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Home My WebLink About152-13 RESOLUTIONRESOLUTION NO. 152-13 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY JAY STANLEY BAIRD, ROBERT N. AND LINDA J. CLAY, AND MCDONALD, LLC, NEEDED FOR WATER AND SEWER IMPROVEMENTS ALONG STATE HIGHWAY 16 NEAR THE WEST FORK OF THE WHITE RIVER BRIDGE 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 easements to facilitate water and sewer improvements, and WHEREAS, the City of Fayetteville needs to gain possession of these properties promptly in order to begin work on water and sewer improvements along State Highway 16 near the West Fork of the White River bridge. 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 condemnation and possession of property owned by Jay Stanley Baird that is needed for a water/sewer and temporary construction and grading easement for water and sewer improvements along State Highway 16 near the West Fork of the White River bridge, 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 condemnation and possession of property owned by Robert N. and Linda J. Clay that is needed for a water/sewer and temporary construction and grading easement for water and sewer improvements along State Highway 16 near the West Fork of the White River bridge, 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 condemnation and possession of property owned by McDonald, LLC that is needed for a water/sewer and temporary construction and grading easement for water and sewer improvements along State Highway 16 near the West Fork of the White River bridge, and to pay into the registry of the Circuit Court just compensation therefor. Page 2 Resolution No.1.52-13 PASSED and APPROVED this 2nd day of July, 2013. AP°Dnifirn• LIM ATTEST: By: d' WALL-= - `r 41p,,C�CL SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/2/2013 City Council Meeting Date Agenda Items Only David Jurgens Utilities Utilities Submitted By Division Department $ 19,000 $ 888,395 Hwy16 White River Bridge W/S Relocate Cost of this request Category / Project Budget Program Category / Project Name 5400.5600.5810.00 $ 82,694 Land Acquisition Account Number Funds Used to Date Program / Project Category Name 11012-1201 $ 805,701 Water and Sewer Project Number Remaining Balance Fund Name Budgeted Item 0 Budget Adjustment Attached n A l t,JLj fi Previous Ordinance or Resolution # Date r Original Contract Date: Original Contract Number: Date f,j Q • L—J-- (-'�U t3 Finance and Internal Services Director Date Received in City Clerk's Office DateReceived in yo�l Mayor's Office Dat Comments: �r' Revised January 15, 2009 Zayleev! e ANSAS� To: Thru: From: Date: Fayetteville City Council Mayor Lioneld Jordan Don Marr, Chief of Staff David Jurgens, Utilities Director �rY Water/Sewer Committee June 11, 2013 1 f CITY COUNCIL AGENDA MEMO MEETING DATE OF JULY 2, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS Subject: Hwy. 16 Bridge Water and Sewer Relocation Project Easement Condemnations RECOMMENDATION City Administration recommends a resolution authorizing the City Attorney to seek possession by condemnation of portions of properties along Highway 16 East at the West Fork of the White River Bridge, for the Arkansas Highway and Transportation Department (AHTD) bridge replacement project. The properties are owned by the individuals and/or organizations listed on the attached pages. The total potential cost is estimated at $19,000.00. BACKGROUND Relocation of existing water and sewer lines is required in preparation for the AHTD replacement of the Highway 16 bridge over the West Fork of the White River. The City currently has a 12 inch water line attached to the bridge, and it must be moved prior to the AHTD contractor performing substantive work on the bridge and the approaches. All of the existing water and sewer lines in this section of roadway are located within the AHTD right of way (ROW), so the City will bear the entire expense to relocate these lines. DISCUSSION Staff has acquired easements from 9 of 23 owners. We also have verbal and/or email agreement from ten more, but have not received the signed documents. We are not comfortable we have full agreement from the remaining four owners who are included in the request for Council action. These owners are aware of the City's intent to turn any unresolved easement purchases over to the City Attorney to initiate the condemnation process. Negotiations are still underway and may succeed with most of the owners, but the timing is such that we must proceed with the condemnation process in order to advertise the project. The AHTD has been putting pressure on the City to complete our project as soon aspossible. Tract Owner Initial Offer Tract 13 (Baird) $ 600 Tract 18(Clay) $ 450 Tracts 21-23 McDonald $ 9,525 Tract 26 Turn-Ke) $ 385 Total $ 10,960 BUDGET IMPACT Funds are available from water/sewer funds, project number 11012. Attachments: Case history and property exhibit for each tract Hwy 16 Bridge Easmnt Condemn CC Memo Jun13 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY JAY STANLEY BAIRD, ROBERT N. AND LINDA J. CLAY, AND MCDONALD, LLC, NEEDED FOR WATER AND SEWER IMPROVEMENTS ALONG STATE HIGHWAY 16 NEAR THE WEST FORK OF THE WHITE RIVER BRIDGE 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 easements to facilitate water and sewer improvements, and WHEREAS, the City of Fayetteville needs to gain possession of these properties promptly in order to begin work on water and sewer improvements along State Highway 16 near the West Fork of the White River bridge. 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 condemnation and possession of property owned by Jay Stanley Baird that is needed for a water/sewer and temporary construction and grading easement for water and sewer improvements along State Highway 16 near the West Fork of the White River bridge, 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 condemnation and possession of property owned by Robert N. and Linda J. Clay that is needed for a water/sewer and temporary construction and grading easement for water and sewer improvements along State Highway 16 near the West Fork of the White River bridge, 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 condemnation and possession of property owned by McDonald, LLC that is needed for a water/sewer and temporary construction and grading easement for water and sewer improvements along State Highway 16 near the West Fork of the White River bridge, and to pay into the registry of the Circuit Court just compensation therefor. PASSED and APPROVED this 2"d day of July, 2013. APPROVED: ATTEST: Im LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer , MIN «F 1 Tract 26 i ,Tract 13 Tracts 21-23 Tract 18 r �V r, CASE HISTORY WHITE RIVER BRIDGE WATEMEWER RELOCATES Jay Stanley Baird 3/28113 Offer packet mailed (to 4080 E. Huntsville, Fayetteville, AR) including offer letter ($500.40), proposed easement, and exhibit. 513113 Reminder letter sent {to 102 Carrigan Road #A, Elkins, AR}, Previous mailing had been returned. 5/30/13 Notification letter mailed to 102 Carrigan Road #A address. 6/11/13 No contact as of this date. Zayle �AR!(ANSAS I May 28, 2013 Jay Stanley Baird 102 Carrigan Road #A Elkins, AR 72727 RE: Dear Mr. Baird: White River Bridge Water/Sewer Relocates Tract No. 13 Notification THE CITY OF FAYETTEVILLE, ARKAN5A5 ENGINEERING 01VISION 125 West Mau nIQin Fayetteville, AR 72701 Phone 14791444.3443 On March 25, 2013, you were mailed a packet of information specific to property you own in connection with the relocation of utilities with the above mentioned project. A reminder letter was mailed on May 1, 2013 to an alternate address. However, as of the date of this letter, the City of Fayetteville has had no reply from you or your representative nor received signed documents. Construction bids for this project are scheduled to be opened soon. However, the City of Fayetteville needs to have all right-of-way and easements acquired well before construction begins. At the July 2, 2013 City Council meeting a resolution will be submitted seeking Council approval authorizing the City Attorney to seek condemnation and possession of the proposed easements, for the above -mentioned project, from those properties which have not signed documents. This meeting of the Fayetteville City Council will be held on July 2, 2013 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. You and/or your representative are welcome to attend. Upon approval by the City Council, procedures will be started by the City Attorney's office to obtain a writ of possession through the courts. However, please keep in mind that condemnation proceedings can be stopped at any time if an agreement is reached before the court date. If you have any questions or concerns about the call. A City land Agent will be glad to meet with you at project and the associated easements and acquisitions. Holly Jones at (479) 444-3414. If you do not have any offer, please execute the previously mailed documents Fayetteville. The documents must be executed by all particular property and notarized. Sincerely, Utilitiels Direbtor information sent to you, please do not hesitate to your convenience and discuss all phases of this Please contact Jill Goddard at (479) 444-3407 or questions or concerns and elect to accept our and vendor form and return them to the City of parties with current ownership interests in the Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 Z/ a e HltAN5A5� May 1, 2013 Jay Stanley Baird 102 Carrigan Road #A Elkins, AR 72727 White River Bridge Water/Sewer Relocates Tract No. 13 Reminder Letter Dear Mr. Baird: THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 12S West Mountain Fayetteville, AR 72701 Phone (479) 444-3443 On March 28, 2013, you were mailed a packet of information, including an offer of $345.00 for the rights associated with the permanent easement (2,570 square feet) and $255.00 for the rental of the property within the temporary construction and grading easement (4,713 square feet), for a total offer amount of $600.00, All of this is in connection with the relocation and extension of utilities prior to the Highway 16 widening. Unfortunately, this packet was returned to us; thus, we are trying an alternate address. Please keep in mind that the City will do everything in its power to return your property to a condition as good as or better than it was found. You will always have access to your property during construction. Your utilities will be re -connected with as little disruption to your service as possible. Unfortunately, time is running out for negotiations on this project. The contract will go to bid soon and the City of Fayetteville would like to have all easements acquired well before construction begins. All files not settled will result in a resolution being submitted to the City Council seeking their approval to authorize the City Attorney to seek condemnation and possession of the proposed easements from those properties which have not signed easement documents. To avoid files and negotiations being turned over to the City Attorney's office, it is imperative that one of us hear from you as soon as possible. Should you elect to accept this offer, the Water/Sewer Easement previously mailed to you should be executed by all parties with current ownership interest in the particular property. The document 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 document if you will advise our office accordingly. Upon receipt of the signed easement document and vendor form, a check will be requested and you will be paid the amount indicated in the offer letter. 