
oit
587'28'29'E 62.23' n
�^ 30.05 1 Section z0
.._...I_ 1 Sect on 29
P.O.B.
CATO SPRINGS RD. N /'4 -
OlE,�� ,/I
Seciion 29 0
1-16-N. R -30-w C1 t..
___ EXT. R/W — N87'28'29W
® 43-58' .4.
PROP. EASEMENT
AGREEMENT AREA-- 408 S.F. 587'05'05
(North Side) —r
PROP. EASEMENT —�—
AGREEMENT AREA-- 749 S.F.
(South Side) t N v _ ARKANSAS & MISSOURI
1,157 S.F. 1zr L RAILROAD
0 . 0 N Bk.1206, Pg. 317
II EXIST. R/W--- 1,351 S.F. a+
TOTAL 2,508 S.F.
_ Inst. No. 2001-28071
0 8D
®PROP. TEMPORARY CONSTRUCTION EASEMENT ��
—433 S.F. 0
765-15399-001
RONALD L.TROUTMAN
2005-7590 O
31 ____ j\)v
CURVE RADIUS ARC LENGTH DELTA CHO LENGTH CHO BEARING
Cl 5706.00' 65.44' 00'39'25" 65.43' N 07'1339" W
C2 5706.00' 19.11' 00'11'31" 19-11' N 07'27'37" W
C3 5706.00' 20.30 00'12'14" 20.30' N 07 1544" W
C4 5706.00' 13.33' 00'08'02" 13.33' N 07'0537" W
C5 5706.00' 12.70' 00'07'39" 12.70' N 06'57'46" W
C6 5706.00' 26.03' 00'15'41" 26.03' N 070147" W EXHIBIT
C7 5706.00' 39.41' 0023'45" 39.41' N 0721'30" W FEB. 2010
C8 5706.00' 14.53' 0'08'45" 14.53' N 0649'34" W Rev. 12/29/10
NW 114, NE 1/4 NE 1/4, NE 1/4 PERMANENT EASEMENT
SEC. 29, T -16-N. R -30-W SEC. 29, T -I6 -N. R -30-W ARKANSAS & MISSOURI
RAILROAD, INC.
SW 1/4, SE 114
SEC. 20, T -16-N. R -30-W
Ln
1
1
I L
r
rl
sTi
i -
765-08415-000
DAVID & SUSAN DRUDING
92-34372
11
4 �
CATO SPRINGS RD.
Section 29
_— T -16-N, R -30-W
PROP. EASEMENT
AGREEMENT AREA-- 408 S.F.
(North Side)
PROP. EASEMENT
AGREEMENT AREA-- 749 S.F.
(South Side)
1,157 S.F.
Ei._J EXIST. R/w--- 1,351 S.F.
TOTAL 2,508 S.F.
PROP. UTILITY EASEMENT -1068
S.F.
765-15399.001
RONALD L. TROUTMAN
2005-7590
3T
u� s
Z 9
0 Z
A fh jp
x 7;
ARKANSAS & MISSOURI
RAILROAD
Bk. 1206, Pg 117
Inst, No. 2001-26071
8A
EXT, R/W
887.28'29 E62 3'
-EXT. R/W
SE 1/4, SE 1/4
SEC. 20, T -16-N. R -30-W
C
r Scale: 1 "=30'
I.,'
N87'08'40E '65-"°"°'1
�j ARKANSAS a Lnss JRi
34.40 n RAAD INC
1401fi19
f ` T
2W102&lit
}20&317
T o
\SO2.27.26
32 56 "E
Section 20
L Section 9
' " v
ARKANSAS & MISSOURI
7
—
RAILROAD
N W y
-- --
Bk.1206, Pg. 317
Inst. No. 2001-28071
O
8 I] 1E
o
-
co
O
O
ji\�)
CURVE
RADIUS
ARC LENGTH
DELTA
CHD LENGTH
CHD BEARING
Cl
5706.00
26.03'
00' 15'41 "
26.03'
N 07'O1'47" W
C2
5706.00'
31.86'
0' 19' 12"
31.86'
N 0644'21" W
NW 1/4, NE 1/4
SEC. 29, T -16-N. R -30-W
}
NE 1/4, NE 1/4
SEC. 29, T -16-N. R -30-W
EXHIBIT
FEB. 2010
Rev. 12/29/10