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Home My WebLink About78-18 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 78-18 File Number: 2018-0131 SALE OF CITY OF FAYETTEVILLE PROPERTY ABOUT A ACRES: A RESOLUTION TO SELL ABOUT 0.1 ACRES OF LAND AT THE NORTHWEST CORNER OF SOUTH RAZORBACK ROAD AND SLIGO STREET TO JOHN CHRISTOPHER LOONEY AND MYRIAH DAWN JOHNSON FOR $5,000.00 WHEREAS, the City of Fayetteville currently owns 0.1 acres at the northwest corner of South Razorback Road and Sligo Street that is excess property acquired during the construction of South Razorback Road; and WHEREAS, John Christopher Looney and Myriah Dawn Johnson own the land immediately west of the City's parcel and are in the process of acquiring another small parcel of excess right-of-way from the State of Arkansas just north of the City's parcel, and they have offered the City $5,000.00 for the 0.1 -acre parcel; and WHEREAS, the State of Arkansas obtained an appraisal for its 0.05 -acre parcel to the north and using the valuation per square foot established by that appraisal, the City's parcel would appraise for approximately $3,300.00; and WHEREAS, the property is currently undeveloped and is no longer needed for any municipal purpose. 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 approves the Land Sale Agreement (attached to this Resolution and made a part hereof) for the sale of about 0.1 acres to John Christopher Looney and Myriah Dawn Johnson for $5,000.00, finds that the property is not needed for municipal purposes and should not be rezoned, and authorizes Mayor Jordan to sign the Land Sale Agreement, Warranty Deed and any other documents necessary to convey this 0.1 -acre parcel. Page 1 Printed on 317118 '719-13 Resolution:Ovg "� 1 Fj/e Number, 2018-0121 PASSED and APPROVED on 3/6/2018 Attest: Luzw- _Zt-'-& Sondra E. Smith, City Clerk Treasurer Page 2 Printed on 317118 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0131 Agenda Date: 3/6/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 9 SALE OF CITY OF FAYETTEVILLE PROPERTY ABOUT .1 ACRES: A RESOLUTION TO SELL ABOUT 0.1 ACRES OF LAND AT THE NORTHWEST CORNER OF SOUTH RAZORBACK ROAD AND SLIGO STREET TO JOHN CHRISTOPHER LOONEY AND MYRIAH DAWN JOHNSON FOR $5,000.00 WHEREAS, the City of Fayetteville currently owns 0.1 acres at the northwest corner of South Razorback Road and Sligo Street that is excess property acquired during the construction of South Razorback Road; and WHEREAS, John Christopher Looney and Myriah Dawn Johnson own the land immediately west of the City's parcel and are in the process of acquiring another small parcel of excess right-of-way from the State of Arkansas just north of the City's parcel, and they have offered the City $5,000.00 for the 0.1 -acre parcel; and WHEREAS, the State of Arkansas obtained an appraisal for its 0.05 -acre parcel to the north and using the valuation per square foot established by that appraisal, the City's parcel would appraise for approximately $3,300.00; and WHEREAS, the property is currently undeveloped and is no longer needed for any municipal purpose. 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 approves the Land Sale Agreement (attached to this Resolution and made a part hereof) for the sale of about 0.1 acres to John Christopher Looney and Myriah Dawn Johnson for $5,000.00, finds that the property is not needed for municipal purposes and should not be rezoned, and authorizes Mayor Jordan to sign the Land Sale Agreement, Warranty Deed and any other documents necessary to convey this 0.1 -acre parcel. . City of Fayetteville, Arkansas Page 1 Printed on 3/712018 Devin Howland Submitted By City of Fayetteville Staff Review Form r Legistar File ID 3/6/203.8 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/16/2018 ECONOMIC DEVELOPMENT (050) Submitted Date Division / Department Action Recommendation: APPROVAL OF A RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY, APPROXIMATELY .1 ACRES (PARCEL 765-08374-000) LOCATED WEST OF RAZORBACK ROAD AND NORTH OF SLIGO STREET TO JOHN CHRISTOPHER LOONEY AND MYRIAH DAWN JOHNSON FOR $5,000. Account Number N/A Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget - V20180209 Previous Ordinance or Resolution # Fund N/A Project Title Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE g ARKANSAS MEETING OF MARCH 6, 2018 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Devin Howland, Director of Economic Vitality DATE: February 16, 2018 CITY COUNCIL MEMO SUBJECT: A resolution authorizing the sale of City of Fayetteville Arkansas Property, .1 acres located west of Razorback Road and north of Sligo Street RECOMMENDATION: Approval of a resolution authorizing the sale of City of Fayetteville, Arkansas property, approximately .1 acres (Parcel 765-08374-000) to John Christopher Looney and Myriah Dawn Johnson for $5,000. BACKGROUND: The property is currently undeveloped. The City was recently approached by Chris Looney and Myriah Johnson to purchase the property. Chris Looney and Myriah Johnson own .8 acres property to the northwest of the City owned land and recently acquired .1 acres of land from the Highway Department immediately north of the City owned land. Their plans include the development of a duplex on the property. The property is currently zoned Neighborhood Services Limited. Chris Looney and Myriah Johnson's offer letter includes a purchase price of $5,000 and a commitment to not use the any of the current trees on the City owned property toward their tree preservation requirements. DISCUSSION: In September of 2017, Chris Looney and Myriah Johnson purchased 0.05 acres of land, immediately to the north of the land in question, from the Arkansas State Highway and Transportation Department for $1,650. An appraisal was conducted in August of 2017 for the land owned by the Highway department which established the value of $1,650 or $.74 per square foot. Utilizing the appraisal, the property has a market value of $3,300. Their offer of $5,000 is more than market valuation of the property. City Code §34.27 establishes requirements regarding public notice and procedure for the sale of real property owned by the City of Fayetteville. City staff has performed all necessary public notification procedures in compliance with this city ordinance (documentation attached). Additionally, the City Council must establish that this land is no longer needed for municipal purposes. As a purpose of the Commerce District is to encourage economic development that Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 generates revenue for the City by providing new and expanded services, and finding that there is no identified use for the subject property for municipal purposes, this land is no longer needed for municipal purposes. BUDGET/STAFF IMPACT: The acquisition of the property was 80% Federally funded, therefore at least 80% of the compensation received by the City would need to be applied to another Federal -Aid project located in the City of Fayetteville. Attachments ' • Offer Letter to the City of Fayetteville • Survey of Property • Public Notification • Land Sale Contract • Property Appraisal for Arkansas State Highway Department • Arkansas State Highway Department Meeting Minutes • Tree Survey January 31, 2018 To Mayor Jordan, Don Marr, and the City Council: Re: Corner of Sligo Rd. and S. Razorback Rd. My name is Chris Looney and I am a landowner in the City of Fayetteville. I own ±.80 acres of undeveloped land that is off Sligo Rd., which is right off of Hwy 112/South Razorback Rd in the Fayette Junction Area. In purchasing the land last year and working with the City of Fayetteville planning staff, we uncovered a fixable error in the city GIS maps and online Washington county maps. The maps showed my wife and I's tract to connect to the corner of S. Razorback Rd and then along it for approximately 130 ft. Naturally, this is what drew us to the property initially, but through our survey, we realized that this wasn't legally included in our property (which is Parcel No. 765-08374-001). The small triangular piece turned out to be owned by the City of Fayetteville and was acquired when the city was expanding Razorback Rd. The piece I am referencing is the Part of Lot 8 that is on the other side of the ROW and is outside of the maintenance area. I have left surveys of this piece and all the surrounding parcels with Mr. Devin Howland at the mayor's office for all to see. Regardless of not owning this corner parcel, we went through with the purchase of our property with the hopes that we can work together alongside the City of Fayetteville to purchase the other piece to make a useable piece of property. Because the corner is not included in our land, this prevented us from much further planning for the site with the City staff and any actual cleaning of the site as well. We completely understand that any and all construction and clearing has to approved through the city and the urban forester, which is why we have walked the property with Lee Porterto receive guidance on this matter. We have also attached a tree survey that we received last week as we wanted to understand what was on the property so we can plan accordingly. We want to keep as many trees as we can and also to plant as many as we can around the property lines to the west and the north. At this time, we would hope you consider our property issue and approve what would be required for the City of Fayetteville to convey the West Part of Lot 8 to my wife and me at its fair market value. At this time, we would be willing to pay the City of Fayetteville, $5,000.00 USD, for the parcel in question and we would also like to propose that we would be unable to use any of the current trees on the city parcel for our tree canopy requirements if the city sells the parcel to us. In hopes to show that our offered amount is well and above the market value of the parcel in question, I have attached the appraisal of a very similar parcel that is immediately north of this piece. If using the calculation values from the appraisal, the west part of lot 8 parcel would be worth 4,396 sf*$.74/sf= $3,250.04. Our offer price is considerably more than what market value appears to be for the parcel, but we feel that $5,000 is appropriate and fair in this case. If there is a reason or regulation where it must be purchased at market value, we will of course adjust our offer. I think it is also very important to note that we have acquired Parcel No. 765-08375-003, which is the connecting parcel along S. Razorback Rd that the above mentioned appraisal was for. We have worked closely alongside the Arkansas State Highway Commission and ARDOT since last February to acquire this parcel. With this parcel becoming our property as well, we close in the corner of South Razorback Rd. and Sligo Rd. -which is the piece we would like to purchase from the City. We hope that you see what we do and that it would make sense to clean up these properties from a legal description standpoint and sell us the corner to make it one whole