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. Please contact Jill Goddard at (479) 444-3407 or Holly Jones at (479) 444-3414. For questions regarding engineering issues on the project, please contact Shannon Jones at (479) 444-3452 or I can be reached at (479) 575-8330. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Zayjee�vllle ANSAS� March 25, 2013 Jay Stanley Baird 4080 E. Huntsville Road, Apt. 2 Fayetteville, AR 72701-7488 RE Dear Mr. Baird: White River Bridge Water/Sewer Relocates Tract No. 13 Offer Letter THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479) 444-3443 As you may be aware, the Arkansas Highway and Transportation Department (AHTD) is planning improvements to Highway 16 East. In conjunction with this road widening, utility lines will be relocated outside of the right-of-way as well as extensions and loops will be made to the system. This relocation will require permanent easements. 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 $346.00 for the rights associated with the permanent easement (2,570 square feet) and $255.00 for the rental of the property within the temporary construction and grading easement (4,713 square feet), for a total offer amount of $600.00. 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 April 19, 2013. If we have not heard from you by then, we will be in immediate further contact. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The document 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 document if you will advise our office accordingly. Upon receipt of the document, a check will be requested and you will be paid the amount indicated in this offer letter. A copy of the Water/Sewer Easement is included for your records. We can provide a copy of the recorded document 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. For questions regarding engineering issues on the project, please contact Shannon Jones at (479) 444-3452 or I can be reached at (479) 575-8330. Sincerely, 0. - David rgens Utilitie irector DJ/jsg Enclos res Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 • Zayj�Li e � March 25, 2013 Jay Stanley Baird 4080 E. Huntsville Road, Apt. 2 Fayetteville, AR 72701-7488 RE: Dear Mr. Baird: White River Bridge Water/Sewer Relocates Tract No. 13 Offer Letter THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479) 444.3443 As you may be aware, the Arkansas Highway and Transportation Department (AHTD) is planning improvements to Highway 16 East. In conjunction with this road widening, utility lines will be relocated outside of the right-of-way as well as extensions and loops will be made to the system. This relocation will require permanent easements. 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 $345.00 for the rights associated with the permanent easement (2,570 square feet) and $255.00 for the rental of the property within the temporary construction and grading easement (4,713 square feet), for a total offer amount of $600.00. 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 dur)ng the construction of this project. Time is of the essence on. this project in order to keep construction on schedule. Please respond by April 19, 2013. If we have not heard from you by then, we will be in immediate further contact. Should you elect to accept this offer, the Wate►ISewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The document 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 document if you will advise our office accordingly. Upon receipt of the document, a check will be requested and you will be paid the amount indicated in this offer letter. A copy of the Water/Sewer Easement is included for your records. We can provide a copy of the recorded document 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. For questions regarding engineering issues on the project, please contact Shannon Jones at (479) 444-3452 or I can be reached at (479) 575-8330. Sincerely, David Jurgens Utilities Director DJ/jsg Enclosures Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 White River Bridge Water/Sewer Relocations Parcel No. 765-13089-000 Tract No. 13 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Jay Stanley Baird, a single person, 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 and a temporary construction and grading easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2004-00053166) A part of the NW% of the NW% of Section 19, Township 16 North, Range 29 West, being more particularly described as follows: Beginning at a point that is South 113.52 feet, North 89 degrees 33 minutes West 337.92 feet, South 559.51 feet, and North 56 degrees 20 minutes 33 seconds West 83.56 feet from the Northeast corner of the NWV4 of the NWY4 of said Section 19 and running thence South 33 degrees 24 minutes 07 seconds West 207.51 feet to the North right-of-way line of Arkansas State Highway No. 16; thence North 56 degrees 33 minutes West 131.78 feet along said right-of-way fine; thence leaving said right- of-way and running North 33 degrees 17 minutes East 135.15 feet; thence North 53 degrees 33 minutes West 66.17 feet; thence North 35 degrees 19 minutes East 69.6 feet; thence South 56 degrees 20 minutes 33 seconds East 195.81 feet to the point or beginning, containing 0.76 acres, more or less, City of Fayetteville, Washington County, Arkansas. Subject to easements and/or right of ways of record. LESS AND EXCEPT: That highway right-of-way as deeded to the Arkansas State Highway Commission in Deed Ref. 2012-00027347, containing 0.03 acres, more or less, and being a part of AHTD Job No. 040569. PERMANENT EASEMENT DESCRIPTION: Part of the Northwest Quarter (NW%) of the Northwest Quarter (NWY4) of Section 19, Township 16 North, Range 29 West, Washington County, Arkansas, being more particularly defined as follows; A twenty (20) foot permanent utility easement of equal and uniform width located within property described in Deed Record 2004-53166, said easement being adjacent to the North line of the new proposed right-of-way of Arkansas State Highway 16 (AHTD Job 040569). This permanent utility easement is shown and dimensioned on the attached Exhibit"A" Map and contains 2,570 square feet (0.06 acres), more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A temporary construction and grading easement of variable width located along the North side of the above permanent water/sewer easement as shown on the attached Exhibit "A" Map. This temporary construction and grading easement contains 4,713 square feet (0.11 acres), 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 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. 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, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. 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. WATER/SEWER EASEMENT Page 2 of 2 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 or agreement not herein expressed. WITNESS the execution hereof on this the day of 2013. Jay Stanley Baird (spouse) ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF 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 Jay Stanley Baird, a single person and to me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that he/they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of , 2013. MY COMMISSION EXPIRES: Notary Public PUE - 2,570 SO. FT.:(0.0:66AC,)TCE - 4,713 SO. FT. AC,) TRACT 14 UTILITY EASEMENT PLAT TRACT MAP N0. 13 EXHIBIT "A" NWNW 19-16-29 ` IL Jay Baird SCALED V = 50' Basis of Bearings: Based on the AHTD Job 040569 Coordinate System A, R I TRACT � 12 �nGSF b �4, w , L E G E N D Permanent Utility Easement • — Corner of Permanent Utility Easement 765-13089-000 — Tax Parcel Number 2004-53166 Deed Record NE CORNER - + NW1/4, NW1/4 SECTION 19 T-16-N, R-29-W TRACT 11 N87°27'20'W 330,51' — �C� CU „ -, NORTH LINE ADDISON ACRES Temporary Construction Easement - - Existing Utility Easement Line PUE — Permanent Utility Easement TCE — Temporary Construction Easement Property Owner : Jay Stanley Baird Project Name : CITY OF Drown by : McClelland Consulting Engineers Ar Hwy 16 W/S Line Relocation FAYETTEVILLE Date: Jan. 2013 Sale : 1" = 50, ND.1 Revislons Dote Water & Sewer Deportment Project No. 122124 AHTD Tract No. 16 Tract No. 13 VENDOR FORM Vendor # PLEASE RETURN TO: CITY OF FAYETTEVILLE 113 W. MOUNTAIN FAYETTEVILLE, AR 72701 (479) 444-3407 FAX: (479) 575-8202 (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 Corporation Partnership Tax-exempt organization under Section 501(a) Foreign Government X Individual Other (please explain) Tax Identification Number: Federal employer identification number OR Social Security number (for individual or sole proprietors) Name associated with above Social Security number certify that the above information is true and correct. Jay Stanley Baird Name ot Individualor Business ress City, State, Zip Code Signature Uate Please mail or FAX this completed form to the City of Fayetteville at the above address or FAX number. CASE HISTORY WHITE RIMER BRIDGE WATER/SEWER RELOCATES Robert N. & Linda J. Clay 3/28/13 Offer packet mailed (to 4186 E. Huntsville, Fayetteville, AR) including offer letter ($450.00), proposed easement, and exhibit. 5/3/13 Reminder letter sent (to 1002 W. Linden, Rogers., AR). Previous malling had been returned. 5130/13 Notification letter mailed to 1002 W. Linden address. 