HomeMy WebLinkAbout09-12 RESOLUTIONRESOLUTION NO. 09-12
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH
RICKY SPARKS AND DAWN SPARKS, CONCERNING CONDEMNATION
LITIGATION FILED AS PART OF THE CATO SPRINGS ROAD
IMPROVEMENT PROJECT, IN THE TOTAL AMOUNT OF $11,850.00
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 an
agreement with Ricky Sparks and Dawn Sparks, in a total amount of $11,850.00 as full and final
settlement of condemnation litigation (City of Fayetteville v. Sparks, Washington County Circuit
Court Case No. CV 2010-3710-5) filed as part of the Cato Springs Road Improvement Project.
Section 2: That the City Council of the City of Fayetteville, Arkansas, in furtherance of
the settlement, hereby approves payment of an additional $6,200.00 over and above the
$5,650.00 placed on deposit with the court.
PASSED and APPROVED this 17th day of January, 2012.
APPROVED: ATTEST:
Oiraz
O ' ELD • RD • , Mayor
By:
SONDRA E. SMITH, City Clerk/Treasurer
AGENDA REQUEST
FOR: COUNCIL MEETING OF JANUARY 17, 2012
FROM:
JASON KELLEY, ASSISTANT CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A Resolution Approving A Settlement Agreement With Ricky Sparks And Dawn
Sparks, Concerning Condemnation Litigation Filed As Part Of The Cato Springs
Road Improvement Project, In The Total Amount Of $11,850.00
APPROVED FOR AGENDA:
1/17//z -
City Engineer Date
istant City Attorney
Chief of Staff
/'/7-(2
Date
1- /7-11--
Date
7-/ZDate
/ / t -
ate
01-17-12PO4:03 RCVD
41%&
vll
ARKANSAS
e
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
CITY COUNCIL AGENDA MEMO
City Council Meeting of January 17, 2012
To: Mayor Jordan and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Director of Development Services
From: Chris Brown C43
Date: January 17, 2012
Subject: Approval of a Settlement with Ricky Leon and Dawn Sparks for Purchase of Right of Way and
Easements along Cato Springs Road
PROPOSAL:
Cato Springs Road is planned for improvement from South School to Razorback Road as a part of the
Transportation Improvement Bond Program. Right of way acquisition was required from many of the property
owners along the route. In order to move forward with the project to bidding and construction, condemnation
action on some of the properties was approved by the City Council. The City Attorney filed condemnation suits
for these properties, and received Orders of Possession from the Circuit Court so that the project could move
forward.
In the case of Mr. and Mrs. Sparks' property, $5,650, representing the City's appraised value for the right of
way and easements, was deposited with the Court at the time of the filing. Since that time, the City Attorney's
Office has negotiated with the Sparks family, and a settlement proposal has been developed for review by the
City Council. This settlement is in the amount of an additional $6,200, making the total payment to Mr. and
Mrs. Sparks $11,850. This amount represents the last offer City staff made to the Sparks prior to proceeding to
condemnation action.
RECOMMENDATION:
Staff recommends approval of a Resolution authorizing the settlement of the Sparks Condemnation Case, and.
approving an additional $6,200 payment to Ricky Leon and Dawn Sparks.
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.
RESOLUTION NO.
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH
RICKY SPARKS AND DAWN SPARKS, CONCERNING CONDEMNATION
LITIGATION FILED AS PART OF THE CATO SPRINGS ROAD
IMPROVEMENT PROJECT, IN THE TOTAL AMOUNT OF $11,850.00
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 an
agreement with Ricky Sparks and Dawn Sparks, in a total amount of $11,850.00 as full and final
settlement of condemnation litigation (City of Fayetteville v. Sparks, Washington County Circuit
Court Case No. CV 2010-3710-5) filed as part of the Cato Springs Road Improvement Project.
Section 2: That the City Council of the City of Fayetteville, Arkansas, in furtherance of
the settlement, hereby approves payment of an additional $6,200.00 over and above the
$5,650.00 placed on deposit with the court.