tract. If you have any questions for us, please contact us and I would be more than glad to meet you in person or at a future council meeting if that would be preferred. I want to work alongside the City to make this come together. I have left a copy of this parcel's survey with Devin Howland as well. Not that its needed for you to consider our request, but My wife and I love Fayetteville and want to make it our forever home one day. I graduated from the U of A in 2007 and return every year multiple times as my family is intertwined with the school with multiple generations graduating from the University and living in Arkansas. I was also Big Red and Ribby, two of the U of A mascots, and my wife learned her love of music from the music department at the U of A so as you can see our passion runs deep. We love Fayetteville and will always strive to keep it as fantastic as it is while also putting in our efforts to make it better for the future too. Along with this letter, we have included many materials to the city to show what we were thinking about doing with the property. We hope that you review the attached materials, and that you will approve our request to convey the property to us at the price we offered or at the market value. We look forward to hearing from you and working with you to complete this process and the overall Fayette Junction Master Plan. Respectfully, John C. Looney "Chris" and Dr. Myriah D. Johnson t3mD� goo � og o$Ta o'm �mOmvi� bSmo:. nU1 [Di)yAmAm� pT pK. 3I Spypoz � 3< yOAZVDi�m�T O oSo�mS�°zm mT9��in��o� gNmm��spo 00 ti� tG) y zoy_Nmom �> o A p S O os�m� Hpc! t zS 87°03'57" E / 49.50' 02 C W o - g`gx w V Rlll SLIGO ST. 1 j (40' R/W) N v 2 0 0 co rn \ •i4 i� NTp9 my mN20 VyN NONZZNmmmTyyNpN� pmT.N rOXyQy�A2 CI�n COC ypmjOrmO�mCCD mOjW�OZ�Zy O mGNZ��203�2y0�<O O C1r NN 41 N NCZ 2222'ZmD mi0 p2.Z1=�mp 2�RlOr OmOmcmre..NppOp ,lI N 30DN�yZ��NNNADmpo�m�m� oD020mN{�DOv40m Dpm p��pmm Pmt l gm6Z1COD.O ' C), Z- .'o .11m OyDCK AmU�NOmNnOmp ,TDiA� yx s !l �� m<xr�r�4TyOpm^' OxmrcO y 0 y T m x$ N5 nuy0 ?xm� C w 1� Nz COA>mmy Om D.ZITOSO "MIN Cyd zDNo�o�°n��;xN�6omNo� f -Q 9�x�o 1�nop� xcco i o I1I SoRINL -AWn -yy2 ml�i_5 m4Z1 .0 7 }� OZ O ZMM HiQ �myy�SmS �XKTDZA POA f�ll� IIh,, i m r� 0 0>' O Z> o 0 0 u D Z� y� 0 0 �CxmO<D� m O.T y m cc `��r. =�mZOI^L1 Nr I�Dno O z� r In 02r>6 Dz m Z °1 mmmo LI m m -Mo RI00 D�iT �m1DO- Om L) � rl ;u y Z -i m 0 � m azo m 'O �z m N x z N 0 z O yC n A O c y p x Aft CITY OF �� 0 = FAYETTEVILLE SURVEY PLAT a ' Y O ARKANSAS [ I y $ ENGINEERING DIVISION CITY OF FAYETTEVILLE f 113 W. MOUNTAIN STREET r•w Nnl ear r4Fx _ CERTIFICATE OF MAILING / hereby certify that a true and correct copy of the attached written notice was placed in the U.S. mail, first-class, postage prepaid this 15th day of February, 2018, and addressed as follows: Name: Randy Bolinger Street: 2219 S. Coleman Ave. City, State, Zip. Fayetteville, AR 72701 Name: Rock Holdings, LLC Street: PO Box 9311 City, State, Zip: Fayetteville, AR 72703 Name: University Rentals, LLC Street: PO Box 1444 City, State, Zip: Fayetteville, AR 72702 Name: James & Carol Hawkins Street: 12 E. 28th Circle City, State, Zip: Fayetteville, AR 72701 Name: Mynah Johnson & John Looney Street: 1207 Walter St. City, State, Zip: Gainesville, TX 76240 Name: Street: City, State, Zip: Andrew Harrison (signature of person completing the mailing) City File No. /Name: 18-6124 i CITY OF FAYETTEVIILLE ARKANSAS February 15, 2018 Re: Public Notice — ADM 18-6124, Sale of Property -Parcel 765-08374-000 Dear Property Owner: Please be aware that the Fayetteville City Council will consider a Resoluticn and Contract to sell about .1 acre of land (parcel 765-08374-000) it owns on S. Razorback Road. The property currently contains no structures. It is zoned NS -L, Neighborhood Services Limited. Planned use is for a duplex. This possible sale will be considered by the City Council during its 5:30 p.m. meeting held on March 6, 2017 in Room 219 of City Hall, located 113 W. Mountain Street. If you wish to learn more about this proposed sale, please contact Devin Howland, Director of Economic Vitality at 479-575-8221. You may also attend the March 6, 2017 City Council meeting and ask questions or make comments when this resolution is presented for City Council consideration. Sincerely, Devin Howland Director of Economic Vitality City of Fayetteville, Arkansas Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CERTIFICATE OF SIGN POSTING 1, Andrew Harrison attest that the above sign was posted Feb 15, 2018_adjacent to Razorback & Sligo Rds. (signature of person completing the sign posting) City File No. 18-6124 02/16/18 0cer Account 5182985 Arkansas Democrat -Gazette Arkansas Democrat -Gazette Name CITY OF FAYETTEVILLE Credit Card Phone 479-521-7700 Type Visa Address 113 W MOUNTAIN Num Auth 090621 / City FAYETTEVILLE Expire: State AR Zip_727Q1 Country Code US S 02/18/18 Paytype CC Issues 1 S p 0211,8118 Rate Code NL4 Class 1230 CokZH.R 65.36 rback Rd Amount 65.35 Ta 0 Amount aid 65.36 Payment a 0.00 Received by Amount Paid Rep 285 Ad# 34394 Payty Credit Card Balan Receipt No C33112 {ntn a I .44 5IKEF to, teoneY an anwran kr 10:03 AM 70109I1re Ifl M11 Ad shown is not actual print size 168 Words Ad Size 1 cols x 3.08 inches Date Customer Receipt Arkansas Democrat -Gazette 02/16/18 10:03 AM Arkansas Democrat -Gazette Account 5182985 Name CITY OF FAYETTEVILLE Credit Card Phone 479-521-7700 Type Visa Address 113 W MOUNTAIN Num Auth 090621 Expire! I City FAYETTEVILLE State AR Zip 72701 Country Code US Start 02/18/18 Paytype CC Issues 1 Stop 02118/18 Rate Code NL4 Class 1230 Copy PH. Razorback Rd Amount 65.36 Rep 285 Tax 0.00 Ad # 74434394 Amount Paid 65.36 Paytype Credit Card Payment Due 0.00 Balance 0 Receipt No C33112 Received by 110MI nFSYEgl+r1¢,1F0'IG Arhr+,4b vu:�nlNrrCayyat11 Mra}ta [Flyr]ilNll+t! CnSI'rdtG $U18d S3Gppm.tn rrs,n 7fg_. RAxlralr A+Srci+ir n„+m ii.ltfin{.1 r13 Sh'. Mou* Ian Slravl F.7yvstrnh. A7.uAss U;01 Ihr Id1NYWy Gem a rr P. I t Le1011 ilra{in IhT Io- z;4 unr N" pu3uw to Owikfn117Y'a fA Ilr!!�SYd' f ,-AWnge.0�d x+14 nnrrfH.YdY [hr 7Ysn G 2718 FsytrtaNlit �� Cpssl rm+ �tz•ot7a S+VLF C}F StUCi[k F VALLY IFb7{EEtFFAS.11M+iHn WN SrrurllteAlry[:IYCf4fF !u r t }xalrG S Sf GF S rI�Iq}I IIGRIr1 OF SL40 sing u,r rm, ennt7e inr rand i3 anvEa• cm) 1110 xalrp] �>ysf t 1{rrAB unto 467 OF S. aIL'r}fAI,CIC MUD AIIP NOW 9F It M0 $1KEI1 o John On Iophv Lomi+y aws?.Womn Dawn IGhn,to for SS FAG Thr Irrr Iptrd uW rpt llrr yrcjrrl7ln h rAgF?I Iris Il�%�4d►tt1.'+it1l n. cen:,an�a � Inr � IYAnri1 &,IingiFsMvdll.7GI rartfi,q Y 15'W ki> "m'SkM.Itiun {7 7451rAaFb. IB dim Ad shown is not actual print size 168 Words Ad Size 1 cols x 3.08 inches Date LAND SALE AGREEMENT This Land Sale Agreement is made and entered into by and between the City of Fayetteville, Arkansas, a municipal corporation of the State of Arkansas (hereinafter "City" or "Fayetteville") and John Christopher Looney and Myriah Dawn Johnson ("Purchasers"). The City of Fayetteville agrees to sell a parcel of about 0.1 acres at the northwest corner of South Razorback Road (Highway 112) and Sligo Street to Purchasers for FIVE THOUSAND DOLLARS ($5,000.00) and Purchasers' performance of all of the terms, conditions and promises set forth in this Agreement. Purchasers agree to pay to the City of Fayetteville FIVE THOUSAND DOLLARS ($5,000.00) for this 0.1 -acre parcel and to perform all of the terms, conditions and promises set forth later in this Agreement. T. M� ANr! CUN DIT1QNS 1. Sale Subject to existing easements and rights of way and subject to the terms and conditions, mutual promises and covenants of this Agreement, the City of Fayetteville agrees to sell a parcel of about 0.1 acres (hereinafter the "Property") located at the northwest corner of South Razorback Road (Highway 112) and Sligo Street by warranty deed to Purchasers for the amount of FIVE THOUSAND DOLLARS ($5,000.00). This Property is shown on the map attached as Exhibit A and is legally described as follows: Part of Lot 8, Block 1 of Meadow Vale Subdivision of part of the Southwest Quarter of the Southeast Quarter of Section 20, T -16-N, R -30-W, Washington County, Arkansas, more particularly described as follows: Beginning at the Northwest corner of the Lot 8, Block 1 of Meadow Vale Subdivision of part of the Southwest Quarter of the Southeast Quarter of Section 20; thence South 87 degrees 08 minutes 33 seconds East along the North line of Lot 8, Block 1 of the Meadow Vale Subdivision a distance of 49.50 feet to the Northeast corner of Lot 8, Block 1 of Meadow Vale Subdivision; thence South 02 degrees 16 minutes 16 seconds West along the East line of Lot 8, Block 1 of Meadow Vale Subdivision a distance of 11.70 feet to a point on the Westerly proposed right of way line of proposed Razorback Road. Thence South 18 degrees 22 minutes 30 seconds West along said proposed right of way line a distance of 123.10 feet to a point on the Northerly existing right of way line of Sligo Street; thence North 87 degrees 08 minutes 39 seconds West along said existing right of way line a distance of 15.90 feet to a point on the Southwest corner of Lot 8, Block I of Meadow Vale Subdivision; thence North 02 degrees 30 minutes 38 seconds Page 1 of 4 East along the West line of Lot 8 Block 1 of Meadow Vale Subdivision a distance of 130.31 feet to the point of beginning and containing 4,460 square feet more or less. 2. Purchase Subject to the terms and conditions, mutual promises and covenants of this Agreement, Purchasers agree to buy the Property for FIVE THOUSAND DOLLARS ($5,00.00) to be paid to the City of Fayetteville on or before the Closing Date by certified check or cashier's check. 3. Closing Date and Place Closing shall occur within 60 days following the date this Agreement has been executed by both parties unless extended by mutual agreement of the parties in writing. The Closing shall occur at 113 West Mountain Street, Fayetteville, Arkansas in a room supplied by the City of Fayetteville. 4. Date of Possession Possession of the Property shall be delivered to Purchasers on the Closing date free of any tenancies or other third party possessory rights. 5. Tree Preservation Requirements Purchasers agree that any trees located on the Property shall be excluded from and shall not be used to meet the Percent Minimum Canopy requirements as set forth in the Fayetteville Unified Development Code for any development on the Property or adjacent parcels. 6, Deed and Other Documents On the Closing date, the City of Fayetteville shall convey marketable and insurable title to the Property by general warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement, subject only to current real estate taxes, if any (to be apportioned between the parties) and existing easements. Purchasers shall be responsible for any revenue stamps resulting from this transaction and all recordings fees for the deed and other documents that need to be filed. 