6/10/13 Robert Clay called. HJ to call and set appointment to meet on site this week. eev!e �ARI[RNSA51♦ May 28, 2013 Robert N. and Linda J. Clay 1002 W. Linden Rogers, AR RE Dear Mr, and Mrs. Clay: White River Bridge Water/Sewer Relocates Tract No. 18 Notification THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479) 444-3443 On March 25, 2013, you were mailed a packet of information specific to property you own in connection with the relocation of utilities with the above mentioned project. A reminder letter was mailed on May 1, 2013 to an alternate address. However, as of the date of this letter, the City of Fayetteville has had no reply from you or your representative nor received signed documents. Construction bids for this project are scheduled to be opened soon. However, the City of Fayetteville needs to have all right-of-way and easements acquired well before construction begins. At the July 2, 2013 City Council meeting a resolution will be submitted seeking Council approval authorizing the City Attorney to seek condemnation and possession of the proposed easements, for the above -mentioned project, from those properties which have not signed documents. This meeting of the Fayetteville City Council will be held on July 2, 2013 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. You and/or your representative are welcome to attend. Upon approval by the City Council, procedures will be started by the City Attorney's office to obtain a writ of possession through the courts. However, please keep in mind that condemnation proceedings can be stopped at any time if an agreement is reached before the court date. If you have any questions or concerns about the information sent to you, please do not hesitate to call. 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 or Holly Jones at (479) 444-3414. If you do not have any questions or concerns and elect to accept our offer, please execLlte the previously mailed documents and vendor form and return them to the City of Fayetteville. The documents must be executed by all parties with current ownership interests in the particular property and notarized. Sincerely, Davgil t r1 gUtilDir Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Z. ale mAitISAN5A5� May 1, 2013 Robert N. and Linda J. Clay 1002 W. Linden Rogers, AR 72756 RE Dear Mr. and Mrs. Clay: White River Bridge Water/Sewer Relocates Tract No, 18 Reminder Letter THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479) 444-3443 On March 28, 2013, you were mailed a packet of information, including an offer of $290.00 for the rights associated with the permanent easement (2,161 square feet) and $160.00 for the rental of the property within the temporary construction and grading easement (2,966 square feet), for a total offer amount of $450.00. All of this is in connection with the relocation and extension of utilities prior to the Highway 16 widening. Unfortunately, this packet was returned to us; thus we are trying an alternate address. Please keep in mind that the City will do everything in its power to return your property to a condition as good as or better than it was found. You will always have access to your property during construction. Your utilities will be re -connected with as little disruption to your service as possible. Unfortunately, time is running out for negotiations on this project. The contract will go to bid soon and the City of Fayetteville would like to have all easements acquired well before construction begins. All files not settled will result in a resolution being submitted to the City Council seeking their approval to authorize the City Attorney to seek condemnation and possession of the proposed easements from those properties which have not signed easement documents. To avoid files and negotiations being turned over to the City Attorney's office, it is imperative that one of us hear from you as soon as possible. Should you elect to accept this offer, the Wafer/Sewer Easement previously mailed to you should be executed by all parties with current ownership interest in the particular property. The document 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 document if you will advise our office accordingly. Upon receipt of the signed easement document and vendor form, a check will be requested and you will be paid the amount indicated in the offer letter. 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. Please contact Jill Goddard at (479) 444-3407 or Holly Jones at (479) 444-3414. For questions regarding engineering issues on the project, please contact Shannon Jones at (479) 444-3452 or I can be reached at (479) 575-8330. Sincerely, Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 Z• aye VV� e �ARKANSAS� March 25, 2013 Robert N. and Linda J. Clay 4186 E. Huntsville Road Fayetteville, AR 72701 RE: Dear Mr. and Mrs. Clay: White River Bridge Water/Sewer Relocates Tract No. 18 Offer Letter THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479) 444-3443 As you may be aware, the Arkansas Highway and Transportation Department (AHTD) is planning improvements to Highway 16 East. In conjunction with this road widening, utility lines will be relocated outside of the right-of-way as well as extensions and loops will be made to the system. This relocation will require permanent easements. 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 $290.00 for the rights associated with the permanent easement (2,161 square feet) and $160.00 for the rental of the property within the temporary construction and grading easement (2,966 square feet), for a total offer amount of $450.00. 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 April 19, 2013. If we have not heard from you by then, we will be in immediate further contact. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property, The document 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 document if you will advise our office accordingly. Upon receipt of the document, a check will be requested and you will be paid the amount indicated in this offer letter. A copy of the Wafer/Sewer Easement is included for your records. We can provide a copy of the recorded document 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. For questions regarding engineering issues on the project, please contact Shannon Jones at (479) 444-3452 or I can be reached at (479) 575-8330. Sincerely, �a D id rgen Utilitie Direc r DJ/jsg Enclos res Telecommunications Device for the Dear TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 * le Zay1ee(V1 � March25, 2013 Robert N. and Linda J. Clay 4186 E. Huntsville Road Fayetteville, AR 72701 RE Dear Mr. and Mrs. Clay: White River Bridge Water/Sewer Relocates Tract No. 18 Offer Letter THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479) 444-3443 As you may be aware, the Arkansas Highway and Transportation Department (AHTD) is planning improvements to Highway 16 East. In conjunction with this road widening, utility lines will be relocated outside of the right-of-way as well as extensions and loops will be made to the system. This relocation will require permanent easements. 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 $290.00 for the rights associated with the permanent easement (2,161 square feet) and $160.00 for the rental of the property within the temporary construction and grading easement (2,966 square feet), for a total offer amount of $450.00. 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 April 19, 2013. If we have not heard from you by then, we will be in immediate further contact. Should you elect to accept this offer, the WaterlSewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The document 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 document if you will advise our office accordingiy. Upon receipt of the document, a check will be requested and you will be paid the amount indicated in this offer letter. A copy of the WaterlSewer Easement is included for your records. We can provide a copy of the recorded document 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. For questions regarding engineering issues on the project, please contact Shannon Jones at (479) 444-3452 or I can be reached at (479) 575-8330, Sincerely, David Jurgens Utilities Director DJ/jsg Enclosures Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 White River Bridge Water/Sewer Relocations Parcel No. 765-13086-000 Tract No. 18 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Robert N. Clay and Linda J. Clay, 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 and a temporary construction and grading easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2005-23983) A part of the Fractional Northwest Quarter of the Fractional Northwest Quarter of Section Nineteen (19), Township Sixteen (16) North, Range Twenty Nine (29) West, and being more particularly described as follows, to -wit: Beginning at a point which is 501*11'33"E 869.97 feet from the Northeast corner of said Fractional 40 acre tract, and running thence 301*11'33"E 268.09 feet to the North right-of-way of Arkansas State Highway #16, thence N57°02'48"W along said highway right-of-way 210.21 feet, thence N24032'17"E 166.62 feet, thence N88048'27"E 10-1.63 feet to the Point of Beginning. Containing 0.71 acres, more or less. Subject to utility easements of record. PERMANENT EASEMENT DESCRIPTION: Part of the Northwest Quarter (NWY,) of the Northwest Quarter (NW%) of Section 19, Township 16 North, Range 29 West, Washington County, Arkansas, being more particularly defined as follows: A thirty (30) foot permanent utility easement of equal and uniform width located within property described in Deed Ref. 2005- 23983 and adjacent to the ten (10) feet of dedicated right-of-way as described in Deed Ref. 95-046073. This permanent utility easement is shown and dimensioned on the attached Exhibit "A" Map and contains 2,161 square feet (0.05 acres), more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A twenty-five (25) foot temporary construction and grading easement of equal and uniform width located along the North and East sides of the above permanent water/sewer easement as shown on the attached Exhibit "A" Map. This temporary construction and grading easement contains 2,966 square feet (0.07 acres), 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 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. 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, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. 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. WATER/SEWER EASEMENT Page 2 of 2 It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of Robert N. Clay STATE OF ARKANSAS COUNTY OF Linda J. Clay ACKNOWLEDGMENT ss. 2013. