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HomeMy WebLinkAbout97-19 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 97-19 File Number: 2019-0226 JOINT LAND PURCHASE, USE AND CONSERVATION CONTRACT - WCRC: A RESOLUTION TO APPROVE A LAND PURCHASE, USE AND CONSERVATION CONTRACT WITH THE WATERSHED CONSERVATION RESOURCE CENTER FOR THE JOINT PURCHASE OF ABOUT 98 ACRES OF LAND NEAR DEAD HORSE MOUNTAIN ROAD FOR THE AMOUNT OF $250,000.00 PLUS CLOSING COSTS, WITH THE CITY'S PORTION OF THE COSTS NOT TO EXCEED $160,000.00 WHEREAS, the Watershed Conservation Resource Center and Fayetteville's Utilities Department recommend the joint purchase of about 98 acres of land (most of which is within the West Fork's flood plain) near Dead Horse Mountain Road for the purpose of conservation, restoration, and enhancement to provide water quality improvements and protection of the Beaver Lake Watershed; and WHEREAS, the purchase of this property will also provide recreational benefits to Fayetteville residents including public access to the West Fork of the White River, a possible future trail along the river, a canoe and kayak access point, and the creation of a bird and butterfly park that supports bird and Monarch butterfly habitat; and WHEREAS, the contract provides for a City contribution in the amount of $150,000.00 with the Watershed Conservation Resource Center contributing $100,000.00 and both parties paying half of the closing costs which could total $10,000.00 to $20,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan Page 1 Printed on 4117119 File Number: 2019-0226 Resolution 97-19 to sign the attached Land Purchase, Use and Conservation Contract with the Watershed Conservation Resource Center for the purchase of approximately 98 acres near Dead Horse Mountain Road, and further authorizes Mayor Jordan to execute all other documents necessary to consummate the purchase of the land at a cost to the City of up to $160,000.00 including closing costs. PASSED and APPROVED on 4/16/2019 Page 2 Attest: 7 Sondra E. Smith, City Clerk Treasurer �EtjjK Ir TR.'PI r FAYETTEVII_LE; = /•� JI t too it 11N���'` Printed on 4/17/19 City of Fayetteville, Arkansas 113 West Mountain Street �,. Fayetteville, AR 72701 (479) 575-8323 Text File 4 -- File Number: 2019-0226 Agenda Date: 4/16/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 1 JOINT LAND PURCHASE, USE AND CONSERVATION CONTRACT - WCRC: A RESOLUTION TO APPROVE A LAND PURCHASE, USE AND CONSERVATION CONTRACT WITH THE WATERSHED CONSERVATION RESOURCE CENTER FOR THE JOINT PURCHASE OF ABOUT 98 ACRES OF LAND NEAR DEAD HORSE MOUNTAIN ROAD FOR THE AMOUNT OF $250,000.00 PLUS CLOSING COSTS, WITH THE CITY'S PORTION OF THE COSTS NOT TO EXCEED $160,000.00 WHEREAS, the Watershed Conservation Resource Center and Fayetteville's Utilities Department recommend the joint purchase of about 98 acres of land (most of which is within the West Fork's flood plain) near Dead Horse Mountain Road for the purpose of conservation, restoration, and enhancement to provide water quality improvements and protection of the Beaver Lake Watershed; and WHEREAS, the purchase of this property will also provide recreational benefits to Fayetteville residents including public access to the West Fork of the White River, a possible future trail along the river, a canoe and kayak access point, and the creation of a bird and butterfly park that supports bird and Monarch butterfly habitat; and WHEREAS, the contract provides for a City contribution in the amount of $150,000.00 with the Watershed Conservation Resource Center contributing $100,000.00 and both parties paying half of the closing costs which could total $10,000.00 to $20,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign the attached Land Purchase, Use and Conservation Contract with the Watershed Conservation Resource Center for the purchase of approximately 98 acres near Dead Horse Mountain Road, and further authorizes Mayor Jordan to execute all other documents necessary to consummate the purchase of the land at a cost to the City of up to $160,000.00 including closing costs. City of Fayetteville, Arkansas Page 1 Printed on 4117/2019 Tim Nyander Submitted By Added at the 4/9/19 Agenda Session City of Fayetteville Staff Review Form 2019-0226 Legistar File ID 4/16/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/4/2019 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends the approval of a Land Purchase, Use and Conservation Contract between the Watershed Conservation Resource Center and the City of Fayetteville for a land purchase near Dead Horse Mountain Road with an estimated amount of $160,000 to be paid by the City of Fayetteville. Budget Impact: 5400.730.5800-5818.00 Water and Sewer Account Number Fund 13018.1 Wastewater Treatment/Water Quality Improvements Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Purchase Order Number: Change Order Number: Original Contract Number: Comments: Remaining Budget Project Title $ 715,099.00 $ 90,113.85 $624,985.151 $ 160,000.00 $ 464,985.15 Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF _ FAYETTEVILLE ARKANSAS MEETING OF APRIL 16, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Kit Williams, City Attorney Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: April 4, 2019 CITY COUNCIL MEMO SUBJECT: Land Purchase, Use and Conservation Contract with the Watershed Conservation Resource Center RECOMMENDATION: Staff recommends the approval of a Land Purchase, Use and Conservation Contract between the Watershed Conservation Resource Center and the City of Fayetteville for a land purchase near Dead Horse Mountain Road with an estimated amount of $160,000 to be paid by the City of Fayetteville. BACKGROUND: The Watershed Conservation Resource Center and the City of Fayetteville are mutually interested in conservation of the property on Dead Horse Mountain Road (see Exhibit A). The property will be restored and enhanced to provide water quality improvements and protection of the Beaver Lake watershed. DISCUSSION: This contract will allow for the purchase of approximately 98 acres of land abutting Dead Horse Mountain Road, which will secure the conservation site and enable the restoration of the streambanks that lead to the Beaver Lake watershed. This will improve the water quality in the watershed, as well as adding recreational benefit to the citizens of Fayetteville. Public access to the West Fork of the White River would be provided, which would eventually include a proposed trail along the river, a canoe/kayak access point, and the creation of a Bird and Butterfly Park that supports bird and Monarch Butterfly habitat. The City of Fayetteville's portion of the proposed land purchase would be in the amount of $150,000.00, plus half of the closing costs. Closing costs will include the cost of environmental site assessments, survey, and title policy premiums. The City of Fayetteville's portion of the closing costs are estimated at $10,000.00, for a total of $160,000.00. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Funds are available in project No. 13018 Wastewater Treatment Water Quality Improvements. Attachments: Land Purchase, Use and Conservation Contract Exhibit A — Map and Legal Description LAND PURCHASE, USE AND CONSERVATION CONTRACT BETWEEN THE WATERSHED CONSERVATION RESOURCE CENTER AND CITY OF FAYETTEVILLE This Contract is entered between the Watershed Conservation Resource Center and the City of Fayetteville. Watershed Conservation Resource Center and the City of Fayetteville agree to purchase a parcel of about 98 acres of land abutting Dead Horse Mountain Road (hereinafter referred to as the "Property") within the City of Fayetteville and in Washington County, Arkansas. A map of the Property along with the legal description can be found in Exhibit A attached hereto. (A) PURPOSE The purpose of this Contract is to establish a general framework for cooperation between Watershed Conservation Resource Center and the City of Fayetteville as co-owners of the Property. Both Watershed Conservation Resource Center and the City of Fayetteville share interest in the Property, which is mostly located within the 100 -year floodplain of the West Fork of the White River downstream of Combs Park. Watershed Conservation Resource Center, a 501 (c) (3) nonprofit organization, strives to protect, conserve, and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and government. Watershed Conservation Resource Center and the City of Fayetteville agree that each are mutually interested in conservation of the property, so the floodplain is not filled and developed and that both will work towards restoring the natural resources on the Property. Watershed Conservation Resource Center and the City of Fayetteville agree that the Property offers the following benefits: (1) Water quality improvements and the protection of the Beaver Lake watershed: (a) Floodplains are natural filters of sediment, nutrients, and other pollutants. The Property currently provides quality green infrastructure by filtering contaminants from flood waters. Development of the Property would threaten this benefit. (b) The existing pond helps to capture and treat storm -water runoff. (c) The expansive floodplain of this section of the West Fork of the White River relieves stress on the river banks. Significant development of the site would damage this benefit and could result in increased stress on the river and its streambanks resulting in an increase of streambank erosion. Conservation of the Property will help prevent an increase of pollutant loadings to the Beaver Lake and its watershed. (d) The Property is a high priority for conservation in the North West Arkansas Open Space Plan. (e) Securing the site enables Watershed Conservation Resource Center to seek funding to restore the West Fork of the White River streambanks and improve the pollutant removal ability of the pond. (f) The Property will support needed resources for Watershed Conservation Resource Center's other restoration projects and environmental education programs. (2) Public access to West Fork of the White River and birding/butterfly sites: (a) The site can provide public access from a city street to the West Fork of the White River and floodplain, an under-utilized natural resource within the City of Fayetteville limits. (b) The Property supports a proposed water trail along the West Fork of the White River. (c) The Property can provide a canoe/kayak access point on the West Fork of the White River. (d) The Property can provide an excellent bird sanctuary site for a `Bird and Butterfly Park' that supports bird and Monarch Butterfly habitat. (B) AGREEMENT TO PURCHASE Watershed Conservation Resource Center has entered into that certain Real Estate Purchase Agreement dated effective October 8, 2018 with SA Holdings, lnc.(the "Owner") for the purchase of the Property (as amended, the "Purchase Agreement"). Watershed Conservation Resource Center and the City of Fayetteville agree to jointly close on the purchase of, and take fee title to, the Property as tenants in common. In connection therewith, and in consideration of the mutual promises, commitments and cash contributions set forth herein, the parties agree as follows: (1) Watershed Conservation Resource Center will: (a) Continue to work with the Owner to complete the purchase of the Property for $250,000. (b) Provide and pay $100,000 towards the purchase price. (c) Provide and pay one half of the closing costs (including, without limitation, the cost of environmental site assessments, survey and title policy premiums). (d) Execute and deliver any and all documents reasonably necessary to complete the purchase of the Property. (2) The City of Fayetteville will: (a) Provide and pay $150,000 towards the purchase price. (b) Provide and pay one half of the closing costs (including, without limitation, the cost of environmental site assessments, survey and title policy premiums). (c) Execute and deliver any and all documents reasonably necessary to complete the purchase of the Property. (C) OPERATIONAL AGREEMENT Watershed Conservation Resource Center and the City of Fayetteville further mutually agree to work together cooperatively as co-owners or tenants-in-common to, among other things, restore and enhance natural condition of the Property as a priority. In connection therewith, the parties will use reasonable efforts to accomplish the following: (1) Watershed Conservation Resource Center agrees to: (a) Seek funding for and to the extent funding is secured and available, implement: • Restoration of natural resources on the Property; which (if feasible) may be 2 accomplished through the establishment of a wetlands and/or stream mitigation bank; Establishment of native plant sources for restoration projects in northwest Arkansas; and • Development of infrastructure to support public birding and boat access. (b) in connection with the establishment of a mitigation bank, negotiate and execute a conservation easement covering most of the Property as may be necessary or desirable in order to restore, conserve, and protect the natural resources located on the Property. (c) Establish facilities on the Property as Watershed Conservation Resource Center reasonably determines will support its mission and environmental activities, such facilities to include, but not be limited to, offices, storage, greenhouse, areas to grow native plants and generate native plant sod, and other needs for restoration projects. (d) Work with partners to provide workshops to the public on stream and riparian restoration and residential storm -water management. (e) Consider providing native plants to the community through a bi-annual one -day sale. (f) Allow Fayetteville citizens to access the birding area and the West Fork of the White River at designated public and boat access locations on public trails which the City of Fayetteville shall be allowed to build across the Property. (g) To the extent that the City of Fayetteville also provides funding or other financial support for the creation of a wetlands and stream mitigation bank, Watershed Conservation Resource Center agrees to set aside discounted mitigation credits established by such bank for the benefit of the City of Fayetteville in an amount to be determined by the parties in more detail at that time by separate agreement. (2) The City of Fayetteville will: (a) Work cooperatively with Watershed Conservation Resource Center to place the majority of the Property in a conservation easement. In connection therewith, the City will review and not unreasonably withhold its approval of the conservation easement, and shall execute and deliver such approved conservation easement for recording in the appropriate real property records. (b) Support and financially assist with the development of trail access infrastructure and parking for public birding and boat access on the West Fork of the White River. (c) Allow Watershed Conservation Resource Center to exercise the exclusive right to utilize the Property and engage in such activities as needed to restore and maintain natural resources of the Property (including, without limitation, establishing a mitigation bank as a funding mechanism that supports Watershed Conservation Resource Center's mission and restoration activities) for the benefit of the parties hereto and the general public. (D) IT IS FURTHER MUTUALLY AGREED BY WATERSHED CONSERVATION RESOURCE CENTER AND CITY OF FAYETTEVILLE: 1, FREEDOM OF INFORMATION ACT (FOIA). Any information furnished to Watershed Conservation Resource Center under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552) and A.C.A. § 25-19-101. 