PASSED and APPROVED this 17th day of January, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
SETTLEMENT FRAMEWORK
Subject to approval of the Mayor and City Council of Fayetteville:
1. Ricky and Dawn Sparks will execute deeds for the interests in property taken by the City
of Fayetteville in the pending condemnation case City of Fayetteville v. Sparks, Washington
County Circuit Court Case No. CV 10-3710-5.
2. Ricky and Dawn Sparks agree to accept $11,850.00 as total just compensation for the
property taken. Subtracting $5,650.00 already paid to the Court and received by Ricky and
Dawn Sparks, this results in an additional $6,200.00 payment by the City of Fayetteville to Ricky
and Dawn Sparks.
3. The Cty of Fayettee and Ricky and Dawn Sparks agree to a dismissal of the
conde -+ atio/ lawsuit.
t 1,
cky I
t. 1,4 , (
lawn Spam - -
J s n B. Kelley
ssistant City Attorney of Fayetteville
Page 1 of 2
Holly Jones - Re: Counter offer Sparks
From: Holly Jones
To: dsparks16@cox.net
Date: 11/10/2010 2:06 PM
Subject: Re: Counter offer Sparks
CC: Brown, Chris; Goddard, Jill; Kelley, Jason; Libertini, Paul
Mr. and Mrs. Sparks,
In response to your Counter Offer on the Cato Springs Road Project, we are in agreement with the amount
offered for the hedges, cypress, persimmon trees and ponds in the total amount of $6493.50. However, at this
time we are unable to accept your offer of
$18,186.00 for the additional right of way, general utility easement area and rental of the temporary
construction and grading easement without written justification such as an appraisal. We are however,
prepared to present you with a counter-offer to this amount.
You were originally offered $3.00 per square foot for your property as appraised by certified Appraiser. Please
discuss this offer and with your approval I will have an official letter prepared for $3.75 per square foot which is
$2510 for the ROW, $940 for the Utility Easement as reduced to 1000 square feet, $300 for the TCE, damages
as originally offered of $1600, landscaping above mentioned of $6500 for a total of $11850.
(Keep in mind that the cash value of the concrete driveway that we are building you is approximately $3500.)
If you are in agreement with this $11,850.00, I will draft an official letter to be signed by Chris and you will be
sent a new set of documents to sign with the reduced Utility Easement.
If you are not in agreement with the terms of this counter offer, the City Attorney's Office will proceed as
planned. Please respond as soon as possible either way.
Sincerely,
Holly Jones
Land Agent
Engineering Division
hjones@cilayetteville.ar.us
ph: (479) 444-3414
fax: (479) 575-8202
TDD (Telecommunications Device for the Deaf): (479) 521-1316
»> <dsparks16@cox.net> 11/2/2010 4:27 PM »>
November 2, 2010
Dear Mrs. Holly Jones,
When I met with you Mr. Brown, Mr. Libertini and Mr. Howe a few weeks ago we agreed the city would install
the yard drain and widen the driveway from the existing 25 ft to 35 ft wide and 8 inches deep to accommodate
the weight of our semi truck and also grade the driveway slope to be more negotiable. I do appreciate that you
all came to meet with me. I felt more at ease knowing the sidewalk would be farther from my home. I am still
however not feeling "warm and fuzzy" about the general easement. This seems to be a loose term.
r 1 n • .gym \ YT ._t _. _\ A!'lT A A rTr r, A 11 P1^1.MV\1A
Page 2 of 2
Since, we already have electric, cable and fiber optic cables running above ground at the back of our property.
We would like to omit the following words of the contract and deed, enlargement of roadway, electrical power,
telephone, fiber optic cables and telephone communications line or lines, and appurtenances thereto, on over,
across.
I spoke to Mr. Libertini last week about the general easement my concern is that at some point in time the city
will come back and change "Utility easement" and add another lane or two plus the sidewalk. Mr. Libertini
stated he didn't guarantee that another lane wouldn't be added in the future.
Mr. Libertini and I also talked about the Bald cypress. Instead of cutting it down I would like the city to move it
to a city owned piece of property like a park or the square or maybe a fire station or School. Mr. Howe stated
with care it could make a full recovery. Since the city has the equipment and knowledge of such care of trees.