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Robert N. Clay and Linda J. Clay, husband and wife, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of .12013. MY COMMISSION EXPIRES: Notary Public PUE - 2,161 SQ. FT. (0.05 AC.) UTILITY EASEMENT PLAT TCE - 2,966 SQ. FT. (0.07 AC.) TRACT MAP NO. 18 EXHIBIT "A" 1< N87°27'20•W - 330,51, rvuKIH LINE ADDISON ACRES NE CORNER ~ NW1/4, NW1/4 3 SECTION 19 T-16-N, R-29-W Cu Basis of Bearings: Based on the AHTD Job 040569 Coordinate System LOT 18 ADDISON ACRES NWNW 19-16-29 TRACT 1` 61c), N" t , vSv�q�D L E G E N D Permanent Utility Easement • Corner of Permanent Utility Easement 765-13086-000 — Tax Parcel Number 2005-23983 Deed Record SCALE, 1' = 501 S87°21'21 "E 1J � Robert & Linda Clay 1 oe o0 Temporary Construction Easement - - - --- • - Existing Utility Easement Line PUE — Permanent Utility Easement TCE — Temporary Construction Easement Property Owner : Robert & Linda Clay Project Name : CITY OF Drawn by : McClelland Consulting Engineers Ar Hwy 16 W/5 Line Relocation FAYETTEVILLE Date: Jan. 2013 1 Scale : I" = J0' No. Revisions I Date Water & Sewer Department Project No. 122124 f AHTD Tract No. 22 1 Tract No. 18 VENDOR FORM Vendor # PLEASE RETURN TO: CITY OF FAYETTEVILLE 113 W. MOUNTAIN FAYETTEVILLE, AR 72701 (479) 444-3407 FAX: (479) 575-8202 (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 Corporation Partnership Tax-exempt organization under Section 501(a) Foreign Government X Individual Other (please explain) Limited Liability Company Tax Identification Number: 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. Robert N. and Linda J. Clay Name of Individualor Business ress City, State, Zip Code nature N/A Title Date Please mail or FAX this completed form to the City of Fayetteville at the above address or FAX number. CASE HISTORY WHITE RIVER BRIDGE WATER/SEWER RELOCATES McDonald LLC c/o Clint McDonald 3/28/13 Tract 21: Offer packet mailed (to 5081 Arkanshire Circle, Springdale, AR) including offer letter ($200.00), proposed easement ($165.00) temporary construction and grading easement, and exhibit. Tract 22: Packet mailed: Offer letter ($510.00) proposed easement, ($500.00) temporary easement, and exhibit. Tract 23: Packet mailed: Offer letter ($340.00) proposed easement, ($150.00) temporary easement, and exhibit. 4/1/13 Mr. McDonald called and informed JG that he would not be signing our documents until his plat was approved on Riverwalk S/D (not associated with this project) and he would charge the city a penalty against this easement acquisition for every day we held him up on this S/D project. 5/3/13 Reminder letter sent with a copy of the recorded and approved pat for Riverwalk S/D 5/17/13 Mr. McDonald called HJ to declare that the offer for this easement was too low based on the fact that he had been approved for a PZD "Bridgedale Plaza" in 2008. After speaking to Jesse Fulcher, HJ discovered that he had let the PZD expire and that all zoning rights to the property had expired with said PZD and that Mr. McDonald would now have to start again with this property before any development could begin on this property. HJ told him to email her a counter-offer. 5/29/13 Counter-offer was received from Mr. McDonald via email for $4.25/sf 6/11/13 Packet containing revised documents and our counter offer was mailed to Mr. McDonald for 25% of $4.25/sf for PE and 10% for TCE (TCEs also reduced where possible) Tr. 21: $1560.00 PE only Tr. 22: $4030.00 PE, $1275 TCE Tr. 23: $2660.00 PE 6/11/13 Notification letter mailed. In light of Mr. McDonald's attitude toward the City in regard to Riverwalk S/D, we felt a Notification Letter was appropriate. *I.. ZayLeglile SM March 25, 2013 McDonald LLC c/o Clint McDonald 5081 Arkanshire Circle Springdale, AR 72764-2567 RE Dear Mr. McDonald: White River Bridge Water/Sewer Relocates Tract No. 21 (Parcel No. 765-13094-000) Offer Letter THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479) 444-3443 As you may be aware, the Arkansas Highway and Transportation Department (AHTD) is planning improvements to Highway 16 East. In conjunction with this road widening, utility lines will be relocated outside of the right-of-way as well as extensions and loops will be made to the system. This relocation will require permanent easements. 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 $200.00 for the rights associated with the permanent easement (1,467 square feet) and $165.00 for the rental of the property within the temporary construction and grading easement (3,040 square feet), for a total offer amount of $365.00. 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 April 19, 2013. If we have not heard from you by then, we will be in immediate further contact. Should you elect to accept this offer, the WaterlSewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The document 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 document if you will advise our office accordingly. Upon receipt of the document, a check will be requested and you will be paid the amount indicated in this offer letter. A copy of the Water/Sewer Easement is included for your records. We can provide a copy of the recorded document 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. For questions regarding engineering issues on the project, please contact Shannon Jones at (479) 444-3452 or I can be reached at (479) 575-8330. Sincerely, David Jurgens Utilities Director DJ/jsg Enclosures Telecommunications Device for the Deaf TDD (479) 521-1316 113 west Mountain -Fayetteville, AR 72701 White River Bridge Water/Sewer Relocations Parcel No. 765-13094-000 Tract No. 21 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT McDonald LLC, 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 C" of Fayettev€lle, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement and a temporary construction and grading easernent to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2005-32920) A part of the West Half (W/) of the Northwest Quarter (NWY4) of Section 19, Township 16 North, Range 29 West, Washington County, Arkansas, described as follows: Beginning at a point on the South line of State Highway No. 16 which is 421.88 feet North and 554 feet West of the NE corner of the SW% of the NW% of said Section 19 and running thence N 58.5' W with the South line of said highway 13.77 feet, thence in a Southerly direction 536.6 feet to a point which is due South of the beginning point and 525.88 feet from said point; thence East 90 feet; thence North to the South line of said State Highway No. 16; thence N 58.5° W with the South line of said highway to the point of beginning, containing 1.073 acres, more or less. PERMANENT EASEMENT DESCRIPTION: Part of the Northwest Quarter (NWY4) of the Northwest Quarter (NW%) of Section 19, Township 16 North, Range 29 West, Washington County Arkansas, being more particularly defined as follows: A twelve (12) foot permanent utility easement of equal and uniform width located within property described in Deed Ref. 2005- 32920 and adjacent to the South line of an existing 15' utility easement as described in Deed Book 868 at Page 990. This permanent utility easement is shown and dimensioned on the attached Exhibit "A" Map and contains 1,467 square feet (0.03 acres), more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A twenty-five (25) foot temporary construction and grading easement of equal and uniform width located along the South side of the above permanent water/sewer easement as shown on the attached Exhibit "A" Map. This temporary construction and grading easement contains 3,040 square feet (0.07 acres), 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 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. 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, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. 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. WATERISEWER EASEMENT Page 2 of 2 It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 2013. McDonald LLC By: ATTEST: [Please print or type Name and Title] [Please print or type Name and Title] 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 and , to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the and , respectively, of the McDonald LLC, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2013. MY COMMISSION EXPIRES: Notary Public UTILITY EASEMENT PLAT PUE 1.467 SO. FT. (0.03 AC,) TRACT MAP NO. 21 TCE - 3,040 Si FT. (0.07 AC.) EXHIBIT "A" — - - -- in f ti in , 9 i }:. CU JPC �6 s pa J t \ }} \\ \ TRACT ` .. \essti OF . McDon aK LLC \ rn `' SCALE, V = 50' NWNW 19-16-29 Basis of Bearings: TRAC €' ♦ `� Based on the AHTD Ad 20 Job 040569 5E CORNER Coordinate System NWI/4, NW1/4 SECTION 19 T-16-N. R--29-W _ . 40 Acre lirze N67.15'53•W - 460,63 L E G E N❑ Permanent Utility Easement Temporary Construction Easement • — Corner of Permanent Utlllty Easement - - • - - - Existing Utility Easement Line 765-13094-000 Tax Parcel Number PUE Permanent Utility Easement 2005-32920 - -- Deed Record TCE — Temporary Construction Easement Property fawner : McDonald. LLC Project Name CITY OF Drown by : McClelland Consulting Engineers Ar Hwy 16 W/S Line Relocation FAYETTEVILLE Date: Jon. 2013 Scale : 1" = 50' No. Revisions fate Water & Sewer Department Project No. 122124 AHTO Tract No. 14 Tract No. 21 aZi 1 �CV1� =ARKANI S� March 25, 2013 McDonald LLC c/o Clint McDonald 5081 Arkanshire Circle Springdale, AR 72764-2567 RE: Dear Mr. McDonald: White River Bridge Water/Sewer Relocates Tract No. 22 (Parcel No. 765-13092-000) Offer Letter THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479)444.3443 As you may be aware, the Arkansas Highway and Transportation Department (AHTD) is planning improvements to Highway 16 East. In conjunction with this road widening, utility lines will be relocated outside of the right-of-way as well as extensions and loops will be made to the system. This relocation will require permanent easements. 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 $510.00 for the rights associated with the permanent easement (3,795 square feet) and $500.00 for the rental of the property within the temporary construction and grading easement (9,308 square feet), for a total offer amount of $1,010.00. 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 April 19, 2013. If we have not heard from you by then, we will be in immediate further contact. Should you elect to accept this offer, the WaterlSewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The document 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 document If you will advise our office accordingly. Upon receipt of the document, a check will be requested and you will be paid the amount indicated in this offer letter, A copy of the Water/Sewer Easement is included for your records. We can provide a copy of the recorded document 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. For questions regarding engineering issues on the project, please contact Shannon Jones at (479) 444-3452 or I can be reached at (479) 575-8330. Sincerely, David Jurgens Utilities Director DJ/jsg Enclosures Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 White River Bridge Water/Sewer Relocations Parcel No. 765-13092-000 Tract No. 22 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT McDonald LLC, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement and a temporary construction and grading easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Ref. 2005-32921) A part of the West half (WY2) of the Fractional Northwest Quarter (Fri. NWY4) of Section 19, Township 16 North, Range 29 West, being more particularly described as follows: Beginning at a point on the South right of way line of State Highway No. 16, which is 695.07 feet South and 22$.07 feet East of the Northwest corner of said West Half (W%,) of the Fractional Northwest Quarter (Fri. NWY4) (said point also being the Northeast corner of the Joe Franklin Hunt property), thence South 1173.64 feet; thence East 513.11 feet; thence North 446.94 feet; thence West 239,00 feet; thence North 01 °16'48" [West] 555.08 feet to the South right of way of the State Highway No. 16; thence North 56'50' West 312.49 feet to the point of beginning; containing 9.18 acres, more or less. PERMANENT EASEMENT DESCRIPTION: Part of the Northwest Quarter (NWY4) of the Northwest Quarter (NWY4) of Section 19, Township 16 North, Range 29 West, Washington County, Arkansas, being more particularly defined as follows: A twelve (12) foot permanent utility easement of equal and uniform width located within property described in Deed Ref. 2005- 32921 and adjacent to the South line of an existing 16' utility easement as described in Deed Book 957 at Page 629. This permanent utility easement is shown and dimensioned on the attached Exhibit "A" Map and contains 3,795 square feet (0.09 acres), more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A twenty-five (25) foot temporary construction and grading easement of equal and uniform width located along the South side of the above permanent water/sewer easement as shown on the attached Exhibit "A" Map. This temporary construction and grading easement contains 9,308 square feet (0.21 acres), 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 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. 