2. MODIFICATION. Modifications of this Contract that would increase the scope or price of this Contract must be approved by the City Council prior any such increase, becoming effective. 3. COMMENCEMENT/DATE. This Contract is effective as of the date of the last signature required. 4. INIPROV.EMENTS. All improvements placed on the Property, whether by or on behalf of Watershed Conservation Resource Center or the City of Fayetteville must be consistent with, and not have a substantial adverse impact on, the natural condition of the Property as restored and enhanced. The parties further acknowledge and agree that the design and location of all such improvements (including, without limitation, offices, storage, greenhouses, planting areas, access points, trails, and parking facilities) must not preclude or otherwise unduly interfere with the establishment of a mitigation bank on the Property. Such improvements will be subject to approval by the applicable federal governmental authorities with jurisdiction over any such mitigation bank. 5. RE;STRICI'IVECOVENANTS. Upon request by either party to the other, the parties will cooperate to prepare, execute, and record in the Washington County Circuit Clerk's records an instrument that further evidences the provisions pertaining to restrictions and use of the Property if required by state or federal authorities. CONTACT. Information: Sandi J. Formica, Executive Director Watershed Conservation Resource Center 380 West Rock Street Fayetteville, Arkansas 72701 Phone: (501) 352-5252 Fax: (928) 396-2546 E-mail: fol-mica@watershedconservation.org 4 Mayor's Office City Hall 113 West Mountain Fayetteville, AR 72701 Phone: (479) 575-8330 WHEREFORE, IN AGREEMENT WITH ALL TERMS AND CONDITIONS WITHIN THIS CONTRACT, the persons below attest that they have proper legal authority to sign for the corporations. WATERSHED CONSERVATION RESOURCE CENTER By: Jq'�- I. �V—� SANDI J. FOkMICA Executive Director of the Watershed Conservation Resource Center CITY OF FAYETTEVILLE, ARKANSAS f,r;1 3, 201 `� Attest Date By: 22658916v.3 SONDRA SMITH, City Clerk Date "/17 Exhibit A - Dead Horse Mountain Property MapNI 3 r y �'�" � c . �'.: +��.�?'. `i¢S. sf� s 1, � y ::� w, J•w�• . �� I •�"�:t��i' �~.�� ' • Q j }at•�1 r•�j. f.!! 'lff�w. j l ; ' F10! •7a, �, _ _ _i3;' ��� cif' s`••-. _ }• ... •�• —1 1. ��►;+':ja'i 0 +� PPPP l • _r y. Parcel ID - 765-24107-000 t . �t 74.04 Acres r ILA I • ;4 � i • gyp'► .o Parcel ID -765-15268 -100 r p 24.70 Acres Q:� 47.4 ac +/� ip ' [5.5ac 100-year Floodplain a. { ♦0 Floodway ;p. • .,o � Dead Horse tatn Parcels -•r Property Boundaries Exhibit A — Page 1 of 2 Exhibit A - Legal Description PARCEL ID - 765-24107-000 Annexed to Fayetteville Ord. #4589 W 150 FT LOT 30, PT LOT 31, ALL LOTS 32 & 33,PT LOT 34 N/2 24-16-30 74.04 A. FURTHER DESCRIBED FROM 2017-13332 AS: Part of the North Half of Section 24, Township 16 North, Range 30 West. Fifth Principal Meridian, also being Lots 31, 32. 33 and a part of Lot 34 and the West 150 feet of Lot 30 of W. E. Anderson Farm, in Washington County, Arkansas, being more particularly described as follows: Beginning at the Northeast corner of the Northwest Quarter of said Section 24 and running West 267.56 feet; thence South 80.00 feet; thence North 79 degrees 30 minutes 31 seconds West 137.50 feet; thence North 65 degrees 13 minutes 29 seconds West 71.59 feet; thence North 45 degrees 00 minutes 00 seconds West 35.36 feet; thence West 1491.80 feel; thence South 01 degrees 00 minutes 00 seconds West 245.50 feet; thence South 41 degrees 00 minutes 49 seconds West 142.79 feet; thence South 56 degrees 30 minutes 00 seconds East 6,0.00 feet; thence South 33 degrees 30 minutes 00 seconds West 116.58 feet to the center of Stone Bridge Road and following the centerline of said road the following bearings and distances South 58 degrees 41 minutes 56 seconds East 29.45 feet; thence South 50 degrees 1 0 minutes 12 seconds East 371.84 feet; thence South 46 degrees 03 minutes 04 seconds East 49.72 feet; thence South 40 degrees 08 minutes 49 seconds East 46.25 feet; thence South 37 degrees 36 minutes 38 seconds East 268.26 feet; thence South 28 degrees 31 minutes 44 seconds East 47.95 feet; thence South 21 degrees 18 minutes 51 seconds East 47.97 feet; thence South 07 degrees 24 minutes 17 seconds East 237.20 feet; thence South 09 degrees 01 minutes 2.7 seconds East 64.26 feet to the canter of the White River leaving the centerline of said road and following the centerline of said river the following bearings and distances, South 80 degrees 43 minutes 29 seconds East 226.17 feet; thence South 42 degrees 40 minutes 54 seconds East 196.50 feet; thence South 45 degrees 08 minutes 26 seconds East 150.16 feet; thence South 80 degrees 16 minutes 01 seconds East 317.16 feet; thence North 67 degrees 41 minutes 31 seconds East 169.45 feet; thence North 89 degrees 30 minutes 36 seconds East 233.02 feet; thence South 66 degrees 33 minutes 34 seconds East 134.20 feet; thence South 18 degrees 38 minutes 27 seconds East 366.84 feet; thence South 66 degrees 17 minutes 51 seconds East 240.26 feet, thence North 2176.58 feet; thence West 150 feet to the point of beginning and containing 74.04 acres, more or less. PARCEL ID - 765-15268-100 PT S/2 NW 24.70A FURTHER DESCRIBED FROM 2017-13332 AS: Part of the Section 24, Town ship 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point Which is North 02 degrees 19 minutes 47 seconds East 1847.14 feet and North 87 degrees 15 minutes 15 seconds West 1131.73 feet from the Southeast corner of the Southwest Quarter of said Section 24, said point being in the centerline of Dead Horse Mountain Road and Goff Farm Road and running thence along Dead Horse Mountain Road centerline, North 05 degrees 40 minutes 03 seconds West 1645.44 feet, Nor1 h 06 degrees minutes 26 seconds West 197.37 feet, North 06 degrees 04 minutes 28 seconds West 231.00 feel, thence leaving said; road centerline to and along the centerline of the West fork of the White River South 80 degrees 20 minutes 03 seconds East 132.33 feet, South 61 degrees 16 minutes 13 seconds East 139.04 feet, South 20 degrees 41 minutes 43 seconds East 83.73 feet, South 42 degrees 19 minutes 24 seconds East 81 °44 feet, South 53 degrees 17 minutes 54 seconds East 86.94 feet, South 54 degrees 03 minutes 46 seconds East 92.50 feet, South 77 degrees 04 minutes 16 seconds East 138.76 feet, South 88 degrees 21 minutes 34 seconds East 244.29 feet, North 73 degrees 07 minutes 48 seconds East 77.75 feet, North 81 degrees 12 minutes 29 seconds East 81.88 feet, North 83 degrees 54 minutes 31 seconds East 101.88 feet, South 81 degrees 19 minutes 04 seconds East 44.75feet, South 64 degrees 52 minutes 53 seconds East 82.33 feet, South 41 degrees 55 minutes 44 seconds East 107.58 feet, South .23 degrees 09 minutes 59 seconds East 129.61 feet, South 30 degrees 33 minutes 04 seconds East 78.43 feet, South 05 degrees 52 minutes 39 seconds East 61.03 feet, thence leaving said river centerline South 53 degrees 03 minutes 46 seconds West 354.30 feet, thence North 69 degrees 53 minutes 57 seconds West 505.42 feet, thence South 15 degrees 21 minutes 36 seconds West 1373.22 feet to the centerline of Goff Farm Road, thence along said road centerline South 85 degrees 41 minutes 30 seconds West 73.69 feet to the point of beginning, containing 24.68 acres, more or less Exhibit A - Page 2 of 2 SA HOLDINGS, INC City of Fayetteville Staff Review Form 2019-0341 Legistar File ID N/A City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Tim Nyander 5/29/2019 WASTEWATER TREATMENT(730) Submitted By Submitted Date Division/Department Action Recommendation: Staff recommends the approval of the Second Amendment to Real Estate Purchase Agreement to add the City of Fayetteville to the land purchase agreement with the owner,SA Holdings, Inc.,for the purchase of land on Dead Horse Mountain Road,and to extend the closing deadline to June 20, 2019. Budget Impact: g p N/A N/A Account Number Fund N/A N/A Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ - Does item have a cost? NA Item Cost $ - Budget Adjustment Attached? NA Budget Adjustment $ - Remaining Budget $ - V20180321 Purchase Order Number: Previous Ordinance or Resolution# 97-19 Change Order Number: Approval Date: 5/30/19 Original Contract Number: Comments: CITY OF FAYETTEVILLE STAFF MEMO W ARKANSAS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff • FROM: Tim Nyander, Utilities Director DATE: May 29, 2019 SUBJECT: Second Amendment to Real Estate Purchase Agreement for the Joint Purchase of Land on Dead Horse Mountain Road RECOMMENDATION: Staff recommends the approval of the Second Amendment to Real Estate Purchase Agreement to add the City of Fayetteville to the land purchase agreement with the owner, SA Holdings, Inc., for the purchase of land on Dead Horse Mountain Road, and to extend the closing deadline to June 20, 2019. • BACKGROUND: The City Council passed Resolution 97-19 on April 16, 2019 that approved a Land Purchase, Use and Conservation Contract with the Watershed Conservation Resource Center. This contract was for the joint purchase of about 98 acres of land near Dead Horse Mountain Road for the purpose of conservation, restoration, and enhancement to provide water quality • improvements and protection of the Beaver Lake Watershed and to provide recreational benefits to the citizens of Fayetteville. DISCUSSION: The attached Second Amendment to Real Estate Purchase Agreement will add the City of Fayetteville to the land purchase agreement with the owner, SA Holdings, Inc. This second amendment will also extend the closing deadline to June 20, 2019. Staff recommends the approval of and signature on the attached Second Amendment to Real Estate Purchase Agreement. BUDGET/STAFF IMPACT: None. Attachments: Second Amendment to Real Estate Purchase Agreement Email from the Watershed Conservation Resource Center Resolution 97-19 Mailing Address: 113 W.Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 • SECOND AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT THIS SECOND AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT(this "Amendment") is made as of May2019, by and between SA Holdings, Inc., a Kansas corporation ("Seller"), and Watershed Conservation Resource Center, an Arkansas non-profit • organization("Buyer"). WHEREAS, Seller and Buyer entered into that certain Real Estate Purchase Agreement dated effective as of October 8, 2018 (the "Purchase Agreement"), as amended by that certain First Amendment to Real Estate Purchase Agreement dated January 4, 2019 (the "First Amendment";the Purchase Agreement as amended,the"Agreement"),relating to that certain real property located in Washington County,Arkansas,as more particularly described on Exhibit"A" attached to the Purchase Agreement;and WHEREAS, Seller and Buyer now desire to further amend the Agreement as more particularly set forth below. Unless otherwise expressly provided in this Amendment;capitalized terms used but not defined in this Amendment shall have the same meanings given to such terms in the Agreement; NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree as follows: 1. Joint Buyers. Notwithstanding anything to the contrary in the Agreement,the term "Buyer"as used in the Agreement shall mean Watershed Conservation Resource Center and the City of Fayetteville,collectively. At Closing,Seller shall convey title to Watershed Conservation Resource Center and the City of Fayetteville to be held as tenants in common. 2. Closing Date. The first sentence of Section 1.05 of the Agreement is hereby deleted in its entirety and replaced with the following: "The Closing shall take place on or before June 20,2019 at the office of the Title Company." 3. Miscellaneous. As modified by this Amendment,the Agreement is hereby ratified and affirmed in its entirety and shall remain in full force and effect. In the event of any conflict between the terms and provisions of this Amendment and the terms and provisions of the Agreement,the terms and provisions of this Amendment shall control. This Amendment may be executed in counterparts,each of which shall be deemed an original and all of which taken together shall be deemed one and the same document. The parties may deliver their signatures electronically or by facsimile transmission,which shall be effective execution and delivery of this Amendment. [Signature Page Follows] 23109010v.2 IN WITNESS WHEREOF,the parties have executed this Amendment to be effective as of the date first above written, SELLER: SA Holdings,Inc., a Kansas corporationti • By: t " Name: Craig ayo Title: EVP/Chief Credit Officer BUYER Watershed Conservation Resource Center, an Arkansas non-profit organization By: J Name: Sandi L Formica Title: Executive Director City of Faye M ► • :•s '! B : .40�rrl- oneld Jor an Title: Mayor 23109010x.2 • From: Sandi Formic To: Marr.Don Cc: Pennington.Blake;Williams.Kit;Matthew Van Eps;Nvander.Tim Subject: RE:SA Holdings to Watershed Conservation Resource Center/Waco File No. 1905377-106 Date: Friday,May 24,2019 10:02:24 AM Attachments: jmaae001.ioq Second Amendment to Real Estate Purchase Aareement-Second Amendment to....odf Hi Don, Yes, I'm working towards the closing on the property. Here are items that need to be addressed: 1) The title company wants the City of Fayetteville on the purchase agreement contract. I've attached an amendment to the purchasing agreement. The City will need to sign it and get it back to me, so we can provide it to the bank. Also,we have extended the closing date to June 20th with this amendment. Please let me know if the attach amendment is OK or if we need to make changes. 2) SA Holding need to provide a release associated with the$1.6 million settlement. We will not be able to move forward on the purchase of the property without that release. I have spoken to the bank directly and they are suppose to provide it. 3) We are working on using the purchase of the property as leverage to acquire WWF funding to develop the Mitigation Bank. This proposal has to be approved prior to the purchase of the property. I would like to meet with Tim and you to further discuss. We have received an invitation to appy and will do so next week once we have the City on board with the proposal. Please let me know when is a good time to meet. Thanks, Sandi From: Marr, Don [mailto:dmarr@fayetteville-ar.gov] Sent:Wednesday, May 22, 2019 8:14 AM To:Sandi Formica <formica@watershedconservation.org> Cc: Pennington, Blake<bpennington@fayetteville-ar.gov> Subject: FW:SA Holdings to Watershed Conservation Resource Center/Waco File No. 1905377-106 Sandy—Are you all getting this stuff below done? Can you update us please so we know this is getting resolved for the Title Company. Thanks, Don From: Mayor Sent:Wednesday, May 22, 2019 7:43 AM To: Pennington, Blake<bpenningtonPfavetteville-ar.gov> Cc: CityClerk<cityclerkPfayetteville-ar.gov>; Marr, Don <dmarrPfayetteville-ar.gov> Subject: FW:SA Holdings to Watershed Conservation Resource Center/Waco File No. 1905377-106 • fyi From: Hannah Rucker<hruckerl@WacoTit!e.com> Sent:Tuesday, May 21, 2019 4:52 PM To: 'formica@watershedconservation.org'<formicaPwatershedconservation.org>; 'jwebberman@jw.com'<jwebbermanPjw.com>; Mayor<MayorPfayetteville-ar.gov> Cc:Shelley Jackson <sjackson2PWacoTitle.com.