HomeMy WebLinkAbout103-17 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 103-17
File Number: 2017-0214
CONDEMNATION LITIGATION SETTLEMENT AGREEMENT:
A RESOLUTION TO AUTHORIZE A SETTLEMENT AGREEMENT WITH DRAKE STREET
PROPERTY, LLC; 1 155 PROPERTIES, LLC; AND RPM 1 PROPERTIES-FAYETTEVILLE, LLC
A/K/A RPM1 PROPERTIES, LLC CONCERNING CONDEMNATION LITIGATION FILED FOR THE
WATER AND SEWER RELOCATIONS ASSOCIATED WITH ARKANSAS HIGHWAY AND
TRANSPORTATION DEPARTMENT PROJECT BB0414 - INTERSTATE 49 AND HIGHWAY 112
INTERCHANGE
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 Mayor Jordan to
sign a settlement agreement with Drake Street Property, LLC; 1155 Properties, LLC; and RPM1
Properties -Fayetteville, LLC a/k/a RPMI Properties, LLC to include payment in the amount of $876,153.00
as full and final settlement of condemnation litigation City of Fayetteville v. Drake St Property, LLQ, e1
al, Washington County Circuit Court Case No. CV -2016-2151-4) filed for the water and sewer relocations
associated with Arkansas Highway and Transportation Department Project BB0414 - Interstate 49 and
Highway 112 Interchange.
Section 2: That the City Council of the City of Fayetteville, Arkansas, in furtherance of the settlement,
hereby approves the payment of an additional $376,153.00, over and above the $500,000.00 placed on
deposit with the court.
PASSED and APPROVED on 5/2/2017
Page 1 Printed on 5/1/17
Resolution: 103-17
File Number.' 2017-0214
Attest:
6-, it�-
Sondra E. Smith, City Clerk Treasurer
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Page 2 Printed on 5/1/17
City of Fayetteville, Arkansas 113 West Mountain Street
} Fayetteville, AR 72701
' - r (479) 575-8323
Text File
File Number: 2017-0214
Agenda Date: 5/2/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 8
CONDEMNATION LITIGATION SETTLEMENT AGREEMENT:
A RESOLUTION TO AUTHORIZE A SETTLEMENT AGREEMENT WITH DRAKE STREET
PROPERTY, LLC; 1155 PROPERTIES, LLC; AND RPM1 PROPERTIES-FAYETTEVILLE, LLC
A/K/A RPM] PROPERTIES, LLC CONCERNING CONDEMNATION LITIGATION FILED FOR
THE WATER AND SEWER RELOCATIONS ASSOCIATED WITH ARKANSAS HIGHWAY AND
TRANSPORTATION DEPARTMENT PROJECT BB0414 - INTERSTATE 49 AND HIGHWAY 112
INTERCHANGE
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 Mayor Jordan to
sign a settlement agreement with Drake Street Property, LLC; 1155 Properties, LLC; and RPM]
Properties -Fayetteville, LLC a/k/a RPMI Properties, LLC to include payment in the amount of
$876,153.00 as full and final settlement of condemnation litigation {City of Fayetteville v. Drake St
Property. LLC, cwt Irl, Washington County Circuit Court Case No. CV -2016-2151-4) filed for the water
and sewer relocations associated with Arkansas Highway and_ Transportation Department Project
BB0414 - Interstate 49 and Highway 112 Interchange.
Section 2: That the City Council of the City of Fayetteville, Arkansas, in furtherance of the settlement,
hereby approves the payment of an additional $376,153.00, over and above the $500,000.00 placed on
deposit with the court.
City of Fayetteville, Arkansas Page 1 Printed on 51112017
Kit Williams
Submitted By
City of Fayetteville Staff Review Form
2017-0214
Legistar File ID
5/12017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/14/2017 City Attorney /
General Government Department
Submitted Date Division / Department
Action Recommendation:
Authorize Mayor Jordan to sign settlement agreement in condemantion cases for utility relocations associated with
the Arkansas Highway Department 1-49/Fulbright Expressway Inter -Change Project. Total payments to property
owners in the amount of $876,153.00.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? NA
Budget Adjustment Attached? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Fund
Project Title
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments-
Approval Date:
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
Paul Becker, Chief Financial Officer
FROM: Kit Williams, City Attorney r ''
DATE: April 6, 2017
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Patti Iviulford
Paralegal
RE: Proposed Settlement of Condemnation Case to Secure Necessary
Property for Major Sewer Line
When the Arkapsas Highway and Transportation Department decided
to make extensive and much needed improvements to the Highway 112,
Interstate Highway 49 and Fulbright Expressway intersection, it needed to
acquire large acreage from three, properties south of this intersection from
Neal Pendergraft-owned companies. The City of Fayetteville was informed
that we were required to move our large sewer main which had adjoined the
highway right-of-way, but now was in the way of the much -expanded
highway. Initial negotiations by our Land Agents failed so the Fayetteville
City Council authorized the City Attorney's Office to acquire possession of
a general utility easement through eminent domain.
In early negotiations with the attorneys representing Neal Pendergraft,
we agreed it would be best for their condemnation of a much larger parcel
by the Highway Department be settled or tried to establish the most accurate
value of the land that needed which adjoined the land being taken by the
Highway Department. We later obtain possession (not ownership) after the
Circuit Judge ordered that we pay $500,000.00 into Court until a final
valuation amount could be agreed to or a jury could value the property.
With the City Council's permission, this amount was paid into the Court's
registry.
Recently, Mr. Pendergraft and his attorneys worked out and agreed on
a settlement with the Arkansas Highway Department which valued his
property at $8.06 per square foot for the highway right-of-way taking. This
high valuation was probably influenced by the rezoning from Residential
Agriculture to the far denser and more valuable Urban Thoroughfare
granted by the City Council shortly before the highway improvement project
began. Of major importance is the valuable location of this property
adjoining the new I-49 intersection between Highway 112 and Gregg Street.
Fortunately, the vast majority of this general utility easement
acquisition costs (over 87%) should be refunded to us by the Highway
Department so the agreement to pay $8.06 per square foot is a reasonable
amount for us to recommend to the City Council. This will result in our
payment of an additional $376,153.00 to obtain deeds to our needed
easement. Please see Pendergraft's attorney Woody Bassett's letter to me of
April 5, 2017 explaining their settlement offer.
We have been informed by the Highway and Transportation
Department that the Highway Department should refund 87.06% of this
easement acquisition costs (copy of email attached). I compute this to be
$762,778.80 meaning that the City's final out-of-pocket costs would be
$113,374.20 for the necessary easement.
I recommend that the City Council approve and accept the settlement
proposal for the three parcels of Neal Pendergraft's land pursuant to Woody
Bassett's letter of April 5, 2017.
`i
Williams, Kit
From: Pennington, Blake
Sent: Friday, April 14, 2017 9:33 AM
To: Williams, Kit
Subject: FW: BB0414 reimbursable agreement
Blake E. Pennington
Assistant City Attorney
Tele: (479) 575-8313
h11311111 �ttW�c AICA11 0%,
From: Mashburn, Keith[mailto:Keith.Mashburn@ahtd.AR.gov]
Sent: Thursday, March 30, 2017 11:34 AM
To: Beavers, Jim <jbeavers@fayetteville-ar.gov>
Cc: Nyander, Tim <tnyander@fayetteville-ar.gov>; Pennington, Blake <bpennington@fayetteville-ar.gov>
Subject: RE: BB0414 reimbursable agreement
Jim,
The 87.06% reimbursable percentage will apply to easement costs, as with all the various categories on our
agreement. Can you provide a current estimate of your easement costs for this project?
Thanks,
Keith Mashburn
AHTD Utility Coordinator
501.569.2142
From: Beavers, Jim [nvAto:jbeayers atf ey ttey [le-ar .ciav]
Sent: Wednesday, March 29, 2017 7:29 AM
To: Mashburn, Keith
Cc: Nyander, Tim; Pennington, Blake
Subject: BB0414 reimbursable agreement
Keith,
As our City Attorney negotiates, or goes to trial with the Pendergraft property easements, I have been asked to verify
the reimbursable percentage.