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, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. 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. WATER/SEWER EASEMENT Page 2 of 2 It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of .2013. By: ATTEST: [Please print or type Name and Title] McDonald LLC [Please print or type Name and Title] 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 and , to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the and , respectively, of the McDonald LLC, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: Notary Public 2013. �r NW CORNER UTILITY EASEMENT PLAT TRACT MAP NO. 22 HUE -. 3,795 SQ. FT. (0.09 AC.) TCE - 9,308 5Q. FT. {D.21 AC.) NW1f4, Nw1/4 SECTION 19 o u4 EXHIBIT "A" -� -- T•-16--N, R-29--W N tp 47 N � y TRACT TRACT g� •Cr Ilk � y �2• 0� to) I I i 4 I TRACT�!, Ln fu I . I IN `' ...' P i SCALES 1' 70' Pru �,�•:-�.::-. Basis of Bearings: McDari.atd, LLC �.. I eosed on the AHTD I Jab ;I569 040Sys i Coordinate System / fu L E G E N DLn ni o. rn Permanent Utility Easement Temporary Construction Easement — Corner of Permanent Utility Easement Existing Utility Easement Line 765-13092-000 — Tux Parcel Number PUE — Permanent Utility Easement 2005-32921 -- Deed Record TCE — Temporary Construction Easement �^r Property Owner : McDonald, LLC Project Name : CITY OF Ar Hwy 16 W S Line Relocation Drown try ; McClelland Consulting Engineers Revtsians FA YETTEVILLE Date: Jan, 2013 Sccle : 1 " = 70' No Date Water & Sewer Department Project No. 122124 AHTO Tract No. 14 Troct No. 22 HRH March 25, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 12S West Mountain Fayetteville, AR 72701 Phone (479)444-3443 McDonald LLC c/o Clint McDonald 5081 Arkanshire Circle Springdale, AR 72764-2567 RE: White River Bridge Water/Sewer Relocates Tract No. 23 (Parcel No. 765-13095-000) Offer Letter Dear Mr. McDonald: As you may be aware, the Arkansas Highway and Transportation Department (AHTD) is planning improvements to Highway 16 East. In conjunction with this road widening, utility lines will be relocated outside of the right-of-way as well as extensions and loops will be made to the system. This relocation will require ppermanent easements. Any temporary construction and grading easements will terminate when the project has teen completed by the contractor and accepted by the City of Fayetteville. The City of Fayetteville hereby offers $340.00 for the rights associated with the permanent easement (2,504 square feet) and $150.00 for the rental of the property within the temporary construction and grading easement (2,789 square feet), for a total offer amount of $490.00. 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 April 19, 2013. If we have not heard from you by then, we will be in immediate further contact. Should you elect to accept this offer, the WaterlSewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The document 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 document if you will advise our office accordingly. Upon receipt of the document, a check will be requested and you wifl be paid the amount indicated in this offer letter. A copy of the WaterlSewer Easement is included for your records. We can provide a copy of the recorded document 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. For questions regarding engineering issues on the project, please contact Shannon Jones at (479) 444-3452 or I can be reached at (479) 575-8330. Sincerely, urgeqs— Diredtor Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 White River Bridge Water/Sewer Relocations Parcel No. 765-13095-000 Tract No. 23 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT McDonald LLC, 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 here b acknowledged, does hereby GRANT, SELL and CONVEY unto the City of layetteville, Arkansas, a municipal corporation, hereinafter caUed GRANTEE, and unto Grantee's successors and assigns, a permanent easement and a temporary construction and grading easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2006-10664, Tract A) Part of the West Half (W%) of the Northwest Quarter (NW!) of Section Nineteen (19), Township Sixteen North (16N), Range Twenty-nine West (29W) in Washington County, Arkansas, and being more particularly described as follows, to -wit: Commencing at the Northwest corner of said Section 19, thence South 717.90 feet; thence East 142.42 feet to the Point of Beginning; thence South 21°52'38" West 172.52 feet; thence South 68°21'21" East 165.57 feet; thence North 00'06'53" East 161.88 feet to the South right-of-way of Highway 16; thence North 56022'51" West 105.71 feet along said South right-of-way to the Point of Beginning, containing 0.49 acres, more or less. Subject to easements and rights -of -way of record. PERMANENT EASEMENT DESCRIPTION: Part of the Northwest Quarter (NW%) of the Northwest Quarter (NW%) of Section 19, Township 16 North, Range 29 West, Washington County, Arkansas, being more particularly defined as follows: A twenty-five (25) foot permanent utility easement of equal and uniform width located within property described in geed Ref. 2006-10664 and adjacent to the existing South right-of-way line of Arkansas Highway 16. This permanent utility easement is shown and dimensioned on the attached Exhibit "A" Map and contains 2,504 square feet (0.06 acres), more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A twenty-five (25) foot temporary construction and grading easement of equal and uniform width located along the South side of the above permanent water/sewer easement as shown on the attached Exhibit "A" Map. This temporary construction and grading easement contains 2,789 square feet (0.06 acres), 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 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. 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, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. 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. WATER/SEWER EASEMENT Page 2 of 2 It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of .2013. McDonald LLC By: ATTEST: [Please print or type Name and Title] [Please print or type Name and Title] 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 _ and , to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the and , respectively, of the McDonald LLC, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of , 2013. MY COMMISSION EXPIRES: Notary Public UTILITY EASEMENT PLAT NW CORNER PUE - 2,504 SO, FT. (0.06 AC.) # NWt/4, NW1/4 TRACT MAP NO. 23 TCE - 2,789 SQ. FT. (O.06 AC.) SECTION 19 EXHIBIT A T-16-N, R--29--W tv n TRACT ." SS • Rb,�, • `•ocd TRACT tv In • r2 u � o`Lo ••b`?i '. I •.tip 1'un • ` \ i c;:•� �• 3 • \ I pS�r:.:r r. • •Pk �► I < • tiad�• •v re b c I • ��g � oa � ` • McDonald, LLC q i SCALD 1' = 70' i Basis of Bearings: _..• TRACT �I Based on the AFlTD 22 Job 040569 ,y Coordinate System LEGEND Permanent Utility Easement Temporary Construction Easement N in • — Corner of Permanent Utility Easement -- -- -- - Existing Utility Easement Line 765-13095-000 — Tax Parcel Number PUE — Permanent Utility Easement 2006-10664 — Deed Record TCE — Temporary Construction Easement Property Owner : McDonald, LLC Project Name CITY OF Drawn by : McClelland Consulting Engineers Ar Hw 16 W/S Line Relocation FAYETTEVILLE Date: Jan. 2013 scale : 1" = 70. N Revisions Date Woter & Sewer Department Project No. 122124 1 AHTD Tract No. 14 Tract No. 23 VENDOR FORM Vendor # PLEASE- RETURN TO ° CITY OF FAYETTEVILLE 113 W. MOUNTAIN FAYETTEVILLE, AR 72701 (479) 444-3407 FAX: (479) 575-8202 (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 Corporation Partnership Tax-exempt organization under Section 501(a) Foreign Government Individual X Other (please explain) Limited Liability Company Tax Identification Number: 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. McDonald LLC Name of Individualor Business 5081 Arkanshire Circle A ress Springdale, AR 74764-2567 City, State, Z`pCocTe ature Date Please mail or FAX this completed form to the City of Fayetteville at the above address or FAX number. ■ a,e�ie �r �M1RKAHSAS� May 8, 2013 McDonald LLC c/o Clint McDonald 5081 Arkanshire Circle Springdale, AR 72764-2567 RE: Dear Mr. McDonald: White River Bridge Water/Sewer Relocates Tract Nos. 21, 22, & 23 Reminder Letter THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479)444-3443 On March 28, 2013, you were mailed three packets of information, including offers for the rights associated with the permanent water/sewer easements. All of this is in connection with the relocation and extension of utilities prior to the Highway 16 widening. We haven't received signed paperwork. Please keep in mind that the City will do everything in its power to return your property to a condition as good as or better than it was found. You will always have access to your property during construction. Your utilities will be re -connected with as little disruption to your service as possible. You had mentioned in a phone call that you did not want to discuss the easements along Highway 16 until the final plat for Riverwalk Subdivision, Phase I (a separate project) had been approved. This plat has now been signed and recorded (copy enclosed). Unfortunately, time is running out for negotiations on this project. The contract will go to bid soon and the City of Fayetteville would like to have all easements acquired well before construction begins. All files not settled will result in a resolution being submitted to the City Council seeking their approval to authorize the City Attorney to seek condemnation and possession of the proposed easements from those properties which have not signed easement documents. To avoid files and negotiations being turned over to the City Attorney's office, it is imperative that one of us hear from you as soon as possible. Should you elect to accept this offer, the WaterlSewer Easements previously mailed to you 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 signed easement documents and vendor form, a check(s) will be requested and you will be paid the amount indicated in the offer letters. 