> Subject:SA Holdings to Watershed Conservation Resource Center/Waco File No. 1905377-106 Good Afternoon! This is set to close next Wednesday, May 29th, and I wanted to follow up on a few items we need. - Resolution of Board of Directors of Watershed Conservation Resource Center setting forth the authority of the center to enter into the transaction and giving the names and capacities of those persons authorized to sign - Resolution of Board of Directors of the City of Fayetteville setting forth the authority of the center to enter into the transaction and giving the names and capacities of those persons authorized to sign - Copy of the Ordinance approving the purchase - Addendum to the Real Estate Contract adding the City of Fayetteville as a Buyer - Will there be a Survey obtained by the Buyers? Thank you. Hannah Rucker,J.D. Commercial Closing Agent I WACO Title 1164 East Joyce Blvd., Fayetteville, AR 72703 Direct: (479) 725-7110 I Fax: (479) 770-6873 id:image001.jpg@01D468B4.4EC340BO a NOTICE: WACO Title does not provide legal or tax advice; however, the information contained within this message and any attachments may be privileged and/or confidential. If you are not the intended recipient, please discard the message immediately and notify the sender. Cyber Crime is real. Protect yourself! Before wiring any funds or sending account information via email, call the intended recipient at a phone number you know is valid to confirm the instructions. In addition, be wary of changes to wiring instructions via email. All emails containing account numbers or statements that include disbursements for your real estate transaction will be sent securely by WACO Title. © Chicago Title Insurance Company POLICY NO.: 72306-46815370 FILE NO.: 1905377-106 OWNER'S POLICY OF TITLE INSURANCE Issued by Chicago Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B,AND THE CONDITIONS, CHICAGO TITLE INSURANCE COMPANY,a Florida corporation(the "Company')insures,as of Date of Policy and,to the extent stated in Covered Risks 9 and 10,after Date of Policy,against loss or damage,not exceeding the Amount of Insurance,sustained or incurred by the Insured by reason of 1. Title being vested other than as stated in Schedule A. 1. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (1) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified,expired,or otherwise invalid power of attorney; (vi) a document not properly filed,recorded,or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment"includes encroachments of existing improvements located on the Land onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance,permit, or governmental regulation(including those relating to building and zoning)restricting,regulating, prohibiting,or relating to (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected on the Land; (c) the subdivision of land;or (d) environmental protection if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk S if a notice of the enforcement action,describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy.of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws;or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records (i) to be timely,or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys'fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Waco Title Company 2592 S.48th St. CHICAGO TITLE INSURANCE COMPANY Springdale,AR 72762 479-770-6700NX41 •., /rh 1 itrzt ,+� . 11 ATTES .,.,,dent • Z tomato 72306(6/06) ALTA Owner's Policy(6/17/06) Countersigned BYWAtiejt) 1a4itia'z,, Hannah Rucker,Authorized Signature Signing Agent No.: 19036062 Title Agency No.: 100113373 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or expenses that arise by reason of: 1. (a) Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (i) the occupancy,use,or enjoyment of the Land; (ii) the character,dimensions or location of any improvement erected on the Land; (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer;or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS (e) "Insured Claimant":An Insured claiming loss or damage. 1. DEFINITION OF TERMS (f) "Knowledge"or"Known":Actual knowledge,not constructive knowledge The following terms when used in this policy mean: or notice that may be imputed to an Insured by reason of the Public Records or any (a) "Amount of Insurance": The amount stated in Schedule A, as may be other records that impart constructive notice of matters affecting the Title. increased or decreased by endorsement to this policy,increased by Section 8(b),or (g) "Land":The land described in Schedule A,and affixed improvements that decreased by Sections 10 and 11 of these Conditions. by law constitute real property. The term "Land" does not include any property (b) "Date of Policy":The date designated as'Date of Policy"in Schedule A. beyond the lines of the area described in Schedule A,nor any right,title,interest, (c) "Entity": A corporation, partnership, trust, limited liability company, or estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or other similar legal entity. waterways,but this does not modify or limit the extent that a right of access to and (d) "Insured":The Insured named in Schedule A. from the Land is insured by this policy. (i) The term"Insured"also includes (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security (A)successors to the Title of the Insured by operation of law as instrument,including one evidenced by electronic means authorized by law. distinguished from purchase, including heirs, devisees, survivors, personal (i) "Public Records": Records established under state statutes at Date of representatives,or next of kin; Policy for the purpose of imparting constructive notice of matters relating to real (B)successors to an Insured by dissolution, merger, consolidation, property to purchasers for value and without Knowledge.With respect to Covered distribution,or reorganization; Risk 5(d),"Public Records"shall also include environmental protection liens filed (C)successors to an Insured by its conversion to another kind of in the records of the clerk of the United States District Court for the district where Entity; the Land is located. (D)a grantee of an Insured under a deed delivered without payment of (j) "Title":The estate or interest described in Schedule A. actual valuable consideration conveying the Title (k) "Unmarketable Title": Title affected by an alleged or apparent matter that (1) if the stock,shares,memberships,or other equity interests of would permit a prospective purchaser or lessee of the Title or lender on the Title to the grantee are wholly-owned by the named Insured, be released from the obligation to purchase,lease,or lend if there is a contractual (2) if the grantee wholly owns the named Insured, condition requiring the delivery of marketable title. (3) if the grantee is wholly-owned by an affiliated Entity of the 2. CONTINUATION OF INSURANCE named Insured, provided the affiliated Entity and the named Insured are both The coverage of this policy shall continue in force as of Date of Policy in favor wholly-owned by the same person or Entity,or of an Insured, but only so long as the Insured retains an estate or interest in the (4) if the grantee is a trustee or beneficiary of a trust created by a Land,or holds an obligation secured by a purchase money Mortgage given by a written instrument established by the Insured named in Schedule A for estate purchaser from the Insured,or only so long as the Insured shall have liability by planning purposes. reason of warranties in any transfer or conveyance of the Title.This policy shall not (ii) With regard to(A),(B),(C),and(D)reserving,however,all rights and continue in force in favor of any purchaser from the Insured of either(i)an estate or defenses as to any successor that the Company would have had against any interest in the Land,or(ii)an obligation secured by a purchase money Mortgage predecessor Insured. given to the Insured. 72306(6/06) ALTA Owner's Policy(6/17/06) 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT In case of a claim under this policy, the Company shall have the following The Insured shall notify the Company promptly in writing(i) in case of any additional options: litigation as set forth in Section 5(a)of these Conditions,(ii)in case Knowledge (a) To Pay or Tender Payment of the Amount of Insurance. shall come to an Insured hereunder of any claim of title or interest that is adverse to To pay or tender payment of the Amount of Insurance under this policy the Title,as insured,and that might cause loss or damage for which the Company together with any costs, attorneys' fees, and expenses incurred by the Insured may be liable by virtue of this policy,or(iii)if the Title,as insured,is rejected as Claimant that were authorized by the Company up to the time of payment or tender Unmarketable Title. If the Company is prejudiced by the failure of the Insured of payment and that the Company is obligated to pay. Claimant to provide prompt notice,the Company's liability to the Insured Claimant Upon the exercise by the Company of this option,all liability and obligations under the policy shall be reduced to the extent of the prejudice. of the Company to the Insured under this policy,other than to make the payment 4. PROOF OF LOSS required in this subsection,shall terminate,including any liability or obligation to In the event the Company is unable to determine the amount of loss or damage, defend,prosecute,or continue any litigation. the Company may,at its option,require as a condition of payment that the Insured (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With Claimant furnish a signed proof of loss.The proof of loss must describe the defect, the Insured Claimant. lien,encumbrance,or other matter insured against by this policy that constitutes the (i) To pay or otherwise settle with other parties for or in the name of an basis of loss or damage and shall state, to the extent possible, the basis of Insured Claimant any claim insured against under this policy. In addition, the calculating the amount of the loss or damage. Company will pay any costs,attorneys'fees,and expenses incurred by the Insured 5. DEFENSE AND PROSECUTION OF ACTIONS Claimant that were authorized by the Company up to the time of payment and that (a) Upon written request by the Insured,and subject to the options contained the Company is obligated to pay;or in Section 7 of these Conditions, the Company, at its own cost and without (ii) To pay or otherwise settle with the Insured Claimant the loss or unreasonable delay, shall provide for the defense of an Insured in litigation in damage provided for under this policy,together with any costs,attorneys'fees,and which any third party asserts a claim covered by this policy adverse to the Insured. expenses incurred by the Insured Claimant that were authorized by the Company up This obligation is limited to only those stated causes of action alleging matters to the time of payment and that the Company is obligated to pay. insured against by this policy.The Company shall have the right to select counsel Upon the exercise by the Company of either of the options provided for in of its choice(subject to the right of the Insured to object for reasonable cause)to subsections(b)(i)or(ii),the Company's obligations to the Insured under this policy represent the Insured as to those stated causes of action. It shall not be liable for for the claimed loss or damage,other than the payments required to be made,shall and will not pay the fees of any other counsel.The Company will not pay any fees, terminate,including any liability or obligation to defend,prosecute,or continue any costs,or expenses incurred by the Insured in the defense of those causes of action litigation. that allege matters not insured against by this policy. (b) The Company shall have the right,in addition to the options contained in Section 7 of these Conditions,at its own cost,to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or 8. DETERMINATION AND EXTENT OF LIABILITY desirable to establish the Title,as insured,or to prevent or reduce loss or damage to This policy is a contract of indemnity against actual monetary loss or damage the Insured.The Company may take any appropriate action under the terms of this sustained or incurred by the Insured Claimant who has suffered loss or damage by policy,whether or not it shall be liable to the Insured.The exercise of these rights reason of matters insured against by this policy. shall not be an admission of liability or waiver of any provision of this policy.If the (a) The extent of liability of the Company for loss or damage under this policy Company exercises its rights under this subsection,it must do so diligently. shall not exceed the lesser of (c) Whenever the Company brings an action or asserts a defense as required or (i) the Amount of Insurance;or permitted by this policy, the Company may pursue the litigation to a final (ii) the difference between the value of the Title as insured and the value determination by a court of competent jurisdiction, and it expressly reserves the of the Title subject to the risk insured against by this policy. right,in its sole discretion,to appeal from any adverse judgment or order. (b) If the Company pursues its rights under Section 5 of these Conditions and 6. DUTY OF INSURED CLAIMANT TO COOPERATE is unsuccessful in establishing the Title,as insured, (a) In all cases where this policy permits or requires the Company to prosecute (i) the Amount of Insurance shall be increased by 10%,and or provide for the defense of any action or proceeding and any appeals,the Insured (ii) the Insured Claimant shall have the right to have the loss or damage shall secure to the Company the right to so prosecute or provide defense in the determined either as of the date the claim was made by the Insured Claimant or as action or proceeding, including the right to use, at its option, the name of the of the date it is settled and paid. Insured for this purpose.Whenever requested by the Company,the Insured,at the (c) In addition to the extent of liability under(a)and(b),the Company will Company's expense, shall give the Company all reasonable aid (i) in securing also pay those costs, attorneys' fees, and expenses incurred in accordance with evidence,obtaining witnesses,prosecuting or defending the action or proceeding, Sections 5 and 7 of these Conditions. or effecting settlement,and(ii)in any other lawful