I understand that the 87.06% reimbursement also includes all land and easements required for BB0414 water and sewer
relocations. Such totals and reimbursements are greater than the agreement and agreement change order that we have
on file.
Please confirm.
Rev. 01-31-2013
ARKANSAS STATE HIGHWAY COMMISSION
HIGHWAY - UTILITY CONSTRUCTION/RELOCATION AGREEMENT
State Job No BB0414
(Utilities) County Washington ___ _ _
Federal Aid Project BIM-STPF-13540(216)
Job Location Porter Rd. - Hwy. 12/71B
Widening & Intchng. Impvts. (F)
Route 149 Section 28
Utility Owner City of Fayetteville _
Water and Sewer
THIS AGREEMENT, made and entered into this +�'" day of
_7—,d 20 1 �, by and between the Arkansas State Highway
Commission, acting by and through the duly authorized representatives of the Arkansas
State Highway and Transportation Department, with headquarters at Little Rock, Arkansas,
hereinafter referred to as the "Department," and the City of Fayetteville Water and Sewer
of Fayetteville, Arkansas acting by and through its duly authorized representatives,
hereinafter referred to as the "Owner" WITNESSETH:
The Department proposes to make highway improvements as specified under the
above referenced job number and the Owner will adjust or relocate its existing facilities as
set out in the attached plans and cost estimate.
The Department will participate in the cost of said adjustment/relocation to the extent
that eligibility is hereinafter established.
Payment will be made on actual cost basis as mutually agreed between Owner.and
Department.
This agreement is governed by all applicable State and Federal laws, rules, and
regulations including the Arkansas_ State Highway Commission Utility Accommodation
Policy adopted by Commission Minute Order 2010-146 as amended and supplemented,
the Federal Aid Program Guide on Utility Adjustments and Accommodation on Federal Aid
Highway Projects as amended and supplemented, and the provisions of 23 CFR § 645 as
amended and supplemented.
DESCRIPTION OF WORK-- See Exhibit A on Page 4
The Department agrees that the required adjustment is 87.06% eligible for
reimbursement for the actual cost which is estimated to be $2,210,993.75 of which
$1,924,891.16 is to be paid by the Department and $286,102.59 is to be borne by Owner.
Page 1 of 4
Rev. 01-31-2013 Job 880414
City of Fayetteville
Water and Sewer
Owner will not commence work until authorized by the Department, and will then
endeavor to begin within 150 calendar days and complete within 180 calendar days
thereafter.
On completion of said work, Owner is responsible for the cleanup and restoration of
the work area including the disposal of surplus materials and debris.
Final billing must include all supporting detail. Owner shall also submit one (1) set of
as -built drawings at this time.
Payment will be 100% of lump sum bills and actual cost bills, at the discretion of the
Department a 10% retainage can be withheld and released upon completion of an audit
review. All final bills for utility relocation are subject to review and audit by state and/or
federal -auditors.
- Expenses incurred under an actual cost agreement may be billed to the. Department
monthly in increments of $5,000.00 or more.
Owner must maintain cost records and accounts to support the agreed
adjustment/relocation work. Said records to be retained and available for inspection for a
period of three (3) years from date of final payment.
Owner shall be responsible for any and all hazards to persons, property, and traffic.
With respect to traffic control, owner shall adhere to the requirements of the Manual
of Uniform Traffic Control Devices as amended and supplemented.
To the extent applicable to this agreement, the Owner shall comply with the Buy
America requirements (as specified in 23 U.S.C. 313 and 23 CFR 635.410). The Owner is
not required to change its existing standards for materials as long as the Buy America
requirements are met. Buy America requirements take precedence over regulations
pertaining to the accommodation or regulation of the Owner's facilities (as specified in 23
CFR 645) on contracts and agreements involving Federal -Aid Highway Program funding
and precedence over regulations which allow the Owner to furnish materials from company
stock (as specified on 23 CFR 645.117(e)). Company Stock materials that do not meet Buy
America requirements may not be permanently incorporated Into a Federal -Aid Highway
Program funded project. The Owner must provide a definitive statement that all products
permanently incorporated into the project are covered under the Buy America
requirements. This requirement is .fulfilled via proper signature and submission of the
statement of charges form. In some circumstances, a waiver of the Buy America
requirements may be granted by the Federal Highway Administration, to be determined on
a project -by -project basis.
Page 2 of 4
Rev. 01-31-2013
Job BB0414
City of Fayetteville
Water and Sewer
Owner shall be responsible for and shall hold harmless the Arkansas State Highway
Commission, the Department and their officers and employees from any and all claims,
actions, causes of action, suits, damages, losses or liability whatsoever, arising out of
Owner's performance of the work subject to this Agreement.
Notwithstanding anything hereinbefore written, neither the Owner nor the
Department by execution of this Agreement waives or relinquishes any rights which either
may legally have within the limits of the Law or Constitution, either State or Federal.
City of Fayetteville
Water and Sewer
JIM 10 A0DIER
Name (Typed or Printed)
�=�t�� cifIt_iT75
Title
4 I1 J!
Slgnatut'
-71 (, 018'f-6 �
FEDERAL TAXPAYER IDENTIFICATION #
Name (Typed or Printed)
Title
Signature
ARKANSAS HIGHWAY COMMISSION
Acting By and Through The
ARKANSAS STATE HIGHWAY AND
TRANSPORTATION DEPARTMENT
(For) Dire6to f oVi'g 1`tways &
Page 3of4
of
Head -Utilities Section
1
BASSETT LAw FIRM LLP
ATTORNLrYs AT LAW
P.O. Box 3618
FAYETrEVH,LE, ARKANSAS 72702-3618
W.W. "BILL^ BASSETT (1026-20W)
WOODY BASStiT
TOD 0.BASSETT
WM. ROBERT BILL. JR. +
WALKER DALE GARRETT+
CURTIS L NEBSEN +
EARL BUDDY CHADICK
J. DAVID WALL* + (1967.2404)
JAMES M. GRAVES'+
SCOTT E.WRAYI
SHANNON L FANT'
JOEL 1. FARTHING
GRAOE K. JOHNSON +
Mr. Kit Williams
Fayetteville City Attorney
City Administration Building
113 W. Mountain Street, Suite 302
Fayetteville, AR 72701
Dear Kit:
221 NORTH COLLEGE AVENUE
TELEPHONE (470) 621.9009
FACSIMILE (470) 621 -HW
www.basseitlawflrm.com
'ALSO LICENSED
IN OKLAHOMA
+ALSO LICENSED
IN MISSOURI
April 5, 2017
Re: City of Fayetteville, Arkansas vs.
Drake Street Property, LLC, et al
Case No. CV -2016-2151-4
Our client, Neal Pendergraft, is _a longtime resident and citizen of Fayetteville. As you know,
John Everett, James Graves and I represent the Pendergraft family in connection with the above -
referenced condemnation case filed by the City of Fayetteville against three LLC's owned by
Mr. Pendergraft. The real property at issue is located on the east side of the Interstate 49/Garland
Avenue/Fulbright Expressway interchange near the ongoing road work being done by the
Arkansas Highway Department. You and Blake Pennington are completely familiar with the
background and relevant facts of this case. The purpose of this letter is to express our interest in
resolving this case as soon as possible and to convey to you and other city officials our
settlement demand.
You are aware that Mr. Pendergraft recently settled all three condemnation cases involving his
property which had been filed by the Arkansas State Highway Commission and we have already
provided you and Blake with a file -marked copy of the Consent Judgment in each of those cases.
The three cases were settled for an average of $8.06 per square foot for the property taken. That
Mr. Kit Williams
April 5, 2017
Page 2
number is arrived at by lumping in the damage to the remainder with the value of the property
taken.
Our settlement demand is simple and straightforward. Mr. Pendergraft has authorized us to offer
to settle this case with the City for $8.06 per square foot which is the same average square foot
value the Highway Commission paid to resolve its three condemnation cases against the LLC's
owned by Mr. Pendergraft. According to our math, the total amount of property being taken by
the City of Fayetteville in fee simple title is 108,704 square feet which at $8.06 per square foot
totals $876,153. The City has already paid in $500,000 earlier in the case so we are demanding
that the City pay the additional sum of $376,153 to our client to fully resolve this matter and
conclude the litigation.