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. Please contact Jill Goddard at (479) 444-3407 or Holly Jones at (479) 444-3414. For questions regarding engineering issues on the project, please contact Shannon Jones at (479) 444-3452 or I can be reached at (479) 575-8330. Sincerely, Telecommunicatlons Device For the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 .9SVNd NOISMOMS MIVAI -IAB! snna'inxnF . SW—NinNI 'unM SUVIOOSSV V NMNaDNOf OZORKO DQ , uIlr�et�nm�rQk e ��aQ 1 4eP�� t L�gyxy` elkFi �c,lg 5p5p5p }�7i?¢rnr,; 47 ��zy ICE. p S`h Page 1 of 1 Holly Jones - White River Bridge Water/Sewer Relocates for Tracts 21,22 & 23 From: <clintonneal@a,aol.com> To: <hj ones@ci.fayetteville.ar.us> Date: 5/29/2013 7:58 AM Subject: White River Bridge Water/Sewer Relocates for Tracts 21,22 & 23 Attachments: Bridgedale_Plaza Appraisal_5-3-12_(1).pdf Ms. Holly Jones, I have looked over the proposal for purchasing the PUE along Hwy 16 that takes up a portion of my property. In purchasing the PUD stated, it would reduce the amount of land that can be developed. I understand parking lots can be placed over utilities, but structures can not. For example, if the land sold and went back through planning, one may be forced to put buildings close to street and parking in the rear. I know this is a trend we are seeing as developers. In this example, one would we be forced to move buildings back from HWY further, do to the PUE, therefore reducing the amount of land that can be developed. I understand I would still have 16 acres, it is just that my acres that could be developed would be decreased, therefore costing me $4.25 per square foot. In closing, this is my offer to purchase the land area for the PUE .... $4.25 per square foot. Attached is a recent appraisal on the area in question that will illustrate this clearly. Thank you, Clint McDonald file:///C:/Users/hjones/AppData/Local/Temp/XPgrpwise/51 A513525FAYETTEVILLECIT... 5/29/2013 ARKANSA June 7, 2013 N McDonald LLC c/o Clint McDonald 5081 Arkanshire Circle Springdale, AR 72764-2567 0:1 Dear Mr. McDonald: White River Bridge Water/Sewer Relocates Tract No. 21, Tract 22, Tract 23 Side Letter And Offer Acceptance THE CITY OF FAYETTEVILLE, ARKANSAS Thank you for calling and emailing Holly Jones and voicing all your concerns. ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479)444-3443 We would like to reassure you that any damage done to your yards and driveways on these tracts during construction will be repaired and returned to a condition as good as or better than it was found and you and or your tenants will always have access to the property during construction. We hereby accept your counter offer as follows: We have reduced and/or removed the temporary construction easements on all three tracts. On Tract 21: the Ulty of !-ayetteville herein offers $1,560.00 for the rights associated with the permanent easement (1,467sf). On Tract 22: the City of Fayetteville offers $4,030.00 for the rights associated with permanent easement (3,795sf) and $1,275.00 rental of the property within the temporary construction and grading easement (3,000sf). On Tract 23: the City of Fayetteville offers $2,660.00 for the rights associated with the permanent easement (2,504sf), for a total new offer of $9,625.00. Enclosed you will find revised WaterlSewer Easements showing reduced and/or removed temporary construction and grading easements. `these documents should be signed by all parties with ownership interest in the property and returned to the City along the enclosed Vendor Form (signed with either EIN or SSN). As soon as these documents are received a check will be requested for the full amount shown above. It takes approximately three weeks for the checks to be processed through our system. I appreciate your cooperation on this project and if you have any concerns or questions during construction, please don't hesitate to contact Jill Goddard at (479) 444-3407, Holly Jones at (479) 444-3414, or for questions regarding engineering issues on the project, please contact Shannon Jones at (479) 444-3452 or I can be reached at (479) 575-8330. Sincerely, di djfM� Davi Jt�rg ns Utili s Director DJ/hJ Enclosure Telecommunications Device For the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 White River Bridge Water/Sewer Relocations Parcel No. 765-13094-000 Tract No. 21 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT McDonald LLC, 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 to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2005-32920) A part of the West Half (WI/2) of the Northwest Quarter (NWY4) of Section 19, Township 16 North, Range 29 West, Washington County, Arkansas, described as follows: Beginning at a point on the South line of State Highway No. 16 which is 421.88 feet North and 554 feet West of the NE corner of the SW% of the NW%4 of said Section 19 and running thence N 58.5° W with the South line of said highway 13.77 feet, thence in a Southerly direction 536.6 feet to a point which is due South of the beginning point and 525.88 feet from said point; thence East 90 feet; thence North to the South line of said State Highway No. 16; thence N 58.5° W with the South line of said highway to the point of beginning, containing 1.073 acres, more or less. PERMANENT EASEMENT DESCRIPTION: Part of the Northwest Quarter (NW%) of the Northwest Quarter (NW'/,) of Section 19, Township 16 North, Range 29 West, Washington County, Arkansas, being more particularly defined as follows: A twelve (12) foot permanent utility easement of equal and uniform width located within property described in Deed Ref. 2005-32920 and adjacent to the South line of an existing 15' utility easement as described in Deed Book 868 at Page 990. This permanent utility easement is shown and dimensioned on the attached Exhibit "A" Map and contains 1,467 square feet (0.03 acres), 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, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. 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, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. 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 or agreement not herein expressed. WITNESS the execution hereof on this the day of , 2013. By: ATTEST: [Please print or type Name and Title] McDonald LLC [Please print or type Name and Title] WATER/SEWER EASEMENT Page 2 of 2 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 and , to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the and , respectively, of the McDonald LLC, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of .2013. MY COMMISSION EXPIRES: Notary Public 'TRACT `2 2 UTILITY EASEMENT PLAT PUE - 1.467 So, FT. (0.03 AC,) TRACT MAP NO. 21 TCE - NONE EXHIBIT "A" .- - - --- - — _ -_ - ` `o I `. � .,fir � � • `\ 1 1 r.s y \ u�- McDonald, LLC SCALE, V = 50' Basis of Bearings: Based on the AHTD Job 040569 Coordinate System - 40 Acre lane NWNW 19-16-29 W TRACT Ln 0i 20, z 1- N87'15'53'W - 460.63' L E G E N D 77 Permanent Utility Easement • — Corner of Permanent Utility Easement 765-13094-000 Tax Parcel Number 2005-32920 Deed Record i SE CORNER NW1/4, NW1/4 SECTION 19 T-16-N, R-29-W �:7r+ Temporary Construction Easement - — Existing Utility Easement Line PUE Permanent Utility Easement TCE — Temporary Construction Easement Property Owner : McDonald, LLC Project Name : CITY OF Ar Hwy 16 W/S Line Relocation Drown by : McClelland Consulting Engineers FAYETTEVILLE Date: June, 2013 Scale : 1" = 50' No. Revisions I Date Woter & Sewer Deportment Project No. 122124 AHTD Tract No. 14 Tract No. 21 White River Bridge Water/Sewer Relocations Parcel No. 765-13092-000 Tract No. 22 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT McDonald LLC, 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 and a temporary construction and grading easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2005-32921) A part of the West half (W'/2) of the Fractional Northwest Quarter (Fri, NW%<) of Section 19, Township 16 North, Range 29 West, being more particularly described as follows. Beginning at a point on the South right of way line of State Highway No. 16, which is 695.07 feet South and 229.07 feet East of the Northwest corner of said West Half (W'/2) of the Fractional Northwest Quarter (Fri. NW%) (said point also being the Northeast corner of the Joe Franklin Hunt property), thence South 1173.64 feet; thence East 513.11 feet; thence North 446.94 feet; thence West 239.00 feet; thence North 01'16'48" [West] 555,08 feet to the South right of way of the State Highway No. 16; thence North 56050' West 312.49 feet to the point of beginning; containing 9.18 acres, more or less. PERMANENT EASEMENT DESCRIPTION: Part of the Northwest Quarter (NW%<) of the Northwest Quarter (NW%) of Section 19, Township 16 North, Range 29 West, Washington County, Arkansas, being more particularly defined as follows: A twelve (12) foot permanent utility easement of equal and uniform width located within property described in Deed Ref. 2005- 32921 and adjacent to the South line of an existing 15' utility easement as described in Deed Book 957 at Page 629. This permanent utility easement is shown and dimensioned on the attached Exhibit "A" Map and contains 3,795 square feet (0.09 acres), more or less, TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A twenty-five (25) foot temporary construction and grading easement of equal and uniform width located along the South side of the above permanent water/sewer easement as shown on the attached Exhibit "A" Map. This temporary construction and grading easement contains 3,000 square feet (0.07 acres), 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 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. 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, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. 