act that in the opinion of the 9. LIMITATION OF LIABILITY Company may be necessary or desirable to establish the Title or any other matter as (a) If the Company establishes the Title,or removes the alleged defect,lien or insured. If the Company is prejudiced by the failure of the Insured to furnish the encumbrance,or cures the lack of a right of access to or from the Land,or cures the required cooperation, the Company's obligations to the Insured under the policy claim of Unmarketable Title,all as insured,in a reasonably diligent manner by any shall terminate, including any liability or obligation to defend, prosecute, or method,including litigation and the completion of any appeals,it shall have fully continue any litigation, with regard to the matter or matters requiring such performed its obligations with respect to that matter and shall not be liable for any cooperation. loss or damage caused to the Insured. (b) The Company may reasonably require the Insured Claimant to submit to (b) In the event of any litigation,including litigation by the Company or with examination under oath by any authorized representative of the Company and to the Company's consent, the Company shall have no liability for loss or damage produce for examination, inspection, and copying, at such reasonable times and until there has been a final determination by a court of competent jurisdiction,and places as may be designated by the authorized representative of the Company,all disposition of all appeals,adverse to the Title,as insured. records, in whatever medium maintained, including books, ledgers, checks, (c) The Company shall not be liable for loss or damage to the Insured for memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether liability voluntarily assumed by the Insured in settling any claim or suit without the bearing a date before or after Date of Policy,that reasonably pertain to the loss or prior written consent of the Company. damage.Further,if requested by any authorized representative of the Company,the 10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF Insured Claimant shall grant its permission, in writing, for any authorized LIABILITY representative of the Company to examine,inspect,and copy all of these records in All payments under this policy, except payments made for costs, attorneys' the custody or control of a third party that reasonably pertain to the loss or damage. fees, and expenses, shall reduce the Amount of Insurance by the amount of the All information designated as confidential by the Insured Claimant provided to the payment. Company pursuant to this Section shall not be disclosed to others unless, in the 11. LIABILITY NONCUMULATIVE reasonable judgment of the Company, it is necessary in the administration of the The Amount of Insurance shall be reduced by any amount the Company pays claim. Failure of the Insured Claimant to submit for examination under oath, under any policy insuring a Mortgage to which exception is taken in Schedule B or produce any reasonably requested information, or grant permission to secure to which the Insured has agreed,assumed,or taken subject,or which is executed by reasonably necessary information from third parties as required in this subsection, an Insured after Date of Policy and which is a charge or lien on the Title,and the unless prohibited by law or governmental regulation,shall terminate any liability of amount so paid shall be deemed a payment to the Insured under this policy. the Company under this policy as to that claim. 12. PAYMENT OF LOSS 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; When liability and the extent of loss or damage have been definitely fixed in TERMINATION OF LIABILITY accordance with these Conditions,the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this (d) Each endorsement to this policy issued at any time is made a part of this policy,it shall be subrogated and entitled to the rights of the Insured Claimant in policy and is subject to all of its terms and provisions.Except as the endorsement the Title and all other rights and remedies in respect to the claim that the Insured expressly states,it does not(i)modify any of the terms and provisions of the policy, Claimant has against any person or property,to the extent of the amount of any (ii)modify any prior endorsement,(iii)extend the Date of Policy,or(iv)increase loss,costs,attorneys'fees,and expenses paid by the Company.If requested by the the Amount of Insurance. Company,the Insured Claimant shall execute documents to evidence the transfer to 16. SEVERABILITY the Company of these rights and remedies.The Insured Claimant shall permit the In the event any provision of this policy,in whole or in part,is held invalid or Company to sue,compromise,or settle in the name of the Insured Claimant and to unenforceable under applicable law,the policy shall be deemed not to include that use the name of the Insured Claimant in any transaction or litigation involving provision or such part held to be invalid,but all other provisions shall remain in these rights and remedies. full force and effect. If a payment on account of a claim does not fully cover the loss of the Insured 17. CHOICE OF LAW;FORUM Claimant,the Company shall defer the exercise of its right to recover until after the (a) Choice of Law:The Insured acknowledges the Company has underwritten Insured Claimant shall have recovered its loss. the risks covered by this policy and determined the premium charged therefor in (b) The Company's right of subrogation includes the rights of the Insured to reliance upon the law affecting interests in real property and applicable to the indemnities,guaranties,other policies of insurance,or bonds,notwithstanding any interpretation,rights,remedies,or enforcement of policies of title insurance of the terms or conditions contained in those instruments that address subrogation rights. jurisdiction where the Land is located. 14. INTENTIONALLY DELETED Therefore, the court or an arbitrator shall apply the law of the jurisdiction 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE where the Land is located to determine the validity of claims against the Title that CONTRACT are adverse to the Insured and to interpret and enforce the terms of this policy.In (a) This policy together with all endorsements, if any, attached to it by the neither case shall the court or arbitrator apply its conflicts of law principles to Company is the entire policy and contract between the Insured and the Company. determine the applicable law. In interpreting any provision of this policy, this policy shall be construed as a (b) Choice of Forum: Any litigation or other proceeding brought by the whole. Insured against the Company must be filed only in a state or federal court within (b) Any claim of loss or damage that arises out of the status of the Title or by the United States of America or its territories having appropriate jurisdiction. any action asserting such claim shall be restricted to this policy. 18. NOTICES,WHERE SENT (c) Any amendment of or endorsement to this policy must be in writing and Any notice of claim and any other notice or statement in writing required to be authenticated by an authorized person,or expressly incorporated by Schedule A of given to the Company under this policy must be given to the Company at Chicago this policy. Title Insurance Company, Attn: Claims Department, P. O. Box 45023, Jacksonville,Florida 32232-5023. OWNER'S POLICY OF TITLE INSURANCE Issued by Chicago Title Insurance Company SCHEDULE A Name and Address of Title Insurance Company: CHICAGO TITLE INSURANCE COMPANY 601 Riverside Avenue,Building 5,4th Floor,Jacksonville,Florida 32204 File No.: 1905377-106 Policy No.: 72306-46815370 Address Reference: N/A Amount of Insurance: $250,000.00 Date of Policy: June 20,2019,at 3:29pm 1. Name of Insured: Watershed Conservation Resource Center,an Arkansas non-profit corporation,AND City of Fayetteville,an Arkansas Municipal corporation 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: Watershed Conservation Resource Center,an Arkansas non-profit corporation,AND City of Fayetteville,an Arkansas Municipal corporation 4. The Land referred to in this policy is described as follows: SEE ATTACHED EXHIBIT"A" Waco Title Company Countersigned 2592 S.48th St. Springdale,AR 72762 479-770-6700 BY ! LLJI z' Hannah Rucker,Authorized Signatory Signing Agent No.: 19036062 Title Agency No.: 100113373 If we at Waco Title Company fail to provide you with reasonable and adequate service,you should feel free to contact: Arkansas Insurance Department,1200 West Third Street,Little Rock,AR 72201, Telephone(501)371-2640 or(800)852-5494 THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED AM6RICAN 1 IAND)TITLF Copyright 2006-2009 American Land Title Association. All rights reserved. ASSOCIATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy(6-17-06) Page Schedule A Policy No.: 72306-46815370 SCHEDULE A Continued EXHIBIT "A" A part of the North half of Section 24,Township 16 North,Range 30 West,Fifth Principal Meridian,Washington County,Arkansas, also being Lots 31,32,33 and a part of Lot 34 and the West 150 feet of Lot 30 all in W.E.Anderson Farm,Fayetteville,Washington County,Arkansas,being more particularly described as follows: Beginning at the NE corner of the NW 1/4 of said Section 24,said point being an existing Arkansas State Land Survey Monument;thence N87°17'32"W 267.56 feet to an existing tree;thence S02°37'58"W 79.99 feet along an existing fence to an existing iron;thence N76°44'53"W 137.32 feet along said fence to an existing iron;thence N62°45'34"W 71.64 feet along said fence to an existing iron;thence N41°55'19"W 35.30 feet along said fence to an existing iron;thence N87°17'27"W 1492.08 feet to an existing iron;thence S03°41'53"W 245.52 feet to an existing iron;thence S43°43'28"W 142.79 feet to a set 1/2" iron rebar;thence S53°47'21"E 60 feet to a set 1/2"iron rebar;thence S36°15'07"W 117.47 feet to a set cotton spindle in the center of Dead Horse Mountain Road,said point being on a 217.66 foot radius curve concave to the SW;thence Southeasterly 30.47 feet along said curve and centerline,the chord for which being S54°1978"E 30.45 feet,to the beginning of a 5423.40 foot radius curve concave to the SW;thence Southeasterly 370.56 feet along said curve and centerline,the chord for which being S47°46'55"E 370.49,to the beginning of a 694.04 foot radius curve concave to the SW;thence Southeasterly 95.89 feet along said curve and centerline,the chord for which being S40°26'04"E 95.81 feet to the point of tangency;thence S36°06'34"E 76.44 feet along said centerline to the beginning of a 1247.75 foot radius curve concave to the SW;thence Southeasterly 82.07 feet along said curve and centerline,the chord for which being S33°3575"E 82.06 feet,to the beginning of a 687.25 foot radius curve concave to the SW;thence Southeasterly 304.45 feet along said curve and centerline,the chord for which being S18°18'49"E 301.96 feet,to the point of tangency;thence S07°05'32"E 197.98 feet along said centerline to a point in the center of the West Fork of the White River;thence leaving the center of said road and following the centerline of said river,the following bearings and distances: N76°51'46"E 48.71 feet;N89°04'28"E 46.50 feet; S81°28'57"E 142.46 feet; S35°05'52"E 87.27 feet;S28°02'53"E 47.95 feet; S37°42'29"E 173.04 feet S59°38'36"E 40.93 feet S79°54'36"E 14.40 feet N89°18'23"E 332.24 feet N75°26'52"E 93.24 feet S65°57'38"E 190.87 feet;N82°23'33"E 61.09 feet;S78°46'21"E 151.61 feet; S67°37'47"E 30.87 feet; S47°56'59"E 63.17 feet; S28°08'49"E 72.72 feet; S17°50'35"E 146.94 feet;S21°37'34"E 122.77 feet;S32°23'37"E 61.75 feet; S42°51'39"E 132.74 feet;to a point from which a 1/2"reference iron set on the North side of said river bears NO2°42'07"E 132.73 feet;thence leaving the center of said river,NO2°42'07"E 2209.18 feet to an existing iron;thence N87'14'59"W 149.78 to the point of beginning,containing 72.51 acres,more or less.The above described 72.51 acre tract being subject to the right-of-way of Dead Horse Mountain Road and any other easements and/or rights-of-way whether or not of record. AND A part of the Section 24,Township 16 North,Range 30 West of the fifth principal meridian,Washington County,Arkansas,being more particularly described as follows:commencing at the Southeast corner of the SW 1/4 of said section 24,said point being an existing fence corner post;thence N87°07'44"W 1131.73 feet;thence NO 1°59'36"E 1847.14 feet to an existing cotton spindle at the centerline intersection of Dead Horse Mountain Road and Goff Farm Road for the true point of beginning;thence N05°41'47"W 956.78 feet along the centerline of said Dead Horse Mountain Road to a point;thence N05°35'48"W 451.40 feet along said centerline to a point;thence N07°05'32"W 660.05 feet along said centerline to a point in the center of the West Fork of the White River;thence leaving the center of said Dead Horse Mountain road and following the centerline of said river,the following bearings and distances: N76°51'46"E 48.71 feet;N89°04'28"E 46.50 feet;S81°28'57"E 142.46 feet; S35°05'52"E 87.27 feet;S28°02'53"E 47.95 feet; S37°42'29"E 173.04 feet;S59°38'36"E 40.93 feet;S79°54'36"E 14.40 feet;N89°18'23"E 332.24 feet;N75°26'52"E 93.24 feet; S65°57'38"E 190.87 feet;N82°23'33"E 61.09 feet;S78°46'21"E 151.61 feet; S67°37'47"E 30.87 feet;S47°56'59"E 63.17 feet; S28°08'49"E 72.72 feet; S17°50'35"E 146.94 feet;S21°37'34"E 58.02 feet to a point from which an existing reference iron on the South side of said river bears S53°00'46"W 87.99 feet;thence leaving the center of said river,S53°00'46"W 389.56 feet to an existing iron;thence N69°51'02"W 506.15 feet to an existing iron;thence S15°24'43"W 1372.71 feet to a set cotton spindle in the center of Goff Farm Road;thence S85°14'52"W 73.69 feet to the point of beginning,containing 26.13 acres,more or less.The above described 26.13 acre tract being subject to the right-of-way of Dead Horse Mountain Road,Goff Farm Road and any other easements and/or AMERICAN LAND TITLE Copyright 2006-2009 American Land Title Association. All rights reserved. ASSOCIATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. TM Reprinted under license from the American Land Title Association. ALTA Owner's Policy(6-17-06) Page 6 Schedule A Policy No.: 72306-46815370 SCHEDULE A Continued rights-of-way whether or not of record. AMERICAN LAND TITLE Copyright 2006-2009 American Land Title Association. All rights reserved. ASSOCIATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy(6-17-06) Page 7 Schedule A OWNER'S POLICY OF TITLE INSURANCE Issued by Chicago Title Insurance Company SCHEDULE B File No.: 1905377-106 Policy No.: 72306-46815370 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage,and the Company will not pay costs,attorneys'fees,or expenses that arise by reason of: 1. General and special taxes for the year 2019 and subsequent years which are not yet due and payable.Taxes for the year 2018 and prior years are paid. 2. Encroachments,violations,variations,overlaps,boundary line disputes,and any matters which would be disclosed by an accurate survey and inspection of the premises. 