We are prepared to commence further discovery and get this case ready for trial but our
preference is to settle it in the manner outlined above. We trust the City will agree that what we
have proposed is fair, reasonable and sensible for all concerned. We will await the City's
response to our offer. In the event you have any questions or need additional in formation, please
contact either me or John Everett.
Sincerely,
BAsspfr LAw FiRm LLP
Woody assett
WB:sg
cc: John Everett
James Graves
Neal Pendergraft
i
IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS
CIVIL DIVISION
CITY OF FAYETTEVILLE, ARKANSAS, PLAINTIFF
an Arkansas municipal corporation
V. Case No. CV -2016-2151-4
DRAKE ST PROPERTY, LLC;
1155 PROPERTIES, LLC;
RPMI PROPERTIES-FAYETTEVILLE, LLC
A/K/A RPMI PROPERTIES, LLC;
AND SIGNATURE BANK OF ARKANSAS DEFENDANTS
CONSENT ORDER AND JUDGMENT
Upon agreement of the Plaintiff, City of Fayetteville, Arkansas, an Arkansas municipal
corporation, and Defendants Drake St Property, LLC; 1155 Properties, LLC; RPMI Properties -
Fayetteville, LLC a/k/a RPM Properties, LLC, the Court finds and orders as follows:
1. Plaintiff, City of Fayetteville, is an Arkansas municipal corporation duly -organized
under the laws of the State of Arkansas and is a city of the first class situated in Washington
County, Arkansas.
2. Defendants, Drake St Property, LLC, 1155 Properties, LLC and RPM Properties -
Fayetteville, LLC a/k/a RPMI Properties, LLC are the owners of real property located on the east
side of the Interstate 49/Garland Avenue/Fulbright Expressway interchange in the City of
Fayetteville, Washington County, Arkansas.
3. Defendant Signature Bank of Arkansas was named as a defendant because of its
potential interest in the real property owned by Drake St Property, LLC by virtue of a mortgage
filed for record in the Office of the Circuit Clerk and Ex -Officio Recorder for Washington County,
Arkansas on June 24, 2013, as Document No, 2013-00021051. Signature Bank was served on
November 29, 2016 but has not filed an answer in this action and is in default; however, no relief
is sought against Signature Bank, nor is any relief granted.
By virtue of the provisions of Ark. Code Ann. § 18-15-301, et seq. Plaintiff is
granted the power of eminent domain to enter upon, take and condemn private property for lawful
purposes.
5. Jurisdiction and venue lie properly before this Court.
6. The real property sought from the Defendants in this action is required for the
relocation, construction, maintenance, repair and/or replacement of water and sewer pipelines and
are necessary to allow the State of Arkansas to construct the Interstate 49/Garland
Avenue/Fulbright Expressway interchange project in Fayetteville, Arkansas, a lawful public
purpose.
The City of Fayetteville seeks and Drake St Property, LLC agrees to grant a general
utility easement on real property owned by Defendant, Drake St Property, LLC, which is legally
described as follows:
A part of the SEA of the NE'/4 of Section 33, and a part of the SW'/4 of the NW'/4
of Section 34, all within Township 17 North, Range 30 West, and Washington
County, Arkansas: Commencing at the Southwest corner of the- NW'/4 of said
Section 34; thence NO2°27'51"E a distance of 1247.42 feet along the West line of
said SW'/4 of the NW'/4 of Section 34 to the POINT OF BEGINNING; thence
S88°37'16"W a distance of 1.49 feet; thence N78°02'42 --"W a distance of 196.06
feet; thence S79°36'29"W a distance of 80.30 feet; thence S66°16'50"W a distance
of 11.28 feet to the West property line as described in File 2013-00021050; thence
NO2°30'44"E a distance of 33.44 feet along said West property line to a point on
the Easterly right-of-way for Interstate 49 as shown on AHTD plans for Job No.
BB0414; thence along said Easterly right-of-way N79°36'29"E a distance of 89.73
feet; thence S78°02'42"E a distance of 198.48 feet; thence N88'37'1 6"E a distance
of 209.73 feet to the East line of said property; thence along said East property line
S02°27'41"W a distance of 30.16 feet; thence leaving said East property line
N81°40'58"W a distance of 0.53 feet; thence S88°37'16"W a distance of 209.20
feet to the POINT OF BEGINNING, containing 14,952 square feet or 0.34 acres,
more or less.
The City of Fayetteville seeks and 1155 Properties, LLC agrees to grant a general
utility easement on real property owned by Defendant, 1155 Properties, LLC, which is legally
described as follows:
A part of the SW`/4 of the NW'/4 of Section 34, Township 17 North, Range 30 West,
Washington County, Arkansas: Commencing at the Southwest corner of the NW'/4
of said Section 34; thence S87°24' 17"E 209.32 feet along the South line of said
SW'/4 of the NW`/4 to the West property line as described in File 2004-00000965;
thence along said West property line NO2°27'41 "E 1261.87 feet to the POINT OF
BEGINNING; thence continuing along said West property line NO2°27'41 "E 30.16
feet to a point on the Easterly right-of-way for Interstate 49 as shown on AHTD
plans for Job No. BB0414; thence along said Easterly right-of-way S81°40'58"E
149.89 feet; thence S77°47' 17"E 249.00 feet to the East line of said property;
thence along said East property line S02°31'22"W 30.43 feet; thence leaving said
East property line N77°47' 17"W 253.10 feet; thence N81 °40' 58"W 145.80 feet to
the POINT OF BEGINNING, containing 11,967 square feet or 0.27 acres, more or
less.
ALSO:
A part of the SW'/4 of the NW'/4 of Section 34, Township 17 North, Range 30 West,
Washington County, Arkansas: Commencing at the Southwest corner of the NW'/4
of said Section 34; thence S87°24' 17"E a distance of 602.51 feet along the South
line of said SW'/4 of the NW'/4 to the West property line as described in File 2004-
00000965; thence along said West property line NO2'3 1'22"E 1205.05 feet to the
POINT OF BEGINNING; thence continuing along said West property line
N0203 1'22"E 30.43 feet to a point on the Easterly right-of-way for Interstate 49 as
shown on AHTD plans for Job No. BB0414; thence along said Easterly right-of-
way toe following courses: S77°47' 17"E 8.10 feet, S66°50'23"E 302.08 feet,
S87006'30"E 77.97 feet to the East line of said property; thence along said East
property line S02°29'38"W 30.00 feet; thence leaving said East property line
N87°06'30"W 83.54 feet; thence N66°50'23"W 304.56 feet; thence N77°47' l 7"W
0.11 feet to the POINT OF BEGINNING, containing 11,646 square feet or 0.27
acres, more or less.
9. The City of Fayetteville seeks and RPM1 Properties -Fayetteville, LLC a/k/a RPM1
Properties, LLC agrees to grant a general utility easement on real property owned by Defendant,
RPM1 Properties -Fayetteville, LLC a/k/a RPM1 Properties, LLC, which is legally described as
follows:
A part of the SW '/4 of the NW '/4 and SE'/4 of the NW '/4 and NE '/4 of the NW '/4
of Section 34, Township 17 North, Range 30 West, Washington County, Arkansas.
Commencing at the Southwest corner of the NW '/4 of said Section 34; thence
S87°24' 17"E a distance of 971.73 feet along the South line of said SW '/4 of the
NW '/4 to the West property line as described in File 2013-00000127; thence along
said West property line NO2°29'38"E a distance of 1097.61 feet to the POINT OF
BEGINNING; thence continuing along said West property line NO2°29'38"E a
distance of 30.00 feet to a point on the Easterly right-of-way for Interstate 49 as
shown on Arkansas Highway Transportation Department plans for Job No.