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. WATERISEWER EASEMENT Page 2 of 2 It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the ATTEST: [Please print or type Name and Title] STATE OF ARKANSAS COUNTY OF WASHINGTON day of .2013. McDonald LLC By: [Please print or type Name and Title] 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 _ and , to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the and , respectively, of the McDonald LLC, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2013. MY COMMISSION EXPIRES: Notary Public NW CORNER UTILITY EASEMENT PLAT PUE - 3.795 SO. FT. (0.09 AC.) NW11/4, NW1/4 TRACT MAP NO. 22 TCE — 3,000 SQ. FT. (0.07 AC) SECTION 19 EXHIBIT "A" - - -- - -------- T-16-N, R-29-W \ ` \` NbIt -IN s ;;b s IN, TRACT 14 Ns l ' TRACIT4y � IN \� N. a ..:� I 4� i----------- SCALD V = 70' "' i Basis of Bearings: McDonald, LLC a I Based on the AHTD ' Job 040569 + y� Coordinate System + 3 ' N LEGEND ,•', �' (u _ u N Permanent Utility Easement Temporary Construction Easement Vl • — Corner of Permanent Utility Easement -- — -- — Existing Utility Easement Line 765-13092-000 — Tax Parcel Number PUE — Permanent Utility Easement 2005-32921 — Deed Record TCE — Temporary Construction Easement Property Owner : McDonald, LLC Project Name : CITY OF Ar Hwy 16 W/S Llne Relocation Drawn by : McClelland Consulting Engineers FAYETTEVILLE Date: June, 2013 Scale : 1" = 70' No. Revisions I Date Water & Sewer Department Project No. 122124 AHTD Tract No. 14 Tract No. 22 White River Bridge Water/Sewer Relocations Parcel No. 765-13095-000 Tract No. 23 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT McDonald LLC, 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 to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2006-10664, Tract A) Part of the West Half (W'/2) of the Northwest Quarter (NW%) of Section Nineteen (19), Township Sixteen North (16N), Range Twenty-nine West (29W) in Washington County, Arkansas, and being more particularly described as follows, to -wit: Commencing at the Northwest corner of said Section 19, thence South 717.90 feet; thence East 142.42 feet to the Point of Beginning; thence South 21°52'38" West 172.52 feet; thence South 68°21'21" East 165.57 feet; thence North 00"06'53" East 161.88 feet to the South right-of-way of Highway 16; thence North 56°22'51" West 105.71 feet along said South right-of-way to the Point of Beginning, containing 0.49 acres, more or less. Subject to easements and rights -of -way of record. PERMANENT EASEMENT DESCRIPTION: Part of the Northwest Quarter (NW%) of the Northwest Quarter (NW%) of Section 19, Township 16 North, Range 29 West, Washington County, Arkansas, being more particularly defined as follows: A twenty-five (25) foot permanent utility easement of equal and uniform width located within property described in Deed Ref. 2006-10664 and adjacent to the existing South right-of-way line of Arkansas Highway 16. This permanent utility easement is shown and dimensioned on the attached Exhibit "A" Map and contains 2,504 square feet (0.06 acres), 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, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. 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, 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 high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. 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 or agreement not herein expressed. WITNESS the execution hereof on this the day of _ 2013. By: ATTEST: lease print or type Name and Title] McDonald LLC [Please print or type Name and Title] WATER/SEWER EASEMENT Page 2 of 2 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, personall appeared _ and , to me well known as the persons who executed the fooregoing document, and who stated and acknowledged that they are the and , respectively, of the McDonald LLC, and are duly authorized in their respective capacities to execute the foregoing instrument fcr and in the name and behalf of said company, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of .2013. MY COMMISSION EXPIRES: Notary Public 4 f NW CORNER UTILITY EASEMENT PLAT �f PUE - 2,504 SQ. FT. (0-06 AC.) NWt/4, NW1/4 TRACT MAP NO. 23 �I TOE - NONE SECTION 1s EXHIBIT A ' T-16-N, R-29-W N , v �n N � N ' lh- TRACT ti Abu' ti �� / p Rai �• ( N, k �.. ru �J McDonald. LLC / <v i SCALE, 1' = 70' _ iBasis of Bearings: TRACT J Based on the AHTD �� / Job 040569 �yt Coordinate System Q L E G E N D (u (71 Permanent Utility Easement Temporary Construction Easement P • — Corner of Permanent Utility Easement -- -- -- - Existing Utility Easement Line 765-13095-000 — Tax Parcel Number PUE — Permanent Utility Easement 2006-10564 — Deed Record TCE — Temporary Construction Easement Property Owner : McDonald, LLC Project Name : CITY OF Ar Hwy 16 W/S Line Relocation Drawn by McClelland Consulting Engineers FAYETTEVILLE Date: June, 2013 Scale : 1" = 70• No.1 Revisions I Date Water & Sewer Department Project No. 122124 1 AHTD Tract No. 14 Tract No. 23 CASE HISTORY WHITE RIVER BRIDGE WATER/SEWER RELOCATES Turn -Key Homes of NWA LLC 3/28/13 Offer packet mailed (to P.O Box 180, Goshen, AR) including offer letter ($385.00), proposed easement, and exhibit. 5/3/13 Reminder letter sent (to Attn: Brandon Sullivan, 701 W. Sharp Dr., Fayetteville, AR). 5/13/13 Sharp Drive mailing returned. Mailed out to Attn: Brandon Sullivan, 1031 N. College Ave., Fayetteville, AR. 5/30/13 Notification letter mailed to 1031 N. College Ave. address. 6/5/13 Brandon Sullivan called. Said he will send in signed documents. l ayley!e H5AS� May 28, 2013 Turn -Key Homes of NWA LLC Attn: Brandon Sullivan 1031 North College Fayetteville, AR 72701 RE: Dear Mr. Sullivan: White River Bridge Water/Sewer Relocates Tract No. 26 Notification THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 12S West Mountain Fayetteville, AR 72701 Phone (479) 444-3443 On March 25, 2013, you were mailed a packet of information specific to property you own in connection with the relocation of utilities with the above mentioned project. A reminder letter was mailed on May 1, 2013 to an alternate address, with yet a third attempt (third address) on May 13, 2013. However, as of the date of this letter, the City of Fayetteville has had no reply from you or your representative nor received signed documents. Construction bids for this project are scheduled to be opened soon. However, the City of Fayetteville needs to have all right-of-way and easements acquired well before construction begins. At the July 2, 2013 City Council meeting a resolution will be submitted seeking Council approval authorizing the City Attorney to seek condemnation and possession of the proposed easements, for the above -mentioned project, from those properties which have not signed documents. This meeting of the Fayetteville City Council will be held on July 2, 2013 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. You and/or your representative are welcome to attend. Upon approval by the City Council, procedures will be started by the City Attorney's office to obtain a writ of possession through the courts. However, please keep In mind that condemnation proceedings can be stopped at any time if an agreement is reached before the court date. If you have any questions or concerns about the call. A City Land Agent will be glad to meet with you at project and the associated easements and acquisitions. Holly Jones at (479) 444-3414. If you do not have any offer, please execute the previously mailed documents Fayetteville. The documents must be executed by all particular property and notarized. Sincerely, information sent to you, please do not hesitate to your convenience and discuss all phases of this Please contact Jill Goddard at (479) 444-3407 or questions or concerns and elect to accept our and vendor form and return them to the City of parties with current ownership interests in the Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 a � ��lle �ARKANSAS r May 1, 2013 Turn -Key Homes NWA, LLC Attn: Brandon Sullivan 701 W. Sharp Drive Fayetteville, AR 72703 RE: Dear Mr. Sullivan: White River Bridge Water/Sewer Relocates Tract No. 26 Reminder Letter THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479) 444-3443 On March 28, 2013, you were mailed a packet of information, including an offer of $255.00 for the rights associated with the permanent easement (1,874 square feet) and $130.00 for the rental of the property within the temporary construction and grading easement (2,357 square feet), for a total offer amount of $385.00, All of this is in connection with the relocation and extension of utilities prior to the Highway 16 widening. As we haven't heard from you since nor have we received signed paperwork, we are trying an alternate address. Please keep in mind that the City will do everything in its power to return your property to a condition as good as or better than it was found. You will always have access to your property during construction. Your utilities will be re -connected with as little disruption to your service as possible. Unfortunately, time is running out for negotiations on this project. The contract will go to bid soon and the City of Fayetteville would like to have all easements acquired well before construction begins. All files not settled will result in a resolution being submitted to the City Council seeking their approval to authorize the City Attorney to seek condemnation and possession of the proposed easements from those properties which have not signed easement documents. To avoid files and negotiations being turned over to the City Attorney's office, it is imperative that one of us hear from you as soon as possible. Should you elect to accept this offer, the Water/Sewer Easement previously mailed to you should be executed by all parties with current ownership interest in the particular property. The document 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 document it you will advise our office accordingly. Upon receipt of the signed easement document and vendor form, a check will be requested and you will be paid the amount indicated in the offer letter. 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. Please contact Jill Goddard at (479) 444-3407 or Holly Jones at (479) 444-3414. For questions regarding engineering issues on the project, please contact Shannon Jones at (479) 444-3452 or I can be reached at (479) 575-8330. Sincerely, Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Zaye Vv■�V AH![ANSAS)♦ March 25, 2013 Turn -Key Homes NWA, LLC P.O. Box 180 Goshen, AR 72735 RE Dear Sir or Madam: White River Bridge Water/Sewer Relocates Tract No. 26 Offer Letter THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479)444-3443 As you may be aware, the Arkansas Highway and Transportation Department (AHTD) is planning improvements to Highway 16 East. In conjunction with this road widening, utility lines will be relocated outside of the right-of-way as well as extensions and loops will be made to the system. This relocation will require permanent easements. 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 $255.00 for the rights associated with the permanent easement (1,874 square feet) and $130.00 for the rental of the property within the temporary construction and grading easement (2,357 square feet), for a total offer amount of $385.00. 