3. Easements,or claims of easements,not shown by the Public Records or which would be disclosed by an accurate survey and inspection of the premises. 4. Rights or claims of parties in possession not shown by the Public Records. 5. Rights of tenants in possession under unrecorded leases solely as tenants and solely with respect to space occupied by each such tenant,(together with non-exclusive rights in common with other tenants in areas used by all tenants). 6. Any lien,or right to a lien,for services,labor,or material heretofore or hereafter furnished,imposed by law and not shown by the Public Records. 7. Taxes or special assessments,if any,which are not shown as existing liens by the Public Records. 8. Loss arising from security interest evidenced by Financing Statements and Liens filed of record as of the effective date hereof,under the Arkansas Uniform Commercial Code in the State of Arkansas. 9. Loss arising from and/or resulting from oil,gas and/or all other minerals,conveyed,retained,leased,assigned or any other activity concerning the sub-surface rights or ownership,including but not limited to the right of ingress or egress for said sub-surface purposes. 10. Reservations,Restrictions,Easements,Dedications,Right of Ways and Setback Lines as may be shown upon the recorded plat of said Subdivision/Addition,filed for record in/as Plat Record 5 at Page 79 of the records of Washington County,AR. 11. Reservations,Restrictions,Easements,Dedications,Right of Ways and Setback Lines as may be shown upon plat of survey filed in Document No.96062631 and 96062632,Document No.96066234 to 96066241 and Document No.2005-00015573, records of Washington County,AR. 12. Right of Way Easement,in favor of the City of Fayetteville,filed November 14,2008 in Document No.2008-00037532, records of Washington County,AR. AMERICAN LAND TITLE Copyright 2006-2009 American Land Title Association. All rights reserved. ASSOCIATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy(6-17-06) Page 8 Schedule B Policy No.: 72306-46815370 SCHEDULE B Continued 13. Water/Sewer Easement,in favor of the City of Fayetteville,filed January 3,2008 in Document No.2008-00000393,records of Washington County,AR. 14. Right of Way Grant,in favor of Arkansas Western Gas Company,filed February 20,2007 in Document No. 2007-00006002, records of Washington County,AR. 15. Right of Way Grant,in favor of Arkansas Western Gas Company,filed February 16, 2007 in Document No. 2007-00005971, records of Washington County,AR. 16. Access Easement Deed,in favor of the City of Fayetteville,filed November 5, 1998 as Document No.98096422,records of Washington County,AR. 17. Easement,in favor of Washington County,Arkansas,filed October 15, 1996 in Document No.96064966,records of Washington County,AR. 18. Easement,in favor of Washington County,Arkansas,filed October 15, 1996 in Document No.96064962,records of Washington County,AR. 19. Blanket Easement,in favor of Southwestern Bell Telephone Company,filed March 25, 1987 in Record Book 1217 at Page 861,records of Washington County,AR. 20. Blanket Easement,in favor of the City of Fayetteville,filed October 26, 1976 in Record Book 918 at Page 343,records of Washington County,AR. 21. Blanket Right of Way Grant,in favor of the City of Fayetteville, filed July 16, 1975 in Record Book 888 at Page 252, records of Washington County,AR. 22. Blanket Right of Way Grant,in favor of the City of Fayetteville,filed June 11, 1975 in Record Book 887 at Page 253, records of Washington County,AR. 23. Blanket Right of Way Grant,in favor of Arkansas Western Gas Company,filed January 20, 1953 in Record Book 449 at Page 232,records of Washington County,AR. 24. Blanket Right of Way Grant,in favor of Arkansas Western Gas Company,filed November 26, 1949 in Record Book 407 at Page 483,records of Washington County,AR. 25. Right of the public and others to use that portion of subject properties lying within the right of way of Stone Bridge Road, Dead Horse Mountain Road and Goff Farm Road. 26. The consequence of any past or future change in the location of White River,which forms a boundary of subject property,or any dispute arising over the location of the old bed of White River,or any variance between the boundary of said land as originally conveyed and the boundary thereof as now used and occupied. 27. The policy,when issued,will not insure as to the amount of acreage contained within the described boundaries of the Land. Any mention of acreage amounts is done so for descriptive purposes only. EINEM AMERICAN LAND TITLE Copyright 2006-2009 American Land Title Association. All rights reserved. ASSOCIATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. ry Reprinted under license from the American Land Title Association. ALTA Owner's Policy(6-17-06) Page 9 Schedule B Policy No.: 72306-46815370 SCHEDULE B Continued AMERICAN LAND TITLE Copyright 2006-2009 American Land Title Association. All rights reserved. ASSOCIATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy(6-17-06) Page 10 Schedule B Fr�r 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 Resolution: 97-19 File Number: 2019-0226 JOINT LAND PURCHASE,USE AND CONSERVATION CONTRACT -WCRC: A RESOLUTION TO APPROVE A LAND PURCHASE, USE AND CONSERVATION CONTRACT WITH THE WATERSHED CONSERVATION RESOURCE CENTER FOR THE JOINT PURCHASE OF ABOUT 98 ACRES OF LAND NEAR DEAD HORSE MOUNTAIN ROAD FOR THE AMOUNT OF $250,000.00 PLUS CLOSING COSTS, WITH THE CITY'S PORTION OF THE COSTS NOT TO EXCEED$160,000.00 WHEREAS, the Watershed Conservation Resource Center and Fayetteville's Utilities Department recommend the joint purchase of about 98 acres of land (most of which is within the West Fork's flood plain) near Dead Horse Mountain Road for the purpose of conservation, restoration, and enhancement to provide water quality improvements and protection of the Beaver Lake Watershed; and WHEREAS, the purchase of this property will also provide recreational benefits to Fayetteville residents including public access to the West Fork of the White River, a possible future trail along the river, a canoe and kayak access point, and the creation of a bird and butterfly park that supports bird and Monarch butterfly habitat; and WHEREAS, the contract provides for a City contribution in the amount of $150,000.00 with the Watershed Conservation Resource Center contributing $100,000.00 and both parties paying half of the closing costs which could total$10,000.00 to$20,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan Page 1 Printed on 4117,19 File Number: 2019-0226 Resolution 97-19 to sign the attached Land Purchase, Use and Conservation. Contract with the Watershed Conservation Resource Center for the purchase of approximately 98 acres near Dead Horse Mountain Road, and further authorizes Mayor Jordan to execute all other documents necessary to consummate the purchase of the land at a cost to the City of up to$160,000.00 including closing costs. PASSED and APPROVED on 4/16/2019 Approve 1 Attest: Lio eld Jordan.Ma >r Sondra E.Smith,City Clerk Treasurer„puntrto/ j 'rte AYtTT ,VII t E. x • "/„.; l7 flkitll�0:�``, Page 2 Printed on 4/17/19 E. 3 / / \ E 9 5 \ \ / \ / J E / m _ o s a) a E r- 2 4- / \ / E _ 7 / \ \ 5 o ® § 0 \ e / ƒ no \ 2 o n 3 R m / 0 CO ± 0 E = > £ \ s = ƒ m \ / « _ % 7 % \ > 0 c e = > - o c / / \ / ro ro @) > \ ) 0- e G CC •— - 0 \ CL 7 0 C 0 S •/ A / (7.) e 3 \ 9 C / % — g / c � \ \ / c © x = 6 v 4 2 ¥ p '\ m 0 ) — CO ± 0 - /2 = 2 o '\ \ J \ to cc -LL ( /_ •[ j \ J { 2co / & J2 2 k 2 � 2 ® \ 6 , 2 c o % s \ \ 2 � :® 3 0 ® ° 2 C 9 k a) 3 _ / / / / / / [ e / E y t---- . a t ƒ / �._ e [ t ƒ / 3 / j \ / Zs ( { 2 '7 a ( ( { 3 2 R o _ _■ '7 & u U. $ f- J \ : 22 \ / 2 u- $ I- V) » 0 / U- I d v k i = / / $ / % 2 _ 0 C ; e , C a 2 V 2 co Fa £ 0 ± . C § 0 § u / ) . Co § 5 / C = s C i ^ ✓ e / / c(13 Ic>lgl z 0 \ \ n « J § / §« k% \ \ / ^ \ o $$ § \ © ° /§ 2 rk g; $ $ } > q ƒ{ % ( \ k ° §u u 0_ @0 -u / o \ gnco %k - c cu C $ © • o U) u U = mI Q m \ .e 3 u © — £# eL E # e o ? 2 § a) m R m t q V / / 9 ' co CO o § / \ / / \ % Q 3 ° @ ƒ v P4 ilI © k al � \ / co 3 / § / c` 2 = > 0 ~ $ c0-4 ° S R % • v c = k 7m cA — • / ) k \ co \ 42 Co ( 3 / p. 8 / e . Eti-o s- 3 c / « = n c § 2 2 _ ® H u_ u o = t E ° • ( ° cc • \ _ o U % © A Cl) / \ m c / A / co- \ / c -0 / 2 CO H J ƒ •_ ® ro co ' ° c _c VI- - ® % LJ q -0 § 2 k / co / / \ o k ® 7 \ C CID . 2 d CO V) 3 \ / / 2 I- 2 H 2 2 CQ M (/) O r W o I Q' N 0 fn U z z viJ w � J Q QuJQ � co �30W _ '1 0 J W _I > C) n. I O LL1 U v i— LL I' J v Y Q U vi w Z -- n J a' coaOQ LENGTH DELTA ARCCE A6N0 CHORD LENGTH 6061 oK'Nu'IYEAN noon RATA. CCI u 21M798UM16. .504 Is' 5:41928[ A5 NKR pFK 70.58 54'53" 554 ])0.4 ARDS.MV WARIER 6514%0140 F.EFFECTM DATE law A.Ewe 95.69 9561C4 12.47.76. 82.0r 9 C5 66).25 3Mw5' 3..or S3 1646E So590 !� zoxE. roa.a5®ulm N .87'17'27= � ,'�" NfiTI{'3919 !.•T�u•�r� s-� 11092.06' FI. 267.56' 119.78' „NB]'17']2• SOJ'{t•5]YI se 84). �lS •_ IB { 245.52• /// ,y ZONE• l3 J 14 ^ PQB I NE mA. xEl/4,NxI/4 • 411 26rW A In 400 600 • `. Iis • 1" = 200' C1 • • TRACT 1i F'- iN. c/i.lwl/4 76 5-24107-000 C1 \ 1-16-N R-30-14 72.51 t ACRES � �.\..._..,_._...... .... .......• N.1.:V.0:1/4I �_ t-Ip-x.A-b-W 705-24107-000 \C\\ �� )85-15280-100 . J FLOmnr • I N - SA HOOP.NC (,-, \ W.12w 7701 E 011011..C.CSTE 200 HOA.NS 67207 \1 \ 20x[N I z 6 A A BASIS OF BEARINGS;ARKANSAS STATE PUNE • • COORDINATE SYSTEM • Try (NORTH ZONE) UNE zLI WOKE..ew 42.79 Ll ]IDA 1 I STATE)AHO SUMFYOR FERE CMF 'Spur �1 S07.OS'J2'E 500-Ten-30w-0-24-1]4-)2-1005 'SSY; 197.98• 1 ~ 7164' - I;' U N0245.34, 199.4 La '4040 ..7,-,, LYO _ _ _ _ I ), DA'R'E 1•, `4K _ -1 s)E IL,;:1 FL600Nr • PUT NOTES; LI 3 S3742 'LT1 536.05'62'E 117.27.- 0E I,o''ll i 36E p y I EXCE AS SPEOFIL4LY STATED OR SHOWN Ox THS PUT,0415 SURYEY DOES LIS \J /'L 4 I '11"`,1'4[ NCI PURPORT TO REFLECT ANI Of THE FOLLOWING WINCH MAY BE MPUGABEE LIE X5]40 ';'3 N m \4/1115 L12 11*�w2 rE ""4r THE SUBJECt REAL ESTATE: Lip 585.67'00, 45 '� 16 EZp I EASEMENTS.OTHER MAN POSSIBLE EASEMENTS wXICH WERE•n518[E AT ME 23'33'[ 1 r 1 OO ` TIME OF KING OF THIS SURVEY; STINCENE COVENANTS;OTTERSuBONISON7001 LII S77644'211 3 ti M 1 CENTERLINE _ 'Sf.G00RESTRICTIONS OR OTHR LAND USERREwunoOS;AND ANO'OTHER FACTS 2 $[Z 11 I WEST FORK t y I WHICH ON ACCURATE TITLE SEARCH MAY OSCLOSE. Lei 547766,9E L23 S2606'49, v C 1-x5 WHITE RIVER , 1 THIS SURVEY 15 VALLA ONY IF THE DRAWN°INCLUDED THE SEAL AND L25 E R,27 77' �.%'Es I TRACT 2 G ^ SIGNATURE OF THE SURVEYOR. .[ 1 765-15268-100 nwow.r 1 n THIS SURVEY MEETS OR TT BOUNDARY THE SLICES"ARKANSAS MNMUM L27 N306e39.0 IPI IA 76IA V Z I ' 26.311 ACRES 51/ xxl/• d+I S ANMROS FOR PROPERTY BOUNDARY SURVEYS AND PUTS-. 99' a' t. DECLARATION 15 MACE TO THE ORIGIN.PURCHASER OF THE SURCEY.1r 5 C I ' r1. r-•.c(.26,,"1/ C61' hal TRµSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSFOUENT OWNERS. b'15\i' I EOowAY JO0 OO 8O I\ SUBSURFACE AND PAR 04aiNTS CONOnONS WERE NOT 0AM1504 OR 0 _ N89$FO 54374$9' V` •\ CONSIDERED ASA ARL H1 SURVEY. • I LAE • 7 -N, I n / 6 SS I , .. 2: �/f I� { I • '"aN 1 �,4� b DA[. SUT•FY fFN'RRPTKIN-WAIT PIN)fi5-2410)-000(WO 2017-1133121 A PART OF THE NORTH HALF(N1/2)OF SECTION TWENTY-FOUR(24),TOWNSHIP SIXTEEN(16)NORTH. % • I RANGE MINTY(30)WEST OFTHE FIFTH PRINCIP MERIDA.,wASH1NCTON COUNTY,ARWANS.,,ALSO _1 BEING LOTS 31.32`33,AN PART OF LOT 34ANO THE wESST 150 FEET OF LOT 30.ALL W.E. DERISION FARM, AYETTEv1LLE,wA5H1NGTON Ouv 5,AND BEING MORE PARTIcuuxLY Z. ♦/ �// ':14,417" DESCRIBED AS FOLLOWS:BEONNING AT ME NORTHEAST CORNER OF THE NORTHwCST QUARTER(NW1/4) j 4/j ., !! {I I 1 w`o SND s[CTwN TWENTYFwR(2q.SAD PONT ezt,AN ExrsnxG ARKARvs STATE LAND SURVEY .•-•,7....--- --",),,,,,._ / 1 I T_I_ R-26-• NUMFnT;THENCE NBT>'J2Y/28).50 FEEL TO AR Ex15nx°THEE;THENCE SOYJ7'S2YR)9.99 fEEt •1�' TONG AN EXISTING FENCE TO All EXISTING IRON:THENCE N7614'S3YI 137.32 FEET ALONG SAID FENCE x/yr I' I 16F I I I i0 IN ExISONG IRON:THENCE N82'45..YR 71.64 FEET ALONG SMD FENCE r0 AN EXISTING IRON: L-x.e' THENCE X41'55'1919 35.30 FEET ALONG SAID FENCE TO AN EXISTING IRON:THENCE NOTI797YR 1482.06 {_- � r• II i .' K FEET r0 AN Ex1STING IRON:THENCE SO3'41'S]'14 245.52 FEET TO AN EXISTING IRON;THENCE 54!'43'20'14 142.79 FEET TOA SET 1/2'IRON RECUR:THENCE 56247'211 60.00 FEET TOA SET 1/2- I NON RE6W:THENCE 53615'02W 117.47 FEET i0 A SET COTTON SRNO[E 1x THE CENTER Of CCM y 'tat HORSE MOUNTAIN R.D.SAID POINT BENG ON A 21).88 FOOT RADIUS CURVE CONCAVE TO THE RMS \.\�5 1 .I /RIE't SOUTHWEST;THENCE SOUTHEASTERLY 31.47 FEET ALONG SMD CURVE ANO CENTERLINE,THE CHORD FOR C - \ I I x } O TOEBENG 554'19'TBENCC SOS FEET,TO THE TERLT 3 OEGI FEET ALONC5423.40 FOOT ROUTS CuRvE CONCAVE \\ NE.THE � '-y 1 CHORD FOR WHICHTBONG 54742'557 370.49 FEET.TO THE U0:411 G OF A 09404 SATO CURVE EFOOT LRADIUS �• 1I • CURVE CONCAVE TO ME SOUTHWEST:THENCE SOUTHEASTERLY 95.89 FEET ALONG 5X0 CURVE AND •/W - 1 •??k CENTERLINE,ME C.RD FOR WHICH BEND 540'2604T 95.61 FEET TO ME PONT OF TANCENCY; W/ 1 •N 2RA N DOFFFARM ROAD THENCE 5]6'06']4.E)BA4 FEET ALONG SNP CENTERLINE TO THE BEGINNING OFA 1247.75 FOOT RADWS (ASPHALT 59'2Tw) CURVE CONCAVE TO THE SOUTHWEST; HENCE SOUTHEAS BRLOY 82.07 FEET.RING SND CURVE AND / \\A .1 I i,"; E RUNE THE CHORD FOR WHICH BEING 533'35'257 112.08 FEET,T THE BEGINNING OFA 68 25 -144 FOOT RAMS CURVE CONCAVE TO THE SOUTHWEST;THENCE SOuTHEASTERLr 304.45 FEET ALONG SND P.O.B.• CURVE AND CENTERLINE,THE CHORD FOR WHICH BEING 51618'49"E 301.98 FEET,TO THE PONT OF DETAIL 'S TANGENCY:THENCE 50705'32"E 197.98 FEET ALONG SND CENTERCNE TOA PONT 1N ME CENTER OF mH I III 585"11.52'W THE WEST FORK OF THE WRITE RIVER:THENCE LEAwNG THE CENTER OF SLID R0A0 AND FOLLOWING ME CENTERLINE OF SAID RIVER,THE FOLLOW.°BEARINGS AND DISTANCES: 1-.2 73,89• 5)8'51467 8.71 FEET: X09'045040 40.50 FEET; 7 501'22'534 142.46 FEET: 5]5'05'527 8727 FEET, 52602'537 47.95 FEET: S]742' 40 1)3.04 FEET: 6J6 55 'l6E 40.93 FEET: 579'54'52387 14.40 FEET: N8911192.1332.24 FEET; 575'28'521E 93.24 FEET: _ - -- --- - - - Z 585'57'38-E 190.87 FEET: N6223'33"E 61.09 FEET: 841540 141.1a 5)648']1"E1et FEET; 527!)'4)-E .b B)FEET: • • 5.750'5940 63.1)FEET: S2608'491 72.72 FEET; 51750'351 146.94 FEET: 521'37'34-E 1]2.7)FEET; i 3)7 81.75 FEET: 542151'!91 132.)4 FEET TO A PONT FROM WHICH A 1/2"REFERENCEERENCEMON SET ON THE NORM MOE OF SAID RIVER BEARS 242'071 132.7! r FEET;THENCE LENANG THE CENTER OF SAID RIFER,Nor.vornr 2209.10 FEET TO Ax EXISTING IRON; ...4a,H•••••,944 THENCE x6714.59] POINT 58450,CONTNNTNG 7251 ACRES.WORE OR LESS THE 4 149.)8 TO THE ABOVE DESCRIBED 72.51 RE TRACT ACBEING SuELECl TO THE RIGH!OF WAY OF DED HORSE ..,.N• Y uWxiAM ROW AND MY OTHER EASEMENTS ANO/OR 00019-OF-RAY WHETHER OR NOT or RECORD. ? i LEGEND ' !