BB0414; thence along said Easterly right-of-way the following courses:
S87°06'30"E a distance of 127.05 feet, N79°28'03"E a distance of 223.05 feet,
N72°16'47"E a distance of 102.47 feet, N53°49'31"E a distance of 170.40 feet,
N43°18'52"E a distance of 123.92 feet, N51°32'44"E a distance of 273.79 feet,
N55°05'30"E a distance of 138.50 feet, N49°44'01"E a distance of 140.32 feet,
N39°02'57"E a distance of 211.18 feet; thence leaving said Easterly right of way
N38°31'42"E a distance of 243.33 feet; thence N20°15' 19"E a distance of 195.51
feet to said Easterly right of way; thence along said Easterly right-of-way the
following courses: N34°35'25"E a distance of 160.58 feet, N43°06'54"E a distance
of 89.59 feet to a point on the South line of an existing 25 foot Water & Sewer
easement described in Book 1045 Page 115; thence along said South line of an
existing 25 foot Water & Sewer easement N69°01'00"E a distance of 68.68 feet;
thence leaving said South line of an existing 25 foot Water & Sewer easement
S43°06'54"W a distance of 149.13 feet; thence S34°35'25"W a distance of 154.57
feet; thence S20°15'19"W a distance of 196.57 feet; thence S38°31'32"W a
distance of 247.05 feet; thence S39°02'57"W a distance of 215.37 feet; thence
S49°44'01"W a distance of 144.53 feet; thence S55°05'30"W a distance of 138.98
feet; thence S51°32'44"W a distance of 114.91 feet; thence S45°15'53"W a
distance of 45.70 feet; thence 551'32'44"W a distance of 110.00 feet; thence
S43°18'52"W a distance of 124.62 feet; thence S53°49'31"W a distance of 179.30
feet; thence S72°16'47"W a distance of 110.04 feet; thence S86°17'59",W a
distance of 41.70 feet; thence S79°28'03"W a distance of 187.69 feet; thence
N87°06'30"W a distance of 130.37 feet to the POINT OF BEGINNING, containing
70,139 square feet or 1.61 acres, more or less.
10. The real property described in paragraphs 7, 8, and 9 is wholly located within
Washington County, Arkansas, and needed by the City of Fayetteville, Arkansas for the relocation
of utilities necessary to allow the State of Arkansas to construct the Interstate 49/Garland
Avenue/Fulbright Expressway Interchange project.
11. The total amount of property being taken as general utility easements by the City
of Fayetteville is 108,704 square feet. The parties agree that the value of the property being taken
is $8.06 per square foot and the total value of the property being taken by the City is $876,153.00.
12. The total amount of $500,000 was previously deposited into the Registry of the
Court for the payment of estimated just compensation pursuant to an order of the Circuit Court on
November 15, 2016, so that the Plaintiff could enter upon and take possession of the lands
described above for its utility relocation project.
13. Therefore, Plaintiff is ordered to deposit the additional sum of $376,153.00 in the
registry of the Court within fourteen days of the entry of this order.
14. The Clerk of the Court is hereby ordered and directed to disburse the additional
funds deposited in this case, in full and final satisfaction of this Judgment, to the Defendant
property owners in care of their attorney, John Everett, at Everett, Wales & Comstock, 1944 E.
Joyce Boulevard, Fayetteville, Arkansas 72703-5162.
15. It is further ordered that the Properties shall execute general utility easement deeds
for the lands described in paragraphs 7, 8 and 9 above in favor of the Plaintiff, City of Fayetteville
within fourteen days of the City's payment to the registry of the Court.
IT IS SO ORDERED.
HONORABLE DOUG MARTIN
CIRCUIT JUDGE
DATE:
APPROVED AS TO FORM
AND SUBSTANCE:
Kit Williams
Fayetteville City Attorney
113 W. Mountain St., Suite 302
Fayetteville, Arkansas 72704
i� _66e;2!� -
Woody Bass tt
Attorney for 1155 Properties, LLC,
Drake St Property, LLC, and RPM Properties, LLC
P.O. Box 3618
Fayetteville, Arkansas 72702
IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS
CIVIL DIVISION
CITY OF FAYETTEVILLE, ARKANSAS, PLAINTIFF
an Arkansas municipal corporation
V. Case No. CV -2016-2151-4
DRAKE ST PROPERTY, LLC;
1155 PROPERTIES, LLC;
RPM1 PROPERTIES-FAYETTEVILLE, LLC
A/K/A RPM1 PROPERTIES, LLC;
AND SIGNATURE BANK OF ARKANSAS DEFENDANTS
SETTLEMENT AGREEMENT
as
r
WHEREAS, the Plaintiff, City of Fayetteville, Arkansas, an Arkansas municipal
corporation, filed suit in this matter seeking condemnation of certain private property owned by
Defendants Drake St Property, LLC; 1155 Properties, LLC; RPM1 Properties -Fayetteville, LLC
a/k/a RPM1 Properties, LLC (hereinafter "Properties"); and
WHEREAS, the purpose of the taking is for the relocation, construction, maintenance,
repair and/or replacement of water and sewer pipelines which were necessary to allow the State of
Arkansas to move forward with construction of the Interstate 49/Garland Avenue/Fulbright
Expressway interchange project in Fayetteville, Arkansas, a lawful public purpose.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained in
this Settlement Agreement and other good and valuable consideration, the Parties do hereby
expressly agree as follows:
Page 1 of 5
The City and Defendant Properties agree to submit a consent order and judgment
to the Court confirming the details of this settlement agreement.
2. Defendant, Drake St Property, LLC shall execute the General Utility Easement
deed attached hereto as Exhibit A conveying the interest set forth therein to the City of Fayetteville
to certain property legally described as follows:
A part of the SE'/4 of the NE'/4 of Section 33, and a part of the SW %4 of the NW'/4 of Section
34, all within Township 17 North, Range 30 West, and Washington County, Arkansas:
Commencing at the Southwest corner of the NW'/4 of said Section 34; thence NO2'27'5 I "E
a distance of 1247.42 feet along the West line of said SW'/4 of the NW'/4 of Section 34 to
the POINT OF BEGINNING; thence S88°37'16"W a distance of 1.49 feet; thence
N78°02'42"W -a distance of 196.06 feet; thence S79°36'29"W a distance of 80.30 feet;
thence S66°16'50"W a distance of 11.28 feet to the West property line as described in File
2013-00021050; thence NO2°30'44"E a distance of 33.44 feet along said West property
line to a point on the Easterly right-of-way for Interstate 49 as shown on AHTD plans for
Job No. B130414; thence along said Easterly right-of-way N79°36'29"E a distance of 89.73
feet; thence S78°02'42"E a distance of 198.48 feet; thence N88°37' 16"E a distance of
209.73 feet to the East line of said property; thence along said East property line
S02°27'41 "W a distance- of 30.16 feet; thence leaving said East property line
N81 °40'58"W a distance of 0.53 feet; thence S88°37' 16"W a distance of 209.20 feet to the
POINT OF BEGINNING, containing 14,952 square feet or 0.34 acres, more or less.
3. Defendant, 1155 Properties, LLC shall execute the General Utility Easement deed
attached hereto as Exhibit B conveying the interest set forth therein to the City of Fayetteville to
certain property legally described as follows:
A part of the SW'/4 of the NW'/4 of Section 34, Township 17 North, Range 30 West,
Washington County, Arkansas: Commencing at the Southwest corner of the NW'/4 of said
Section 34; thence S87°24' 17"E 209.32 feet along the South line of said SW'/4 of the NW'/4
to the West property line as described in File 2004-00000965; thence along said West
property line NO2°27'41 "E 1261.87 feet to the POINT OF BEGINNING; thence
continuing along said West property line NO2°27'41 "E 30.16 feet to a point on the Easterly
right-of-way for Interstate 49 as shown on AHTD plans for Job No. B130414; thence along
said Easterly right-of-way S81°40'58"E 149.89 feet; thence S77°47' 17"E 249.00 feet to
the East line of said property; thence along said East property line S02°31'22"W 30.43
feet; thence leaving said East property line N77°47' 17"W 253.10 feet; thence
N81°40'58"W 145.80 feet to the POINT OF BEGINNING, containing 11,967 square feet
or 0.27 acres, more or less.