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 April 19, 2013. If we have not heard from you by then, we will be in immediate further contact. Should you elect to accept this offer. the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The document 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 document if you will advise our office accordingly. Upon receipt of the document, a check will be requested and you will be paid the amount indicated in this offer letter. A copy of the Water/Sewer Easement is included for your records. We can provide a copy of the recorded document 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. For questions regarding engineering issues on the project, please contact Shannon Jones at (479) 444-3452 or I can be reached at (479) 575-8330. Sincerely, David urgs� Utilities Director DJ/jsg Enclosures Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 j1e ayL� S March 25, 2013 Turn -Key Homes NWA, LLC P.O. Box 180 Goshen, AR 72735 RE Dear Sir or Madam: White River Bridge Water/Sewer Relocates Tract No. 26 Offer Letter THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479)444-3443 As you may be aware, the Arkansas Highway and Transportation Department (AHTD) is planning improvements to Highway 16 East. In conjunction with this road widening, utility lines will be relocated outside of the right-of-way as well as extensions and loops will be made to the system. This relocation will require permanent easements. 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 $255.00 for the rights associated with the permanent easement (1,874 square feet) and $130.00 for the rental of the property within the temporary construction and grading easement (2,357 square feet), for a total offer amount of $385.00. 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 April 19, 2013. If we have not heard from you by then, we will be in immediate further contact. Should you elect to accept this offer, the Water/Sewer Easement contained herein should be executed by all parties with current ownership interest in the particular property. The document 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 document if you will advise our office accordingly. Upon receipt of the document, a check will be requested and you will be paid the amount indicated in this offer letter. A copy of the Water/Sewer Easement is included for your records. We can provide a copy of the recorded document 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 Accent 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. For questions regarding engineering issues on the project, please contact Shannon Jones at (479) 444-3452 or I can be reached at (479) 575-8330. Sincerely, David Jurgens Utilities Director DJ/jsg Enclosures Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 White River Bridge Water/Sewer Relocations Parcel No. 765-14243-000 Tract No. 26 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Turn -Key Homes of Northwest Arkansas, LLC, an Arkansas limited Liabilq Company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receiAt 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 and a temporary construction and grading easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, 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. 2012-00002368) A part of the SW'/, of the SE'/. of Section 13, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows, to -wit: Beginning at a point 43.5 feet West of the Southeast corner of said forty acre tract, and running thence North 6 degrees East 229.8 feet to an iron stake on the South line of the right of way of Highway #16, thence North 70 degrees 30 minutes West along the South right-of-way of Highway 110 feet to an iron stake, thence South 7 degrees West along an existing fence line 272 feet to the South line of said forty acre tract (said point being 229 feet East of the Southwest corner of a five acre tract conveyed to Mrs. Mole E. Thomas by G. A. Lawson and Allie Lawson, his wife, said deed recorded in record book 338 at page 392), thence East 112.5 feet to the point of beginning, containing 0.64 acres, more or less. LESS AND EXCEPT: That highway right-of-way as deeded to the Arkansas State Highway Commission in Deed Ref. 2012-00029779, containing 79 square feet, more or less, and being a part of AHTD Job No. 040569. PERMANENT EASEMENT DESCRIPTION: Part of the Southwest Quarter (SW'/.) of the Southeast Quarter (SE%) of Section 13, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly defined as follows: A twenty (20) foot permanent utility easement of equal and uniform width located within property described in Deed Ref. 2012- 2368 and adjacent to the South line of the new proposed right-of-way of Arkansas State Highway 16 (AHTD Job 040569) and to the existing South right-of-way line of Arkansas Highway 16. This permanent utility easement is shown and dimensioned on the attached Exhibit "A" Map and contains 1,874 square feet (0.04 acres), more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A twenty-five (25) foot temporary construction and grading easement of equal and uniform width located along the South side of the above permanent water/sewer easement as shown on the attached Exhibit "A" Map. This temporary construction and grading easement contains 2,357 square feet (0.05 acres), 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 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 presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. 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, 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 high water. WATER/SEWER EASEMENT Page 2 of 2 The Grantor agrees not to erect any buildings or structures in said permanent easement. 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 or agreement not herein expressed. WITNESS the execution hereof on this the day of , 2013. By: ATTEST: [Please print or type Name and Title] Turn -Key Homes of Northwest Arkansas, LLC [Please print or type Name and Title] 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 and , to me well known as the persons who executed the foregoing document, and who stated andacknowledged that they are the and , respectively, of the .furn-Key Homes of Northwest Arkansas, LLC, an Arkansas limited Liability Company, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth, WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: Notary Public 2013. UTILITY EASEMENT PLAT PUE - 1.874 SO, F f. {0.04 AC.} TRACT MAP NO. 26 Tt;E _ 2,357 S4. FT. {O.05 AC.} EXHIBIT "A" 6' a J � _ 1 4 � �� Rily � O S7 • �� m N� 1f 1f's ry 14Z _ �-� 4¢ 9,�7re - SCALD1` SO' ❑ Basis of Bearings: _ Based on the AHTD Job 040569 � Coordinate System OS Rnn �i o Nous E kie :::: SWSE N�1• �- 13-15-3D TRACT w fn CH = 209'201E 5r @ .n u' R = 3,695,50' o m ' � N L = 48.51, - . CL = 48.511 r _0 15' O E. (BY4-64:5] TRACT SESE CH = N66* 6•29•W Turn -Key Homes 13-16-30 ru R = 3,675.50, of L = 52,71' NW Arkansas, LLC v nr Sir CORNER CL = 52,71, �r SW1/4, SE1/4 SECTION 13 T-16-N, R-30--W Section on r q Sec t$oya 2,42,q - - - - - _ _ Seetioi, 13 N87°04'I4- W i55.5C' --- �'�' �- - --.Sectiu►� 24 - -- - - - _ L I~ G E N ❑ Permanent Utility Easement Temporary Construction Easement • — Corner of Permanent Utility Easement - - - Existing Utility Easement Line 765-14243-000 — Tax Parcel Number PUE — Permanent Utility Easement 2012-02368 — Deed Record TCE — Temporary Construction Easement Property Owner : Turn -Key Homes of NW Ar, LLC Project Name : CITY OF Ar Hwy 16 W/S Line Relocation Drawn by : McClelland Consulting Engineers FAYETTEVILLE Date: Jan. 2013 Scale : 1" = 50' No.1 Revislons Date Water & Sewer Deportment Project No. 122124 AHTD Tract No. 6 Tract No, 26 VENDOR FORM Vendor # PLEASE RETURN TO: CITY OF FAYETTEVILLE 113 W. MOUNTAIN FAYETTEVILLE, AR 72701 (479) 444-3407 FAX: (479) 575-8202 (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 Corporation Partnership Tax-exempt organization under Section 501(a) Foreign Government Individual X Other (please explain) Limited Liability Company Tax Identification Number: Federal employer identification number M 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. Turn-KeyHomes NWA LLC Name ot Individualor Business ress City, State, Zip Code u re Date Please mail or FAX this completed form to the City of Fayetteville at the above address or FAX number. AliRryM010all A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION ND POSSESSION OF CERTAIN LANDS OWNED BY JAY STANLEY BAT D, ROBERT N. AND LINDA J. CLAY, MCDONALD, LLC, AND TURN- Y HOMES OF NORTHWEST ARKANSAS, LLC, NEEDED FOR WATE AND SEWER IMPROVEMENTS ALONG STATE HIGHWAY 16 NEAR TH WEST FORK OF THE WHITE RIVER BRIDGE WHEREAS, the City of FayeNeville and certain property owners have been unable to agree on a fair price for the portions o property owned by 9ach of them which is needed for easements to facilitate water and sewer im rovements, and ' i 1 WHEREAS, the City of Fayettevi a needs to �ain possession of these properties promptly in order to begin work on water and wer improvements along State Highway 16 near the West Fork of the White River bridge. NOW, THEREFORE, BE IT RESOLV�D'BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: V Section 1. That the City Council of the the City Attorney to file suit to seek court-ord owned by Jay Stanley Baird that is needed for grading easement for water and sewer improve of the White River bridge, and to pay into th therefor. Section 2. That the City Council of the City Attorney to file suit to seek cou owned by Robert N. and Linda J. Cla construction and grading easement for w' to near the West Fork of the White River rid just compensation therefor. �it o ayetteville, Arkansas hereby authorizes e d co emnation and possession of property water/s wer and temporary construction and nts along Late Highway 16 near the West Fork registry of t e Circuit Court just compensation the City of Fayettevi e, Arkansas hereby authorizes -ordered condemnatiA and possession of property that is needed for a ater/sewer and temporary r and sewer improvemen along State Highway 16 ge, and to pay into the re ' try of the Circuit Court Section 3. That the City Council of the City of Fayetteville, Arkan as hereby authorizes the City Attorney to file suit to seek court -ordered condemnation and po ession of property owned by McDonald, LLC that is needed for a water/sewer and temporar construction and grading easement for water and sewer improvements along State Highway 16 near the West Fork of the White River bridge, 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 condemnation and possession of property owned by Turn -Key Homes of Northwest Arkansas, LLC that is needed for a water/sewer and temporary construction and grading easement for water and sewer improvements along State Highway 16 near the West Fork of the White River bridge, and to pay into the registry of the Circuit Court just compensation therefor. PASSED and APPRO V this 2nd day of July, 2013. APPROVED: 20 LIONELD JORDAN, Mayor ATTEST: 1 1 SONDRA E. SMITH, City Clerk/Treasurer