(oN ® a 61 SO.RE FRORANT • SATAN SERER NAN./ NOTO)'4417 1131)J R COP * BOLLARD osT r FRE SPRNXLER • %PBC Tum LD b RAC POLE O w MwxAcxT • • 0 SET COTTON'SPOOF ' O 0 N PEDESTAL B GS LIETER 0 so.STALE DN LK + M O YT I/2'IR.RFeAR ComPuTE0 pope O D SIAM MONUMENT o c0Pc mamPENT 99 UMW. ■ STONE POWN011 • STREET DCX V CN I V MAP ® www 0x041 a BALK a O 0 TELEPHONE BOA • O TELEPHONE PEDESTAL O sra PECESTAL o ONIZEING SIGN • TEMPORARY SZNEN1401 O u4 . CAPPED o 10.0C SPEW B00 * COST.COTTON LE0 IVREA PCAL ® NANSFORIIER BOX • ▪ ONSTING IRON NEW • WATEN LAC SCA SURVEY DESORPTION-TRACT 52 P.7R5-15288-100(WO 200-1 33332) A FENCECog0 • • WATER METER A PART OF SECTION TWENTY-FOUR(241.TOWNSINP,2JTEON(16)NORTH,RANGE THIRTY(30)WEST OE • • 8 THE FIFTH FOLLOWS:COMMENCING.MERIDM1,W N COUNTY,ARKANSAS.B ORE PARTICl/URLT DESCRIBED • 001.Pro. R • SNITARI SEWER CLEANOUT VALVE SOUTHEASTAS CORNER Of THE SOUTHWEST QUARTER(51I/4)OF SAID -_- --'_ EASEMENT LINEIRR SECTION FEENTY-FOUR(24).SA RT BEING AN EXISTING FENCE CORNER POST:THENCE N67•0244, _____ _ _ _..-.._ .G YIBACK LIVE 113123 FEET;THENCE 1.01'59•36't 1e7 4 FEET TO AN EXISTING COTTON SPINDLE AT ME CENTERLINE _.- ELECTRIC LINE [RSECTON OF DEW HORSE OUNTNNROW AND GOFF FARM ROD FOR ME TRUE PONT OF NC-INKED FEE - BEGINNING;THENCE NOS'41'4)'6 ON 956.)8 FEET ALG THE CENTERLINE Of SAID DFM HORSE MOUHTAIN 0 EL[<TNC LINE ROAD TO A PONT;THENCE ' 19 451 40 FEET ALONG SAID CENTERLUNE TO -•- 04A SEWER UNE NO705.3214 660AL 05 FEET ONG S.CENTERLINE TOA PONT 1N THE CENTER OF THE WEST FOM Of STOMA S[wL uNE DIE WHITE RIVER;THENCE LEAVING CENTER OF SUIT DFM HORSE OUNTAN ROA0 AND FOLLOWING 11EAK [CENTERLINE Cf SAID THE FD RIVER, OLLOOET BEARINGS ARU DISTANCES: MINOR CONTOUR INTERVAL -- TELEPnOAF 72'S1'427 42.)1 FEET: N89O4'26-E 46.50 FEET; WRONG_ - wATER u. - 521'22'STE 442.46 FEET; 535'05'521 87.27 FEET: -4- f•EoToP-DATER E PROPERTY LINE 555383,E 47.95 FEET: 5!742'291 173.04 FEET; - 559']8']6E 40.93 FEET: 579154'321 1A40 FEET; 869'1623"E 33224 FEET; N75'2e'511 93.24 FEET; REVISIONS /A\�/A\ 1 n .f 'K Sfi5'S)']21 190.87 FEET: .82'23'3]7 BI.00 FEET: DATE DESCRIPTION BY ARA l \ �{CII Fe1� T 05/21/2019 576'46'21"E 151.81 FEET: 5973)'4)1 30.8)FEET; u S4T58'S6E 63.17 FEET; 528'06491 72.72 FEET; _ • - 51750]5"E 142.94 FEET: LOE OF'342 58.02 FEET TOA POINT FROM y, 1.144°•)t•O•A^^^' MICH AR EXISTING REFERENCE IRON ON THE SOUTH SIDE SAID RIVER BEARS 55900'48'14 87.99 ,., m FEET:THENCE LEAVING THE CENTER OF SERO RIVER,553'00'46'6 389.56 FEET TO AN EXISTING IRON: - •EET SSETHE34.3e COTTON N69/51 02W N,9THE6CENTERC OF TO EXISTING MRwD THENCE 585154.52.9/73.09 iEETF for THE P NT WATERSHED CONSERVATION RESOURCE CENTER OF HONG,CONTR..°28.13 ACRES,MORE OR LESS.THE DESCRIBED 2613 ACRE TRACT DEAD HORSE MOUNTAIN&GOFF FARM ROA05 • BEING SUBJECT TO ME RIGH-OF-WAY OF OED HORSW 1N ROAD,00FF FARM ROAD AANY FAYETTEVILLE.ARKANSAS OTHER EASEMENTS ANO/Oft RICHT5-0F-WAY wnEMERORM T OF RECORD. BOUNDARY SURVEY A 0 / © 2 \ 4-, 4- \ \ / k LU \ g » 2 9 Rƒ ƒ 2 ° co / E < 'e 2 z C / , / , LU0 \ O \ CO U U % &£ [ Z0 \ ° / 3 0 C \ . • -rCU / \ \ k 2 / \ E + • 2 $ u 2 e # ƒ y a) E % I C / / , % = n m 3 o LJ \ 0 \ = % 2 e $ $ / � / 2 / 4- \ d / \ O \ \ ' \ 0 \ '••-•.. ca s>: 0 t ® < � ¥ 0 f < \ U \ £ t 2 CU 2 � > _ / c 3 E = E y u = k E - 0 \ \ a) u \ ) I 9 « 4 0 = 3 Cr/ 2 U ' » c E E % / / • 2 0 \ 1._ 2 , = '/ e 2 2 3 I 0 — / \ cm —o A \ wE C \ / $ a \ E \ \ f •- / 2 & } 3 & ¥ R • / 2 f 7 \ $ ƒ < * f / % 2 $ 2 2 e R = = u \ % > / / C \ 7 0 / tIOE m ƒ / 4-t z 0 E 4 m / / _ ° ; / > / 7 A / O L. % 6 % u � U 1 (13 » '- 0.1 ca_ / E � \ \ y a) / \ / � 2 / On C CU e v v / .§ \ G \ U _ - = C \ a 0 CU = = f = = -, U 0 - -• = % 3 § \ % ®, / & / 3 0 / g n / .© , / 0 m I 0 # 5 ea 3 0. 0 C » < = U - y - E _ w - 6 f % 5 2 ® _/ f ± / ± - f / e �.( / § \ .i-; k \ 2 $ E ° U = 2 \ S E _ ® � _ C C .- ° E •o •u M - m 2 S 2 t o u = 0 / ) 7 § 3 u- 0 I— u u1 < k I— s : r4 < H a u. V e U 0 O E. Q I- I L ,:uO O -0 7-..) cc fu 04_, .— CI) L -C 'O +' v CU el.) au A .� > E c a� Q •Q C E ,� .w r> _c o -Oa a L _ = E roO co v Q- Ln (0 L c c E - a)' o s U c C �'' c ro ,, O C co ro n > O =▪ 4' O C CI) 4- ro c ro 0 UC s m O UC ,al N Q1 •� >• VI +O+ 01 y ° E +; E C oc no ° -a c v a) � v � rti O ass .— L +., u a) 0O — o O O GJ c r L O > L L 73 c C -0 N -6 O — is Q. c -0 2 .47. ca T .N c0 L c > EE • c 'O c o > s ,O c U -0 4-, O t c0 of • rysOE cv aj O ++ E OLa-' u. ca+ , cT coE a c +, ai- p +, sc° co crnU Crr O'crn cQ w 9- ura) c .L _Cu � § ow O CUEO Na r q N. c c c> c n i OO,: xs v +-, s � dl' � � " LQcua .0 .oQl N� r., _ , c6 0C- cu. )_ -ci C N 3 = L as O ` 33.- O a p GJ O 3 CO a=+ ^ 'ID m �00 c O � � � N y ro ro C O U N O c O vi ▪ 3 4J € o L u a0 te+ Y •Q Xa, C 'W 4J U +' H 41 T Lru p,S,, v 3 a--+ '+'' ir6E -5 .> C (o a w N O O +� Q1 WI 41 LL a tz' O C d L. c � u Q ate' 2 c 3 41 L v L •- m � , r4* x O L c i c C1 0 E cc 13 i r�6 '.--: W C Ln Nif) O O vp p p �` > ill WACO TITLE 1164 East Joyce Boulevard Fayetteville,AR 72703 Phone: 479-770-6700 Fax: 479-770-6873 DISCLOSURE,AFFIRMATION&AGREEMENT REGARDING BUSINESS PRACTICES File#: 1905377-106 THE UNDERSIGNED,hereby affirm and state that they are the parties to a real estate transaction with regard to the following property: SEE ATTACHED EXHIBIT"A" In consideration of Waco Title Company facilitating the closing of the transaction or issuing a title insurance policy or title insurance policies covering the above described property,you,the undersigned hereby state and affirm that you understand the following: 1. Many of the documents you sign in a closing are for the benefit of another party, including your lender,Waco Title Company and its underwriters. You have the right to review every document before you sign it. 2. Waco Title Company does not provide financial, legal or tax advice. You have the right to consult with your own financial,legal or tax advisor and should only rely upon advice given to you by your attorneys, accountants and advisors. By signing this document, you are stating that you have consulted with your own advisors or you have chosen to close the transaction without seeking such advice. 3. The form of the documents used in the closing,such as the Warranty Deed and Owner's Affidavit, are approved by a licensed Arkansas attorney. The actual, completed documents that are signed at closing may not have been reviewed by an attorney in their completed form. You are not required to sign the documents prepared by Waco Title Company, you may instead employ an attorney of your choice to prepare the documents for your signature at closing. If you choose to have your attorney prepare the documents,Waco Title Company reserves the right to review those documents to assure that they meet underwriting standards. If you choose to sign the documents as prepared by Waco Title Company,you waive your right to have an attorney prepare the documents and authorize and instruct Waco Title Company to complete the preparation of the documents. 4. Waco Title Company is a third party title insurance and closing company. By closing with Waco Title Company,you have authorized Waco Title Company to perform certain actions on your behalf,such as make payment to certain creditors as reflected on the Settlement Statement, and to file executed documents on your behalf or on behalf of your lender. Waco Title Company does not represent you and is not acting as your agent for any situation other than those specifically described in the Real Estate WT_Disclosure-Business Practices Page 1 of 4 Contract or evidenced by the Settlement Statement. Any title search or underwriting examination conducted by Waco Title Company is for the benefit of Waco Title Company and its underwriters. 5. Funds you provide for the closing of the transaction may be placed in an interest bearing escrow account. You hereby waive any and all claims to the interest which may accrue on account of your funds being placed in an interest bearing escrow account. 6. Fees shown on the Settlement Statement,Closing Disclosure,and or HUD-1 for recording are only estimates. The actual costs of recording varies due to the number of pages which must be recorded. In order to accomplish a final closing of the transaction,Waco Title Company hereby assumes responsibility for any shortage between the estimated fees collected and actual costs for recording. You hereby waive any claim for any overage between the estimated fees collected and actual costs for recording. SELLER(S) SA Holdings,Inc.,a Kansas corporation By: Q. Craig?.Mayo,Exec tive Vice President SUBSCRIBED AND SWORN to before me, a Notary Public on this // day of 20 IC( Notary lie My Commission Expires: fall ELIZABETH C. PETERSEN Notary Public-state of Kansas My Appt.Expires /,�. -/ 7,).. WTDisclosure-Business Practices Page 2 of 4 Watershed Conservation Resource Center,an Arkansas non-profit corporation By: Sandi ,Executive SUBSCRIBED AND SWORN to before me, a Notary Public on this -O day of ,2B • Notary Public My Commission Expires: OFFICIAL.SEAL HANNAH RUCKER NOTARY PUBLIC.ARKANSAS WASHINGTON COUNTY COMMISSIONS 12706666 COMMISSION EXP.01/16/2029 City of Fay eville,an rkansas nicipal corporat.:0? K%T Ror.• ionel o dal Iayor ' _ •FAYETTEVILLE: _ ATTEST: ..11..iy - %y,9RkAN`'P� Sondra Smith,City Clerk- reasurer ;,ill y 0N,;0`v`�` SUBSCRIBED AND SWORN to before me, a Notary Public on this day of ,20 I I Notary P 7 My Commission Expires: OFFICIAL,SEAL HANNAH RUCKER NOTARY PUBLIC,ARKANSAS WASHINGTON COUNTY COMMISSION 1'12706666 COMMISSION EXP.01/16/2029 WT_Disclosure-Business Practices Page 3 of 4 Exhibit "A" A part of the North half of Section 24,Township 16 North,Range 30 West,Fifth Principal Meridian, Washington County,Arkansas,also being Lots 31,32,33 and a part of Lot 34 and the West 150 feet of Lot 30 all in W.E.Anderson Farm,Fayetteville,Washington County,Arkansas,being more particularly described as follows: Beginning at the NE corner of the NW 1/4 of said Section 24,said point being an existing Arkansas State Land Survey Monument;thence N87°17'32"W 267.56 feet to an existing tree; thence S02°37'58"W 79.99 feet along an existing fence to an existing iron;thence N76°44'53"W 137.32 feet along said fence to an existing iron;thence N62°45'34"W 71.64 feet along said fence town existing iron;thence N41°55'19"W 35.30 feet along said fence to an existing iron;thence N87°1727"W 1492.08 feet to an existing iron;thence S03°41'53"W 245.52 feet to an existing iron;thence S43°43'28"W 142.79 feet to a set 1/2"iron rebar;thence S53°47'21"E 60 feet to a set 1/2"iron rebar;thence S36°15'07"W 117.47 feet to a set cotton spindle in the center of Dead Horse Mountain Road,said point being on a 217.66 foot radius curve concave to the SW;thence Southeasterly 30.47 feet along said curve and centerline,the chord for which being S54°19'28"E 30.45 feet,to the beginning of a 5423.40 foot radius curve concave to the SW;thence Southeasterly 370.56 feet along said curve and centerline,the chord for which being S47°46'55"E 370.49,to the beginning of a 694.04 foot radius curve concave to the SW; thence Southeasterly 95.89 feet along said curve and centerline,the chord for which being S40°26'04"E 95.81 feet to the point of tangency;thence S36°06'34"E 76,44 feet along said centerline to the beginning of a 1247.75 foot radius curve concave to the SW;thence Southeasterly 82.07 feet along said curve and centerline,the chord for which being S33°35'25"E 82.06 feet,to the beginning of a 687.25 foot radius curve concave to the SW;thence Southeasterly 304.45 feet along said curve and centerline,the chord for which being S18°18'49"E 301.96 feet,to the point of tangency;thence S07°05'32"E 197.98 feet along said centerline to a point in the center of the West Fork of the White River;thence leaving the center of said road and following the centerline of said river,the following bearings and distances:N76°51'46"E 48.71 feet;N89°04'28"E 46.50 feet;S81°28'57"E 142.46 feet;S35°05'52"E 87.27 feet;S28°02'53"E 47.95 feet;S37°42'29"E 173.04 feet;S59°38'36"E 40.93 feet;S79°54'36"E 14.40 feet;N89°18'23"E 332.24 feet;N75°26'52"E 93.24 feet;S65°57'38"E 190.87 feet;N82°23'33"E 61.09 feet;S78°46'21"E 151.61 feet;S67°37'47"E 30.87 feet;S47°56'59"E 63.17 feet;S28°08'49"E 72.72 feet;S l 7°50'35"E 146.94 feet;S21°37'34"E 122.77 feet;S32°23'37"E 61.75 feet;S42°51'39"E 132.74 feet;to a point from which a 1/2"reference iron set on the North side of said river bears NO2°42'07"E 132.73 feet;thence leaving the center of said river,NO2°42'07"E 2209.18 feet to an existing iron;thence N87'l4'59"W 149.78 to the point of beginning,containing 72.51 acres,more or less.The above described 72.51 acre tract being subject to the right-of-way of Dead Horse Mountain Road and any other easements and/or rights-of-way whether or not of record. AND A part of the Section 24,Township 16 North,Range 30 West of the fifth principal meridian,Washington County,Arkansas,being more particularly described as follows:commencing at the Southeast corner of the SW 1/4 of said section 24,said point being an existing fence corner post;thence N87°07'44"W 1131.73 feet;thence N01°59'36"E 1847.14 feet to an existing cotton spindle at the centerline intersection of Dead Horse Mountain Road and Goff Farm Road for the true point of beginning;thence N05°41'47"W 956.78 feet along the centerline of said Dead Horse Mountain Road to a point;thence N05°35'48"W 451.40 feet along said centerline to a point;thence N07°05'32"W 660.05 feet along said centerline to a point in the center of the West Fork of the White River;thence leaving the center of said Dead Horse Mountain road and following the centerline of said river,the following bearings and distances: N76°51'46"E 48.71 feet;N89°04'28"E 46.50 feet;S81°28'57"E 142.46 feet;S35°05'52"E 87.27 feet; S28°02'53"E 47.95 feet;S37°42'29"E 173.04 feet;S59°38'36"E 40.93 feet;S79°54'36"E 14.40 feet; N89°18'23"E 332.24 feet;N75°26'52"E 93.24 feet;S65°57'38"E 190.87 feet;N82°23'33"E 61.09 feet; S78°46'21"E 151.61 feet;S67°37'47"E 30.87 feet;S47°56'59"E 63.17 feet;S28°08'49"E 72.72 feet; S 17°50'35"E 146.94 feet;S21°37'34"E 58.02 feet to a point from which an existing reference iron on the South side of said river bears S53°00'46"W 87.99 feet;thence leaving the center of said river, WT_Disclosure-Business Practices Page 3 of 4 S53°00'46"W 389.56 feet to an existing iron;thence N69°51'02"W 506.15 feet to an existing iron;thence SI 5°24'43"W 1372.71 feet to a set cotton spindle in the center of Goff Farm Road;thence S85°14'52"W 73.69 feet to the point of beginning,containing 26.13 acres,more or less.The above described 26.13 acre tract being subject to the right-of-way of Dead Horse Mountain Road,Goff Farm Road and any other easements and/or rights-of-way whether or not of record. WACO TITLE 1164 East Joyce Boulevard Fayetteville,AR 72703 Phone: 479-770-6700 Fax: 479-770-6873 CLOSING CERTIFICATION RE: Fayetteville,AR 72701 File#: 1905377-106 We,the undersigned,hereby state we are the party(ies)with respect to the property referenced above and therefore make the following certifications,where applicable: PROPERTY TAX PRORATIONS I/We.the undersigned Buyer(s)and Seller(s)of the above referenced property,acknowledge that Waco Title Company as closing agent for the transaction has prorated 2019 real estate taxes between the Buyer(s)and the Seller(s)based on information obtained from the Assessor's/Collector's office in the county in which the subject property is located.and said information available at the time of closing of the transaction was only an ESTIMATE of the taxes for the parcel of real property. The proration amount WILL reflect any credits the seller would have received on the current tax