7. Risk of Loss Risk of loss as to the Property shall remain with the City of Fayetteville until the Closing date. 8. Purchasers' Due Diligence Purchasers shall have thirty (30) days from the approval of this agreement to enter upon the Property to conduct any surveying, testing or inspection it deems necessary to ensure the Property will be appropriate for the construction and use for its facility. If Purchasers discover any problems that would adversely impact its development and use of the Property for its facility, Purchasers Page 2 of 4 shall notify the City which is granted sixty (60) days to remediate any problem. The City may also terminate this Agreement without penalty rather than remediating any problem or issue discovered by Purchasers. Likewise, if the City does not remediate the problem, Purchasers may terminate this Agreement without penalty or proceed under this Agreement to accept the property without resolution of the problem. 9. Notices Notices required by this Agreement shall be in writing and shall be delivered to: John Christopher Looney and Myriah Dawn Johnson 1207 Walter Street Gainesville, TX 76240 City of Fayetteville ATTN: Mayor's Office 113 W. Mountain Street Fayetteville, AR 7270172701-6083 10. Authority Each of the undersigned individuals represent and warrant that they are authorized to enter into this Agreement on behalf of their respective entities and that execution hereof will bind the entities to this Agreement. 11. Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement. 12. Facsimile For purposes of executing this Agreement, a facsimile signature shall be as effective an as actual signature. 13. Applicable Law This Agreement shall be construed and enforced in accordance with the laws and public policies of the State of Arkansas. 14. Survival The representations, warranties, and agreements of the parties contained herein shall survive the Closing and shall not be merged into the Closing, instead surviving as though all warranties, Page 3 of 4 representations, covenants and agreements made in this Agreement were incorporated into the Warranty Deed delivered by the City of Fayetteville to Purchasers as if set out word for word. 15. No Waivers The waiver by either party hereto of any condition or the breach of any term, covenant or conditions herein contained shall not be deemed to be a waiver of any other condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. 16. Time of Essence Time is of the essence in this Agreement. 17. Invalidity If for any reason any tern or provision of this Agreement shall be declared void and unenforceable by any court, it shall only affect such particular term or provision of this Agreement and the balance of this Agreement shall remain in full force and effect and shall be binding upon the parties hereto. 18. Complete Agreement All understandings and agreements heretofore existing between the parties are merged into this Agreement that alone fully and completely expresses their agreement. This Agreement may be changed only in writing signed by both of the parties hereto and shall apply to and bind the successors and assigns of each of the parties hereto and shall not merge with the deed delivered to Purchasers at closing. PURCHASERS Date: /�'lA Co Za i By. i Dc- MYktAlffAWN JOHNSON r CITY OF FAYETTEVILLE, ARKANSAS Date: L1 ATTEST: • Mayor By: Sondra E. Smith, City Clerk ♦�°t`4 •j. Is'�,fi, OP � • �J • 1 k Page 4of4 'k•••��., ��,'fEl�"dllty1�11y �ti�ti�� Part of Parcel No. 765-08374-000 WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the sum of Five Thousand Dollars ($5,000.00), the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto John Christopher Looney and Myriah Dawn Johnson, a married couple, hereinafter called GRANTEES, and unto Grantees' heirs and assigns, the following described land situated in the County of Washington, State of Arkansas, to -wit: Part of Lot 8, Block 1 of Meadow Vale Subdivision of part of the Southwest Quarter of the Southeast Quarter of Section 20, T -16-N, R -30-W, Washington County, Arkansas, more particularly described as follows: Beginning at the Northwest corner of the Lot 8, Block 1 of Meadow Vale Subdivision of part of the Southwest Quarter of the Southeast Quarter of Section 20; thence South 87 degrees 08 minutes 33 seconds East along the North line of Lot 8, Block 1 of the Meadow Vale Subdivision a distance of 49.50 feet to the Northeast corner of Lot 8, Block 1 of Meadow Vale Subdivision; thence South 02 degrees 16 minutes 16 seconds West along the East line of Lot 8, Block 1 of Meadow Vale Subdivision a distance of 11.70 feet to a point on the Westerly proposed right of way line of proposed Razorback Road. Thence South 18 degrees 22 minutes 30 seconds West along said proposed right of way line a distance of 123.10 feet to a point on the Northerly existing right of way line of Sligo Street; thence North 87 degrees 08 minutes 39 seconds West along said existing right of way line a distance of 15.90 feet to a point on the Southwest corner of Lot 8, Block 1 of Meadow Vale Subdivision; thence North 02 degrees 30 minutes 38 seconds East along the West line of Lot 8 Block 1 of Meadow Vale Subdivision a distance of 130.31 feet to the point of beginning and containing 4,460 square feet more or less. Subject to easements and rights-of-way of record. TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantees and Grantees' heirs and assigns, forever. And the said Grantor hereby covenants that it is lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantor will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS the execution hereof on this the [D4h day of M (a,�;�{ 12018. ATTEST: — Lt,� F, , SONDRA SMITH, City Clerk -Treasurer *�s��ttTR rf►rrr�i �r %tAK 71 iP •°-�Y.� SYS CITY OFF YETTEVILLE, ARKANSAS A MunicipAl Corporation ayor REVENUE STAMPS AFFIDAVIT The foregoing deed has the correct amount of Revenue Stamps affixed or is exempt from such stamps. Signed. John C. Looney & Myriah D. Johnson Address: 1207 Walter Street, Gainesville, TX 76240 ACKNOWLEDGMENT STATE OF ARKANSAS } } ss. COUNTY OF WASHINGTON } BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Lioneld Jordan and Sondra Smith, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk -Treasurer, respectively, of the City of Fayetteville, Arkansas, a Municipal Corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said City of Fayetteville, Arkansas, 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 m hand and seal on this "c' {i ' y day of 2018. MY COMMISSION EXPIRES: �LAA',. Notal Pu tic SURPLUS PROPERTY APPRAISAL FOR ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT JOB NO. 040039 PROJECT NO: N/A COUNTY: Washington TRACT NO: 25R LOCATION: Hwy. 71 —15"' St. (Fayetteville) (F), Route 112 Section 0 FEE OWNER: Arkansas Highway Commission ADDRESS: P.O. Box 2261 Little Rock, AR 72203 ESTATE APPRAISED: Fee Simple AREA OF SUBJECT PROPERTY: 2,198± sf (0.05f ac) (Legal Description Attached) MARKET VALUE CONCEPT Market Value may be defined as follows: The most probable price in terms of money which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. PURPOSE OF APPRAISAL The purpose of this appraisal is to estimate the Fair Market Value of the within described property. PREMISE AND LIMITING CONDITIONS 1. The sketch map, construction plans, and/or tract descriptions furnished the Appraisal Section by the Engineering Section are correct. 2. The attached legal description is correct and reflects the fee owner and all holders of less than fee interests in the property. 3. Information, dates, estimates and opinions contained in this report were obtained from sources considered to be reliable. However, no liability for them can be assumed or guaranteed. Each of the undersigned states that she/he is not interested in the property appraised, or the sale thereof; that she/he believes herself/himself to be well informed concerning the value of the property appraised; and that the fair market value of the property as of the 27th day of July, 2017 is: Date Date bate 7p,iser: �ilatha-yCR rcs288 QC: bre Job No: 040039 25R CERTIFICATE - SURPLUS PROPERTY We hereby certify; That we have personally inspected the property herein appraised, that we have made a personal field inspection of the comparable Sales relied upon in making Said appraisal. The subject and the comparable sales relied upon in making said ;appraisal were as represented by the photographs contained in said appraisal. That to the best of our knowledge and belief the statements contained in the appraisal herein set forth are true, and the information upon which the opinions expressed therein are based is correct; subject to the limiting conditions therein set forth. That the existence of potentially hazardous material used in the construction or maintenance of any structures, and/or the existence of hazardous materials or hazardous waste, which may or may not be present on the property, was not observed by us; nor do we have any knowlcclge of the existence of such materials on or in the property. The appraisers, however, are not qualified to detect such substances. The existence of hazardous materials or potentially hazardous waste material may have an effect on the value of the property. That such appraisal has been made in conformity with the appropriate State laws, regulations and policies and procedures applicable to appraisal of surplus property. That neither our employment nor our compensation for making this appraisal and report are in any way contingent upon the values reported herein. That we have no direct or indirect present or contemplated future personal interest in such property. That we have not revealed the findings and results of such appraisal to anyone other than the proper officials of the State Highway and Transportation Department of said State or officials of the Federal Highway Administration, and we will not do so until so authorized by said State Officials, or until we are required to do so by due process of law, or until we are released from this obligation by having publicly testified as to such findings. That in our opinion, the Fair Market Value of the subject property as of the 27th day of July, 2017 is $1,650.00 based on our independent appraisal and the exercise of our professional judgment. /r� Date Date Date Appraiser: Kenneth Redus, CR 2011 4pZr—Bro?Ies,4 Job No: 040039 25R I hereby certify: That I have not personally inspected the property herein appraised, that I have not made a personal field inspection of the comparable sales relied upon in making said appraisal. That to the best of our knowledge and belief the subject and the comparable sales relied upon in making said appraisal were as represented by the photographs contained in said appraisal. That our opinion of value is limited to the examination to the information and atialysis presented within the appraisal report. The data contained within the appraisal report has not been independently confrr►ned and I have not identified additional market data to consider. The appraiser(s) reserves the right to moditjr his opinion of value if any of the information used is proven to be false or otherwise in error. That our determination