ALSO:
Page 2 of 5
4
A part of the SW'/4 of the NW'/4 of Section 34, Township 17 North, Range 30 West,
Washington County, Arkansas: Commencing at the Southwest corner of the NW'/ of said
Section 34; thence S87"24' 17"E a distance of 602.51 feet along the South line of said S W f4
of the NW'/4 to the West property line as described in File 2004-00000965; thence along
said West property line NO2'3 1'22"E 1205.05 feet to the POINT OF BEGINNING; thence
continuing along said West property line NO2'3 1'22"E' 30.43 feet to a point on the Easterly
right-of-way for Interstate 49 as shown on AHTD plans for Job No. BB0414; thence along
said Easterly right-of-way the following courses: S7704711711E 8.10 feet, S66050123"E
302.08 feet, S8700613011E 77.97 feet to the East line of said property; thence along said
East property line S02°29'38"W 30.00 feet; thence leaving said East property line
N87°06'30"W 83.54 feet; thence N66°50'23"W 304.56 feet; thence N77°47'17"W 0.11
feet to the POINT OF BEGINNING, containing 11,646 square feet or 0.27 acres, more or
less.
4. Defendant, RPM1 Properties -Fayetteville, LLC a/k/a RPM1 Properties, LLC shall
execute the General Utility Easement deed attached hereto as Exhibit C conveying the interest set
forth therein to the City of Fayetteville to certain property legally described as follows:
Apart of the SW'/4 of the NW'/4 and SE'/4 of the NW'/4 and NE '/4 of the NW'/4 of Section
34, Township 17 North, Range 30 West, Washington County, Arkansas. Commencing at
the Southwest corner of the NW % of said Section 34; thence S87°24' 17"E a distance of
971.73 feet along the South line of said SW '/4 of the NW 1/ to the West property line as
described in File 2013-00000127; thence along said West property line NO2°29'38"E a
distance of 1097.61 feet to the POINT OF BEGINNING; thence continuing along said
West property line NO2°29'38"E a distance of 30.00 feet to a point on the Easterly right-
of-way for Interstate 49 as shown on Arkansas Highway Transportation Department plans
for Job No. BB0414; thence along said Easterly right-of-way the following courses:
S87°06'30"E a distance of 127.05 feet, N79°28'03"E a distance of 223.05 feet,
N72°16'47"E a distance of 102.47 feet, N53°49'31"E a distance of 170.40 feet,
N43°18'52"E a distance of 123.92 feet, N51°32'44"E a distance of 273.79 feet,
N55°05'30"E a distance of 138.50- feet, N49°44'01"E a distance of 140.32 feet,
N39°02'57"E a distance of 211.18 feet; thence leaving said Easterly right of way
N38°31'42"E a distance of 243.33 feet; thence N20°15' 19"E a distance of 195.51 feet to
said Easterly right of way; thence along said Easterly right-of-way the following courses:
N34135'25" E a distance of 160.58 feet, N43°06'54"E a distance of 89.59 feet to a point on
the South line of an existing 25 foot Water & Sewer easement described in Book 1045
Page 115; thence along said South line of an existing 25 foot Water & Sewer easement
N69°01'00"E a distance of 68.68 feet; thence leaving said South line of an existing 25 foot
Water & Sewer easement S43°06'54"W a distance of 149.13 feet; thence S34°35'25"W a
distance of 154.57 feet; thence S20°15'19"W a distance of 196.57 feet; thence
S38°31'32"W a distance of 247.05 feet; thence S39°02'57"W a distance of 215.37 feet;
thence S49°44'01"W a distance of 144.53 feet; thence S55°05'30"W a distance of 138.98
feet; thence S51°32'44"W a distance of 114.91 feet; thence S45°15'53"W a distance of
45.70 feet; thence S51°32'44"W a distance of 110.00 feet; thence S43°18'52"W a distance
of 124.62 feet; thence S53°49'31"W a distance of 179.30 feet; thence S72°16'47"W a
distance of 110.04 feet; thence S86°17'59"W a distance of 41.70 feet; thence
Page 3 of 5
4
S79°28'03"W a distance of 187.69 feet; thence N87°06'30"W a distance of 130.37 feet to
the POINT OF BEGINNING, containing 70,139 square feet or 1.61 acres, more or less.
5. The total amount of property being taken as general utility easements by the City
of Fayetteville pursuant to this Settlement Agreement is 108,704 square feet. The parties agree
that the value of the property being taken is $8.06 per square foot and the total value of the property
being taken by the City is $876,153.00.
6. The total amount of $500,000.00 was previously deposited into the Registry of the
Court for the payment of estimated just compensation pursuant to an order of the Court on
November 15, 2016.
7. The City of Fayetteville agrees to deposit the additional sum of $376,153.00 in the
registry of the Court for disbursement to the Properties within fourteen days of the entry of the
consent order.
8. The parties agree to present a Consent Order and Judgment to the Court confirming
the terms of this agreement agree to forever release, acquit and discharge each other, their
successors and assigns, from any and all possible actions, suits, damages, and liabilities of any
kind or nature related to the acquisition of these general utility easements and the construction of
the mains or -other authorized facilities, as well as any attorney fees, costs, penalties or claims that
the parties to this agreement may have.
9. The Properties agree to execute and deliver to the City the General Utility Easement
deeds attached hereto within fourteen days of the City's deposit of the additional funds in the
registry of the Court. The City agrees to pay the cost to record the deeds.
10. The parties expressly represent and warrant that the person signing this Settlement
Agreement on behalf of that party has the authority and is legally empowered to sign this
agreement and bind that party to the terms herein.
Page 4 of 5
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, we sign
below:
DRAKE ST PROPERTY, LLC
1155 PROPERTIES, LLC; AND
RPM1 PROPERTIES-FAYETTEVILLE,
LLC A/K/A RPM1 PROPERTIES, LLC
NEAL PENDERGRAFT
Authorized Member
Date: APQ L 1 ,PI
CITY OF FAYETTEVILLE,
ARKANSAS
Date: Math
ATTEST:
SONDRA SMITH, City Clerk -Treasurer
Page 5 of 5
�%%%II I II?/qtt
se
; FAYETTEVILLE;��
co 'a.
AHTD BB0414-W/S Relocation
Parcel No, 765-15840-000 & 765-15889-000
GENERAL UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Drake ST Property, LLC, an Arkansas limited liability company,
hereinafter called GRANTOR, for and in consideration of the sum of One Hundred
Twenty Thousand Five Hundred Thirteen Dollars ($120,513.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, does hereby
GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called GRANTEE, and unto Grantee's successors and
assigns, a permanent easement for the purpose of construction, maintenance, repair
and/or replacement, enlargement and operations of roadway, drainage, sidewalks,
and general utilities including water and/or sanitary sewer pipe line or lines,
manholes, natural gas, electrical power, telephone, fiber optic cable(s) and television
communication line or lines, and appurtenances thereto, on over, across, and under
the following described land situated in the County of Washington, State of
Arkansas, to -Wit:
PROPERTY DESCRIPTION: Deed Ref: 2013-00021050
Part of the East half of the Northeast Quarter of Section 33 and a part of the West half of the Northwest Quarter of
Section 34, all in Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly
described as follows, to -wit: beginning at an existing rebar on the North right of way of Arkansas HWY *180 which is
S89°56'45"E 209.48' and N00002°53"W 36.49' from the Southwest comer of the Northwest Quarter of said Section 34
and running thence along said right of wayy the following: N89°48'32"'W 382.99', N61°20'32"W '1'18.80 N39°12'43'W
10 05', thence leaving said right of way North 1252.08' to the Southern right of way of Interstate 540, thence along
said Southern right of way N65°33'03 E 111.21', thence continuing along said right of way N66045'20"E 425.61 ,
thence leaving said right of way 500°02'53"E-1532.12' to the point of beginning, containing 16.05 acres, more or less.