assessment. Buyer(s)and Seller(s)acknowledge that Waco Title Company has full discretion to prorate real estate taxes for the 2019 tax year and has elected to base the prorations on an estimated tax of S261.03. Should there be any discrepancy in the amount of estimated taxes prorated and the actual amount of 2019 taxes that become due,both the Buyer(s)and Seller(s)agree to hold Waco Title Company harmless from any claims or demands from themselves or any lending institution or other entity for the payment of said taxes. Buyer(s)acknowledge that Buyer(s)are responsible for contacting the county taxing authority for the purpose of applying for and receiving any credit for which they may be entitled. Buyer(s)further acknowledge that Buyer(s)are responsible for and should receive a tax bill in March.2020 for the entire 2019 year. If for some reason Buyer(s)do not receive a bill,Buyer(s)will take the responsibility to obtain the bill from the county taxing authority and-to pay the 2019 real estate taxes when due and payable. The Buyer(s)and Sellers)further agree to make a pro-rata payment of said taxes based on the same percentage reflected in their respective closing statements regarding the transaction when advised by either party that the funds collected at closing for the payment of said taxes were not sufficient to pay same. Waco Title Company WILL NOT be responsible or liable to the undersigned for any discrepancies and/or adjustments concerning the taxes on the property that are generated by the taxing authorities. Buyer/Borrower(s)Initials s(?ii ()CI.... Seller(s)Initials TITLE INSURANCE AFFIDAVIT The undersigned,where applicable,hereby affirm they have received a copy of the Title Insurance Commitment and are aware of the matters contained therein. WT Closing Certification Page I of.3 WACO ` TITLE 1164 East Joyce Boulevard Fayetteville,AR 72703 Phone: 479-770-6700 Fax: 479-770-6873 CLOSING CERTIFICATION RE: Fayetteville,AR 72701 File#: 1905377-106 We,the undersigned,hereby state we are the party(ies)with respect to the property referenced above and therefore make the following certifications,where applicable: PROPERTY TAX PROBATIONS I/We,the undersigned Buyer(s)and Seller(s)of the above referenced property,acknowledge that Waco Title Company as closing agent for the transaction has prorated 2019 real estate taxes between the Buyer(s)and the Seller(s)based on information obtained from the Assessor's/Collector's office in the county in which the subject property is located,and said information available at the time of closing of the transaction was only an ESTIMATE of the taxes for the parcel of real property. The proration amount WILL reflect any credits the seller would have received on the current tax assessment, Buyer(s)and Seller(s)acknowledge that Waco Title Company has full discretion to prorate real estate taxes for the 2019 tax year and has elected to base the prorations on an estimated tax of 5261.03. Should there be any discrepancy in the amount of estimated taxes prorated and the actual amount of 2019 taxes that become due,both the Buyer(s)and Seller(s)agree to hold Waco Title Company harmless from any claims or demands front themselves or any lending institution or other entity for the payment of said taxes. Buyer(s)acknowledge that Buyer(s)are responsible for contacting the county taxing authority for the purpose of applying for and receiving any credit for which they may be entitled. Buyer(s)further acknowledge that Buyer(s)are responsible for and should receive a tax bill in March,2020 for the entire 2019 year. If for some reason Buyer(s)do not receive a bill,Buyer(s)will take the responsibility to obtain the bill from the county taxing authority and to pay the 2019 real estate taxes when due and payable. The Buyer(s)and Seller(s)further agree to make a pro-rata payment of said taxes based on the same percentage reflected in their respective closing statements regarding the transaction when advised by either party that the funds collected at closing for the payment of said taxes were not sufficient to pay same. Waco Title Company WILL NOT be responsible or liable to the undersigned for any discrepancies and/or adjustments conceming the taxes on the property that are generated by the taxing authorities. Buyer/Borrower(s)Initials Sellers)Initials CP el TITLE INSURANCE AFFIDAVIT The undersigned,where applicable,hereby affirm they have received a copy of the Title Insurance Commitment and are aware of the matters contained therein. WT Closing Certification Page I of 3 SURVEY-WAIVER The undersigned affirm and acknowledge they will not receive. unless previously agreed, a survey of the property,and further will have no coverages or protection on their title policy with respect to matters that would have been disclosed on a proper survey of the property. It is the responsibility of the undersigned to request such coverages.including but not limited to survey matters,directly t'rom the Title Insurance issuing Agent prior to the closing,and be responsible for any additional charges. DORMANCY CHARGE The undersigned parties acknowledge and understand that Closing Agent may deduct from funds presumed abandoned a charge of$25 by reason of the undersigned parties failure to claim the funds. Funds are presumed abandoned in accordance with Arkansas Code Annotated, Title 18- Property,Subtitle 3.Personal Property,Chapter 28 Unclaimed Property,Subchapter 2.Unclaimed Property Act,which states,funds are presumed abandoned if it is unclaimed by the apparent owner five(5)years after the owner's right to demand the property or after the obligation to pay or distribute the property arises,whichever occurs first. STOP PAYMENT FEES The undersigned parties acknowledge and understand that Closing Agent is charged$10 for any stop payments requested through the Closing Agent's financial institution. Closing Agent will charge the undersigned parties SIC for any stop payment requests that arise as a result of the undersigned party losing a check and requesting a new check to be issued. DISCLOSURE OFAGRICULTURAL OPERATIONS NEAR REAL PROPERTY Pursuant to Arkansas Code Annotated§18-11-107,closing agents are required to inform buyers that: I. The real property may be located within or near a rural area:and 2. Agricultural operations on real property nearby are protected under??2-4-101 et seq.,and shall not be found to be a public or private nuisance if the agricultural operation employs methods or practices that are commonly or reasonably associated with agricultural production. ERRORS AND OMISSIONS The undersigned parties affirm and acknowledge they will cooperate,and agree to re-execute documents,initial any changes,or pay any additional amounts and/or fees which may result from clerical errors or other matters,including but not limited to misspellings,incorrect names,addresses. legal descriptions,costs,terms,conditions,computations and expenses which were all done in good faith by the Closing Agent and further agree to respond to any such request made by Closing Agent,Lender or other parties involved,in a manner which is timely and consistent with such request. We further agree to indemnify and hold Closing Agent,Lender&Realtors harmless from damage or liability resulting from the matters herein. PAYOFF AFFIDAVIT I/We,agree to indemnify and hold harmless the lender and Waco Title Company in the event there should occur any shortages in any payof disbursements as to any of my/our debts or other obligations to be paid from the closing of my/our loan or sale of property of this date;and 1/We agree that upon notification of the same 1/We will within 48 hours thereafter pay the shortages amount to the appropriate creditor or Waco Title Company. In the event legal action is necessary to collect any shortages by Lender or Waco Title Company,I/We agree to pay all costs and attorney fees. CONTRACT CERTIFICATION ITIS HEREBY UNDERSTOOD AND AGREED that the terms of the Sales Contract are true to the best of our knowledge and belief and there are no other agreements entered into between the Seller(s),Buyer(s)and Realtor(s),except those attached to the Sales Contract. We certify that all contingencies,if any,on the Sales Contract and/or addendum's attached thereto,have been met or satisfied,hereby releasing Waco Title Company of any further liability to the parties mentioned herein. We certify that on the date of closing of the above captioned property,and upon a personal physical inspection of the said property.all appliances, plumbing systems,heating systems.electrical systems,and if installed.air conditioning systems,are in proper working condition as of this date and are no longer the responsibility of the Seller, ll"I_Closing Certification Page 2 of 3 Dated June 20,2019 Watershed Conservation Resource Center,an Arkansas SA Holdings,Inc.,a Kansas corporation non-profit corporation By: (1,5^+44. A• By: Craig P.Mayo,Executive Vice President Sandi J.Forma a,Executive Director City of Faye/vine,an •r .nsas unicipal corporation BY• AIGL/.&E.%, 1''..--. `��( \1Y 0 ..•`SG FLioneld Jor. or Vs.: 55E3. �' ••�= -: ;FAYETTE`'ILLE;�— ATTEST: `mss, _ - r/L L. %1.•,q co • 'ti: Sondra Smith,City Clerk-Treasurer ',1P'.RkAN`�P•J�`� WT Closing Certification Page 3 of 3 Dated June 20,2019 Watershed Conservation Resource Center,an Arkansas SA Holdings,Inc.,a Kansas corporation non-profit corporation By: � ' " By: Craig P.Mayo,Executi a Vice President Sandi J.Formica,Executive Director City of Fayetteville,an Arkansas Municipal corporation By: Lioneld Jordan,Mayor WT Closing Certification Page 3 of 3 1 Type: REAL ESTATE Kind:WARRANTY DEED Recorded: 6/20/2019 3:28:13 PM Fee Amt: $35.00 Page 1 of 5 Washington County,AR Kyle Sylvester Circuit Clerk File# 2019-00017988 SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That SA Holdings, Inc., a Kansas corporation, (herein "Grantor"), by and through its Executive Vice President, Craig P. Mayo, duly authorized by proper resolution of its Board of Directors, for the consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid by Watershed Conservation Resource Center, an Arkansas non- profit corporation, and City of Fayetteville, an Arkansas municipal corporation, (herein "Grantees") the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the said Grantees, and unto Grantees' successors and assigns forever, the following described land,situate in the County of Washington,State of Arkansas,to-wit: A part of the North half of Section 24,Township 16 North, Range 30 West,Fifth Principal Meridian, Washington County, Arkansas, also being Lots 31,32,33 and a part of Lot 34 and the West 150 feet of Lot 30 all in W. E. Anderson Farm, Fayetteville,Washington County,Arkansas, being more particularly described as follows: Beginning at the NE corner of the NW 1/4 of said Section 24,said point being an existing Arkansas State Land Survey Monument; thence N87°17'32"W ft 267.56 feet to an existing tree; thence S02°37'58" W 79.99 feet along an existing fence to an existing iron; thence N76°44'53" W 137.32 feet along said fence to an existing iron; thence N62°45'34"W 71.64 feet along said fence to an existing iron; D thence N41°55'19" W 35.30 feet along said fence to an existing 1C` iron; thence N87°17'27" W 1492.08 feet to an existing iron; thence S03°41'53" W 245.52 feet to an existing iron;thence S43°43'28"W 142.79 feet to a set 1/2" iron rebar; thence S53°47'21" E 60 feet to a set 1/2" iron rebar; thence S36°15'07" W 117.47 feet to a set cotton spindle in the center of Dead Horse Mountain Road, said point being on a 217.66 foot radius curve concave to the SW; thence Southeasterly 30.47 0 feet along said curve and centerline, the chord for which being S54°19'28" E 30.45 feet, to the beginning of a 5423.40 foot radius curve concave to the SW; thence Southeasterly 370.56 feet along said curve and centerline, the chord for which being S47°46'55"E 370.49,to the beginning of a 694.04 foot radius Special Warranty Deed Page 1 of 4 File Number:2019-00017988 Page 1 of 5 curve concave to the SW; thence Southeasterly 95.89 feet along said curve and centerline,the chord for which being S40°26'04" E 95.81 feet to the point of tangency; thence S36°06'34" E 76.44 feet along said centerline to the beginning of a 1247.75 foot radius curve concave to the SW;thence Southeasterly 82.07 feet along said curve and centerline, the chord for which being S33°35'25" E 82.06 feet,to the beginning of a 687.25 foot radius curve concave to the SW; thence Southeasterly 304.45 feet along said curve and centerline,the chord for which being S18°18'49" E 301.96 feet, to the point of tangency; thence S07°05'32" E 197.98 feet along said centerline to a point in the center of the West Fork of the White River; thence leaving the center of said road and following the centerline of said river, the following bearings and distances: N76°51'46" E 48.71 feet; N89°04'28" E 46.50 feet; S81°28'57" E 142.46 feet; S35°05'52"E 87.27 feet; S28°02'53"E 47.95 feet; S37°42'29"E 173.04 feet; S59°38'36"E 40.93 feet; S79°54'36"E 14.40 feet; N89°18'23"E 332.24 feet; N75°26'52"E 93.24 feet; S65°57'38"E 190.87 feet; N82°23'33"E 61.09 feet; S78°46'21"E 151.61 feet; S67°37'47"E 30.87 feet; S47°56'59"E 63.17 feet; S28°08'49"E 72.72 feet; S17°50'35"E 146.94 feet; S21°37'34"E 122.77 feet; S32°23'37"E 61.75 feet; S42°51'39"E 132.74 feet; to a point from which a 1/2" reference iron set on the North side of said river bears NO2°42'07"E 132.73 feet; thence leaving the center of said river,NO2°42'07"E 2209.18 feet to an existing iron; thence N87'14'59"W 149.78 to the point of beginning, containing 72.51 acres,more or less. The above described 72.51 acre tract being subject to the right-of-way of Dead Horse Mountain Road and any other easements and/or rights-of-way whether or not of record. AND A part of the Section 24, Township 16 North, Range 30 West of the fifth principal meridian, Washington County,Arkansas, being more particularly described as follows: commencing at the Southeast corner of the SW1/4 of said section 24,said point being an existing fence corner post; thence N87°07'44"W 1131.73 feet; thence N01°59'36"E 1847.14 feet to an existing cotton spindle at the centerline intersection of Dead Horse Mountain Road and Goff Farm Road for the true point of beginning; thence N05°41'47"W 956.78 feet along the centerline of said Dead Horse Mountain Road to a point; thence N05°35'48"W 451.40 feet along said centerline to a point; thence N07°05'32"W 660.05 feet along said centerline to Special Warranty Deed Page 2 of 4 File Number:2019-00017988 Page 2 of 5 a point in the center of the West Fork of the White River; thence leaving the center of said Dead Horse Mountain road and following the centerline of said river, the following bearings and distances: N76°51'46"E 48.71 feet; N89°04'28"E 46.50 feet; S81°28'57"E 142.46 feet; S35°05'52"E 87.27 feet; S28°02'53"E 47.95 feet; S37°42'29"E 173.04 feet; S59°38'36"E 40.93 feet; S79°54'36"E 14.40 feet;N89°18'23"E 332.24 feet; N75°26'52"E 93.24 feet; S65°57'38"E 190.87 feet; N82°23'33"E 61.09 feet; S78°46'21"E 151.61 feet;S67°37'47"E 30.87 feet; S47°56'59"E 63.17 feet; S28°08'49"E 72.72 feet;S17°50'35"E 146.94 feet; S21°37'34"E 58.02 feet to a point from which an existing reference iron on the South side of said river bears S53°00'46"W 87.99 feet; thence leaving the center of said river, S53°00'46"W 389.56 feet to an existing iron; thence N69°51'02"W 506.15 feet to an existing iron; thence S15°24'43"W 1372.71 feet to a set cotton spindle in the center of Goff Farm Road; thence S85°14'52"W 73.69 feet to the point of beginning, containing 26.13 acres, more or less. The above described 26.13 acre tract being subject to the right-of- way of Dead Horse Mountain Road, Goff Farm Road and any other easements and/or rights-of-way whether or not of record. Subject to recorded instruments, covenants, rights of way and easements. [Legal description provided by Waco Title Company.] TO HAVE AND TO HOLD the same unto the said Grantees,and unto Grantees'successors and assigns forever, with all tenements,appurtenances and hereditaments thereunto belonging. And said Grantor hereby covenants with the said Grantees that it will forever warrant and defend the title to said lands against all claims and encumbrances done or suffered by or through it,but against none other. Special Warranty Deed Page 3 of 4 File Number:2019-00017988 Page 3 of 5 IN TESTIMONY WHEREOF, the name of the Grantor is hereunto affixed by its Executive Vice President this i9 day of 3u.,�,.