of the fair market value has been reached independently, based on the review of the market data contained within and supported by the attached documented appraisal report. That to the best of our knowledge and belief the statements contained in the appraisal herein set forth are true, and the information upon which the opinions expressed therein are based is correct; subject to the limiting conditions therein set forth. That the existence of potentially hazardous material used in the construction or maintenance of any structures, anchor the existence of hazardous materials or hazardous waste, which may or may not be present on the property, was not observed by its, nor do I have any knowledge of the existence of such materials on or in the property. The appraiser(s), however, are not gttalilied to detect such substances. The exismice of hazardous materials or potentially hazardous waste material may have an effect on the value of the property. That such appraisal has been made in conformity with the appropriate State laws, regulations and policies and procedures applicable to appraisal of surplus property. That neither our employment nor our compensation for making this appraisal and report are in any way contingent upon the values reported herein. That I -have no direct or indirect present or contemplated future personal interest in such property. That I have not revealed the findings and re:sislts 01 Suclt aplMliSrti t0anyone other than the proper of lici<als of the State I lighw ty and Transportation Department of said Mate or officials or the Fedeuil Highway Administration, and I will not do so until so authorized by said State Offlicials, or until I am required t0 410 So by clue process Of law, or until I am released from this obligation by having publicly testified as to such findings. That in our opinion, the Fair Market Value of the subject property as of the 27th day of July is 5.1,650.00 based on our independent appraisal and the exercise of our professional judgment. Y Z01 7 Date Z'114. ApprA icer: Ken Re:dus CR 2011 Appraiser: Job: Tract: 2A Narrative Description The subject property contains 2,198± square feet or 0.05± acre as per the legal description provided. It is a triangular lot within a platted subdivision known as Meadow Vale Subdivision. The subdivision is located along South Razorback Road within the city limits of Fayetteville, Arkansas in Washington County. The subject is Part of Lots 5 and 6 in Block 1 of Meadow Vale Subdivision (a.k.a. Lot 25R) and has a physical location just north of the northwest corner of the intersection of Sligo Street and South Razorback Road. According to the city zoning ordinance, the subject is zoned RMF -24 (Residential Multi -Family, 24 Units Per Acre). According to the AHTD Right of Way map, the lot has approximately 104.02± feet of frontage along South Razorback Road on its west side. It has a depth along the northern property line of 35.55± feet and a depth along the southern property line of 8.32± feet. The western property line measures 100.23± feet. Access is available from Razorback Road, but it was not developed at the time of inspection. The site has a level topography and appears to have adequate drainage. According to USGS Soil Maps, the subject property has a soil composition that includes Leaf silt loam. According to FEMA Flood Map 05143CO22OF effective 05/16/2008, the subject property is located in Zone X, which is outside the flood plain area. At the time of inspection, the entire tract was wooded with no apparent improvements or bodies of water on site. The subject's area is serviced by typical urban utilities including phone, electric, water, sewer, gas, and cable tv. The area is serviced by typical urban services including police and fire protection, and trash pick-up. Due to the subject's insufficient size coupled with the triangular shape, it not developable as an independent lot. Therefore, the subject property is suitable only for assemblage to an adjoining lot. Job No: 040039 25R MARKET DATA APPROACH (Whole Property) COMPARISON WITH SUBJECT PROPERTY SALE 1 March 2017 2 December 2012 3 March 2017 Date of Sale Size in Square Feet 41,437± 10,019+ 16,200-+ Sales Price $49,000 $20,000 $25,000 Unit Price $1.18/sf $2.00/sf $1.54/sf ADJUSTMENT FACTORS Conditions of Sale Market Market Market Improvement(s) -0- -0- -0- ADJUSTED SALES PRICE $1.18/sf $2.00/sf $1.54/sf Time -0- -0- -0- Location -0- -0- -0- Utility ($0.59/sf) ($1.00/sf) ($0.77/sf) Topography -0- -0- -0- Utilities -0- -0- -0- ]INDICATED UNIT VALUE $0.59/sf $1.00/sf $0.77/sf Time: There was no evidence found to indicate a significant change in property values in the subject's neighborhood during the past five years. Therefore, an adjustment for time was not considered to be necessary. Utility: The subject lot includes the area remaining after the acquisition for construction of Razorback Road. This remainder is insufficient in size for development as an independent lot. Therefore, it's only use would be for assemblage purposes. Based on ArDOT studies for the effect on value of properties purchased for assemblage purposes, the comparable sales were adjusted 50% to reflect the effect that would likely be found in the market. CORRELATION OF INDICATED VALUES: Sales 1 and 2 used in the table above represent sales of buildable lots within the subject's subdivision. Sale 1 adjoins the subject property on the western and southern sides. Sale 3 is a developable lot located in a different subdivision in the subject's neighborhood. All of these properties have similar zoning classifications and are adjacent to multi -family developments. Although they are all within the subject's immediate area, Sale 1 physically adjoins the subject property and was considered most like the subject with regard to location. Sales 2 and 3 were considered to be most like the subject with regard to size. The transfer of Sales 1 and 3 occurred this year and were considered to be most relevant with regard to time. For these reasons, all three of the sales were given weight in determining an estimate of value for the subject tract. The adjusted prices reflect the likely effect on the market value that the subject's limitations present. The range of indicated values is between $0.59/sf and $1.00/sf. The estimated current assemblage value of the subject property is $0.74/sf, applied as follows: ESTIMATED LAND VALUE: 2,198± A @ $0.74/sf = $1,632.02 rounded to $1,650.00 Job No: 040039 25R Photographs - i J w �1 Whole Property Looking Northwest 7/27/2017 • , iii ;3• ��'"�`' .':�M,4�. Street Scene Looking North Along Highway So. Razorback Road 7/27/2017 Job No: 040039 25R Addendum Area Data Legal Description Aerial View Maps Comparable Sales Location Map Comparable Sales Assessor's Record Information Fayetteville City Zoning Map FEMA Flood Map USGS Soil Map ArDOT Assemblage Studies Job No: 040039 25R JOB 40039 TRACT 25R LEGAL DESCRIPTION Part of Lots 5 and 6, Block 1 of Meadow Vale Subdivision of part of the Southwest Quarter of the Southeast Quarter of Section 20, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Starting at the Southwest Corner of Lot 6, Block 1 of Meadow Vale Subdivision of part of the Southwest Quarter of the Southeast Quarter of Section 20; thence South 87° 08' 33" East along the South line of Lot 6, Block 1 of Meadow Vale Subdivision a distance of 94.05 feet for the point of beginning; thence North 03° 11' 48" East a distance of 100.23 feet to a point on the North line of Lot 5, Block 1 of Meadow Vale Subdivision; thence South 87° 08' 27" East along the North line of Lot 5, Block 1 of Meadow Vale Subdivision a distance of 3 5.5 5 feet to a point on the Westerly proposed right of way line of proposed Razorback Drive; thence South 18° 22' 30" West along said proposed right of way line a distance of 104.02 feet to a point on the South line of Lot 6, Block 1 of Meadow Vale Subdivision; thence North 87° 08'33" West along the South line of Lot 6, Block 1 of Meadow Vale Subdivision a distance of 8.32 feet to the point of beginning and containing 2,198 square feet more or less. ,aLL {' r . • ltJ �` r;i�` 1. .-I cmc ",rH�,'�r �= •. .,+. rq a�rySUAll- 4 MJ lot cu: El iryi � �r ..+f.�y.• �iyr •wi� *� 1,� '� � _.+k r i + � ��II h 9] ,�jr N _ j .. .13 . i `"�""�: ' +Y � � � .Q • if AP i.. ,.•• per, y , l� d P LA A v 1 } r ,4 an�1,��F•xac)r�c•� SG�,� . 2, ,t� + , ��" ,`� � sT+ •:� � � is '`,•,,.o • 1.1 � r � +� 1 Ir.1'�_�.1:%t�� w i •'i�7��}1i�11 d'. i • � i -. .,rte..-,w--�.w�... r•�.�...�__..: '.: F 7.1 Poo IV " ►r QNl7 '� r¢' �; }�:•, tin+. IS cr INN i r COMPARABLE SALE 1 GRANTOR: Deborah L. Johnson (f.k.a. Deborah L. Bolinger) GRANTEE: Myriah Johnson & John Looney, H/W DATE: 3/25/2017 CONSIDERATION: $49,000 RECORDED Bk. 2017 Pg. 9338 VERIFICATION: N/A MOTIVATION: Investment USE (DATE OF SALE): Vacant Land USE NOW: Vacant Land FRONTAGE: 75±ft along Sligo Street; 135±ft along So. Razorback Road SHAPE: Almost rectangular SOIL TYPE: Silty loam ACCESS: From Sligo Street SIZE: 0.95± ac or 41,437± sf PER UNIT: $51 579/ac or $1.18/sf REV. STAMPS: $161.70 FINANCING: Typical ZONING: NS -L (Neighborhood Services -Limited) H & B USE: Multi -Family Residential DEPTH: 430±ft along western property line DRAINAGE: Appears adequate UTILITIES: All city LEGAL DESC: West '/2 of Lots 1-6 & Alt of Lot 7, Block 1, Meadow Vale Subdivision LOCATION: At the northwest corner of Sligo Street & So. Razorback Road, Fayetteville TOPOGRAPHY: Level to undulating REMARKS: .JOB: 040039 Surplus Tr25K COUNTY: Washington SALE- 1 COMPARABLE SALE 2 GRANTOR: Betty Bohannan Family Revocable Trust GRANTEE: Clarence McMahon Bypass Trust DATE: 12/19/2012 CONSIDERATION: $20,000 RECORDED Bk. 2012 Pg. 38882 VERIFICATION: N/A MOTIVATION: Investment USE (DATE OF SALE): Vacant Land USE NOW: Vacant Land FRONTAGE: 130fft along Sligo Street; 95±ft along Vale Avenue SHAPE: Rectangular SOIL TYPE: Silty loam ACCESS: From Sligo Street or Vale Ave — not developed SIZE: 0.23± ac or 10,018± sf PER UNIT: $86,963/ac or $2.00/sf REV. STAMPS: $66.00 FINANCING: Typical ZONING: RMF -24 (Residential Multi -Family -24 units per acre) H & B USE: Multi -Family Residential DEPTH: 95±ft along western property line DRAINAGE: Appears adequate UTILITIES: All city LEGAL DESC: East 130' of Lot 13, Block 1, Meadow Vale Subdivision LOCATION: At the north corner of Sligo Street & Vale Avenue, Fayetteville TOPOGRAPHY: bevel to undulating REMARKS: ry :W JOB: 040039 Surplus Tr 25R COUNTY: Washington SALF7 2 GRANTOR: GRANTEE: DATE: CONSIDERATION: RECORDED VERIFICATION: MOTIVATION: USE (DATE OF SALE): USE NOW: FRONTAGE: SHAPE: SOIL TYPE: ACCESS: SIZE: PER UNIT: REV. STAMPS: FINANCING: ZONING: H & B USE: DEPTH: DRAINAGE: UTILITIES: LEGAL DESC: LOCATION: TOPOGRAPHY: REMARKS: COMPARABLE SALE 3 Jane M. Combs Anderson Investments, LLC 3/1/2017 $25,000 Bk. 2017 Pg. 6720 N/A Investment Vacant Land Vacant Land 108±ft along So. Garland Avenue Rectangular Silty loam From So. Garland Ave. 0.37± ac or 16,200± sf $67,222/ac or $1.54/sf $82.50 Typical RSF-8 (Residential Single Family -8 units per acre) Two -Family Residential 150±ft Appears adequate All city Part of the S ''/z, SW '/4, SW Y, Sec 21, T16N, R30W, Fayetteville Outlots 1918 So Garland Avenue, Fayetteville Level to slightly sloping It appears that there was previously a dwelling on this site �frl��+��•,ci.w'�ia'rif_��e': �,'#u .::w _ i� . + "�' ... . 