Subject to all easements and rights of way of record. LESS AND EXCEPT: Part of the East Half of the Northeast
Quarter of Section 33 and part of the West Half of the Northwest Quarter of Section 34, Township 17 North, Range
30 West, Washington County, Arkansas, more particularly described as follows: Commencing at a Half Inch Rebar
found at the Quarter Comer of said Sections 33 and 34; thence North 02°27'51" East along the East Line of said
Section 33 a distance of 1277.49 feet to a point on the Southern Right of Way of Interstate 49 as establishedby
AHTD Job BB0414 for the POINT OF BEGINNING; thence North 78°02'42 "'West along said right of way line a
distance of 198.48 feet to a point: thence South 79°36'29" West along said right of way line a distance of 89.73 feet
to a point on the East line of Lot 6, Block 1, North Point Subdivision; thence North 02'30'44" East along said East line
a distance of 65.79 feet to a point on the Southern Right of Way of Interstate 49 as established by AHTD Job 9447;
thence North 68004'33" East along said right of way line a distance of 91.70 feet to a point; thence North 69021'14"
East along said right of way line a distance of 444.60 feet to a point; thence South 02°27'41" West a distance of
276.86 feet to a point on the Southern Right of Way of Interstate 49 as established by AHTD Job B80414; .thence
South 88037'16" West along said right of way line a distance of 209,73 feet to the POINT OF BEGINNING and
containing 1.95 acres (84,765 sq. ft.) more of less as shown on AHTD plans referenced as Job BB0414.
PERMANENT EASEMENT DESCRIPTION:
A 30 -foot easement South of and adjacent to the Easterly right-of-waiy for Interstate 49 as shown on Arkansas
Highway Transportation Department plans for Jab No. BB0414. Being more particularly described as follows: A part
of the SEY. of the NE% of Section 33, and a part of the SW% of the NWYa of Section 34, all within Township 17
North, Range 30 West, and Washinggton County, Arkansas: Commencing at the Southwest corner of the NW % of
said Section 34; thence NO2°27'51"E a distance of 1247.42 feet along the West line of said SWX of the NW% of
Section 34 to the POiNT OF BEGINNING; thence 588037'16"W a distance of 1.49 feet; thence N78°02'42"W a
distance of 196.06 feet; thence S79036'29"W a distance of 80.30 feet; thence S66016'50"W a distance of 11.28 feet
to the West property line as described in Fite 2013-00021050; thence NO2°30'44"E a distance of 33.44 feet along
said West property line to a point on the Easterly right-of-way for Interstate 49 as shown on AHTD pians for Job No.
BB0414; thence along said Easterly right-of-way N79036°29"E a distance of 89.73 feat; thence S78°02'42"E a
distance of 198.48 feet; thence N88°37'16"E a distance of 209.73 feet to the East line of said property; thence along
said East property line 302'27'41"W a distance of 30.16 feet; thence leaving said East propertyy line N61 "411'58"W a
distance of 0,53 feet; thence S88°37'16"W a distance of 209.20 feet to the POINT OF BEGINNING, containing
14,952 square feet or 0.34 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.
ECNI [T
GENERAL UTILITY EASEMENT
Page 2 of 2
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, until the use of said permanent easement is
relinquished, abandoned or vacated and so long as such pipe line or lines, electrical power, telephone and/or television lines or
cables, manholes and/or appurtenances thereto shall be maintained, together with. free ingress to and egress from the real
estate first herein above described for the uses and purposes herein above 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, lines andlor cables where feasible, to a sufficient depth so as not to interfere
with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where
they shall be at a height above water.
The Grantor agrees no to erect any buildings or structures in said permanent easement.
The Grantee shall have the right to construct additional pipe lines„ electric power lines, telephone and/or television lines
or cables upon the above described easement at any time in the future and agrees to pay any damages as a result of such
future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
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 11,3> day of l?Vcl_ 2017.
ATTEST:
vN nk, ff
[Please print r type Name and Title)
STATE OF ARKANSAS
COUNTY OF WASHINGTON
Drake ST Property, LLC, an Arkansas limited liability company
[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 appearedti��ltland Wcaal t<rrnewei
known as the persons who executed the foregoing document, and w—s stated and acknowledged that they are the
m c and I�w respectively, of Drake ST Property, LLC, an Arkansas limited
liability 0mEnyft, and are duly author ed in their respective capacitles to execute the foregoing instrument for and in the
name and blf osaid corporat:on, and further stated and acknowiedged that they had so signed, executed and delivered
said instrumfor he consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of� Pti� 2017-
1
My
017.1
MY COMMISSION EKPI MARY M.FORREST
MY COMMISSION # 12693234
ref •`� EXPIRES: January 10, 2026 l/ l
Washington Caunry
Notary Publi
AHTD BB0414-W/5 Relocation
Parcel No. 765-15908-000
GENERAL UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT 1155 Properties, LLC, an Arkansas limited liabilicompany,
hereinafter called GRANTOR, for and in consideration of the sum of Hundred
Ninety Thousand Three Hundred Twenty Dollars (5190,320.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, does hereby
GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called GRANTEE, and unto Grantee's successors and
assigns, a permanent easement for the purpose of construction, maintenance, repair
and/or replacement, enlargement and operations of roadway, drainage, sidewalks,
and general utilities including water and/or sanitary sewer pipe line or lines,
manholes, natural gas, electrical power, telephone, fiber optic cable(s) and television
communication line or lines, and appurtenances thereto, on over, across, and under
the following described land situated in the County of Washington, State of
Arkansas, to -wit:
PROPERTY DESCRIPTION: Deed Ref: 2004-00000965
A part of Section 34, T -17-N, R -30-W, Washington County, Arkansas, being more particularly described as follows:
Beginning at a joint on the North Righl-of-Way of State Highway No. 180, said point being 620.80 feet East of the
West line of said Section 34 and running thence North 1,695.00 feet to the South Right -of -Way of US Highway No.
71 By-pass; thence S65*59'00"W along said Right -of -Way 446.90 feet; thence South 1,523.00 feet to the North
Right -of -Way of State Highway No. 180; thence East along said Right -of -Way 411.33 feet to the point ofbeginniin ,
containing 1519 acres, more or less. LESS AND EXCEPT: A part of the NWA of the NW!/4of Section 34, T -17-N, R-
30 -W, Washington County, Arkansas, more particularly described as follows; Starting at the NW comer of the NW%
of the NW'f, of Section 34; thence N88°34'00"E along the north line 964.00 feet to a point; thence S01 007'00"E
769.70 feet to a ,point on the Southeasterly existing Right -of -Way line of U.S. Highway No. 71 By-pass, thence
S65°51'00"W along said existing Right -of -Way fine 201.50 feet to the ,point of beginning; thence S01 °05'00"E 106.20
feet to a point on the Southeasterly proposed Right -of -Way line of relocated U.S. Highway No. 71; thence
S89 08`00 W along said proposed Right -of -Way line 171.80 feet to a paint; thence S76" 55'00"W along said Right -of -
Way line a distance of 152.90 feet to a point on the Southeasterly existing Right -of -Way line of U.S. Highway No. 71
By-pass; thence N65°48'00"E 298.20 feet to the paint of beginning, containing 0.33 acres, more or less. Subject to
easements and rights of way of record, if any,
ALSO;
A part of Section 34, T -17-N, R -30-W, Washington County, Arkansas, being more particularly described as follows:
Beginning at a point on the North Right -of -Way of State Highway No. 180, said point being 990.00 feet East of the
West line of said Section 34 and running thence North 1,850.00 feet to the South Right -of -Way of US Highway No.