� ,2019. MAIL TAX STATEMENT TO: SA Holdings,Inc.,a Kansas corporation Watershed Conservation Resource Center and/or City of Fayetteville 3 *fee+ By: Fc,,i e.,j fe ;I lL J AR 7 2,/ol_ Craig Mayo,Exe five Vice President I certify under penalty of false swearing that documentary stamps or a documentary symbol in the legally correct amount has been placed on this instrument. Grantees: Watershed Conservation Resource Center,an Arkansas non-profit corporation,and City of Fayetteville,an Arkansas municipal corporation By: Waco Title Company as Grantees'Agent QQ By: leu c.l" Address: 1164 East Joyce Blvd. Fayetteville,Arkansas 72703 ACKNOWLEDGEMENT Ka.►�saS STATE OFA S*S ) ss. COUNTY OF 5e6.c;.tAc�— On this day,before undersigned,a Notary Public,duly commissioned,qualified and acting,within and for the said County and State,appeared in person the within named Craig P.Mayo,to me personally known,who stated that he was the Executive Vice President of SA Holdings, Inc., a Kansas corporation, and was duly authorized in said capacity to execute the foregoing instrument for and in the name and behalf of said corporation,and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this jqi-K day of '3'vhe` ,2019, My Commission Expires: Notary Public 2��o2 ERIKA CLOCK tailNotary Pubic-Stat of Teas My Appt.Expires 12 . 2.0�z` Prepared by Stephen J.Miller,Harrington,Miller,Kieklak,Eichmann&Brown,P.A. 113 E.Emma Avenue,Springdale,Arkansas 72764 Special Warranty Deed Page 3 of 3 File Number:2019-00017988 Page 4 of 5 01.2260611 W.LOOS �ttgsrq� STATE OF ARKANSAS 70%* \„, DEPARTMENT OF FINANCE AND ADMINISTRATION f "% MISCELLANEOUS TAX SECTION ftrie 4,c0) P.O. BOX 896, LITTLE ROCK, AR 72203-0896 Real Estate Transfer Tax Stamp +, Proof of Tax Paid l , File Number: 1905377-106 Grantee: WATERSHED CONSERVATION RESOURCE CENTER AND CITY OF Mailing Address: FAYETTEVILLE 380 WEST ROCK STREET FAYETTEVILLE AR 727010000 Grantor: SA HOLDINGS, INC. Mailing Address: 7701 EAST KELLOGG WICHITA KS 672070000 Property Purchase Price: $100,000.00 Tax Amount: $330.00 County: WASHINGTON Date Issued: 06/20/2019 Stamp ID: 188133376 Washington County,AR I certify this instrument was filed on 6/20/2019 3:28:13 PM and recorded in REAL ESTATE File#2019-00017988 Kyle Sylvester-Circuit Clerk I certify under penalty of false swearing that documentary stamps or a documentary symbol in the legally correct amount has been placed on this instrument Grantee or Agent Name (printed): O't a 6EPfz,rill£ Grantee or Agent Name (signature): IL)AC1 I- .t , C Date: Address: Et1 (O/C:SEC-24:a- City/State/Zip: . ai l (I� A -4-2=R-c.1 File Number:2019-00017988 Page 5 of 5 PURCHASER'S STATEMENT Date: June 20,2019 GFNo:1905377-106 Sale From: SA Holdings,Inc.,a Kansas corporation To: Watershed Conservation Resource Center,an Arkansas 7701 E.Kellogg non-profit organization Wichita,KS 67207 380 W.Rock St. Fayetteville,AR 72701 City of Fayetteville,an Arkansas Municipal corporation 113 W.Mountain Street Fayetteville,AR 72701 Property: 24-16-30,24.70 acres,Washington County Fayetteville,AR 72701 24-16-30,74.04 acres,Washington County Fayetteville,AR Purchase Price $250,000.00 Plus: Charges Filing Fees to County Recording Fees $32.50 Warranty Deed $32.50 Title Charges to WACO Title Company $703.00 Owner Policy $703.00 Settlement Fees to WACO Title Company $400.00 Closing Fee $400.00 Additional Settlement Charges $6,230.00 Environmental Site Assessment $2,900.00 Survey Fees to Alan Reid&Associates $3,000.00 Transfer Tax: $330.00 Watershed(non-exempt)/Based off$100,000 to Department of Finance and Admin. City of Fayetteville(exempt)/Exempt on 5150,000 $0.00 Total Charges $7,365.50 Gross Amount Due By Purchaser $257,365.50 • Less:Credits County Property Taxes From 1/1/2019 to 6/20/2019 S 121.58 Earnest Money S 1,000.00 Total Credits 51,121.58 Balance Due by Purchaser X2_6 243.92 Purchaser understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available front other sources and cannot guarantee the accuracy thereof. The lender involved may be furnished a copy of this statement. Purchaser understands that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others or estimates for the current year,and in the event of any change for current year,all necessary adjustments must be made between Purchaser and Seller direct. The undersigned hereby authorizes Waco Title Companyto make expenditure and disbursements as shown above and approves sante for payment. The undersigned also acknowledges receipt of Loan Funds,if applicable.in the amount shown above and a receipt ora copy of this Statement Printed at: 06/14/2019(02:16 pm) Compliments of Waco Title Company CFNo: 1905377-106 Page 2 Waco Title Company Watershed Conservation Resource Center,an Arkansas non-profit corporation 77��fJ, Hannah Rucker By: jelnea. 1 Sandi J.Formic,,Executive Director City of F•/teville, Ar anS)s Municipal corporation .6y• hi ./vt1: �--- •��r`:� •RFq i'- Li. eld Jo ayor ��•• GST Y p� JL ..„,,,: Wim. t-: - ATTEST: .A.,4 a.-% , .. .. i, y 's, Sondra Smith,City Cler -Treasurer 5', 'WA NS �' Printed at: 06/14/2019(02:16 pm) Compliments of Waco Title Company 1 OCHICAGO TITLE INSURANCE COMPANY NOTICE OF AVAILABILITY OF CLOSING PROTECTION COVERAGE File#: 1905377-106 To: ® Buyer(s)/Borrower(s): Watershed Conservation Resource Date:June 20,2019 Center,an Arkansas non-profit organization,City of Fayetteville,an Arkansas Municipal corporation Address of property which is the subject of this transaction: ,Fayetteville,AR 72701 In accordance with Rule 87 of the Title Insurance Act 684 of 2007,Buyer/Borrower,Seller and Lender are hereby notified that as a party to a closing handled by Waco Title Company, you have the right to request a Settlement or Closing Protection Letter issued by the title insurance insurer of this transaction. The cost of this protection is S25.00. You also have the right to deny such coverage. If you are a buyer/borrower,borrowing money from a lender,be advised most lenders require protection under a Closing Protection Letter and typically require the borrower to pay any fees associated with such protection. Therefore, should you choose to decline this coverage,you may still be required to pay the$25.00 fee for your lender's required Settlement or Closing Protection coverage. You are the lender,purchaser,borrower or seller of property identified as: Legal Description: SEE ATTACHED EXHIBIT"A" Subject to the Conditions and Exclusions contained in the Closing Protection Letter(the"Letter"),closing or settlement protection indemnifies the Covered Party against loss of closing or settlement funds because of one of the following acts of the settlement agent named in the Letter: I) Theft or misappropriation of settlement funds,but only to the extent that the theft relates to the status of the title to the interest in land proposed to be insured in a title commitment or title insurance policies issued by the title insurer issuing the Letter,or to the validity,enforceability,and priority of the lien of the mortgage on that interest in land. 2) Failure to comply with the written closing instructions when agreed to by the settlement agent,but only to the extent that the failure to follow the instructions relates to the status of title to the interest in land proposed to be insured in a title commitment or title insurance policies issued by the title insurer issuing the Letter,or to the validity,enforceability,and priority of the lien of the mortgage on that interest in land. You are covered by closing or settlement protection only if you are named as a Covered Party on the Letter,or if you have indicated below that you request settlement or closing protection,and have paid the cost therefore,as indicated above. If title insurance is not purchased by any party,this offer of closing or settlement protection is void. If you are uncertain as to whether you should obtain closing or settlement protection,you are urged to seek independent advice. wT ICL Election-CTIC Page 1 of 3 Chicago Title Insurance Company BY 21Gt t. LI 1zin. Hannah Rucker,Authorized Signatory Signing Agent No.:19036062 Title Agency No.:100113373 It/We do request a Closing Protection Letter V I/We do not request a Closing Protection Letter u.vi I,June 20,2019 Watershed Conservation Resource Center,an Arkansas non-profit corporation • By: litaij•Sandi J.For Ca,Executive Director City of Fayyfville •n . ansas unicipal corporation B� /�� ./. vtr` �-a.•G1T Y p�••:PGS: oneld Jo :. or •131- / c •FAYEfl EVILLc = ATTEST: I , i :P9 c Sondra Smith,CityClerk-Treasurer $Jy'.QkA NSP %%%%% WT ICL Election-CTIC Page 2 of 3 EXHIBIT A A part of the North half of Section 24,Township 16 North,Range 30 West,Fifth Principal Meridian, Washington County,Arkansas,also being Lots 31,32,33 and a part of Lot 34 and the West 150 feet of Lot 30 all in W.E.Anderson Farm,Fayetteville,Washington County,Arkansas,being more particularly described as follows: Beginning at the NE corner of the NW 1/4 of said Section 24,said point being an existing Arkansas State Land Survey Monument;thence N87°17'32"W 267.56 feet to an existing tree; thence S02°37'58"W 79.99 feet along an existing fence to an existing iron;thence N76°44'53" W 137.32 feet along said fence to an existing iron;thence N62°45'34" W 71.64 feet along said fence to an existing iron;thence N41°55'19"W 35.30 feet along said fence to an existing iron;thence N87°17'27" W 1492.08 feet to an existing iron;thence S03°41'53"W 245.52 feet to an existing iron;thence S43°43'28"W 142.79 feet to a set 1/2"iron rebar;thence S53°47'21" E 60 feet to a set 1/2"iron rebar; thence S36°15'07"W 117.47 feet to a set cotton spindle in the center of Dead Horse Mountain Road, said point being on a 217.66 foot radius curve concave to the SW;thence Southeasterly 30.47 feet along said curve and centerline,the chord for which being S54°19'28"E 30.45 feet,to the beginning of a 5423.40 foot radius curve concave to the SW;thence Southeasterly 370.56 feet along said curve and centerline,the chord for which being S47°46'55"E 370.49,to the beginning of a 694.04 foot radius curve concave to the SW;thence Southeasterly 95.89 feet along said curve and centerline,the chord for which being S40°26'04"E 95.81 feet to the point of tangency;thence S36°06'34"E 76.44 feet along said centerline to the beginning of a 1247.75 foot radius curve concave to the SW;thence Southeasterly 82.07 feet along said curve and centerline,the chord for which being S33°35'25"E 82.06 feet,to the beginning of a 687.25 foot radius curve concave to the SW;thence Southeasterly 304.45 feet along said curve and centerline,the chord for which being S18°18'49"E 301.96 feet,to the point of tangency; thence S07°05'32"E 197.98 feet along said centerline to a point in the center of the West Fork of the White River;thence leaving the center of said road and following the centerline of said river,the following bearings and distances:N76°51'46"E 48.71 feet;N89°04'28"E 46.50 feet; S81°28'57"E 142.46 feet;S35°05'52"E 87.27 feet;S28°02'53"E 47.95 feet;S37°4229"E 173.04 feet;S59°38'36"E 40.93 feet;S79°54'36"E 14.40 feet;N89°18'23"E 332.24 feet;N75°26'52"E 93.24 feet;S65°57'38"E 190.87 feet;N82°23'33"E 61.09 feet;S78°46'21"E 151.61 feet;S67°37'47"E 30.87 feet;S47°56'59"E 63.17 feet;S28°08'49"E 72.72 feet;S17°50'35"E 146.94 feet;S21°37'34"E 122.77 feet;S32°23'37"E 61.75 feet;S42°51'39"E 132.74 feet;to a point from which a 1/2"reference iron set on the North side of said river bears NO2°42'07"E 132.73 feet;thence leaving the center of said river,NO2°42'07"E 2209.18 feet to an existing iron;thence N87'14'59"W 149.78 to the point of beginning,containing 72.51 acres, more or less.The above described 72.51 acre tract being subject to the right-of-way of Dead Horse Mountain Road and any other easements and/or rights-of-way whether or not of record. AND A part of the Section 24,Township 16 North,Range 30 West of the fifth principal meridian, Washington County,Arkansas,being more particularly described as follows:commencing at the Southeast corner of the SW 1/4 of said section 24,said point being an existing fence corner post;thence N87°07'44"W 1131.73 feet;thence N01°59'36"E 1847.14 feet to an existing cotton spindle at the centerline intersection of Dead Horse Mountain Road and Goff Farm Road for the true point of beginning;thence N05°41'47"W 956.78 feet along the centerline of said Dead Horse Mountain Road to a point;thence N05°35'48"W 451.40 feet along said centerline to a point;thence N07°05'32"W 660.05 feet along said centerline to a point in the center of the West Fork of the White River;thence leaving the center of said Dead Horse Mountain road and following the centerline of said river,the following bearings and distances:N76°51'46"E 48.71 feet;N89°04'28"E 46.50 feet;S81°28'57"E 142.46 feet; S35°05'52"E 87.27 feet;S28°02'53"E 47.95 feet;S37°42'29"E 173.04 feet;S59°38'36"E 40.93 feet; S79°54'36"E 14.40 feet;N89°18'23"E 332.24 feet;N75°26'52"E 93.24 feet;S65°57'38"E 190.87 feet; WT ICL Election-CTIC Page 3 of 4 N82°23'33"E 61.09 feet; S78°46'21"E 151.61 feet;S67°37'47"E 30.87 feet;S47°56'59"E 63.17 feet; S28°08'49"E 72.72 feet;S17°50'35"E 146.94 feet;S21°37'34"E 58.02 feet to a point from which an existing reference iron on the South side of said river bears S53°00'46"W 87.99 feet;thence leaving the center of said river,S53°00'46"W 389.56 feet to an existing iron;thence N69°51'02"W 506.15 feet to an existing iron;thence S15°24'43"W 1372.71 feet to a set cotton spindle in the center of Goff Farm Road; thence S85°14'52"W 73.69 feet to the point of beginning,containing 26.13 acres,more or less.The above described 26.13 acre tract being subject to the right-of-way of Dead Horse Mountain Road,Goff Farm Road and any other easements and/or rights-of-way whether or not of record. WT/CL Election-CTIC Page 4 of 4