I have received an estimate from the nursery on replacement hedges. This includes installation and sales tax. It
does not reflect the amount of the value of the mature hedges you will be removing. Hedges come to $2518.50,
Bald Cypress tree, and a fruit bearing Persimmon, removal of 2 ponds $3975.00
I and my husband have spoken to you about the property values being too low for what you are asking. Our
counter offer for RW / PE and Damages we are asking $18186.00 in addition to the Driveway, yard drain and
landscaping.
I will also mail this to your office.
Thank you for your consideration,
Rick and Dawn Sparks
1430 W Cato Springs Road
Fayetteville, AR 72701
479-444-8027
11 • \T .., CI •... \T_... ._I TT_...____'__ \A"'IT%A ACT'TT'A 11/ ' /AA1A
Cato Springs Road Widening
Part of Parcel No. 765-08414-000
Tract No. 6
WARRANTY DEED
BE IT KNOWN BY THESE PRESENTS:
THAT Ricky Sparks and Dawn Sparks, husband and wife, 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, bargain, sell and convey unto the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called
GRANTEE, and unto Grantee's successors and assigns, the following described
land situated in the County of Washington, State of Arkansas, to -wit:
A part of the Southwest Quarter (SW%) 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 South line of said tract North 87°28'29" West 153.49 feet to the POINT OF BEGINNING
being at the Southeast (SE) corner of a property described in Instrument Number 2002-51159 as
recorded with the Circuit Clerk with said county; thence continuing along said South line North 87°28'29"
West 100.01 feet to the Southwest (SW) corner of said property; thence along the West line of said
property North 03°22'32" East 12.28 feet; thence leaving said West line South 87°51'20" East 100.02 feet
to the East line of said property; thence along said East line South 03°22'32" West 12.95 feet to the Point
of Beginning, containing 1,261 square feet, more or less, consisting of 593 square feet in existing right-of-
way and 668 square feet in new proposed right-of-way.
TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and
Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said
lands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the
said lands against all legal claims whatever.
11
uuu
Ill
IlIII
11
IM
II
11
Doc ID. 014571760001 Type: REL
Kind WARRANTY DEED
Recorded: 05/03/2012 at 10:40:28 AM
Fee Amt: $15.00 Paae 1 of 1
Washinaton County, AR
Bette Stamps Circuit Clerk
F11e2012-00012558
WITN J S the ; ecutio/ereof on this the day of J1PU44.
, 2012.
Ri
STATE OF ARKANSAS
COUNTY OF WASHINGTON
6aw parks
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 Ricky Sparks and Dawn Sparks, husband and wife, to me
well known as the persons who executed the foregoing document, and who stated and acknowledged that he/she/they had
so signed, executed and delivered said instrument for the consider -tion, uses and purposes therein mentioned and set forth.
WITNESS my hander i�d se#1 ,qrl ", day of
�J�No,
i20
6..'0,,%.;¢
N
Ojy co
r_ •.--_,„
ii�s/C `�
MY COMMISSION EXPIRE 'hy ' ''• ''
EXPIRES;
' RKANSP`� \\�,,:•
/1,11IU
3-17— /1
1101
•�'=�A'ublic
, 2012.
Cato Springs Road Widening
Parcel No. 765-08414-000
Tract No. 6
GENERAL UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Ricky Sparks and Dawn Sparks, husband and wife, hereinafter
called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration, the receipt of which is hereby acknowledged,
does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas,
a municipal corporation, hereinafter called GRANTEE, and unto Grantee's
successors and assigns, a permanent easement for the purpose of construction,
maintenance, repair and/or replacement, drainage, sidewalks, and general utilities
including water and/or sanitary sewer pipe line or lines, manholes, natural gas and
appurtenances thereto, on over, across, and under the following described land
situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Ref. 2002-051159)
Lots Twenty Four (24) and Twenty Five (25) in Block Six (6), in Meadowvale, a subdivision of the Southwest
Quarter (SW%) of the Southeast Quarter (SE%) of Section Twenty (20), Township Sixteen (16) North, Range
Thirty (30) West.