71 By-pass; thence S65°59'00"W along said Right -of -Way 401.14 feet; thence South 1,695.00 feet to the North
Right -of -Way of State Highway No. 180; thence East along said Right -of -Way 369.20 feet to the point of beginning,
containing 15.02 acres, more or less. LESS AND EXCEPT: A part of the NWY, of the NW% of Section 34, T -17-N, R-
30 -W, Washington County, Arkansas, more particularly described as (allows: Starting at the NW corner of the NW%
of the NW%, of Section 34; thence N88"34'00"E along the North line 964.00 feet to a point; thence 501°07'00"E
769.70 feet to a point on the Southeasterly existing Right -of -Way line of U.S. Highway No. 71 By-pass for the point of
beginning; thence S01 °07'00"E 264.70 feet to a point on the Southeasterly proposed Right -of -Way line of relocated
U.S. Highway No. 71; thence S89°08'00"W along said proposed Right -of -Way Iine 368.40 feet to apoint: thence
N010050OW 106.20 feet to a point on the Southeasterly Right of Way line of US Highway No. 71 By -Pass; thence
N65'47'00"E alone said Right -of -Way gine 201.50 feet to a point; thence N65°51'00"E 198.80 feet to the point of
beginning, containing 1.57 acres, more or less. Subject to easements and rights of way of record, if any,
LESS AND EXCEPT: Part of the West Half of the Northwest Quarter of Section 34, Township 17 North, Range 30
West, Washington County, Arkansas, more particularly described as follows: Commencing at a Half Inch Rebar
found at the Quarter Corner of Sections 33 and 34; thence North 02°27'51" East along the West line of Section 34 a
distance of 1479,12 feet to a point on the Southern Right of Way of Interstate 49 as established by AHTD Job 9447;
thence North 69°21'14" East along said right of way line a distance of 227.50 feet to the POINT OF BEGiNNING;
thence continue North 69"2114" East along said fight of way line a distance of 79.97 feet to a point on the Southern
Rigght of Way of Interstate 49 as established by AHTD Job 1534 Section 1; thence North 80°30'22"' East along said
ricgiint of way line a distance of 152.85 feet to a point; thence South 87016'41" East along said right of way line a
distance of 540,24 feet to a point; thence South 02°29'38" West a distance of 503,64 feet to a point on the Southern
Right of Way of Interstate 49 as established by AHTD Job BB0414; thence North 87006'30" West along said right of
way line a distance of 77.97 feet to a point; thence North 66°50'23" West along said right of way line a distance of
30,08 feet to a point; thence North 77°47'17" West along said right of way line a distance of 257.10 feet to a point;
thence North 81 40'58 "West along said right of way line a distance of 149.89 feet to a point; thence North 02°27'41"
East a distance of 276.86 feet to the POINT OF BEGINNING and containin7.07 acres (308,105 sq. ft.) more of less
as shown on AHTD plans referenced as Job BB0414.
EXHIBIT
GENERAL UTILITY EASEMENT
Page 2 of 3
PERMANENT EASEMENT DESCRIPTION:
A 30 foot easement South of and adjacent to the Easterly right-of-way for Interstate 49 as shown on AHTD plans for
Job No. BB0414, Being more ,particularly described as follows: A part of the SWY4 of the NWY4 of Section 34,
Township 17 North, Flange 30 West, Washington County, Arkansas: Commencing at the Southwest corner of the
NWY4 of said Section 34; thence S87°24'17"E 209.32 feet along the South line of said SWV4 of the NWY4 to the West
property fine as described in File 2004-00000965; thence along said West property line NO2°27'41"E 1281.87 feet to
the POINT OF BEGINNING; thence continuing along said West property line N02027'41 "E 30.16 feet to a point on
the Easterly right-of-way for Interstate 49 as shown on AHTD plans for Job No. BB0414; thence along said Easterly
right-of-way S81 *40'58' 1=149.89 feet; thence S77°47' 17"E 249.00 feet to the East line of said property; thence along
said East property line S02°31'22"W 30.43 feet; thence leaving said East property line N77047'1 7"W 253 10 feet;
thence N81 °40'58"W 145.80 feet to the POINT OF BEGINNING, containing 11,967 square feet or 0.27 acres, more
or less.
ALSO:
A 30 foot easement South of and adjacent to the Easterly right-of-way for Interstate 49 as shown on AHTD plans for
Job No. 880414, Being more particularly described as follows: A pari of the SW`/, of the NW% of Section 34,
Township 17 North, Range 30 West, Washington County, Arkansas: Commencing at the Southwest corner of the
NWY4 of said Section 34; thence 587°24'17"E a distance of 602.51 feet along the South line of said SW% of the
NW% to the West property line as described in File 2004-00000965; thence along said West property line
NO2031'22"E 1205.05 feet to the POINT OF BEGINNING; thence continuing along said West property line
NO2031'22"E 30.43 feet to a point on the Easterly right-of-way for Interstate 49 as shown on AHTD plans for Job No.
BB0414; thence along said Easterly right-of-way the following courses: 577047'17"E 8.10 feet, S66050'23'E 302.08
feet, S87°06'30"E 77.97 feet to the East line*of said property; thence along said East property line 502°29'38"W
30.00 feet; thence leaving said East property line N87°06'30"W 83.54 feet; thence N66*50'23"W 304.56 feet; thence
N77447'17"W 0.11 feet to the POINT OF BEGINNING, containing 11,646 square feet or 0.27 acres, more or less.
Togetherwith the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of
the rights herein granted.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, until the use of said permanent easement is
relinquished, abandoned or vacated and so long as such pipe line or lines, electrical power, telephone and/or television lines or
cables, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real
estate first herein above described for the uses and purposes herein above 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, lines and/or cables where feasible, to a sufficient depth so as not to interfere
with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where
they shall be at a height above water.
The Grantor agrees no to erect any buildings or structures in said permanent easement.
The Grantee shall have the right to construct additional pipe lines, electric power lines, telephone and/or television lines
or cables upon the above described easement at any time in the future and agrees to pay any damages as a result of such
future construction as set out in this easement.
. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
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 13 day of /. aA L 2017.
GENERAL UTILITY EASEMENT
Page 3 of 3
1155 Properties, LLC, an Arkansas limited liability company
BY: '++�
w.4vz
[Please print or type Name and Title]
ATTEST:
frl/ +t �J ►� h )eJ LL- L
[Please print br 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 N4AA •vat a ,trirnewel
known as the persons who executed the foregoing document, and who stated and acknowled ed that they are the
4 ,,L- and 0toxjL , respectively, of 1155 Properties, LLC, an Arkansas limited
Viability bompany, and are duly au horized in their respective capacities to execute the foregoing instrument for and in the
name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed and delivered
said instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this 13� day of , 2017.