4.=.. JOB: 040039 Surplus Tr 25R COUNTY: Washington SAIF: 3 49 Dataftouwro Parcel: 765-08375-003 Prev, Parcel: 765-08375-002 Washington County Report Property Owner Name: ARKANSAS STATE HIGHWAY COMM Mailing Address: PO BOX 2261 LITTLE ROCK, AR 72203 Type: (EG) Ex. Government Over 65 Freeze: No Tax Dist: (011) FAYETTEVILLE SCH, FAY Size (Acres): Extended Legal: FOR 1995: PT LOTS 5 & 6 BLOCK 1 ID: 42977 As of: 7/31/2017 Property Information Physical Address: RAZORBACK Subdivision: MEADOWVALE SID Block / Lot: 001 / — S -T -R: 20-16-30 Market and Assessed Values: Taxes: Estimated Full Assessed Taxable Estimated $0 Market Value (20% Mkt Value) Value Taxes: Land: Homestead Building: 0 Credit: Total: Land: Land Use Size Units 1.000 House Lot Deed Transfers: Date Book Page Deed Type Stamps Est. Sale Grantee Code Type 5/23/1995 95 24933 Warr. Deed 3.30 $100 ARKANSAS STATE HIGHWAY COMM Not a Legal Document. Subject to terms and conditions, wWw.daiaUou torn. Q'fin. Page 1 0 DataSCoutPro Parcel: 765-08375-003 Prev, Parcel: 765-08375-002 Map: Washington County Report ID: 42977 As of: 7/31/2017 Not a Legal Document. Subject to terms and conditions. AAw.datascou ro.corn Page 2 r / / , / / I .. / r ! / ' � ! J / r r / / T r ' r r , ✓�- /. 1„• + x 1(� -�r f , Qj . / I / ! r `r !Jf / / Y s'. a / r ✓' r r / , /��/ l "!' *rr' r — / ” • / ! J 1 ♦ 1 _ Y ! rS ! / / , J / ! r / J / r ® ! r J 6 r J > � 04 11 r / / f / r ' / J / Ni ! y, ✓ + ! / ! r r >' I o / / a r f , ' / /iy ✓ / / 1 / l A r ! (,.! J / f / s r r r a ! F J / �,. r - I / / ! / / r T / / / x, + r r r / , � J A / ✓ J r + J , O " / / / r / / r r / r r f r �'f f 1 / r 1 / / / • f f 1 / ✓ - / r • r r > ` /' / / ✓ / ' / r l r , f A 4 A ✓ / I l / ! f / F l / / d r . 1 r / V - r . tIL/ / !• I / / 6 , r ! / f / ! / ! I r / / / r ! C / / ! / / r / / / / 1 / / / J ♦ 1 r / ♦ / , / I 1 r / / IhA.L I/ // / / / / s A / / e ! / ! / / / P r r e ^ r/ / 1 / / / / r J r / / / 1 1// t J / r J r d f / I ol < I i J ! 1 r ! f ! /. J J J / ! / / f I , / r r s' ✓ / + / / A f / ,�y,;yJ,w f l fes,, r X , r r t./ / / +' • I / J J J ! y R 1. f 1 r / r 1 _ • ol o / f I / / 1 I J / '7r r i r ! r r r A` • J .' Y r' r l / J / 1 / / / / 0 I r / ✓•i r - 1 r r r / / r / r - r J 1 r / / oo or / f / / / T ,'_ f '° r rr ../9' u'•''EF� r 1 / / r a r , o e 10 IJ �T {A ✓ � J � v /� t , of n ,` r / / < .0 e ! r r + ' / r / r -' C `-Ri ' �l gti!'y g J. ! ti r .� (•� v' 41 ol le oe LL / z.� Ail w �. Ai u 36- 2'4?'N Soil Map—Washington County, Arkansas -MV.0 M"" 36- 2'3 7' N JV70 39M 1 N 0 10 20 40 OD Ad 36 70 za Map projecUl; Web Mercator Comer coodnates: WCSM Edge Ucs: UTM Zone 15N WGS84 44 Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey YC&O 383610 3M F I 36- 2! 4r N 8/1/2017 Page I of 3 3V Y 3T N MAP LEGEND Area of lnlelest (AOI) 0 Area oFlMerc.1 (AOI) Sella Q Soll Map Unit Polygons y loll Map Unit Lines to Snll Met, Unil Polnta Speclal Polnl Faalurea V Blowoul Tnnapanillen Bonow Pit Rails Clay spat 0 Closed Depression US Routes Gravel Pit Major Roads GI.Yelly spar Va Landlgl A, Leve Flow Marsh nrswamp rR Mine or Quarry e M1-11 neous Weter O Perennial Water V Rock Outcrop + Seline Spot Sandy Spot i Severely Eroded Spot Slakhele Slide or Slip Sodic Spot Soil Map—Washington County, Arkansas gA 6poil Area o Stony Spot Very Stony spot Wet Spot A Ulner Speclnl Llne Fealures Welar Faalurea Slreeme end Canals Tnnapanillen 444 Rails e..r Interstate Highways �y US Routes - Major Roads Local Roads Background Kd Aerial Photography MAP INFORMATION The sell surveys that comprise your A01 were mapped at 1:20,000 Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping cin cause misunderstanding of the detail of mapping and accuracy of soil line placement The merge do not show the smell areae of contrasting soils that could have been shown at a more detailed scale Please rely an the bar scale on each map sheet for map measurements Source of Map: Natural Resources Conservation Service Web Soll Survey URL: Coordinate System: Web Mercator (EPS0:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such As the Albers equal-area conic projection, should be used it more accurate calculations of distance or area are required This product is generated from the USDA-NRCS certified data as of the version dale(s) listed below. Soil Survey Area: Washington County, Arkansas Survey Area Data: Version 13, Sep 28, 2016 Soil map units are labeled (as apace allows) for map scales 1:50,000 or larger. Dalo(s) aerial images were photographed: Sep 10, 2010—Oct 30, 2010 The orthopholo or other base meta on which the sell lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident Int" Natural Resources Web Soil Survey BI112017 1196 Conservation Servlcs National Cooperative Soil Survey Page 2 of 3 Soil Map—Washington County, Arkansas Map Unit Legend Map Unit symbol Le S1C2 Totals for Area of Interest tI g Natural Resources .�aConservation Service tilhahington County. Arkarim (AR143) Map Unit Name Acres In AOI Percent of AO1 Leaf sill loam 1.9 98.896 Savannah fine sandy loam, 3 0,1 3.4% to 8 percent slopes, eroded 2.0 100.0% Web Soil Survey National Cooperallve Sall Survey 8/1/2017 Page 3 of 3 Assemblage and/or Land -Locked Property Value Historically, assemblage values have been observed, by this appraiser, to be well below the market value of similar but not impaired properties, (e.g., see Assemblage and/or Land -Locked Property Value, Job 001966, Available Access (Timberland) Matched Paired Analysis, Job 001934, Available Access (Timberland) Matched Paired Analysis, Job 020357, and Comparisons for Assemblage, Job 060579, and Comparisons for Assemblage, Commercial and Residential, Job 020314, as follows. Given the following data and analysis from various markets around the state, the appraiser concludes that an assemblage value indication would be applicable, estimated in the 15% - 50% range as compared to similar property with good or unrestricted utility. EPSIII/ELL/SAM Assemblage and/or Land -Locked Property Value Residential Development Highest and Best Use Project #001966 On Project #001966 (Spring, 2009), it was verified through our sales research: Sale 21 (102.7±ac) was sold for $14,216/ac. Sale 22 (52.56±ac), was sold for $4,033/ac. (Sale 22 was a sell off from Sale 21 and was an Assemblage and/or Land -Locked property sale) This matched paired analysis is indicating an Assemblage and/or Land -Locked Property Value (Residential Development Highest and Best Use) of 28%. EPS1I1 AVAILABLE ACCESS (TIMBERLAND) MATCHED PAIRED ANALYSIS* Project # 001934 Sale 37T @ $820/ac and Sale 20 @ $1,188/ac = +31.0% Sale 37T @ $820/ac and Sale 48 @ $1,325/ac = +38.1% Sale 2 @ $875/ac and Sale 20 @ $1,188/ac =+26.3% Sale 2 @ $875/ac and Sale 48 @ $1,325/ac =+40.0% Sale 8 @ $450/ac and Sale 20 @ $1,188/ac =+62.1% Sale 8 @ $450/ac and Sale 48 @ $1,325/ac = +66.0% Sale 39A @ $680/ac and Sale 20 @ $1,188/ac =+42.8% Sale 39A @ $680/ac and Sale 48 @ $1,325/ac = +48.7% Sales 20 and 48 represent tracts with Good access. Sales 2 and 37T represent tracts with Fair to Average access. Sales 8 and 39A represent Assemblage tracts with Poor access. Based on the above analysis it appears that fair to average access property could have a market value 25 — 40% less than similar properties with good access; and assemblage tracts with poor access properties could have a market value 40 — 60% less than similar properties with good access. *Note: Sale 37T and 48 were each adjusted for the value of timber indicated by the Grantee as indicated on each sale. EPSIII AVAILABLE ACCESS (TIMBERLAND) MATCHED PAIRED ANALYSIS* Project # 020357 Average to Good Sale 19 @ $1,223 and Sale 15a @ $1,377 =11% Sale 19 @ $1,223 and Sale 24 @ $1,421 =14% Sale 19 @ $1,223 and Sale 48 @ $1,523 = 20% Sale 20 @ $1,327 and Sale 15a @ $1,377 = 4% Sale 20 @ $1,327 and Sale 24 @ $1,421 = 7% Sale 20 @ $1,327 and Sale 48 @ $1,523 _ 13% Sale 22 @ $1,311 and Sale 15a @ $1,377 = 5% Sale 22 @ $1,311 and Sale 24 @ $1,421 = 8% Sale 22 @ $1,311 and Sale 48 @ $1,523 = 14% From 4% to 20% with an Average Difference of 11 % Fair to Good Sale 2 @ $988 and Sale 15a @ $1,377 = 28% Sale 2 @ $988 and Sale 24 @ $1,421 = 30% Sale 2 @ $988 and Sale 48 @ $1,523 = 35% Sale 13 @ $936 and Sale 15a @ $1,377 = 32% Sale 13 @ $936 and Sale 24 @ $1,421 = 34% Sale 13 @ $936 and Sale 48 @ $1,523 = 39% From 28% to 39% with an Average Difference of 33% Poor (Assemblage Tracts) to Good Sale 14 @ $591 and Sale 15a @ $1,377 = 57% Sale 14 @ $591 and Sale 24 @ $1,421 = 58% Sale 14 @ $591 and Sale 48 @ $1,523 = 61% Sale 18 @ $577 and Sale 15a @ $1,377 = 58% Sale 18 @ $577 and Sale 24 @ $1,421 = 59% Sale 18 @ $577 and Sale 48 @ $1,523 = 62% Sale 42 @ $758 and Sale 15a @ $1,377 = 45% Sale 42 @ $758 and Sale 24 @ $1,421 = 47% Sale 42 @ $758 and Sale 48 @ $1,523 = 50% Poor (Assemblage Tracts) to Good Continued Sale 32 @ $468 and Sale 15a @ $1,377 = 66% Sale 32 @ $468 and Sale 24 @ $1,421 = 67% Sale 32 @ $468 and Sale 48 @ $1,523 = 69% Sale 33 @ $529 and Sale 15a @ $1,377 = 62% Sale 33 @ $529 and Sale 24 @ $1,421 = 63% -Sale 33 @ $529 and Sale 48 @ $1,523 = 65% From 45% to 69% with an Average Difference of 59% Sales 15a, 24, and 48 represent timberland tracts with Good access. Sales 19, 20, and 22 represent timberland tracts with Average access. Sales 2 and 13 represent timberland tracts with Fair access. Sales 14, 18, 32, 33and 42 represent timberland Assemblage Tracts with Poor access. Based on the above analysis it appears that average access property could have a market value 5 — 15% less than similar properties with good access; fair access properties could have a market value 25 — 35% less than similar properties with good access and assemblage tracts with poor access could have a market value 50 — 60% less than similar properties with good access. *Note: Values utilized for each sale were based on the land only contributory value adjusted for 5% Time (Sale 22 Land Only Value was also adjusted -150 for Motivation). EPSIII COMPARISON FOR COMMERCIAL ASSEMBLAGE JOB: 60579 Sale Sale 06 Sale 05 Sale 04 Date of Sale 2-20-2008 9-28-2005 3-30-2007 Size 75,010±s.f. 87,120ts.f. 110,825fs.f. Sales Price $515,000 $750,000 $1,389,000 Unit Price $6.87/s.f. $8.61/s.f. $12.53/s.f. ADJUSTMENT FACTORS Cond. of Sate Improvement -2.87 Adjusted Sale Price $6.87/s.f. $5.74/s.f. $12.53/s.f. Time +0.65 +1.38 +1.88 Indicated Unit Value $7.52/s.f. $7.12/s.f. $14.41/s.f. CORRELATION OF INDICATED VALUES: The three sales shown above are located in or near the U.S. Hwy. 167 corridor in northern Pulaski County, Arkansas, and may be found in the Sales Brochure for Job 060579. The sales were adjusted on a per unit basis for improvements at the time of sale, and market appreciation (time) at an annual rate of 6%. Sale 04 is considered to have good accessibility. Sale 