LESS AND EXCEPT Cato Springs Road right-of-way: A part of the Southwest Quarter (SW%) 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 South line of said tract North 87°28'29" West 153.49
feet to the POINT OF BEGINNING being at the Southeast (SE) corner of a property described in Instrument
Number 2002-51159 as recorded with the Circuit Clerk with said county; thence continuing along said South
line North 87°28'29" West 100.01 feet to the Southwest (SW) corner of said property; thence along the West
line of said property North 03°22'32" East 12.28 feet; thence leaving said West line South 87°51'20" East
100.02 feet to the East line of said property; thence along said East line South 03°22'32" West 12.95 feet to
the Point of Beginning, containing 1,261 square feet, more or less, consisting of 593 square feet in existing
right-of-way and 668 square feet in new proposed right-of-way.
PERMANENT EASEMENT DESCRIPTION:
A utility easement, being a part of Lots Twenty Four (24) and Twenty Five (25) in Block Six (6), in
Meadowvale, a subdivision of the Southwest Quarter (SW%) 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 South line of said tract North 87°2829" West 153.49 feet to the Southeast (SE) corner of a
property described in Instrument Number 2002-51159 as recorded with the Circuit Clerk with said county;
thence along the East line of said Lot 25 North 03° 22' 32" East 12.95 feet, to the POINT OF BEGINNING;
thence continuing North 03° 22' 32" East 10.00 feet; thence leaving said East lot line South 89° 36' 58" West
50.11 feet; thence North 87° 51' 20" West 50.01 feet to a point on the West line of said Lot 24; thence along
said West lot line South 03° 22' 32" West 10.00 feet to a point on the North line of the new proposed right-of-
way of Cato Springs Road; thence along said North right of way line South 87° 51' 20" East 100.02 feet to the
Point of Beginning and containing 1,000 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.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, until the use of said permanent easement is
relinquished, abandoned or vacated and so long as such pipe fine or lines, manholes and/or appurtenances thereto shall be
maintained, together with free ingress to and egress from the real estate first herein above described for the uses and purposes
herein above set forth.
in
11
11111111
1111
111
11
11
II
IIDI
11
Doc ID 014571770002 Type REL
Kind EASEMENT
Recorded: 05/03/2012 at 10:40:54 AM
Fee Amt: $20.00 Paae 1 of 2
Washington County. AR
Bette Stamps Circuit Clerk
Fi1e2012-00012559
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee, which hereby agrees to bury all pipes/lines where feasible, to a sufficient depth so as not to interfere with cultivation of
soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a
height above water.
The Grantor agrees no to erect any buildings or structures in said permanent easement.
GENERAL UTILITY EASEMENT
Page 2 of 2
The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to
make any covenant o agreement not herein expressed.
WI 'T SS a execution h eof on this the (7 day of
/.< 4 //Lid"
Ric ;
Cato Springs Road Widening
Parcel No. 765-08414-000
Tract No. 6-E
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Ricky Sparks and Dawn Sparks, husband and wife, 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 Ref. 2002-051159)
Lots Twenty Four (24) and Twenty Five (25) in Block Six (6), in Meadowvale, a subdivision of the Southwest
Quarter (SW'/<) of the Southeast Quarter (SE%) of Section Twenty (20), Township Sixteen (16) North, Range
Thirty (30) West.
LESS AND EXCEPT Cato Springs Road right-of-way: A part of the Southwest Quarter (SW%) 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 South line of said tract North 87°28'29" West 153.49
feet to the POINT OF BEGINNING being at the Southeast (SE) corner of a property described in Instrument
Number 2002-51159 as recorded with the Circuit Clerk with said county; thence continuing along said South
line North 87°28'29" West 100.01 feet to the Southwest (SW) corner of said property; thence along the West
line of said property North 03°22'32" East 12.28 feet; thence leaving said West line South 87°51'20" East
100.02 feet to the East line of said property; thence along said East line South 03°22'32" West 12.95 feet to
the Point of Beginning, containing 1,261 square feet, more or less, consisting of 593 square feet in existing
right-of-way and 668 square feet in new proposed right-of-way.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
A part of Lots 24 and 25, Block 6 of Meadowvale Subdivision, being a part of the Southwest Quarter (SW%) 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 South line of said tract North 87°28'29" West 153.49
feet to the Southeast (SE) corner of said property described in said Instrument Number 2002-51159; thence
along the East line of said property North 03°22'32" East 12.95 feet; thence leaving said East line North
87°51'20" West 15.02 feet to the POINT OF BEGINNING; thence continuing North 87°51'20" West 38.60 feet;
thence North 02°08'40" East 20.00 feet; thence South 87°51'20" East 38.60 feet; thence South 02°08'40"
West 20.00 feet to the Point of Beginning, containing 772 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.