MY COMMISSION EXPI
4,"t?r' •. MARY M. FORREST
My COMMISSION # 12693233
'' 9XPIRES: January 10.202&
M�Gr.r;
f ° 1 � L '-? . ;_'' ` Washington County Notary NOW
AHTD BB0414-W/S Relocation
Parcel No. 765-15887-000 EXHIBIT
GENERAL UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT RPM1 Properties, LLC, an Arkansas limited liability company,
hereinafter called GRANTOR, for and in consideration of the sum of Five Hundred
Sixty -Five Thousand Three Hundred Twenty Dollars ($565,320.00) and other good
and valuable consideration, the receipt of which is hereby acknowledged, does
hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a
municipal corporation, hereinafter called GRANTEE, and unto Grantee's
successors and assigns, a permanent easement for the purpose of construction,
maintenance, repair and/or replacement, enlargement and operations of roadway,
drainage, sidewalks, and general utilities including water and/or sanitary sewer pi e
line or lines, manholes, natural gas, electrical power, telephone, fiber optic cable(s)
and television communication line or lines, and appurtenances thereto, on over,
across, and under the following described land situated in the County of Washington,
State of Arkansas, to -wit:
PROPERTY DESCRIPTION: Deed Ref: 2013-00000127
Part of the Northwest Quarter (NW%) of Section Thirty-four (34), Township Seventeen (17) North, Range Thirty (30)
West, Washington County, Arkansas, described as follows, to -wit: Beginning at the Southeast corner of the said
Northwest Quarter (NWland running thence N00 Degrees 05'21 "W 2565.78 feet to the South line of the Arkansas
State Highway Commission Right of Way; thence along said Right of Way line S66 Degrees 33'41"W 145.31 feet,
S45 Degrees 02'15"W 107.74 feet, S27 Degrees 28'44" W 517.93 feet, S43 Degrees 37'19" W 163.19 feet, S54
Degrees 22'36"W 256,17 feet, S79 Degrees 47'51 "W 358.46 feet, S82 Degrees 53'50"W 364.0 feet, S89 Degrees
53'44"W 167.44 feet; thence leaving said Right of way line and running S00 Degrees 00'01'"E 15138.21 feet; thence
S89 Degrees 39'28"E 466.92 feet; thence N01 Degree 30'39"E 431.40 feet; thence N87 Degrees 37'53"E 383.01
feet; thence S01 Degree 58'26"E 450.30 feet; thence S89 Degrees 47'21 "E 778.31 feet to the point of beginning, and
beim subject to easements and rights of way of record. LESS AND EXCEPT: Part of the Northwest Quarter of
Section 34, Township 17 North, Range 30 West, Washington County, Arkansas, more particularly described as
follows: Commencing at a Half Inch Rebar found at the Quarter Corner of Sections 33 & 34: thence South 87°24'17"
East along the South line of the Northwest Quarter of Section 34 a distance of 1317.66 feet'to a point being used as
the Center West Sixteenth Corner of said Section 34; thence North 02025'01" East along the East line of the
Southwest Quarter of the said Northwest Quarter a distance of 1,177.62 feet to aoint on the Southern Rigght of Way
of Interstate 49 as established by AHTD Job 880414 and the POINT OF BEGINNING; thence South 79°28'03" West
along said right of way linea distance of 223.05 feet to a point; thence North 87*06`30"`West along said right of way
line a distance of 127.05 feet to a point; thence North 02029'38" East a distance of 503.64 feet to a point on the
Southern Right of Way of Interstate 49 as established by AHTD .fob 1534 Section 1; thence South 87 1641" East
along said right of way line a distance of 167.50 feet to a ,point; thence North 85021'44" East along said right of way
line a distance of 364.01 feet to a point; thence North 82'17'31" East along said right of way line a distance of 359.03
feet to a point; thence North 57°00'34" East along said right of way line a distance of 255.98 feet to a point; thence
North 45059'17" East along said right of way line a distance of 163.48 feet to ant; thence North 29°53'39' East
along said right of way line a distance of 518.56 feet to a oint; thence North 47°36'56" East along said right of way
line a distance of 107.70 feet to a point; thence North 69°80'43" East along said right of way line a distance of 71 .89
feet to a point on,the Southern Right of Way of interstate 49 as established by AHTD Job BB0414; thence South
43°06'54" West atong said right of way line a distance of 146.83 feet to a point; thence South 34035'25" West along
said right of way line a distance of 160.58 feel to a point; thence South 27°04"56" West along said right of way line a
distance of 219.23 feet to a point; thence South 33 46316" West along said right of way line a distance of 214.85 feet
to a point; thence South 39002'57" West along said right of way line a distance of 211.18 feet to apoint; thence South
49044'01" 'West along said right of way fine a distance of 140.32 feet to a point; thence South 55 05'30" West along
said right of way line a distance of 138.50 feet to a Point; thence South 51032'44" West along said right of way line a
distance of 273.79 feet to a point; thence South 43 18'52" West along said right of way line a distance of 123,92 feet
to a point; thence South 53°49'31" West along said right of way line a distance of 170.40 feet to a point; thence South
72°16'47" West along said right of way line a distance of 102.47 feet to the POINT OF BEGINNING and containing
9.21 acres (401,067 sq, ft.) more or less as shown on AHTD plans referenced as Job BB0414.
PERMANENT EASEMENT DESCRIPTION:
A 30 -foot easement South and East of and adjacent to the Easterly right-of-way for Interstate 49 as shown on
Arkansas Highwayy Transportation Department plans for ,lob No. B80414. Being more ,particularly described as
follows: A part of the SW%4 of the NW YA and SE'/A of the. NW % and NE % of the NW %, of Section 34, Township 17
North, Range 30 West, Washington County, Arkansas. Commencing at the Southwest corner of the NW M of said
Section 34; thence S87°24'17"E a distance of 971.73 feet along the South line of said SW %. of the NW Y to the
West property line as described in File 2013-00000127; thence along said West property line NO2°29'38"E a distance
of 1097.61 feet to the POINT OF BEGINNING; thence continuing along said West property fine NO2029'38"E a
GENERAL UTILITY EASEMENT
Page 2 of 3
distance of 30.00 feet to a point on the Easterly right-of-way for Interstate 49 as shown on Arkansas Highway
Transportation Department plans for Job No. 880414; thence along said Easterly right-of-wayy the following courses:
S87°06`30'"E a distance of 127.05 feet, N79°28'03"E a distance of 223,05 feet, N72°16'47"E a distance of 102.47
feet, N53'49'31"E a distance of 170.40 feet, N43018'52"E a distance of 123.92 feet, N51°32'44"E a distance of
273.79 feet, N55005'30"E a distance of 138.50 feet, N49'44'01 "E a distance of 140.32 feet, N39002'57"E a distance
of 211.18 feet; thence leaving said Easterly right of way N38'31'42"E a distance of 243.33 feet; thence N20015'19"E
a distance of 195.51 feet to said Easterly right of way; thence along said Easterly right-of-way the following courses:
N34°35'25"E a distance of 160.58 feet, N43006'54"E a distance of 89.59 feet to a paint on the South line of an
existing 25 foot Water & Sewer easement described in Book 1045 Page 115; thence along said South line of an
existing 25 foot Water & Sewer easement N69001'00"E a distance of 68.68 feet; thence leaving said South line of an
existing 25 foot Water & Sewer easement S43006'54"VII a distance of 149.13 feet; thence S34°35'25"W a distance of
154.57 feet; thence S20015'19"W a distance of 196.57 feet; thence S38°31'32"W a distance of 247.05 feet; thence
S39°02'57"W a distance of 215.37 feet; thence S49°44'01 "W a distance of 144.53 feet; thence S55005'30"W a
distance of 138.98 feet; thence S51032'44"W a distance of 114.91 feet; thence S45°15'53"W a distance of 45.70
feet; thence S51 °32'44"W a distance of 110.00 feet; thence S43°18'52"W a distance of 124.62 feet; thence
S53°49'31"W a distance of 179.30 feet; thence S72°16'47"W a distance of 110.04 feet; thence S86°17'59"W a
distance of 41.70 feet; thence S79028'03"W a distance of 187.69 feet; thence N87°06'30"W a distance of 130.37 feet
to the POINT OF BEGINNING, containing 70,139 square feet or 1.61 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 AN Q TO HOLD unto said Grantee, its successors and assigns, until the use of said permanent easement is
relinquished, abandoned or vacated and so long as such pipe line or lines, electrical power, telephone and/or television lines or
cables, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real
estate first herein above described for the uses and purposes herein above 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, lines andlor cables where feasible, to a sufficient depth so as not to interfere
with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where
they shall be at a height above water.
The Grantor agrees no to erect any buildings or structures in said permanent easement.
The Grantee shall have the right to construct additional pipe lines, electric power lines, telephone and/or television lines
or cables upon the above described easement at any time in the future and agrees to pay any damages as a result of such
future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
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:
lvr* &�t
[Please print or type Name and Title]
6 3 , day of A4 Zl L_. , 2017.
RPM1 Properties, LLC, an Arkansas limited liability company
BY: -
Z.. ` VxGz4ruzk .` l
[Please print or type Name and Title)
GENERAL UTILITY EASEMENT
Page 3 of 3
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON ss.
BE IT REMEMBERED, that on this Mate, before the undersigned, a duly commissioned and acting Notary Public within
-
and for said County and State, personally appeared r, L. fkw.:� c and w t..W s �4 ,tome i
known as the persons who executed the foregoing document, and who stated and acknowledged that they are the
and c ts , respectively, of RPM1 Properties, LLC, ars Arkansas limited
liability company, and are duly authori ed in their respective capacities to execute the foregoing instrument for and in the
name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed and delivered
said instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this 13�' day of pti. , 2017.
MY COMMISSION EXPIR
MARY PJ. FORREST
MY COMMISS10N # 12693234
I o•A_:=:''' EXPIRES:January 10. 2026 Notary Pu IiC
washingtnn County