04 is located at the intersection of Smokey Lane and E. 461i Street, just off Landers Rd. Sales 05 and 06 are considered to have limited accessibility, given the one-way service roads, and their relative position to off -ramps. Paired sales analysis between Sales 05 and 06 with Sale 04, indicated between 48% to 51 % difference for limited access at the northern end of the commercial corridor. Support for the adjustment for fully controlled access is found in the paired sales analysis of Sales 01, 02 and 03. These sales are in connection with the Glenn Ridge Crossing development south of the Colonel Glenn Rd. along Interstate 430 in Little Rock, Arkansas. These sales may also be found in the Sales Brochure for Job 060579. After adjustments for expenditures after purchase (dirt -work) and size, the sales indicated between 19% to 38% discount for lack of access. These comparisons indicate that it is reasonable to conclude that purchases made for assemblage purposes would bring approximately 40 - 50% of market value. ELL COMPARISON FOR COMMERCIAL ASSEMBLAGE Job 020314 SALE Sale 45 Sale 48-B Sale 77 Date of Sale May 8, 2000 September 28, 2005 March 20, 2003 Land Size 35,430fs.f, 38,333fs.f. 20,473fs.f. Improvement Size N/A N/A N/A SALES PRICE $10,000 $38,000 $30,000 ADJUSTMENT FACTORS Conditions of Sale $1.47 $0.32 50.32 ADJUSTED SALES PRICE $0.28/s.L $0.99/81. $1.47/s.f. Time +0.04 +0.05 +0.00 INDICATED VALUE $0.32/s.f. $1.04/s.f. $1.47/s.f. $1.04 $1.47 $0.32 50.32 $0.72 69% 78% AVERAGE 74% CORRELATION OF INDICATED VALUES: The three sales are of similarly located vacant lots on at hwy 167 in Grant County, near the community of Ico, Arkansas and found for the Sales Brochure for Job 020314. Sale 45 was purchased for the specific purpose of assemblage and there is no road/highway frontage. Sales 48-b and 77 were purchased in order to develop. Time was the only adjustment deemed necessary. Time was calculated on a 5% annual rate for Commercial Property. This comparison indicates that purchases made purely for assemblage purposes bring about 74% less than the expected of the market value. Appr: adjustments: assemblage: SAM COMPARISON FOR RESIDENTIAL ASSEMBLAGE Job 020314 SALE 5 30 32 Date of Sale December 30, 1999 November 20, 1997 October 31,2001 Land Size acres 3.85 3.17 1.21 Im rovement Size N/A N/A N/A SALES PRICEI $25,000 $19,000 1 $4,000 ADJUSTMENT FACTORS Conditions of Sale $6 494/ac ADJUSTED SALES PRICE $5,994/ac $3,306/a Tim - N/A N/A N/ INDICATED VALUE $6,494/ac $5,994/ac $3,306/ac $6,494/ac $5,994/ac $3,306/ac $3,306/ac $3,188/ac $2,688/ac 49% 45% Average: 47% CORRELATION OF INDICATED VALUES: The two sales are of similarly located vacant lots on AR. Hwy 167 in Grant County, near the community of lco, Arkansas and found for the Sales Brochure for JOB 020314. Sale 32 is unable to perk by itself, and therefore is suitable only for assemblage purposes. An owner of an adjacent property purchased Sale 32 as an assemblage property. Sale 5 and Sale 30 were purchased in order to develop. No adjustments were deemed necessary. This comparison indicates that purchases made purely for assemblage purposes bring about 47% of the market value expected. Appr: adjustments: assemblage: SAM ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT LITTLE ROCK, ARKANSAS September 14, 2017 ADMINISTRATIVE CIRCULAR NO. 2017-12 TO: ALL DIVISION HEADS AND DISTRICT ENGINEERS We are transmitting herewith for your information and records a copy of the Minutes of the Commission Meeting in Little Rock, AR on September 6, 2017. After making a careful review of these proceedings, please take appropriate action through designated lines of authority to forward the carrying out of any orders applying to your respective divisions and districts. od - Y14'v'� Scott E. Bennett Director of Highways and Transportation c: Commission MINUTES OF THE MEETING OF THE ARKANSAS STATE HIGHWAY COMMISSION September 6, 2017 Following is the record of proceedings of the Arkansas State Highway Commission in Little Rock, Arkansas, September 6, 2017. Members present were: Dick Trammel, Chairman Thomas B. Schueck, Vice Chairman Robert S. Moore, Jr., Member Alec Farmer, Member Philip Taldo, Member 2017-071 IT IS ORDERED that a meeting of the Arkansas State Highway Commission be opened at 9:30 a.m., September 6, 2017. 2017-072 WHEREAS, the Purchasing Committee has awarded purchases on July 19, 2017 and August 7, 2017, in the amount of $587,717.05 and $2,132,994.60, respectively, totaling $3,020,711.65, and supply and service contracts, in accordance with authority previously conveyed, all of which have been documented by official minutes which are of record in the files of the Commission and Equipment and Procurement Division. NOW THEREFORE, IT IS ORDERED that the action of the Purchasing Committee be ratified and confirmed in all particulars. 2017-073 WHEREAS, the Department utilizes automated planning, design, proposal management, letting and bid management, and construction pay estimate management systems to provide technical support in the development of highway projects; and WHEREAS, the American Association of State Highway and Transportation Officials' (AASHTO) AASHTOWare software products provide the needed systems required by the Department. 2017-073 - Continued NOW THEREFORE, the Director is authorized to enter into the annual licensing agreement for the AASHTOWare products. 2017-074 WHEREAS, the Highway System in Arkansas facilitates safe mobility, economic development, and tourism enhancement throughout the State; and WHEREAS, public information and education activities play an important role in providing the citizens of our State with pertinent information relative to the issues facing the Commission and Department; and WHEREAS, the Arkansas Good Roads Foundation serves as an effective group to provide this information and education to transportation stakeholders, elected officials, and the public. NOW THEREFORE, the Director is authorized to make a contribution of $30,000 to the Arkansas Good Roads Foundation for its public information and education activities for State Fiscal Year 2018. 2017-075 WHEREAS, it has been determined that improvements are warranted to enhance safety at the 20 railroad crossings indicated on the attached list; and WHEREAS, Federal -aid Rail -Highway Crossing Safety funds are eligible for these improvements. NOW THEREFORE, the Director is authorized to proceed with improvements at these crossings as funds become available subject to the following conditions: o Maintenance of the signals and surfaces shall be performed by the Railroad Company at no cost to the State. • All required right-of-way shall be furnished at no cost to the State. 2- September 6, 2017 2017-076 WHEREAS, the Arkansas Strategic Highway Safety Plan (2017) identified the full deployment of an improved crash data system (eCrash) as a priority safety strategy; and WHEREAS, the Arkansas State Police (ASP) has been assisting local law enforcement agencies in upgrading their computer systems to allow for the implementation of the eCrash system; and WHEREAS, the eCrash system implementation has been slow due to funding limitations; and WHEREAS, a speedy deployment of the eCrash system will be highly beneficial to the safety of our transportation system; and WHEREAS, Federal -aid safety funds are eligible for these improvements. NOW THEREFORE, the Director is authorized to partner with the ASP to assist local law enforcement agencies in upgrading computer systems for the eCrash system. 2017-077 WHEREAS, the Commission acquired in fee, property from four different owners as noted on sheets two and three of the right of way map for Job No. 4460 Sec 3, Shibley Grade Separation at Alma; and WHEREAS, Crawford County, Arkansas, has requested that a portion of said highway be transferred to it pursuant to Arkansas Code Ann. § 27-65-109, for the transportation purposes; and WHEREAS, the District Engineer for District Four, desires to transfer the responsibility of maintenance to the County, as a portion of the road has been abandoned and closed by the County; and WHEREAS, the Commission's interest in that requested portion of Job No. 4460 Sec 3 that is the subject of the County's request is more specifically described as follows: Part of the East half of the Southeast Quarter and the Southwest Quarter of the Southeast Quarter of Section 10, part of the West half of the Southwest Quarter of Section 11, part of the Northwest Quarter of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter of Section 15 - 3- September 6, 2017 (Continued) 2017-077 - Continued all in Township 9 North, Range 31 West, Crawford County, Arkansas, more particularly described as follows: BEGINNING at a point being used as the Quarter corner of Sections 10 and 15 also being on the Northerly right of way line of 1-40 as established by AHTD Job 4460 Sec. 3; thence North 64°34'57" East along said right of way line a distance of 322.62 feet to a point; thence North 66129'51" East along said right of way line a distance of 900.00 feet to a point; thence North 66°29'51" East along said right of way line a distance of 1,580.44 feet to a point; thence North 34°36'13" East along said right of way line a distance of 158.98 feet to a point; thence North 02°42'34" East along said right of way line a distance of 76.40 feet to a point; thence North 12° 1945" East along said right of way line a distance of 203.46 feet to a point; thence South 87'17'26" East along said right of way line a distance of 5.30 feet to a point; thence South 00°43'29" West along said right of way line a distance of 277.17 feet to a point; thence South 87'17'26" East along said right of way line a distance of 41.10 feet to a point; thence South 0043'29" West along said right of way line a distance of 65.60 feet to a point; thence South 86°23'56" East along said right of way line a distance of 75.56 feet to a point on the Northerly control of access of I-40 as established by AHTD Job 4460 Sec 3; thence South 63°17'51" West along said C of A a distance of 88.36 feet to a point; thence South 62°25'34" West along said C of A a distance of 148.48 feet to a point; thence South 66°06'58" West along said C of A a distance of 129.95 feet to a point; thence South 66°37'03" West along said C of A a distance of 229.41 feet to a point; thence South 66°33'37" West along said C of A a distance of 230.58 feet to a point; thence South 66°44'30" West along said C of A a distance of 282.83 feet to a point; thence South 66°45'54" West along said C of A a distance of 369.15 feet to a point; thence South 65°09'27" West along said C of A a distance of 118.20 feet to a point; thence South 66°25'43" West along said C of A a distance of 255.82 feet to a point; thence South 66°29'25" West along said C of A a distance of 133.47 feet to a point; thence South 65°59'22" West along said C of A a distance of 229.78 feet to a point; thence South 67°37'26" West along said C of A a distance of 111.53 feet to a point; thence South 66°49'19" West along said C of A a distance of 222.93 feet to a point; thence South 66°47'13" West along said C of A a distance of 129.03 feet to a point; thence South 66'19'33" West along said C of A a distance of 92.56 feet to a point; thence South 66°09'33" West along said C of A a distance of 127.37 feet to a point; thence South - 4- September 6, 2017 (Continued) 2017-077 - Continued 66° 12'32" West along said C of A a distance of 107.41 feet to a point; thence South 66°34'40" West along said C of A a distance of 162.42 feet to a point; thence South 66'40'06" West along said C of A a distance of 220.41 feet to a point; thence along a curve to the right, having a radius of 1,188.26 feet a distance of 454.66 feet, having a chord bearing of South 79°18'36" West for a distance of 451.89 feet to a point, thence North 89043'42" West a distance of 398.97 feet to a point; thence North 000 16118$1 East a distance of 65.00 feet to a point on the Northerly right of way line of I-40 as established by AIUD Job 4460 Sec. 3; thence South 89044'56" l+:ast along said right of way line a distance of 417.31 feet to a point; thence North 87°20'13" East along said right of way line a distance of 78.37 feet to a point; thence North 80127'16" East along said right of way line a distance of 191.24 feet to a point; thence North 71°02'03" East along said right of way line a distance of 177.70 feet to a point; thence North 68°36'49" East along said right of way line a distance of 291.96 feet to the POINT OF BEGINNING and containing 6.62 acres or (288224 sq. ft.) more or less as shown on plans prepared by the AHTD referenced as Job 4460 Sec 3. 