This temporary construction andgrading 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.
It 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.
GENERAL UTILITY EASEMENT
Page 2 of 2
WITNES? the execution ereof on this the /742.day of
Ricky park
, 2012.
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 Ricky Sparks and Dawn Sparks, husband and wife, to me well known as the
persons who executed the foregoing document, and who 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 seaF`beilliigu L day of ov/ 2012.
• $014 B.
aNOTA�y ':!�'�
PUBLIC
MY COMMISSION EXPIRES: =:;.
/0 r 114 0\`\`.\`•
3-17-17
Public
Cato Springs Road Widening
Part of Parcel No. 765-08414-000
Tract No. 6
WARRANTY DEED
BE IT KNOWN BY THESE PRESENT
THAT Ricky Sparks and Dawn
called GRANTOR, for and in consideration
other good and valuable consideration,
acknowledged, do hereby grant, bargain,
Fayetteville, Arkansas, a municipal
GRANTEE, and unto Grantee's successors an
land situated in the County of Washington, State
arks, husband and wife, herein
f the sum of One Dollar ($1.00
the receipt of which is
ell and convey unto the
orporation, hereinafter
assigns, the following
f Arkansas, to -wit:
A part of the Southwest Quarter (SW1
Township Sixteen (16) North, Range Thi
particularly described as follows: Commenc
thence along the South line of said tract Nort
being at the Southeast (SE) corner of a p
recorded with the Circuit Clerk with said count
West 100.01 feet to the Southwest (SW) corn
property North 03°22'32" East 12.28 feet; thence
to the East line of said property; thence along sai
of Beginning, containing 1,261 square feet, more
way and 668 square feet in new proposed right -of
of the Southe
(30) West i
g at the So
87°28'29"
operty d
• thenc
r of
ea
w
er
and
reby
ity of
called
escribed
t Quarter (SE%) of Section Twenty (20),
Washington County, Arkansas, being more
heast (SE) corner of said forty (40) acre tract;
est 153.49 feet to the POINT OF BEGINNING
scribed in Instrument Number 2002-51159 as
continuing along said South line North 87°28'29"
aid property; thence along the West line of said
ing said West line South 87°51'20" East 100.02 feet
ast line South 03°22'32" West 12.95 feet to the Point
less, consisting of 593 square feet in existing right -of -
TO HAVE AND TO HOLD the said lands an', appu
Grantee's successors and assigns, forever. And the -aid Gran
lands and premises; that the same is unencumbered and that t
said lands against all legal claims whatever.
WITNESS the execution hereof on this th
Ricky Sparks
enances hereunto belonging unto the said Grantee and
ors, hereby covenant that they are lawfully seized of said
Grantors will forever warrant and defend the title to the
day o , 2012.
Dawn
arks
ACKNOWLEDGMEN
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
BE IT REMEMBERED, teat on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and tate, personally appeared Ricky Sparks and Da n Sparks, husband and wife, to me
well known as the persons who executed the foregoing document, and who stated d acknowledged that he/she/they had
so signed, executed and delive ed said instrument for the consideration, uses and puroses therein mentioned and set forth.
WITNESS my hand -•nd seal on this day of , 20
Notary Public
MY COMMISSION EXPIRES:
Cato Springs Road Widening
Parcel No. 765-08414-000
Tract No. 6-E
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRES. NTS:
THAT Ricky Sparks and D : wn Sparks, husband and wife, hereina - er
called GRANTORS, for and in consi• -ration of the sum of One Dollar ($1.00) -nd
other good and valuable consideration, he receipt of which is hereby acknowl - : ged,
do hereby GRANT, SELL and CONVE nto the City of Fayetteville, Arka as, a
municipal corporation, hereinafter =lled GRANTEE, and unto G antee's
successors and assigns, a temporary con - ruction and grading easemen • n, over,
and through the following described land sit ated in the County of Washin • ton, State
of Arkansas, for the sole purposes n essary for constructio of street
improvements, to -wit:
PROPERTY DESCRIPTION: (Deed Ref. 2002-
51159)
Lots Twenty Four (24) and Twenty Five (2 ) in Block Six. •
Quarter (SW%) of the Southeast Quarter ( 1/4) of Secti' n
Thirty (30) West.