11/29/16 DJH NOW THEREFORE, upon receipt of a proper resolution from the Crawford County, the Director is authorized to enter into a transfer agreement for the above described property pursuant to Minute Order 2012-008, conditioned upon the County's continued maintenance of the property interest herein transferred for said highway purposes, and provided that in the event the Crawford County fails to use and maintain the property described herein, or abandons same, then the transfer agreement shall, upon 30 days notice, be terminated, and all interest transferred shall revert to the Commission. 2017-078 WHEREAS, the Arkansas State Highway Commission (Commission) acquired property known as Tract No. 25R from Charles Masterson and Ada Masterson, husband and wife, for Job No. 040039, by Warranty Deed dated April 4, 1995, and tiled of record on May 23, 1995, as Document No. 95024933, in the Circuit Clerk's office for Washington County, Arkansas; and WHEREAS, John Looney and Myriah Johnson have requested to purchase Tract No. 25R, which the District Engineer for - 5- September 6, 2017 (Continued) 2017-078 - Continued District 4 has determined is not now, nor in the foreseeable future will be, needed for highway purposes; and WHEREAS, this tract was acquired as surplus by the Commission and is exempt from reacquisition by the former owner under Ark. Code Ann. §27-67-322. John Looney and Myriah Johnson offered to purchase this tract for ONE THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS ($1,650.00), the fair market value by three Commission appraisers. WHEREAS, the Commission acquired Tract No. 25R for ONE HUNDRED AND NO1100 DOLLARS ($100.00), which the tract is more particularly described as follows: Part of Lots 5 and 6, Block 1 of Meadow Vale Subdivision of part of the Southwest Quarter of the Southeast Quarter of Section 20, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Starting at the Southwest Corner of Lot 6, Block 1 of Meadow Vale Subdivision of part of the Southwest Quarter of the Southeast Quarter of Section 20; thence South 87° 08' 33" East along the South line of Lot 6, Block 1 of Meadow Vale Subdivision a distance of 94.05 feet for the point of beginning; thence North 03° 1 P 48" East a distance of 100.23 feet to a point on the North line of Lot 5, Block 1 of Meadow Vale Subdivision; thence South 87° 08' 27" East along the North line of Lot 5, Block 1 of Meadow Vale Subdivision a distance of 35.55 feet to a point on the Westerly proposed right of way line of proposed Razorback Drive; thence South 18° 22' 30" West along said proposed right of way line a distance of 104.02 feet to a point on the South line of Lot 6, Block 1 of Meadow Vale Subdivision; thence North 87° 08' 33" West along the South line of Lot 6, Block 1 of Meadow Vale Subdivision a distance of 8.32 feet to the point of beginning and containing 2,198 square feet more or less. NOW THEREFORE, the above-described property is declared surplus and upon receipt and consideration of the sum of ONE THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS ($1,650.00) from John Looney and Myriah Johnson, the Chairman of the Commission is authorized and directed to execute a Quitclaim Deed - 6- September 6, 2017 (Continued) 2017-078 - Continued conveying the right, title, interest or equity of the above-described ;property to John Looney and Myriah Johnson, husband and wife; and hereby releasing the same from the State Highway System, that the Right of Way Division is directed and authorized to record a copy of this Minute Order and the Quitclaim Deed in the records of Washington County, Arkansas; and, if necessary, the right of way shall be remonumented to reflect the boundaries designated herein. Any Federal -Aid funds from this disposal shall be credited to Federal -Aid Funds or otherwise credited as permitted by Federal Law. 2017-079 WHEREAS, the Department maintains certain drives on the University of Arkansas at Monticello campus as part of the Institutional Drives System; and WHEREAS, the University has revised their traffic plan resulting in the addition of certain drives within the campus. NOW "THEREFORE, IT IS ORDERED that upon official notification by the Deputy Director and Chief Engineer, drives totaling approximately 0.16 miles, as shown on the attached sketch, are hereby added to the Institutional. Drives System as a portion of State Highway 871, Section 1. 2017-080 WHEREAS, IN FAULKNER COUNTY, IN THE CITY OF CONWAY, a project to relocate a portion of Highway 25, Section 0, is nearing completion; and WHEREAS, the City of Conway has passed Resolution No. R-11-50 agreeing to accept ownership of the bypassed portion of Highway 25, Section 0, in accordance with Arkansas Code Annotated § 14-301-102; and WHEREAS, Faulkner County has passed Resolution No. 11- 06, agreeing to accept ownership of the bypassed portion of Highway 25, Section 0, in accordance with Arkansas Code Annotated § 14-301-102. - 7- September 6, 2017 (Continued) 2017-080 - Continued NOW THEREFORE, IT IS ORDERED that upon official notification by the Deputy Director and Chief Engineer, the following changes are hereby made to the State Highway System as shown on the attached sketch. +► The bypassed portion of Highway 25, Section 0 is hereby removed from the State Highway System. • U.S. Highway 64 Spur, Section 8S, will be redesignated as Highway 25, Section 0 - The newly constructed portion of roadway built by Job 080397 is hereby added to the State Highway System as Highway 25, Section 0. 2017-081 WHEREAS, IN FAULK.NER COUNTY, IN THE CITY OF CONWAY, Minute Order 2004-012 adopted the Highway 641H ghway 65 Connection (Conway) Study as a guide for future project development; and WHEREAS, the City of Conway has requested an update of this study. NOW THEREFORE, the Director is authorized to proceed with updating this feasibility study of an improved connection between Highway 64 east and Highway 65 north in Conway. 2017-082 WHEREAS, IN GARLAND COUNTY, the City of Hot Springs, Garland County, and the Department have identified a need to study the Highway 270 interchanges at Highway 270B, Highway 70/70B, Highway 88, and Highway 7, in the City of Hot Springs; and WHEREAS, Garland County and the City of Hot Springs have expressed interest in partnering with the Department to study these interchanges; and WHEREAS, a comprehensive study of all four interchanges, including a portion of Highway 7, is needed to identify feasible and - 8- September 6, 2017 (Continued) 2017-082 - Continued reasonable alternatives that would provide congestion relief and improve safety for motorists and pedestrians. NOW THEREFORE, the Director is authorized to enter into the necessary partnering agreements for completion of the study. FURTHERMORE, upon the completion of the study, warranted improvements will be considered for funding as future Statewide Transportation Improvement Programs are developed. 2017-083 WHEREAS, IN PERRY COUNTY, local officials and community leaders have requested a study to determine the need for and feasibility of raising a portion of Highway 60 west of the Arkansas River; and WHEREAS, flooding of Highway 60 west of the Arkansas River for approximately one-half mile has been an ongoing problem; and WHEREAS, it has been determined that this flooding could be alleviated by improvements that include raising this portion of Highway 60. NOW THEREFORE, the Director is authorized to conduct a study to determine the need for and feasibility of raising a portion of Highway 60 west of the Arkansas River. 2017-084 WHEREAS, 1N CRAIGHEAD COUNTY, the City of Jonesboro has expressed interest in partnering with the Department on various state highway projects within the City as shown on the attached list; and WHEREAS, the City of Jonesboro has agreed to contribute $7.81 million in partnering funds towards these projects included in the 2016-2020 Statewide Transportation Improvement Program (STIP); and WHEREAS, as part of the partnering commitment, Highway 141, Section 0 and a portion of Highway 226, Section 3, as shown 9- September 6, 2017 (Continued) 2017-084 - Continued on the attached sketch, upon completion of Extension) (Jonesboro). will be removed from the State Highway System Job 100657, 1 -555 -Hwy. 49 (Commerce Dr. NOW THEREFORE, the Director is authorized to enter into the necessary agreements with the City of Jonesboro and to proceed with surveys, plans and construction of improvements upon receipt of a resolution from the City and as funds become available. 2017-085 WHEREAS, the Federal Lands Access Program (FLAP) provides funding to improve transportation facilities that provide access to, are adjacent to, or are located within Federal lands; and WHEREAS, the Department applied for and was awarded FLAP funding to improve Highway 8 from Black Springs to Caddo Gap; and WHEREAS, the Department must enter into an agreement with FHWA Eastern Federal Lands Highway Division to establish roles and responsibilities for implementation of the project. NOW THEREFORE, the Director is authorized to enter into any necessary agreements with Eastern Federal Lands Highway Division and to proceed with surveys, plans, and construction of a project to improve this segment of Highway 8. 2017-086 WHEREAS, the City Council of Alma, by Resolution 2017-9, has requested a bridge on Highway 162, within the City Limits of Alma, be named in honor of Bill Blasingame; and WHEREAS, the Arkansas Highway Commission has adopted guidelines for the installation of commemorative signs by Minute Order 2014-023 and the City's request meets these guidelines. NOW THEREFORE, the Director is authorized to permit the installation of signs in each direction at the ends of the bridge on Highway 162, as requested by the City, in accordance with Commission Policy. -10- September 6, 2017 2017-087 WHEREAS, the Highway Commission, by Minute Order 2014-109, adopted a policy to conduct snow and ice removal operations; and WHEREAS, in order to achieve acceptable results on Highway 27, District 8 personnel have identified the need for a satellite salt storage facility in the mountainous area of Van Buren County; and WHEREAS, District personnel have located a tract of land suitable for the location of this facility. NOW THEREFORE, the Director is authorized to proceed with the purchase of the property needed for the construction of a satellite salt storage facility on Highway 27 in northern Van Buren County. 2017-088 WHEREAS, the Arkansas State Highway Commission will accept bids on the following projects at the October 11, 2017 letting; and JOB NO. DISTRICT COUNTY 040750 04 WASHINGTON & CRAWFORD 080423 08 VAN BUREN 090501 09 NEWTON 100822 10 CRAIGHEAD 012288 VAR VARIOUS C72003 04 WASHINGTON BR5007 03 NEVADA BR6507 04 SEBASTIAN BR6812 01 ST. FRANCIS JOB NAME HWY. 59 SLIDE REPAIR (WASHINGTON & CRAWFORD COS.) (S) BEE BRANCH - NORTH (S) HWY. 7 SLIDE REPAIR (NEWTON CO.) (S) HENSON RD. RR SIG. UPGRADE & TRAFFIC SIG. (JONESBORO) (S) LOW-COST SAFETY IMPVTS. (DISTS. 5, 6, 8 & 9) (S) FARMINGTON DOUBLE SPRINGS RD. IMPROVEMENTS(S) WILSON CREEK STR, & APPRS. (S) BRANCH OF VINEYARD CREEK STR. & APPRS. (S) FIRST CREEK STR. & APPRS. (S) ROUTE APHN 59 Y 65 Y 7 Y 91 Y VAR Y WHEREAS, a thorough bid review and analysis is undertaken by the Department to ensure that only those projects are awarded which are judged to be in the best interests of the State; and WHEREAS, the right is retained to reject any or all proposals, to waive technicalities, or to advertise for new proposals, also as judged to be in the best public interests of the State; and - 11 - September 6, 2017 (Continued) 2017-088 - Continued WHEREAS, the Commission desires to expedite work on these important projects; and WHEREAS, in accordance with Amendment 42 of the Arkansas Constitution, Section 6, as well as other laws of this State, the Commission has the authority to delegate certain powers to the Director of Highways and Transportation. NOW THEREFORE, upon the contractors furnishing the necessary performance and payment bonds and submitting all additional information required for the above mentioned projects, the Director is hereby authorized to enter into contracts and supplemental agreements for any projects deemed to be in the best interests of the State. FURTHERMORE, the Director is authorized to reject any or all proposals, to waive technicalities, and/or to advertise for new proposals whenever deemed to be in the best interests of the State. Chairman Dick Trammel opened the meeting by welcoming everyone in attendance. He also recognized and complimented Vice Chairman Tom Schueek for the recent article in Arkansas Business titled "The Influencers: Tom Schueck of Lexicon, Inc." MOTION Commissioner Alec Farmer moved, Commissioner Philip Taldo seconded and the motion passed to approve the Minutes from the previous Commission Meeting of July 26, 2017. MOTION Commissioner Robert Moore moved, Commissioner Alec Farmer seconded and the motion passed to submit three (3) applications to receive INFRA (Infrastructure for Rebuilding America) Grants, Federal Fiscal Years 2017-2018. The following projects are: • 30 Crossing in Pulaski County • Highway 70 - Sevier St. (I-30) in Saline County • Interstate 69 in Drew and Desha Counties -12- September 6, 2017 MOTION The Commission approved Minute Order 2016-074 on July 13, 2016, to authorize the Department to advertise for consultant services for On -Call Consultant Data Collection Services, Commissioner Alec Farmer moved, Vice Chairman Tom Schueck seconded and the motion passed to accept the Staffs recommendation to enter into negotiations with the following two (2) firms: Pavement Performance Data and Imagery Collection Fugro Roadware, Inc. - Austin, Texas Model Invento of Roadway Element MIRE Date Collection Pathway Service, Inc. - Tulsa, Oklahoma MOTION After Director Bennett presented the highlights of the Act 1 Section 19 Report - Draft Rules for the Distribution of Highway Funds and Prioritization of Highway Construction Projects, Commissioner Alec Farmer moved, Vice Chairman Tom Schueck seconded and the motion passed to submit the proposed rules to the Highway Commission Review and Advisory Subcommittee of the Legislative Council by October 1, 2017. These rules are not required to be promulgated, but shall be published after the review by the Subcommittee. OTHER DISCUSSION ITEMS Mike Boyd, Chief Fiscal Officer, provided the July 2017 update on state highway revenue. Mr. Boyd noted that state highway revenues to the Department from traditional sources are up a total of 14.0% ($4.3 million) in the State Fiscal Year (SFY) 2018 compared to the same period for SFY 2017. With the revenue from the Natural Gas Severance Tax coming in higher for this year compared to last year, total revenues available are 16.5% ($5.1 million) higher for this year. Actual state revenue received is 18.4% ($5.6 million) above projected (budgeted) revenue for this year. In closing, Mr. Boyd stated that July revenue from the 0.5% General Sales Tax for the Connecting Arkansas Program was 1.23% lower, ($186,478) than projected by the Department of Finance and Administration (DF&A). Since inception this revenue source is 0,45%, or $3.1 million, under DF&A's projections. - 13 - September 6, 2017 Director Bennett provided the latest information on the Federal highway and transit funding issues. Director Bennett noted that the passage of the FAST Act, passed in December 2015, provided increased funding over its five year term. After three Continuing Resolutions, Congress was able to pass a budget for Federal Fiscal Year 2017. The budget will provide full funding for the FAST Act until September 30, 2017. On May 23, 2017, President Trump released his full budget proposal for Federal Fiscal Year 2018 entitled "The New Foundation for American Greatness". This budget would provide full funding for the FAST Act in Federal Fiscal Year 2018. However, beginning in Federal Fiscal Year 2021, funding would be limited to revenue that is deposited into the Highway Trust Fund. This would result in a 40% reduction in the Federal - aid Highway Program. In closing, Director Bennett stated that not only are there questions regarding future Federal -aid funding, but the source of dependable long-term State revenue to provide the match for Federal -aid funds beyond 2017 and the additional State revenue needed to adequately maintain and improve Arkansas' transportation system have not been identified. Director Bennett gave an update on the status of the 2011 Interstate Rehabilitation Program (IRP) and Connecting Arkansas Program (CAP). The 2011 Interstate Rehabilitation Program was approved by Arkansas voters in November 2011. Under this program, the Commission has the authority to issue up to $575 million in GARVEE bonds for Interstate rehabilitation. Three series of bonds have been issued. The first was sold in September 2012 at a par value of $197 million (true interest cost of 1.6%) with a premium of $33 million (total of $230 million available for construction). The second was sold in October 2013 at a par value of $172 million (true interest cost of 2.2%) with a premium of $29 million (total of $201 million available for construction). The third was sold in November 2014 at a par value of $206 million (true interest cost of 2.1%) with a premium of $37 million (total of $243 million available for construction). The Connecting Arkansas Program was approved by Arkansas voters in November 2012. Under this program, the Commission has the authority to issue up to $1.3 billion in revenue bonds for four -lane highway construction. The first series of bonds was sold in September 2013 at a par value of $469 million (true interest cost of 3.1%) with a - 14 - September 6, 2017 (Continued) Discussion Item - Continued premium of $25 million (total of $494 million available for construction). No other bond sales under this program are expected. Director Bennett presented a summary of the apparent low bids and bidders from the August 30, 2017, Bid Letting. Danny Straessle, Section Head of Public Information, gave a Presentation of the IDrive Arkansas Cameras. On August 29, 2017, the Department added statewide cameras to IDrive Arkansas. Currently over 90 cameras are available for viewing. Video information is obtained from cameras belonging to ArDOT, TDOT, MDOT, the City of North Little Rock and KF SM -Channel s in Fort Smith. Director Bennett presented a summary of the possible 2018 Initiated Act Timeline and where the Department is on the timeline. In addition, Arkansas Legislative Audit completed the audit of the Department's revenue and needs. The report was part of the discussion and will be presented to the Legislative Joint Audit Committee on September 8. Director Bennett presented a list of upcoming meetings and events that the Commissioners and Director will be attending, including the Legislative Joint Audit Committee Meeting on September 8, AR Asphalt Pavement Assoc. Luncheon on September 14, Red River Welcome Center Dedication on September 18, and a Joint House Public Transportation/Senate Transportation, Technology, and Legislative Affairs Committee Meeting on October 26. Director Bennett gave a brief summary of the August 9 accident where a semi -truck collided with the overpass and spilled frozen pizza along 1-30 just outside the main offices. Within a day the story, and the Department's photos and tweets, had gone viral and were being featured in overseas publications. -15 - September 6, 2017 Director Bennett reported that the Broadway Bridge was among twelve finalists announced in the 2017 America's Transportation Awards competition sponsored by the American Association of State Highway and Transportation Officials (AASHTO), AAA and the U.S. Chamber of Commerce. The project is now competing for the Grand Prize, determined by an independent panel of expert judges and the People's Choice Award, selected by the general public. He encouraged everyone to vote. Director Bennett concluded the meeting with recognizing a couple of employees that have received awards recently: • Sergeant James Hamrick, Arkansas Highway Police - CVSA - North American Standard Level V - Passenger Carrier Vehicle Inspection - 3rd Place • Matt Barnett, Videographer - TransComm Skills Award - 1 st Runner Up - Inside IDriveArkansas - Construction Zone Tutorial 2017-089 IT IS ORDERED that a meeting of the Arkansas State Highway Commission be closed at 12:55 p.m., September 6, 2017. 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