LESS AND EXCEPT Cato Springs Road rig
Southeast Quarter (SE%4) of Section Twenty (2
Washington County, Arkansas, being more partic
(SE) corner of said forty (40) acre tract; thence alo
feet to the POINT OF BEGINNING being at the
Number 2002-51159 as recorded with the Circ
line North 87°28'29" West 100.01 feet to the S
line of said property North 03°22'32" East 1
100.02 feet to the East line of said property;
the Point of Beginning, containing 1,261 s
right-of-way and 668 square feet in new p
t-of-
TEMPORARY CONSTRUCTION AND GRADI
ou
Cle
thwe
.28 feet;
ence alon
are feet, mor
posed right -of-
), in Meadowvale, a subdivision of the Southwest
Twenty (20), Township Sixteen (16) North, Range
ay: A part of the Southwest Quarter (SW%) of the
ownship Sixteen (16) North, Range Thirty (30) West in
rly described as follows: Commencing at the Southeast
the South line of said tract North 87°28'29" West 153.49
east (SE) corner of a property described in Instrument
with said county; thence continuing along said South
(SW) corner of said property; thence along the West
ence leaving said West line South 87°51'20" East
said East line South 03°22'32" West 12.95 feet to
or less, consisting of 593 square feet in existing
ay.
EASEMENT DES
IPTION:
A part of Lots 24 and 25, Block 6 of M
the Southeast Quarter (SE%) of Secf
Washington County, Arkansas, bei
(SE) corner of said forty (40) acre tr
feet to the Southeast (SE) corner
along the East line of said prop
87°51'20" West 15.02 feet to th
thence North 02°08'40" East
West 20.00 feet to the Point
dowvale Subdivision, bei
n Twenty (20), Township Si
more particularly described a
ct; thence along the South line o
f said property described in said In
rty North 03°22'32" East 12.95 feet;
POINT OF BEGINNING; thence Contin
.00 feet; thence South 87°51'20" East
f Beginning, containing 772 square feet, m
a part of the Southwest Quarter (SW%) of
teen (16) North, Range Thirty (30) West in
follows: Commencing at the Southeast
said tract North 87°28'29" West 153.49
trument Number 2002-51159; thence
thence leaving said East line North
ng North 87°51'20" West 38.60 feet;
60 feet; thence South 02°08'40"
e or Tess.
Together with the rights, e--ements, and privileges in or to said lands which ay be required for the full enjoyment of
the rights herein granted.
This temporary constr tion and grading easement as conditioned above, sh
referenced project has been c•.. pleted by the contractor and accepted by the City of Faye
terminate when the hereinabove
ville, Arkansas.
It is expressly under-tood that the above temporary construction and grading easem t shall exclude any permanent
structure(s) which may be located or under construction within said temporary construction ease nt area during the construction
of this project.
TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, t• •ether with free ingress to
and egress from the real estate first herein above described for the uses and purposes herein abov: 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.
It 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.
GENERAL UTILITY EASEMENT
Page 2 of 2
WITNESS the execution hereo
n this the
Ricky Sparks
day of
, 2012.
Daw Sparks
ACK
STATE OF ARKANSAS
COUNTY OF WASHINGTON
OWLE U GMENT
BE IT REMEMBERED, that on this date, before the u
for said County and State, personally appeared Ricky Spar
persons who executed the foregoing document, and who stted
delivered said instrument for the consideration, uses and %urp
signed, a duly commissioned and acting Notary Public within and
a Dawn Sparks, husband and wife, to me well known as the
an • acknowledged that he/she/they had so signed, executed and
oses herein mentioned and set forth.
WITNESS my hand and seal on this lay of
MY COMMISSION EXPIRES:
, 2012.
Nota
Public